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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Derrick Richards
Ok, now I have been through the first offensive line, the receiving of the summons, the Motion for an Extension of Time, well, my hearing is the 16th, Friday, and have drawn up a Motion to Dismiss for Insufficiency of Process.

What has just hit me hard today, is, how can the other persons named in the summons, my sister's children, defendants, defend themselves, when they live like in Seattle, and I live in upstate NY where the court venues are?

I am not understanding this whole legal process, well, am trying to process it!! You are served with a summons, then have only 20 days to respond, unless you follow some of the steps those in here and other places have told me about. How can you get an attorney, search and research all the claims in the complaint, and realistically develop a defense in these short time frames, "even with a lawyer".

Something doesn't add up....I have an interesting note to relate to you. My brother-in-law is an attorney, and the father of the three children, those also named in the complaint. I have talked with him a few times. He gets on the phone and chats with the lender's attorney, and even sent him some stuff, but he never worked around that time frame, I mentioned earlier, you know 20 days, in fact, he said it didn't matter. How do they circumvent that, something doesn't jibe up. Can they do all this off the record, so to speak?
When I tried that, was told that was a major nono.

Well, enough asking and ranting, if you can assist, please do, as I have a hearing like in 2 days, hope they don't bring anything up but just a time extension. Everyone says they won't, but my gut is telling me, BE WARY!, Over and out, DR
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BobbieF
I am not a lawyer.  What might be taking place is a paper
storm.  Anything to distract and consume your time while they
hand off behind the scenes.
Sometimes too, they throw everything against the wall to
see what will stick if they don't really have a legal leg to
stand upon.

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You said your brother in law is an attorney. You should ask him for help as attorneys know the law than we do.

I am not sure if the MTD will help you. If you question the Insufficient Process, maybe you should file Motion to Quash Service to remove yourself from this Court jurisdiction. If the Process Service is defective, the Court does not have jurisdiction on your case. The lender will have to re serve you correctly.

 I believe that if you file MTD, you are accepting the Court jusrisdicion. If the Court denies the MTD, you are IN for the foreclosure.  Consult an attorney as soon as possible.
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Derrick Richards
Wow, thanks for some of the insight. I harbored some feelings that something might be going on behind the scenes, when I had contact with the clerk at the Supreme Court. She seemed to know all about my case and all the little details. Also, the day before the hearing for Motion for an extension of time, September 16th, I get a call from the Court telling me it has been put off until October 28th, and then, no appearance needed, just the papers to look at.

Well, that sent up red flags immediately, though I am grateful for the time extension. What I am not grasping, is, this is way beyond the amount of time I asked for, so should I wait for the judge's decision or deliver that Motion to Dismiss for Insufficiency of Process just before? I do need your help in some of these decisions , OK?

First question, can I render this Motion to Dismiss, before the October 28th date that the judge will look at the papers submitted and decide? Also, can they do anything legal before that date, like Bobbie F intimated? My Motion is pretty solid as I have been over it with quite a few people, it involves noone receiving RPAPL 1304 notices, and now, QWR not being recognized, of course.

I am also not grasping what Ann mentioned as every person I have had contact or dealt with, told me Motion to Dismiss is first defense on the agenda, then the Answer with all the sordid details. If that is the wrong order or someone has a better tried and true method, please enlighten me.

What I was asking in my title, was, the other defendants don't live anywhere's near where all the legal stuff is going down. How can they be a part of the proceedings if they aren't able to attend any of the meetings or hearings. Also, for example, one of them is in the Peace Corps, isn't that grounds for something? I suppose that a lawyer would assist me, but there is no way they can know more about my case, than me. I believe the attorney for the lender is realizing I mean business, as I think he expected me to just roll over. I can see where the legalese can get in the way but not having to meet deadlines and timelines for the attorneys involved, tells me, that someone is hiding the smoke and mirrors, until they need them. Keep the great info coming in, much needed, DR
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