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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Inquiring
Trying to find out why I was never notified of a Hearing for my foreclosure????
I was informed they were foreclosing back in Feb 2010 & was never iformed of the hearing how is this possible?
Is it not my right?

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George Burns

That would depend on the rules for your jurisdiction. Different states have different rules.

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In Judicial foreclosure state, If you were served with a Summons for foreclosure, you have to file an Answer or Motion to Dismiss within a limited time set by the Court on the Summons . If you do nothing, the Plaintiff will file a Motion for Default Judgment and set Hearing date. Usually the Law requires the Plaintifff Lawyer to send you a Notice of Hearing but sometimes they "forget". If the defendant does not show up at the Hearing, the Plaintiff will get the Default Judgment then Final Judgment then they can sell your house on Court Auction.

Go to the Court House and ask the Clerk to give you your file and the Court Docket to review. If the Hearing is set for future date, I believe you can hire an attorney to file  an Answer or MTD for you. If the Hearing already happened and you got a Default Judgment, your lawyer can file a Motion to Vacate Default Jugment based on the fact you were never received the Notice of Hearing, the Plaintiff violates the Civil Practices Rules by omitting to send you the Notice of Hearing .

Google and download the Civil Practice Procedures of your State to check the rules of Court.
Not a legal advice. Consult a lawyer.


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George Burns
So what happens if he/she is in a non-judicial state?

How then will the Rules of Civil Procedure help?

Do you understand what he/she means by "I was informed they were foreclosing back in Feb 2010 " ? Was that about the filing of a foreclosure lawsuit or was it about a foreclosure sale or was it just a notice of intent or was it something else?

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Inquiring
It's a judicial state... But thanks Ann!
Come to find out it was to dismiss the foreclose
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Here is a book about non judicial foreclosure in Ca. written by an attorney. Probably your local library have it.
http://www.amazon.com/gp/product/1432770225/ref=as_li_ss_tl?ie=UTF8&tag=cyberfindzcom-20&linkCode=as2&camp=217145&creative=399349&creativeASIN=1432770225

How to Fight to Save Your Home in California: Foreclosure Defense WRITTEN BY LAWYERS AND A PRO SE LITIGANT [Paperback]

George Gingo (Author), Layne Hayden (Author), Berenice de la Salle (Author)
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