Defense Strategies

Replies to This Discussion

Permalink Reply by L on October 30, 2009 at 10:18pm

Wonderful starting place! The Foreclosure Detonator!

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Permalink Reply by J# on October 31, 2009 at 11:50am

I have no strategy. I have a lawyer.
My lawyer rarely returns phone calls or answers emails.
I read the Livinglies blogs everyday, it's like drinking from a fire hose. It has been a year since I stopped paying my mortgage. Every time I want to move the process forward my lawyer says "you are living in your house for free just save your money." I take his advise and just sit in limbo.
What bothers me is I am not sure if he is motivated to learn everything needed to defend my case. I am sure he is a good lawyer, he knows the law and procedures. He has been specializing in land law for six years and has only lost one case, last week, which was with a rocket docket Judge that did obscene and illegal things regarding the case.
At the rate things are going it looks like another year before anything meaningful happens. The last thing that happened is the Judge threw out the case and gave the Plaintiff 20 days to appeal, the Judge has yet to issue the order to amend, that was over a month and a half ago.

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Permalink Reply by Pro se on November 4, 2009 at 4:38pm

Just received a motion for summary judgment from the HSBC's attorney.( FDLG) They never answered my discovery motions, and they claim that my affirmative defenses are "legally insufficient" . They also claim they will have the original note at the hearing. Wondering if they are bluffing?
Any input Guys?

Arpad

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Permalink Reply by Bill on November 9, 2009 at 4:43pm

Arpad:

Time to do some work. Very important hearing. A couple of thoughts - remember I'm not an attorney and none of this is legal advice only my opinion.

You should file a memorandum in opposition to Summary Judgement. In it reiterate any complaints you have. In particular mention that you are at a disadvantage because of the non-filing of your discovery requests. You could also file a motion to compel discovery (if it has been more than 30 days since your request.

Also make sure that the HSBC owns your note.

Arpad said:

Just received a motion for summary judgment from the HSBC's attorney.( FDLG) They never answered my discovery motions, and they claim that my affirmative defenses are "legally insufficient" . They also claim they will have the original note at the hearing. Wondering if they are bluffing?
Any input Guys?

Arpad

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Permalink Reply by L on November 10, 2009 at 6:14am

Hi Arpad,

Have you viewed your file personally? If not, high tail it down to court ASAP!

Every time I look at my file at the courthouse, there's a new "love letter" from Plaintiff to the Court, from which I was excluded!

My file has THREE "copies" of the same original note. They all differ from one another. One even has some white out strips on it! I would not have known that without playing detective.

I'll look through my files and see if I have anything of interest to upload here.

My recommendation would be to file a RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT and an immediate MOTION TO COMPEL (which can probably be done Ex Parte since they didn't respond at all to your discovery requests).

I'm pretty much in the same boat except my Plaintiff did respond to discovery with a great big kiss off. Therefore, ex parte Motion to Compel is not an option for me.

Arpad, find your court's website and review the ADMINISTRATIVE ORDERS regarding Motion to Compel when Plaintiff has not filed any response at all. Better yet, call the clerk of the foreclosure judge and ask if there is an ADMINISTRATIVE ORDER for foreclosures and/or Motion to Compel.

Here's one for St. Lucie County, from 1994. (see #3). A quick call to the clerk will inform you if it's still active. You could find the same for your county.

Remember, this is what I am doing in my own case. I'm not an attorney and could be totally off base!

GOOD LUCK!

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Permalink Reply by Pro se on November 10, 2009 at 12:59pm

Hi Lisa,
Are you going to the West Palm Beach courthouse this week?
I have not been there, because i can file everything here in Delray Beach.
Were do you go, what room to see the files?

Arpad

Lisa E. said:

Hi Arpad,

Have you viewed your file personally? If not, high tail it down to court ASAP!

Every time I look at my file at the courthouse, there's a new "love letter" from Plaintiff to the Court, from which I was excluded!

My file has THREE "copies" of the same original note. They all differ from one another. One even has some white out strips on it! I would not have known that without playing detective.

I'll look through my files and see if I have anything of interest to upload here.

My recommendation would be to file a RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT and an immediate MOTION TO COMPEL (which can probably be done Ex Parte since they didn't respond at all to your discovery requests).

I'm pretty much in the same boat except my Plaintiff did respond to discovery with a great big kiss off. Therefore, ex parte Motion to Compel is not an option for me.

Arpad, find your court's website and review the ADMINISTRATIVE ORDERS regarding Motion to Compel when Plaintiff has not filed any response at all. Better yet, call the clerk of the foreclosure judge and ask if there is an ADMINISTRATIVE ORDER for foreclosures and/or Motion to Compel.

Here's one for St. Lucie County, from 1994. (see #3). A quick call to the clerk will inform you if it's still active. You could find the same for your county.

Remember, this is what I am doing in my own case. I'm not an attorney and could be totally off base!

GOOD LUCK!

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Permalink Reply by Bill on November 10, 2009 at 1:41pm

Arpad:

I should be in the courthouse later this week. If I can help let me know. FYI, the records are on the 3rd floor(I think). You need a license to view the files. They charge $1./page to copy so I read first and copy only the ones I need. FYI, the PLaintiff is REQUIRED to send you any pleadings. When I don't get them I send them a REQUEST for PLEADINGs and copy the court. Basically putting them on notice they I expect to get everything. Also saves me the $1./page.

The courthouse is a great place to look at other files. You may be interested in the Joseph lents case. Serach it on the public records to get the case number. Mr lents has been in foreclosure for over 5 years and is still in the house.

Good Luck.

Bill

Arpad said:

Hi Lisa,
Are you going to the West Palm Beach courthouse this week?
I have not been there, because i can file everything here in Delray Beach.
Were do you go, what room to see the files?

Arpad

Lisa E. said:

Hi Arpad,

Have you viewed your file personally? If not, high tail it down to court ASAP!

Every time I look at my file at the courthouse, there's a new "love letter" from Plaintiff to the Court, from which I was excluded!

My file has THREE "copies" of the same original note. They all differ from one another. One even has some white out strips on it! I would not have known that without playing detective.

I'll look through my files and see if I have anything of interest to upload here.

My recommendation would be to file a RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT and an immediate MOTION TO COMPEL (which can probably be done Ex Parte since they didn't respond at all to your discovery requests).

I'm pretty much in the same boat except my Plaintiff did respond to discovery with a great big kiss off. Therefore, ex parte Motion to Compel is not an option for me.

Arpad, find your court's website and review the ADMINISTRATIVE ORDERS regarding Motion to Compel when Plaintiff has not filed any response at all. Better yet, call the clerk of the foreclosure judge and ask if there is an ADMINISTRATIVE ORDER for foreclosures and/or Motion to Compel.

Here's one for St. Lucie County, from 1994. (see #3). A quick call to the clerk will inform you if it's still active. You could find the same for your county.

Remember, this is what I am doing in my own case. I'm not an attorney and could be totally off base!

GOOD LUCK!

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Permalink Reply by Pro se on November 10, 2009 at 2:08pm

BILL,
CAN YOU SEND ME AN EMAIL TO LECSO@BELLSOUTH.NET PLEASE.

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Permalink Reply by PowerPolitics on November 10, 2009 at 6:43pm

My first strategy would be to get rid of the lawyer! If you don't know why, look up "In Propria Persona" in Black's Law Dictionary.
One party moves for Summary Judgment when they believe that there is no genuine issue as to any material fact.
The opposition to the motion must contain a paper that states the issues (facts) that are not agreed to by the defendant.
My first challenge would be to their attorney having standing to sue in this case because he is presuming that his client, the bank, has a cause of action or is entitled to foreclose. When in fact, the plaintiff, the bank, failed to state a cause of action in the complaint and therefore, the attorney has no standing! They have already been paid!
Another issue, is that the plaintiff failed to state a claim upon which the court can grant relief. Again, what was the banks cause of action. Do they have the title? Are they suing on the note? (contract). If they are, then I would tell the bank that I would give them the property back if they return the note to me. You know why? The note is worth more than the property!!!
Just like any transaction we make at any store. We give them the note(s) (federal reserve note) and they give us the property. When we return the property, they give us back the note(s).
If you can't figure out how to go back and challenge the cause of action as it should have been done before the answer or in the answer, you can still create issues that will stop the summary judgment. One issue is whether the note has been discharged already or not. Look at the facts that are alleged in their complaint and take issue with those. As soon as you create an issue, of fact, they cannot get summary judgment.
The original note is the money! (make sure to see the blue ink original with no alterations) It has already paid for the property. The monthly payments and interest are voluntary and are not included in the principle. So what grounds does the bank have to sue?

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Permalink Reply by EB on November 11, 2009 at 2:38pm

do you have those arguements in a motion format? would love to take a look at it. Yes I am also facing the dragons.

PowerPolitics said:

My first strategy would be to get rid of the lawyer! If you don't know why, look up "In Propria Persona" in Black's Law Dictionary.
One party moves for Summary Judgment when they believe that there is no genuine issue as to any material fact.
The opposition to the motion must contain a paper that states the issues (facts) that are not agreed to by the defendant.
My first challenge would be to their attorney having standing to sue in this case because he is presuming that his client, the bank, has a cause of action or is entitled to foreclose. When in fact, the plaintiff, the bank, failed to state a cause of action in the complaint and therefore, the attorney has no standing! They have already been paid!
Another issue, is that the plaintiff failed to state a claim upon which the court can grant relief. Again, what was the banks cause of action. Do they have the title? Are they suing on the note? (contract). If they are, then I would tell the bank that I would give them the property back if they return the note to me. You know why? The note is worth more than the property!!!
Just like any transaction we make at any store. We give them the note(s) (federal reserve note) and they give us the property. When we return the property, they give us back the note(s).
If you can't figure out how to go back and challenge the cause of action as it should have been done before the answer or in the answer, you can still create issues that will stop the summary judgment. One issue is whether the note has been discharged already or not. Look at the facts that are alleged in their complaint and take issue with those. As soon as you create an issue, of fact, they cannot get summary judgment.
The original note is the money! (make sure to see the blue ink original with no alterations) It has already paid for the property. The monthly payments and interest are voluntary and are not included in the principle. So what grounds does the bank have to sue?

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Permalink Reply by Pro se on November 12, 2009 at 11:12am

Anybody here from Palm Beach county signed up for the court's web side?
I guess u have to register.

Arpad

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Permalink Reply by L on November 27, 2009 at 11:46pm

What we are up against.

A Florida Case

I'm pretty tired, so maybe I got this all mixed up. Looks like a homeowner had a terrible lawyer and lost his house in Circuit court, which was upheld on appeal where he apparently had a better attorney who raised the post-dated assignment issues and also raised for the first time the issues of fraud & securitization standing.

Then, he took his case up to the FL Supreme Court where the following two links show attorney for homeowner's petition and then Plaintiff's counsel Law Office of Marshall Watson's (foreclosure mill attorney) response.

The FL Supreme Court refused to hear this case due to lack of jurisdiction (to the best of my ability to figure out why there was no FL Supreme Court opinion was written).

I plan on reading these carefully and then pulling out the case law to study. Hmmmm, perhaps we could start a chat or teleconference study group? Wonder if any one would be interested in that?

Homeowner's Attorney's Petition to the FL Supreme Court

Plaintiff's Foreclosure Mill Attorney's Response

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