Editor’s Note: This is no mere technicality. If the service is bad, so is the rest of the proceeding, unless service is waived.
From Ann, and Courtesy of Matt Weidner
DEFECTIVE SUMMON SERVICE PROCESS – FORECLOSURE
LAWSUIT , SALES CAN BE VOID
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http://www.mattweidnerlaw.com/blog
Defendants are Not Getting Notice / Due Process in Foreclosure Cases
Our entire justice system is based on the quaint notion that lawyers and their employees, like process servers, are telling the truth. Here’s a big secret…….THEY’RE NOT ALL TELLING THE TRUTH.
The depositions from David Sterns’ employees describe disturbing, systemic failures and abuses of the system and reports rolling in from all over the state of flawed Service of Process and no notice of hearings and proceedings are very disturbing. Process servers are not delivering proper service on Defendants and some of the foreclosure mills in some cases are not sending notices of hearings and other pleadings to defendants. Any defense practitioner can cite any number of cases where they are not receiving hearing notices and pleadings….and if it’s happening when a Defendant is represented by counsel, what do you think is happening to unrepresented people? Let me sketch this out on a chart….
No Service of Process = No Due Process
No Service of Process = The Homeowner Still Owns The Home
Homeowner Ownership Claims = Massive Title Insurance Claims
Massive Title Insurance = Insolvency of the Title Insurance Market
Just wait until the smaller local press picks up on these issues and starts advising the minority members of the community about their Constitutional Right to Due Process. (The minority communities are going to be hardest hit by abuses by the process servers and the trash out companies.) It’s going to be hard to explain how Rosita Diaz got served on January 1, 2009 in Miami Dade when she just happened to be in Puerto Rico at the time. Process in some cases is just thrown on doorsteps or tossed at strangers….but we know that in too many cases, the process servers have abused the process. Forget about Robo Signers, Sewer Servers are where the real title claims are going to come from and you cannot just ignore those issues.
Attached below is an example of claims of no service based on a local attorney who I know well. I am certain that this attorney has absolute confidence and belief in his client’s claims and we are going to see many more such claims going forward. Remember, there are no statues of limitations on No Service of Process claims and that any Final Judgments or Titles to property based on fraudulent service of process is void. I expect that we’re going to hear wild stories and see quite a bit of documentation that will show just how out of control and flawed the process servers have become in the middle of this foreclosure chaos…..
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/10/NoService.pdf
Take a look your summon servce process to find any defec then file Motion to Quash Service and Vacate the Jugdment if applicablet,
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud |
we have to get them at their roots. the default services, the ones supposedly Substituted as Trustees, serving Notice of Defaults and Notice of Trustees sales are horrible criminals. I mean they are high classed white collared theives!!!!! And they are effing us every which way. We have to band together, it’s going to get way worse. My Substitute Trustee put an address and phone number that led to a voice mailbox that was always full and the address, well letters always got returned and i finally asked someone that lived near there and they aren’t even at that address, and its the address they have with the SOS (Secretary of State). Unfrickinbelievable!!!! we have to get them one by one like they are getting us. There are no regulators, “budget cuts” and complaints go no where, so I’m told, unless they have 500 complaints against the same company for the same offense, then they will investigate. If you have Recontrust or UTLS, please email me. I just started a facebook page and I’ll see how it goes. We have to connect somehow. I know i’ve commented here before, (love ya Neil) but then i never remember where and don’t know if anyone commented back. So my facebook name is “Pretender Lender Ender.” Please, put you Pretender Lender or Bankster there. I’m on a roll and will possibly be meeting with a news station (big one) soon. so if you have Recontrust, MetLife Home Loans, Nationstar, Cuntrywide, or have the names Marcia Williams, Darla duncan, Victoria Jiminez, Sherry Sumerauer, Robert G. Hall, Rogelio ? and there are more….we can band together. There is no such thing as Bank of America, and Chase, and Bayview Loan Servicing, LLC, and Citimortgage N.A…..they are all one, and do this together and therefore are worth over 300 billion dollars. They say, if you want what someone has, do what they do. Well, we have to stick together, because the sad truth is the attorneys are double dippin and we are therefore double trippin….Motion to Dismiss 12(b) and there goes your money and guess what….don’t ya know your attorney got a call and maybe a car or a nice vacation in addition to your money? Go on the facebook Pretender Lender Ender, and share it with everyone you know who is being strung along, on hold listening to depressing music and then get either an idiot or a dial tone. I hope to hear from you, I’m fighting for us, I really am…and as you know, you can’t put a price tag on what we are doing….it literally costs us our life if we wanna fight for justice here. BTW, i wasn’t even served by mail. The 3 day, well, my friend walked outside and saw the guy and then i saw him from the window and he posted it on the door. then at the courthouse i went and looked at the file and it was a certificate of service from “April.” Anyone know any guys named April? She also said she put it in the mail…nope. And then the UD came the other day, and I was on the phone ordering a new faucet for the kitchen, and the doorbell rang. My brother told him to hold on that i’ll be off the phone in a minute (he asked for me). My brother closed the door and as soon as he closed it, the guy rang the bell again. My brother opened the door and the guy said, “you’ve been served, i got a physical description.” The first time, I looked at him and held my finger up, as to say, “just one minute.” I guess since he saw me, he decided to serve me like that and he threw the papers on the front door step and said that to my brother. I saw it but didn’t hear it but could see him from the kitchen. I hung up, took a pic of the papers on the floor and I was floored. He didn’t even say it was a summons and complaint. Then I saw he checked the box, “personal service.” I’m the only defendant, and we never spoke or anything and he just threw them on the floor. I guess since he checked that box, he didn’t have to mail them. But the whole thing from the very beginning is the biggest Fraud Fire you could ever imagine. Just bundle every shocking bit you’ve read together from these pretender lenders/banksters, and default servicers, and yup, it’s happened to me. not to mention every one of my docs are signed by verified robo signers. Well, tomorrow I’m going to work on Quashing this one, and then I’m going to file something at the county recorders. Put your servicer, lender, or if you think they are still a “bank” put your bank, and the names that signed your docs, and together we’ll stand! (Always praying and giving Glory to God) cinderfrickinrella@gmail.com
Yes it is all over…Deutsche Bank is also being sued by Italy. So it’s not only in America that it’s happening in, it’s happening all over.
We must prevent them from sweeping the truth under the carpet. We must contact our representatives and tell them what we know. The worst fraud/scam ever slammed against homeowners, investors and the people of the U.S. and NOW Europe is getting into the game. They do not like being scammed either. Hopefully, Europe or any other foreign country that was bamboozled will keep the ball rolling so it will roll over the mega banks. http://www.ChallengingForeclosure.com Burmese8@yahoo.com
IN VIRGINIA THE FORECLOSURE MILL ATTORNEYS ARE BRINGING IN FRESHLY PRINTED COPIES OF THE NOTES, SOMETIMES THREE VERSIONS AT A TIME. AND THE STATE BAR ASSOCIATION AND OTHER REGULATORY AGENCIES AND EVEN SOME JUDGES STILL FEEL THAT TO LIE AND CHEAT IN COURT IS JUSTIFIED BECAUSE THE BORROWER OR PROPERTY OWNER MAY HAVE ALLEGEDLY FALLEN BEHIND ON HIS ALLEGED MORTGAGE PAYMENTS.
IF THE PAPER WORK IS FRAUDULENT AND INCONSISTENT TO SAY THE LEAST, THEN THE ACCOUNTING IS FOR SURE MALICIOUS AND FULL OF FRAUD.
I HAVE A CLIENT THAT AFTER BEING IN A LOAN MOD FOR TWO YEARS IS BEING FORECLOSED BY THE SAME SERVICER THAT SENT HIM PAPERS OF THE APPROVAL OF THE LOAN MOD FOR FAILURE TO MAKE THE MORTGAGE PAYMENTS. THE 24 MONTHS OF LOAN MOD PAYMENTS ARE MISSION FROM HIS RECORD. THE SERVICER IS EMC AND THE SAME DAY THEY SENT HIM A FORECLOSURE LETTER, THEY TRANSFERRED HIS LOAN TO A PREDATORY SUBSIDIARY MARIX. ACCORDING TO MARIX, EMC OWN THE NOTE AND THE DEED OF TRUST, (THE SERVICERS DO NOT OWN CRAP), AND THAT THE DEBT OBLIGATION IS MISSIING, THE AFFIDAVIT IS SIGNED BY A ROBO SIGNER, THE EMC VICE PRESIDENT IS IN SOME OFFICE IN NC AND THE NOTARY IN SOME TOWN IN TEXAS, NO DATES ON THE AFFIDAVIT. THE NON JUDICIAL STATE FORECLOSURE MILLS STILL CONTINUE USING THE SAME CRAP THE CALLED MISTAKES. THEY ARE NOT MISTAKES, IT IS INTENTIONAL AND CRIMINAL.
If you can’t even get your service of process right, you have one screwed up attorney prosecuting these matters. Maybe they are not using attorneys after all? Yes, I see you are saying sewer servers, but the attorney’s license is at stake, too. How bad can this mess get?
http://www.challengingforeclosure.com Burmese8@yahoo.com
These people are getting more and more pathetic by the minute. Something similar happened to my family. They claimed they served a 10 notice to quit to a white man, 5’4 to 5’7 , 31 to 39 yrs old, 150-174lbs with black hair and also claimed to have asked the individual if they were in the service. The sad part is that we’re not white and the only male that’s here is AFRO AMERICAN, bald head with a large frame and over 6 feet tall in his twenties. So you figure out the rest….FRAUD
Boy do i feel for these idiots on judgement day.