RECENT DEFENSIVE MOTIONS FILED BY “LENDERS”

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16 Responses

  1. Carlos Saenz, on October 21st, 2009 at 9:38 am Said:

    I am looking fo an attorney and case law referring to the lost note defense in the state of Maryland

  2. 1acesfull, on October 18th, 2009 at 12:27 am Said:

    Hi
    I need an Attorney in the South Jersey Atlantic City, that Gets It. Any recommendations. Also I would love to second chair in my own defense.
    Thank you.

    JM

  3. Joseph J. Huprich, Esq., on October 16th, 2009 at 6:15 pm Said:

    I have been embroiled in a predatory loan case for a while now. Borrowers only spoke spanish, broker forged all of the loan application docs, they had good credit but got an “adjustable” rate loan at 11.3%, with a minimum rate of 7.75% – which means the rate will never go below that, and paid out $17k plus for broker fees. Dragged to federal court by the banks and then then bludgeoned us to death with motions to dismiss and an MSJ before discovery ever started! Judge held that equitable tolling shouldn’t apply because borrowers were “on notice” when they sought a loan mod in Jan 2008. Now we’re headed back to state court to argue rescission by fraud. I’ve been arguing that broker is original lender’s agent and therefore liable for the forgeries/fraud. Anyone out there with similar litigation let me know or feel free to contact me for research collaboration.

  4. zeny, on September 6th, 2009 at 11:55 am Said:

    neil, where can i see the tro-osco method from your web. thanks zeny

  5. Denise, on June 23rd, 2009 at 4:32 am Said:

    Please some advice,I live in Calif. and I have done and audit and to my horror i have discovered that broker was employee of C/W and not licensed,appraiser well he lied just about everything.Then of course we have a long list of they sold off our private info,did the insurance scam and they tampered with my credit by C/W & there insurance co without my knowing for 2 days they kept getting into all 3 of the credit agencey’s 12 one day 15 the next and my credit report said that it impacted my score severely. also sold house with out letting me know at public auction, never a notice on door. next eviction with 3 sheriff visits and all the court hearings i lost even though my case had merit, so an hour from the final evict they stopped the eviction and wanted to settle out of court.? I have a feeling I have been scammed again they filed for Federal court and they want to modify loan? i believe they are going to off me by dismissing my complaint is this a tactic? because they almost had me gone, thanks and good luck to everyone

  6. casa improvements, on May 31st, 2009 at 4:49 pm Said:

    June Reyno, what’s the latest and greatest..?? did you get your house back..??

  7. marco barraza, on April 22nd, 2009 at 9:03 pm Said:

    neil is it possible to list the trusts and homeowners can put their names on which trust that they were foreclosed on. also asking homeowners if they could help search other homeowner that have been foreclosed on.these trusts have usually about 1500 to 2000 homes in them supposedly valued in assets 500 million dollars. enough percentage of foreclosed homes in trusts can help investor sue or give evidence that servicing companies and trustees are colluting too sell these homes. working for special servicer or subservicer we know they knew who was going to fail.

  8. Barbara Bratton, on April 5th, 2009 at 9:13 pm Said:

    My home of 35 years has been foreclosed last year by First Franklin Loan Services. It was a wrongful foreclosure. I am just learning this term of wrongful foreclosure. I have been locked out after loosing the unlawful detainer and now the trash out is coming. I had someone to qualify for a loan to purchase the home. The home I discovered was sold to an investor. But the attorney for the plainitt and the Real Estate Agency are pretending that the bank is still the owner. I am trying to prevent the trash out set for 4/9/09 and seeing how to sue the foreclosing bank for wrongful foreclosure and stopping the complete eviction. Can you please help. My 80 year old mother lives with me. She and my late father purchased this home back in 11/1974. I took it over in 1987. Did good until getting into this subprime mess. Thank you

  9. Roxanne, on March 31st, 2009 at 1:34 pm Said:

    I have been fighting my forclosure case my self, have filed an answer extension of time, and a request to produce the original note, as well as answer. The bank has now filed the original note an dmortgage, i reviewd my file at the courthouse and saw the note, wich doesn’t not look like an original. Our signatures are signed in black ink, everything else is signed in blue ink.
    I now reveied a notice of hearing the lender has filed motion for summary final judgment. The hearing is scheduled two weeks from now. I am wondering if I can file for the hearing to be rescheduled. So that I can gain more time.
    Can some one let me know pls.
    Thanks

  10. manny garcia, on March 26th, 2009 at 11:07 am Said:

    I was able to file a motion to reverse foreclosure and the judge agreed and there is a hearing next mo.

  11. June Reyno, on March 25th, 2009 at 10:10 pm Said:

    You can reverse it by filing a timely answer when they file suit against you under an Unlawful Detainer in the lower/limited court as they try to take POSSESSION OF YOUR HOUSE after the trustee sale.

    I would start preparing now your opposition paperwork and learn all you can now then find an attorney that “gets it “. That is, if you have money to pay for one. There are attorneys that can also negotiate to keep you in your home if you don’t want to go the whole 9 yards and make them prove they are actually the owners of the note. Neil has a list on his website on questions to ask lawyers who say they can help you. I recommend you go by that to help you in your decisionmaking.

    Neil’s website is an excellent source for this.

    You’ve come to the right place.

  12. June Reyno, on March 25th, 2009 at 9:59 pm Said:

    You can definitely still sue them after the eviction. But as I always say TIMING IS EVERYTHING. GOT TO KEEP YOUR EYE ON THE CLOCK IF YOU ARE GOING TO FIGHT THIS THING LIKE A WARRIOR.

    Neil’s website is an excellent source for Pro Per’s

    But why give up possession when you know they wronged you?

    Staying inside the house gives you greater leverage to win.

  13. Mary Mazurette, on March 25th, 2009 at 12:39 am Said:

    I had to comment one more time on the progress of a California case I am helping my friend with. We have an upcoming hearing for Summary Judgment and we received the response from the lenders attorney today. I think this time their defense is showing signs of “grasping at straws”. They are claiming that the plaintiff, my friend, is not competent to testify in his own behalf. Is this a new defense tactic? I am baffled and amused….

  14. Martin M, on March 6th, 2009 at 4:16 am Said:

    If my property is already foreclosed and I believe that the lender manipulated me and thus was engaged in predatory lending can and I sue the lender. The lender now has title?

    I also would like an example letter pertaining to “where’s the Note and who holds the Note”.

    Thanks

  15. manny garcia, on January 29th, 2009 at 7:05 pm Said:

    I was foreclosed on Jan 27 09 I think it was illegal because plaintif was not note holder and note was never recorded sold or tranfered.
    How can I reverse the foreclosure ?

  16. tim, on November 25th, 2008 at 7:02 pm Said:

    Neil, the banks lawyers should be disbarred for these ridiculous claims that they do not need to produce the Note, and, any judge that allows this should be removed from his chair!

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