Validation of debt

Replies to This Discussion

Permalink Reply by L on November 15, 2009 at 10:14am

Legally? Yes, but only under intense scrutiny regarding the alleged possession and subsequent loss of said note and assurance no other party will come knocking to collect on the self-same note (two criteria most often disregarded). See FL Stat §673.3091

YOU, and hopefully your attorney, must insist on this scrutiny in the form of discovery and depositions.

Keep posting questions. Read your Plaintiff's filings. Talk about where you are in your case, what you've filed. Ask for advice. Listen and read. Keep an open mind.

Don't give up.

Know you are not alone.

Make connections with others who can help you.

Good luck you you Kevin!

P.S. Disclaimer: I am not an attorney. This is only my own experience, not legal advice.

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Permalink Reply by kevin lilly on July 2, 2012 at 5:05pm

It's been a wild trip so far. Citi is flying in a corporate rep for me to depose. Also deposing the infamous Elsa McKinnon robo on the ASG which was notarized 6 months into the future. I've found so much more fraud in my case. The NOTE has two different addresses on it. I can't wait to salt citi the 160 questions about our alleged loan. I'll update later.

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Permalink Reply by kevin lilly on November 15, 2009 at 10:18am

where do I view the plaintiffs filings.

Lisa E. said:

Legally? Yes, but only under intense scrutiny (a criteria most often disregarded).

YOU, and hopefully your attorney, must insist on this scrutiny in the form of discovery and depositions.

Keep posting questions. Read your Plaintiff's filings. Talk about where you are in your case, what you've filed. Ask for advice. Listen and read. Keep an open mind.

Don't give up.

Know you are not alone.

Make connections with others who can help you.

Good luck you you Kevin!

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Permalink Reply by L on November 15, 2009 at 10:39am

It's what your Plaintiff filed in the complaint and other court documents for your case. You, or your attorney, are supposed to get a copy of everything (a requirement often disregarded by foreclosure mill attorneys). You can go to the file room of your courthouse and ask to look at your file (you may need your driver's license).

And, I forgot to say, don't worry too much about that "lost note"! Somehow, they can be produced (read: created) out of thin air if push comes to shove. The "lost note" claim is just a quick way to get the case filed and the foreclosure done in the 86+% of cases that are not contested. In contested cases, ~~~sigh~~~ poor Plaintiff has to produce (read: create) that note, such a bore, before the house can be confiscated.

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Permalink Reply by kevin lilly on November 15, 2009 at 10:46am

I have that copy of there filings. But I guess from what I;ve been reding and hearing is that if they can't validate the debt by producing the original wet ink note, then they don't have authority to demand payment. If a copy was allowed, then ANYONE could demand payment. My friend in CLT is going through this very thing. I have submitted (2) Respa requests to the mortgage comapny and there attys with no response as well as cease and desist letters. My understanding of the law is that UCC law requires that they must produce an original note when asked by the borrower fro validation of debt even before final payment.

Lisa E. said:

It's what your Plaintiff filed in the complaint and other court documents for your case. You, or your attorney, are supposed to get a copy of everything (a requirement often disregarded by foreclosure mill attorneys). You can go to the file room of your courthouse and ask to look at your file (you may need your driver's license).

And, I forgot to say, don't worry too much about that "lost note"! Somehow, they can be produced (read: created) out of thin air if push comes to shove. The "lost note" claim is just a quick way to get the case filed and the foreclosure done in the 86+% of cases that are not contested. In contested cases, ~~~sigh~~~ poor Plaintiff has to produce (read: create) that note, such a bore, before the house can be confiscated.

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Permalink Reply by L on November 15, 2009 at 11:16am

That's the point. They'll miraculously find that note if your foreclosure is being held up due to the "No Note" defense. Then you've got to hire a forensic document examiner.

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Permalink Reply by kevin lilly on November 15, 2009 at 11:21am

Lisa they don;t have it. they have only a copy. Should plam beach county records show where the loan was transferred to another entity who is now servicing the loan, And they will not be able to pass a forsenics test, therefore, won't it be dismissed?

Lisa E. said:

That's the point. They'll miraculously find that note if your foreclosure is being held up due to the "No Note" defense. Then you've got to hire a forensic document examiner.

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Permalink Reply by stopGOVTwaste on December 31, 2009 at 1:28am

Is it Kevin and Renee in Wellington... Homebanc Mortgage? Public record does not show any assignments, was your loan assigned?

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Permalink Reply by kevin lilly on July 23, 2010 at 2:07pm

CITI was never assigned per the court record. there name is not on one piece of paper except the lis pendens. lender even fired 1st law firm because they stated in an affidavit to the supreme court that they can't vaildate any foreclosure under penalty of perjury. See Shapiro and Fishmans response to Supreme court new rule March 15... still have them on the ropes since last year.

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Permalink Reply by L on November 17, 2009 at 5:31pm

Haste Makes Waste Foreclosure Study of "Incomplete Documentation" of Sarasota County, Florida Foreclosure Cases.

See Link or attached.

Attachments:

• Haste%20Makes%20Waste_Draft_Recommendation.pdf, 63 KB

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Permalink Reply by Pro se on November 18, 2009 at 12:12pm

Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b)

I sent the plaintiff's attorney a validation request on sep.23 2009. No answer yet. Can i use this for anything? I mean do they have to answer in some time frame, and if they do not, what can i do?

Arpad

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Permalink Reply by Daniel Edstrom on December 30, 2009 at 5:45pm

This will not stop them. It is just another violation (added to many others) that you will have to sue them for. The FDCPA violations are typically $1,000 to a couple of thousand dollars (plus you can usually get attorneys fees). This has more teethe if attorneys violated this as they will not want to be found guilty of a violation (I think they could lose their attorneys license?). Plus they get around it (or try to) by sending you some info (not verification under oath). While this is bad news, the good news is that you can sue and include this cause of action. You may lose the case (and your house), but you may win on the FDCPA violation and may be able to collect attorneys fees anyway.

Thanks,
Dan Edstrom
dmedstrom@hotmail.com

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