13 Responses

  1. Maggie: Sounds like you have a winner there. Contact a local lawyer. Sounds like rescission and quiet title would be good strategies. If the situation is urgent try a BKR filing.

  2. Can anyone help answer this question, the land records division for my county does not recognize the deed that was transfered during the closing. The property was formerly deeded to a trust, at closing the executor of the trust was not available so the title company had the wife sign the deed over to me without the consent of the trust executor. The county will not record the new deed because they said it is not signed by the trust executor, the lender even payed the property taxes in the executors name. I’m now in foreclosure, should the title insurance I purchased have some liability, the title company will not return my calls. How can they foreclose on the house when the deed has never recorded and what defenses do I have. Any help will be greatly appreciated.
    jaxflorida@comcast.net

  3. Mary, go back, file an appeal. use the case by Judge Boyko out of Ohio & Judge Rose. Also, if it was a refinance on your primary residence, you have 3 years to send the lender a recission letter. but not a lawyer. google TILA Violations and JUDGE BOYKO. Good Luck.

  4. Have the mortgage audited and file a counter complaint against the Plaintiff claiming to be the note holder and cross complain against the originating lender and broker if there was one. TJ

  5. Sorry – some info is missing as I used the wrong kind of brackets. Here is what I actually meant to post:

    As Mr. Garfield states, this is all about putting the burden back on them.

    What if Mary told them she wanted to settle. Once they make an offer, she says she agrees to their offer and conditionally agrees to settle in full.

    The condition is upon proof of claim that they have a lawful contract that fully complies with the laws of [the state Mary lives in].

    The proof required by law is a sufficiency of pleadings and includes the following:

    – the original contract with all assignments (showing full chain of title) with Mary’s actual signature

    – the sworn testimony from a competent witness with first hand knowledge that Mary received consideration from [xyz financial company], which constituted a loan, xyz financial company’s capital, put at risk by xyz financial company

    You now turn the burden of proof back on them. Could this work? I am not a lawyer. What will the judge do when the plaintiff’s cannot settle?

    Watch out for copied and/or forged documents and missing assignments!

    Make sure any witness is competent.

    I assume any witness provided would have had to been with Mary at the time the contract was signed. Is that true?

    Now the bad news is that if they actually have all of this (for real), you will have agreed to whatever they offered. But that is the entire essence of this issue – that they will not be able to provide this (without committing some sort of crime). Make sure you understand how your loan was handled – and get advice from an attorney as you can be sure the offer they extended is for their benefit, not yours.

    Disclosures:
    I cannot think something like this up on my own.
    This is derived from the following source: http://void-judgments.com/combating%20judgments.htm

    Dan
    dmedstrom@hotmail.com

  6. As Mr. Garfield states, this is all about putting the burden back on them.

    What if Mary told them she wanted to settle. Once they make an offer, she says she agrees to their offer and conditionally agrees to settle in full.

    The condition is upon proof of claim that they have a lawful contract that fully complies with the laws of .

    The proof required by law is a sufficiency of pleadings and includes the following:

    – the original contract with all assignments (showing full chain of title) with Mary’s actual signature

    – the sworn testimony from a competent witness with first hand knowledge that Mary received consideration from , which constituted a loan, xyz financial company’s capital, put at risk by xyz financial company

    You now turn the burden of proof back on them. Could this work? I am not a lawyer. What will the judge do when the plaintiff’s cannot settle?

    Watch out for copied and/or forged documents and missing assignments!

    Make sure any witness is competent.

    I assume any witness provided would have had to been with Mary at the time the contract was signed. Is that true?

    Now the bad news is that if they actually have all of this (for real), you will have agreed to whatever they offered. But that is the entire essence of this issue – that they will not be able to provide this (without committing some sort of crime). Make sure you understand how your loan was handled – and get advice from an attorney as you can be sure the offer they extended is for their benefit, not yours.

    Disclosures:
    I cannot think something like this up on my own.
    This is derived from the following source: http://void-judgments.com/combating%20judgments.htm

    Dan
    dmedstrom@hotmail.com

  7. Karen,
    That was awesome – maybe include your copy of”Your” note when you file your answer ….

  8. Give them a copy of your money if they think a copy is sufficient. If they want real money, demand a real note.

  9. Mary,
    Keep trying for an attorney – you will need to find a good one who has knowledge of these arguments – try the link to the attorney list here (not sure of your location):

    http://livinglies.wordpress.com/2008/11/23/livinglies-rolls-out-80-attorney-network-in-23-states/lawyers-that-get-it-112208/

    These may help also for your response – basically the other lawyer said they don’t have an original but this copy is OK. Make sure you let them know it is NOT ok:

    http://livinglies.wordpress.com/2008/06/23/affirmative-defenses-to-foreclosing-party%E2%80%99s-claim-of-%E2%80%9Clost-note%E2%80%9D/

    There is a lot on this site so be sure to look at other pleadings.

    Also, have you done a TILA forensic audit?

    Good luck,
    Dan Edstrom
    dmedstrom@hotmail.com

  10. I went to court and presented a motion on ” lack of standing” the succession was incorrect in interest by merger. The judge continued the case for 6 weeks and told the attorney to bring paperwork in.
    The 6 weeks came and when we went to court the attorney presented a affadavit
    stating that the research and could not come up with the note, “but they have a copy” of the mortgage note.
    The judge then denied my motion to dismiss and continued the foreclosure action. I then filed an answer and the a letter to the judge to order a mediator.
    I am just waiting to get an answer on the letter. The judge told me to get an attorney. I went to a local attorney and he wouldn’t take it because it would cost me $15,000 if he did.
    Damned if you do and damned if you don’t. I’ll continue to fight because my daughter and I will be homeless if we don’t.
    I fought a good fight but thats why we have attorney’s, they know the state statutes and laws. Most of all they know how to litigate.

  11. Sam, Please email me. thanks, Angela

    witchblade37@excite.com

  12. Clicked on the links but unable to open cases needed:

    Wells Fargo,Litton Loan v. Farmer WITH PREJUDICE Judge Schack June2008

    Wells Fargo v. Reyes WITH PREJUDICE,Fraud on Court & Sanctions Judge Schack June2008

    am trying to fend off Wells Fargo.

    Sam Adams
    Brooksville, FL

  13. Am I the only one to notice, some of these cases are miscategorized as “dismissed for lack of standing,” when in fact among these, there are decisions favorable to plaintiff/lenders? Look, for instance, at the DeutscheBank cases.

    RSVP
    Allan
    bemoved@aol.com

Leave a Reply

%d bloggers like this: