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, I need your assistance asap. I made a motion for an extension of time from one of Ann's templates, so to speak. I filled it all out went to my county court clerk, paid the fee, went to the Supreme Court area dropped off the paperwork and was given a return date.

The court worker kept shaking her head a bit, something about 2 pages, but I had it all on one page. Actually, after studying the motion over again, the affidavit explaining why I needed more time was found in the motion part. After getting this paperwork back, she told me to fill in the dates, send a copy to the plaintiff's lawyer and bring the original back.

So, is it too late to add an affidavit, or am I set now that a date has been set and a judge chosen. I knew there was something I needed to know about. I can see now, why a lawyer is necessary but mine is out of the country at the moment. Will the judge be understanding or will the plaintiff's lawyer file an affidavit to dismiss the motion?

I guess what I am asking, is, can I add this affidavit later on, like in a day or two and it will be accepted or what is the best course of action I can make?

Final inquiry, what is that return date found on the motion mean? Thanks for assisting, Derrick Richards
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James
Derrick,

I am green at this mortgage mess, but if I had done what you did (and probably would have), I would call my court clerk's office and ask if I could bring in the affidavit. If that is not effective for getting help, then someone there can probably direct you in what you need to do. Sometimes the folks in my office are very friendly and helpful, then other times, they are sharp and biting. So brace yourself and focus on what you want to accomplish.

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1.  If the Affidavit is mentioned in the Motion as an Exhibit, I would go back to the Court house and ask the clert to add the missing affidavit attached to the Motion. Then I resend another copy of the Motion with the affidavit to the opposing attorney.
2.  If the Affidavit was not mentioned in the Motion, I would file an Amended Motion to Time Extension  saying that ...Comes now the Defendant , files the Amended Motion to Time Extension adding the Affidavit as Exhibit A missing in the previously filed Motion.... Then repead the wording from the previous Motion. Refile and resend copies to opposing attorney.

 I would call the opposing attorney and ask him to agree to another 60 days of time extension. Usually they would agree for a time period and they would prepare an Agreed Order indicating so. If they don't want to give a time extension then I would call the Judge chamber and ask for a hearing. Judges
often gives 20 days or more time extension if the reasons stated are valid.
If they deny the motion, they would give me an order to file an Answer in 10 days or 20 days. Then  I would file a Motion to Dismiss if I could not find an attorney to take my case.

If you want to keep your house, try to hire an attorney as soon as you can . Pro se don't do well in court and often lost their house at the end.


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H;lo again. Yeah, I know what I should have done now. How come everyone in here and all over the Net, doesn't say, remember to send an affidavit of support to go with your motion for an extension of time. If I knew that doc was needed to go with it, I would advise accordingly.

I think even if they deny my motion for time extension, it will be all right. I had to get into the mix in just 20 days, so now I just need to make the next move properly. The loan due is not that much, so I am not worrying about that too much, don't they offer a meeting with the lender?

The main reason I am defending this matter, is, they entered into a binding agreement with me in April and I sent a lot of emails and went in to visit the lender's credit union many times to resolve this issue and begin repayment. Also, I never got those RPAPL 1304's that are superimportant up here in New York State.

What is probably the strongest Motion to Dismiss that slows the procedures down and the plaintiff has to defend? I don't really understand why sending the answer would not show how much I tried to reconcile and their breaking of an agreement, etc. but I guess a Motion to Dismiss, makes them rethink their position.

The main complaints in the summons don't have a response like many of the ones talked about on the Net. The attorney didn't address hardly any of the issues relating to the estate being in probate just sounded like they were trying to lead a coup on the property, hehe, Derrick's Last Stand.
Thanks for all the assistance again, appreciated, Derrick
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