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Everything posted by indebt4now

  1. Hi All, I have a rental in WA state that we bought in 2007 with Countrywide as the lender. They sold the loan to BofA then now Nationstar is the servicer. I'm doing a strategic default on this and my last payment was Jan 2014. Looks like they are finally getting around to the foreclosure and I'm posting to see if anyone can recommend a method to challenge the integrity of the note/deed of trust. According to a reply from Certified Forensic Loan Auditors, I may have a case since the deed of trust was never assigned to anyone, ever. I just checked my county recorded records and the only filing (after the original DOT in 2007 for the loan) is the successor trustee mentioned below. So does anyone have any thoughts as to whether I should fight this? @shellieh98 any comments are welcome, thanks in advance! --------------------------------------------------------------------------------- From Certified Forensic Loan Auditors: The loan has been securitized into the Lehman XS Trust 2007-7N. No Assignment of the Deed of Trust was made into this trust by the closing date as required by SEC governing documents. In fact, no Assignment of Deed of Trust has been recorded at all regarding this loan. -------- e.g. Trust Agreement (the term Lehman Brothers used that is equivalent to Pooling and Servicing Agreement). http://www.sec.gov/Archives/edgar/data/1398201/000114420407032126/v078505_ex4-1.htm Section 2.01 Creation and Declaration of Trust Fund; Conveyance of Mortgage Loans. (a) Concurrently with the execution and delivery of this Agreement, the Depositor does hereby transfer, assign, set over, deposit with and otherwise convey to the Trustee, without recourse, subject to Sections 2.02, 2.04, 2.05 and 2.06, in trust, all the right, title and interest of the Depositor in and to the Mortgage Loans. -------- The trust agreement was dated 5/1/07 and Depositor Structured Assets Securities Corporation did NOT make any recorded Assignment of Deed of Trust. Instead, a Substitution of Trustee was recorded on 11/13/15 by one Carol Davis of Nationstar Mortgage for the above trust, which has NOT been Assigned a security interest in the Note. She also stated the trust was Attorney-in-Fact and failed to state the party for whom they are Attorney-in-Fact. The trust is an unauthorized party and the document is invalid. Bank of America only acted as a servicing agent followed its acquisition of the operations of Countrywide. Countrywide was one of the primary originators for this trust. But because of the securitization, Bank of America has only acted as a debt collector, and not as a principal, and as a sub-servicer for the trust. Nationstar Mortgage took over the master servicer role for Aurora Loan Services (a Lehman Brothers company) after purchase of their servicing operations. http://www.businesswire.com/news/home/20120629005057/en/Nationstar-Mortgage-Completes-Acquisition-Servicing-Assets-Aurora
  2. Hi @Dotheyeverstop? and all, I'm filing a compel for arb on a Citi cc debt that was sold to the Plaintiff, a collections company in So. Cal. I see a same Bill of Sale and Assignment signed by Patricia Hall as well, with no explicit reference to my debt. Also, the bill of sale references 'as described in Exhibit 1" although no exhibits were included with the original response from Plaintiff's attorney in response to my request for a validation of debt back in December 2015. They sent the bill of sale, a few of my cc statements from Citi and and a Chain of Title report referencing my acct, Citi and the Plaintiff. Now in the suite documents, the Plaintiff included the bill of sale again but on the CC statements, looks like there is a stamp at the bottom for EXHIBIT________________________________ and handwritten is "1 page x of x" on that blank line on every page with sequential numbering. Any thoughts as to whether I can have this dismissed based on lack of the exhibits from the 12/15 validation of debt letter?
  3. Thanks @shellieh98 I've prepared my response to the MSJ, and in my research noticing that the Plaintiff;s attorney provided a Bill of Sale and Assignment from Citi to the Plaintiff dated December 2014 where it was signed by Patricia Hall, "Finance Acct Mgr.". I googled her and found other bills of sale like this to other assignees. I fund this order granting a motion to dismiss where Hall was mentioned in the motion: https://cases.justia.com/federal/district-courts/north-carolina/ncedce/7:2013cv00070/128686/33/0.pdf Would I have any standing based on Halls signature on the sale to the Plaintiff? If so, should I wait for arbitration (assuming we go there), or bring this up now?
  4. Per @shellieh98's advice to oppose the MSJ, I'm posting the language in for my response to the MSJ below and also plan to include a Statement of Material Fact to include an alternative CC agreement and the Self Authentication caselaw that @debtzapper cited above. If anyone has any further suggestions or comments to my actions, please let me know and thanks again in advance. COMES NOW, pro se Defendant, and submits its Opposition to Motion for Summary Judgment, in accordance with W.R.C.P. 56. Plaintiff alleges that Defendant defaulted on a credit card debt and is now seeking to collect thereon. Plaintiff has claimed that Defendant has raised no genuine issue of material fact. To the contrary, on the 15th of April 2016 Defendant filed a Motion to Compel Private Contractual Arbitration based upon the material fact that the Credit Card Agreement cited in that filing states that the parties, including successors to Citibank, N.A. are bound by the Credit Card Agreement, including the Arbitration provision which states: (a) EITHER YOU OR WE MAY, WITHOUT THE OTHER’S CONSENT, ELECT MANDATORY, BINDING ARBITRATION FOR ANY CLAIM, DISPUTE, OR CONTROVERY BETWEEN YOU AND US (CALLED “CLAIMS”). (b) ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPTATE IN A CLASS ACTION OR SIMILAR PROCEEDING.............................. [I've included entire statement, just truncated here for brevity]
  5. Thanks @shellieh98 where/how do I access this database? BTW, their MSJ does include an affidavit from the current holder of the debt, validating the debt, a copy of all of my CC statements with Citi, and a Bill of Sale from Citi to the current debt holder.
  6. Thanks @debtzapper, so will they want proof that the cc agreement is actually in this database? Or is it just known that all cc agreements are stored there? Thanks
  7. So if I file for BK 7, can I assume that this debt would just be another claim in the BK?
  8. Hi @shellieh98 I just received a copy of a request for hearing for a motion for summary judgement from the plaintiff. The court had already set a hearing for July 15 for a preliminary trial and the plaintiff responded a few weeks ago with an objection to my motion to compel arbitration, stating that because I failed to authenticate the credit card agreement that has the arb language in it. Now the plaintiff wants to have a hearing on July 8 to have a hearing for summary judgement. Any thoughts on how to respond?? Thanks
  9. Ok, so as far as how to respond to the discovery, do I just write in my answers and send back to the plaintiff or do I need to create a document and send to the court?
  10. Thanks @shellieh98, in yesterday's mail I just got an Assignment of Preliminary Trial Date scheduled for 7/15/16. This is what is listed on the document: Hearing and determine motions Assign trial and/or further motion dates Acknowledge and approve settlement agreements Enter defaults or judgments on the pleadings Pre-admin exhibits for trial Enter discovery order and completion dates would this be the response to my filing for the compel arb or should I contact the court to request a hearing on my compel to arb?
  11. I filed all of the papers for compelling arb and received a few days ago from the plaintiff's attorney 2 documents: Plaintiff's First Request for Production of Documents and Plaintiff's First REquest for Admission It appears that they are demanding proof of any dispute with the debt. Now, do these indicate that they are taking action despite my filing for arbitration? Do these have validity in light of my filings to compel arb? I'm looking for any guidance as to weather I should do anything with these at this point. @shellieh98 any thoughts? Thanks
  12. Hi @shellieh98 thanks for the info. Ok, let the process begin. I just sent the plaintiff's attny a certified letter restating that I elect arb via JAMS and as soon as I get proof of service, already have my MTC notarized and ready to file with the CC agreement and letter to plaintiff attny. Then I will send a copy of that package to the planiff's attny as well. After the above steps, what could I expect? Should I be doing anything else at this time or just await a response from the plaintiff? Thanks
  13. Hi @shellieh98 I found a copy of the motion to dismiss, compel arb, thanks. Is this something that I can file myself or do I need an attorney to file? Thanks
  14. I just spoke with a local attorney who is on the NACA list and he doesn't think that going to arb is any advantage to me since the CC debt is pretty cut an dried. Soooo, can someone provide any reason why there is an advantage to compel arbitration? In light of the current circumstance of being served, and having approx 14 days left to respond, what might be my option to contact the plantiff's law firm to propose a short payoff? If I do nothing and they get a judgement on this debt, can I subsequently file chapter 7 BK and will that judgement be dissolved/removed? Thanks
  15. Thanks to all for the info, especially @shellieh98. So to get this straight in my thinking, what is the benefit for me of compelling arbitration? I would assume it is less expensive than going to trial, but how does forcing arbitration affect the outcome from the plaintiff's side-- is it more expensive for them? Would it cause them more expense/hassle than it is worth? Thanks
  16. Hi @shellieh98 yes I have the card agreement and there is an arbitration clause, I've attached it to this post. @Cliff2009, I did not send the dispute letter certified, just regular USPS. Thanks Citibank_Att Agreement.pdf
  17. I had a credit card with Citibank which climbed to a balance of $27K. Over the past 3 years I defaulted on this and a few other cards due to a downturn in my business and loss of income. The debt was purchased by a third party company and I received a collection letter from their attorney. in December of 2015. I responded with a letter of dispute and validation requested, and elected arbitration "stated in any underlying agreement". Instead I received a personally served notice of a filing of lawsuit in my local county court filed by Absolute Resolution Corp. for the full amount plus legal fees. So, can anyone enlighten me as to what options I may have, other than fighting it in court (which I cannot afford for the most part) what the possible outcome would be? Thanks
  18. Hello, I just receive a similar suite from Absolute Resolution Corp for a Citibank debt. Could you please post your outcome on your case? Thanks
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