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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srsd

I have a very unusual question.  we have or had a court date of January 29th for eviction hearing....that is Tuesday if I am right....today we got a letter from our circuit clerk....it stated that the judgment was ruled against us and we would have to vacate the premises immediately.  How can we be ruled against when the case hasn`t even been heard yet?  It is signed by the judge that was suppose to hear our case.  How can this happen??

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Moose
This isn't legal advice but what did you base the 29th date on?

Something people need to know is the court dockets produced that appear on web sites have no legal standing.

At this stage, it's either an error on the part of the clerk (not unheard of), or a misunderstanding of what was to have taken place.

You need to take whatever it was you had that indicated an eviction hearing date of the 29th down to the clerk's office on Monday and find out what they did, or didn't do. If the information was indeed provided to you in writing by the clerk's office, they need to rescind the most recent letter.

If the clerk hums and hahs and does the "I don't understand" dance I would suggest you get some help from the local legal aid organization to get a motion filed to reschedule the eviction hearing.

Moose

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srsd

Delivered via mail from circuit clerks office.

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Digger
Over the weekend, check your state, city or county Property Code, including the rules of the court, to find out what is required before an eviction can take place. In some, if not all areas, an eviction hearing is mandatory, so you need to find out if your due process rights are being violated as well, which can be added to the pile of their other unlawful acts.

It sounds like they opted to go against the grain (law) on this one, which is very typical in mortgage servicing fraud cases.  It is to prevent you from interrupting their conveyor of foreclosures, having your day in court, and providing your evidence (assuming you have some) to stop the unlawful seizure. 

Unfortunately, I don't know your situation, so I assume because you are here, that you are innocent of wrongdoing.  So, if you are right... FIGHT!
 
Good Luck!
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digger,  I plan on fighting as long as I can.  Drop me an e-mail and I will tell you about my situation......it is the same as everyone else`s with a little twist to it. I have a lot of proof of wrong doing.  I have always been a packrat and kept everything and after all of this started, I even started keeping the envelopes.

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noodles
srsd,
My heart hurts for you and the anguish you must be going through at this moment.
Please know prayers are with you, I hate that you now have to wait the entire weekend, before you are able to find any resolve to this matter.

May you have strength, to carry you through the weekend with as little stress and pain as possible. (i know much easier said than done), but those are my hopes for you.
and may you receive the outcome, you are looking for.
God Bless, and please keep us posted. and Good Luck
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srsd

Thank you so much....I know in the end this is all going to be OK because we have done nothing wrong.....I even have a letter that was sent by Citi Residential stating that they had made a mistake(2 days  after the foreclosure) and it had caused a lot of confusion.  I guess it is too late after your house has been stolen from you.

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srsd
As far as being sad ....no....I am not....I am MAD.....I have a house to go to but there are so many that do not.  We are very fortunate and I thank God for helping us and getting us this far.  I nearly died 3 years ago and stayed on life support for a little over 4 weeks and I have learned what is important in life. I hate this is happening because this is the only house my son has ever lived in and it is hurting him and when my son hurts......I become very strong.
I just hope I can keep a clear and level head during all of this......I will be at the court house Monday and Tuesday and maybe the rest of the week.......I might need someone to bail me out if I get arrested.
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noodles
Best of luck to you this morning.
Excellent to hear you are MAD! Thats how the best fightin is done.
Let us know!
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