Can someone tell me what steps I need to do a foreclosure defense myself.
I need all steps, forms, etc - from
responding to the complaint (over one month still have not been served - 2nd case against me)
I CANNOT FIND OR GET AN ATTORNEY TO REPRESENT ME.
BELOW IS JUST A BRIEF SYNOPSIS
The first Lis Pendis was filed Aug 2010. I was never served.
Sept 9 2010 - I contacted BofA to find out/ get a statement as to what I owe.
Sept 21 2010 - I received a notice from BofA - "We are in the process of obtaining the documentation and information necessary to address your questions and concerns. We will provide a more complete response within (20) business days" - this notice was date stamped September 17
Sept 24 2010 - I received the supposed calculations - some 6,000 - 7,000 which included atty bull fees some 3000 plus - this letter was date stamped Sept 14th - some 10 days after it was received and the previous letter above shows that something it truly amiss AS - THE DUE DATE TO PAY WAS SEPT 23.
Sept 29 2010 - I arrived at a local office demanded answers as to why I was sent a past tense reinstatement computation and how that was VERY ILLEGAL. They called the foreclosure dept and confirmed that I can still pay the amount calculated and I was told that I could mail the check in. I was advised by the Bank to pay the full amount and not just the past due arrears as stated in the letter. The advise and the letter gave me the option with just making a partial payment. The letter only gave me the option with sending payment via certified check and the bank as well stated I must send funds via certified check
Oct 1 2010 - I mailed out the Certified Check
Oct 20 2010- Received letter from BoA and they returned my check and are trying to extort more money from me "Please note that additional funds may become past due until your account is brought fully account" - here comes the good part:
1. Their letter states - had my check since Oct 5th
2. Their letter is dated - October 13
3. The envelope is Pitney/Bowes metered AS OCT 14 - but was not mailed until days later since I did not get this letter aka the extortion until TODAY WEDNESDAY OCT 20
4. THEY HAVE NOT SENT ME ANY LETTER INFORMING ME WHAT THE NEW EXTORTION AMOUNT IS.
Oct 21 2010 – I went back to the Local BoA Branch and demanded to speak to the Branch Manager – The MORON after his “I can’t believe my bank refused your full payment…..”, he confers with this rep that helped me on Sept 29 who called the 1-800 # and check his phone logs, after all of this, this swill monger stated – I guess the Foreclosure dept and my branch gave you bad advise, . And so many words – his response pretty much was TOO BAD SO SAD
From Oct 21 2010 until March 16 2010 I could not find an atty to represent me since I was not a victim of the Real Estate market, I just had unemployment issues. Pretty much every atty – either cancelled my appointments, never responded to my voicemails/emails and one even after he saw the info on my mortgage loan – “I am looking for bigger fish to fry” this creep referred me to an atty – who ripped me off and is now in JAIL
I WAS NEVER SERVED
Jan 2011 – I sent letter to the gov’t and got a case number and to this date (April 28 2012) I never got a response back from BoA
March 2011 – I retained an atty who did not inform me that she was being indicted for multi-million dollar mortgage fraud. I did not meet with the atty, I met with the atty’s assistant was given the spiel lure that they have been doing foreclosure defense for years. I handed over copies of everything and I was told not to sorry, my foreclosure case has been shelved for a while since the plaintiff has to reassign to another firm since David Stern was being investigated and that was a good thing as this this gives us more time to raise your defense and counterclaim for fraud since I have ample evidence of fraud and since all I want is to litigate and get my loan reinstated – the evidence we have, my not being served, and since they are hundreds of thousands of foreclosure cases in the courts and my having EVIDENCE – I WAS TOLD I WOULD WIN AND NOT TO WORRY
After waiting months and not getting any updates from my attorney or her law firm, I started mailing letters and emails.
After I started making demands – I got an email stating I had to come in and sign new papers due to my atty changing the name of her law firm – I STATED I SIGN NOTHING UNTIL I GET MY UPDATES SO I CAN MAKE A DECISION AND THAT THESE UPDATED BETTER SHOW EVERYTHING INCLUDING ANY/ALL LITIGATION WIT H THE OPPOSING FIRM.
For months this went on.
I started to google the atty in Oct-Nov 2011 and I found out that she had been indicated since March-April 2011.
She was indicated for multi-million dollar mortgage fraud and is in JAIL.
MY atty took my 5,000
never did any defense
never did anything regarding my legal grounds to fight/object and submit a countersuit
never contacted the opposing
never filed anything only a motion for dismissal for my not being served
I finally got correspondence – an after the fact correspondence and in so many words – they told me to fK off. - they no longer represent me - I retained them based on what they told me and THEY DID NOTHING.
My case got dismissed WOWIE – AND THIS IS A NEW CASE – 5,000 AND THERE IS ANOTHER FORECLOSURE CASE AGAINST ME
I checked all of the papers that were sent to me – a very thick FedEx – the reason why it was so thick – they made triple copies of everything, and the everything pretty much were – what I gave them, copy of the case,
There is no documentation showing any litigation, any contact with the opposing Law Firms (Stern or the new One)
I did speak with the Opposing Law Firm for the First Filing and I was informed my atty never litigated, never contacted them.
I AM A VICTIM OF BANK FRAUD – BANK OF AMERICA –
Sending me an illegal reinstatement letter – this letter had erroneous dates, past tense due date and computations.
Flood Insurance – My home is one of several townhomes and we share a flood insurance policy. All of the townhomes are valued the same per the Broward County Property Appraiser and all have the same sq footage and value. BoA is trying to force me to buy Floor Insurance thru them since they are tripling the value of my home
I AM ALSO A VICTIM OF LAWYER MALPRACTICE
I was instructed to stop sending in my monthly mortgage payments – all of the payments have been sent back
(march 2011 was my last payment I sent)
I was not instructed that I should have had a separate bank account for all of my previous payments (I found out that they should have advised me to do this)
I was told they would file defenses and countersuit = NEVER HAPPENED
I was told they would contact atty about the fraudulent flood insurance extortion = NEVER HAPPENED.
I am now $5,000 in the hole
THERE IS A NEW CASE FILED
I have called since Nov-Dec 2011 after I found out that my atty was in jail and that they never litigated –
I have been trying since Nov-Dec 2011 to get a new atty
NOW with the new recent case filed – march 2011 = I am getting atty flyers in the mail.
WITHIN THE PAST 1.5 WEEKS
I HAVE CALLED OVER 30 ATTYS
left messages with the assistant / voicemail – most have not called me back; one assistant did and after speaking to her for 5 minutes – she yells I have to hang up now I have a Judge on the phone I will call you back with a scheduled times, after waiting several days for her to call me back – I emailed the law firm – THEY ARE NOT TAKING MY CASE
I HAVE EMAILED OVER 20 ATTYS (TWICE –WITHIN 2 WEEKS)
ONE EMAILED ME BACK AND THEN CANCELLED THE APPOINTMENT
I need an attorney in Broward County
I am already $5,000 in the hole
It seems I am going to have to represent myself
Can someone please give me an outline on what I have to do
I STILL HAVE NOT BEEN SERVED ON THIS SECOND FILING