Supporting, Informing & Connecting People in Foreclosure

Things I've learned...

Share the things you've learned through your process here...

Replies to This Discussion

Permalink Reply by L on October 17, 2009 at 9:35pm

MERS, RJ Arnold's magnificant contribution to Mortgage Backed Securities and the resulting detonated bomb upon the global economy.

MERS Look Up Tool an often unreliable tool, where grateful mortagors can happily find the information they might need in the face of unfortunate life circumstances which may lead to the state of homelessness.

This tool works best with the actual MIN number. If you happen to still be on cordial terms with you loan servicer, by all means, call them now and ask for your MIN number. Use this tool to look up your mortgage and take a screen shot as the info is subject to change. Sometimes this number is also on the front of the mortgage papers which are filed in the public official records in each county's online records.

An 80/20 loan could will have two MIN numbers if both were registered with MERS. I don't know how many or what percentage of loans were registered with MERS, but I'm going to guess it's most of them.

A sarh of MERS on the LivingLies.Wordpress blog will reveal a wealth of infomration and court rulings.

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Permalink Reply by Ace on January 8, 2010 at 9:13pm

Process Loans Not Paperwork
Just like MC. PRICELESS

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Permalink Reply by L on October 17, 2009 at 10:06pm

To continue: If you don't have the MIN number, try looking up by various different look up methods. Even then a loan known to be loaded, like ammo into the MERS cannon to be shot into the world of securitization leaving only the gun manners alive & all others DOA, might not come up in the search tool.

If it does though, sometimes interesting things pop up, like strange unknown names who the mortgagor has never encountered, paid, or been made aware of as a party to their loan.

Ah, Sherlock, where are you when we need you most?

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Permalink Reply by Bill on October 19, 2009 at 10:37am

First, question everything, every piece of paper that is sent to you. Any mistake can be useful.

In my case, I was able to make a motion to dismiss based on over 120 days between filing the foreclosure suit and being served. I made the motion in Dec 07. Since the judge hasn't ruled on it yet. The case is in limbo (very good for me).

Since the filing, I've done a ton of research on Florida foreclosures and have found that in general the lenders attorneys are very sloppy. I'm being sued by someone (Deutche bank as Trustee...) that doesn't even own the mortgage. As soon as the judge lets the case continue, I'll bring up that issue and stall some more. FYI, there is an excellent Motion to Dismiss by April Charney that addresses the wrong lender issue. If anyone needs it, send me a note & I'll forward the link to you.

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Permalink Reply by Arpad on October 19, 2009 at 4:35pm

Hi Bill,
I think it is very important to have an object or goal in your mind when you fight foreclosure. For most of us it is to gain time and delay the action. So, you doing very well. I have 3 investment properties in foreclosure, so have have my hands full. One think i noticed after checking several hundreds of filing in PBC, that each law firm moves in different pace. Some are more aggressive than others. Some are faster than others....My brother has his house in foreclosure over a year and the plaintiff has not moved since he filed an answer. Nothing.

Bill said:

First, question everything, every piece of paper that is sent to you. Any mistake can be useful.

In my case, I was able to make a motion to dismiss based on over 120 days between filing the foreclosure suit and being served. I made the motion in Dec 07. Since the judge hasn't ruled on it yet. The case is in limbo (very good for me).

Since the filing, I've done a ton of research on Florida foreclosures and have found that in general the lenders attorneys are very sloppy. I'm being sued by someone (Deutche bank as Trustee...) that doesn't even own the mortgage. As soon as the judge lets the case continue, I'll bring up that issue and stall some more. FYI, there is an excellent Motion to Dismiss by April Charney that addresses the wrong lender issue. If anyone needs it, send me a note & I'll forward the link to you.

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Permalink Reply by L on October 20, 2009 at 5:40pm

Don't reinvent the wheel; instead improve upon it!

Peruse your local newspaper, eyeball billboards, look at buses, watch local T.V. news, all in the name of learning of local foreclosure defense attorneys. Also, google your local legal aid office, call them to get the names of the attorneys working on foreclosures.

Now, look up those attorneys cases via the online docket search engine for your county. Find cases where there's been a lot of action. Write down the case numbers. Especially look for cases against the same bank as is your adversary. Those will be extremely helpful!

I found several attorneys advertising "foreclosure defense" did not have even one single case in current litigation! Now, COME ON! Obviously, these attorneys were loan modification and/or short sales pushers, but probably did not inform their paying clients of their bias and lack of knowledge/experience.

One such attorney I, myself, had contacted just after I was served. Not one single case. Not one! He is charging retainers of 10% of the outstanding mortgage (How fair is that fee structure?) to "start the foreclosure defense process". I left his office in tears, after being treated with a tempered disdain over my insistance on lifting a defense.

I smirked when I realized that I am helping more people litigate foreclosure cases than he is!

Now, unless those docket filings are available online (which they aren't in my county), you've got to schedule some time to go to the courthouse. You'll want to bring your ID and prepare to go through security. Bring a notepad and a laptop if you have one. Take change for the parking meters. Bring some cash to pay for copies, which can run up to a dollar per page.

Then, go in to the file room for civil actions, and make yourself comfy. Settle in for a study session.

Don't just look at one attorney's filings. Read lots of the same type of Motions or Answers or Production Requests, etc.

It took me months to figure this system out. Sounds so simple but I guess I'm not so quick on the uptake, forced to figure it out piece by piece over many visits to the courthouse.

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Permalink Reply by Arpad on October 20, 2009 at 6:03pm

Lisa,
Which courthouse you are going to? I go to here in Delray Beach, i think here you can look up cases, but only docketing. I do not think you can read the actual filing.

Lisa E. said:

Don't reinvent the wheel; instead improve upon it!

Peruse your local newspaper, eyeball billboards, look at buses, watch local T.V. news, all in the name of learning of local foreclosure defense attorneys. Also, google your local legal aid office, call them to get the names of the attorneys working on foreclosures.

Now, look up those attorneys cases via the online docket search engine for your county. Find cases where there's been a lot of action. Write down the case numbers. Especially look for cases against the same bank as is your adversary. Those will be extremely helpful!

I found several attorneys advertising "foreclosure defense" did not have even one single case in current litigation! Now, COME ON! Obviously, these attorneys were loan modification and/or short sales pushers, but probably did not inform their paying clients of their bias and lack of knowledge/experience.

One such attorney I, myself, had contacted just after I was served. Not one single case. Not one! He is charging retainers of 10% of the outstanding mortgage (How fair is that fee structure?) to "start the foreclosure defense process". I left his office in tears, after being treated with a tempered disdain over my insistance on lifting a defense.

I smirked when I realized that I am helping more people litigate foreclosure cases than he is!

Now, unless those docket filings are available online (which they aren't in my county), you've got to schedule some time to go to the courthouse. You'll want to bring your ID and prepare to go through security. Bring a notepad and a laptop if you have one. Take change for the parking meters. Bring some cash to pay for copies, which can run up to a dollar per page.

Then, go in to the file room for civil actions, and make yourself comfy. Settle in for a study session.

Don't just look at one attorney's filings. Read lots of the same type of Motions or Answers or Production Requests, etc.

It took me months to figure this system out. Sounds so simple but I guess I'm not so quick on the uptake, forced to figure it out piece by piece over many visits to the courthouse.

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Permalink Reply by Arpad on October 23, 2009 at 10:52am

Well, i hope this side does pick up.....
Anyway, i have learned, that if you start to fight and start to look at documents soon or latter you will find something that migh help in your court case. Just happened to me yesterday.

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Permalink Reply by L on October 23, 2009 at 12:31pm

Get yourself down to the courthouse and look at the file, page by page.

I've just discovered things in the file that were attached to Plaintiff's pleadings but were not attached to the documents I was sent.

I also found some lines on the "copy of the note" have white out applied. Yes, on copies submitted to the court, there is actual lines of white out tape, that is easily felt by running one's fingers over the whited out area.

Very strange.

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Permalink Reply by Arpad on October 23, 2009 at 12:34pm

In WPB? Or where?

Lisa E. said:

Get yourself down to the courthouse and look at the file, page by page.

I've just discovered things in the file that were attached to Plaintiff's pleadings but were not attached to the documents I was sent.

I also found some lines on the "copy of the note" have white out applied. Yes, on copies submitted to the court, there is actual lines of white out tape, that is easily felt by running one's fingers over the whited out area.

Very strange.

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Permalink Reply by Bill on October 29, 2009 at 12:22am

Arpad:

In Palm Beach County go to West palm. They have the actual files. They are free to look at but $1.00/page to copy.

Arpad said:

In WPB? Or where?

Lisa E. said:
Get yourself down to the courthouse and look at the file, page by page.

I've just discovered things in the file that were attached to Plaintiff's pleadings but were not attached to the documents I was sent.

I also found some lines on the "copy of the note" have white out applied. Yes, on copies submitted to the court, there is actual lines of white out tape, that is easily felt by running one's fingers over the whited out area.

Very strange.