I purchased a property in May 2009 from the Philadelphia District Attorney's office auction of drug forfeited properties. While I did know there was a lien on the property, I did not know there was already a summary judgment against the homeowner from 6/2008 which the bank sought to foreclose on.
In November 2007, the D.A. entered a temporary restraining order on the property. In March 2009, the D.A. was awarded the property, removed it's lis pendens and proceeded to sell the property. Also in March 2009, the mortgage company re-filed it's writ for foreclosure.
Fast forward- There was a sheriff sale scheduled for 7-7-09 which I attended and showed a copy of the deed in my name. The sheriff postponed the sale 30 days. After that, I filed a petition to postpone the sale from the new date of Aug 4, 2009. The petition stated that I was the true owner and had not received notice or been given a reinstatement amount. I went to court yesterday.
I told the judge that I was the new owner and I had not received notice. The attorney stated that they didn't provide me notice because I wasn't the owner at the time of the judgment. Then I told the judge that the plantiff lacked standing to bring the foreclosure action because they did not hold the note, and the plantiff's attorney represents Ocwen Servicing who is unrelated to the trust that the loan is supposedly assigned. I also noted that an assignment was created in Jan 2008 which conveyed the interest in the property from Home American Credit dba Upland Mortgage which is a bankrupt company, to Lasalle Bank, N.A. a trust. This assignment was fradulent in that it was signed by Ocwen as attorney for the bankrupt company, and by a VP named Scott Anderson, who also at the same time of this signing was VP of another company, MERS (as evidenced by an assignment in Mississippi I found from 2/5/ 2008).
Anyway the judge said those were serious allegations, and asked the plantiff to respond. Her response was to ask for a continuance because this was the first she was hearing of this, which he granted. He also advised me to request a petition to intervene which I did, and he granted (oral).
My real questions: Do I have to file another motion which asks the judge to vacate the default judgment, or will he be able to take that action once the plantiff's attorney is unable to prove they are the note holder? Will I be able to restate all my allegations again at the new hearing date, or do I have to put them in writing and give them to the plantiff's attorney ahead of time?