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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Drew2014
Hi All, Pro Se Trial coming up. I want to subpoena an employee of the named trust. Can I serve the attorney of record for the Plaintiff trust to have the employee appear as a witness or do I need to have the employee personally served by a process server? Thank you for any knowledge... Not asking for legal advise just let me know if it was you what you would do. State of Florida.
I dont expect to win a kangaroo trial but I will have a court reporter and seems as if all winning is done at appeal.
Quote 0 0
bwssr
I don't much about it but it would be interesting to see if one appeared. I wish you the best of luck.
They get a bailout and we get the boot.
Quote 0 0
JJ
http://floridacivpro.com/rules/1-410-subpoena/
Quote 0 0
Mike H

   If you are like most Floridians, owe twice or more what the property is worth, have the homestead
exemption, and have a steady job, than you might consider doing a Ch 13.
   List the property as homestead and debt as unsecured and disputed. Force the plaintiff to prove
their claim in Ch 13.
   Even if they can prove their claim (unlikely) you can try to get the balance owed "crammed down"
to the value of the property in mediation. (This is like a modification, but you might have to put down
10% of the value.)
   In my opinion and experience, this is alot easier than losing at trial and doing an appeal. Of course
you will have to make monthly payments to the Trustee while the case is ongoing. I recommend 6%.
For example, on a $200,000 claim, you pay $12,000/year (ie $1000/mo.) plus 10% for the Trustee.
Of course, the difference between your income and your expenses would have to be at least $1100
month so you could make payments.
   Three things could happen: your case gets dismissed and you get a refund and find yourself back
in State Court, they fail to prove their claim (or to even file a claim) in which case you get a discharge
after 36 or 60 months (depending on your plan and income) or mediation results in a "cram down"
to the value of the property and the rest gets discharged.
   It's not for everyone, but it works for many people. A lawyer would want about $3600 to do it, or
you could do it yourself pro se for about $500. I recommend the NOLO book on Ch 13 for those with
the courage to do it pro se.

Quote 0 0
iknow
Mike H wrote:

   If you are like most Floridians, owe twice or more what the property is worth, have the homestead
exemption, and have a steady job, than you might consider doing a Ch 13.
   List the property as homestead and debt as unsecured and disputed. Force the plaintiff to prove
their claim in Ch 13.
   Even if they can prove their claim (unlikely) you can try to get the balance owed "crammed down"
to the value of the property in mediation. (This is like a modification, but you might have to put down
10% of the value.)
   In my opinion and experience, this is alot easier than losing at trial and doing an appeal. Of course
you will have to make monthly payments to the Trustee while the case is ongoing. I recommend 6%.
For example, on a $200,000 claim, you pay $12,000/year (ie $1000/mo.) plus 10% for the Trustee.
Of course, the difference between your income and your expenses would have to be at least $1100
month so you could make payments.
   Three things could happen: your case gets dismissed and you get a refund and find yourself back
in State Court, they fail to prove their claim (or to even file a claim) in which case you get a discharge
after 36 or 60 months (depending on your plan and income) or mediation results in a "cram down"
to the value of the property and the rest gets discharged.
   It's not for everyone, but it works for many people. A lawyer would want about $3600 to do it, or
you could do it yourself pro se for about $500. I recommend the NOLO book on Ch 13 for those with
the courage to do it pro se.

3600.00 sounds like a whole lot.  Chapter 13 allows you to pay your attorney fees through the bankruptcy.  Most attorneys I've spoken with charge a few hundred to file then get the rest in payments through the plan.  I might be a good idea to check around for different lawyers.
"Between two evils, I always pick the one I never tried before."

-Mae West
Quote 0 0
Write a reply...