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 30, 2009 at 9:20pm

How to start defending yourself in a Judicial state Pro Se:

L. Fitzgerald, as quoted on ForeclosureDetonator.Wordpress.com

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Permalink Reply by EB on November 11, 2009 at 1:45pm

Bill could you send me a copy of that april Charney motion that you talked about in your blog
Thanks SD

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 Bill on November 11, 2009 at 5:20pm

SD - send me an email at Bill33437@aol.com and I'll send the PDF's via return email.

BIll

SD said:

Bill could you send me a copy of that april Charney motion that you talked about in your blog
Thanks SD

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 Arpad on November 12, 2009 at 11:46am

I just spoke with the FDLG, got the assistant to the attorney who signed the MSJ. Asked why they did not answered my requests for documents. She said they will ask for extension of time and comply with my request. Pretty funny....

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Permalink Reply by L on November 12, 2009 at 2:22pm

Wow Arpad! I'd write a letter to that attorney, with the time, date, assistant's name and what transpired and fax it to them and get a faxed image transmission confirmation.

GOOD JOB!

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Permalink Reply by EB on November 13, 2009 at 8:09am

Here is one to ponder; WAMU was the pretender lender on paper. Tried to modify with them for 10 months and they kept telling lies. By their own admission via tele conversations, they claimed that they are not the decession maker. Now as we know JPMorgan took over WAMU. Loan was in default before the take over.

Now guess who is the plaintiff on the complaint? You guessed it JPmorgen. Yes the lost note claim is on the complaint. We know JP is not the real party in interest, and there is no cause of action there.

Gets better, attached to the complaint which is before the court is a loan activity sheet. That sheet suggest that my loan was taken out 1950 by the way I was born eight years after that, and the loan was taken out 2007. I will be filing a motion to dismiss, their complaint and their ledger are in conflict. My concern is, should I highlight that fatal error in that motion or keep it in my back pocket for later when those jk..ASS file MSJ.

Any ideas on this one? I do understand that ideas are not legal advice.

By the way Lisa dam good letter. I am tempted to drive down your way to take a look at the Joseph Lents case. He has held off WAMU for six years in court. I do come that way sometimes, I will give you a link if I intend to. Keep up the good work. Knowledge is power! and David did kill Goliath with one simple stone.

SD

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Permalink Reply by alipav on April 28, 2012 at 11:07am

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

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Permalink Reply by Arpad on November 15, 2009 at 8:52pm

Case ID: 502008CA037322XXXXMB
Case Caption: INDYMAC FEDERAL BANK V ISRAEL A MACHADO
Division: AW - SASSER
Filing Date: Friday , November 21st, 2008
Court: CA - CIRCUIT CIVIL
Location: MB - MAIN BRANCH
Jury: N-Non Jury
Type: RF - REAL PROPERTY/FORECLOSURE
Status: PE - PENDING

Everyone needs to study this case here in PBC.

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Permalink Reply by EB on November 16, 2009 at 8:51am

Arpad do please send me an email to sirdallo1@gmail.com let me personally give you a call. have some questions for you.

Arpad said:

Case ID: 502008CA037322XXXXMB
Case Caption: INDYMAC FEDERAL BANK V ISRAEL A MACHADO
Division: AW - SASSER
Filing Date: Friday , November 21st, 2008
Court: CA - CIRCUIT CIVIL
Location: MB - MAIN BRANCH
Jury: N-Non Jury
Type: RF - REAL PROPERTY/FORECLOSURE
Status: PE - PENDING

Everyone needs to study this case here in PBC.

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Permalink Reply by Arpad on November 18, 2009 at 12:27pm

Some update here. Just got an answer from FDLG for my request for admissions.
Pretty lame, full of common objection, refering to lots of "trade secrets and confidential propietary information"

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Permalink Reply by J# on November 18, 2009 at 5:55pm

SD,
My lawyer got my case dismissed because Chase did not post a $100 bond. If they are not registered as doing business in Fl they have to post a bond for each case they file.

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Permalink Reply by EB on November 18, 2009 at 6:17pm

I did file a notice with the court and send a copy to the plaintiff's lawyers on monday we will see what happens. I guess I can assume that they are not registered as doing business in the state of Florida. I did check with the clerk and oe was not filed.

Thanks

james# said:

SD,
My lawyer got my case dismissed because Chase did not post a $100 bond. If they are not registered as doing business in Fl they have to post a bond for each case they file.