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This is a discussion on Court of Common Pleas sends letter - what does this mean? within the Ask the Attorneys? forums, part of the Foreclosure Forum category; I currently am in foreclosure with Wells Fargo ~ Wells Fargo files Summons on Complaint on 12/24/07 & Motion for ...
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| Member Join Date: Aug 2009 Location: Ohio
Posts: 11
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | I currently am in foreclosure with Wells Fargo ~ Wells Fargo files Summons on Complaint on 12/24/07 & Motion for Default on 9/4/08. I just received this letter from my county Court of Common Pleas (Ohio). I am very confused what this exactly means - therefore, I quote: " Now comes the (county here) Board of Commissioners by and through its attorney and for its Amended Answer states that it no longer has any interest in the instant action and would disclaim any interest in the real estate described therein. " This has been filed and stamped by the court's clerk. While copies was sent to WF lawyers, Investment Retrievers, Inc's lawyer. In " plain " language what is this letter telling me? Did the court throw the case out? Or is this something else? Good news? Bad news? PLEASE - anyone - explain!!!! THANKS! |
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| Senior Member Join Date: Jul 2009
Posts: 77
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: Court of Common Pleas sends letter - what does this mean? Hi again Whitmm - so I had a few minutes free time and decided to search your posts to get your full story. As far as I know, once WF has judgment on your home, your goose is cooked, you then only have time to work things out with WF before the sheriff sale. But I'm in WI, so Ohio could be different. Also, once they file the default letter with the court, if memory serves me correctly, you have 20 days to file an "answer" to the courts. When you file that "answer" - you are basically telling the courts "WF is wrong, the foreclosure is wrong, and I'm fighting it for xyz reason" and then the judgment gets put off... for a while. Then you need counsel, to represent you, unless you are savvy with our court system! If you don't answer that default summary thing with the court, the court will immediately grant judgment to WF, and you can kiss your old mortgage goodbye, because then WF has you by the u-no-whats. I don't have a clue what this letter was from the Court of Common Pleas... again, different states, different rules. My advice is to crack open a phone book and start calling the lawyers. Plan on lots of refusals, but eventually you'll land on someone. My lawyer gave me tons of advice, for free. And it took me far, until I had to actually file the counter-claims against WF... then I hired him on... too much for my mind to absorb! I'm a wife who works part-time and home-schools our 2 children, no time to put on an attorney hat, too ~ LOL! For the record, we have been telling WF all along, to just reinstate our old mortgage and they can "eat" their fees... they don't like being told that! LOL! Tough cookies I say. Some of your other posts mentioned what sounds like a "produce the note" idea... did you try that? You sent a letter to WF but got no response... still they replied with nothing? Maybe try filing a complaint with the Office of the Comptroller of the Currency... it didn't do any good for me, but maybe it will help you? They are regulators for Federal banks, of which WF is one. Here's there website... you go online, fill out the claim, and wait. They move quick to notify WF that they have been notified of their shenanigans, but WF has alot of "smooth answers" if ya know what I mean. But hey, the more people that file, maybe the regulator would DO SOMETHING? Anyway, here's their website... OCC - Office of the Comptroller of the Currency, Administrator of National Banks I'm sorry if any of my answers didn't help you, but I just shot out what I had done to put the skids under WF feet. Each state is different. Keep posting and keep us all up-to-date! I'll add you to my prayers! Stay strong!! |
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