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Then in February of 2013, Bank of America started a second foreclosure on the cash loan places same property. This is the only recording of any transactions, from any bank, other than the original recording of the mortgage with First Magnus. This time Bank of America in count II, added in an enforcement of lost instrument. Of course I am fighting pro se again, so we will see what happens. The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet.
When I filed a motion for summary judgement, the bank filed an oppisition to my motion for SJ, in which they filed the blank endorsed note as the original note, with another sworn statement. This is clearly fraud on the court, because one of the notes is forged or both are. Tried looking up two endorsed notes in same foreclosure on the internet, but could only find one here in Florida. Figures, Florida has put retired Judges in our courts, to get rid of all the foreclosure cases, and it is all paid for from our settlement we got from the banks.
The foreclosure laws have all been changed to protect the banks of their fraud. Not that much information on the case, looks like they swept it under the rug. The courts go after the attorneys in the case for fraud on the court, give them a slap on the hand, and tell them not to do it again. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.
The lender must sue the borrower and obtain an order to foreclose. Depending on the court schedule and load, it normally takes from 180 to 200 days to complete the foreclosure process in Florida. If contested by the borrower or if the borrower files for bankruptcy, this process may be delayed further. The Florida foreclosure process begins with a Notice of Default when the lender notifies you that you are in default of your mortgage.
This is notice that you have fallen behind enough that the lender is beginning foreclosure proceedings. This typically happens after the borrower is more bad credit personal loans for 3000 than 3 payments behind. The lender will then bad credit loans michigan file a Lis Pendens, or suit pending.
This is a lawsuit against you for defaulting on your mortgage, demanding that you pay your mortgage in full. The Clerk of Court will record the Lis Pendens and you will be served. You will then have 20 days to file an answer with the court in regards to the foreclosure. By filing an answer, you will get an opportunity to present your side at a hearing overseen by a judge. Answering the complaint may also delay the time period for the foreclosure, but that is not guaranteed. There is an additional 20 day answer period before the hearing can be held.
Long story short, BOA bought loan from Countrywide. Filed Chapter 7 BK in April 2011, not reaffirming the house.
I did my own response, requesting more time, and just rode it out. Apart from a few packets for yet another loan mod and letters from realtors about short sale, nothing heard until a few days ago when we got slammed (regular mail) with a Motion for Summary Judgment. Everywhere I look on the internet it says file a response.
This forum has been a great source of comfort for me.
Thanks Just to be clear, you say you did not reaffirm. In any case, when the bank was notified - you did list them as a creditor, I hope - there was an automatic stay of the foreclosure. The bank likely filed to have the judge lift the stay to allow them to proceed with foreclosure. Ideally, the attorney will file enough objections based on documents and anything else to delay it until you can leave comfortably.
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Under the new Florida foreclosure laws, they can push a foreclosure through quickly in a Show Cause hearing but the minute there are defenses, it goes judicial which can take a loooonnnng time. Talked to an attorney and he says we can still fight it at this stage. You are not trying to quick loans with no credit check save the home, just buying time. They must serve you in person or file an affidavit to the Court that was not possible, which then allows service by publication. Or, they can just tape the service to the front door since it actually is the house being served. When you get a document from the Court , not just the lawyer, answer it.
Under the law, the plaintiff MUST file an affidavit they have the correct, original note or, they can file an affidavit that it had to be replaced if lost, under which circumstances, they have to show the chain of endorsements. Meanwhile, go talk to another lawyer who you need to make understand it is not a full foreclosure defense since the note part is not an issue. Under the law, the plaintiff MUST file an affidavit they have the correct, original note or, they can file an us payday loan affidavit that it had to be replaced if lost, under which circumstances, they have to show the chain of endorsements. Also, I got a continuance once in order to find legal representation. You can usually turn these continuance requests in prior to the scheduled date. Court rules vary but here motions (such as continuance) need to be filed a few days prior (for mail time to opposition) and on motion day you show up to request it before the judge. Yours should be first group (if it is general practice), included in with lawyers who have many and want in and out quickly.
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