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Just curious if anyone has had any experience defending against foreclosures in California or in any other non-judicial foreclosure state. I am currently 3 months behind on my first mortgage and have filed for Chapter 7 bankruptcy recently. The automatic stay is currently in effect, and the lender has not filed the motion for relief of stay (not yet). I have sent one QWR request and got the note, deed of trust and other basic stuff. I have also sent the loan modification docs, but was told not to expect too much to happen on it while I am in chapter 7. I have sent one payment this month (that'
I am doing more research into defenses against account stated causes of action; Some I am thinking of; 1. That it can be equally implied that failure to make a payment can be evidence that a billing statement was NOT sent to a party. 2. That an account stated that is implied by failure to dispute a billing statement is a non written contract and subject to the 2 year SOL in CA. and the shorter time in other states. 3. That the FCBA does not state that failure to dispute implies ascent to the billing amount. 4. That objecting to billing statements after recieving them in discovery constitut