Bagels at a Bar Mitzvah

OneHugeMess

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May 30, 2016
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Out of curiosity, if someone inherited a home that was already in foreclosure, would they be able to bring up affirmative defenses in a foreclosure case? This is a question, I'm not entirely sure about, since, they are not the original borrower. Wouldn't they have far less grounds for cause, and chances for a defense?
 

wanda robo

LoanSafe Member
Sep 29, 2012
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Out of curiosity, if someone inherited a home that was already in foreclosure, would they be able to bring up affirmative defenses in a foreclosure case? This is a question, I'm not entirely sure about, since, they are not the original borrower. Wouldn't they have far less grounds for cause, and chances for a defense?

What would be the defense? How does a non-party have a defense?

Are we going down a HECM foreclosure?
 

OneHugeMess

LoanSafe Member
May 30, 2016
471
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What would be the defense? How does a non-party have a defense?

Are we going down a HECM foreclosure?
Not a HECM. I thought the same thing too. Since they were not a borrower or made a promise to repay the debt, I don't personally think they would have any grounds to challenge the note, or debt. The only defense I could think of - is alleging that someone wasn't of sound mind when the loan was executed - which is a stretch. The person in this case has been personally served by Mr Cooper (Nationstar) and, I was thinking to myself - what relief or even defense could be brought. The answer is none.
 

Javagold

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Mar 2, 2012
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Not a HECM. I thought the same thing too. Since they were not a borrower or made a promise to repay the debt, I don't personally think they would have any grounds to challenge the note, or debt. The only defense I could think of - is alleging that someone wasn't of sound mind when the loan was executed - which is a stretch. The person in this case has been personally served by Mr Cooper (Nationstar) and, I was thinking to myself - what relief or even defense could be brought. The answer is none.
Fuck em. Always fight the debt collectors. I would start with Mr. Cooper has NO Standing and go from there. Many many more People need start standing up and fighting back !!!!
 

wanda robo

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Sep 29, 2012
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LMAO, java, after I just sent you an email it dawned on me how unlucky I am. When I sent my Petition for Cert to the NJ Supremes, UPS lost it(only for a few days & it was filed on time). Now The United States Post Office has lost my summons & complaint that I had to serve on Attorney General William Barr. This one's been missing since it landed in DC July 21st. I had to resend it UPS.

WTF do I have to send everything UPS, Certified USPS, Fedex and carrier pigeon? LMAO
 

Shteeeven

LoanSafe Member
Dec 5, 2017
111
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18
Out of curiosity, if someone inherited a home that was already in foreclosure, would they be able to bring up affirmative defenses in a foreclosure case? This is a question, I'm not entirely sure about, since, they are not the original borrower. Wouldn't they have far less grounds for cause, and chances for a defense?
Here is a good article on that situation. Apparently the banks will fuck everyone you love to get the money you generated.
 

isisis

LoanSafe Member
Jun 22, 2010
1,662
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North bay
Cripes, I'm going mad. Turned out the fat lady didn't sing yet on my foreclosure and I'm back in my old familiar haunt: the trenches. The culprit in this case is not the bank. Curiously the bank is exercisizing laudable restraint. Playing the villain and with a breathtakingly vile performance is a member of another lowlife subgroup, you guessed an attorney.

Dude majorly screwed me over. Once I was placed in this God awful modification I made my payments like a good peasent at the first of each month without fail and signed the obligatory documents. But getting it finalised, crossing each letter t was apparently beyond his capacity or at least unless his palms were generously greased. Told him those days are over, look for a new meal ticket.

The servicer ran out of patience with my attorney's dawdling and filed to dismiss. I've got to be in court for an Order to Show Cause re: Dismissal. This civil procedure stuff is still kind of daunting. They would be moving to have my case dismissed which might void the settlement and then open the door for them to schedule a sale. Strange working without a net with no greasy palmed attorney to bail me out. Stranger still to be going through this for the sake of an awful modification. But I'll do whatever it takes to keep my place.

Forgot how freaking scary it is fighting foreclosure. That feeling of violation, the way every time you look at the things around you there's this feeling of, 'OMG, what if this is taken away?'
 

wanda robo

LoanSafe Member
Sep 29, 2012
3,816
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Cripes, I'm going mad. Turned out the fat lady didn't sing yet on my foreclosure and I'm back in my old familiar haunt: the trenches. The culprit in this case is not the bank. Curiously the bank is exercisizing laudable restraint. Playing the villain and with a breathtakingly vile performance is a member of another lowlife subgroup, you guessed an attorney.

Dude majorly screwed me over. Once I was placed in this God awful modification I made my payments like a good peasent at the first of each month without fail and signed the obligatory documents. But getting it finalised, crossing each letter t was apparently beyond his capacity or at least unless his palms were generously greased. Told him those days are over, look for a new meal ticket.

The servicer ran out of patience with my attorney's dawdling and filed to dismiss. I've got to be in court for an Order to Show Cause re: Dismissal. This civil procedure stuff is still kind of daunting. They would be moving to have my case dismissed which might void the settlement and then open the door for them to schedule a sale. Strange working without a net with no greasy palmed attorney to bail me out. Stranger still to be going through this for the sake of an awful modification. But I'll do whatever it takes to keep my place.

Forgot how freaking scary it is fighting foreclosure. That feeling of violation, the way every time you look at the things around you there's this feeling of, 'OMG, what if this is taken away?'

I really think it's a procedural thing. I know you can't share your settlement, but you need to look & see what he agreed to. It might just be if they accepted your payments for 6 months, you would be considered re-performing and you would dismiss your suit. You need to look at what was filed in December of 2018.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,160
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Cripes, I'm going mad. Turned out the fat lady didn't sing yet on my foreclosure and I'm back in my old familiar haunt: the trenches. The culprit in this case is not the bank. Curiously the bank is exercisizing laudable restraint. Playing the villain and with a breathtakingly vile performance is a member of another lowlife subgroup, you guessed an attorney.

Dude majorly screwed me over. Once I was placed in this God awful modification I made my payments like a good peasent at the first of each month without fail and signed the obligatory documents. But getting it finalised, crossing each letter t was apparently beyond his capacity or at least unless his palms were generously greased. Told him those days are over, look for a new meal ticket.

The servicer ran out of patience with my attorney's dawdling and filed to dismiss. I've got to be in court for an Order to Show Cause re: Dismissal. This civil procedure stuff is still kind of daunting. They would be moving to have my case dismissed which might void the settlement and then open the door for them to schedule a sale. Strange working without a net with no greasy palmed attorney to bail me out. Stranger still to be going through this for the sake of an awful modification. But I'll do whatever it takes to keep my place.

Forgot how freaking scary it is fighting foreclosure. That feeling of violation, the way every time you look at the things around you there's this feeling of, 'OMG, what if this is taken away?'
I would also highly recommend that you review your state's rules of professional conduct and act accordingly. If this attorney really did not perform as he was supposed to, you should show the court ASAP. You should also show the court your performance ASAP as well---showing that you, in good faith, did everything asked of you by the settlement agreement--and that your attorney failed to perform his duties properly.

This could lead to a formal complaint with your state bar, but I would suggest holding off on that just yet, and focusing more on the immediate issue so that they do not try to find a way to wiggle out of whatever settlement y'all put in place.
 

isisis

LoanSafe Member
Jun 22, 2010
1,662
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North bay
I would also highly recommend that you review your state's rules of professional conduct and act accordingly. If this attorney really did not perform as he was supposed to, you should show the court ASAP. You should also show the court your performance ASAP as well---showing that you, in good faith, did everything asked of you by the settlement agreement--and that your attorney failed to perform his duties properly.

This could lead to a formal complaint with your state bar, but I would suggest holding off on that just yet, and focusing more on the immediate issue so that they do not try to find a way to wiggle out of whatever settlement y'all put in place.
Exactly Krafty but it's kind of hard not to be researching the ethics issues cause I'm so ticked at this point and the issues are intertwined. In an effort to squeeze some more $$ out of me the attorney failed to comply with the terms of the settlement regarding the time frame in which things were supposed to happen. It's weird because for the first time in hearing the bank complain and I'm going, 'Yeah, man I totally understand, we screwed up.' That's when I got fed up and began disputing my bill. Then he got even more recalcitrant and began doing zilch pissing off the curiously patient bank.

That attorney is who one dealing with now so I'm being nice to him even though he's coming on all bombastic beneath it all I can tell that that bombast is him just saying, 'just do this and get it over with, please?'

Looks like the OSC re: Dismissal which was filed by the other side will result in my case being discussed. Which is fine with me. My attorney was supposed to do that months ago but he was too busy holding our for continued billing
 

Shteeeven

LoanSafe Member
Dec 5, 2017
111
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Exactly Krafty but it's kind of hard not to be researching the ethics issues cause I'm so ticked at this point and the issues are intertwined. In an effort to squeeze some more $$ out of me the attorney failed to comply with the terms of the settlement regarding the time frame in which things were supposed to happen. It's weird because for the first time in hearing the bank complain and I'm going, 'Yeah, man I totally understand, we screwed up.' That's when I got fed up and began disputing my bill. Then he got even more recalcitrant and began doing zilch pissing off the curiously patient bank.

That attorney is who one dealing with now so I'm being nice to him even though he's coming on all bombastic beneath it all I can tell that that bombast is him just saying, 'just do this and get it over with, please?'

Looks like the OSC re: Dismissal which was filed by the other side will result in my case being discussed. Which is fine with me. My attorney was supposed to do that months ago but he was too busy holding our for continued billing
If I’m not mistaken, a hired attorney who misses a deadline is responsible for damages caused provided your case had merit. I’m assuming it does if there was a settlement on the table and his negligence caused a chain of events to unfold that would not have provided certain things were done in a timely matter. It might be a good idea to meet with a legal malpractice lawyer and or be heard about a mistrial due to breach of duty by your counsel.
 

isisis

LoanSafe Member
Jun 22, 2010
1,662
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I like that, "breach of duty by counsel" have to Google it.

I've spoken to various attorneys in my area about the problem and none of them will touch it. State bar said pretty much the same in terms of getting another attorney to take the case over. It's messy and they don't like to step on other attorneys toes in a somewhat small community. One high rated attorney on Avvo with lots of positive reviews from clients listened to my whole story - there have been some problems all along - said it sounded like malpractice to him. But I'd need to go out of the county to find an attorney who does malpractice.

I did look into disiplinary actions with the state bar and they specifically state that your allegations are not evidence, so it's a higher bar than a court case.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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I know, I know-I have a sick sense of humor. The advice should have been "Just execute an allonge & you're good to go".
 
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just_me

LoanSafe Member
Sep 14, 2015
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I like that, "breach of duty by counsel" have to Google it.

I've spoken to various attorneys in my area about the problem and none of them will touch it. State bar said pretty much the same in terms of getting another attorney to take the case over. It's messy and they don't like to step on other attorneys toes in a somewhat small community. One high rated attorney on Avvo with lots of positive reviews from clients listened to my whole story - there have been some problems all along - said it sounded like malpractice to him. But I'd need to go out of the county to find an attorney who does malpractice.

I did look into disiplinary actions with the state bar and they specifically state that your allegations are not evidence, so it's aMay higher bar than a court case.
Isisis, Sorry you got the FC PTSD frazzle!!! It's always lurking and we all know it.

With limited knowledge, I think your best argument is that you "ratified the contract by performance." (payments and acceptance of payments with a purpose in mind) Lender accepted payments and there was a "meeting of the minds" with regards to the settlement/modification. I forget what the actual legal term is called, but they can't rescind due to a technicality when you have performed. Since the lender is remaining silent in court, you might consider sending a letter with the preface of "this is a legal request" to resend documents, due to error, and for signature directly to you, the homeowner. Remember, they back date docs all the time, SO, request to make it effective for date previously determined.
 
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just_me

LoanSafe Member
Sep 14, 2015
503
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Another thought, your attorney should be sending you monthly statements outlining a breakdown of his hours and actions for the payment. It sounds like he may have convinced you to pay x monthly. This is unacceptable, especially as a retainer for any work, where work performed does not match amounts billed. I suppose if you need to, for purposes of bar complaint, state that attorney has not provided any documentation justifying payment and where agreements to complete terms of settlement where not accomplished causing harm. Save your receipts on certified mail resolving problem with lender. Proves you've had costs in the matter.
 

just_me

LoanSafe Member
Sep 14, 2015
503
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it's called unjust enrichment (by attorney) and also negligence
also, you may need the contract with the attorney to make the complaint
 

kraftykrab

LoanSafe Member
Jan 27, 2014
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Exactly Krafty but it's kind of hard not to be researching the ethics issues cause I'm so ticked at this point and the issues are intertwined. In an effort to squeeze some more $$ out of me the attorney failed to comply with the terms of the settlement regarding the time frame in which things were supposed to happen. It's weird because for the first time in hearing the bank complain and I'm going, 'Yeah, man I totally understand, we screwed up.' That's when I got fed up and began disputing my bill. Then he got even more recalcitrant and began doing zilch pissing off the curiously patient bank.

That attorney is who one dealing with now so I'm being nice to him even though he's coming on all bombastic beneath it all I can tell that that bombast is him just saying, 'just do this and get it over with, please?'

Looks like the OSC re: Dismissal which was filed by the other side will result in my case being discussed. Which is fine with me. My attorney was supposed to do that months ago but he was too busy holding our for continued billing
Oh no, I was not saying not to research it--I was saying to put the most immediate need first. And that's only with regard to filing a bar complaint--if you need to pursue the angle about your attorney breaching his duty to you in your case, by all means, go for it.

Attorneys in my state have been disciplined, even been disbarred, for doing what yours apparently has done to you. Absolutely pursue that. I would just suggest that you first do so in the effort to keep your case alive, as that's the higher priority.

Strangely enough, I now find myself in a sort of similar position---although it's not my attorney that broke the laws...it's the one that I am up against.
 
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moretrouble

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Nov 14, 2009
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Oh no, I was not saying not to research it--I was saying to put the most immediate need first. And that's only with regard to filing a bar complaint--if you need to pursue the angle about your attorney breaching his duty to you in your case, by all means, go for it.

Attorneys in my state have been disciplined, even been disbarred, for doing what yours apparently has done to you. Absolutely pursue that. I would just suggest that you first do so in the effort to keep your case alive, as that's the higher priority.

Strangely enough, I now find myself in a sort of similar position---although it's not my attorney that broke the laws...it's the one that I am up against.
That’s why I gone the pro se route. The famous Barnes just lost an OREGON appellate case : Bank of New York v. Delaney, affirmed for the bank.
 

wanda robo

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Sep 29, 2012
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isisis, you know my dear friend, pro se isn't that hard & it's how you should have gone on way before now. I'll try to give you a pep talk until you go to court.
Point # 1 YOU are the plaintiff, not the other way around. ( An advantage)
Point #2 Go with confidence, or "chutchpaz" if you will.(Never hurts)
Point #3 You are in control of your own destiny. It's a fact that many of us pro se have always known & fought for. (you'll get used to it, my dear friend)

You can & will do it!