Supporting, Informing & Connecting People in Foreclosure
Bill could you send me a copy of that april Charney motion that you talked about in your blog
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.
I found a copy of my credit report from a self proclaimed subprime credit report co. called Kroll's Factual Data, there I found that "The First Mortgage Corp", who was sopposed to be our mtg broker Took out 3, yes 3 loans including a VA loan. Upon further research I found out that was what the FBI called "Shotgunning" per Wikipedia that's when someone takes out mulible loans on one property, it is against the law but just try to get someone to take a complaint, they won't! The VA is uncooperative and is the only one I can't get paperwork from, but assures me over the phone that loan was "paid in full" and we were in good standing with them. Then while research the history of ownership of our property at the Recorders office I found out that there wasn't even a clear title at the time of closing and there was no clear title since the early 90's. Property was the the subject of much "property flipping schemes, and then yhe puzzel pieces started falling into place, like mail for previous owners still coming to this address, investment news letters from utility compamies, thank God I saved much of that because it gave me clues as to what in the hell happened to this house