I am in foreclosure, and have a summary judgement against me, the lender did not have the original note and mortgage when the suite was filed, and re-established the note and mortgage 6 months into the case, they filed suite and I answered w/ a response to validate and prove the debt, they sent me on the lawyers letterhead a summary of the debt, this case has been going on for close to 1 1/2 years the sale date has been delayed several times by the lenders atty and by me as well, I filed BK and the lenders atty requested a new sale date and the judge approved it, the bk had not been dismissed yet. I then hired an atty who made a notice of appearance and requested mediation and to stay the judgement, to which the lenders atty requested another sale date and the judge approved it, so the lenders atty did not notice my atty. My questions would be... can't this be dismissed or appealed because the lenders atty has not followed the proper proceedures, no note when the original case was filed no notice to the proper atty and a blatent disreguard for the BK? What should I be asking my atty for? I don't think this case should be allowed to continue because of the lenders atty doing all the wrong things...

I am in Florida

Hello r:

This is a place where you can get GENERAL real estate information. It's NOT a place where you can learn how to fight your case...

Apparently, there has been a lot of back and forth in your case, and what you do now depends on what has already transpired. So, based on the above, there isn't anyone who can advise you of the next move, except your own lawyer who has hands on knowledge of the case... The only advice anyone can give you here is to ask your lawyer.

The other stuff we're good at, is helping people DO something about their situation.

Given what you've said above, you've already delayed the inevitable far longer than most... As far as I can see, you've thrown down every gauntlet that you can... Yes, there may a few left, but you're running out of options... Clearly, the inevitable IS the inevitable.

So, instead of investing more of your money into fighting this cause, why don't you spend it on a lease? You can't have a lot to spare, can you? I don't know, maybe you do.

excon

I do not agree with that advice ,Don't give up did you file an appear with the supreme court ? Because if the bank had no note they have no standing to sue you they must prove that they have a note at the time of filing research your states statutes and law there is lots of law on the book to help you but you have to know them.And remember that your house was paid for when you signed the note your signature was used to create the so call note/money the bank did not lend you any money,they simply took your note and deposit it in the federal reserve,they did not use their credit create the transaction.see history of the federal reserve and fractional reserve banking.but don't give up the fact that it took so long means that you did not find the right remedy,but that does not mean that there is not one available,I would file an appeal with the higher court,or if the time runs out,I would file a motion,and within 30 days file an appeal that's just my opinion because I am going through the same thing except I am not at the triual stage as yet,so do more research. God bless you

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Originally Posted by sam2345

And remember that your house was paid for when you signed the note your signature was used to create the so call note/money the bank did not lend you any money,they simply took your note and deposit it in the federal reserve,they did not use their credit create the transaction.see history of the federal reserve and fractional reserve banking.

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What are you talking about? When you sign a note for a mortgage on a property you are purchasing, the lender prepares a check made out to the seller. The seller cashes that check and the lender's account is debited. Yes the home was paid for by the lender, but the buyer signs a note to repay the lender. In turn the lender is given a lien on the property.

I don't know where you are getting your ideas or info, but its highly unlikely the US Supreme Court would hear a foreclosure case. I'm not even sure the Florida Supreme Court would do so. To appeal a court decision, you have to find some error by the lower court. You can't just appeal a decision because you don't like it.

To Reesemay,
Your question leaves a lot of unanswered questions. I don't see where you have proof that the lender's attorney is doing all the wrong things. If he is, then your attorney should be filing the proper motions and appeals.