Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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RedPanda
My Vermont home was foreclosed in August 2010; my husband and I moved to a rental property in July 2010. The sheriff's sale was to take place six months post-judgment, but never occurred.

Out of curiosity, I looked at the court calendar for the county in which we lived, and saw that the following motions have been filed by the Plaintiff bank (Bank of America): Motion to Open and Vacate Judgment; Motion to Dismiss Against All Defendants. The Motion to Dismiss states: That said Judgment Order and Decree of Foreclosure is no longer a valid Judgment and this action is required to be re-started.

The motions have been scheduled for a hearing at the end of April.

What does this mean? Would it no longer be a valid judgment because the sheriff's sale never took place? I can't understand why they would wait close to two years since the final judgment was entered. But, at the end of the day, I just don't want to deal with this anymore. They wanted the house, and they can have it. If there's a deficiency post-sale, I'll file a Ch 7. We certainly don't have any assets they can come after!

Any answers would be very much appreciated! Thanks very much!

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   One possibility is that the foreclosure was so defective, the plaintiff could
not get title insurance. Without title insurance, the plaintiff could not sell the
property to a new buyer.
   If the motion is granted, I would look into doing a Quiet Title action before
the plaintiff refiles its case. You may be able to win and get back your home
free and clear. In order to do this, you will need a qualified title attorney who
is capable of relitigating the case with you as the plaintiff the second time
around.
   Personally, I have seen alot of cases like this one in Florida. Very often
the home is abandoned because the owner never bothered to contest the
foreclosure. The plaintiff's case gets stalled because it can not prove its
case. I have a beautiful home in my neighborhood which has been sitting and
gathering mold for three years due to such a situation.
   When I tracked down the owner, she had no interest in defending and no
interest in selling. Apparently, the plaintiff could not find her for service of
process. I'm sure the plaintiff would pay her for a quit claim deed in order
to close the case. Perhaps you should look at that option also.
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Mario Kenny
I would move back in that house and answer the complaint. hey Will is that true?
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topguncrdtadvsr
Red Panda,

You make it difficult to discern what actually has transpired. From the way you say it a sale was suppose to take place but maybe actually never did. 

My Vermont home was foreclosed in August 2010; my husband and I moved to a rental property in July 2010. The sheriff's sale was to take place six months post-judgment, but never occurred.

It sounds like they told you a sale would happen so you vacated then for whatever reason they decided not to foreclose. I have seen such things but usually when a bk is involved. Numerous factors could make them do such. Did you ever dispute the ownership of the debt prior to sale or answer their complaint in any fashion? Have you ever had an atty to help you with this?

In reviewing Vermont foreclosure laws here http://www.foreclosure.com/statelaw_VT.html
it says you have a judicial foreclosure process prior to a sale happening. So maybe they submitted docs the judge wasn't happy with and this is a subsequent result. I would suggest making a copy of what you have then blacken out your name and identifying factors and scan and load for us to review. It could be educational for everyone. I've not seen this done.

Good choice on waiting on the chp 7 to see what happens with the sale. I've seen people file chp 7 surrender the home then the sale never occurred. Until later when the county took for back taxes. Then the bank placed the (person who filed chp 7)for collections because they never submitted paperwork to the county to retrieve the $72,000 from the tax sale. Even though the  proceeds were enough to pay the back taxes and their lien in ?? However, Citi waited until the time passed by Cuyahoga County Ohio to retrieve the funds.

Needless to say after maternity leave and having the debtor in ?? READY to do anything to HELP THE BANK be done with their crap they yanked the file! Good ole National Asset Recovery Services(BOARD OF DIRECTORS FRAUD KINGS OF THE COUNTRY DAVE KREISMAN AND GERALD SHAPIRO) for ya. Better  yet the BUDDIES OF THE JUDGES!!!

There are many swindlers out here. But even attorneys and judges are the swindlers. I didn't believe such til I had to use their court process for the 1st time in my life. People believe the judge will act in their best interest. BE A TRIER OF THE FACTS! When in REALITY their nothing more than crooks themselves given IMMUNITY TO STEAL AWAY!


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Brian
Maybe the original foreclosure complaint had an incorrect legal description and the plaintiff attempted to have it corrected post final judgement, which, in most/all jurisdictions, the courts will not allow such corrections.  This means that once the error was discovered after final judgement, the only way to correct the incorrect legal description would be to start all over again.  It becomes even more complicated if this incorrect legal description was carrying over from a prior foreclosure action or describes another property.

RedPanda show first check the legal description shown in the complaint to make sure it accurately describes their property.  Maybe this is a good case to support why it might not be a good idea to vacate a property before the foreclosure/sale has been finalized and an eviction action procured through the courts.  Essentially, you having being paying rent for nearly two years unnecessarily.
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