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    DP Patrick's Avatar
    DP Patrick Posts: 1, Reputation: 1
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    #1

    Feb 19, 2009, 11:29 AM
    Foreclosure Summons, address is wrong throughout is it a defense
    We were served a summons and are responding Pro Se'. The original bank went bankrupt, a new servicing company took over and they modified the terms beyond the ARM adjustment and are now attempting to foreclose. All the documents including the original Promissory note are the WRONG ADDRESS. Do I do General Denials for all counts or do I state in some of them that the property doesn't exist?

    State of Vermont- I am filing a notice of appearnce, ANSWER, and also a motion to dismiss based on the address issue.

    Do I deal with the address issue in the answer as well.

    DP from Vermont
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 19, 2009, 11:49 AM

    First, is the mortgage truly in default?

    Second, if the incorrect address is simply a clerical error, you may only get a short delay while they refile the paperwork.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 19, 2009, 12:04 PM

    The address issue will only delay, if the service company asked for money beyond the actual loan document, that is the defense you want to get into court with.

    As long as you continued to pay the correct amount each month, and they merely keep adding illegal fees, that is what you wish to fight in court.
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