Update: I go to court today to keep my house, suggestionsSubmitted by Brian Frank on Tue, 02/12/2013 - 12:15
wish me luck.
The reason I am going to court is because I filed a Motion to Dismiss. I am going through a Foreclosure and the bank sent me a letter a while back stating that they are the servicer and Fannie Mae is the invester/holder of the note. Under Federal Rules of Civil Procedure Title 17 and the SC Code of Laws it states that an action must be brought forth by the holder in due course. I fully accept the admission and confession of the Bank that they are not the holder in due course.
So wish me luck, at least the Judge is hearing my motion!
Update: The "judge," Master in Equity, decided not to hear my Motion today and set a final hearing for the 22nd of March. He said he will hear it then. The "judge" is appointed by the Clerk of Court, he is a lawer in town and my hearing was in his Law office!
I filed another Motion to Dismiss as soon as I got out. This motion to dismiss is based on the UCC-1 filed with the SC Sec. of State stating that my house has been paid, discharged and satisfied!