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Aurora (my loan servicer) has amended it's Foreclosure complaint - Please help with any case law or how I can proceed

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

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Permalink Reply by Tami Smith on February 20, 2011 at 10:59am

Any specific reading or forms - there is sooooo much and I am overwhelmed. thanks more than I can say!!!

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Permalink Reply by dormanmom on February 18, 2011 at 8:11am

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.

HAVE FUN!

DMM

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Permalink Reply by Tami Smith on February 20, 2011 at 11:09am

I know no legal advice here. Any friendly pointers for any direction to go in is beyond words to express my gratitude. I am researching like crazy but I keep going back to lack of standing and supporting case law which so far the judge has ignored. Is there anything in your experience that may suggest any particular cases or forms for this new amendment? Our previous lawyer took the little money we had so I am now on my own. Perhaps the things I did before may now work with this new complaint. Also- haven't filed complaint with Attny. General yet- but plan to for TILA. I know without a doubt nothing you say would be legal advice just pondering the issues. Thanks, thanks, thanks!!! -tami

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Permalink Reply by sam palmer on April 29, 2011 at 2:42am

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 kensington.taylor@verizon.net 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

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Permalink Reply by Tami Smith on February 20, 2011 at 11:15am

Just wanted to add that I have filed motions with case law where any loan involving MERS (which ours certainly does) lacks standing to foreclose and the judge seems to keep ignoring it. I am in Collier Co. Florida the 20th judicial circuit and we recently had a case overturned see Aurora vs. Judith Mendes Da Costa case no: 09-142-CA. With this new amended complaint - I just don't know what it means or what to do next. Any help or forms you can direct me to would be much appreciated. I am ProSe (no money for attorney) and am doing this own my own. Do you have Joann Rein as a robo-signer by any chance. She works for Aurora and signed the transfer as a VP for MERS. I have a doc showing a stamp as her working for aurora and a seal as a VP for MERS. Shouldn't this be a big conflict of interests? Also- I know it is important that they did the assignment of mortgage before filing the foreclosure but although the dated the assignment weeks before filing the foreclosure the assignment and the foreclosure were recorded on the exact same date!!! All this is through Marshall Watson Lawyer so we know he is a huge scammer. Thanks again for any friendly sharing that is not legal advice :) tami

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Permalink Reply by Night_MERS2011 on April 14, 2011 at 10:37pm

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)

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Permalink Reply by bruja6kids on May 2, 2011 at 5:54am

hi Tami this is bruja6kids - I don't know that Jill and Joann are the same - but the Jill who signed the affidavit in my case is the managing attorney for the firm that is representing Wells Fargo in it's foreclosure attempt - and she swears the info on the affidavit is true BUT IT IS FALSE (Wells Frago is not the owner of the note by it's own admission). Jill here signed as a MERS officer - which means, according to MERS own rules, she must be an employee of the MERS member she is signing for. Some conflict of interest there, because she is either: signing as nominee on behalf of the original lender (who is not Wells Fargo, so it's a conflict of interest for her to represent Wells Fargo); or, she is signing on behalf of Wells Fargo, which means she is falsely implying that she is acting as nominee for the original lender and must be an employee. I know for a fact that she is not an employee of either, and she is, however, a vice chairmember of the Mortgage Banking Association, who is a a shareholder of MERSCORP, parent of MERS, and affiliated thus with shareholder Fannie Mae, who may actually own the loan. But, if Fannie does own the loan (I haven't received any response to letters to Fannie sent over the last 2 years), it means that the loan was NOT assigned to Wells Fargo from the original lender just before foreclosure was filed, as Jill swore under penalty of purjury to having personal knowledge of as a MERS officer; SO, there are at least 3 forms of fraud that Jill Rein may have committed in recording that affidavit after foreclosure was filed, and no chance of NO fraud. Wells filed this as evidence in Federal court to prove the assignment. Which means, Wells Fargo, the original lender, and all of thier attorneys (Jill Rein, esq. of Pierce & Associates AND Robert J. Emanuel of Deutsch, Levy, Engel (also a MBA chair and also working for Much, Shelist firm), and others in the case should know that an intentional fraud was committed upon the court solely to facilitate a foreclosure by the wrong party. If I choose to pursue this route, instead of the route I am now taking, someone could get disbarred, to say the least. A copy of the affidavit is posted somewhere here, if you want to see if sigs are the same - I have 5 years to pursue a fraud claim - in no hurry at this point, tolled for now :). Good luck!

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Permalink Reply by Pro se on May 4, 2011 at 4:52pm

https://ww3.freddiemac.com/corporate/

Try this link to find out!

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Permalink Reply by Becky Bodenstab on January 17, 2013 at 3:13am

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?

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Permalink Reply by Colby Rose on February 18, 2011 at 5:55pm

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.

http://livinglies.wordpress.com/2011/02/18/2-federal-judges-announc...

Per Neil Garfield:

"You will note that the pretender lenders are usually careful about saying they are the “holder” and not that they are the holder in due course and especially not that they are the owner of the note and never do they say they are the creditor. In short, they are playing words games with Judges who think they understand what is being represented and when the borrower’s attorney points out the discrepancy, the Judge views it as a technical matter that is meant to distract from the simple fact that the poor borrower hasn’t paid his debt —-

When in fact, the distraction has already occurred and a completely disinterested party is going to take the order of the Judge, even if it is just an order lifting the stay and use it in any further proceedings stating that the matter has already been litigated and decided against the borrower — despite the fact that there has never been any evidence introduced into the record, nor could there be, since there never was any evidential hearing or discovery.

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."

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Permalink Reply by Tami Smith on February 20, 2011 at 11:02am

Thanks so much to all who have replied to help me. I am overwhelmed and am researching- I just don't know exactly what this new amendment means and what type of forms I should use to challenge it. I have already filed for motion to dismiss for lack of standing along with MERS supporting case law but the judge has so far ignored it. Any suggestions of case law or if I should file the same forms again with this new admendment? I know no one can give legal advice just friendly suggestions are appreciated more than words can express. Thank you, Thank you, Thank you!!! -tami

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Permalink Reply by Pro se on February 19, 2011 at 10:25am

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

ARPAD