I like your new attitude and welcome you to the 5% who take control of their situation and decide to not only fight back, but fight for your rights and freedom to own property.
Now that you have now discovered that you were defrauded, the statute of limitations begin when you first discover the fraud.
In every action to foreclose on real property, the moving party MUST meet at least two criteria:
1) They must produce evidence that they are the owner and holder of the original Note
2) They must produce evidence that a default occurred
Some courts don't care about the Original Note - but you do! If the moving party can't prove they own the debt then the court has a duty to stop them at the gate. Some courts allow a "copy" of the Note - but you don't, so you OBJECT, OBJECT AND OBJECT, and you make it clear to the court that you will not allow a copy as evidence because you don't know where they got it or how they got it. There MUST be a paper trail that shows the transfers and the negotiation for value. If the court still allows the copy into evidence, then you state to the court: "Defendant preserves her objection."
If you can afford it, ALWAYS take your own court reporter. If you can't afford it, at least tell the court's reporter that you want a copy of the hearing transcript. You must preserve the record for possible appeal, and to do that, you want to make sure you state your objections and get as much evidence into the record. In case of an appeal, you can only argue what is in the court record. You cannot object to something on appeal, if you did not first object to it in the trial court. It is better to object and be overruled - than to stay silent and lose your right to object on appeal.
If you object and the court asks: "On what grounds?", and you don't know, just tell the court: "I don't know - but something isn't right here and I need to find out what it is, so I am objecting." You are not a lawyer and the court knows that.
As far as accepting a "copy" of the Note; anyone on this Forum can go down to your county land records and obtain a copy of your Note and put their name on it. We can now prove that banksters do it every day.
Don't let the other side control the court by focusing on your (alleged) default. The default is not the issue. The issue is, is this the true owner and holder with the legal rights to collect on the supposed debt? Is the debt secured? or unsecured?, is a very important point. If your can establish the debt is unsecured, then nobody can foreclose.
If I am trying to steal your home, I am going to focus on your alleged default and ignore the owner/holder issue. Many people have unjustly lost their homes to these thieves because the clueless judge was duped into focusing only on the default. The court's reasoning is: If these people aren't paying for the home, then they need to leave. Most court's don't want to believe that the party at the other table is nothing more than a thief, and is one of the players in this theft by deception scheme that caused our foreclosure/financial crisis.
If the foreclosing party is not the true holder in due course, it doesn't matter whether you made a single payment or painted the outside of your home florescent orange or wallpapered your driveway.
Check your property records and look for any suspicious filings. In most cases, the key to winning your case is what is filed - or not filed - in your county land records.
To save money, access your property records online or in person. If you find a faked document, ask the clerk to make you a certified copy of it. If you need help to determine whether a document is faked or forged, come back here and ask for help.