Supporting, Informing & Connecting People in Foreclosure

A small victory

Citimortgage had me in court this morning for a summary judgment hearing. I'm continuing to defend pro se. The wife came with me to the courthouse and I hired a court reporter.

The attorney today was a different one than the one for my earlier hearings.(Joe Lopatka. He was there too today but not for my case.) This woman was not prepared. Missing the payment history, and the blank sheet where the signs her order. She was dismissive too of my defenses today. I came prepared to plead my case and had copies of everything and gave Judge Lewis whatever she requested. I'm still arguing CM doesn't have standing. The company I took the mortgage out with never did an assignment either. There's just 'an affidavit of lost assignment'. I cited last week's decision in Venture Holdings & Acquisitions Group, LLC v. A.I.M. Funding Group, LLC for the affidavit of lost assignment was done after CM filed suit.

I also argued SJ would be premature now since I'm eligible for the independent foreclosure review. The impression I got today is that Judge Lewis hadn't even heard about it till my case. I brought what I had on it and she read it.

To make a long story short. the MSJ was dismissed without prejudice while the issues I brought up are addressed. Judge Lewis did warn me that as it stands now, my arguments won't stop SJ. I'm going to serve CM with some more discovery and schedule depositions while the foreclosure review plays itself out.

One thing about Judge Lewis, who I'd never been before this day, she don't like BOA. She had harsh words about them in a case before me. The Judge said they refuse to talk to homeowners.

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Permalink Reply by ali on December 5, 2011 at 3:37pm

I'm so proud of you. I think I have evertthing I need to go pro se but I'm scared to death. Keep us informed, please. Best of luck to you and the MRS.

Ali

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Permalink Reply by Russell Murray on December 7, 2011 at 8:11pm

Well, that was a very great experience. Inspiring though.

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Permalink Reply by I Enjoy No Debt on February 9, 2012 at 10:49am

You need to get a mortgage audit and bring it to the court and show it to the judge...

http://www.foreclosurehamlet.org/forum/topics/danielle-sterling-ame...

I would definitely get someone to determine whether the bank has a right to your house and payment. I got a free mortgage audit from www.inspectoraudit.com These guys are awesome! I have not found anyone that will get this information for FREE to you, it helped me stop a foreclosure a few days before the sale. I am not usually a person to recommend someone, but I think in this case these people helped me and may help someone else who is in trouble when the bank is trying to steal their house. They will give you a FREE AUDIT!!!

When I got my mortgage audit back, I was STUNNED to find out that my Note had been sold into some kind of investment pool, and the bank did not have the right to continue to collect on me, much less foreclose on me. From what I understand that selling the notes into these pools is very complicated and I don't really understand it completely, except that the Note is no longer a Note, the bank cant claim it anymore as a Note, and the bank has already been paid for your mortage!. They try and steal your house after they have been paid for it!! I was upset when the bank started the foreclosure on me, now I am really upset for a different reason, because they are committing fraud on me.

MY FORECLOSURE HAS BEEN STOPPED DEAD IN ITS TRACKS!! The bank was committing fraud on me and trying to take my house and they cant now, I have a lawyer that is using the the audit I got from inspectoraudit.com and he is turning the tables on the bank. I love it and I feel so empowered now! Being on the offensive is much better than being on the defensive. Good Luck with everything!

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Permalink Reply by Rosa Silipo on June 7, 2012 at 10:54am

I have contacted inspector Audit and they advised me that there is a charge for a full audit on my mortgage with a signed Affidavit. Did you get the full Audit from them to use in court and was it free?

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Permalink Reply by I Enjoy No Debt on July 3, 2012 at 1:21pm

I have recently been informed that they are under investigation for producing audits with fraudulent notary seals on the affidavits. Apparently I was also stung by this. However, I am still in my home, although my sale date was last November.

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Permalink Reply by Linda Dale on April 11, 2012 at 3:17am

wow.That was really a great experience for you.

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Permalink Reply by saving my home in floridah on April 11, 2012 at 5:08pm

question bill, if you were dissmissed with out prejidice, would you not let it go until they refile. and they cant just refile and "file an assignment" all of the sudden. the case gets retro beack to the original service, they have prove standing to refile again. i think you can just live. some hamlters have been post sj without prel. for years!!! what a great win. i am so proud. in limbo waiting for my MTD

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Permalink Reply by mustang on May 8, 2012 at 12:25pm

Thanks for the inspiring esperience. I am defending myself with the aid of Legal aid of Florida. My case has been ongoing for two and a half years now. BAC has not gone for Sumary Judgement as yet but they called a hearing to hear my defences and it went well for me. I need to know what an independent foreclosure review is and how to obtain it. Thanks