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Old 11-05-2009, 10:24 PM   #30 (permalink)
St.LouisBlues
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Re: Loan Modification Denied Today! SEVERELY FRUSTRATED!

Quote:
Originally Posted by davephx View Post
For the TRO I assume your in a judicial state.

I was told in a non judeical to get a TRO would cost up front at least $25,000 and that was just to get to Discovery. And the cause could take years while they would probably sell and foreclose long before case settled.

Do you have a reasonably priced attorney but only in your state, or may you are an attorney.

To me this is another huge unfair issue that to get any standing in Court especially if non judicial requires huge attorney fees which of course if we could afford we would not be in this position.

Your MERS issue is stronger than for us without it. I did see MERS somewhere on my original docs but doing the look up on their site with my address nothing showing and no MERS reference on foreclosure paperwork.

Dave!! Missouri is Supremely Non Judicial!! Foreclosure Sale can occur
21 days after the Notice of Trustee Sale is sent!!

The first 2 TRO's we have obtained between the NOTS and the sale date.

Judge was very receptive and immediately ruled in our favor.

The charge was $1200.

And u do have MERS...u just don't know it.

The homeowner always has standing...but does the foreclosing party,

if they are not the note holder?

Who is the lender?

The foreclosure is prohibited until the issues are resolved.

Do u think this might be some real leverage to negotiate?


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