There is not much time for you to act. So, do your best with what you have.
If you can get it delayed, you may be able to get your ducks in a row to at least present your side of the case.
If it doesn't go your way, the fight isn't over.
If you look in the archives here, there is an attorney in Missouri who successfully beat the stuffing out of EMC. Successes are few and far between. Lawyers don't know the first thing about how to fight mortgage servicing fraud generally. They generally guide the borrower into bankruptcy
which only temporarily keeps their home and further ruins their credit and ultimately ends in foreclosure anyway.
What happens to the borrower is disgusting and many times they get their day in court only to have the judge refuse to hear or consider their evidence.
It's just plain disgusting.
A very few judges have ruled against the big money guys.
The best thing you can do for yourself is know your loan better than anyone else.
Get all your cancelled checks and prove your payments were made timely and that the fees that were added were wrong, errors or a deliberate part of a scam to steal your equity.
I recommend making a spread sheet outlining your payment history for the life of your loan, so the judge can look at it in a couple of minutes and see the clear picture of what happened to your loan and who is at fault for the dispute. You or your mortgage company.
If you made your payments, you are going to need a forensic accounting so you have to get your checks for them to use anyway.
Do not be afraid to state your case to the judge. If you have your spread sheet, you can answer any question put to you by referencing it.
For example. In May, 2004 the mortgage co charged you a late of $$$$
eventhough they received the payment timely. This charge and any further charges resulting from this error should be removed from your account.....
I sent them a letter May 15 with a copy of the cancelled check showing I paid and they deposited the check timely.....
Make a notation on any month what mistake was made and who made it.
That is how you will become a credible witness, by having the facts and the ability to answer any question asked of you by any party, as well as having the proof in your hand.
If you havent done so, make copies of all relevant material for the court.
If you lawyer has all your records, you'll have to wing it but get them back
after the court appearance. We can help you get it organized and prepared.