Supporting, Informing & Connecting People in Foreclosure
My plaintiff's only evidence for a two year case for foreclosing was an endorsed Original Note ,and Mortgage ...that's it.!!!!
no Assignments ! ! no transfers !, no chain of title ! , the Public Property Records are still in my Original lender's name, and not the foreclosing pretender lender bankster .
The endorsements in the back of the Note were not dated ,but were signed by " Vice Presidents " one of the signatures was a stamp signature. Both transferring lending companies have been defunct since 2007 and as per Fl. State Dept.Corporation's records. The signing " Vice Presidents" are not listed as Corporate officers in these State Dept records. So who they worked for is ..not confirmed . They were most likely robot signers ...walk -in .. V.Presidents . We'll never know..
But my Judge didn't give me any credit to my claim of fraud to the court .After 24 months in this case and after repeated request from the Plaintiff' ...to prove that they are the real holders in due course and even after two court ordered mediations ..the Plaintiff's mantra was .... over and ...over again was ..-
." That's all we have , and that's all we need !".
Our presiding Judge agreed ...to that's all they need to take your home.... We asked him if he read the recent
Supreme Court foreclosure document requirements ......and he said.." that does not apply to your case. "
" and you have been two years in this case and have not paid any mortgage payments. .."
" You can Appeal if you like , but my decision is ..... the sale goes..." ..... ......what a S.O.B.
All I have asked is to have the judgment vacated without prejudice so I could start over and request discovery and a evidentary hearing....
So I followed the only option I had left ..Appeal ...!!
I then started the process for an Appeal on Friday 02-19-10 . before the 30 day limit time line .
My house was sold yesterday on Monday 02-22-10 .
I now I have 10 days to recover my House if I pay off the Mortgage . which I can't ....this 2 year case screwed my
home based business ,and drained my finances.
After that the House is officially owned by the auction winner. Eviction process will follow after ....
My question to the Hamlet community is :
1) ...Since I have started the Appeal process..." can I still be evicted from the house." before the Appeal is heard ?
I know about the filing fees, but about the Bond to be posted at the Court I am not sure I have to do so...?
2 ) What legal moves or action's could I start now ! to avoid eviction .
It doesn't make logical sense to evict me out of my house ....with all my furniture and belongings ...with all the added
expenses ,plus affecting my families emotional and health problems .
That later when I win my Appeal ..I'll just move back in ... but I'll have suffered long lasting emotional ,and financial damages..3) Could I sue for damages against the Foreclosing Plaintiff for filing a fraudulent foreclosure ?
All ideas or comments will be recieved not as legal advice but as constructive chat's among friends..
Thank you ...Luigie