Supporting, Informing & Connecting People in Foreclosure

Affidavit of Lost Assignment

This is my first blog post. I live in South Florida.

A request of mine for the mortgage company to produce the note instead got me a affidavit of lost assignment. Citimortgage is claiming they lost the assignment.

I'm going to visit the courthouse tomorrow(I've been there one other time) and check what is there.

Also note the affidavit I received from Citimortgage's attorney was

1- Incomplete because

a- It ended in mid-sentence

b- Had no explanation of why the assignment was lost

c- Wasn't signed or notarized

I have to also research whether I can ask the court to dismiss the suit because of discovery violations.(Attorney George Gingo suggested this. I met he and Lisa at the Living Lies seminar last weekend) In the meantime I've asked the court an extension so I can do a proper response. Citimortgage's attorney asked for an extension of time so they could respond to my note request.

On November 17th I'm having hand surgery. That will slow my typing so I want to get all my ducks in a row before hand.

Bill

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Comment by Bill on November 5, 2009 at 7:37pm: Palm Beach

Comment by Pro se on November 5, 2009 at 5:18pm: Oke, Bill, what county are you?

Comment by Bill on November 5, 2009 at 1:25pm: Bill - Also check the name of the notary. Believe it or not, I got an affidavit from FDLG where the notary was related to the person signing the document.

On another note, I'm also in Florida. I'm going to start another thread, specifically for Florida, where we can start from the beginning and explain where we are today. We might be able to help each other more effectively.

Bill

Comment by Pro se on November 5, 2009 at 11:51am: Bill,
FDLG who is the attorney for the plaintiff did not even answered my request for documents and request for admission. So i will motion for compel and see what they do.

Comment by L on November 5, 2009 at 11:48am: Look through public records for other likewise signed assignments. Read ForeclosureFraud's guide for step by step instructions!

Comment by Bill J1961 on November 4, 2009 at 4:14pm: The Seminar was great and I learned alot.

The possible discovery violation is the crappy incomplete affidavit they sent me. George Gingo suggested this and I got to research it. The courthouse library has a copy of the Florida Pretrial practice and I will be consulting that.

I could also add the person signing the affidavit says he is a VP of Citimortgage, but a google search has turned up his name as officer of a Texas based Financial company and a VP of MEPS. This guy is wearing alot of hats.