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 everyone,

I'd like to first off thank you for your answers ahead of time.
I was served with a summons and complaint of foreclosure and thought I had an attorney who was going to represent me but somehow something went wrong. I spoke with the attorney today but we haven't met and I'm concerned about giving my money to a voice on the phone when I have been trying to contact this person for the past two weeks.
They may be a good lawyer, but I really need to be confident in my decision.
... but now I've run out of time.
Can I file for an extension?

Do you think the court will give me more time to find a lawyer?
*brief background... I purchased a home in Brooklyn a couple years ago- 2 mortgages 12.5% and 7.5%, one with an ARM and the other with a balloon. I don't even recognize the name of the plaintiff on the court docs. They're not my mortgage lender, to my knowledge.

Please help! June 30th is my last day to file an answer!
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William A. Roper, Jr.
IwillKEEPmyhome:

I am only just now noting your post.  Waiting until the last moment is a very bad strategy in almost any important matter, but particularly so in legal matters.

I am NOT AN ATTORNEY and am UNFAMILIAR with New York law on this point, but in most jurisdictions courts are fairly generous in allowing out of time answers.  Generally, court believe that parties are entitled to an adjudication of a matter on the merits.

In some jurisdictions, Courts follow the Federal Rules, which provide a mechanism in Rule 6(b) for both enlargements or extensions of time to meet a deadline when requested before the deadline passes and, by motion, and upon a showing of excusable neglect an out of time applicatioin to the court to accept late filed material.  Usually, the documents you are seeking to have admitted out of time -- the late answer in this case -- would need to be appended to a motion requesting the late admission of the material.

In some jurisdictions, late answers are expressly treated separately in the Rules, but in most places a late answer will tend to be entertained, at least until a default judgment is sought and obtained.

You need to carefully consult the New York Rules of Civil Procedure and the associated cases to find the New York Rules that apply in your case.

*

You are fortunate to be located in Brooklyn -- Kings County, New York -- where the Justices of the Kings Supreme Court have been particularly vigilant and assertive in scrutinizing foreclosure filings and denying judgments, even by default, where the filings are deficient.

I would encourage you to search this Forum using the keywords search facility to find brief summaries and posted links to key Kings County decisions denying foreclosure orders.  Also look in the MSF Legal Lounge.

*

Although unrepresented borrowers have probably faired better in Kings County than in any other jurisdiction in the country, you will find that your chances are much improved by obtaining representation from a capable attorney specializing in foreclosure defense.

Unfortunately, obtaining the least capable and most inexperenced attorney may be both costly and even in some cases less effective than a zealous pro se defense, but when represented by an experienced attorney well familiar with mortgage defense and particularly defense before the Kings County bench, you would be better off, though this will probably be expensive.   

In general, the Court LIKE for litigants to be represented by an attorney and an out of time filing which incuded an appearance by an attorney is generally going to be looked upon more favorably than an out of time pro se appearance. 

Also, if preparing a motion for an out of time filing, take care to look up the Rules, law and cases relating to out of time filings in preparing the motion.  You are likely to find yourself STUCK with whatever excuse you give for the out of time filng, whether it is compelling or supported by the law or not.  You have one chance to make a compelling and effective first impression.  In the case of an out of time answer, this may be your only opportunity!  And the Courts will be LESS likely to grant an out of time answer with each passing day, so both speed and precision is essential! 
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William A. Roper, Jr.
It appears as though Section 208.7 Pleadings, Subsection (d) of the "PART 208. Uniform Civil Rules For The New York City Civil Courts" might apply to your answer in New York City.  But there is also a separate set of rules shown as "PART 202. Uniform Civil Rules For The Supreme Court"

According to the information posted at the New York State Unified Court System web site this provision reads:
(d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice.

See:  http://www.courts.state.ny.us/rules/trialcourts/208.shtml#07
The provisions of New York law are very different than the Federal Rules and the Rules in effect in many other states.  For this reason, you would be far better off consulting with a licensed New York attorney or visiting a very good New York law library.

It is unclear whether this is even the correct provision.  And if it is, what the provision actually means is going to be clarified and elaborated in New York cases.
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pro se

I wouldn't file for an extension of time that might not be granted by the court.  I'd file a pro se motion to dismiss, if the judge denies that you will get at least 10 days to file an answer ... or file an answer denying everything and then get an attorney to file an amended answer.

if you don't file on time they can get a default judgment and that would be alot harder to get set aside than filing an amended answer.
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Here is the link to the list of Lawyers in many states including New York who are trained by Niel Garfield Esq. to defend foreclosure.
http://livinglies.files.wordpress.com/2008/08/lawyers-that-get-it-0310.pdf

You can also see samples of Motion to Dismiss and other pleadings on my thread "Tactical Consideration to Foreclosure Defense" at this forum.
It is not too late to file a Motion to Dismiss if you don't have a lawyer. 
Best wishes
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Hi all , im in pa. and im looking to file extension for time but i also know i have to have my answer ready if the judge doesn't allow the extension . Im new to all of this but i want to fight for my home . I also would like to know of a lawyer who is with Garfield , i just found him along with this site . My son has study alot of this but he is in NH coming back tuesday . My last day is tuesday to file .... yes i know the last min. I got some paperwork off the internet but was useless . If i file a answer i should file with it a demand ?  I dont want to dig a hole and the judge , well i dont like him .
any help ?
thanks ...im glad im finding sites like this one .

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William A. Roper, Jr.
Ann makes a good point regarding a motion to dismiss.

New York is one of a few states where appellate courts have held that a defense of lack of standing has to be affirmatively raised by the defendant in a motion to dismiss (or in the answer, I do not remember which) or this defense is waived.  So despite Kings County being a particularly friendly venue for defendants, you need to take special care to timely present and interpose the best defenses available. 

In many other jurisdictions, standing is a Constitutional constraint imposed by the "open courts" provisions of the State Constitution.  In those places where standing has been found to be a Constitutional imperative arising from this Constitutional restraint, Courts have often held that standing cannot be waived, can be addressed by a court sua sponte and may be raised for the first time on appeal.

But you NEVER want to WAIT to present this defense if its validity is in doubt or if it might be waived by failure to timely invoke the defense!  So checking the law and cases in your jurisdiction is essential.  An experienced foreclosure defense lawyer should already know the answer.

It is these sorts of treacherous details that make it important to find a good lawyer!  In addition to the source Ann cites, you also might check to see if a prospective lawyer has attended one of Oliver Max GARDNER's foreclosure boot camps.  Max is also at the forefront of foreclosure defense nationally. 
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h gosh
JoJo:  Being in PA and facing foreclosure is a horror.  First, if you are in Philly, they have separate rules and regulations than the rest of the Commonwealth.  Second, in PA, a foreclosure may be brought on the note or on the mortgage or both.  Third, outside of Philly, the Commonwealth Courts do not acknowledge the UCC.  I recommend you hire an attorney immediately, but be careful, there are lawyers out there who would cut you for the coat on your back.  Do your due diligence in selecting an attorney and ask for references, but don't dawdle.
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If you plan to hire a lawyer and need more time to look for one, I think you can file a motion for Time Extension to the Court and then ask the Judge's office for a hearing date. Whether the Judges give you an extension or not, your Motion is consider a kind of Answer, the Clerk usually does not enter a Default Judgment. Sometime the Judge will give you an Answer yes or no without a hearing but you will get an answer. If she/he denies your Motion for Extension, she/he will give you only few days to file an Answer. In either case you can file a Motion to Dismiss after that. Look at the 3 samples of Motion to Dismiss in my thread Tactical Consideration to foreclosure Defense to see anything similar to your case.

Remember, the party who files the Motion (Motion: Act to move the Court to do something) is responsible to set the hearing. Call the Plaintiff Lawyer and the Judge clerk to set the hearing. If you want to buy time, try to set the hearing as far in the calendar as you can.

If you find a lawyer after you file the Motion to Dismiss, the lawyer can file an Amended Motion to Dismiss if he feels necessary.

In Florida, you don't have to file an Answer immediately before you are able to gather all information thru the Discovery process (Request for Production, Request for Admission, Interrogatories). Use the Discoveries to get all info about your loan, original note,  mortgage, Assignments , lenders, Pool and Service Agreement etc. It could take the Plaintiff months and months to be able to provide you these info. It's the law, the Plaintiff has the burden to prove that they have all legal standing to foreclose. Your Answer must raise all possible Affirmative Defenses so you can use it at trial if needed

Look for lawyer as soon as you can but take time to interview many of them to ensure you get the right lawyer. Don't pay lawyer all upfront, pay in increments money so if the lawyer is not good, you still have money to hire new one. I hear so many story people gave big sum to a lawyer and never heard from him anymore. Choose a lawyer with TRIAL and real estate experience as foreclosure lawsuit is a trial . The Bank usually will respect you more if they see your lawyer is an experienced trial lawyer. You can call the Lawyer Bar in your area to ask for recommendation or look at the link I post for you in the last post.
Read this website http://www.foreclosureprose.com to learn how the foreclosure lawsuit and defense system.
Send me an e-mail at ocean11@the-beach.net, I will e-mail you some foreclosure research I have been collected . Hope this will help. Just relax and move slowly and surely to defense yourself.
I am not a lawyer, I just tell you all I know after months of research and learning and I am still learning.
Best wishes.
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IN THE CIRCUIT COURT OF THE XXXXX                                                                        JUDICIAL CIRCUIT, IN AND FOR MIAMI                                                             DADE COUNTY, FLORIDA

                                                           

                                                            CASE NO:

 

SELECT PORTFOLIO SERVICING, INC.,

 

            Plaintiff(s)

 

VS.

 

SMART

, et al.,

           

            Defendant(s)

 

__________________________________/

 

 

  DEFENDANT SMART’S MOTION FOR ENLARGEMENT OF TIME 

 

 

   The Defendant, Smart,   moves for an Extension of Time to Respond to Plaintiff’s Complaint and as grounds therefore state:

 

1.         The Plaintiff alleges they do not possess the requisite documentation or           

             promissory note, to maintain the instant action.

 

2..          The Defendant disputes the amounts allege to be due and owning to the Plaintiff..

 

3.          Defendant, Smart, requests an extension of time to evaluate this

             claim, retain legal representation, attempt to work out a Loan Modification

             with the Lender, (according to the Lender this may take up to 120 days) , in order to stay in our home, and file an appropriate response, or counterclaim.

 

4.          Defendant has filed certain Demands for disclosures and written verifications

              pursuant to Federal Law needed in order to properly respond to the Complaint.

 

 

             WHEREFORE, Defendants respectfully request this honorable Court to enter an Order granting this motion.

 

 

                                   CERTIFICATE OF SERVICE

    

 

            I HEREBY certify the a true and correct copy of the foregoing has been furnished U.S. Mail to (Plaintiff lawyer)  this ______, December ,2009.

 

                                                                                   Respectfully submitted,

 

                                                                                    _____________________________

                                                                                    Defendant’s Name, Address

 

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William A. Roper, Jr.
It appears as though the Pennsylvania Rule of Civil Procedure relating to enlargement of time is probably Rule 248.  It reads:

Rule 248. Modification of Time.
The time prescribed by any rule of civil procedure for the doing of any act may be extended or shortened by written agreement of the parties or by order of court.

See:  http://www.pacode.com/secure/data/231/chapter200/s248.html

For the PA Rules Generally, see:

http://www.pacode.com/secure/data/231/partItoc.html

I am UNSURE as to whether this IS the correct Rule and citation and you ought to verify this with a Pennsylvania attorney.

*

IF you seek an enlargement of time, you should probably do this by written motion.  Be sure to ask for the time you believe you really need.  Also, you will probably need to attach an affidavit as evidence in support of your motion.

Be sure to check the Local Rules for your county to see whether there are any other special Rules that apply.
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jojo
Hi and thanks for the info , its in west chester , pa . and yes they have there own rules as i learn on friday .I am posting a form i got , hoping it is the right one . They dont help you at the court house . And   if i file , i will file a answer with a demand  ??
Click image for larger version - Name: west_chester_001.jpg, Views: 26, Size: 347.90 KB
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Here are some sites i just found

http://www.foreclosurehamlet.org/

http://www.thehomeownersrevolt.com/

http://the.dariobusch.com/

http://livinglies.wordpress.com/

http://www.foreclosureprose.com/

anyone who wants to reach me ...ladyoniron@comcast.net
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Prose Litigant files this Qualify Written Request together with Motion for Time Extension to put himself in Discovery process to prevent the Plaintiff to short cut the case by filing their Motion for  Default or  Summary Judgment. It is improper for the Court to issue Summary Judgment when the Defendant is still in discovery.

    IN THE CIRCUIT COURT OF THE  JUDICIAL CIRCUIT, IN AND                             DADE COUNTY, FLORIDA

                                                           

                                                            CASE NO:

 

SELECT PORTFOLIO SERVICING, INC.,

 

            Plaintiff(s)

 

VS.

 

SMART

, et al.,

           

            Defendant(s)

 

__________________________________/

 

                             QUALIFY WRITTEN REQUEST

 

The Defendant hereby requests the Plaintiff information about the fees, costs and escrow accounting of my loan. This demand is a Qualified written Request (QWR), pursuant to the Real Estate Settlement and Procedures Act (RESPA),12 U.S.C. § 2605(e).

 

The documents requesteed should be mailed to (Defendant address)

The information I request as part of this QWR is as follows:

1) The current interest rate on this account.

2) The adjustment dates of each interest rate adjustment on this account, with the corresponding

adjustment amount.

3) Who the current holder of the mortgage is, and their mailing address for process of service, along with a current telephone number.

4) Who the current holder of the note is, and their mailing address for process of service, alongwith a current telephone number.

5) The date that the current holder acquired this mortgage and from whom it was acquired from.

6) The date your firm began servicing the loan.

7) The previous servicer of the loan.

8) The monthly principal and interest payments, and monthly escrow payments received from the date of the loan’s closing to the date of this QWR;

9) A complete payment history of how those payments were applied, including the amounts applied to principal, interest, escrow, and other charges;

10) The total amount due of any unpaid principal, interest, escrow charges, and other charges due as of the date of this letter. Please list separately and identify each amount due;

11) The total amount of principal paid on the account up to the date of this letter;

12) The payment dates, purposes of payment and recipient of any and all foreclosure fees and costs that have been charged to my account;

13) A breakdown of the current escrow charges showing how it is calculated and the reasons for any increase within the last 24 months;

14) A breakdown of any shortage, deficiency or surplus in the escrow account over the past three years.

15) A breakdown of all charges accrued on the account since the date of closing, that includes but is not limited by, late charges, appraisal fees, property inspection fees, forced placed insurance charges, legal fees, and recoverable corporate advances.

16) A statement indicating which covenants of the mortgage and/or note authorize each charge.

17) Please provide a copy of all appraisals, property inspections, and risk assessments completed for this account.

18) Please provide a copy of all trust agreements pertaining to this account.

19) Please provide a copy of all servicing agreements (master, sub-servicing, contingency, specialty, and back-up) pertaining to this account.

20) Please provide a copy of all written loss-mitigation rules and work-out procedures for this account.

21) Please provide a copy of all manuals pertaining to the servicing of this account.

22) Please provide a copy of the LSAMS Transaction History Report for this account, and include a description of all fee codes.

23) If this account is registered with MERS, state its MIN number.

24) A statement indicating the amount to pay this loan off in full as June 30, 2010.

I hereby dispute all late fees, charges, inspection fees, property appraisal fees, forced placed insurance charges, legal fees, and corporate advances charged to this account. Additionally, I believe my account is in error. Pursuant to 12 U.S.C. § 2605(e), you are hereby notified that placing any negative coding on my credit report before responding to this letter is a violation of RESPA and the FCRA. Your organization will

be subject to civil liability if negative coding appears for this account before a response to this QWR isissued to me.

Please provide me confirmation that you have received this QWR within 20 days, as required under 12 U.S.C. § 2605(e). Thereafter, please respond to these questions within 60 days of receipt of this letter, also as required under 12 U.S.C. § 2605(e).

 

 

 

 _________________

Defendant Name/Address

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here is another good site


How To Locate The SEC Documents of Your Mortgage Trust

http://www.secinfo.com/

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here is another good site


https://www.mers-servicerid.org/sis/search
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Just read posts above... all good information! Please feel free to call me and let me know if you have filed any documents in the Supreme Court, County of Kings.  I can advise you on how to proceed as a pro se or I can refer you to our attorney who does a great job defending foreclosures... whatever you prefer, I'm here to help you cause we need to take back our homes... ONE HOME AT A TIME!!!!  I'm in in New York, and we have had some good successes.  A number of them are still in litigation, as litigation can be a long drawn out process.  Just last month though - June - a bank that had filed foreclosure on a homeowner, after the case was dismissed in June 2009, now in June 2010, bank filed to REMOVE their lis pendens!!!!  So the homeowner has NO LIEN on his 2-family house, original mortgage amount in excess of $600k!!!! God is good!
Two weeks ago, our attorney got summary judgment dismissed on a house I own in NJ!!!  And on another ppty in foreclosure in NJ for a client, attnys for bank called 4 times since last Friday wanting to discuss settlement with our attny.
So, please send me an email and I'll send you my phone #, and I'll discuss options open to you. All the best!
Angela
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hi angela , i just email you for your #
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