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Originally Posted by davephx  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. |
Davephx, I don't know what state you are in but I'm in a very NON-JUDICIAL state and I have taken a BREACH OF CONTRACT case to court and got not only the TRO but ALSO THE PRELIMINARY INJUNCTION. It has been more like $10K-$12K in legal fees with me doing a bunch of the research online. Now if I had to pay someone to do that research part of the effort, yeah, it could have been a lot higher already. In this case, the rulings are going against the servicer/lender so far. Judge said he expects me to win the case.
They can only look at those nice payments just sitting there in the trust account. The MODIFIED payments. No foreclosure.
Looks like we could have also cited the aspect where Litton is contracted to offer MHA but they chose to claim they could deny a new mod based on the wishes of the investor (They falsely claimed that the investor, BoNY, does not DO mods.) Well, anyhow, the already-signed-by-the-borrower-mod is stumping them for the breach of contract. (And we have not even addressed the breach of AG settlement as yet.)