expsd2

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About expsd2

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  1. I entered a loan modification program with CountryWide Home Loans which required me to be late on my payments. So, I didn't pay for 60 days to qualify. While in the program they instructed me not to make payments until the modification was complete. This went on for months, I kept calling about process, they would tell me to be patient, they have a lot of people in the program. Meanwhile, without my knowledge they sell/assign the note to Bank of New York. Never notified me, until I was served with Foreclosure Complaint in court with the typical lost note, etc. I responded objecting to the complaint, no standing, etc. This went dormant until the judge demanded they produce evidence of fact or he would dismiss the case. They responded with a good faith intent and the judge fired back with trial set on the original complaint with a trial or dismiss. Thought it was in my favor until I went to court yesterday and was land blasted by the judge. I cited Fl rules of civil procedure rule 1.130(a) which specifically states that the note and assignment “shall” be attached to the original complaint or the complaint is defective. This has been held up all over the state including the 4th District court of appeals. The judge laughed at me and called me Mr. Attorney and granted The Bank of New York the foreclosure and set a sell date for Jan 20. My question is “what if anything can I do now?” Please help, I have 3 kids and a wife and we just got screwed out of our home.
  2. I entered a loan modification program with CountryWide Home Loans which required me to be late on my payments. So, I didn't pay for 60 days to qualify. While in the program they instructed me not to make payments until the modification was complete. This went on for months, I kept calling about process, they would tell me to be patient, they have a lot of people in the program. Meanwhile, without my knowledge they sell/assign the note to Bank of New York. Never notified me, until I was served with Foreclosure Complaint in court with the typical lost note, etc. I responded objecting to the complaint, no standing, etc. This went dormant until the judge demanded they produce evidence of fact or he would dismiss the case. They responded with a good faith intent and the judge fired back with trial set on the original complaint with a trial or dismiss. Thought it was in my favor until I went to court yesterday and was land blasted by the judge. I cited Fl rules of civil procedure rule 1.130(a) which specifically states that the note and assignment “shall” be attached to the original complaint or the complaint is defective. This has been held up all over the state including the 4th District court of appeals. The judge laughed at me and called me Mr. Attorney and granted The Bank of New York the foreclosure and set a sell date for Jan 20. My question is “what if anything can I do now?” Please help, I have 3 kids and a wife and we just got screwed out of our home.
  3. I was served with a forclosure notice filed with court and need to file a response. I was working with CountryWide and they filed this foreclosure behind my back. They kept telling me I was in their program to keep my home and that the program directors would be contacting me soon. They never did, now I have to respond to this suit. What can I file in response to simply delay the action to buy some time?
  4. I don't know what courts you guys go to, but this court does whatever it pleases. And you had better keep your mouth shut or you will find yourself in contempt quick. Also, pro se is not favorable. I sat in that court and watched every attorney (4) that did not show up, no notice to the court, and they were granted a continuance every time and EVERY pro se that did not show up got an immediate summary judgment... every time. All the pro se that appeared were instructed to get an attorney. The implication was or you will lose. I could believe it. I could not believe this was our justice system. I am beside myself. The real problem is I can't find an attorney that is even interested for less than 2500.00 up front and they are proud to say they are not sure this is a winable case. They know nothing or very little about 1692 FDCPA. If anyone knows one in central Florida, please let me know.
  5. Went to court and pulled the affidavit that the attorney filed without giving me notice as required by FL Civil Process Rule 1.080... the affidavit said that I made a 500 dollar payment after the civil suit had been filed. That is an outright lie. I have paid them nothing. They filed that affidavit to make my validation request null and void. When the judge saw that payment had been made since the suit was filed, he immediately issued a judgment against me. Also, I thought I had 20 days to file a response to an affidavit, can anyone advised me on that. The affidavit was filed (without noticing me) only 12 days before the order was issued by the judge. And he signed the order on a Sunday??? Is that legal?
  6. Had a judgment without a hearing. Judge granted judgment without notice, without motion, without hearing. Need to file some kind of response, can you advise? Also, how can I protect my assets? What do they usually try to take? Do they take furniture and household items? Both cars are financed, no property other than homestead exempt house. What do they do from here?
  7. I am being sued in small claims in FL. they served a summons to appear, but no provision to file a response. Just a pre-trial conference w/mandatory appearance. Plaintiff is a DC that ignored DV, I have already filed a Federal FDCPA suit against them. Need a heads up on SC. My question is, does anybody have any idea of the procedure for small claims pre-trial, says not to bring witnesses and case will not be tried, but may be mediated? Should I prepare a written response. I was gonna ask for a 120 stay pending the fed case, what do folks think? Thanks
  8. This case is over two years old! The police say that it is a civil matter and it should be taken up the the OC because of the age of it. Honestly, we just gave up with them and quit responding to the OC invoices. We went through hell to close the account, and they have ignored every response after that. So, here we are two years later and we are in court and they will not even acknowledge our objections to the billing statements. Even said in their complaint that we talked to them 07/05 and agreed to the amount. I guess this is why I am so hostile about it. Attorneys will not take the case because it isn't worth it to them. They say I can't prove it and if the OC makes a better case than me, I could lose. That's why I am screaming about rules of evidence. They need nothing and I can lose...
  9. Thanks for clearing that up. And the answer is no. The same thing I have been telling these guys for over a year. Back when the amount was half as much, 3500.00 since closed it's now 7000.
  10. Validation request was made before the compliant was filed, it was made within the 30 day requirement, Certified RRR. They did not answer and proceeded to Court anyway. But that obviously doesn't matter either, if the judges are not going to decide by evidence...
  11. No contract, no agreement, no receipts, no signature of mine anywhere and they will decide the case on liklihood? Is this what we call justice? What's the point of having to be licensed in a state if the court doesn't enforce it. Why do they call it evidence? You sound like a credit attorney. That's the problem with every attorney, they only want to settle the matter, not stand up for one's rights. Can any Pro Se'ers out there lend some help?
  12. I was recently served with a complaint from discover card/attorney. Discover is not licensed in my state to do business. How can they bring an action in civil court w/o being licensed in this state? Or are they just preying upon the no responders default judgment? I have never signed any agreement with them nor do they have a signed contract with me. I have disputed the amount, they ignored request for validation. Any thoughts
  13. Being sued by a CA...Interrogatories... do I have to respond? 1. State your name, address, phone number and employer. 2. State the names, addresses, and telephone numbers of each and every person who has used the credit card with account number 1234567890. 3. State the names, addresses, and telphone numbers of each person whom you intend to call as a witness at the trial of this case, and provide a brief synopsis as to the anticipated testimony of each. 4. State the exact amount which your records reflect is owed by you to the Plaintiff and how you calculated said amount. 5. Describe in detail any reason which you believe is the basis for non-payment of the plaintiff’s Claim which is the subject matter of this suit. 6. List the amount and date of all payment made by the Defendant to anyone with regard to account number 1234567890 in the past three years. Do I have to disclose information to them or do they have to prove it? Can anyone tell me what I have to answer and what they have to prove?
  14. Being sued by a CA...Interrogatories... do I have to respond? 1. State your name, address, phone number and employer. 2. State the names, addresses, and telephone numbers of each and every person who has used the credit card with account number 1234567890. 3. State the names, addresses, and telphone numbers of each person whom you intend to call as a witness at the trial of this case, and provide a brief synopsis as to the anticipated testimony of each. 4. State the exact amount which your records reflect is owed by you to the Plaintiff and how you calculated said amount. 5. Describe in detail any reason which you believe is the basis for non-payment of the plaintiff’s Claim which is the subject matter of this suit. 6. List the amount and date of all payment made by the Defendant to anyone with regard to account number 1234567890 in the past three years. Do I have to disclose information to them or do they have to prove it? Can anyone tell me what I have to answer and what they have to prove?
  15. Do I have to respond to this? I don't have to build their case for them, right? Don't they have a burden of proof here? "Request for Production: 1. Any and all invoices and statements relating to the account the Defendant had with Direct Merchants Bank and account number 123456780796. 2. And any and all documents or records that support or relate to any defenses set forth in Defendant’s Pleadings, including all cancelled checks. 3. Any and all documents or records that Defendant will use and/or offer into evidence at the trial of this matter.