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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Steve Anderson

Hi, I live in a small town and need to contact the lender about something to do with my foreclosure. I keep hearing that it is not a good idea, but I can't even get a response from their attorney. It seems I keep getting different responses from a lot of people about who you can communicate with after a summons is delivered and you get into the motions to dismiss and the answer. I would appreciate any dealings you have had in this regard so I can prepare and proceed accordingly, thankd, SA

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george burns
Note: I am not a lawyer and this is not legal advice. (It also bothers me that we have become such a dumb and stupid society that such disclaimers are needed even in a setting such as this forum. But, I guess, we reap what we sow.)

As far as I know, the parties in a lawsuit are not supposed to have any direct contact or communication. All contact and communications are done through the legal representatives.

Also, casual communications such as you are indicating have no place nor are they recognized in the legal proceedings. Most, if not all, communications must be filed with the court and comply with the rules of that jurisdiction.

So letters asking questions would not be acceptable nor recognized.

I suggest that you look in the other sections of this website for some guidance on the process and for examples of pleadings. You might also want to search this Forum for posts done by persons such as William Roper, Gary Wait, Texas, Bill and others to see how they responded to others who asked a similar question.
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Steve Anderson
So, what everyone is saying, is, the judge or the court handles all the proceedings. Well, a friend of mine's brother-in-law talks to the other attorney all the time on the phone. I mean, you must have to communicate with the lender's attorney sometime. How can there be any sort of compromise or consideration when some settlement must be reached.

I guess, since I have never been involved in anything like this, the way it is handled seems like it is different for every party in the proceedings. I just wanted to find out if he received something as he hasn't responded on anything I filed or sent him since the whole foreclosure started. Thanks for assisting, SA
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George Burns
Please read what you have posted.

In your first post you asked about "need to contact the lender".

In your second post you stated that "the brother-in-law talks to the other attorney".

Can you not understand that the attorney is not the lender ?

What is it that you want to do?
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Bill
Steve Anderson wrote:
So, what everyone is saying, is, the judge or the court handles all the proceedings. Well, a friend of mine's brother-in-law talks to the other attorney all the time on the phone. I mean, you must have to communicate with the lender's attorney sometime. How can there be any sort of compromise or consideration when some settlement must be reached.

I guess, since I have never been involved in anything like this, the way it is handled seems like it is different for every party in the proceedings. I just wanted to find out if he received something as he hasn't responded on anything I filed or sent him since the whole foreclosure started. Thanks for assisting, SA


I'm not an attorney and this isn't legal advice..............
You will find that once a party files a lawsuit and has an attorney, if you attempt to contact that party you will get the "talk to our attorney" response.  Your correspondence should be sent to the oppisiton's attorney.  All attorneys are different.  In my case the Plaintiff's attorney REFUSED to discuss ANYTHING in regards to the case.  We just corresponded about motions and continuances.  The NEW attorney that was hired is much more receptive to communication and is willing to correspond by mail, email, or even telephone.  There should be no question if the opposition received something because it would be smart to send EVERYTHING with some kind of delivery confirmation (certified mail) and then follow up with another form of delivery (email or fax).  While you may NOT get a response, you will know what is received by the Plaintiff.  Serving something on the oppositions attorney has the same effect as serving it on the party.  It would be smart to have all communications documented, this can be useful down the road.  

As far as asking questions, the time to talk to the Plaintiff ended when they filed a lawsuit against you.  At this point they do NOT need to communicate with you any further.  You need to read the rules in your jurisdiction.  The rules will allow for discovery where you can ask your "questions" using interrogatories, ask for documents, and ask individuals questions using a deposition. 

If I was engaging in informal communication (which does happen) in regards to a HAMP modification or some loss mitigation workout I would still deliver any information and ask questions in writing sent both by certified mail and some other delivery method.  This makes it hard for a servicer to say we didn't get the documents when you have certified mail receipts to their attorneys showing the receipt of the documents. 

Read and UNDERSTAND the local rules.  If you can afford one, do what ever it takes to find a good attorney.   ALWAYS be careful of what information you PROVIDE to the opposition.  Many times this can be used AGAINST you in the case or disclose the flaws in the oppisition's case so they can "fix" them. 
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