Foreclosure Hamlet

Supporting, Informing & Connecting People in Foreclosure

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 

Views: 1524

Reply to This

Replies to This Discussion

I'm in the SAME Boat!!  I have Aurora and Marshall Watson and just got an amended complaint with the same exact wording.  You can email me if you want.  ssuzy990@aol.com

Hello Tammy,

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 kiensington.taylor@verizon.net and I will give you all the information that I can.  First, however, you need copies of all your documents from the County Recorder's office and you also need to find out whether your loan was securitized (which is 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 Tammy, I just read your message. What is your status now? I got an amended complaint from Aurora and just filed a "Motion to Dismiss for fraud on the court" First they said they owned the note now they say they are just the servicer.  email me at,  summersville@crawler.com

RSS

Videos

  • Add Videos
  • View All

Hamlet Stats





Visits
since 12/21/2009

Music

Loading…

© 2014   Created by Admin.   Powered by

Badges  |  Report an Issue  |  Terms of Service