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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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Secret Banker Manual

Is it the one written by Tom Schauf?
http://www.scribd.com/doc/18528530/Secret-Bankers-Manual

I've just begun reading this now.

I suppose it's possible that

I suppose it's possible that it might be fraud. You never know who you can trust these days, so better to be on the safe side and verify the original documents instead of copies.

BoA is currently involved in a mess where they apparently foreclosed on a house that they did not own. The owners of the house owned it outright, having paid cash for it a few years ago. Some articles on that:

http://market-ticker.denninger.net/archives/1963-Mistaken-Fo...

http://www.tampabay.com/news/business/realestate/bank-of-ame...

And in response to your comment about 'no wonder everyone is in debt to the banks,' check out this scam that was recently posted on YouTube: http://www.youtube.com/watch?v=6sL-zMsRU8Y (Indymac OneWest Bank & the FDIC)

...

Some homework for you

http://www.live.thefastfilers.com/2008/06/16/securitization-...

In Kluge v. Fugazy, 145 AD2d 537, 536 NYS2d 92 [2nd Dept., 1988] the Court held that the assignment of a mortgage without transfer of the debt is a nullity and a cause of action for foreclosure must fail. In Merritt v. Bartholick, 36 NY 44 [1867] the Court of Appeals held that as a mortgage is but an incident to the debt which it is intended to secure (cites omitted ), the logical conclusion is that a transfer of the mortgage without the debt is a nullity, and no interest is assigned by it. The security cannot be separated from the debt, and exist independently of it. This is the necessary legal conclusion, and recognized as the rule by a long course of judicial decisions.” It should be noted that in MERSCORP, Inc. v. Romaine, 8 NY3d 90, 828 NYS2d 266 [2006], Justice Ciparick, in her concurring opinion specifically notes that the Court’s ruling left for another day the argument made by the County of Suffolk and various amici “that MERS has violated the clear prohibition against separating a lien from its debt and that MERS does not have standing to bring foreclosure actions * * * (see, e.g., Merritt v. Bartholick, 36 NY44, 45 [1867]). [*4

mortgage bonds to require banks to buy back the loans at face value if there was fraud in the origination process.

". . . The catastrophic consequences of bond investors forcing originators to buy back loans at face value are beyond the current media discussion. The loans at issue dwarf the capital available at the largest U.S. banks combined, and investor lawsuits would raise stunning liability sufficient to cause even the largest U.S. banks to fail, resulting in massive taxpayer-funded bailouts of Fannie and Freddie, and even FDIC . . . .

"What would be prudent and logical is for the banks that sold this toxic waste to buy it back and for a lot of people to go to prison. If they knew about the fraud, they should have to buy the bonds back."1

The thought could send a chill through even the most powerful of investment bankers, including Treasury Secretary Henry Paulson himself, who was head of Goldman Sachs during the heyday of toxic subprime paper-writing from 2004 to 2006. Mortgage fraud has not been limited to the representations made to borrowers or on loan documents but is in the design of the banks’ "financial products" themselves. Among other design flaws is that securitized mortgage debt has become so complex that ownership of the underlying security has often been lost in the shuffle; and without a legal owner, there is no one with standing to foreclose. That was the procedural problem prompting Federal District Judge Christopher Boyko to rule in October 2007 that Deutsche Bank did not have standing to foreclose on 14 mortgage loans held in trust for a pool of mortgage-backed securities holders.2 If large numbers of defaulting homeowners were to contest their foreclosures on the ground that the plaintiffs lacked standing to sue, trillions of dollars in mortgage-backed securities (MBS) could be at risk. Irate securities holders might then respond with litigation that could indeed threaten the existence of the banking Goliaths

UPDATE!!

Bank of America has issued a Motion for Summary Judgment to get this case dismissed. In support of their motion they submitted another copy of the note. Not the original or anything like it!!!!!

Thanks for keeping us

Thanks for keeping us updated. Continue to let us know how this all plays out if you don't mind. I don't have any advice, but I do wish you the best of luck.

...

Thanks

Thanks john! this has become an experiment of sorts. ive learned so much. this is like entering another chapter. lots of homework that i dont mind doing.

Wolfe

I am also curious,Gavination was on a while ago but I see know gone again.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

wolfe's picture

Any word?

What's going on?

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

gavination

I know you don't have a lot of time for entertainment right now, but have a look at this (and related): http://www.youtube.com/watch?v=dGrmglF8D9I&feature=related

Stop foreclosure immediately, file bankruptcy NOW!

A chapter 13 Bankruptcy will reduce your payment and eliminate a lot of the interest if not all the interest. but just the act of filing any kind of Bankruptcy will stop cold. Just file get a Docket number. You can do it yourself. Just go to a legal Stationary Store and pick up a Bankruptcy kit. List the Mortgage or lien holder and whoever else you own money to and file it. It cost 90 Dollars to file when I did it. It stopped all proceedings but I never followed through with it because it gave me the time I needed to catch up.

Here is how the system is working right now ...

There is less than a 1% chance that a third party will buy your house at a sherriff sale. You probably owe way more than the house is worth. And the bank is not willing to take a written loss immediately.

Play nice, ask if you can remain in the house until after the sale. 99% chance that they will want you in there to prevent vandalism.

The bank will gain possession of it, then play nice again, ask if you can rent until there is a re-sale. Tell them you can afford approx. 25% of your current mortgage payment.

They will probably balk at this, but it is worth a shot.

But you are buying time.

If you truly want to stay in the house and are willing to negotiate, in the mean time you need to do the following.

1. Get an appraisal, or if you don't have the cash to do that, do one yourself.

2. Take 45% off that price.

3. See if you can raise that in cash, even if it means oweing a relative or a friend for a long time.

4. 85% chance they are going to take that offer. They would love to add you to the statistics where they were able to successfully reneg. terms.

Good luck and God Bless.

WAHOR!!
http://www.dailypaul.com/node/48994

Trustee Sale

Do you live in a trust deed state? If it forecloses find a do gooder like the guy i just read about in cnn who is buying foreclosed homes at auctions and giving them back to the owners... crazy, sorry dont have a link to the story. There's also another guy out of arizona that has bought like 5 foreclosed homes and lets the former owners lease the residence for free for 12 months to help them get back on their feet.

I will give

you several links and documents but dont ask me how to present them. I have kept a large amount of files on this subject, and actual court decissions.. I have a bunch od PDF's that if you send me an email I can get them to you. They are from actual cases going on now.

Abby in CA said on Find A Lawyer That "Gets It"
August 9, 2008 at 4:09 pm

Steve-go back and read some of my earlier posts. I am pro se. I was served with a UD. I am in California. I fought some in UD court then I filed a fraud, TILA, predatory lending, usury etc. complaint. This was all in Calif. Superior Court system. Next, I quickly filed a Motion to Consolidate the UD with the Fraud case (two separate cases yes)...I filed that Motion with the UD court. The UD judge saw my fraud complaint and then he stated the UD court was not equipped to handle such a fraud case and he did 'consolidate' the two cases with the UD being dependant on the outcome of the fraud case. Thus, I am still in my home and working on my case. Again, I am not an attorney and not offering any legal advice or services. I am communicating my experience.

In Kluge v. Fugazy, 145 AD2d 537, 536 NYS2d 92 [2nd Dept., 1988] the Court held that the assignment of a mortgage without transfer of the debt is a nullity and a cause of action for foreclosure must fail. In Merritt v. Bartholick, 36 NY 44 [1867] the Court of Appeals held that as a mortgage is but an incident to the debt which it is intended to secure (cites omitted ), the logical conclusion is that a transfer of the mortgage without the debt is a nullity, and no interest is assigned by it. The security cannot be separated from the debt, and exist independently of it. This is the necessary legal conclusion, and recognized as the rule by a long course of judicial decisions.” It should be noted that in MERSCORP, Inc. v. Romaine, 8 NY3d 90, 828 NYS2d 266 [2006], Justice Ciparick, in her concurring opinion specifically notes that the Court’s ruling left for another day the argument made by the County of Suffolk and various amici “that MERS has violated the clear prohibition against separating a lien from its debt and that MERS does not have standing to bring foreclosure actions * * * (see, e.g., Merritt v. Bartholick, 36 NY44, 45 [1867]). [*4]

Banks Brace for a Storm of Litigation

By Dr. Ellen Brown

July 13, 2008

In an article in The San Francisco Chronicle in December 2007, attorney Sean Olender suggested that the real reason for the subprime bailout schemes being proposed by the U.S. Treasury Department was not to keep strapped borrowers in their homes so much as to stave off a spate of lawsuits against the banks. The plan then on the table was an interest rate freeze on a limited number of subprime loans. Olender wrote:

"The sole goal of the freeze is to prevent owners of mortgage-backed securities, many of them foreigners, from suing U.S. banks and forcing them to buy back worthless mortgage securities at face value – right now almost 10 times their market worth. The ticking time bomb in the U.S. banking system is not resetting subprime mortgage rates. The real problem is the contractual ability of investors in mortgage bonds to require banks to buy back the loans at face value if there was fraud in the origination process.

". . . The catastrophic consequences of bond investors forcing originators to buy back loans at face value are beyond the current media discussion. The loans at issue dwarf the capital available at the largest U.S. banks combined, and investor lawsuits would raise stunning liability sufficient to cause even the largest U.S. banks to fail, resulting in massive taxpayer-funded bailouts of Fannie and Freddie, and even FDIC . . . .

"What would be prudent and logical is for the banks that sold this toxic waste to buy it back and for a lot of people to go to prison. If they knew about the fraud, they should have to buy the bonds back."1

The thought could send a chill through even the most powerful of investment bankers, including Treasury Secretary Henry Paulson himself, who was head of Goldman Sachs during the heyday of toxic subprime paper-writing from 2004 to 2006. Mortgage fraud has not been limited to the representations made to borrowers or on loan documents but is in the design of the banks’ "financial products" themselves. Among other design flaws is that securitized mortgage debt has become so complex that ownership of the underlying security has often been lost in the shuffle; and without a legal owner, there is no one with standing to foreclose. That was the procedural problem prompting Federal District Judge Christopher Boyko to rule in October 2007 that Deutsche Bank did not have standing to foreclose on 14 mortgage loans held in trust for a pool of mortgage-backed securities holders.2 If large numbers of defaulting homeowners were to contest their foreclosures on the ground that the plaintiffs lacked standing to sue, trillions of dollars in mortgage-backed securities (MBS) could be at risk. Irate securities holders might then respond with litigation that could indeed threaten the existence of the banking Goliaths.

foreclosure

wow.

great story. keep up the fight.

Click Here for a Great Peter Schiff Site!!

Very important. Please pay

Very important.
Please pay all property taxes due.
If you live in a state where property taxes are paid in the arrears (meaning, you are always 1-year behind on property taxes), then pay that amount.
For instance, in my state, the 2010 property taxes coming due are actually the 2009 taxes. So if you want to pay the 2010 taxes, you have to pay both the 2009 & 2010 taxes in which the 2010 taxes comes due in 2011.

It is very very important for this is where the Sheriff Sale takes place...it's because you have not paid your property taxes. The bank (lender) comes in and pays the taxes to regain control of the property. If you pay the property taxes as I have stated, it will be very difficult for them to foreclose on your home.

I am not an attorney, but I am learning some of the tricks. Make sure you file all documents you submit to the courts in an evidence file (or MISC file) and also, make sure the clerk of the courts stamp the documents. When speaking to the judge, you can refer your evidence to the file you have submitted with the courts. Lastly, make sure you get copies with the stamp of the clerk of every document you file with the court. DO NOT TRUST THE JUDGE TO FILE ANY DOCUMENT OR MOTION YOU SUBMIT--judges cannot be trusted.

Also, make sure you ask for

Also, make sure you ask for the original note...what happens is that the bank will copy the note and shred it then sell it on the open market in securities. This is fraud and if they can not produce the original but bring in the actual copy, claim it is a "masterful forgery" and again ask for the original document. The best recipe is to file the last motion. He who files last is the creditor and it forces the bank to answer your question. Also, object that the bank has not sent in a witness and their attorney can not serve as a witness and an attorney during the process. Nor can a judge serve as a judge and an attorney or a witness or the judge is in violation of the law.

thanks

thanks for the tip. yeah, ohio's taxes are due after the year. i did ask for the genuine original note in my answer to the bank's complaint.

Why are YOU paying the taxes?

The treasury will do that for you and discharge the entire debt "owed" on your house for free.

Just Because you

Just because you have not heard from anyone doesn't mean you are out of the woods. You need to check the "Official Record" sometimes lawyers (those sneaking b********) file papers at the courthouse and have it placed in the record. Then you could receive something in the mail and say - hey wait a minute, that wasn't suppose to happen. The clerk at the court tells you, they filed the papers on such and such a day see. How come I never got a copy - they said they sent it to you see - here it is. Then you say - well I never got it. You'll never win on that either because it is in the "Official Record". So here is what you might want to do.

1. Drive down to your courthouse.
2. Go to the civil division. (Have your case number with you)
3. Go in to the Official Records department and ask the clerk to see Case # and give her the case number. She'll ask for your name to be sure you have an interest in the case.
4. The last document recorded should be on top. Go through every paper in the file, write down a list of the documents and they will have a court stamp on each document.

Be sure the bank hasn't filed anything without telling you - they have a habit of doing that.

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

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

It is unlawful for the clerk to file any documents.

I checked: they have vacated the office. Unless of course you would prefer to not believe me and scamper down the rabbit hole Alice..

wolfe's picture

My girlfriend had that happen to her...

In her divorce... She caught it in time, luckily... But my point is that your advice is very sound...

Although the judge will give some leeway on that, especially if the lawyer can't produce a registered mail receipt.
_________
The Philosophy Of Liberty -
http://www.isil.org/resources/introduction.swf

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

Thanks Wolfe

Problem is the bank's lawyers may not record anything in the record until 2-3 days before court. Then they back date the document and that's why you have to look at the date and time stamp from the clerk. If the bank does that, then you have to buy a "Certified Copy" of their document to prove to the Judge they just filed the paper. If it were me, I'd check the record every 3 days and then the day before court and on the day of court. I'd show up for court and if the bank isn't there or has not filed any papers, I'd ask the judge to dismiss the case.

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

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

Nice job. I love success

Nice job. I love success stories like these. There should be a standard form for this procedure mailed by law with every letter of intent to foreclose by the bank with clear instructions on what to do. It is the least the banks should do, after all, we gave them trillions in bail out money

Today

Today marks three weeks since I filed my answer to the bank's complaint. Havnt heard from the bank or anyone since.

I have to send a notice

or take my lender to court soon - not sure just yet what to do myself. They now have said my foreclosure process is starting - they couldn't wait for me to start making money again.I think that since this is in Oregon I have to instigate a court date to ask for the note. Maybe I should start my own thread? - I need a lot of advice! Although it would be nice to have all the info here in one place LOL!

Did they offer you a loan modification package?

On December 1 a constable came to my door to serve me with a complaint. I've been sued by my mortgage servicer for Forcible Entry and Detainer, wherein an eviction and Writ of Possession are being sought. I had no idea what this was about, so I began researching and discovered that almost three months ago my mortgage servicer foreclosed on my home, sold it (back to itself) and is seeking eviction. I was unaware of any of this prior to December 1. I have no attorney (and don't want one).

My first eviction hearing was December 9, wherein I managed to get a continuance, which is something nearly impossible to do in eviction hearings in Texas. My next hearing was reset for tomorrow (technically, today, December 17). Opposing counsel was very aggressive and uncaring – at least until I filed an Affidavit of Material Fact stating, among other things, that after an adequate period of Discovery, the Plaintiff has not proven, and will not be able to prove, that it has ever offered me a loan modification package. The way this works is that the Plaintiff must prove my stated facts to be false. They must prove, beyond reasonable doubt, that they did offer me the package prior to foreclosure. If they fail to prove it, which they cannot, then the fact stands, and it creates problems for them. If they fail to answer or address the fact, then the court assumes acquiescence (admission to my allegation), which also creates problems for them.

See, I recently stumbled across recent legislation requiring lenders/mortgage companies to offer loan modification packages to people who are having trouble paying their mortgages. Although I have other grounds for my defense, amending my Affidavit of Material Fact to include this issue has caused opposing counsel to be much nicer and magically want to “work something out” all of the sudden, before the eviction hearing (I've refused). Opposing counsel is now seeking another continuance in the eviction hearing, to which I have objected. They do not want it to be made known in court record that they ignored legislation by failing to offer me the loan modification package. As I said, I do have other grounds for my defense, and was not extremely worried about the eviction hearing to begin with because I have other remedies available, but addressing the fact that they never offered me a loan modification package (and couldn't prove it even if they had offered it) has changed their attitude quite a lot.

I have also served the mortgage servicer with a Letter of Conditional Acceptance. This also cites my facts from the Affidavit, and tells the mortgage servicer that I will be glad to pay them and/or leave the property if they will prove that they ever actually lent me any money (they lent me credit – against the banking laws), that they are the entity with authority to demand payment or performance from me (by, among other things, producing the original, genuine promissory note, which they don't have), that they demonstrate how they will be injured if I do not repay them the money they demand (they got an investor to put the money up front, then used my note in securities, which means they were already paid in full before I ever even set foot in the house, and have likely been paid back 2x to 3x over at this point), and several other grounds. This Letter of Conditional Acceptance also works by acquiescence – where the mortgage servicer must produce the evidence I demand (thereby producing evidence against themselves, which will land them in some trouble) or ignore my letter, which to the court means that they do not have and cannot produce evidence that I demand to show they have a leg to stand on in their demands.

My advice is to research the legislation, and any riders in your state, requiring the lender to offer you a loan modification package. DO NOT mention it to them. Keep calling them, trying to work something out with them, asking what your options are, and giving them an opportunity to mention it to you. If you live in a “one-party” state with respect to FCC laws, record the conversations. Once you find yourself in court, God forbid it should come to that, then point out that the lender never offered you the package. Also, demand that they produce the “original, genuine promissory note”. If they cannot produce it, which is likely, then you raise an issue with the court that a liability is created for you because, if the lender cannot produce that note, then who knows who has it or how else it has been used in light of the shady/illegal mortgage and lending practices that pushed this country to the brink of economic collapse? You could lose your house, then whomever has the note could come back later and demand more money from you and take further action against you. Again, DO NOT mention the note until push comes to shove in a court room (which would be during the foreclosure hearing, if you live in a judicial foreclosure state). You do not want to show your hand before necessary.

You may not win, but there are remedies available to you, and worst case scenario is you can likely drag the process out for many, many months, giving yourself time to make alternate living arrangements (and not paying a monthly fee to stay where you are now). There are ways to do it in every state. Look up your property laws, code of civil procedure and mortgage/lending laws. Also look up the court structure in your state and find out if you live in a non-judicial foreclosure state (and what this means if you do not know). Do not mention or ask for a loan modification package, and hope that they do not offer one to you (at least in a way that they can prove beyond reasonable doubt). Hold onto this and spring it on them at the last minute, then file case in a higher court to challenge ownership rights to the property – by demanding that they produce the original note, that they prove they ever lent you money (not credit), and that they demonstrate how they will be damaged if you do not pay them. Also have a Letter of Conditional Acceptance ready, but, again, do not show your hand here until necessary. Trust me, they will slip everything in on you, piece by piece, at the last possible minute, when you have little or no time to react. You need to do the same.

In any case, your first order of business is to study and understand, for your state:

  • Court structure – in particular which courts have authority to rule on ownership versus possession.

  • Mortgage/lending laws.

  • Property laws.

  • Code of Civil Procedure.

  • Dispute remedies.



UPDATE: My eviction hearing is over. Case DISMISSED. Of course, that was one battle. The war continues; however, it is now me on the offensive. I'll be filing a District/County court suit shortly. Already the mortgage servicer is trying to work with me, to reverse the foreclosure and offer me a loan modification package with a 2% reduction in interest rate, a mortgage payment that is about half of what it used to be and forgiving all back payments. I have refused. They had their chance to play nicely and they passed it up a couple of months ago, when they tried to stab me in the back while I wasn't looking. They had a chance to work with me back in March, when I first called and asked for help. The only way they can challenge my suit in a higher court and prove their authority in connection with my home would require them to admit to some very seriously deceptive actions, which will land them in more trouble than my house is worth. They should have played nicely when they had the chance.


Special thanks to JuliusBragg! You guys can scoff at him all you like, but I can tell you from first-hand experience, the guy is a genius. :-)

Nice

Nice job!!! this is good stuff to hear. go after em!! you cant play nice with these parasites. good luck to you.

Echelon - thanks

for posting all that info!

I was offered a mod. - but did not qualify as I am self employed and my business went down the tubes recently. I told them I was getting a new job, but they couldn't wait. I hope I can get it together and screw Ocwen. They have a terrible record all over the country. But all I can do to speak with 'them' is call some operator in India.

Then go after the note.

They may try to provide a copy of the note, but several judges have ruled that some guy sitting at a screen, looking at an electronic copy of a note is not enough. If they don't have the original, genuine, wet-ink promissory note, then take them to task on it. But don't mention the note before court.


Also, find out if MERS (Mortgage Electronic Registration Systems, Inc.) is in any way involved in your mortgage. If so, look at the all law suits and rulings against them.

Hey has any one check into this???

I was looking into contracts-

When it comes to MERS- are they LACKING YOUR ELECTRONIC SIGNATURE?

I have done electronic signatures with - like for college-

You all know that without your signature of an electronic agreement- it should be considered a virus- lol.

United We Stand