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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H'lo, well it has been awhile since I have been on this forum and asked for assistance but here I am again, as you have been very helpful so far.

I was supposed to have a hearing on a return date of September 16th. The day before late in the afternoon, the clerk from the court called me and told me that the Motion for Time Extension was reset to October 28th and having to appear was unnecessary, so I breathed a sigh of relief and kept preparing my case.

Now, this is where I need your help. The plaintiff's attorney is really trying to hinder this event. First, he didn't even know he didn't have to appear, as the court told me they would just look at the motion papers. Then he kept sending me letters, like he was including all this correspondence between us that has nothing to do with the attention to this motion.

I have no idea what this counselor is trying to accomplish. I mean I had other attorney look at his correspondence and it seems like he is trying to influence the court with papers that have nothing to do with just granting a simple time extension request.

So, can he do this? I have written out 2 responses and am sending them out Monday, as all this posturing seems improper. I mean, he is mentioning things that have no bearing on this motion. Am I allowed to include other correspondence also, or is he only the one who can keep sending the court all these documents. I guess what I am asking is how can he travel down these avenues that don't lead to the judge's decision to either grant me an extension of time or make me respond to the complaint? I will await your expertise, thanks for assisting, DR
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Bill

Derrick Richards wrote:
H'lo, well it has been awhile since I have been on this forum and asked for assistance but here I am again, as you have been very helpful so far.

I was supposed to have a hearing on a return date of September 16th. The day before late in the afternoon, the clerk from the court called me and told me that the Motion for Time Extension was reset to October 28th and having to appear was unnecessary, so I breathed a sigh of relief and kept preparing my case.

Now, this is where I need your help. The plaintiff's attorney is really trying to hinder this event. First, he didn't even know he didn't have to appear, as the court told me they would just look at the motion papers. Then he kept sending me letters, like he was including all this correspondence between us that has nothing to do with the attention to this motion.

I have no idea what this counselor is trying to accomplish. I mean I had other attorney look at his correspondence and it seems like he is trying to influence the court with papers that have nothing to do with just granting a simple time extension request.

So, can he do this? I have written out 2 responses and am sending them out Monday, as all this posturing seems improper. I mean, he is mentioning things that have no bearing on this motion. Am I allowed to include other correspondence also, or is he only the one who can keep sending the court all these documents. I guess what I am asking is how can he travel down these avenues that don't lead to the judge's decision to either grant me an extension of time or make me respond to the complaint? I will await your expertise, thanks for assisting, DR


I'm not an attorney and this isn't legal advice....

My first thought Derrick to your post would be that if you have a hearing, you had better show up. 

In my case if I (or the Plaintiff) submit a motion such as a continuance or enlargement (which I have a 1" thick pile of) that does NOT require our attendance it is NOT set for hearing.  It is submitted to the Judge and he signs the order.  A copy is then mailed out to the parties by the clerk.  IF some motion was set for hearing, I think by definition, you need to show up before the judge.  I personally would NOT roll the dice on this one. 

You really need to read the rules and understand the procedure that the court in your jurisdiction uses.  These are the kind of nuances that can vary from jurisdiction to jurisdiction.

In most jurisdictions there is a problem with ex-party communication with the judge.  That would be one party communicating to the judge directly without the other party about the case.  This is NOT a problem when communication with the court is given to YOU ALSO which is most likely why you are getting a copy of correspondence the opposing attorney is sending to the court.  While the information the oppisition is sending is obviously intended to sway the judge in the Plaintiff's favor in some way, this correspondance does NOT necessarly have any impact on the current pending motion.  This is really where being an attorney fimilar with the court and your judge is really an advantage. 

Maybe a few other members that have more experiance with ex-party communication will chime in.
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Bill, thanks so much for the input. Well, neither one us has to appear on the 28th, they are just going to look at the papers we sent in. What I was trying to get a handle on from someone who has had a time extension motion granted or denied, which should be about 90% of the people who are in a foreclosure defense....how the plaintiff's attorney can send in these documents and make ridiculous remarks and get away with it.

However, I did find something out since I posted last. I chatted with a real estate attorney and he didn't even know about RPAPL 1304 notices or the warnings that should accompany them. He didn't realize that there were all these preforeclosure things to do. I mean, this is written right on the RJI form and included in an addendum at all the NY courts. He also didnt' know about the changes in mortgage protection in Dodd-Frank Act, for example, that bring in almost all loans and RESPA into the picturre.

The plaintiff's lawyer has to know about these acts and laws right. I am just a simple prose defendant who found out about it in the first day of researching. Also, why he would bring other defendants into the mix, in the summons, when he has to serve them with all these papers, doesn't make any sense, either.

I am still needing your counsel on anything that pertains to that ex-party communication factor. The real estate attorney I chatted with, says, he thinks the lender's attorney thought it would be a simple case to plead and is upset that someone is challenging him. I know for a fact, that even though most lawyers have the expertise to proceed in legal matters, there is no way that they can know more about the case than someone who lives and breathes it every day. That is the other puzzling aspect, when it is happening, why don't they go back to the lender who asked for the assistance and say, it would be better to go back to the monthly payment, the borrower, well, the one paying the bills. Well, don't want to stray off the time extension motion topic, too much.

One last plea, if anyone has any input on what I should put in an accompanying letter this week before the judge looks at the info and rules, please chime in, thanks, DR
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I am going back through some of my threads that I have either started or added to lately and am finding a consistent theme. The people who try to counsel or advise you, don't read your message about a hearing ,or a return date, or a not having to appear, or that RPAPL 1304 notices being necessary and why a foreclosure should not even be entered into if not served or delivered, stuff like that.

Before I add my 4 cents to a thread, or an ops asking, I read and reread the message, then draw on what I know about his inquiry and then and only then, do I chime in, and if I don't have any good advice, then I stay silent. I am not quite sure that those who frequent these forums know what a person being foreclosed on is experiencing. I mean the responses, if you really read into and behind them, don't send out the idea that they have an offering that would help the suffering defendant, esp. in the logistics and "legalistics" of his or her case. Well, must get to my next motion, had to let off some steam, pray that all will be successful in the defense of their homes, DR
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It is difficult to give precise opinion without reviewing the lawsuit and the Court Docket. The law is different in each States and Court room.
I suggest you review the articles at http://www.foreclosureprose.com to get more understanding of the general lawsuit process.

People here try to help as much as they can and in my opinion they are very nice to take time to do so.

If you already file a Motion for Time Extension, generally people wait for the hearing before sending more pleadings. What kind of papers/pleadings the Bank attorney sent you ? Remember, in a lawsuit you must be carefull of what you wrote to the opponent, they can use it against you.

Best wishes.
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Yes, I do know that what you communicate can be used against you....but for a time extension motion? I think the lender's attorney thought it was all going to be a song and dance routine and he would get summary judgment and they would get the house and sell it to pay off the small home equity loan.

You know, what I just uncovered, something new every day. The house isn't even in the estate, when someone helping me looked at the Probate Court documents. I mean, from what I have been told, they shouldn't even be able to try and foreclose until they look at what is in the estate.

See, that is what I am trying to say, the litigants want to get repaid for the home equity loan so they go after anyone who might get the money or home in the estate. However, you can't just do it that way, as you have to follow legal paper trails. Actually, from what I have beent told this is a wierd case, and the credit union has already lost $900 that they would have received if they had just left everything alone..hmmm, well, I keep adding things to the assisting mix, but they are found upon inspection....can see where 'Discovery" is tres important, DER
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George Burns
Now you say that this involves Probate Court.

Good luck on Tuesday, or whenever it really is, with whatever sort of hearing it really is, for whatever Motion it really is, in whatever Court it really is.
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Angelo

This is probabaly some shill attorney for the banks trying to pull our chain, I would let him keep posting and not respond to anything!!!!

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I agree if it smells...u know
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Derrick Richards
Wow, you really think I would waste the valuable time of the forumites. I came in here to seek the advice of those with expertise in matters of foreclosure. I needed counsel on how to approach the beginning stages of the defending process.

I can see where the complexities of my case have confounded those offering their assistance. I was served a foreclosure summons in July on my MOM's house which is in probate court. I filed an RJI in August and a time extension motion at the same time which was set for a return date of September 16, then adjourned to October 28th, where no appearance was needed. That is the summary of my case, is it really that difficult to comprehend?

I am just trying to prepare a proper motion or answer and be aware of any legal issues that might arise after the Motion for an Extension of Time is looked at and judgment is rendered. Ok, hope that narrows down my inquiries and appeases the suspicious thread observers.

I do want to express my gratitude for the assistance received so far and hope you won't be as cynical to the next inquirer. DR
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Derrick Richards
Well, it is now November 19th and I haven't heard a thing back from the court, what gives? I mean, aren't they breaking timelines right and left. I cannot fathom how they can give you only 20 days to make some kind of move, then put it off for like over 3 months.

Can I file some kind of legal proceeding against the judge now? I don't want to get on his bad side before more procedures go down, but there must be some legal maneuver that can be made. I know you are supposed to have a mandatory settlement conference within 60 days here in NY. Yeah, right, noone has even mentioned that yet in all my communications. I am rethinking about hiring an attorney and have the whole matter dissolved as it seems the only one doing any defending is me. Hope someone who can assist will chime in, DR
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