Home Loans and Support

Foreclosure Counterclaim: Admissions

Discussion in 'CitiMortgage' started by ConsiderThis, Nov 1, 2009.

  1. ConsiderThis

    ConsiderThis LoanSafe Member

    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:

    [SIZE=-1]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.[/SIZE]

    [SIZE=-1]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.[/SIZE]

    [SIZE=-1]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.)[/SIZE]

    [SIZE=-1]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...[/SIZE]

    [SIZE=-1]Curious what you think about a counterclaim... and have you used one?[/SIZE]

  2. caldwell02

    caldwell02 LoanSafe Member

    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.
  3. ConsiderThis

    ConsiderThis LoanSafe Member

    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!

  4. ohhhdear

    ohhhdear LoanSafe Member

    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.
  5. ohhhdear

    ohhhdear LoanSafe Member

    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.
  6. kiranedison

    kiranedison LoanSafe Member

    Can the permanant Modification be cancelled without reason

    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?
  7. caldwell02

    caldwell02 LoanSafe Member

    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.
  8. kiranedison

    kiranedison LoanSafe Member

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

    kbspots LoanSafe Member

    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.
  10. mimirayo

    mimirayo LoanSafe Member

    Considerthis could you contact me I would like to get more helpand information from you, but I don't see any contact info on you
  11. ConsiderThis

    ConsiderThis LoanSafe Member

    I'll make a page and put it there so you can see.

    Yes, tools.

    Their answer was a bit of a put down.

    In my state, New Mexico, when a lawyer does something the outcomes is completely different than when a pro se party does exactly the same thing.

    Not exactly Equal under the law.

    I was going to Petition for Writ of Certiorari to the US Supreme Court showing the cases... but then I faded.

    Right now I'm just so tired of the years I've spent in legal battles. I'd have been happier, perhaps, if I had never tried to own a home.

    I'll do it tomorrow, though, because I have solar and the amount of energy I can save in my batteries is low at the moment.
  12. ConsiderThis

    ConsiderThis LoanSafe Member

    From what I read in the news the judges in Ohio are aware of the injustice done by the loan scams. A mediation hearing can be very useful.
  13. ConsiderThis

    ConsiderThis LoanSafe Member

    I hope that the things I've posted will help you. I have to do several legal things right now, so I'm feeling extremely pressured, as well as depressed. If you ask your question in this forum I will try to help, and that way anyone else with a similar problem will benefit from our combined experience.

  14. ConsiderThis

    ConsiderThis LoanSafe Member

    I put my Answer and Counterclaim on a web page and posted the link in a separate thread so that anyone who was interested could see it more easily than if it were in this thread alone.

    Here is the link to it:

    I think that if you read it you will see what it is. I think that in many MANY foreclosures of securitized mortgages there is a counterclaim to be filed. My counterclaim was filed before I read about the claims that can be associated with or derived from securitized mortgages. My Admissions requests deal with securitized mortgages, you can read them and see what they are aiming at.

    In my Requests for Production I asked Wells Fargo to produce the original note and mortgage... which I don't think they have.

    I hope this helps you.
  15. kbspots

    kbspots LoanSafe Member

    Caldwell02: You seem pretty knowledgeable. You wrote yesterday and I was reading your post and you mentioned something about checking the records at the courthouse. So last night about 1 am I checked the county records on my foreclosure. It says the case is closed. But I called the county recorder this morning and she said it was not closed so why did it say it was closed. Have any answers?
  16. ConsiderThis

    ConsiderThis LoanSafe Member

    I'm not knowledgeable, I just try to follow the rules, but lawyers in my state can do almost anything they want and totally get away with it.

    So, when you wonder why it says your case is closed... I would worry that there was already a judgment, and that a sale has been set. In my state that could have all happened behind my back.

    Read what the documents are that were filed. That should help.

    Possibly it means that in your state an offer of a HAMP trial period equates to closing the foreclosure. The Guidelines for HAMP would suggest that. In my state, ... not so much.

    I'd like to be more help (and BOY would I ever love to be less depressed.)

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