I needed to comment on the post NY did as seen above.
I acted as a court observer in the summery judgment of NY the other day at the civil court in Miami. I wanted to make clear that I did not render anything more than to be an observer in his stunning performance.
He was well dressed and looked like a lawyer stood at the bar in front of Judge Miller to contest his Summary Judgment Case the summary judgment action was dismissed and his motion for Discovery was granted. He claimed further that the Promissory note was a fake the Judge stated that this was not being heard at this stage.
The argument was a heated discourse which ended with the Judge ripping up the summery Judgment and casting the paperwork it over the back of the bench. The Judge exclaimed that “You won”.
The courtroom was filled with laughter and clammer,every Lawyer went over to Ny and shook his hand I believe that there was a Legal Aid Lawyer present who asked Ny outside the court where he had gotten his pleadings.”Ny exclaimed I got it at office Depot”.
This was a show to behold in the whole court session that morning there were two Pro se litigants. The other smelled like a lawyer and also gave a stunning performance he motioned the court to change and update or correct his Answer, the Judge exclaimed that “your client will be happy as I am granting the motion” the Judge said” you have done a great job” the Lawyer for Marshal Watson ESQ (plaintiff) told the Judge that he was a pro se, Honorable Judge Miller was so surprised.
I was stunned to see these two men deal out these stunning victories that ended in small gains for both litigants.
AS I said I was just an observer NOTHING MORE but I was so proud to see one of us do this. I felt so hopeful and happy.
Filed under: bubble, CDO, CORRUPTION, Eviction, foreclosure, foreign relations, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: disclosure, Eviction, foreclosure defense, foreclosure offense, Lender Liability, Mortgage |
If you find any wrong info in their affidavit file a motion to strike that portion. That sets a fire to the opposing lawyers rear real fast and they will fire back defending it. If your points show a genuine issue Summary Judgment will be denied them.
Anyone reading this, from what I’ve read it seems it’s not a good idea to do what Mike in CA did; rather than deliberately going into foreclosure, sue the lenders *first* in something like a quiet title action to force them to show you who you actually owe the money to (probably not the ones trying to foreclose). This also forces it into the judicial arena immediately, if you’re in a nonjudicial state.
For Elizabeth, on June 27, 2010 at 11:31 am,
My letter of rescission was addressed to the original lender, the servicer, MERS, and the Plaintiff in the foreclosure filed against me. I wrote: “Please be advised that today I am rescinding mortgage number xxxxxxx and second mortgage number yyyyyyyy signed by me on date zzzzzz”. I would suggest having your signature notarized and use of certified mail, return receipt, etc, original to the original lender, and copies to all others and their lawyers. However, this was three years ago and case law has severely reduced the likelyhood that the judge will support the rescission when it is challenged since, in a classic contract rescission, you must be able to return the money. A mortgage is a contract. Federal law recognizes TILA rescission but many states do not and are not bound by federal law.
Good luck!
qwester
Please send me a copy of notice of recession Please I am ready to fight chase
Elizabeth
NY I HAVE AN EMERGENCY AND JUST FOUND OUT TODAY I HAVE TO REPRESENT MYSELF AND MY MOTION IS DUE BY MONDAY. I HAVE SPENT $45,000 IN THE PAST YEAR AND WE SHOULD HAVE WON OUR CASE BUT THE JUDGE MADE THE DECISION ON MISTAKES. THE NUMBER 1 THING IS THEY SOLD OUR HOME AND WE WERE NEVER SENT A NOTICE NOR WAS IT PUBLISHED IN THE PAPERS AND WE HAVE PROOF. ALSO WE SHOULD HAVE GOTTEN A RECISSION IT TOOK 4 1/2 YEARS BEFORE WE FINALLY GOT OUR CLOSING PAPERS. WE WON IN COURT AND I DON/T KNOW WHAT HAPPENED. INEED TO SERVE THE OTHER SIDE IN ACCORDANCE WITH MASS SUPERIOR COURT RULE 9A. I GOOGLED IT BUT I AM SO CONFUSED AS TO WHAT TO DO I HAVE BEEN WORKING WITH MY ATTY ALL WEEK AND HE JUST TOLD ME TODAY THAT IF I DON’T HAVE THE MONEY HE CAN’T DO IT. I AM DEPERATE THIS IS AN EMERGENCY. PLEASE EMAIL ME OR HOW WILL I KNOW I HAVE A MESSAGE FROM YOU. THANK YOU
I just filed my first civil in El Dorado county Ca. I’m the home owner and kept getting nthe runnaround by all of the lawyers in my county trying to get 1000’s from me to stop my existing foreclosure which i found to be a fraud and after asking for froof of ownership and to produce my note after a yr. I on purpose went into foreclosure to get the answers I needed and sure enough MERS was behind everything. W/O my wife & I knowing our note was sold to 5 banks on wall street the same day we signed in 2002 which explains why Countrywide & B of A lost our loan modification papers 4 times. I had to file Pro Per of let these crooks take my home. THIS SCAM GOES EVEN TO THE LAWYERS AND THE POLITISIONS WHO MADE A LAW TO HAVE CA. A NON JUDICIAL STATE SO HOME OWNERS STSND NO CHANCE TO FIGHT BACK. I NEVER VOTED FOR SUCH A LAW AND I’M SURE THE OTHER NON JUDICIAL STATES OVER 30 MORE NEVER DID AS WELL. I’M SO PISSED I’M DOING A MOVIE CALLED HANGTOWN FORECLOSURE, WHO IS MERS? The profits are made in taking your home not doing modification or helping the home owners…I can’t wait to stand in court to expose the crooks…
never leave your home, you may already own it!
good luck home owners…the ones who fight back will keep their homes, the ones who give up will loose.
Anyone wish to be part of my movie?
everyone have a great 2010…VICTORY TO THE FIGHTERS!
Seidu – if you are still looking for an attorney in PG county/Maryland, email me as I’m working with several attorneys in Maryland that will take RESPA & TILA cases as well as predatory lending cases. They have been very successful.
jacobson.beth@yahoo.com.
Hello,
Is there a time limit between filing a motion and setting up a hearing for the motion? Can either the plaintiff or defendant setup the hearing date & time?
NY… could use your help, I’m Pro Se in Fla and have an evidentiary hearing set for Feb. At summary judgment hearing the judge ruled that was the correct forum to resolve whether Plaintiff has standing. I have some questions, can I have your email address and ask you a few proceedural questions ? plse ; )
I was in court with Fairbanks Capital and a Class Action Lawsuit was introduced as well as other documents showing Fairbanks was guilty and they pleaded no contest. Fairbanks had put a fraudulent claim into the US Bankruptcy Court for 1 2 additional months of arrears payments when we were already paying on a fraudulent arrears stated by the first servicer.
Fairbanks pleaded no contest and threw up there hands, But the Judge, showed she was getting paid by Fairbanks by writing up a court order in Favor of Fairbanks and they pleaded No Contest.
I need to get this reversed and show that her Court order was wrong and unbelievable.
The same day she wrote up the court order is the same day Fairbanks who did not know about the court order she had written, Fairbanks admitted that 5 payments were not posted to our account by the 1st servicer.
We need this shown to the court.
Any comments
I have filed one lawsuit in Federal Court for Fairbanks Capital aka. SPS. For not complying with an injunction. I am filing papers for the holder of the note as well as Fairbanks for putting in a fraudulent claim into the US Bankruptcy Court and withholding 3 mortgage payments to create a default in our loan and the 2nd servicer not posting 5 payments made to them but not posting the payments. Fairbanks even admitted that 5 payments were not posted to our account and they posted the payments and said these funds represent 5 payments not posted by the previous servicer.
My loan was transferred to the 4th servicer and Fairbanks lied to them saying the loan was 12 months in arrears.
Payments was sent to this company and returned and repeated foreclosure notices sent and the loan was over in payments.
The court saw so many foreclosure notices and proof of payments shown by us that the court sent an Order, Adjudged and Decreed that this file be closed.
Now how do I get this note written and the record stated paid in full. I will need to file papers for fraudulent foreclosures initiated.
Do I need to write a letter to GMAC who was the mortgage company that the court sent the order to.
Ny,
Just found livinglies. I’m pro se against mers, fremont & EMC since Jan 2006. So far still here (for 41 years) . I found a serious TILA defect in Fremont’s Notice of Right to Cancel and sent a rescission letter to all three just 3 days before the limit ran. I will provide a copy of the brief I filed in support of my motion to validate the rescission to all who are interested and have time within 3 yr limit . It has been six months since I filed that motion and the court has not responded. I do not know how to find out what the court is doing, any suggestions?
I wish I had found all you sooner.
qwester
NY,
Would you be so kind to email me a copy of your Notice of Rescission
Mike Linton
mrlinton82@aol.com
Allan. Send it to me at my email.
Way to go, fellow Pro Se litigator Ny!
What did your rescission look like? Could you, please, send me a copy?
Ny, I too am a BIG fan of NOLO, as well NCLC (National Consumer Law Center). http://www.consumerlaw.org/
Check them out by clicking on the subject line above.
If any Pro Se wants from me my comprehensive Defendant’s First Request for Production of Documents (cobbled from content here at LivingLies as well from NCLC and other templates), please email me and identify yourself as a “friendly.” This 18 page (84 item) document stopped Plaintiff’s Motion for Summary Judgment in its tracks and bought me over 4 months time in which to prepare a Second Request, as well Interrogatories, and Admissions.
Allan
BeMoved@AOL.com
Thanks for the answer and for the clarification.
In the middle of this mess Livinglies is a pond full of fresh and clear water.
Thanks again for your efforts and hard work.
Jose
On the quiet title, you DO want the Judge to order extinguishment of the security interest of parties bringing the action that cannot prove that they have authority or are true holders in due course of the obligation(not necessarily holders of the note, you can “hold” the note and NOT be the holder in due course)…your posturing here is not someone looking to get “something for nothing” or a “windfall” from the extinguishment of the debt. Your posturing here is that “Judge, we are not denying a closing took place, a note was signed or that a loan was funded….just that the various entities have already been paid, these entites bringing the action(and in some cases law firms “representing” them) have been unable to provide evidence that validates any debt, validates their authority to bring the instant action(s)…. opposing counsel is not sure who he/she in fact “is representing”…..granting my request for quiet title simply assures me that when the party, any party, who is actually the holder in due course…shows up at some time in the future(they likely never will but that is not your problem) and is able to provide evidence that they are the true holder in due course of the obligation then I/my client at least still has the asset/home with which to negotiate a “cloud free” set of terms and title with that party….otherwise when that day comes I/my client would/could be stuck with still owing on the obligation but not having title or possession of the subject property.
If one wins on a quiet title action case, and the debt or mortgage is removed from the title, what are the next steps and what can the lender do against the home owner?
An attorney told me that even if I win a quiet title action, I could still be liable for the debt and the debt becomes unsecured. That the lender could sue me for damages or garnish wages from me.
I understand that if a quiet title is successful, the debt is in a way invalidated. If the lender is found to not being able to enforce a mortgage contract or a promissory note and the lien is removed, where do they get the right to pursue the debt if it has been proven they do not have proper rights?
I understand that a quiet title action is needed to determine the proper chain of title and to determine who has actual rights to enforce the mortgage and the note. If those rights are vacated, what is next?
I am just wondering whe ther TILA and RESPA cases can be handled in federal court and in state court simultaneously? The reason for my question is that I heard that there is a circuit court judge in prince george county,maryland who is not sympathetic to homeowners. I hope he is following the law by ascertaining that who ever is seeking to foreclose should show proof of ownership of the note and all laws were adhered to by the so called lenders.
love that you won, I have a court hearing on Jan 15th I will also be pro se ( representing mysel) cant affort lawyer to litigate but I have gotten advise and have researched with your help thanks I looked up nolo.com very helpful. thanks. any other advice you can offer. Brief summary promissory note was lost by note holder was given a 2 yr fixed with an ARM when I was suppose to get a 30 yr fixed was not at closing gave power of attorney to mom, and after two years was notifief by new debt collector to refinance, was approved was told to hold my payments will be deferred then 7 months later was told rep. working on modification now longer with company now I am denied and owe company $7000 dollars I have proof of all this through emails. any suggestions?thanks
Pro se Defendant wins yet again.
Prior to Plaintiff’s Motion for Summary Judgment, I sent them a Notice of Rescission in which another law firm asked the court for an Enlargement of Time to answer to my demands and they also scheduled a hearing which was supposed to be heard this coming Thursday but I received a Notice of Cancellation in the mail this morning.
see, http://www.nolo.com
What is the proper method to send ‘discovery’ request? Can this be done outside of court or does there have to be a ‘complaint’ of some sort already filed in court prior to sending ‘discovery’?
Can a ‘discovery’ be sent along with a ‘demurrer’ in an lawful detainer complaint post foreclosure?
OR is it better to send ‘discovery’ with the response to UD?
Appreciate all assistance. THX
I’m in Calif.
99% of these hearings a different lawyer would show up and 99% would be from a different law firm but if you notice in the summary Judgment motion they will file an affidavit of how much they are getting paid and it’s always [poverty] something like $1250 but they’ll have several lawyers working on this case. Either the lawyers are working pro bono [yeah right] or they just don’t know that they’re not getting paid. Contest everything. Schedule a hearing for their affidavits, motion to strike their affidavits with your own affidavits.
Hi Bluedawn, unfortunately I have no clue to what you’re referring. You need to take the time and sit in court for a whole day and observe the whole procedure. all these Motions you would make are meaningless unless you can schedule a hearing on any particular subject. You can spend petitioning an motioning the court for 6 months and you’ll notice that you would not get a response; that’s because no one is looking at it. The lawyers know this and that’s why they wait until they get a clear picture of what you’re about. Since they see that you’re not a contester, they file for summary Judgment. Normally the last 2 digits of the summons will tell you who the judge is. Do yourself a favor and as you get things from the lawyers you disagree with (really, everything) keep them on their toes and start scheduling hearings for that matter until they get the picture. Make sure you send them discovery, that way would be a little hard for them to file to summary Judgment unless you want to get it done fast enough and feel comfortable to take them on at Summary Judgment. If you think you can take them on then, entice them to go to summary Judgment and when you go to the hearing say to the Judge, “Your Honor, they filed for a Summary Judgment hearing without allowing me enough time to properly conduct discovery” “I sent them discovery back on xxxx date and they still have not responded” make sure you you have a legitimate reason for Discovery as to the Judge will ask you; he might say “well, what are you looking for in discovery?” and you might want to reply, ” well’ your Honor, I would like to conduct a complete audit of this account” judge “why” I would like to properly show the court that no money is due on this account” at that point the judge will look at opposing counsel and ask for objections, which the lawyer will say “your Honor the Plaintiff objects to this, we filed this summary judgment hearing and the Defendant did not file a notice of opposition. [DO NOT fall for this] as soon as you get the Summary Judgment in the Mail file an opposition with affidavits, so that if and when the lawyer brings this up, you say “your Honor that’s not true, let me show you that I did”. At this point the Judge would have no choice bu to deny them Summary Judgment. Of course it’s not over yet and until you get that final DISMISS order, do not let up on them, bring them in for any hearing until they give up.
Good luck and remember you’ll only lose if you give up.
my email address is
avirani0203@yahoo.com
OH, I am in California.
Hi NY (and anyone else who wants to answer),
I have a question for you and hoping you can help. I demurred my UD action and I know when we go to hearing that the judge will direct me to answer it. Can I put in a Motion to dismiss before the hearing or when I am directed to answer within that five days? I have greenpoint and as we know Lehman Bros was backing them a lot. Also, after they did the trustee sale, greenpoint now Citiresidential is now on title! Thanks!! My email is: bluedawnrealprop@yahoo.com
http://www.nolo.com
what’s your e-mail Alina?
Alina,
Thanks for sharing your information with us. I had also set out recission letters to all concerned and two months later I received a letter from a counsel within GMAC rejecting my request to rescind. As I metioned in my earlier post I sent out QWRs to the lender ad title company and all they sent me are just a few documents which includes deed of trust,copy of a note a hud-1. My request definetky asked for more than that. I am now preparing to ask the services of a new attorney if I can locate one in Maryland to file a lawsuit against the lender. I need help o how to move forward I someone would respond on how to do that considering the aforementioned.
A little by way of background. I mailed rescission letters to the lender, servicing company, and trustee in March 2008 after a loan audit turned up TILA violations. No one responded to the rescission letters until August when I received a letter from an attorney stating he represented the servicing company and they were denying my “request” to cancel the loan.
I was served with foreclosure September 4, 2008. Attached to the complaint was an assignment from MERS to the trustee dated June 6, 2008.
I immediately filed a Motion to Dismiss for lack of jurisdiction, failure to state a cause of action, failure to establish conditions precedent, etc. I contacted the court in order to schedule a hearing on my MtD and was told that I had to coordinate with opposing counsel. I then called opposing counsel and sent an email requesting their availability. The initial attorney on the case advised that she is no longer handling the case and now it is in their litigation department. I contacted the “new” attorney who advised that he needed additional time to respond to my motion. This was in October. Earlier this week, I received a Motion for Extension of Time stating they need additional time to get the documents from their client. lol
I am not sure how this will all turn out but for now, I believe I have then cornered.
I Googled “Nolo how to win in civil Court” and could not find it. Can someone send me a link? thanks.
BTW, I am in Orlando and all foreclosures in Orange County are handled by Judge Renee Roche who was assigned to Orange County’s first business court which handles complex business cases in November 2003.
Yeterday was my creditors meeting with the trustee. It wasn’t pretty as expected because the trustee was very adversarial towards my position. I was not fazed by her behaviour a bit. My BK attorney doesn’t have a clue and he too is not a believer in this cause but he is now forced to represent my interest. I had placed the mortgage as a contigent liability ,so inorder for the court to grant a lift of stay they must prove that they have standing. Going trhough my documents this morning I found a letter from the so trustee for the lender dated 2007 “MERS HAS RERQUESTED THIS FORM BE FORWARDED TO YOU,ON ITS BEHALF IN ACCORDANCEWITH THE CODE OF MARYLAND,AS AMENDED,AS NOTICE THE THE ORIGINAL NOTE EVIDENCING YOUR INDEBTEDNESS HAS BEEN EITHER LOST,MISPLACED,OR DESTROYED AND IS UNAVAILABLE” . I would appreciate veruy much if Mr Garfiel or any other law luminaries in this forum would comment as I am putting up a big fight even before discovering this smoking gun.
Lawyers may file summary
judgment motions to intimidate self represented
parties.
For instance, your
opponent’s lawyer may claim that no facts are
in dispute when plenty really are. Don’t fall for
this. Assess the facts on both sides and, if you
continue to believe that you have a genuine
dispute about what happened, fight the motion
by filing an Opposition to the Motion for
Summary Judgment. Include in your oppositiona
written description of the factual disputes
that you believe exist, supported with as much
evidence as you can muster in written affidavits
or declarations. You may want to stress the legal
policy favoring a party’s right to go to trial, clearly
explaining why a trial is needed to resolve the
factual disputes. For example, let the judge know
that a trial is necessary because a witness whose
affidavit your adversary counts on is biased and
has made conflicting statements about what
happened.
Great job guys!
Great job guys, great job !
Hit them where it really hurts!
Mario, god bless and great success!!!!
I checked out that book from the library- 2 thumbs up!
Anybody facing a Summary Judgment hearing, Google “Nolo how to win in civil Court” and it’ll explaing to you step by step. Good luck