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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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thanks

thanks to all for the advice. keep it coming!

So sorry to hear,

hope things work out for the better. I'm in the same boat but, consider it a relief to wash my hands of this mess. Damn Gov. has made a real mess of everything. Vote them all out, 'cept you know ;)

The DP is proof that the grassroots support for Ron Paul and his peaceful message of individual liberty is large, real, and not going away!

The DP is proof that the grassroots support for Ron Paul and his peaceful message of individual liberty is large, real, and not going away!

Can SOMEONE ANSWER THIS???

I filed our case in Federal Court- against Bank of America/Countrywide

It doesn't matter which bank location -I served the papers on as long as it is with one of their banks- is this correct?

United We Stand

i

i knew this day was coming, and have prepared well. i have a decent job now and a place to stay. i'll be fine. i just want to shove this up the banks a**. besides, if this home sits vacant through a frigid northeast ohio winter; it wont be worth much come spring anyhow, theyll be stuck with it til the city tears it down.

bravo

the bankers are crooks they provide no service to society except to steal from the people. fuck them.

This is EXACTLY what

This is EXACTLY what happened to my friend in Kalamazoo!!! He stopped foreclosure, Sheriff sale, and Bank of America dropped it...he has been renting it out for months now!

in my opinion:

You may have to ask for an extension at this point....
BUT...a couple things you may want to know.

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.

If you were in Arizona, there is a great class going on this week

Also, here are a couple of VERY important questions that must be answered BEFORE they can proceed with foreclosure!:
http://www.webmavin.com/CondAccept.html

For a bank to lend, there are some strict rules they MUST follow....They must put up consideration, which none of them do, They must give full disclosure which none of them do, they must lend MONEY rather than credit, which none of them do.

If you have the courage to ask these questions, the foreclosure WILL be stopped, and will give you time to get your Conditioanl Acceptance in order.

wolfe's picture

This is your chance...

While I don't believe any of this will help him. It certainly couldn't hurt him at this point.

Too bad you won't stop pushing the crap when they take his house anyway. I can hear you now, "Well, they musta done something wrong, it's not easy ya know." etc etc...

If they don't take his house, and he shows us, I will be very happy for him, and will be a kinder, gentler critic of you... lol
_________
The Philosophy Of Liberty -
http://www.isil.org/resources/introduction.swf

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

I think it will. If this is

I think it will. If this is the hearing for forclosure, he can ask for specific documents the lender is required to hold, AND establish tat the 'loan' was in error ab initio.

Here is an email I just received from this company that has a PRETTY good record of stopping foreclosure, by merely requesting lawful documents. These banks have a duty, to NOT only follow the law, but to keep their paperwork:
##########################################

====================================

-----Original Message-----
Sent: Wednesday, November 11, 2009 8:48 AM
Subject: mortgage cancellation

This is not legal advice: just my opinion for education purposes,
if you read this you are agreeing to the previous statement
and will not consider anything I state as legal advice, ever,
and use such strictly for you own personal knowledge.

I am now working with a group out of Harrisburg, PA. They have 150+
wins and only 4 loses so far. We know what caused the loses and
they will not be repeated. I have met and talked to people who
have beat the banks and we are developing a boiler plate document
to kick the banks butt in State or Federal court.

This is not a scam, we are not like NACA or any other "remodify"
crap. It is our belief ALL mortgages are illegal, ab initio, and
you owe the bank nothing. They never lent you money, it was a scam
from the beginning.

Our goal is to get at least 200 people to go down to the court at
one time in Phoenix and file the documents to stop the bank. It
does not matter if you already lost the house to foreclosure,
if they are currently foreclosing, if you are not even close to
losing the house, or even if it was an investment home.

There is no charge, no fees, etc. Its all free. Everyone is donating
their time and resources to help people keep their homes and squash
the banks before they squash us.

You can pass this email around. If interested, you will need to
attend a meeting and learn about what is going on and start doing
paperwork very soon.

Almost all are welcome. Invite others. RSVP back to this address
if you want to be involved.

We are here to help you and to stop the banks. We are not here to
make a profit from you. We all work together and no one charges
or pays anyone. You will fill in your own documents and go down
and file them yourself. Everyone shares all the information and
helps each other. If you are not willing to help and are only in
it for yourself, we don't need you. But, if you want to save your
home and maybe your country, and don't want to pay an attorney,
and are willing to do the work and help others, this is where you
need to be. We are winning, we will beat these bastards and you will
probably get to keep your home and never make another payment. You
may even be able to get back homes lost, or compensation for such.

Schedule: Mickey will be in town on November 28 and 29 for a
class. This will be the formal start of our group. We will meet at
the workshop at 7th Ave and Indian School, southwest corner. If
you want to save your home(s) you will need to be there. ALL are
welcome. This is were we will go over the process, laws, rules and
documents for court.

We would like to file the documents within a couple of weeks
after that.

Again, there is no charge. We are here to help you if you are
willing to help yourself.

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.

2) Confessed judgement clause in Arizona can be
unlawful, See: A.R.S. 44-143. Formal requirements for
and limitations upon confession of judgment under power
of attorney Judgment by confession shall not be entered upon a note,
bond or other instrument in writing for the payment of money under
the authority of a power of attorney to confess judgment thereon,
unless such authority is executed and acknowledged on a day
subsequent to the date on which the indebtedness to be confessed
became due and payable.

P.s.: Cindy and Marv are working together again, If you are involved,
please do not contact me or share this information with them.

John C; of the family Stuart, sui juris Agent for JOHN STUART,
habenae corpus inscribo /480-232-0606 themobinem@aol.com The
Ecclesiastical Order of : Mobius Nemesis

I am NO attorney..

But you will probably need a motion of discovery in writing submitted to the court.

My humble advice is be VERY CAREFUL what you say. ADMIT NOTHING and DENY EVERYTHING.

One thing I do KNOW about courts they do NOT exist to discover the TRUTH. So feed no need to enlighten anyone in the court room.

Make the plaintiff PROVE EVERYTHING IN WRITING.

wolfe's picture

Always good advice...

Except never lie (that is criminal). If you must deny a truth then simply shut up. No need to make their lives easier.

However, a foreclosure hearing is a formality... It's already pretty much a done deal at this point unless you have the cash on hand to pay the note in full.
_________
The Philosophy Of Liberty -
http://www.isil.org/resources/introduction.swf

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

No suggestion of lying

but do not be naive or childlike when attending court. It is a contest for an outcome. You want to win that contest.

Do not lie, but do not volunteer any info either.

Plus the REALITY is prosecutors, cops and witness, defendants and judges lie in court EVERYDAY.

wolfe's picture

Agreed...

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

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

wolfe's picture

There is honestly little to nothing that you can do...

If it is already to this point then there is little that can be done... Even with a lawyer it wouldn't do much but maybe buy you a little time, which would hardly be worth the expense.

You will however have time to adjust to your new situation after the hearing. I think in many states you get 40 days or so to vacate.

Maybe, juliusbragg or that hawkeye character will come in and explain how to save the house. I will say this, following their advice at this stage isn't likely to hurt anything, but I do promise you that it won't help either.

My best advice, is to kick back, have a drink or a smoke and enjoy the evening. It will do you little good to get stressed out over it, and it is important to recognize that it isn't the end of the world.
_________
The Philosophy Of Liberty -
http://www.isil.org/resources/introduction.swf

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

Please let us know how you proceed and the outcome.

This is a significant issue for those who face the same issue.

However, if you are not successful in defeating our predators, just move on and know that you have contributed to the conditions that will ultimately result in revolution, in which I suppose you will eventually be a participant.

"Bend over and grab your ankles" should be etched in stone at the entrance to every government building and every government office.

County Courthouse - Deeds - platts (city hall) - titles

They have to file this stuff legally when the title to the property was attached by the mortgage.

Your original mortgage doc should have legal lot descriptions and terms that you can use to go to the county platt land office and get this info.

I think the Countrywide to BOA is just a name change.

Do not give up. You have to engage and do stuff - ask for help.

You need to tell us what state you are in.

Maybe you can stall.

I am not a lawyer and I know very little about this stuff.

A lot of counties have stuff online now so you could find the office and where it is at ahead of time so that you can get there early in the morning.

im

in Ohio

Just ask for it

.

It should be as simple as that.

.

www.vaclib.org

.
.

www.vaclib.org

i

i dont think its that simple

Why not?

.

They need to provide what you are paying off.

That being the ORIGINAL note.

Am I correct?

.

www.vaclib.org

.
.

www.vaclib.org

Go To

Go to your Court House and get a copy of the Deed of Trust and see if it has MERS on it as the SOLELY NOMINEE-

yeah, because (it) is not a person!

United We Stand

That is what I thought

I thought it was that simple as well. Even if it only ends up being a 1 day delaying tactic.

We are taling about the note not the servicer of the mortgatge perse.

The jist of why they need to produce the note is that if the loan was sold off in a Structured Investment Vehicle (or sold off for any reason). So the person asking for the money has no relationship to the deeded leaal note holder.

Someone who sold your note gets paid off twice - on the original transfer of the note and then once again when they foreclose. It is like the loan servicer is foreclosing not the note holder.

I am under the un-informed impression that countrywide-BOA did not sell thier notes off - they are the note holders. I would still see if this goes anywhere.

Remember Just becase they SAY they are the note holder does not mean that they are.

Mike

Beautiful soul you are!
__________________
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