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New rez bought Caliber Home Loans in August 2021 too.

Well, in my case, they skipped out on their obligation as lawyers to always exercise candor before the court, and counted on us not being lawyers. They were required to provide "best evidence". In the complaint, they simply stated that they were providing a copy of a note. They did not inform...

Holder status is easier in states because they merely need to give the appearance of it--the courts generally seem to tend to buy into it with just a prima facie showing. I have literally been given about a dozen different names of "who is the actual holder" by the servicers. They change it...

If I were in your shoes, I'd appeal that and get a copy of the video call ASAP. When one party is not even allowed to speak, object, etc, that's a problem

Please tell me you have video recording of that.....

Your "special master" set a zoom call hearing for Monday, January 8, 2023. It's now 2024. Simple error to be sure, but it can actually make a difference and/or add to confusion.

Appeal anyway. If the court never provided you timely notice, then you should file one anyway and state that the court waited this long to issue its decision. You cannot be expected to know what the court never tells you. Before you do that, I'd submit a request for written reasons for the...

So, as it stands now, you have three issues. 1--failure of condition precedent, they never provided you the NOI and you can prove it 2--violating servicing guidelines, trying to foreclose before 6 months delinquent 3--lack of standing. I dont know of any state that says it's legal for a party...

I did find this--the law you're looking for is N.J.S.A. 2A:50-56. Known as the FFA. It requires that they send notice by registered or certified mail at least 30 days prior to filing foreclosure. You have an interesting dilemma here, because the tracking info proves that you never received...

Need to check your state's laws and case law for that, its different from state to state. In some states, evidence that it was sent is sufficient, but in the case of a certified NOI, if your state has a requirement that it be sent certified, that could point to a requirement that they show it...

Not surprising about the schedules being MIA, I was told years ago that it was put into one of those HSBC trusts the year it was written. But I never could find anything about loan schedules, thanks for even looking, I appreciate it. Attorneys are an interesting bunch. I spoke to a bunch of...

I don't suppose you ever came across loan schedules for those HSBC trusts??

In responding to their opposition to a writ application, I'm just dumbfounded by the way they so easily contradict...well....themselves...in the same document. How in the world does someone go to college, then spend 3 more years in law school...And still, you cannot do better than to contradict...

What state are you in? I can take some time and look for you today. There are plenty of cases in other states--Florida comes to mind--where the note MUST be in the possession of the plaintiff prior to filing a foreclosure suit. I think that's what you're talking about, is that right? I...

I think the bigger issue there is that legality is not the only concern before the court--anyone who raises this in a foreclosure case risks the court asking "but how are you injured specifically relating to the IRS issue?" And the problem is, the direct violation of law complained about does...

Well, they did but they didn't...because when javagold operated under the signed agreement for a mod, they are pretending there's a default when there isn't. So they can claim on paper that they did. Java should be able to overcome that with the written agreement and the evidence of payments made.

Keep this in mind--as part of my exhibits, I included the letter from the law firm I'm fighting....on their own letterhead....actually signed by this lawyer's actual dad (he's a partner in the firm). In response, she provided zero evidence of any kind--she literally just told the court that no...

You don't end up with $1500 in legal fees unless they are already retaining that attorney and that attorney has already taken billable action for them---and because it's a flat rate kind of number, I'd suggest you check immediately with your court clerk's office to see if they filed a suit. The...

It may or may not fall under dual tracking, since you followed the direction of a party that you couldnt possibly know was not the proper party. Either way, you should have all the evidence you need to show the mod and to show your payments in good faith. The referred for foreclosure...

You also didn't promise to pay a party who cannot prove it is entitled to enforce the note in question. You also didn't promise to pay on just any old note, but the one which bears the correct account or loan number. That's one for my case. These clowns literally claimed an 8 digit account...