2. 11.05.10 UTAH WM-BofA-Rec-on-Trust-Class-Action-Complaint[1]
  3. 11.04.10GMAC-Complaint-w-Case-No.-110410
  4. template-complaint1

  5. TRO GRANTED: excellent-mers-analysis-illegal-scheme-to-avoidevade-state-law-taxes-fees-fines-penalties
  6. motion-for-consolidation-is-sometimes-enough
  7. superb-complaint-piercing-the-heart-of-deutsch-bank%E2%80%99s-authority-to-collect-money-file-suit-seeking-recovery-of-property-and-money-through-receiver-and-damages-against-the-lawyers-who-filed-t

  8. California: unlawful-detainer-and-questions-of-title

  9. federal-courts-provide-foreclosure-victim-a-stay-from-eviction-la-homeowner-refuses-to-yield-claiming-unlawful-foreclosure

  10. motion-to-quash-carr

  11. Florida Motion to Vacate Summary Default Judgment delia-frclsrmotionvacatejudgmentv1

  12. delia-motion-to-set-amount-for-redemption

  13. EXCELLENT ALABAMA COMPLAINT ANALYZING SEQUENCE OF ENDORSEMENTS AND ASSIGNMENTS: lombard-v-us-bankcomplaint-alleging-multiple-causes-of-actiongreenwich-investor-complaint-against-countrywide-describing-securitization-in-simple-termscomplaint-attacking-assingment-with-secfilings-cited-re-us-bank

  14. QUIET TITLEminnesota-declaratory-relief-and-request-to-produce-note-almost-quiet-title

  15. cyruswellstexascase-excellent-verbiage-on-securitization-conspiracy-with-charts-and-causes-of-action

  16. Complaint Attacking Assignment with Sec Filings US Bank

  17. complaint-re-wild-deed-of-trust

  18. delia-motion-to-set-amount-for-redemptioncountrywide_class_action_defense_stay_orddefendants_motion_to_dismiss_for_lack_of_subject_matter_jurisdiction

  19. response-to-defective-affidavit-motion-to-strike

  20. contested-matter-subpoena For Federal Court Proceeding

57 Responses

  1. It is such a cold and impersonal process that banks, created to help families and individuals, engage in. It ends up that they do the exact opposite and instead work to destroy dreams. Too big to fail? Does that mean that banks are also too big to be held accountable for their own mistakes and misdeeds? They don’t, won’t and shouldn’t have the last word! Some of us fight back and equally as hard-determined to prevail.

  2. As I am reading this I am remembering the utter hell that myself and my family were going through fighting to keep and stay in our own self built home —- a dream of many years only to abruptly having the proverbial rug pulled right from under us. They owned no paper and had sold to many investors with no paper trail. LEGAL? I THINK NOT! The homeowners, the investors, most who were legitimate. The people who were thrown out into the street…atrocities. Big BANKS and their moms and dads…beware…the day is here. 

  3. What can be done when foreclosure proceedings have escalated and owner has not presented defense? elderly owner operating pro se in nassau county ny. also alleges fraudulent mortgage docs. WAS paying debts not owned until no longer affordable and realized unowned debt. need help asap. time is critical.

  4. Breaking News:

    Yvanova update: Appellate courts try to erode away “Standing” again….

    This is long but poorly constructed opinion with few references as to why NY law should apply, why beneficiaries can authorize wrongful acts or how such even occurs. Loads of discrepancies in this opinion for you to read and comment on.
    Here is your cite:


  6. Cede and Company _ armstrong and Teasdale . hold over trust
    JPMorgan chase , non profit organizations

  7. It is interesting to go back in time

  8. Dear Kamal,
    Please contact our customer service department either by phone at 520-405-1688, or by email at
    Thank you,

  9. Did not receive the attorney
    Workbook latest edition
    Already paid for it
    Please update

  10. Need Help:

    I finished building 10,000sf residence (yes, I HAD money) at the exact time I was in a custody battle for my kids from a crazy drunk and the economy collapsed. My $60mm/yr company went down to $7mm. I called Captial One for help 12/10. Was just about to miss my first payment. I was given a payment schedule from a representative that I thought was great/ He told me I don’t need to pay that months payment and to fill out modification request. I moved out wih my kids to try and rent it. Moved out on 12/26. On 12/28 they did brokers appraisal and the pictures showed the house was empty. I was denied a modification because I was not occupying and told that all of the numbers I was given were innacurate and the bank representative would be scolded for providing it. I am then told I have to come up with 3 months mortage ($36k/mo) or I would be in default. I had no income, no money. One failed attempt at a short sale (buyer walked 1 week before) and then one month ago I got an offer for $2.8mm plus buyer would resolve 2nd mortage (which happens to be my father for $400k). All cash, no contingencies. My lawyer presented it to the bank and they never responded. Buyer walked. The bank had two appraisals done. One was $2.3mm, the other was $2.8mm. Through a lawyer that knows the banks attorney, they werent going to approve it because my father might be getting something. They would have gotten multiples of what they will in an auction. They will take my house within months. If they gave me that modification I would have been able to make payments. Credit ruined to boot. What do I do?

  11. For research and educational purposes, I have collected a lots of info, Court rulings and legal pleadings/forms related to Foreclosure Defense at

    Some more forms and info at

    These are free sites. Hope it helps .

  12. I was served with a summons today to foreclose on my home. It states I have 20 days to provide a written answer. This is in Wisconsin, can anyone tell me what I should write as I do owe the money but can not no longer afford my payments due to heath issues that happened and lower income. I have lived in my home 17 years and am down to 8 years left to pay and now I am going to lose my home. I went through a loan modification in 2008 when I was behind but it actually raised my monthly payment insurance and taxes added to my payment and arrears added so my payment was raised 300 a month has been a battle every since. I am aware I will end up losing my home but do not know what I need to write to the courts.

  13. New ! Florida Answer with Affirmative Defenses and CounterClaim (TILA, RESPA etc).

    Case dismissed WITH Prejudice.

    Interesting pleading – For research purpose

  14. Does anyone have an Answer to a foreclosure complaint I can use?

    Thanks Dillon Graham Esq. 305-445-9185
    Download it at

  16. Re: Non-judiciary Foreclosure in Hawaii. I need help to stop fclsr in Hawaii. I have quite a bit of research completed. Case law is difficult to search and many cases not posted. Hawaii courts and government servants sabotage pro se litigants, giving no regard at all. If anyone can direct me to good source or direct knowledge of case law for UCC-3 Termination by Debtor and for homestead. I am preparing petition to Land Court to acknowledge filing of UCC-3 Financing Statement Amendment-Termination by Debtor, and to amend Certif. of Title to remove the MERS Mtge encumbrances. Countrywide Home Loans, Inc. is who the original papers were signed with, then, without notice, Bank of America Home Loans began the monthly billing, and the foreclosure is being handled by BAC Home Loans Servicing. YHWH has blessed the work by 5 sale postponements since 2/20/10. They are not producing Note, holder in due course, other validation of debt, and MERS is “Mortgagee” on Certif of Title. Sound, ready to use help very much appreciated or links to same. Once successfuly, we will help others.

  17. Been fighting our case pro se for over a year and a half. Our appeal in District Court was dismissed in favor of the bank and we had to move. We have until August 6 to file with the Supreme Court of Colorado. Have been looking for a template for the filing if anyone can help would appreciate it.
    Still have a Quiet Title pending in District Court, trying to figure out how to do everything.
    People involved are Deutsche Bank National Trust, Indymac Federal Bank, FSB and now One West Bank, FSB

  18. Cynthia Goford,

    Post your email and we can swap information and strategy.

  19. We are still in our home but were forclosed on. We are fighting. Any information or help would be appreciated. I am willing to share my info as well. My bank is ASC/Wells fargo, home stole at trustee sale by Freddie Mac.
    Kind Regards,

  20. We were served with a foreclosure complaint on March 21, 2010. We need to respond within 35 days. How do I go about responding to the complaint. What do I need to put in my answer ?

    TIA ~

    **Little background info**

    Wells Fargo is the servicer. My note says National Bank of Kansas is the lender and my deed of trust names MERS as a nominee. No mention of MERS on the note. MERS assigned the mortgage to Wells Fargo on 1/29/2010 . But it is not recorded.

  21. Any suggestions for defenses for Wisconsin? A friend told me about this site and thought he read that a request can be made for original documents. Is this true?

  22. bt,

    I found a Quiet Title action –ready for court (Fl.)call me if still interested–941 377-9930


    does anyone have a quiet title action for securtized trust notes/deeds?

    looking for 1) Florida and also 2) non-judicial state

    Rock on Garfield!

  24. Very interesting, 2008 docs for Minn. Declaratory Relief etc. The foreclosing attorney signed the Assigments himself, from MERS.

  25. hello i am in battle with lasalle too, i would like to exchange ideas and strategies please email me at thanks dave schaar

  26. donald- it sounds like you are in a foreclosure battle with Lasalle, so am i, coudl we compare notes?

  27. The judge denied my motion despite the fact that they had not produced anything. A friend of mine used the same motion and that judge in a different county gave the plaintiff 10 days to produce. I have now to answer within 20 days

  28. Donald,

    How did your hearing go?


  29. Thank you Alina I just faxed an objection to their admissions as they took 90 days to respond. I asked the court to enter the following as admitted and dismiss with prejudice.

    1.That LA SALLE BANK N.A. is not domestic to the state of Florida.
    2.That LA SALLE BANK N.A. has not registered as a business entity with Florida’s Secretary of State.
    3.That LA SALLE BANK N.A. is not chartered as a bank in Florida.
    4.That LA SALLE BANK N.A. never at any time took possession of the original promissory note obligating (Removed) and/or alienable in their instant case.
    5.That the alleged copy of the promissory note submitted as plaintiff’s “Exhibit A” attached to the named plaintiffs complaint is not a true and correct copy of any promissory note which LA SALLE BANK N.A. lost or destroyed.
    6.That the alleged copy of the promissory note submitted as plaintiffs “Exhibit A” attached to the named plaintiffs complaint includes no allonge showing any assignment to named plaintiff LA SALLE BANK N.A.
    7.That no paper showing any assignment of the promissory note alienable in their instant case to named plaintiff LA SALLE BANK N.A. ever existed.
    8.That LA SALLE BANK N.A. is not in possession of the account and general ledger statement, authenticated by a competent fact witness, proving a deficiency owed by (Removed)
    9.That absent possession of the account and general ledger statement, authenticated by a competent fact witness, proving a deficiency owed by (Removed) LA SALLE BANK N.A. cannot prove a deficiency owed by (Removed) .
    10.That it is the practice of LA SALLE BANK N.A. to charge-off and sell notes in arrears after collecting insurance on the outstanding amount of indebtedness.
    11.That after LA SALLE BANK N.A. charges off and sells evidence of indebtedness; the commercial paper illustrating the duty between the mortgagor and mortgagee or assignee becomes legally uncollectible.
    12.That LA SALLE BANK N.A. is not the real party in interest in these proceedings.
    13.That LA SALLE BANK N.A. has not contracted with (Removed) to represent LA SALLE BANK N.A. in these proceedings.

  30. Donald,

    Ex-parte is a hearing in which a judge issues an order or verdict without the necessity of all the parties involved being present. The reason I ask is because, in my case, opposing counsel noticed my motion for a hearing. It turned out it was ex-parte, something opposing counsel forgot or intentionall left out of the notice. I think opposing counsel was banking on my not being present and this would afford him the opportunity to get a default. I ruined his day.

    I just realized it may be too late to do a cross-notice of your motion to compel, but you can try anyway. You need to check the local rules to find out what the procedure for a cross-notice is in your county. Some counties require you to clear the cross-notice with opposing counsel before allowing the cross-notice to be set and, in some counties, there is also a time limit for notifying opposing counsel of the cross-notice.

    You mention in your email that you sent admissions and they did not respond. Per the Florida Rules of Civil Procedure, the admissions are deemed admitted if opposing party fails to admit or deny within 30 days.

    Florida Rules of Civil Procedure 1.370(a) – The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow…

    Also, under the link for Florida Laws on this blog, there is a link for fl-statute-90. Fla. Stat. 90 is the Florida Evidence Code. This link will give you a pdf with some relevant case law regarding the fact that in Florida the original note is mandatory.


  31. Alina

    I do not know what EX-Parte means to me, and I have requested hearing previously by writing to the judge and get nowhere so I guess I do not know how to do that. All I have been doing is responding to them. and they do not respond to me.


  32. Donald,

    It seems that this is the way these attorneys operate. I am appalled by their apathetic approach to everything. I have worked as a civil litigation trial paralegal for 20 years and have never seen attorneys totally ignore properly served pleadings. I believe, at least in Florida, that there are no hard core sanctions for not responding to discovery. As a matter of fact, opposing counsel did not even appear for the hearing on my Motion to Dismiss.

    I have worked on cases in Texas, California, Georgia, and the federal courts where there are steep sanctions for jerking the other side around. This is one reason why I filed a federal action. You do not anger a federal judge and live to tell about it.

    I would make a timeline of the case for the hearing. I would also schedule the Motion to Compel at the same time as the Motion to Dismiss so the judge hears both motions. Are you set on an ex-parte calendar?


  33. They did attach the original mortgage which does not name them. That is in conflict with their pleading and I believe a reason to dismiss. It has taken them 9 months since I sent the original Motion to Dismiss to schedule a hearing, they submitted a default which the Judge granted. I wrote directly to the judge and he reversed the default. it was then they set the hearing. I filed a notice and a request to produce with admissions and interogatories they answered the admissions but never produced the documents. I have sent a motion to compel and requested a hearing within 30days which has passed with no hearing. I do not think they can show anything to back their case.

  34. That is odd that they have not attached anything. That is a requirement per the Florida Rules of Civil Procedure:

    (a) Instruments Attached. All bonds, notes, bills
    of exchange, contracts, accounts, or documents upon
    which action may be brought or defense made, or a
    copy thereof or a copy of the portions thereof
    material to the pleadings, shall be incorporated in or
    attached to the pleading. No papers shall be
    unnecessarily annexed as exhibits. The pleadings
    shall contain no unnecessary recitals of deeds,
    documents, contracts, or other instruments.

    As a paralegal, I have worked on several breach of contract cases in Florida and know that without a copy of the contract and any other pertinent documents attached to your complaint, it will be dismissed.

    As for the QWR, the same thing has happened here. I have sent 3 so far and no response. I sent rescission letters to all a year ago, no response. As a matter of fact, I have filed a federal suit against all with a Lis Pendens.

    It took them 6 months to agree to schedule my Motion for Dismissal. They kept stalling because they said they needed time to gather their documents.

    I wish you the best luck on your motion.


  35. Donald,

    I misstated when I wrote “Johns v, Gillian does not state that a party is entitled to foreclose in equity upon proof of purchase of the debt even if there is no written assignment.” Just disregard that sentence entirely.

    I meant to say that Johns v. Gillian deals with a transfer of a “debt” (note) and the fact that a mortgage always follows the note, not the other way around. So if there is a transfer of the note and the holder in due course can prove the purchase of the note (consideration), then you do not need an assignment of the mortgage in Florida. Look up F.S. §§673.3021 and 673.3031.

    Sorry if I may have confused you. Sometimes I think way faster than I type.


  36. Thank you Alina the hearing is on the 23rd. They have not produced anything to show they own the mortgage or the note or a financial transaction showing they paid for it. I plan to rescind as there are TILA and RESPA issues. also neither the the original lender or the entity suing has responded to my QWR.


  37. Donald,

    Johns v, Gillian does not state that a party is entitled to foreclose in equity upon proof of purchase of the debt even if there is no written assignment. It states:
    “that a mortgage is but an incident to the debt, the payment of which it secures, and its ownership follows the assignment of the debt. If the note or other debt secured by a mortgage be transferred without any formal assignment of the mortgage, or even a delivery of it, the mortgage in equity passes as an incident to the debt, unless there be
    some plain and clear agreement to the contrary, if that be the intention of the parties.”

    I have to preface this by saying that I am not an attorney and this is not legal advise. Having said that, my interpretation is that the mortgage follows the note, not the other way around. In Florida, a note does not need to be recorded. Therefore, if the note has been transferred/assigned, the mortgage would automatically follow.

    However, if a mortgage has been assigned without the note, that is a nullity. For a better explanation look at the recent CA decision Saxon Mortgage Services, Inc., et al v. Ruthie B. Hillery, et al,. 2008 U.S. Dist. LEXIS 100056.

    Additionally, the apparent rule in Florida is that an assignment of a mortgage without an assignment of the related mortgage note is deemed a nullity and creates no right in the assignee because a mortgage is a mere lien incidental to the obligation it secures. 37 Fla. Jur. 2nd, Mortgages, Section 511. See e.g., Sobel v. Mutual Development, Inc., 313 So.2d 77 (Fla. 1st DCA 1975). Vance v. Fields, 172 So.2d 613 (Fla. 1st DCA 1965).


  38. Donald,

    This is one of the arguments I used:

    The Defendants recognize the precedent set in WM Specialty Mortgage, LLC v. Salmon, 874 So.2d 680 (Fla 4th DCA 2004) regarding the assignment of a mortgage. However as the Second District Court of Appeals noted, standing requires that the party prosecuting the action have a sufficient stake in the outcome and that the party bringing the claim be recognized in the law as being a real party in interest entitled to bring the claim as of the date of the commencement of the action.

    During the hearing on my Motion to Dismiss, the judge did not buy the arguments made by plaintiffs’ counsel which were identical to the ones you posted. I lost my motion on other grounds though and filed an answer and affirmative defenses. Opposing counsel sent me a “sample” reply with the exact language you posted.

    I am in the process of researching their case law to see if it’s still good case law. I will keep you posted on what I find.

    When is your hearing on the Motion to Dismiss?

    I don’t know if we are allowed to post opposing counsel’s name or law firm on this blog, but I suspect the law firm you are dealing with is the same one I am dealing with. The verbiage used is identical.

  39. Hi I have a hearing on April 23rd (Florida) for my motion to dismiss can anyone point me to answers to the following responses from the plaintiff

    4. Failure ofthe Plaintiff to attach a copy of the Assignment of Mortgage is not a sufficient basis
    for an action to be dismissed. Pursuant to Florida law, it is not required to “attach a written and recorded assignment of mortgage in order to maintain a foreclosure action.” Chemical Residential Mortgage v. Rector, 742 So.2d 300 (Fla. lSI D.C.A. 1998). In addition, in Johns v. Gillian, the Florida Supreme Court noted that the transfer ofthe note or obligation is the same as the Assignment itself and it is not necessary that mortgage papers be passed or even that
    a written Assignment be made. 134 Fla. 575; 184 So. 140 (Fla. 1938). In fact, the Florida Supreme Court further supported its conclusion by stating that any form of Assignment of a mortgage, which transfers … the interest to the assignee, will entitle him to maintain an action for foreclosure. /d. at 582. Finally, Florida law also allows for a note or debt secured by a mortgage to be transferred without any formal assignment of mortgage or delivery ofit WMSpecialty Mortgage, LLC v. Salomon, 2004 WL 1161839 (Fla 4th D.C.A.) citing Johns v. Gillian. In WM Specialty Mortgage, the co~ concluded based on Johns v, Gillian rationale that a party is entitled to foreclose in equity upon proof of purchase of the debt even if there is no written assignment. /d. a,t *2

    5. Failure of the Plaintiff to attach a copy ofthe Note to the Complaint is not a sufficient basis for an
    action to be dismissed. Pursuant to Florida law, a litigant is entitled to the opportunity to prove up the existence of a contract. National Loan Investors v. Joymar Assoc., 767 So.2d 549 (Fla. 3rd D.C.A. 2000); Amiker v. Mid-Century Ins. Co., 398 So.2d 974 (Fla. 1sl D.C.A. 1981); Helton v. Gunderson, 802 So.2d 1152 (Fla. 3rd D.C.A. 2001). The referenced Florida cases further stand for the proposition that a case should not be dismissed when a Note is not attached to the Complaint. Plaintiff currently holds the Note that is the subject of the above-referenced foreclosure

    They have not produced a note or any evidence that they own it.


  40. Anyone prepared or know of an initial response to a Lis Pendens where you are questioning “legal standing” in bringing the lawsuit into court?

    Basically, if you want to use the defense on the front page of the blog asserting that the plaintiff has no legal standing. I need to respond and am going pro se. Would like to see an example so I can prepare my own.



  41. Does anyone have experience with I would like to refer a client to the best help available for a loan modification. She lives in Orlando Florida.


  42. wondering the same thing as j stewart above in regard to a template to use to build a complaint for an ARM.


  43. What complaint template should be used if you
    have an ARM? The one complate template on the site appears not to be used for an ARM.

    J Stewart

  44. Does anyone have a good template for motion to compel production?

  45. Neil – will the link to “11.cyruswellstexascase-excellent-verbiage-on-securitization-conspiracy-with-charts-and-causes-of-action ” be enabled any time soon?

  46. Any defense against Non-Judicial foreclosure when homeowner receives the Notice of Default or Notice of Trustee Sale in California

  47. It’s on the blog. Or you can come to a seminar, or you can go to one of the attorneys or you can buy a workbook. You probably need a mortgage review and evaluation that includes a TILA Audit. Got to “In Trouble Now” on the blog.

  48. Please provide more information for non-judicial foreclosure defense.


    Here’s a career profile for one of the people who are engaged in processing those documents we are challenging in court. Counterparts to mortgage fraud investigators?


  50. Dan, though I appreciate your laudable conciliatory and bipartisan tone, you don’t know the lawless wild west nature of Miami, quite the way I do. 😉

    For all of you fellow consumer advocates, be aware there are hot new “due diligence” companies out there opening offices all over our great nation hiring underwriters and such to “repair” these document-challenged “toxic loans” that lately make the news.

    Here for instance is Hanover Capital Partners (the “authorized agent” that “assigned” my WaMu mortgage to SASCO, AND provided other dubious assignments) that has morphed into Edison Mortgage Decisioning Services (in NJ and AZ) that has itself morphed into Allon Hill. Check out what products they offer clients who may need to file lost note affidavits, or otherwise get the notes to where they could again prove collectable.


  51. Allan,
    This is not because of the Republicans and it is not because of the Democrats. Both parties are to blame and the blame is fairly equal. Where is your help from the government? I doubt there will be much. We can all work together to gather evidence but whenever a settlement is done the evidence usually cannot be used.

    Dan Edstrom

  52. “While some anti-mortgage fraud proposals have focused on amending federal law, federal law currently empowers law enforcement officials with sufficient authority and tools to combat mortgage fraud” so the MBA claims, but when I tried approaching the feds in Miami to prosecute mortgage fraud that impacted me, the feds were totally disinterested unless the amount was in excess of $1 million.

    This of course is the same Miami that delivered Florida to President Bush in 2000, and the same Miami that seems to have been given a green light to thereafter become with impunity the “fraud capital of America.”

    Any thoughts on how to get the reluctant U.S. Justice Department, severely compromised during the Bush/Cheney era, on board?


  53. any lawyers in california, need your help, asap please in riverside california.

    thank you

  54. same problem with “Complaint Attacking Assignment with Sec Filings US Bank” – link disabled –

  55. what happened to “cyruswellstexascase-excellent-verbiage-on-securitization-conspiracy-with-charts-and-causes-of-action”

    – link is disabled

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