Foreclosure Summons attempted in Florida Court
On 06/15, I received a court summons request from the Judicial Court in Broward County (Florida), asking for the foreclosure of my property.
This original summons had two counts: - a foreclosure action on my property due to default payments (since Oct/2008). - The plaintiff asking for restablishment of lost mortgage documents.
After reading it, I decided to file two requests in the Broward court (07/13): - First, asking the Plaintiff to produce the "Original Promissory Note Signed by Me" .
- The second, requesting an addtional 30 days to produce a response to the court.
Much before the end of these 30 days, exactly on 07/03, the Plaintiff, filed with the same court another motion for "Summary Final Judgement of Foreclosure" where the Plaintiff's lawyer says that "he made a Good Faith Attempt to resolve the matter prior to the notice" and sets the issue to be heard and resolved by the court in just 5 minutes.
I believe, this is a strategic move made by the lawyer's plaintiff to tell the judge, the case is easy to be decided and they are right and I am wrong.
First, this lawyer never attempted to contact me and furthermore I was the one who contact the mortgage payment company (since July/2008 until Mar/2009) attempting to resolve this matter (this mortgage payment company is not the plaintiff nor mentioned in the summons at all).
These are the atempts to resolve this issue since July/2008 until March/2009.On my attempts to resolve this issue I requested the assistance of a Non Profit Organization, "Nieghborhood Housing Services" in order to help me to deal legaly with this issue. On my request, I solicited a change on the mortgage terms. After few weeks, they proposed me to enter in a "Forberance plan", which I aggree and paid in full (from Oct/2008 until Feb/2009). At the end of the plan, this company, promised to make changes in the mortgage terms, facilitating the continuance of the payments. At the end, of the Forberance Plan, which I paid in full, the expected changes did not occur and they end up offering me a plan where my Mortgage Principal would be increased by more $30,000.00 dollars, when the house value on the same period had decreased more than 50% percent of its original value. Of course, I could not agree with another attempt to rip me off. I also discovered at the end, when they offered this crazy change, that they were not the owners of the note, but a collection company who have been billing me since my mortgage was bought (transfered) from the "New Century Mortgage Company to the Plaintiff.
This week, I received another court papers, made by the Plaintiff's lawyer, where he sends to the court the original mortgage note the Plaintiff's holds. This note is signed by me, and has a signature and a stamp from the VP. Records Management from New Century Mortgage Company. This paper has no other signatures and it is not notarized (which on my understanding, holds no court value).
Now, I want to know what to do next ?
Should I give up and surrender the property to Plaintiff in order to not to go to the court and end up paying court and lawyers fees uneccessarily , or fight it back because I have a winning case !!! Please, give me a good advice.
- Forums:
Comments
All the rules have changed in the last couple of months. Lending banks are now being held accountable for the trap they set, borrowing money they didn't themselves have, while using loose and illegal practices in the process. The massive lawsuit against Wells Fargo / Wachovia, Indymac / OneWest bank, Citibank, Bank of America, JP Morgan Chase, GMAC..............can actually, not only put a stop to your foreclosure, but also pause your house payments with no loss to you............
https://sites.google.com/site/sueyourlendernow/home
Course! you got a winnig case 100% It's very simple... you just want to ask the court to order the plaintiffs to produce the original wet ink promissory note sign by the bank.. nothing else but the original "wet ink promissory note".
Hi Bubosky,
Although the "produce the original note" can be an effective stalling tactic the lender can file an Affidavit of Lost Original and proceed with the foreclosure.
I personally questions whether or not stalling tactics are good for homeowners in the long run. It is like going to the hospital and saying don't cure me just keep me in this perpetual state of illness.
Folks who have been fighting a foreclosure for 3+ years could have already rebuilt their lives and buying a new home if they cut bait and started the healing process a few years ago. I have said it before and I will say it again-people have to take care of themselves and do what is best for them. If that means delaying the process using every means possible then great. As long as they realize this will delay start of the new chapter in their lives where they rebuild their credit and move on.
Post new comment