Things I've learned...

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 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 Pro se 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 ali 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 Pro se 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 Pro se 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 Pro se on November 23, 2009 at 1:29pm

Lisa, what did we learn on Saturday at the seminar?

Arpad

for me: not that much!
But a had a plesure of meeting you!

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Permalink Reply by L on November 29, 2009 at 3:28am

• Mortagage Backed Securities an example Part I
• Mortgage Backed Securities an Example Part II

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Permalink Reply by Capt. Jack on December 4, 2009 at 9:18am

Hi all,

Just signed up and want to introduce myself. I live on the Treasure Coast and find myself fighting two foreclosures. 1 here in Florida and another in RI. So far, it's been nearly 6 months being served NODs on both properties. I managed to stop a foreclosure sale on the LAST day before the sale in RI by Right of Rescission notice, and emergency notice to dismiss with Lis Pendens indexed in the appropriate court.

I did the same thing in Florida. The silence since then has me concerned and I'm learning everything I can in preparation for what's coming next. I've yet to retain counsel and received advice by other thoughtful and kind Pro Se litigants. I am eager to share whatever I learn with others in the same position.

I would love to see others in the Treasure Coast area facing foreclosure unite and form teams that attend actual hearings to collectively observe and analyze what happens.

At this time I've got many more questions than answers but I maintain a true desire to fight back and hope to educate myself and contribute to the common cause.

Sincerely, Dave

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Permalink Reply by Ace on January 8, 2010 at 9:57pm

Found this there as well. Main page no less. Why? Assignment is what my next step concerns. I need to ask for the assignment from CWide to BoA to make next move. Lisa suggested, TY Lisa, that I should also go after the Argent/Ameriquest to CWide assignment? Again Ty you & Lisa.

Send me an email. I am REAL. We can talk. I will not leave my home w/o proof you own it.

FORECLOSURES

Mortgage Electronic Registration Systems, Inc. (“MERS”) is a proper party that can lawfully foreclose as the mortgagee and note-holder of a mortgage loan. MERS Membership Rule 8 provides required guidelines that must be followed when MERS is the foreclosing entity. Please click here to access the Rules of Membership, and reference the Rule 8 requirements.

In mortgage foreclosure cases, the plaintiff has standing as the holder of the note and the mortgage. When MERS forecloses, MERS is the mortgagee and it is the holder of the note because a MERS officer will be in possession of the original note endorsed in blank, which makes MERS a holder of the bearer paper. MERS will not foreclose unless the note is endorsed in blank and held by MERS.

The MERS Legal Primer provides a sampling of cases that address the standing of MERS to foreclose its mortgages. These cases are not meant to be an exhaustive list involving MERS but are merely to serve as a primer for the legal arguments.

Why blank assignments? To be able to sign later? Why? Does it Matter? I would like to know but I think not.

Please your thoughts?

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