URGENT Foreclosure 3 day response letter to court

[trying - hard]

I was served the foreclosure papers with a 4/2011 trial date ( one year from now ). I have 48 hours to file a response and the weekend is in one day.

What do I say in this letter? Where do I file? Does it cost to file? I know nothing and understand even less.

Thank you so much.

Terri in Ohio

[trying - hard]

I really need help. I think I misunderstood the filing. I think I need to file an answer within 28 days and send to their attorney (GMAC) three days after that.

Am I correct that is the proceedure?

I do not want to miss a deadline.

Thank you

[BellaGirl]

Trying-Hard:
You must file an Answer within 28 days of service of the complaint. You file the answer in the county court identified on the complaint, and serve, or mail, a copy to the attorney listed on the complaint. You do not mail directly to GMAC. From now on your contact is with their lawyer, at least as it pertains to the foreclosure. Are you trying to work out a modification or another route, or are you relatively certain that you're out of your home? I think the year trial date is great, because it gives you time to save money. I too am in Ohio, but looking at a 6 - 9 month complaint to order of foreclosure timeline. County has foreclosure "fast track."
You MUST file an answer, because this prevents GMAC from receiving a default judgment, which is almost automatic here in Ohio if you do not file an answer. It can be something simple as a denial, or more specific. You might want to talk to a lawyer, or look to legal aid in your area to see if they can steer you in the right direction. In Cuyahoga County, the county's website has a link to a site "dont borrow trouble" which has sample pleadings which you can file yourself, after you add your own personal information. Wherever you are in Ohio, these forms should help you file an answer, and give you some guidance.
Hope this helps. Keep me posted as to how your situation is progressing.

[trying - hard]

Thank you for the info. I do appreciate it.
I am in Franklin County Ohio and only hope they are going to stick by the timeline. In the meantime I am going to file for yet another modification. At this point, in a year I may not want to stay here, who knows.

I am literally taking this one day at a time.

[we're_still_reviewing]

Thank you for the info. I do appreciate it.
I am in Franklin County Ohio and only hope they are going to stick by the timeline. In the meantime I am going to file for yet another modification. At this point, in a year I may not want to stay here, who knows.

I am literally taking this one day at a time.

You can file for an extension of time if you need it. In your answer you must answer EACH of their complaints (by paragraph). Also, if you have any affirmative defenses you need to bring those up in your answer or you will lose your right to bring them up later. Affirmative defenses...the plaintiff has no standing to bring foreclosure suit, etc. Research them. Was your mortgage properly assigned to the plaintiff ? Is MERS located on your deed of trust (Mortgage) but not the note ?
You must argue that the Plaintiff is not the Real Party in Interest because it is not the Note holder at the time of the Complaint filing.

There may be fraud upon the court in that the named Plaintiff may not have ANY interest to the note and that the supposedly lost note is not lost, but may have been intentionally destroyed due to missing assignments on the note which may have made it void and a legal nullity, thus they have exploited key and vital evidence.

The mortgage industry, investors, and GSE's such as Fannie Mae, Freddie Mac, and FHLBs etc. have a requirement that the last endorsement to them be undated and "blank" leaving the payee line blank and making the negotiable instrument a sort of "bearer bond" and instrument. as such, any party finding or stealing the note can place their name on the payee line, claim ownership of the note, and sell the note to others who may make a demand upon you in the future. as such, you require money to be deposited in an escrow account or with the court in an amount equal to the amount claimed owed on the note, until such missing note is found or upon your death. notes have a life of their own...

Iif the note was destroyed or lost intentionally (the industry maintains this practice) then they may be trying to hide the beneficial owners and shield them from any assignee liability arising from the actions of the servicer who they hire, supervise and most importantly authorize to foreclose upon you. without the note, since subsequent endorsements are not recorded to avoid payment of taxes and to hide true and real beneficial interests, there is no possible way to determine who ever held a rightful interest in the note and who you may have claims or counter claims against and who should be presently before the court as a real party in interest.


Supporting Case Law

Where the complaining party cannot prove the existence of the note, then there is no note.

See Pacific Concrete F.C.U. V. Kauanoe, 62 Haw. 334, 614 P.2d 936 (1980), GE Capital Hawaii, Inc. v. Yonenaka 25 P.3d 807, 96 ffice:smarttags" />Hawaii 32, (lace w:st="on">Hawaiilace> App 2001).

Siwooganock Bank in lace w:st="on">Lancaster NHlace>, in alleged foreclosure suit, failed or refused to produce the actual note which Siwooganock alleges Eva J. Lovejoy owed.
To recover on a promissory note, the plaintiff must prove: (1) the existence of the note in question; (2) that the party sued signed the note; (3) that the plaintiff is the owner or holder of the note; and (4) that a certain balance is due and owing on the note. See In Re: SMS Financial LLC. v. Abco Homes, Inc. No.98-50117 February 18, 1999 (5th Circuit Court of Appeals.)


Some helpful links...

http://frauddigest.com/pdfs/ASSIGNMENTSASEVIDENCE.pdf

Article: You can stop foreclosure and put the lender on the defense

Defendants (you) Request for admissions....

http://www.msfraud.org/LAW/Lounge/DE...ADMISSIONS.doc


Also, if you have any TILA or RESPA violations you need to state those as well.

After you file the answer to the complaint you need to serve the attorney representing GMAC. Send that certified letter return receipt request.

Good Luck to you.



Sources...

Produce The Note Attorney

Mortgage Servicing Fraud Forum

Mortgage Servicing Fraud

[yomann]

There is a firm advertising on this site (ASND, Inc.) providing a foreclosure delaying service.
ASND, INC, Foreclosure and Eviction Delay Services
Anyone used their services ? Or have any input on this company?
I don't need their services today, but if the loan mod process stalls out, I want to be prepared upfront.

[goldie]

Here's a link to a story right here on loansafe - lol!

How to stop a house foreclosure in Ohio | Loans - Credit - Debt - LoanSafe.org

[nickelnm]

I agree with pretty much everything listed above. Make sure your answer is filed within 28 days AND in your answer go paragraph by paragraph and give a response to EACH allegation. Be careful, what you 'agree' to. You can say that you do not know or "I neither agree or disagree with this statement".

A good place to research affirmative defenses is through credit repair boards. Affirmative defenses are used extensively when being sued by a collection agency or creditor for unsecured debt.

Remember, that there are multiple consumer laws on your side and you need to pick apart everything they say and everything that has been done with your property as far as recorded documents go. Its all about the papertrail.