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moik

Lis Pendens,Answer, and "Hardest Hit" Funds

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Ok so I have a lis Pendens,complaint, etc that I need to answer.  I'm in SC. FHA mortgage.

 

My new "common law" wife has enough money in 401k to help me out if need be.  I'm currently working with SC Mortgage help to try to get funds.  I'm a commission only salesman and haven't made much money in the past few months.  I have 4 deals pending and should be ok in a few months but I'm at about month 8 without paying.  

 

I'm needing to prepare an answer asap.  I'm working with SC legal services for the SC mortgage help, but they can't help with the answer...Is there a thread or page somewhere with some "basic" responses as I just want to buy time and not give an automatic judgement. SC legal services stated they needed the documents and I was under the impression that they would handle this part, being attorneys but that wasn't the case.  

 

The date it was filed/stamped was Feb 19th. I have 30 days to answer so I need to do something by Thursday if I'm not mistaken or would it be Wednesday today?. It says "non exclusive of the day of service. "  

 

I don't really want to refute or fight anything just give an answer.  I can type out the complaint if need be, it's kinda long.  

 

And does anyone have any experience with the Hardest Hit funds?  I'm self employed and had a slump in income.  I should be alright later this year but this sucks for now.  

 

This forum seems pretty slow but hopefully I can get some replies.  I'm a member here by another name. Can't remember it now and had to create a new log in.  I received good help here a while back on some credit card issues.  

 

Thanks.  

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I'd start by calling plaintiff attorney and see if you can get 15 day extension to answer.  I have some boilerplate defenses and responses in response to lis pendens that I could provide you

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Check your state laws for the length of time you have to answer. Don't rely on what the party suing you says.

 

It usually is 30 days from when you received the notice for court dates, but your state may vary.

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@moik

 

I'm from SC, but have no knowledge about foreclosure.   I'm posting this to bump your thread up in the hopes that someone here can offer suggestions.

 

Good luck!

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Thanks...I spoke with the attorney today about sending in my request to (can't think of the proper word)"work around" such as forbearance, etc.  I will call to ask them for an extension as well and see.    @usctrojanalum can you point me to your ideas if you can PM me if you can.  

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I will post them here.  I do per diem paralegal services and one of the attorneys I do work for does foreclosure and mortgage mod defense.  Below are the affirmative defenses he used in his last answer.

 

 

Now let me preface with this, in New York..... **YOU DO NOT HAVE TO BE SPECIFIC IN YOUR ANSWER UNLESS YOU PUT FORTH A FRAUD DEFENSE**  These affirmative defenses alone, might not work where you live. There might be additional requirements, so do not just use these defenses blindly, these are to just give you or anyone viewing this thread an idea of where to start.  I know some states require more specific answers and not just mere conclusory statements.

 

 

AFFIRMATIVE DEFENSES 

 

 

1. Lack of Standing.  Plaintiff does not have standing to sue because it is not the legal owner of the Note and/or Mortgage and does not have authority to foreclose.
 
2. Partial or Full payment.  The Defendant’s have made payments that have not been properly credited or applied and are not reflected in the Foreclosure Complaint
 
3. That the plaintiff is not in control of the necessary documents or witnesses that are necessary to prove the plaintiff’s claims.
 
4. The Court lacks personal jurisdiction over the defendants.
 
5. The complaint fails to state a cause of action on which relief can be granted.
 
6. The defendant never entered into any agreement with the plaintiff to borrow or repay money.

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Ok just got off of the phone with attorney's office.  They confirmed that they received my foreclosure intervention request and uploaded it to the lender. I had sent in a request for 15 day extension when I faxed in the intervention form.  I asked if they could give me some written acknowledgement that they receivers my request and that they grant the extension.  The lady I spoke with in all of her crabby short pissy attitude  said they did grant an extension til april 4th. When asked for written acknowledgement she said "no, I'm just telling you verbally..." what a b word.  I did get her name and make a note.  Do you think I should go ahead and try to do an answer anyways. I don't know about this.  This is PNC mortgage, attorney is in columbia.  Is there no basic way of kinda pleading the fifth without saying such?  

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Ok didn't know this would still be this high up on the board.  As an update, I did another thread and of course someone said I shouldn't  try to answer pro se.  I'm aware of that. Just looking for any options if needbe.  I'm waiting on a call back from an attorney now but don't know how much he'd charge.  I'll copy and paste what I posted there.  ------

 

So I got served a complaint and lis pendens a few months back. bought some time due to trying for intervention, supposedly it got denied due to not getting docs in but I sent what they asked for. I'm trying to get some local funds form the "hardest hit" funds to help right this ship. I work contract work during the day that slumped that put me here. I see things turning around but I'm looking for full time work to help with income....that's my sob story for now.  Basically I want to at least answer this thing and buy myself a little more time til I get a job and make my case look better for the funds application.  Anyways I'll post the complaint below. Please forgive any errors as it's 530 am.  Please tag or notify any friends on the board that might be knowledgeable.  I did one of these for a credit card but this is different.  Thanks.... 

 

The plaintiff alleges as follow:
 
1.The plaintiff, a corporation or other legal entity, brings this forelcosre action to collect a debt and or enforce a mortgage, security interest of other reights in property securing the debt
2. The plaintiff is the serivcer and or mortgagee of the note and mortgage covering real property located in Greenville country which is the subject of the within captioned action, and is entitled to enforce same
3 The defentdants named herein may have an interest in the property that is the subject of this action
4. Any defendants described hrein as judgement creidtors have by filing judgements deignate the attorneys entering the judgements as their agent for service of process purusant to the provisions of 15-35-840 of the south carolina doe of laws(1976 amended)
5. Upon information and belief, the defendent (my name) is not in the military service of the United States of America pursuant to the provision of the Servicemembers civil relief act(2003)
6. On or about (the date I bought the house) for value (my name) executed and delivered to National city mortgage a division of nation city bank a certain promissory note in the sum of xxxxxx, together with interest theron pursuant to the terms of the note.
7. To secure the payment of the said note and debt, secured thereby, and in accordance with the terms and conditions thereof, on (date I bout the house ) (My name) executed and delivered to National city mortgage a divsion of nation city band, it's successors and assigns, a mortgage covering the following described property:(legal servey description and address)
 
8. Thereafter the mortgage was recorded in the Office of the Register of deeds for greenville county in book xxx at pagexxxx on x date
 
9. The above reference instrument constitutes a purchase money mortgage with the proceeds of the loand being used to purchase the peroperty above described
 
10 Thereafer, the subject mortgage was assigned or otherwise transferrred as follows:  (a) effective october(of same purchase year) national city mortgage was acquired by national city bank and ( B) Effective Novermber 7 of (the following year) National City Bank was acquired by PNC bank, national asociation, the present lienholder and plaintiff herein
 
11. Pursuant to the administrative order of the chief justice 2009-05-22-01, the loan that may be subject of this action is held by a participant in the Home Affordable Modification Program (HMP) however the loan is not subject to modification under the HMP because the loan is insured by HUD
 
12. Pursuant to the terms of the mortgage, any sums paid by the plaintiff for inspecting and securing the subject property, for fire and other hazard insurance, taxes and assessments for the mortgaged premises, and any costs of collection, including reasonable attorney's fees, are secured by the mortgage
13 The monthly payments due on said note and mortgage are in default since June 1 2013, although demand for the payment thereof has been made and the plaintiff as the holder of the said note and mortgage , after providing all required notices, elects to, and does declare the entire balance of said indebtness due and payable and that there is due on said note and mortagage as of June 1, 2013  the sum of xxxx, together with interest at the reate of 5.75% per annym, from May 1 2013 and also for the costs and disbursments of the this action, including attorney's fees
 
14. Pursuant to Section 37-3-104 south carolina code of laws the mortgage lien, which is subject of this action, is a first lien on real estate and is not a 'consumer loan' for the purposes of the south carolina consumer protection code. Any notice of right to cure has been given as required. 
15. the plaintiff does not demand a deficiency judgement in the even the sale of the real estate herein does not yield a sum sufficient to satisfy all indebtedness due unto the plaintiff including costs and attorneys fees
 
16 The following defendants claim or may claim a lien upon or interest in the subject as follows
 
a. SC department of revenue, b. (HOA name  notice of lien and date,  c Comprehensive legal solutions
 
The interests or liens of the above defendants if any are junior and subordinate to the plaintiffs purchase money mortgage
Wherefore having fully set forth it's complain the plaintiff prays that this honorable court inquire into the matters set forth herein and that: 1 the anount due upon the said note and mortgage held by the plaintiff be ascertained and determined unde the direction of this court, together with attorneys fees and the costs of this action
2 the said plaintiffs mortgage be declared a first mortgage lien and that the said plaintiff have judgement of foreclosure for the amount so found to be due and owing thereon, together with any taxes or insurance premiums which may be due, with a reasonable sum as attorneys fees and the costs of this action.
 
3. the mortgaged premises be sold under the direction of this court, the equity of redemption be barred athat the proceeds of sale be applied as followsFirst to the costs and expenses of the within action and sale, second to the payment and discharge of the amount due on plaintffs note and third the surplus if any be distributed according to law
4. An order be entered directing and empowering the sheriff of Greenville county, south carolina to place the successful purchaser at said foreclosure sale in possession of the property hereinabove described should the same become necessary. 
 
5. An order be entered for the ejectment of the defendants in possession herein and all persons claiming thereunder and the removal therefrom of all furnishings, fixtures, and items not subject to the lien of the plaintiffs mortgage, which personal property if not removed shall be deemed abandoned and shall be removed by the plaintiff or its agents form the subject property by placing said property on the public street or highway or by an other means
6. An order be entered granting the appointment of a receiver to secure and supervise the rental of the property sought to be foreclosed with authority to take possession thereof and collect rents, issues and profits thereon during the pendency of this action and to hold the same as furhter security for plaintiffs debt
7. an order be entered for reimbursement of all costs for inspecting and securing the property incurred by the plaintiff as a result of delinquency.
8. And order be entered for such other and further relief as may be just and proper
 

blah blah law firm...

--------Thanks....any suggestions or advice would be helpful

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