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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Hi All

My state NJ currently has a foreclosure mediation program.
I just received a letter from the judge instructing me to attend the voluntary mediation hearing/meeting. In the request from the judge he states that I should attend the meeting in person however the plaintiff need only confer via a phone hook up. The judge also mentioned that if I do not attend the Voluntary meeting/hearing that the case will be awarded to the plaintiff in the form of a summary judgment however if the plaintiff should miss the phone hook up then the case will be dismissed without prejudice.

Is this entire mediation bogus? What should I expect from the meeting?

I find the process of negotiating with my adversary, an adversary that I accused in my answer to there complaint of having no standing to bring a foreclosure action. If I feel they have no legal standing to foreclose then why would I feel they have the authority to negotiate a deal on the mortgage loan?

Now please what can I expect from this mediation? Is agreeing to a meeting an admission of guilt? Is it a sign of weakness? Must I submit financials at the meeting? Is this just a formality? I have no intention of keeping the property, I am just looking to stall the foreclosure so I guess from a stall tactic it is wise to attend the meeting and see what it is all about.

The court has yet to rule on my motion to dismiss. I also feel that the court is being easy on the plaintiff. I must attend the meeting and they get to sit in the comfort of there office, I must take a day off from work, commute back and forth to the court house and spend a day at the court house. It seems like the court deck of cards is stacked against me already.

Any comments or opinions are greatly appreciated.

TIA

Acesfull


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Bill
I'm not an attorney and this isn't legal advice.........

I personally know someone proceeding without an attorney that has been in a hearing such as this for over two years and the whole case has stalled.  My suggestion is that you should seriously consider attending this hearing because it will result in a delay of the proceedings.  I would be adamant about trying to work out some modification.  I would go into the hearing asking for a HAMP modification.  Tell them you have income and want to keep your home.  You feel some kind of HAMP modification would benefit all the parties.  This again would add a significant delay to the proceedings. 

While I understand that it is difficult to miss a day of work (if you had the money to miss a day with no impact you wouldn't be behind on your mortgage), that one day of work can have the effect of saving you MONTHS of rent payments you would be required to make if your case is decided sooner and you are given the boot from the property. 

I have not read the order from the judge, but from your post, it appears you are pretty much required to attend or risk some kind default judgment.  I'm not sure this does NOT violate your due process, but I wouldn't want to be the one to test this without an attorney.

The bottom line is I personally would show up with bells on, very positive, and stress how much you feel a modification would help everyone.

 If you have not done so I would also suggest that you begin some effective discovery.  You need to read and understand the local rules.  Summary Judgment in most jurisdictions is NOT appropriate while there is discovery pending.  See:

Velantzas v. Colgate-Palmolive Co., 536 A. 2d 237 - NJ: Supreme Court 1988

The record in this case does not disclose the extent of discovery afforded to defendant or whether it was complete.

Generally, we seek to afford "every litigant who has a bona fide cause of action or defense the opportunity for full exposure of his case." United Rental Equip. Co. v. Aetna Life and Casualty Ins. Co., 74 N.J. 92, 99 (1977) (citing Robbins v. Jersey City, 23 N.J. 229, 240-41 (1957)). When "critical facts are peculiarly within the moving party's knowledge," it is especially inappropriate to grant summary judgment when discovery is incomplete. Martin v. Educational Testing Serv., Inc., 179 N.J. Super. 317, 326 (Ch.Div. 1981). In such cases the standard remains that of Bilotti v. Accurate Forming Corp., 39 N.J. 184, 193 (1963):

This would tend to add long delays to your case. 

 

 

Read and understand the local rules.  Look up the cases in your jurisdiction.  Use any delay you have wisely. 

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I would file Request for Production requesting all loan documents, original notes,mortgages, proof of mortgage ownership, securization paperwork etc. before going to the hearing. 

I would also file a Request to the court to request the presence of Authorized Bank Representative who has the authorization to negotiate the loan modification. Bank attorney is generally not authorized to give loan mod. Usually when this Request is filed, the Bank attorney would cancel the mediation and delay it in the future. If they do show up at Mediation, ask them the Power of Attorney allowing the Bank attorney to negotiate the HAMP. Failure to provide an Authorized Representative from the Lender can be caused to dismiss the case . See IBANEZ case below
http://stopforeclosurefraud.com/2011/07/08/pasillas-v-hsbc-bank-usa-nevada-supreme-court-reverse-sanctionable-offenses-under-the-foreclosure-mediation-program-ibanez-ahmsi-alleged-assignment/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ForeclosureFraudByDinsfla+%28FORECLOSURE+FRAUD+%7C+by+DinSFLA%29
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Hi All

Hi Ann and Bill- Thank you both for your very helpful and informative replies.


I actually thought I was under review for a Hamp, I never was officially notified that I was denied. This is a topic I will bring up at the mediation meeting. I will do whatever it takes to buy some more time in the property.

I intend to argue for a principle reduction however I know most banks are not on board with such a modification.

Thanks again your replies are greatly appreciated.

I will keep everyone posted on the outcome of the mediation meeting.

Best regards

Acesfull


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Hi All

Looking over the letter I received from the judge. It is not actually a mediation meeting that is scheduled. I simply jumped to conclusions because the court enclosed mediation information and suggested I contact a housing counselor. It is actually a Management conference.
I still don't understand why I am required to appear in person and the opposing counsel can appear via a phone hook up?
The process seems biased against me in respect that my time is not as valuable as opposing counsels time.
May be I can request a phone hook up? Anyway just wanted to update.

Here is a paragraph from the letter.

At the time of the conference, I will expect to discuss whatever discovery issues that may be presented. It may also be appropriate to discuss the possibility that any disputes might be resolved by consent or through a referral to some type of complimentary dispute resolution.

All thoughts and opinions welcomed.

TIA

Best regards

Acesfull
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