9 Responses

  1. My FLORIDA Promissory note is NOT a negotiable instrument as it contains many other conditions, (3 pages of them). My question is, Because of the disqualification of the note being a negotiable instrument, is the mortgage on my house now an unsecured debt? PLEASE RESPOND TO BARBARIANJEFF@GMAIL.COM

    Jeff.

  2. Hi! Help! I filed a lawsuit pro se in Fed Dist Ct and have lots of civ-pro questions and substance questions… How can I hire you for limited service? I am going to your Foreclosure workshop in May but for example, the defendant filed a motion to dismiss even before I served them my complaint… do i have to file an opposition brief right away or can I do it after I attend your class? The hearing is set for May 28 and trial on Aug 22, 2009. Please advise! Thanks!

  3. L .Fitzgerald, email me @ praetorian5@yahoo.com

  4. Can some one advise me on the following order please:-

    Please answer this

    Question:-Can a serviser foreclose on the Deed Of Trust.
    Question:- If final hearing was scheduled on 05/06/2009.The debtor was granted the discharge.Can movant submit for entry an order granting relief as to the chapter 7 trustee.
    Question:- Please comment on this order:-
    A preliminary hearing was held on 04/01/2009 on the motion of Indy Mac to enforce a deed of trust against the real property located at ———.The chapter 7 trustee, who has filed a report of no distribution, did not appear.The debtor who filed a prose response to motion, appeared in person.The debtor’s response raises a plethora of arguments.The debtor has, however,raised a possibly meritorious issue as to whether Indy Mac is the real party in interest and whether it has standing to enforce the deed of trust. Resolution of that issue–to the extent it is not mooted by the granting of discharge to the debtor in the interim–will require an evidentiary hearing.It is ,accordingly,
    ORDERED:
    1. The automatic stay is continued in full force and effect pending the earlier of (a) the granting of discharge to the debtor or (b) the court’s ruling at final hearing—-which shall be an evidentiary hearing at which witness may testify—to be held on 05/06/2009 at 11:00am. If the debtor is granted a discharge, no further hearing shall be held, and the movant may submit for entry an order granting relief as to chapter 7 trustee and determining that the automatic stay has terminated with respect to the enforcement of Deed of Trust against the debtor’s interest in the property, but without prejudice to the debtor’s right to challenge, in any court of appropriate jurisdiction, the movant’s right under applicable non bankruptcy law to enforce the deed of trust.
    2. The clerk will mail a copy of this order , or give electronic notice of its entry to the parties listed below.
    Date 04/09/2009 Sd—
    United Bankruptcy Judge
    Entered on Docket:04/09/2009

  5. For Martin comment on april 13

    I am also in the same boat as you are. I think it’s better to go Pro Se all the way.
    I also have a Legal advocate lawyer who seems to be
    working in a defeated altitude . They don’t get it.
    They are tic tock …..the judge is always right ,my esqiure tells me that I am are living rent free.

    These stock market investment banks have screwed everyone who had a pension, investment of Billons of dollors .
    And my lawyer is worried that I am living rent free..

    What am I to do …keep paying my mortgage during the foreclosure.? He ‘s even advised me to seek help on my possible homelessness. He also said I could be arrested if I don’t leave the foreclosed property. pronto .

    Wow o Wow …I think more and more .. that the investment banker ,the government ,and the justice system are in bed together .

    screw the middle class , throw them out to the street.
    we don’t need them . We have the US government piling in the money. Lets keep ripping off everyone we can get…..
    I know how you feel ….Martin….

  6. Neil,

    Fisrt, let me thank you for putting up the website and all teh terrific information on it, it’s been an invaluable resource.

    I have a question in regards to my loan with HomeBanc. During the process of gathering information on thier business practices, I stumbled across an item from the WSJ blog in re omeBanc stiffing their attroneys even in bankruptcy. The pertinent paragraph is this:

    “Anyone that wanted to handle HomeBanc’s once-lucrative business had to agree to go to the real estate closing table with checks drawn on their escrow accounts to cover home loans, even though HomeBanc’s payment had not cleared.”

    http://blogs.wsj.com/bankruptcy/2009/03/12/homebanc-burns-another-batch-of-lawyers/?mod=rss_WSJBlog

    My question… isn’t this a blatant violation of TILA? It seems to me that if you are requiring your attorneys to pay out of THEIR OWN ESCROW accounts then, HomeBanc is not the true lender, but that the closing attorney was the actual lender, since it was THEIR funds.

    What do you think?

  7. I met with a non-profit lawyer today, presented him with the Motion for Summary Judgment as well as my case for a motion to dismiss on 1) Countrywide has no standing as Plaintiff 2) The Plaintiff failed to provide discovery regarding chain of title documents 3) Fraud.

    The attorney is basically pushing me towards a loan modification, but he is very skeptical about my intent to stay in my home, even though he has admitted the note was not properly endorsed and Countrywide is not holder in due course.
    I don’t trust him, even though he’s non profit, the State Justice system has even recently launched a program to prevent foreclosures….but this guy is not giving me the slightest reason to be hopeful about getting this dismissed. Even though he said they had not produced any endorsed Note.

    What are your thoughts guys and gals, much appreciated. I am happy that Countrywide has no standing as I had long suspected.

  8. The web site is up and running very well, it is good and has a lot of information, some is factual and some may be speculative, but over all it allows many eyes to open to the reality of our Royal Bankster Class, that by the way feel they are being vilified. I am so concerned about people realizing how corrupt these guys and ladies are that I cannot sleep well at night. They never stopped to think how many millions of American families would lose their savings, retirements, and their sleep and some even their lives in the scam they created.

    It is also very interesting how some of these Banksters were broke three months ago and now they are posting $3,000,000,000.00 in profits (TAXPAYER MONEY?), but the stress tests are showing real financial weaknesses.

    When are we going to realize that we must fight for our homes and rights. Thanks for the heroes that put this blog together everyday.

  9. I have been trying to open this website. However, my computer freezes every time I click on the link. I have tries to type the URL and the same thing happens.

    Has anyone else had this problem or is it just my computer?

    Alina

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