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How to caption complaint with counterclaims and adding defendants


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So I am in a state foreclosure case. I have been granted leave to amend my answer and affirmative defenses, as well as file counterclaims.

 

I am going to file several counterclaims against bank of america, however, one of the claims, trespassing, would involve adding John Does 1-99 as additional defendants, since the john does were the actual people trespassing onto our property, on the behalf of bank of america, performing 'property inspections.'

 

How would the header be captioned, since now bank of america would be a plaintiff and counter defendant and I would be a defendant and counter plaintiff. Where do the slimy john does go? 

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Guest usctrojanalum

did you also get permission to add defendants too? because even tho they are john does they still technically have to be served.

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Under section 2-402, I have the right to add them as respondents in discovery. I will then have 6 months to determine through discovery to either add them to or dismiss them from the complaint. That might be the best route, since obtaining property inspection reports, with photographs and, crucially dates of the inspection will allow me to know who to go after personally. Its going to be a lot of work, and for as much as I don't really want to do it, I have my family and property rights to protect.   

 

Admin: could you remove the other duplicate posting? I'm not sure why it went up twice.

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Trespassing is normally a criminal offense. I've never heard of it being used as a cause of action in a civil complaint. Unless your state has some weird law that allows this, it will be stricken. There is probably something in the note that allows them to inspect the property in connection with foreclosure, you need to read the 100 pages of crap and find out. It's probably in there. Counterclaims are separate documents. It is your Complaint, just like theirs, titled Defendant's Counterclaim. Normally, defenses to foreclosure are limited to mistake or fraud. Of course payment is a good special defense if you paid.  You may want to check your foreclosure statutes and see if the wet ink note is required to be produced. Counterclaims are hard to make unless you have something related to TILA or RESPA, maybe fake witness signatures, notary, who knows. This is state specific.

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My good friends at edelman are litigating flippin v aurora bank, citing loftus v mingo  right now. In Illinois at least, you have both options. The critical element is "possessory interference."

 

My other idea is not to add additional defendants, but rather hold bank of america vicariously responsible for their agents conduct since they ordered the inspections to be conducted.

 

We were not in default when bank of america began conducting inspections. We were not in default when bank of america issued a notice of intent to accelerate. In fact, we paid the bank, more than required per the terms of the loan agreement, because the bank demanded it, under protest of course. Bank of America verified our 'serious delinquency' that I disputed to the CRAs.

 

Not only did bank of america months later clean up our CR (after foreclosure started), they also sent us a check. The check covers about half of what we were overpaying them for months.

 

Bank of America gave us the bum leg--by falsely reporting our payment history so that we couldnt even look at other alternatives, and breached the contract by assessing fees and charging more in escrow than was agreed upon in contract 3 days before.

 

I can't make this stuff up. And yes, you better believe I will be looking at the ink note. I had previously posted it on here months ago. Oddly, it has a large VOID stamp near, not over a robo-stamped countrywide endorsement.

 

And going back to Edelman...I will have the last laugh on this case. I guarantee it.

 

I want to scream to their lawyers a line made so famous by Admiral Ackbar "It's a trap!!!" but it might give it away.

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