Supporting, Informing & Connecting People in Foreclosure
Happens every day !
You can file a Motion to OPPOSE
well it happen to me and of course was never notified until RJI 18 months later ..and new attorneys appear..course ..they were picking up after the notorious Steven Baum
Change of Plaintiff or Change of Attorney/LAW firm? If is is the 1st they are doing that with me. I am looking up things now. I have a hearing end of Feb., so if I hear or experience anything that will be of help to you I will forward it.
Who was the first Plaintiff & is MERS involved?
well I had both change of plantiff but currenyt plantiff using the Foreclosure index filed by previous plantiff and change of attorney due to Baum being a crook.. they soaked me for 24 thousand in interest and attorney fees from the take over and through settlement conf.6/10/10 through 9/1/12
The plantiff was Elizon MP Mrtgage LLC ( but not original lender that was Aames Funding) it was in a securitized trust and then removed and sold to Deutcshe Bank. they sold to Ellington , then Ellington to Elizon and then now with new plantiff. As far as MERS I cannot find them involved other than the first assignment appears to be a MERS agent from Countrywide signing as VP for Aames funding to Deutsche which was no longer a party after securitization. The assignment was filed 5 years after the fact . It's a hot mess. I REFUSE to walk away..but the stress is taking it's toll on me.. I can't afford a lawyer so I am fighting pro se .I have filed Bankruptcy Chapter 13 and I'll continuing fighting using the aid of the Federal Courts.
See, change of attorney happens all the time. However, a opppps we have the wrong Plaintiff not so often.
They don't know who owns what. Here is what little I found.
It depends on whether the 'other owner' was named as a defendant in the first complaint and order of dismissal, and whether their name is on the original deed of trust. And you didn't say whether the first complaint was dismissed with prejudice or not.
A good attorney would likely plead res judicata if other party was known at time of first complaint because they were on DOT. No further analysis until you answer questions above. Better yet, post it on YOUR blog and reply to this with a link to your post. That way you can fill in your case particulars and keep us from playing 20 Questions.
I need help. I am in foreclosure since 2008, I went into default in 2007, foreclosure case filed -3-2008. They are just now trying to get summary judgement. Does statue of limitations apply here.