I receive a summons to foreclosure my property in Fl...
After reading it, I decided to file two requests in the Broward court (07/13):
- The 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 not the plaintiff nor mentioned in the summons at all). 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 not other signatures and it is not notarized (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 advice.
Attempts to resolve the 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.
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