Bagels at a Bar mitzvah Part II

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Survivor_IN

LoanSafe Member
The responses here outline the various defenses and counter claims that can be used in a response to a foreclosure. Given the different states, I thought this federal form might help anyone who finds themselves needing to respond to a foreclosure complaint without an attorney. (Some courts provide pro se assistance but not all.) Some of these can be grouped such as laches, statute of limitations, and estopple. It's just a reference on how to answer the complaint... when answering, you don't have to outline a defense in full and give away your legal direction. Usually these things are developed after discovery or with evidence attached.

Of course, getting an attorney is the best move but it doesn't always happen. Sometimes local legal aid will provide one for free if you are under a certain income or elderly.

 
S

Survivor_IN

LoanSafe Member
cookiemom said:
The responses though do not support my SOL argument and keep my out of foreclosure though. So I'm freaking out.
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I think you will be okay but, regardless, if they file a foreclosure you are required to be served. Just file an answer and include the statute of limitations, accord and satisfaction, laches, ANYWAY. Keep everything you have that says zero principal balance and scan it and save on disc or thumbdrive. I have lost so much crap on old hardrives and paper that was water damaged. (which I DID need later to defend the foreclosure only to find it no longer existed!) You don't want it to be lost when you need it in 3 or 4 years. Hopefully not 3 or 4 months but you know what I mean.
 
C

cookiemom

LoanSafe Member
Survivor_IN said:
I think you will be okay but, regardless, if they file a foreclosure you are required to be served. Just file an answer and include the statute of limitations, accord and satisfaction, laches, ANYWAY. Keep everything you have that says zero principal balance and scan it and save on disc or thumbdrive. I have lost so much crap on old hardrives and paper that was water damaged. (which I DID need later to defend the foreclosure only to find it no longer existed!) You don't want it to be lost when you need it in 3 or 4 years. Hopefully not 3 or 4 months but you know what I mean.
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I'm in michigan though which non-judicial.

I did find one case that agreeded that the PSA superedes the heloc agreement in respect to foreclose...then that allowed the SOL to run starting at default not maturity date
 
K

kraftykrab

LoanSafe Member
moretrouble said:
Filed this last Monday.
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Couple of thoughts--

1--claim preclusion is "with prejudice". Claim preclusion is res judicata, meaning you are barred from ever relitigating that claim since it's already been litigated previously. There is no version of claim preclusion that is without prejudice.

2--Malcolm Cisneros--when he made the false statement re: claim preclusion in the trial court, unless you timely objected to his lie, you did not preserve the issue for appeal. The appeals courts are ONLY able to consider issues properly preserved for appeal at the trial court. You may run into a snag on this one.

3--you discuss the phantom debt. I believe you've already presented evidence showing these issues before? I'd be prepared to present it all again.
 
M

moretrouble

LoanSafe Member
kraftykrab said:
Couple of thoughts--

1--claim preclusion is "with prejudice". Claim preclusion is res judicata, meaning you are barred from ever relitigating that claim since it's already been litigated previously. There is no version of claim preclusion that is without prejudice.

2--Malcolm Cisneros--when he made the false statement re: claim preclusion in the trial court, unless you timely objected to his lie, you did not preserve the issue for appeal. The appeals courts are ONLY able to consider issues properly preserved for appeal at the trial court. You may run into a snag on this one.

3--you discuss the phantom debt. I believe you've already presented evidence showing these issues before? I'd be prepared to present it all again.
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I am not worried. Will be filing a motion to set aside the foreclosure judgment and make this case life again rebutting the claim preclusion. Found a knowledgeable atty to work with either coaching or representing. Still have way to go.


Anyway, NewRez's parent, Rithm with the servicing scam slowly exposed could not steal enough homes, has to file for $350 mills stock offering. Stock is down %5 today. My goal is to exposed the scheme nationwide, especially in federal court, all the way to US Supreme Court.
 
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