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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PaulR
What would happen, theoretically, if Plaintiff's attorneys -- at a pretrial docket sounding -- told the Judge they were "filing a Voluntary Motion to Dismiss, without prejudice," and that "it's going out today via FedEx," and then . . . the Clerk of the Court never received it?

Would this case still be "OPEN" -- does the verbal statement by Plaintiff's attorney supercede any written motion that then doesn't come in the mail?

I find it reallllly strange that this happened at my docket sounding last Wednesday, and then I got my copy of the Motion to Dismiss in REGULAR mail on Friday, and yet here we are -- one week later -- and the Clerk of the Court still has received NOTHING in the mail (I just checked with a friend I made there, who checked for me).

Maybe I'm just being paranoid, but the lender (and their atty's) have done so many slippery things throughout this ordeal, that I don't trust them.  A few weeks ago, the Plaintiff's attorneys filed a "Motion to withdraw as counsel, and to continue the trial" one day, and then a "Motion to WITHDRAW the Motion to withdraw as counsel" . . . the very next day!

Do I have a valid reason to be concerned?  Should I provide MY COPY of the Motion to Dismiss to the Clerk of the Court, just to be safe? 

Paul

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Moose
This isn't legal advice but until it's filed, it is not part of the case record.  Not only that, the Judge or Magistrate has to rule on the motion and issue (or sign) the order. Until then, the clerk cannot close the case.

I would take your copy of the motion and at least have it filed.  Then if the court doesn't act, file a motion asking the court to issue an order of dismissal.

Moose






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PaulR
Moose,

Thanks for the reply.  That's precisely what I was preparing to do, just now, when -- bingo -- the online docket now mysteriously shows that they received it, and "CASE CLOSED."  Not sure if the Clerk suddenly found the original, or what.

As it stands now, their "Motion to Withdraw as Counsel" (7/21/2011) and "Motion to WITHDRAW the Motion to Withdraw as Counsel" (7/22/2011) are not part of the official record.  I received my copies, in the mail, but nothing is noted in the online docket.  Should I bother to try to get these two things entered into the record, in case the lender ever brings a new action against me, to show how screwed up they were?  Or does it matter?

thanks,

Paul

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Assuming your local court system is pretty much all paper, and not electronic filing, then what you may have is a simple paperwork back up.  In many states it can take weeks for the court staff to enter paper filings into the system.
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1.  There should be some kind of Order signed by the Judge and recorded
     at the Court house indicated Case Closed.  Ask the Judge clerk to  
     give you a copy
2.  If your case is a foreclosure suit, usually lender/Plaintiff filed a lien or Lis  
     Pendens on the property. Request them to remove it.
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