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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JJ
My wife and I are named separately in a foreclosure lawsuit against us.  We have been weighing the advantages of filing separate motions, discovery requests etc... vs. testing the patience of the court with this type of activity.  Looking for any advice or experience, thank you in advance.

Also, have noticed that there is a lot of good information in this forum (but a lot of bad as well.)  Was looking for suggestions on what some of the experienced posters would recommend as MUST READ topics that have been posted.  Again, thank you in advance.
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mar7
First and foremost .. if you are just now getting up to speed on defending pro se your foreclosure I would strongly urge you to reconsider and hire an experience attorney.

Second, it is my understanding that if both you and your wife are NOT represented by council (filing pro se) then both you and your wife must (no option) file separate i.e. jj's MTD and jj's spouse MTD etc. 
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JJ
Thanks mar7, we're a few months into it and financially, we really don't have the luxury/option of hiring an attorney.  You are correct, since we are not represented we do have to file separate answers, motions, etc... although we can file multi-party documents.

What I was trying to ask is... what are your/others thoughts on filing different motions at different times, sending different interrogatories at different times, different answers with slightly different affirmative defenses?  Trying to balance making the plaintiff work a little with potentially drawing the judge's ire.
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iknow
JJ wrote:
Thanks mar7, we're a few months into it and financially, we really don't have the luxury/option of hiring an attorney.  You are correct, since we are not represented we do have to file separate answers, motions, etc... although we can file multi-party documents.

What I was trying to ask is... what are your/others thoughts on filing different motions at different times, sending different interrogatories at different times, different answers with slightly different affirmative defenses?  Trying to balance making the plaintiff work a little with potentially drawing the judge's ire.


Obviously you can't represent your wife. That would be UPL. That being said, because you have to do your own work, it would seem that filing separate slightly different answers would be expected.

It would also seem that sending different discovery request from both of you at different times would also be expected. If this inconveniences the Plaintiff, tuff luck. I don't know what argument they could use to complain. A word of caution, you are going to find that the answers to discovery should be served on all parties. Problems can arise if you are asking the same questions as your wife. Don't submit duplicate discovery.

As far as filing motions at different times, I think the only time you would be testing the Court's patience is if you had 2 dates set for the same argument (ie. Motion to Dismiss). From what I've seen, most of the time they will be set by the court for the same date even if filed a week apart.



"Between two evils, I always pick the one I never tried before."

-Mae West
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mar7
case 1: wife signs note/mort
            hubby signs mort - because in fl he is required to (not to guarantee the mortgage but only
because he is the spouse)

facts:

1. complaint list both wife and hubby as responsible parties;
(a) wife under both note and mortgage and (b) sues hubby for
foreclosure based on his signature on mortgage doc;

2. (a) wife files separate mtd w/her defenses and (b) hubby files
his own mtd based on his 'own' defenses.

3. Bankster does not respond to wife's mtd but calls for a hearing on
hubby mtd and proceeds to concentrate their foreclosure effort against
hubby.  Thus, hubby is the one defending the foreclosure.

note: re; discovery   (a) wife used 'the roper' first set of discovery (never
a response from bankster) while (b) hubby filed his own discovery - banksters
responded to (i) RTP but ignored (ii) interrog's

n that's where it currently stands ......

***
this is NOT meant to offer advice etc BUT only as a real life example re your
possible or similar scenario....

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