Search the Community
Showing results for tags 'consumer protection'.
Found 1 result
Hello Forum, HELP!!! I am a Texas resident and Homestead Property owner involved in a Pro Se "unconscionable contract" dispute with Nationstar Mortgage. My original petition is attached. Nationstar is a "Debt Collection" agency/service provider for Freddie Mac. The defendant Nationstar has sent an open letter of "General Denial" to my claim stating: 1) Defendant asserts statue of limitations. 2) Plaintiff has failed to name all necessary parties. 3) Plaintiffs complaint alleges damages that are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control. 4) Plaintiff failed to state a legal basis for his claim. My questions/comments are as follows: 1) I am WAY out of my league as a Pro se litigant. My experience level in life has not prepared me to fight a giant like Freddie Mac & Nationstar Mortgage but I have lost everything in my pursuit of an equitable judgement and this is my final hope. 2) What do I do? In responding to the 4 points listed above I can only provide these statements for your help & consideration on how I might go about defending my home. Point 1: Defendant asserts statue of limitations: Taylor Bean & Whitaker were my original mortgage "Note" holders and the FBI put them into force receivership when they raided their offices in 2012 and put several of the executive directors in jail for mortgage lending fraud. FreddieMac transferred my "Note" to Cenlar just 3 short weeks before the FBI raid. Cenlar as the second service provider and in the summer of 2015 FreddieMac assigned my note to Nationstar for Debt Collection. A final letter of denial for assistance from Nationstar was received on 01/25/2017. I immediately filed against them with this petition. Point 2: Plaintiff has failed to name all necessary parties. As I am not an attorney, i am not sure what other parties I should be filing against for "unconscionable contract" when Nationstar is the only "Note Holder." Am I supposed to be filing against Freddiemac too? Point 3: Plaintiffs complaint alleges damages that are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control. This the big one. Does anyone have a legal precedent in Texas that I can reference that says that all responsibility lies with the current service provider and that the current service provider inherits all previous errors and omissions? Point 4: Plaintiff failed to state a legal basis for his claim. i thought I did this when i stated my claim is an "unconscionable contract." How do I respond to this? Angels are out there and I could really use one right now. Can anyone help with this? With humility, respect and overwhelming gratitude. Chris