Foreclosure Counterclaim: Admissions

[ConsiderThis]

Since I had been trying to get Home Affordable Modification since March, 2009, and nothing much happened until I began seriously working on Discovery, I feel that my trial period was a result of Wells Fargo wanting to avoid Discovery.

In fact, Wells Fargo was supposed to respond to my Requests for Admissions:
Admission-Requests-to-Wells-Fargo

But WF didn't, instead WF put me in the trial period, only its lawyers refused to vacate the hearing set for October 19, on their motion for summary judgment.

As soon as WF lawyers got a stay on discovery, they had WF cancel my trial period. A WF rep told me that on October 20 their lawyers had told them to cancel my trial period.

Some of my requests are stated wrong, because I have a bit of brain injury and I got confused about what I wanted admitted. (if they are denied in 30 days, then they are "conclusively" deemed admitted.)

Admissions 45-69 have to do with me trying to pay off my mortgage in 2005 and Wells Fargo not accepting my offer, preferring instead to set another auction date. I like number 66 a lot...

Curious what you think about a counterclaim... and have you used one?

[caldwellb02]

I'm just incredibly impressed that you did this at all! This is the first I've heard of an individual trying this. And I can see that it could have merit. I did my divorce myself, so why not something like this?

That said, I'd say "why not?" on the counter claim. And send it to everyone you can think of.

Very new idea here Karen. Interesting.

[ConsiderThis]

Thanks, I'm so depressed today. I'm SO tired of fighting this.

You're comment gave me energy, thank you.

I filed my counterclaim in the foreclosure.

Then, I've been following the court rules.

Since Wells Fargo didn't deny my Requests for Admissions within the 30 day time limit provided by the rules, the Admissions are deemed conclusively admitted.

They could move to amend, but if I can show that it would prejudice my case, then their motion should be denied.

Prejudice doesn't mean just the extra work, it means... it's hard to explain, probably because I don't understand it all that well.

Thank you SO much for your comment!



.

[ohhhdear]

Excellent job!

Requests for Admissions is the most powerful tool used in a lawsuit.

I would love to see the Complaint and their Answer (if they answered)-- if you are willing to share.

[ohhhdear]

Are you familiar with Jurisdictionary?

An excellent site--- I bought the course about 8 years ago and it was worth every single penny. And shortly after I filed my complaint--- one of the defendants wanted to settle--which is the name of the game, imho.

It explains the Rules of the Court and how to USE them in order to CONTROL crooked lawyers and/or crooked judges.

[kiranedison]

After completing the trail period (3 payments made) i was given a permanant Home Affordable Loan Modification by citi.I made 2 payments also according to the payment coupons i received.

After 2 months Citimortgage cancelled my loan Modification without any reason.

Can the permanant loan Modification be cancelled after 2 months without the fault of ours?

[caldwellb02]

If you have the signed documents that say you have a permanent loan modification then I do not believe they can cancel it, kira. Fight this.

[kiranedison]

I signed Home Affordable loan modification form 3157.I was told it is a permanant loan Modification document.

[kbspots]

Hi everybody, can you please explain what an admissions is and how or what is a counter claim in a foreclosure suit because they have me in foreclosure but the judge is giving me a mediation hearing, not scheduled yet though. So would be interested to hear anything that might benefit my case or something I could research. Thanks.