I WENT TO TRIAL, AND WON "sorta" AND I AM MAD AS HELL!
After being in foreclosure since Oct 2008 on July 31st I got my day in court. Being without enough money to hire a lawyer, I have had to go pro se. Much thanks to so many people that have kept me in my home.
I made it through Summary Judgment because although they originally filed a lost note count, they dropped it and declared it found, but it took almost a year for them to produce it. When we had a hearing about it, the judge noted that there was no affidavit saying when they aquired it, and said that they would have to have someone with direct knowledge testify. They then moved for trial.
I had always maintained that the party suing me did not have standing. They filed a assignment of mortgage from Quick Loan Funding to City Global Markets Realty Corp on 11/09/2008 and the suit was filed Oct 29 2008 with Liquidation Properties Inc,as the plaintiff. At our first hearing I was asked what I intended to do about this?,"meaning the lawsuit" and I responded " I intend to fight" He then asked "Why did you stop paying your mortgage?" and I replied " I wanted to make sure the payments are going to the proper parties" He was not impressed. I asked him to show me the connection between Quick Loan Funding and Liquidation Properties Inc. He hurries into the paperwork, and asks the plaintiffs attorney " wheres the assignment, and she speaks for the first time "Aren't they with the papers?" he continued looking for the assignment, and I then brought up the matter of the Note, and he almost yelled " We have a copy of the Note!" I held out my hand took the document, and made him wait until I looked it over, and I said to him " Your honor, I would be happy to give the plaintiffs a copy of some money" He said " Hearing is postponed, you will have to file your assigns" he said it so fast, that the attorney asked what he had said, and he repeated it.
As me and my wife were hurrying to get out of the courtroom, happy to have survived the first hearing, he asked me " So, you feel that you don't owe anything? and I responded " I owe your honor, I just don't owe these people" That concluded the first hearing, and set the tone of the case.
I will cut to the chase and say that the day of the trial they produced a witness without notice, and unfiled documents. I was a little shocked, but still confident in my position.
Before I could present my evidence, but after they presented the 6 assignments the Judge started shooting them down on standing. The plaintiffs attorney argued that all the names were sister Delaware corporations, and he told her that she could not sell her sisters dress.
He looked over the assignments and told her that everything else looked fine, that he would rule in my favor without prejudice and that she could refile and was sure to get a Summary Judgment. And advised me to negotiate with them, and that I had lived in my house for 5 years without making payments, taxes or insurance. I said I would be happy to and the witness came over and saked
This blows my mind, that they could file a assignment, then file the suit in the wrong name, then file another from DOCX 11 months later in the name of Liquidation Properties, a clear case of Bifurcation. Then transfer assignments from both entity's to City Group Global Markets Realty Markets, then transfer interest to AS Lily LLC, henceforth known as the suckers. These folks are outside of MERs.
I don't know if they will refile now under the new law, and since it been over 5 years since I made a payment if the statute of limitations of five years will apply?