upside_down

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About upside_down

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    Florida
  1. I filed a motion to reconsider. I hope the judge is kind to me.
  2. OK, I am now 3 months post discharge, and I filed BK7 6 1/2 months ago. My credit scores are not THAT bad. EQ 600 TU 574 EX 634 (FAKO) So, my EQ was 698, TU 699, EX 734. That means that I have dropped an average of 107 points. So far I have not accomplished a whole lot where rebuilding is concerned, except tally violations. I have enough FCRA violations at this point to start being a little tough. I got one of my two mortgages deleted from EX. One credit card had no balance, so I did not include them in the BK. I made a small purchase on it in March, and paid it off as soon as I got the state
  3. One of my defenses is that they didn't attach the note to the complaint (which they still haven't done) and they have not produced the note OR mortgage. The only copy of the mortgage that they have produced is the one from the land records division of the county clerk, and that mortgage is not written in their name, and they have produced no assignment of mortgage, either.
  4. The court's order says: THIS CAUSE, having come before the Court without hearing upon the Defendant, and the Court having reviewed the motion and the file and finding that the Defendant, having made an answer to the Complaint, makes a request for dismissal of this action moot, and the Court being otherwise fully advised in the premesis, it is therefore ordered and adjudged that the Defendant's Motion to Dismiss is hereby DENIED. (That is the entire order) It looks like she is saying that I cannot file a motion to dismiss because I have already answered the complaint. (I filed my answer the sam
  5. On February 11, 2010, the Supreme court of Florida ordered that all complaints for residential foreclosure had to be made under oath (FRCP rule 1.110(), and must contain the following statement, to be signed and notarized by the attorney filing the complaint: Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. We were sued for foreclosure on March 15. We filed a motion to dismiss, because the complaint was no verified (made under oath). We just got the order in the mail, that our motion
  6. Believe it or not, my BK attorney IS a NACBA attorney.
  7. They were listed, and my attorney said she is not interested in pursuing it, because she is too busy with new filings.
  8. My BK7 was discharged in Feb of this year. One of my creditors has continued to contact men, and even had a collector pull my CR from EX in March (3 and half weeks after discharge) with the listed PP of "Collection Purposes" I am looking for any sort of a sample that would be available so I can see how to word a request for sanctions against the creditor
  9. My point here is this: 1 SunTrust Mortgage states during the BK proceedings that THEY are the owner and holder of the note. 2 SunTrust then states 3 months later, during foreclosure proceedings that Federal National Mortgage Association is the owner of the note. 3 A month after I filed my MTD for lack of standing and claiming that SunTrust wasn't the owner, SunTrust then claims in filings through their MERS attorney that SunTrust is the owner of the note. 4 They still have people knocking on my door, asking me to call SunTrust Mortgage. 5 They still have it listed as a Chargeoff on my CR, even
  10. I don't want to reaffirm on the house. It is worth about $100K and I owe $235K. All I want is to make sure that the right lender (the one with the right to foreclose) is the one getting the house, so I don't have some other bank come after me a year from now.
  11. Isn't it illegal to leave anything in a mail box that has not actually been mailed?
  12. 1. Attorney files motion in BK case, claiming his client is the "owner and holder of the note and mortgage" and along with it, files an affidavit on the law firm's letterhead, supposedly signed by an employee of the creditor, claiming to support the same. The motion is granted, based upon the filing. 2. Attorney then files a complaint for foreclosure, stating that the very same client is not the owner, but has been authorized by the owner to file the action. There was no note or authorization attached to the complaint. After research, it is my belief that there are only three possible outcomes
  13. The Plaintiff's attorney, an officer of the court, filed the papers. Remember that the attorney stated in the motion in the BK that the note belonged to his client so that his client would be granted the relief from stay, then in the foreclosure stated that the note DIDN'T belong to his client.
  14. and is it admissible? I filed BK7 in October, discharged in Feb. During the BK, my mortgage bank filed a relief from automatic stay, stating that they were the owner and holder of the note. They attached copies of the note and mortgage, along with an affidavit from a mortgage spec ialist at the bank, stating how much I owed, and stating that they were the owner and holder of the note. In march, the mortgage holder filed a foreclosure action with an unverified complaint, attaching the mortgage (naming MERS as the mortgagee, acting as nominee for the original lender) but not the promissory note.
  15. I am posting this in case it helps someone who is going through a foreclosure. I filed BK7 in October, discharged in Feb. During the BK, my mortgage bank filed a relief from automatic stay, stating that they were the owner and holder of the note. They attached copies of the note and mortgage, along with an affidavit from a mortgage spec ialist (<----why is that word filtered?) at the bank, stating how much I owed, and stating that they were the owner and holder of the note. My wife did not declare BK, nor is she on the note or mortgage. In march, the mortgage holder filed a foreclosure acti