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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At what point does me having to post a bond to appeal become a violation of my right giving me access to the courts?  If you are in foreclosure and don't have a siginificant amount of income how are you going to post a 100 or 200 thousand dollar bond to appeal?   I can appeal without a bond but what is the point if they sell your house and kick you out before you get a response on the appeal? 

IF I don't have a few hundred thousand dollars saved, (why would I be in foreclosure if I did) the only redemy I have if the court makes an incorrect decision is an appeal which doesn't matter?

This can't be an uncommon problem.

Any thoughts?
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William A. Roper, Jr.
A supersedas bond or bond on appeal tends usually to not be a requirement of the appeal, but rather a requirement to stay the effects of judgment during an appeal.

I am aware of one pro se litigant who occasionally participates at this Forum who suffered a summary judgment in June 2008.  He subsequently filed a motion to set aside the judgment as well as an appeal.  He did not have the funds to obtain a supersedas bond and the judgment was therefore NOT stayed.

As I recall, on at least two occasions since, he has filed for bankrutpcy which had the effect of staying a scheduled sale.

He is no longer in bankruptcy adn the appeal is advancing.  The appellee actually failed to file it appellee's brief and will almost surely now LOSE the appeal.  This brief was originally due almost six months ago.  Incredibly, the appellee asked for an obtained an enlargement of time to file the brief and then missed the deadline again!  You are likely to be reading the decision in this case within the next few months.

This litigant has remained in his property throughout.


Let me put this another way.  The plaintiffs are STILL winning most of their cases by default and are winning most of the others when defendants answer and interpose ineffective defenses OR fail to conduct discovery or to put on admissible evidence for summary judgment.

When you initiate discovery, the plaintiff may very well ask for additional time to answer.  Give it to them.  Then hit them with another discovery request.  They are likely to ask for still more time.  Give it to them.  Then ask them some really tough questions and show their perjury and forgery.

If you litigate effectively, you will NOT be faced with an adverse summary judgment.

If you are faced with a summary judgment, have your case packaged to succeed on appeal.  The post judgment process VARIES WIDELY from jurisdiction to jurisdiction.  In some places, the borrower has a right of redemption.  In many places, a judicial order of sale is still subject to an order of confirmation of sale.

The foreclosure mills can very often get two dozen other default judgments in the time it takes to respond to you in a well defended case.  Foreclosure volumes were already increasing BEFORE the foreclosure fraud meltdown.  Plaintiff are having to withdraw false affidavits and substitute new evidence.  These mills are under civil and criminal investigation.  The foreclosure mills are in chaos!

You very well may discover that the law firm litigating your case will implode BEFORE your case goes to hearing OR that the firm implodes after a decision while the matter is on appeal.

While your question is a reasonable one, I think that you are being perhaps a little negative and also expecting that processes can be completed much more quickly than they probably can be.

Keep your chin up!  When ALL of the attorneys in the foreclosure mill bringing the suit are DISBARRED, they are very likely to MISS a deadline!  
As for the Constitutionality of such bonds, I think that there is a substantial body of law finding such requirements to be permissible.  Texaco had to file for bankruptcy some years ago after losing the Texaco - Penzoil case, relating to the the purchase of Getty Oil.  Texaco couldn't afford the bond! 
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I reviewed many foreclosure cases at the court house in Florida, a judicial state (lender has to initial lawsuit to foreclose on the house). I see 2 interesting strategies to defense foreclosure as follows:

1.  File a time extension when served with the lawsuit.
2.  File a Motion to Dismiss.
3.  Wait for the Plaintiff files Answer to the Motion to Dismis.
4.  File Amended Motion to Dismis adding more issues
5.  If MTD is denied, file an appeal. This way Defendant avoids
     Summary Judgment.
6.  If lost in Appeal, Appeal Court will send back the case to Circuit Court.
     It could take a year before case is heard at Appeal Court
7.  If win in Appeal, the case will be dismissed.
8.  If lost in Appeal, go to n.5 and continue

1.  File a time extension when served with the lawsuit.
2.  File a Motion to Dismiss.
3.  Wait for the Plaintiff files Answer to the Motion to Dismis.
4.  File Amended Motion to Dismis adding more issues
5.  If MTD is denied, file Motion to Strike Plaintiff complaint
6.  Or File Answer with Affirmative Defenses
7.  Serve Plaintiff with First Request for Production, Admission, Interrogatories
8.  File Motion to Compel if Plaintiff refuses to Answer to Discovery.
9.  When Plaintiff answer to Discovery, file Second Discovery for more info.
     File 3rd Discovery if needed to get more info and documents
10.  File Motion for Leave to Amended Defendant's Answer
11. File Amended Answer with more Affirmative Defenses
12.  If Plaintiff file Motion to Summary Judgment, file Opposition to Summary Judgment and Motion to strike all Plaintiff  MSJ Affidavits.
13.  File a Motion to Request Evidential Hearing.
14. In most states, Summary Judgment is improper if the parties are still in
15. If lost at Summary Judgment, file Appeal as soon as possible
16. Or file Motion to Vacate Summary Judgment.
17. If lost, file Motion to Reconsider Jugdment
18.  If lost, file Bankruptcy and continue the fight in BK court. List the mortgage and note or the judgment as non secured debt .

All comments are appreciated. Not a legal advice

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