Supporting, Informing & Connecting People in Foreclosure
Did you get an answer to your question? I am wondering the same. I've found the courts swing both ways on this issue. Some feel the date of the endorsement is enough for the validated complaint, others read the rule differently.
all the banks are doing that. what the problem is, it is up to you as a pro se or a lawyer to bring this to the judges attention. if you are writing up your motion to dissmiss it would include that the bank foreclosing has no standing. the problem is , it is up to the judge to call it "perjury". in florida ( i am in the tampa bay area) we are dealing with pensions tied to these Mortgage backed securities. the judges are reluctant to rule perjury. they dissmiss cases with prejidice, which means the bank can re file the lawsuit at any time. in my case i have no assignment but have a documented letter whom my investor is. so basically my foreclosure is perjury to. but i heard the judges in my county are tuff. so i sit and wait to see how the judge will rule on my motion to dissmiss. hope you can get some other pro se's to join you. this a fight for what is legally ours, since land records have been in existence. keep up the fight.
yes sorry i am not a lwyer but trying to learn these terms, yes sorry i googled it dissmissed with out prejudice the bank can re file , with prejudice , case is over, closed. thank you for correcting me. i am very stressed not knowing how the judge in my case is going to rule.
I have a similar problem. My foreclosure was initiated in November 2009 by the notorious David J Stern. He didn't have an assignment "created "as yet so he created one supposedly in Texas in June of 2010. I am writing a complaint to the Attorney General explaining this type of fraud. The attorney General is investigating both the lawyers (Stern and Wellborn) who have represented Bank of America on this case. If we have enough people we can sign a petition to have these Robo Signed documents thrown out of court.