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Filed under: foreclosure |
NEED HELP !!!
https://www.change.org/p/pres-trump-and-society-hells-fargo-a-disabled-widow-and-our-4-kids-may-be-homeless?source_location=minibar
To AnnonymousNJ-have you considered bankruptcy? you can mediate a modification or do adversay proceeding in bankkruptcy
To AnnonymousNJ – Fed or State Appeal? Not a lawyer, but have been through plenty of them and pro-se since 2009. If you want to discuss … demyan521@comcast.net
Since I’m facing losing my house to a sheriffs sale even though the Appeal has been filed regarding my timely TILA Rescission, standing, etc. …my only long shot to preserve my home pending appeal is to write a Motion to stay the sale pending appeal … The arguments have to be so persuasive and convincing for this to be granted.
Looking at NJ Appellate decisions regarding “Standing” arguments and “Fraud” that were asserted by homeowners who filed last second motions to set aside the sale due to fraud, standing, etc.. It looks like I would have to study those decisions and craft my motion in a way to line up with their thinking …here is one of those decisions where they rejected the homeowners arguments, but it gives me clues about how I should present a Motion that might succeed .. Remember that in my case Fannie Mae supposedly owns the loan , although it was last owned by Washington Mutual when they went under …so Wells Fargo fabricated a forged notary assignment and misrepresented that they received the authority to enforce … But the note they show in their papers at first was missing the stamped endorsement in blank from WaMu …and later it mysteriously appeared … So we have fraud issues regarding both the note and the assignment in my case ..
Now in the case posted below, Notice how the NJ Appellate Court looks at determining standing …assignments ….authenticating …etc.
Maybe I can figure out my game plan to file an emergency motion to stop the sale (at least to buy time for the Appeal to proceed) …
https://casetext.com/case/wells-fargo-bank-na-v-amico
Lost our home to a servicing company who said they represented a trust that was no longer in existence. Our note was put into the trust 6 months before we lost it which was about 4 years after the trust was no longer in existence. The note violated the trust agreement, the enrollment form was robo signed, I have the proof, and my attorney tried to recluse himself the day before the hearing. The judge would not allow him to do that so he fed me wrong information and I had to take cash for keys for my house. Also, the note was endorsed in blank which also violated the trust agreement.
I received a bad loan from a broker I trusted…turn out it was a predatory loan from “MortgageIt”….uhuhuhuh….clearing my throat…who was sued by U.S Justice department! I then looked for a loan mod and came across something that sounded like a way out….I won’t mention any names publicly, but this company was being investigated by State Bar of California and turned out to be not legit! Received loan mod via express mail…signed it before a notary before I sent it back, was foreclosed on anyway. In and out of court and never gave up! I stood up against all the legal language, causing my head to spin like a cyclone!!!! But in the end if I was to buy a stolen car and knew it was stolen, I would be as much at fault as the person stealing it!!! Simple language, but you had money to beat me up! It’s ok though because we all “Reap what we sow”. The Universe is the law!!
I am in the 2nd Appellate court of IL from the trial court, 22 Judicial Court McHenry Il. After removing one judge for casue and asking a s second judge who refuses to remove himself(for not knowing what is in the record, making false claim agains me,not letting me speak in court and blantantly Bullying me in the courtroom on a continuous basis) and the cheif judge allowing him to hold his own reculsal hearing. They grant a Summary judgment forthe Plaintiff on the second very different Note and MES Mortgage that was filed inot the case two years after it started. There is a MERS assignment 3 plus years late according to the PSA. MERS ssignment goes from Decision One Mortage Company who no longer existed in 2007 but cameaout of the grave tow rite the assignment in 2010. Certainly missing for value, in goodfaith and not default per the UCC. Argued UCC 3-308 no conisderation was given. Thus I do not owe anything as the did not pay for it. HIred Bill Paatalo to writ an Affidavit and he found that the Note is current and being paid by a third party. Also Condition Prescendent was never met in my case. Judge IGNORED ALL OF THIS. Plaintiff Counsel lied to the jugde saying they obeyed the judges order to file an unbroken chain of title and they said they did. THe filed a NOiceof Service of the Discovery Exhibit 2000. That’s it. It was the SECOND Note and Mortgage which had the orignal lending lender pay to the order of COUNTRYWIDE STAMP and the blank endorsement with a David Spector Stamp. Filed th e Linda DeMartini transcript in the case where she states they kept all of the notes. FIled the Rescission and the jduge still moved forward using the Second Note and Mortgage as evidence of them being a holder in Due Course and granting the second Motion for Summary Judgement. The first Summary judgemnt the Judge said “NEED I Say Perjury” about he affidavitss presented to the court. Same affidavits with the NOte tat was filed at the commencemntof the action were filed for the FIrst sumamry Judgment which was denied. Bank never proved standing. IGNORED!
Filed my Appellate brief Feb. 3, 2017, and the Appellate court lifted the stay because the court had me pay the plaintiff Bank of New York Mellon CWALT trust and they would not receive the money.. I made all of my payments pending for the stay pending the Appeal but they are not going to evict me. ThIs week end I am preparing a Writ of Mandamous. Prohibition up to the Supreme Court of Illinois to make the Appealate court put my Stay of possession backin place until they decide my case.
Hired two law firms and paid over 10 thousand dollars to them. The first one I got paid a small amount in a class action lawsuit where the proved the law firm did nothing to defend. Second one I fired as he did the same. Complaint was filed 8/3/2011, Sale was approved 7/13/2016.
Tried to do loan modifications in 2009-2010 but Bank of America refused to give me one even worked with Lisa Madigans office the attorney genreal of ILL.
Needless to say I am run down and tire but not giving up at this point.
I filled out the survey. My biggest issue I replied is exactly what I see on this post. AnonymousNJ seems to have a legit appeal/recission as per Neil’s many posts and yet 1. Is staring at fraudclosure. 2. Can’t find an attorney in NJ to help let alone defend and win. 3. Neil never replies to anyone who asks many many valid questions.
AnonymousNJ. Make sure the day before your sheriffs sale you go to the sheriffs office and request your 4 week extension.
I need input on crafting a successful Motion for Stay of Sheriffs Sale pending Appeal …the Appeal has been filed …But I just got noticed the Sheriffs Sale is set for March 21, 2017 ….the decision in the Appeal could take anywhere from 6 months to a year to be decided. So my motion for stay pending appeal really needs to be convincing. Since the case involves 1) TILA Rescission which was timely inside 3 years and the trial court denied its effect saying my Rescission letter did not say that I was tendering the money ..and 2) Standing …servicer Wells Fargo filed the complaint in 2014 based on void instruments that were rescinded in 2007 …they lack standing and the court lacks subject matter jurisdiction … Fannie Mae still today continues to say that they own the loan and that Wells Fargo is the servicer … The assignment was fabricated by Wells Fargo and misrepresents that they purchased the loan ..it was fabricated more than a year after my Rescission … My motion for stay needs to articulate why a stay would be right and just, that this case is unique and needs a review by the Appellate court before the defendant is forced to lose his home ..the reason for stay is because the recent SCOTUS decision on Jesinoski supports the defendants meritorious reasons for appeal ..his likelihood of being successful is extremely good based on the SCOTUS decision in Jesinoski …where the unanimous Court explained how lower courts have been getting it wrong for years …. The defendant has young children attending school and they would suffer the most harm by having their lives turned upside down from a wrongful foreclosure. The servicer Wells Fargo would not suffer harm from a stay pending appeal.