Can You Contest Your Foreclosure?

"This is not about mismanagement of a hedge fund. 
It is about premeditated lies to investors and lenders"

       - Mark Mershon, head of New York FBI office, 
after the arrests of two former Bear Stearns managers 
on conspiracy and fraud charges.

Picked these up from foreclosureslam.com.

The first point that the lender might not have standing is correct.

The second point that the reason is that the person does not have a valid assignement is also correct but only half the story.

  1. The other half of the story is that if your original lender is the Plaintiff in your foreclosure action or is otherwise taking the position that property can be sold (e.g. in Arizona where civil procedure more or less works in reverse) the same argument can be made.
  2. Unless the lender shows that they are STILL the owner, they have no standing.
  3. AND more likely than not, they are NOT the owner because most loans were sold into pools that were in turn sold to investment bankers who in turn bundled them and sold deriviative securities (Collateralized mortgage obligations).
  4. THE GREAT LIKELIHOOD IS THAT THE PAPERWORK WAS NEVER DONE PROPERLY ON THE LENDER-INVESTOR SIDE. A MOTION TO DISMISS SAYS SOMETHING LIKE THIS:
  • COMES NOW the borrower and moves this court to dismiss the instant cause of action (or in other stages, to enjoin the sale of the subject property) on the grounds that the Court lacks subject Matter and in personnam jursidiction, to wit: the alleged lender is not the owner of the mortgage note and security agreement, has not alleged or attached documetnation supporting said fact and thus lacks standing to pursue foreclosure or sale of the subject property.
  • Then you sign your name and send a copy of your motion to the lawyer on the other side, the original to the clerk of the court, and a copy to the Judge assigned to the case. Call the Judge and ask for a hearing date.
  • Make sure at the end of your pleading you say” I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Dismiss was sent to (fill in name of lawyer) at (fill in his/her address) this ___ day of (Fill in Month, 2008. And then sign it again.
  • Although probably unnecessary it might be wise to get your signature notarized.
  • I guess at this point I’m supposed to say consult with an attorney in your area for local rules, procedures and laws. There, I said it.

Can You Contest Your Foreclosure?

There is a recent trend, fueled by the unscrupulous practices of lenders, in which homeowners are contesting their foreclosures. How and why is this done?

In many cases the party who wrote your loan is no longer the party who is now alleging ownership. This fact provides the first method for contesting a loan in foreclosure. Simply put, homeowners are forcing the lender to provide proof that they actually own the loan. Since many loans are sold in mortgage “pools” “there is a tendency of many lenders to sell these pools without following formal legal requirements required for the sale of a mortgage and note. Basically, there must be executed by the lender selling the loan an “assignment” which indicates that ownership is being transferred. When they sell pools of hundreds or even larger pools of mortgages in the normal course of business, many sales forego this necessary legal step. In doing so, lenders who acquire the loans really don’t have what’s known as “legal standing” to bring the action for foreclosure in the first instance. As such, many courts are dismissing foreclosure actions after homeowners have hired sharp attorneys who are making the argument that without providing the court with a signed assignment the party suing has no standing. In the case of lenders who are selling these mortgage pools and then going defunct, it makes it virtually impossible for the party who bought your loan to acquire the necessary signed assignment after the fact. That means that there is no party who can actually foreclosure on your home. This has resulted in a windfall for many homeowners, whose debt is essentially reduced to nothing. Many Judges are in fact dismissing foreclosure actions when there is no valid assignment.

Banks Lose to Deadbeat Homeowners as Loans Sold in Bonds Vanish
By Bob Ivry

Feb. 22 (Bloomberg) — Joe Lents hasn’t made a payment on his $1.5 million mortgage since 2002.

That’s when Washington Mutual Inc. first tried to foreclose on his home in Boca Raton, Florida. The Seattle-based lender failed to prove that it owned Lents’s mortgage note and dropped attempts to take his house. Subsequent efforts to foreclose have stalled because no one has produced the paperwork.

“If you’re going to take my house away from me, you better own the note,” said Lents, 63, the former chief executive officer of a now-defunct voice recognition software company.

Judges in at least five states have stopped foreclosure proceedings because the banks that pool mortgages into securities and the companies that collect monthly payments haven’t been able to prove they own the mortgages. The confusion is another headache for U.S. Treasury Secretary Henry Paulson as he revises rules for packaging mortgages into securities.

“I think it’s going to become pretty hairy,” said Josh Rosner, managing director at the New York-based investment research firm Graham Fisher & Co. “Regulators appear to have ignored this, given the size and scope of the problem.”

More than $2.1 trillion, or 19 percent, of outstanding mortgages have been bundled into securities by private banks, according to Inside Mortgage Finance, a Bethesda, Maryland-based industry newsletter. Those loans may be sold several times before they land in a security. Mortgage servicers, who collect monthly payments and distribute them to securities investors, can buy and sell the home loans many times.

Housing Boom

Each time the mortgages change hands, the sellers are required to sign over the mortgage notes to the buyers. In the rush to originate more loans during the U.S. mortgage boom, from 2003 to 2006, that assignment of ownership wasn’t always properly completed, saidAlan White, assistant professor at Valparaiso University School of Law in Valparaiso, Indiana.

“Loans were mass produced and short cuts were taken,” White said. “A lot of the paperwork is done in the name of the original lender and a lot of the original lenders aren’t around anymore.”

More than 100 mortgage companies stopped making loans, closed or were sold last year, according to Bloomberg data.

The foreclosure rate, at 1.69 percent of all U.S. homeowners, is the highest since theMortgage Bankers Association began tracking it in 1993. The foreclosure rate for subprime borrowers, who have bad or incomplete credit and whose mortgages typically are securitized by private banks rather than government-sponsored entities Fannie Mae and Freddie Mac, is at a four-year high, according to the mortgage bankers.

750,000 Homeowners

More than 1.5 million homeowners will enter the foreclosure process this year, said Rick Sharga, executive vice president for marketing at RealtyTrac Inc., the Irvine, California-based seller of foreclosure information. About half of them, 750,000, will have their homes repossessed, Sharga said.

Borrower advocates, including Ohio Attorney General Marc Dann, have seized upon the issue of missing mortgage notes as a way to stem foreclosures.

“The best thing to do is to keep people in their homes and for everybody to take steps necessary to make that happen,” said Chris Geidner, an attorney in Dann’s office. “These trusts are purchasing these notes, and before they even get the paperwork, they foreclose on people. They become foreclosure machines.”

Lost-Note Affidavits

When the mortgage servicers and securitizing banks that act as trustees of the securities fail to present proof that they own a mortgage, they sometimes file what’s called a lost-note affidavit, said April Charney, a lawyer at Jacksonville Area Legal Aid in Florida.

Nobody knows how widespread the use of lost-note affidavits are, Charney said. She’s had foreclosure proceedings for 300 clients dismissed or postponed in the past year, with about 80 percent of them involving lost-note affidavits, she said.

“They raise the issue of whether the trusts own the loans at all,” Charney said. “Lost-note affidavits are pattern and practice in the industry. They are not exceptions. They are the rule.”

State laws generally make it difficult to foreclose because they favor the homeowner, saidStuart Saft, a real estate lawyer and partner at the New York firm Dewey & LeBoeuf LLP.

“All these loan documents are being sent to the inside of a mountain in the middle of America and not being checked very carefully,” Saft said. “The lenders can’t find the paper. We’re dealing with a lot of paper produced in a mortgage closing.”

`Waste of Time’

Requiring banks to produce the paperwork at a foreclosure hearing is a nuisance, saidJeffrey Naimon, a partner in the Washington office of Buckley Kolar LLP.

“It’s a gigantic waste of time,” Naimon said. “The mortgage may have transferred five, six, eight times. It’s possible that you don’t have all the pieces of paper, but it was enough to convince the next guy in the chain. There’s no true controversy over whether the owner owns the loan.”

Judges are becoming increasingly impatient with plaintiffs who produce no more proof of ownership than a lost-note affidavit or a copy of the note, said Michael Doan, an attorney atDoan Law Firm LLP in Carlsbad, California.

“Things are heating up,” Doan said.

In Ohio, where RealtyTrac reported an 88 percent jump in foreclosures last year, Dann, the attorney general, is now arguing 40 foreclosure cases that challenge ownership of mortgage notes, according to his office.

`Cavalier Approach’

U.S. District Judge David D. Dowd Jr. in Ohio’s northern district chastised Deutsche Bank National Trust Co. and Argent Mortgage Securities Inc. in October for what he called their “cavalier approach” and “take my word for it” attitude toward proving ownership of the mortgage note in a foreclosure case.

John Gallagher, a spokesman for Frankfurt-based Deutsche Bank AG, said the bank had no comment.

Federal District Judge Christopher Boyko dismissed 14 foreclosure cases in Cleveland in November due to the inability of the trustee and the servicer to prove ownership of the mortgages.

Similar cases were dismissed during the past year by judges in California, Massachusetts, Kansas and New York.

“Judges are human beings,” said Kenneth M. Lapine, a partner at the Cleveland law firmRoetzel & Andress LPA. “They no doubt feel the little guy needs all the help he can get against the impersonal, out of town, mega-investment banking company.”

Warning Plaintiffs

U.S. Bankruptcy Judge Samuel L. Bufford in Los Angeles issued a notice last month warning plaintiffs in foreclosure cases to bring the mortgage notes to court and not submit copies.

“This requirement will apply because developments in the secondary market for mortgages and other security interests cause the court to lack confidence that presenting a copy of a promissory note is sufficient to show that movant has a right to enforce the note or that it qualifies as a real party in interest,” the notice said.

Quick foreclosures benefit communities because properties in default lose value and homeowners in financial distress don’t maintain their houses or pay real estate taxes, said Saft of Dewey & Leboeuf.

Painted as the Enemy

“When banks originally made the loans they used people’s money from pension funds and savings accounts and they should be allowed to foreclose the loan as quickly as possible before the property depreciates in value any more,” Saft said. “The mortgage industry has been painted as the enemy when all they did was make loans to enable people to buy homes. Now there’s less money available for new borrowers to buy homes and that’s what’s causing the value of homes to go down.”

Lents is former CEO of Investco Inc., a Boca Raton, Florida-based developer of voice recognition software. In 2002, the U.S. Securities and Exchange Commission sanctionedLents and others for stock manipulation, according to the SEC Web site. He lost his job, was fined and his assets were frozen. That’s the reason he couldn’t pay his mortgage, he said.

“If the homeowner doesn’t object to the lost-note affidavit, the judge rubber-stamps it,” Lents said. “Is it oversight, or are they trying to get around the law?”

Washington Mutual spokeswoman Geri Ann Baptista said the bank had no comment.

Looking for Loopholes

“I can’t believe the handling of notes is worse than it was five years ago,” said Guy Cecala, publisher of Inside Mortgage Finance. “What we didn’t have back then were armies of attorneys out there looking for loopholes. People are challenging foreclosures and courts are paying a lot more attention to foreclosures than they ever did before.”

American Home Mortgage Investment Corp., the Melville, New York-based lender that filed for bankruptcy last August, said it was paying $45,000 a month to store loan paperwork and petitioned U.S. Bankruptcy Judge Christopher Sontchi in Wilmington, Delaware, for the right to toss it all. Sontchi ruled last week that American Home Mortgage could charge banks from $3 to $13 a file to retrieve documents.

The home-loan industry has had a central electronic database since 1997 to track mortgages as they are bought and sold. It’s run by Mortgage Electronic Registration System, or MERS, a subsidiary of Vienna, Virginia-based MERSCORP Inc., which is owned by mortgage companies.

No Tracking Mechanism

MERS has 3,246 member companies and about half of outstanding mortgages are registered with the company, including loans purchased by government-sponsored entities Fannie Mae, Freddie Mac and Ginnie Mae, said R.K. Arnold, the company’s CEO.

For about half of U.S. mortgages, there is no tracking mechanism.

MERS rules don’t allow members to submit lost-note affidavits in place of mortgage notes, Arnold said.

“A lot of companies say the note is lost when it’s highly unlikely the note is lost,” Arnold said. “Saying a note is lost when it’s not really lost is wrong.”

Lents’s attorney, Jane Raskin of Raskin & Raskin in Miami, said she has no idea who owns Lents’s mortgage note.

“Something is wrong if you start from what I think is the reasonable assumption that these banks are not losing all of these notes,” Raskin said. “As an officer of the court, I find it troubling that they’ve been going in and saying we lost the note, and because nobody is challenging it, the foreclosures are pushed through the system.”

To contact the reporter on this story: Bob Ivry in New York at bivry@bloomberg.net.

Last Updated: February 22, 2008 00:03 EST

26 Responses

  1. I’ve been looking for some time for any good content material articles in relation to this particular point . Searching in Yahoo and google I lastly came upon this url. After studying this submit I’m delighted to say that I get a wonderful uncanny feeling I stumbled upon the very issues I used to be trying for. I most definitely will make certain to don’t forget this blog and have a look consistently.

  2. Still Alive.., 15 months homeless now.., but the last time I was logged on to this site I remember reading that the bank after filing foreclosure is not allowed to accrue ongoing interest. Can anyone provide a case law for me to give to my attorney to back what I read?

    Thanks

  3. Hi Neil,
    My husband and I have gone through a lot of trouble within the last year due to his medical problem which caused a loss of income. Gmac mortgage purchased our loan from Homescoming Financial, who purchased it from Keller mortgage. We’ve applied for a modication and was denied on countless occassions and decided to try again since we were told that we might qualify since the HAMP modifications are supposed to assists homeowners sufferring hardship due to medical conditions; well we’ve sent them them documents proving the med condition as well as the hardship and was denied, saying that we could not afford our home. On another occassion they said that we made too much money and was denied the HAMP mod but are in review status for the traditonal mod, well needless to say, they repeatedly claimed that there was missing documents which we continued to re-send. Then the forclosure sale date approached – 07/06/2010, they never informed us that we were taken out of review status. We went to the county clerk’s office who said that the recording was not yet done by them. and we were told that we could possibly contests the forclosure but we just do not know how to go about doing it. Please help us because each day that passes is like a nightmare. Any help is greatly appreciated! Thanks!

  4. The next 90 days will be Foreclosure – HAMP Mortgage Loan Modification Hell. Put your seatbelts on.
    ryanandschwarz.com or dominick@nylawoffice.net

  5. Here is the latest update on my situation.

    Today, I spoke with an attorney who discovered the contractor that embezzled and defrauded my loan money profiting 90% and 10% production, filed a law suit against me for $56,000.00 more. I learned today, I have until tomorrow to file an answer or he wins his illegal judgment which was filed under a name that was not registered with the Arizona Registratrar of Contractors. And was not the Company name that M&I Bank gave my loan money too. On September 9, 2009 when M&I Bank illegally auctions off my property, the contractor will get paid more, providing there is enough. The attorney I spoke with is located here in Tucson, he is a private attorney, and currently has 6 claims for the same reasons I have and they are all against M&I Bank. He is bombarded and can not help me. He recieves several calls in Tucson each day for the same situation I am in. He told me he is the only one in Tucson that gets it, and he has won all of his cases like mine. Bless his heart because he told me how to ask the courts tomorrow for a motion to extend time against the contractor. It took me 9 hours to write 4 pages. I discoverd Microsoft Word has a template wizard that allows you to create the necessary forms to file. We need more attorney’s in Arizona on this illegal foreclosing crap. I still need help desperatly if any of you know anyone that can help me in Tucson, Arizona. Please contact me, 24/7. drdance@dakotacom.net
    520-762-1348.

  6. I hope these two laws help a lot of you who are being foreclosed on from construction.

    Chapter 14. Lender liability VIII. Negligence
    14:22 Duty of construction lenders
    [FN2] Rudolph v. First Sothern Federal Sav. & Loan Ass’n, 414 So. 2d 64 (Ala. 1982) also Davis v. Nevada Nat. Bank, 103, Nev. 220, P.2d 503 (1987)
    (lender had duty of care not to disburse construction loan without investigating borrower’s complaint of substantial construction deficiencies)

    First Nat. Bank v. Wernhart, 204 wis. 2d 361, 555 N. W. 2d 819 (Ct. App. 1996)
    (where construction lender disbursed both loan proceeds and personal funds of borrower deposited with lender, the lender was agent of borrower and owed duty of care to assure the funds were paid out for work actually done and that contractor had complied with construction contract).

    I paid cash for my land, and cash to frame my house. The contractor could never pass framing inspection, I hired another contractor and gave him $50,000.00 to fix and finish framing. Then I got a loan to finish my house. My loan officer was with Texas Capital Bank, in Arizona, my contract ended up being with M&I Bank. I never knew M&I bank disbursed money to the contractor who abandoned the job for 6 months, until I got an invoice in the mail. Meanwhile, the contractor took out two draws of over $100,000.00 and never showed up. Counting our $50,000.00 personal, and the Banks loan to me, he collected over $300,000.00 and 3.5 years later we still never passed framing inspection. I yelled at the bank not to fund and they told me it wasn’t my dicision to make. My attorney and I demanded accounting and they said they were not allowed to talk to us about my loan at all and I had to take it up with the contractor, who also refused us accounting. M&I bank funded 100% advance money, to finish my house which should have cost less than $250,000.00 My loan was almost $700,000.00. I was told two things. Cushing is mandantory, and I could build two houses selling off the second one and be mortgage free. I can easily prove predatory lending, and White Collar Crime, but when my money ran out after two years so did my attorney. M&I bank funded, 90% profit and 10% production and by law was not allowed to fund any advanced money. 14 months later the contractor got the Pima County, in Arizona to pass inspections on things that don’t exist like, three sections of my roof never built or framed, no heating and cooling, support beams, king studs, anchor bolts, exterior doorways never framed or built. Pima county in Arizona is as crooked as the bank and the contractor. Even so, the very last thing to pass inspection is final framing, 14 months later. But you can’t pass final framing after it is coverd with drywall, on the inside and stucco on the outside, in spite of the fact no electrical, plumbing, or heating and cooling. I complained to the bank telling them never to fund any money. They refused to acknowledge it is my loan. Now they are foreclosing on me. They don’t have to go through court because I used my deed as callateral. So I don’t even get to talk to a judge because their isn’t a case. The FBI is calling my situation White Collar Crime and they are investigating but they can’t help citizens, or advise me. Now, I am 100% broke trying to defend myself. I never got a house, the contractor got 90% profit, and the bank is auctioning off my house.

    I provided the readers with two laws, that can help them. Can anyone provide me with help?

    Arizona govermental agency’s have denied me and deprived me DUE PROCESS. I can’t get help, and I am not educated enough to even know what to do to stop M&I Bank from fraudulently, and illegally foreclosing on my land. And for giving my loan money away as a personal gift to the contractor. Everything, I say, I can back with solid evidence. The structure of the house is my best evidence. But not one person will come out and investigate, the truth. To learn more or to help me please e-mail me at drdance@dakotacom.net M&U Bank broke the first law I posted above, after 3 years to this date M&I Bank has never stepped foot on my land to investigate my complaints. M&I Bank broke the second law, by funding 100% of my loan money in advance.

  7. I have a World savings Loan now wahcovia, has anyone dealt with them before and can give me advice

  8. neil, i just wanted to thank you for this website to help people out. before my foreclosure started i knew nothing, even now i don’t know enough, but before the original bailout tarp funding i was ok with losing my home. i felt i deserved it because i took out the loan. i never questioned it until the first foreclosure papers asking for lost note affidavid. i found your website and a few others and started learning, i didn’t know i was a victim of preditorial lending, now i do but i don’t think i can prove it. and the securities debacle, i’m sure i’m in the middle of that if they had ever answered my request for discovery. anyway inspite of the fact that my house will be sold in 6 weeks at the court house, i want to thank you for your efforst to help us who are in the middle of this. my problem is that my husband want to give up and move out 5 months ago but i’m a person who fights for losing battles of moral and ethical issues. and this has definatlly become one, good luck with your battle i’m spreading the word.

  9. judge set sale on my house yesterday. foreclosed by original lender/ servicer originally filed as plaintiff and to establish lost note. i denyed and requested discovery of original note for inspection. they answered back that it was propriatory information and that it would be filed with the court. i again requested to inspect note and original mortgage plus all information pertaining to my account including pooling and servicing agreements, appraisals, original loan doc. they responded with a request for more time. on 04/29/2009 they mailed out to me papers showing to strike the lost note affidavid. on monday 05/04/09 i lost my house. judge would not even listen to any of my arguments as he was holding a note and mortgage which i think was in blank, i forgot to ask. after all i have learned about this mortgage mess over the last few months i am left feeling so violated by the florida legal system.

  10. I just received foreclosure papers in the mail today. My husband and I are in bankruptcy but wanted to keep our home. We sent reaffirmation papers to our mortgage company. Prior to filling bankruptcy we tried on two occasions spanning the length of 5 months to obtain a loan modification through our mortgage company. We were first told we didnt make enough money and then the second time told we make too much. I never once in the 5 months spoke with our analyst at the mortgage company. We still want to keep our home but now our bankruptcy attorney has “lost” interest in helping us. My question is can we contest our own foreclosure and how to go about it???? We have 20 days to respond….Any help would be appreciated…..Thanks Desperate

  11. JUDGMENT FOR THE DEFENDANT WITH COSTS.

    Small victory but wanted to share UD action
    after sale. Thanks to Neil and this site for the information and the confidence to proceed Pro Se

  12. nyc lawyers.contact me please.

    ledgister4@aol.com

  13. Any NYC lawyers who are knowledgeable email me @ Ledgister4@aol.com

  14. I never recieved a notice of default until a 2 weeks after it was filed im in california they sent a letter first letting me know that they are the new servicing company and and the debt amount. I sent a letter disputing the amount and requesting other information and the didn’t respond then I received the notice of default my question is the 90 days is almost up I cant find an attorney that would like to get involved they only want to do bankruptcy. Can I file a motion to dimiss the default im at 75 days and do I also include the fact that they did not respond to my demands. what would be the best step

  15. I have a question. Can you legally be put in foreclosure if you are not 90 days late? My mortgage was just sold this month. We had run into some financial difficulties last two months. When we called to make our back payment today, we were told we were in Foreclosesure and we were only 60 days late. They said since they did not receive the payment by the first of July. They could do it and charge us 2400 in foreclosure fees. Please let me know if this is true or if they are scamming us for money.

  16. I am prose my foreclosure by a second mort. i have beendoing alot of reading. i do know the company that is trying to foreclose is not registered with my state or bonded or any of the other names it has gone by this past year. the original lender was the money store which was listed in a chapt 7 in 2002. then 2004 this company blue view corporation, then last may i started getting these pink papers saying loan servicing group llc is servicing this loan and when i happened upon my public records site i have found out another company has an assignment of mort to an instant funding llc. they hired an attorney to foreclose. i have a first whom is current. i stopped payment on my second in nov because every penny i sent was put towards interest or other, and i sent three respa letters with no answer. this attorney they hired all of a sudden at our last status meeting says he got a break down but he cant understand it. so i go again tomorrow. i have paperwork from the state stating they are not bonded and a phone number to have the judge call if he does not believe that instant funding is not registered. we cant afford and attorney. any advise would be appreciated.

  17. Helen // July 4, 2008 at 6:49 am
    We are the now Pro Se attorney in a forclosure filed in 2004 and is still pending with what I in my opinion is one of the Mortgage Pools you discuss. It was filed by LaSalle Bank as trustee of certificate holders of a Mortgage Pass-through certificate 1998 R-l. It is still pending due to our filing thrid party claim against seller of property.
    A motion to dismiss for lack of capacity was filed and the Judge denied it, but he also denied their motion for summary judgement.

    They objected to almost all the general discovery request from the previous attorney. I want to ask for specific information now that I have a chance.
    OCWEN FSB VP did not sign the assignment until three month after LaSalle filed forclosure. Mediation has been a joke in my opinion. LaSalle has never identifed the holder of the certificates. Now that we are going Pro Se we are requesting specific documents , like the prospectus. Is there a place I can get information on what else to ask for?

    Our note was FHA and was assigned to another bank then HUD toke it on forbearance and in 1997 sold it to OCWEN FBS who then assigned it to
    LaSalle as trustee of this security instrument called a pass through certificate.

    Is it to late to bring up the demand letter concerning recission.

    This is OKLHOMA and 98 percent of the defendants in forclosures filed by these trustee’s or any bank have no representation in court. The majority of attorneys in this area do not get involved in forclosure unless it is through bankruptcy from what I can see.

  18. MERS rules don’t allow members to submit lost-note affidavits in place of mortgage notes, Arnold said; according to CEO of MERS, but this is a lie because their attorneys file lost note affidavits all of the time.

  19. Hey Neil; what does happen when the defendant fails to answer? Do you move for summary judgment? Thanks and thanks to Lyndsey M. Heller, Esq. for asking the question first!

  20. Can u send me your meail address as I would like to send you a press release.

    thanks

  21. Dear Neil: I am a California attorney who is now doing these predatory lending foreclosures in Southern California.

    My cases have been filed into the Superior Court, Unlimited Jurisdiction. I have no choice but to do this, as the foreclosure sale dates were upon us. I also have filed a Notice of Pendency on these properties to encumber the sale.

    My question that is nagging at me, is what to do when the lender, broker, etc…. has not responded with an answer within the 30 day limitation. What would you suggest to be the best strategy?

    I have a client that lost her property, due to many issues that would take me too long to explain. I have a lawsuit filed on that with regards to Tila, Respa, etc……………

    This is the case that I have not heard anything from the defendants. Defendants have the property, it was a bad sub-prime loan, with fraud and the typical Bait and Switch. Any help you could give me would be great.

    Thank you,

    Lyndsey M. Heller, Esq.
    (760) 471-8490 Office
    (760) 271-3549 Cell

    I will be out of the office in the morning having some oral surgery done, but will be available to talk to you after 12:00. Thanks again for your possible insight to these issues.

    I hope to speak with you soon.

    I have several questions for you: (1) What happens when the defendants fail to answer the complaint?

  22. […] Can You Contest Your Foreclosure? 193 […]

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  24. […] that the person does not have a valid assignement is also correct but only half the story. The otherhttp://livinglies.wordpress.com/2008/04/16/can-you-contest-your-foreclosure/Danvers Bancorp, Inc. Reports Results for the Three Months Ended March 31, 2008 Business Wire via […]

  25. As a shortsale specialist I regularly fax the same document several times even after the lender has confirmed reciept. This is good information.

  26. […] unknown wrote an interesting post today onHere’s a quick excerptThe otehr half of tehs tory is that if your original lender is the Plaintiff in your foreclosure action or is otherwise taking the position that proprerty can be sold (eg in Arizona where civil procedure more or less works in reverse) … […]

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