Lost home in foreclosure yesterday- what now?

[expsd2]

I entered a loan modification program with CountryWide Home Loans which required me to be late on my payments. So, I didn't pay for 60 days to qualify. While in the program they instructed me not to make payments until the modification was complete. This went on for months, I kept calling about process, they would tell me to be patient, they have a lot of people in the program. Meanwhile, without my knowledge they sell/assign the note to Bank of New York. Never notified me, until I was served with Foreclosure Complaint in court with the typical lost note, etc. I responded objecting to the complaint, no standing, etc. This went dormant until the judge demanded they produce evidence of fact or he would dismiss the case. They responded with a good faith intent and the judge fired back with trial set on the original complaint with a trial or dismiss. Thought it was in my favor until I went to court yesterday and was land blasted by the judge. I cited Fl rules of civil procedure rule 1.130(a) which specifically states that the note and assignment “shall” be attached to the original complaint or the complaint is defective. This has been held up all over the state including the 4th District court of appeals. The judge laughed at me and called me Mr. Attorney and granted The Bank of New York the foreclosure and set a sell date for Jan 20. My question is “what if anything can I do now?” Please help, I have 3 kids and a wife and we just got screwed out of our home.

[trueq]

OR Get a good consumer attorney to appeal or file an injunction.

[FlaLawyer]

Contact your local legal aid office. You may also wish to contact April Charney at Jacksonville Area Legal Aid.

I talked to one of the foreclosure defense attorneys the other day. Apparently the creditors have now been using an equitable argument to get around the lack of original contract issues.