Livinglies's Weblog

After reading my blog a client shared with me the details of how he won his case. This win followed up on my previously announced strategy of using mediation to flush out the fraudulent nature of the claimant and the claim for foreclosure.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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The idea of a pre mediation order had not occurred to me until I received this email. I have edited his story to present the following:

1.  CURRENT STATUS:  Last mortgage Payment was June 2008

2.  FORECLOSURE CASE:  Won Pro Se in June 2011 as a Dismissal With Prejudice.

3.  HOW THE CASE WAS WON:
A.  At the 2009 beginning of the court hearings, a state-wide order from the Florida Supreme Court was in effect which required MEDIATION between the parties before any foreclosure case could proceed.
B.  The local court having ordered the mediation, I suspected a scam on the part  of the REMIC TRUST Plaintiff, BONY, as being the legitimate owner of the mortgage.
C.  I therefore moved the court for a “pre-mediation order” requiring the Plaintiff bank to provide the following:
                         1.  the name of the mediating bank representative who would attend,
                         2.  the description of his/her official position with the bank,
                         3.  his /her formal title, and
                         4.  all of the above disclosure must be provided on BONY letterhead.

D.  Two scheduled mediation sessions later, without the mediator information provided, I then moved for An Order To Compel Mediation Credentials.
E.   The Order was signed and issued by the Chief Judge, which at the time put the attorney (the Marshal gang) in jeopardy of state sanctions if disobeyed.
F.   Regardless, that Order to Compel was disregarded by the attorney who
proceeded to attempt a mediation appointment with me for the  third time anyway.
G.  After I once again refused to attend the mediation without the discovery in hand, the attorney said over the phone, “Ok, we will just tell the Judge that you refused to cooperate with the mediation Order.”
H.  I was elated because they had already failed to comply with the earlier Order to Complete Mediation Credentials.  I was afraid that they would drag some “taxi driver” into the mediation session saying that he “represented the bank!”
I.  So the attorney informed the judge that I had refused to mediate.
J.  A few months later, I moved for a thorough “Evidentiary Hearing,” during which the mediation failure on my part came out.
H. When the judge saw that the Chief Judge’s Mediation Credentials Order had been disobeyed, AND THAT the Plaintiff attorney had lied to the court blaming me for the mediation failure, the judge dismissed the entire case on the spot and issued his written order a few weeks later with the “with prejudice” designation for “egregious” conduct on the part of the Plaintiff!  Game Over.

4.  So now you know why and how I got the only foreclosure attempt dismissed with prejudice in 2011 and why I have stayed in my home without making mortgage payments since 2008.

5.  The pretender lender was Countrywide who gladly accepted my first 12 on-time payments,  it then assigned the loan executed through Marshall Fields to BONY.

6.  BoA serviced the “dismissed” loan for a few months and then transferred servicing to Ocwen, who made their monthly attempts to collect until they discovered that BoA had “written off” the loan altogether.  Ocwen washed their hands of the account and it now resides with Shellpoint Servicing who has been trying to collect ever since about 2014.  As you might imagine, I have paid only for the first 12 payments on the loan, after which I got the 13th month bill for more than I had been told on that fateful phone call with the broker.  I have made no payments since June 2008.

7.  A few months before the 3-year RESCISSION deadline, I did send that letter to BoA in 2010, citing failure to provide “pre-closing “ loan terms disclosure before the loan closed about two weeks later.  The loan broker grossly misrepresented the terms of repayment on the initial phone contact by me.  Had I known what was coming, I would have been forced to reject the suicidal loan altogether, even after their Landsafe appraiser set a highly inflated value on the property to “help me to qualify.”

8.  No action was taken to refund my first- year payments and other fees, so I have been waiting ever after for a second foreclosure attempt or for the courage to file a Quiet Title suit.

9.  I almost prefer to wait for another foreclosure action so that I can clean their clock as an informed Defendant.

Filed under: foreclosure |