Supporting, Informing & Connecting People in Foreclosure
Hello Everyone! I am a ProSe litigant trying save my home of 15 years. I filed a motion to dismiss for lack of standing as this was an original Lehman Bros. loan which was transferred to Aurora by MERS in 2008 when filed the case. I have a hearing coming up on March 6th. They filed an amended complaint that says this:
1. On or about July 31,2008, Plaintiff filed the instant action to foreclose in that certain first mortgage etc..
2. The complaint requires clarification relative to the Plaintiff's standing to this action.
3. The Plaintiff (Aurora) is, and has been since prior to the commencement of this action, not the holder of the note, but is the servicer for the owner of the note and mortgage as well as the holder of the Note and was designated by the owner of the note to pursue this action to foreclose on the property in question.
4. This motion is not filed for the purpose of delay and will not prejudice any of the parties.
Thanks to anyone who takes the time to read this and can offer any suggestions. I can't afford an attorney and just recently started representing myself. Does the fact that they are admitting that they don't own the note and are acting as an agent for MERS mean we have a good chance? We live in Florida. The attorneys for Aurora are Marshall Watson and have been involved in very unethical practices. This whole thing has been a con job from the beginning as we all well know. Investors were bilked out of the pensions and we were too. We were bilked out of the equity and now our home.
Please help. Anyone's experiences that they are willing to share would be so appreciated. Let's stop these criminals! Thanks to all so much for this website and informing people like myself that we can fight. Blessings -tami
Not legal advice at alllllllll, but seems to me there might be grounds for a dismissal? You need to do a little research at your local law library, standing needs to be acquired BEFORE the suit was initiated, it cannot be corrected through amendment.
Hello Tammy, I RESPONDED TO YOU APRIL 18TH BUT MY EMAIL WAS WRONG. IF YOU STILL NEED HELP PLEASE EMAIL ME WITH YOUR PHONE NUMBER. IF I CAN HELP ANYONE ELSE PLEASE FEEL FREE TO EMAIL AS WELL. I'M not an attorney and I just do this to help others to get as far as I have gotten. I am also suing Aurora Loan Services, however, I am going through an Attorney here in California which is a Non-Judicial State and I just received my TRO/Injunction which will more than likely go until the end of trial or at the very least until further order of the Court. This was won in STATE Court not Federal. If you would like information, please contact me with your phone number at email@example.com and I will give you all the information that I can. Please give me a little bit about your situation. If you haven't done it yet, First, however, you need copies of all your documents from the County Recorder's office and you also need to try and find out whether your loan was securitized (which more than likely was) and the name of the Trust!! I will try and direct you as to where to find the information. If anyone else out there needs to talk, please send me an email with your phone number. Best to all, Sammy
Hi... just looking at some of the posts and I noticed you requested info on Joann Rein.
Well, there is another post from another person seeking info on a Jill Rein. HMMM, Jill Rein
is an attorney for Pierce and Associates (a foreclosure mill), a member of the Illinois Mortgage
Bankers Association, AND, and officer of MERS.!! What are the chances that Jill and Joann are actually the same person? I think maybe you should contact this person and compare signatures and notes!! Goodluck. Contact: bruja6kids (registered on this site)
Try this link to find out!
I am having some of the same issues with an assignment signed by Jill Rein on behalf od MERS. What state are you residing in?
Neil Garfield mentioned something on his website TODAY that I think is somewhat germaine to this issue. I will provide a snippit of what he had to say on the subject, but it would be worthwhile to read his whole post.
Per Neil Garfield:
Show me the note sounds good, but if they DO show it to you, even if your client is ready to admit it, do NOT allow it to be authenticated without being examined."
I have the same situation with Aurora and Lehman's. They did not file any amendment yet. The owner is FreddyMac. I bet that is the owner of your note to.
Please send me an email to : LECSO@BELLSOUTH.NET