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Groovystuff posted a topic in State Laws, Case Law, Sample FormsHello 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
indebt4now posted a topic in MortgagesHi All, I have a rental in WA state that we bought in 2007 with Countrywide as the lender. They sold the loan to BofA then now Nationstar is the servicer. I'm doing a strategic default on this and my last payment was Jan 2014. Looks like they are finally getting around to the foreclosure and I'm posting to see if anyone can recommend a method to challenge the integrity of the note/deed of trust. According to a reply from Certified Forensic Loan Auditors, I may have a case since the deed of trust was never assigned to anyone, ever. I just checked my county recorded records and the only filing (after the original DOT in 2007 for the loan) is the successor trustee mentioned below. So does anyone have any thoughts as to whether I should fight this? @shellieh98 any comments are welcome, thanks in advance! --------------------------------------------------------------------------------- From Certified Forensic Loan Auditors: The loan has been securitized into the Lehman XS Trust 2007-7N. No Assignment of the Deed of Trust was made into this trust by the closing date as required by SEC governing documents. In fact, no Assignment of Deed of Trust has been recorded at all regarding this loan. -------- e.g. Trust Agreement (the term Lehman Brothers used that is equivalent to Pooling and Servicing Agreement). http://www.sec.gov/Archives/edgar/data/1398201/000114420407032126/v078505_ex4-1.htm Section 2.01 Creation and Declaration of Trust Fund; Conveyance of Mortgage Loans. (a) Concurrently with the execution and delivery of this Agreement, the Depositor does hereby transfer, assign, set over, deposit with and otherwise convey to the Trustee, without recourse, subject to Sections 2.02, 2.04, 2.05 and 2.06, in trust, all the right, title and interest of the Depositor in and to the Mortgage Loans. -------- The trust agreement was dated 5/1/07 and Depositor Structured Assets Securities Corporation did NOT make any recorded Assignment of Deed of Trust. Instead, a Substitution of Trustee was recorded on 11/13/15 by one Carol Davis of Nationstar Mortgage for the above trust, which has NOT been Assigned a security interest in the Note. She also stated the trust was Attorney-in-Fact and failed to state the party for whom they are Attorney-in-Fact. The trust is an unauthorized party and the document is invalid. Bank of America only acted as a servicing agent followed its acquisition of the operations of Countrywide. Countrywide was one of the primary originators for this trust. But because of the securitization, Bank of America has only acted as a debt collector, and not as a principal, and as a sub-servicer for the trust. Nationstar Mortgage took over the master servicer role for Aurora Loan Services (a Lehman Brothers company) after purchase of their servicing operations. http://www.businesswire.com/news/home/20120629005057/en/Nationstar-Mortgage-Completes-Acquisition-Servicing-Assets-Aurora