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About bloomingfern

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  1. Just received Atty's prehearing statement. Plaintiff is O.C.. Here is what they are bringing: Witness - employee of O.C. who will testify to the records of the O.C. - different person than who is listed on the Affidavit. Billing Statements - years worth - 3 different account #s are listed Application - computer printout with random #s and comments. Wouldn't know it was an application - my name is not on it anywhere. I have some good arguments, I was just wondering if I should prepare a prehearing statement and if so, what types of evidence could I provide? Thanks!
  2. Working on my Motion to Strike Affidavit. Tried to read up on it in the Rules & Procedures, but didn't really find it or understand. Thanks!
  3. Thank you OregonActor for bringing this to my attention! I thought it should be shared with any others dealing with Suttell & Hammer. SPOKANE (CN) - A Bellevue law firm works with collection agencies to mislead courts and consumers by using "robo-signers" in Minnesota who sign up to 400 affidavits a day, falsely swearing they have "personal knowledge" of cases in Washington state, to secure speedy default judgments, according to a federal class action. The class claims that Encore Capital Group, Midland Funding, and Midland Credit Management work with the Suttell & Hammer law fi
  4. I'm being sued by O.C. - they have hired Atty's to represent them. We have an arbitration hearing scheduled for mid-January. They have filed a Motion for Summary Judgement based on the grounds that there is no genuine issue of material fact and that the plaintiff is entitled to an award as a matter of law on its claim. They included an Affidavit from an "authorized agent" employee of O.C. who says that the statement included are based on personal knowledge or review of the business records. They say that their employment duties are to review records so they have knowlege of the said accoun
  5. I in in Oregon - mandatory arbitration for cases less than $50,000. Arbitrator was just chosen and I sent in my portion of the fees for arbitration. Then I received from the Attys the following: Motion and Order for Plaintiff to appear Telephonically Motion for Summary Award Atty are also requesting that the arbitrator consider the Motion for Summary Award BEFORE the arbritration hearing date is set! Including was an affadavit signed by unknown person claiming to be an employee of the O.C. who keeps the records saying that I, the defendent used the said account and was deliquent in the amount
  6. I read somewhere about a gentleman who was able to stop or delay a foreclosure by a writing letters to his state reps and/or congressman. I think he was in AZ. Will someone forward me that link? or a link to sample letters? I am desperate to stall my pending foreclosure - less than a month away!
  7. I have a house in Virginia that is in foreclosure. The sale date has been set for 11/29/10. I have applied for a loan modification, but it is still in review. VA is both a non-judicial and judicial state, but from what I've heard, most lenders go the non-judicial route because it is easier. I thought I had read somewhere that if they went the non-judicial route, they couldn't get a deficiency judgement for the remainder of the amount owed - does anyone know if that is true or not? Thanks!
  8. Please help. My mortgage was in default. I applied for a loan modication which they explained could take up to 12 weeks and now a foreclosure sale date has been set for 11/29. At one point they said that they would have an answer to me before the sale date, but now they are saying that they can't guarantee it. What can I do to stall?? The house is in VA which is both a judicial and non-judicial state. Thanks!
  9. The house is actually in VA which is both judicial and non-judicial. From what I have researched, most go the non-judicial route because they don't have to file in the courts. Is it still possible to use the produce the note defense?
  10. Need more information on this. Has anyone used this? And when would you file. Thanks!
  11. Haven't made a payment to my mortgage in 4 months I have applied for a loan modication and am waiting the 12 weeks for approval. In the meantime, my loan has been transferred to the foreclosure attorney and I just received letters from them yesterday. The letters stated that I have 30 days to dispute and 30 days to request the name of the original creditor. It also states that the note "may be lost" or unavailable at this time and the fact that the instrument is lost or cannot be produced shall not effect the authority of the trustee to sell. Does this mean I can't use the "produce the n
  12. Recovering Attorney is correct. In Oregon - any claims less that $10,000 automatically are assigned to arbitration. The summons says that they defendant entered into a written credit agreement and became indebted on the account for goods, services and monies loaned. The defendant has defaulted on the obiligation by failing to make payments and currently owes $........ It also says that the plaintiff has made a demand on the defendant - 30 days prior and the defendant has failed or refuses to pay. This is NOT TRUE. The first communication I received from Suttell & Hammer was the summons
  13. Great. I need all the info I can get so I'll be well prepared. I send Suttell & Hammer my dates and choices of arbitrators. I will post when I hear back.
  14. I'm in Oregon - mandatory arbitration has been assigned. Atty's have asked for my dates and choice of arbitrators Is it too late to send a Request for Admins? There was no supporting documentation attached to my summons and I have not received a request for discovery from them. Not sure what they have or don't have??