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REALLY Need Help: My home Foreclosure hearing is tomorrow. *UPDATED* 4-26-2010!!!

Can any one here give me some advice on how to make the lender produce the note (in a legal manner). Countrywide was the original lender (they no longer exist). Bank of America now supposedly holds the note. How would I go about challenging them without hiring an attorney? Any advice would be much appreciated!

Ok, so I woke up this morning not knowing what I was going to do, logged on to the DP, and after reading some of your guys posts from after I went to bed I got up the confidence to go down to the courthouse to see what I could do.

When the magistrate asked me if I had anything to say I said yes your honor, I would like BofA, formerly Countrywide Home Loans, to produce the genuine original promissory note for this amount, also, I want to be sure B of A has standing to collect on this alleged debt. (thank you esp to jules and wolfe, jules for giving me something to go with, and wolfe with letting me know non lawyers get more leeway)

Anyway, the magistrate says very good; have you filed and answer with the court? No your honor, I have not. Mag: Technically you should have done that already, but I will grant you till 11/27/2009 to file an answer with the court and mail to all concerning parties.

UPDATE* 11/24/2009

After much research I have finished my answer to the complaint. Im going to take it to a lawyer friend now to review it and hopefully file it today. I really think I nailed it. The burden of Proof is now on the bank. I want to thank the whole Daily Paul family so much for all your advice, info, encouragement, and support! Wish me luck!

UPDATE* 11/25/2009

Answer to complaint filed with the clerk of courts today. Copy mailed to Plaintiff via certified mail. My lawyer friend says i probably wont hear from anyone for a while now.

UPDATE* 2/18/2010 !!!!!!!!!!!

Out of curiosity yesterday i was checking the Clerk of Courts website to see if anything new had been filed and sure enough Bank of America has filed a motion for Summary Judgment. They didnt even notify me though it says they did in their affidavit. i got it today at the courthouse. They have two affidavits in support of the motion. I think i've got em but i need help.

In the affidavit a man named Greg Hige*** labeled as Assistant Vice President of BAC Home Loans states:

1.
In such job position affiant has the custody of the accounts of said company, including the account of Mr. _____ , defendant herein. Affiant states that the records of the accounts of said company are compiled at or near the time of occurence of each event by persons with knowledge of said events, that said records are kept in the course of its regularly conducted business activity, and that it is the regular practice to keep such records related to the business activity.

2. Plaintiff is the holder of the note and mortgage which are the subject of the within foreclosure action. TRUE AND ACCURATE REPRODUCTIONS of the originals as they exist in Plaintiff's files are attached hereto as Exhibits "A" and "B".

3. Affiant states that there has been a default in payment under the terms of the aforesaid note and mortgage. The account is due for the August 1, 2008 payment and all subsequent payments. Plaintiff has therefore elected to accelerate the entire balance due.

4. Affiant states that there is due on said account a principal balance of 59,704.21, together with interest thereon from July 1, 2008 at 6.125 percent annum and as may be subsequently adjusted if provided for by the terms of the note, and advances for taxes insurance or otherwise expended to protect the property.

They didnt produce the genuine original note! All they did was submit another copy! Where do I go from here. My Answer specifically demanded they produce the Genuine original promissory note.

UPDATE!! 2-28-2010

Ive discovered that a lady who signed for the ASSIGNMENT OF MORTGAGE listed as the Assistant Vice President for Countrywide has also in the last three years been listed as Assistant VP of MERS, VP of Countrywide, and Assistant VP of Bank of New York, constantly flipping back and forth signing these ASSIGNMENTS OF MORTGAGE. Also, I just discovered tonight via Fannie Mae's web site that they currently own the loan for my house. They are not listed anywhere in any of BOA's filings. I'm diggin!!!

UPDATE!! 3-17-2010

Back on March 5th I filed my Brief in Opposition to Plaintiff's Motion for Summary Judgment challenging BOA's standing as the real party in interest after I discovered that my mortgage loan was sold to Fannie Mae, and to this day are still claiming ownership. As well as the fact that the lady they had sign the assignment of mortgage as Countrywide's Assistant Vice President also signed on the very same day on six different occasions as the Assistant Vice President of MERS that i could find on file with the the County Recorder here in my county. Well, checked the docket online today and BOA has filed a Motion for Extension of Time to reply to Defendant's Brief in Opposition to Summary Judgment.

I really dont know what to expect now.

UPDATE!! 4-02-2010

From the docket today:

"PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO REPLY TO DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLAINTIFF MAY FILE ITS REPLY ON OR BEFORE APRIL 23, 2010"

UPDATE 4-26-2010

The bank filed a reply in support of plaintiff's motion for summary judgment. I'm so confused and overwhelmed right now. I really dont know if i have a chance now. They are now stating that they are the servicer for fannie mae among other things. not sure where to go with this now.

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"Fraudulent Inducement"

.

Katherine Austin Fitts is now on Alex Jones.

She brought up the legal term for how these banks have saddled people with these loans knowing full-well that the bubble was going to burst and/or incomes were going to drop drastically.

Perhaps you can get this bank on what SHE claimed is "Fraudulent Inducement".

.

www.vaclib.org

.
.

www.vaclib.org

ignore the idiot below me,

ignore the idiot below me, anyone who says "pay your bills" the question should be "with what, debt instruments??" and if someone is willing to accept debt instraments, such as federal reserve notes as payments, which only represent a unit of debt, why not pay them with my cell phone bill, or one of my other bills??? There is no lawful money in existence to "pay" your debts, so all you can do is discharge them.
when people stop paying and giving the banking institutions our energy (which is stolen through this monetary policy) we will regain our freedom peacefully.

i have people tell me to pay my bills but they sure dont know what to say when i ask them if they have ever read title 31 section 5112, or ask them about fiat money, or the difference between a promissory note and mortgage, who funded the loan? They dont want to hear that because it clearly shows there clueless. My good friend said you "promised to pay there for you should"

study, it takes a long time, but the answers are there, ive shut down all my credit cards and will be correcting my credit soon.

you may lose your home because your in the eleventh hour, but dont stop moving forward, they owe you for consideration for the note. if everyone did this is would shut down the banks, without HR1207

file bk and send them a b-10

file bk and send them a b-10 (this will buy you time and make them support their claim under penalties of perjury)

you are the grantor of the promissory note (see jerome daly case), so even if they foreclose they still owe you for consideration on the note.

1. get them in contract
2. bill them
3. claim of lien
4. lien
5. foreclose on them, or one of their assets, possibly a nicer home than they took

think of it if you buy a car and you give them 10k, you get title (actually certificate of title, but thats another issue) you cant get the money and the title, either one or the other.
the bank is taking both.
you owe them for the mortgage, they are foreclosing on the mortgage, they owe you for equal value for the note, copy the administrative process they did to you and do it back to them on the note.

i am part of a group and a lot of us have kept the lender at bay for years, one has been successful at reconvayance of title. thats what Im hoping for.

remember you cant distinguish a debt with a debt, only delay payment, with this monetary policy the only way to distinguish a debt is to discharge it, or offset/setoff. The goal is to balance the books to zero every year through the IRS.

this is not legal advice just some things im working on.

good luck

HOWS THIS

PAY YOUR MORTGAGE?!?!!

And if you can't you deserve to lose your home, it will be a chance for you to get something you can afford.

Wow. I've never met someone with a PHD in assh*le before!

Pay your mortgage? Deserve to lose?

Either you work for a bank or you haven't been paying attention lately.

Here's my wish for you: I wish this same situation on you. Lose your job and try to hold onto everything you have.

Assh*le.

I may not know the truth, but I know when I'm being lied to...

I may not know the truth, but I know when I'm being lied to...

i just went thru a forecloure proceeding with someone

i actually got involved in the tail end.
but one thing i can tell you that whatever paperwork has been filed is in
the local courthouse and is public record.
every document they have written is there as is every document you wrote too in response or that you initiated. it has to be for them to do this correctly.
if you have filed responses in a timely manner - and that is the key - it's on record.
if you've done all that then i would fight it.

that's in addition to them producing the document:
"Notes: 1) Do not ask for the "original Note" ask for the "Genuine and
Original Promissory Note". Original is not defined in the U.C.C.:
U.C.C. 1-201 (19) "Genuine" means free of forgery or counterfeiting."
julius bragg

it appears that you're giving up.
and it also appears that you are asking for help at the last possible
time. have you brought this topic up here before now?

Ron Paul is my President

Ron Paul is My President

Email me I'll try and get you in touch with someone

who can help. riceowlex@yahoo.com I have his number but don't want to post it worldwide, might interfere with our friendship if you know what I mean.
Make sure that this company has the NOTE and the DEED. If they do not then they're barking up a tree.

Just one last kick in the nuts, then a final deathblow

i

i will tonight when i got more time.

Couldn't you simply request

Couldn't you simply request at the hearing to verify that Bank of America actually possesses the note?

I don't see how a bank would be able to foreclose on the house if they cannot prove their claim is legitimate.

...

@ --> john2k

I agree with you 100%

United We Stand

Great!

Since you now have a good job , I'm sure there is some way to just start paying maybe reduced payments or something. I could of swore there was some new gov't program to reduce principal balances even. If my taxes are gonna help pay for the program, I would like to see you get some benefit.
Have you considered calling the current owner of the note to explain your improved ability to honor the contract...they would rather you keep making the payments...they got enough vacant reo's already....you need to keep that house, its almost payed for.
For that small amount of principle owed... maybe a local credit union would loan you the payoff amount...I would definitely enquire.

most

most of what i have paid has been interest.

It sucks but look at the brite side

You are alive! You have your wits! and you will be back to fight another day.

I am sure it has a lot of sentimental value to you but in the end, its just a house. You are not alone my friend, thousands of Americans are struggling

Take the next 6 months you have in the house as a redemption period and take what you would have paid in mortgage and convert it into metal. It will be a new nest egg for you.

I feel for you but rather than hold on to the ill feeling of your loss, start tomorrow with a new found energy for a new begining.

We will need you in the war of hearts for this country....

For Freedom!

For Freedom!
The World is my country, all mankind is my brethren, to do good is my religion.

i

this place really doesnt have much sentimental value to me. ive only been here six years and of that time i was working on the road at least a combined total ot three of them. i have redirected money to metals(silver mainly) and other things since i returned to work during this process. i figured ive got til the end of february til my time is up here. i dont have any kids or a wife so it'll be a good time to save money and stock up on essentials, cause i think we all know next year will be far worse than this year. i'm just fortunate i've got good friends, family, health and a steady job (seemingly), and the good folks of the DP of course :D . it's kind of like a fresh, new beginning.

at

at this point i dont think there is any point in showing up. from what ive read, i would have needed to request proof of the note first from the lender, then after thirty days file another request with the clerk of courts. i guess i shouldve looked into this a while ago. i do now firmly believe the produce the note process is possible and you can win, you just need to file the right papers at the right time at the right places. i do want to thank everyone here for their help with this. i did learn a heckuva a lot tonight.

Something very odd---

We went and had a credit report done and it shows up that ( we are 1 month behind ) when they are foreclosing on us after BOA stole my husbands escrow of $926.00 and we refused to pay them another cent for stealing- here they claim we are 8 mos behind--> but on this report- it says 1??

They are so MAJOR ate up!

United We Stand

you can either give up, or

you can either give up, or hold the lenders to the law. The law says they MUST keep the "Genuine Original Promissory Note", and it also says that they CANNOT lend credit.

see:
http://www.dailypaul.com/node/114342#comment-1245172
for an example, and:

http://www.dailypaul.com/node/114342#comment-1243786

i

i understand that. but there is a way you have to present it in court in this country or they laugh at you. i'm not well versed enough to go and challenge this myself right now. maybe if i started this process a couple months ago i'd have a shot.

gavination

It is never too late- you can do this, yeah it is no ball park, but you can do it.

United We Stand

Even if you know the law,

Even if you know the law, they will laugh at you anyway, so why do you care if they do or not? Lets say you follow JB's advice what's the worst they can do to you? Take your home? They will do that anyway if you do nothing.

the "rules of court" apply

the "rules of court" apply to all judges and bar certified attorneys, NOT to a citizen claiming their right to be heard. This is why NON lawyers are always advised to repeat, "I am not an attorney"

right

but there are procedures that must be followed, and right now i dont have enough time to do it properly.

Gavination--->

Stop letting it overwhelm you- I will tell you what my mom always says to me

DON'T LET IT INTIMIDATE YOU-

United We Stand

Late response

...but I was just reading through this thread again and caught this where I apparently missed it before.


Just yesterday I finished fighting the case referenced above. I went in with no legal representation, Sui Juris. The judge asked me if I had ever been in civil court before. I told him I hadn't, and he was very accommodating in walking me through the court procedures, telling me what to expect, when to expect it, the ways it could go and et cetera. He also told me I was welcomed to ask questions about anything I didn't even understand, or if I had questions mid-stream about my options during the proceedings. He said he would be glad to answer any questions I had about procedures and requirements at any point, short of giving me legal advice. And, although I put in the extra effort to file all my motions and paperwork consistent with generally-used formatting, wording and et cetera, I was told that my motions and demands could be hand-written on a napkin if I so chose. I put together an elaborate jury demand and the judge told me, “You know, since you're not an attorney, you could have just written 'I want a jury' on a piece of paper.”


Also, during the hearing I noticed that the opposing attorney was held to strict expectations and rules where I was not. For the most part, I was free to act and speak however I chose, whenever I chose, so long as I wasn't insulting or disruptive, and so long as I stayed within the merits of the case (which I even managed to get around some of that). In fact, in order to test the waters, a couple of times I paid attention to things for which the opposing attorney was reprimanded, then I proceeded to commit the same acts without a negative word being said to me about it.


So all you need to do is study the Code of Civil Procedure for your state, which will generally outline court rules, go into the court and let them know that you're not an attorney, that you do not have an attorney, that you cannot afford an attorney and would not want one even if you could afford one, that there is no legal representation of you because you are a living soul, that your status is Sui Juris – present under duress, and be yourself. Then watch how much more freedom you have than opposing attorneys in the court room. Also, while you are not expected to know the laws, it will be prudent for you to study all you can related to your case, to at least be generally familiar with them (but not necessarily memorizing them word-for-word). There may be some very important laws of which you should be aware that do not get mentioned in the court room unless you specifically ask, or even know to ask. But don't worry about nit-picky procedures. You'll not be expected to conform as an attorney and know everything.

wolfe's picture

Actually, this is one thing...

That the julius guy is right on... You don't have to follow specific form as a non-attorney.

You are given a great deal more leeway than an attorney. And in fact, you can simply speak plainly and directly. You can make simple requests.

It won't hurt to ask for it, even demand it (it is the law, their can be no demand without the note).

You don't need any magic words like julius says though. Simply ask to see the original promissory note.

The worst that will happen is that they will already have it, they will show it, and that is the end. The best is that it will delay things.

_________
The Philosophy Of Liberty -
http://www.isil.org/resources/introduction.swf

The Philosophy Of Liberty -
http://www.thephilosophyofliberty.com/

Right

And chances are - Countrywide sold the mortgage to China or Japan in a tranche (bundle of mortgages) and they don't have the "original" note. Agreed-by saying you are not a lawyer helps with leeway.

Detective Krum Investigates:
http://victory1project.wordpress.com/
http://politicaltrackingnetwork.wordpress.com/

Detective Krum Investigates:
http://victory1project.wordpress.com/

V1-P

Yes when we went to the court house they printed off :

Assignment of Deed of trust--> no seal

Appointment of Successor-----> no seal

Deed of Trust-------- no seal

And all were copies, heck if they had all them copies, then where was the promissory note? Oh, I for got, it would have just been a copy.

United We Stand

"Genuine" isnt a magic word,

"Genuine" isnt a magic word, it simply prevents them from providing a faxed copy, or new copy....
Original isnt defined in the code, genuine is.

juliusbragg

So very TRUE

United We Stand

ok, then dont even bother

ok, then dont even bother going...why did you ask for advice again??