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However, there has been no court filings, the new lender sent me some notices, etc. But mobile payday loans I am not sure that they know what is going on either. So cash advance lenders online money loans with no credit check now, unless WF kept real good documentation, how is the new lender going to prove that WF followed through with the FHA guidelines? Or did you mean to say six yrs after WF first foreclosed? As instant personal loans no credit check I see it from your facts, they lied to the court with whatever BS they submitted. So, if I were you, I would consider filing my own motion to dismiss since whatever was in their pack of lies did not occur. I would prefer that the new servicer file a brand new complaint vs replacing counsel and servicer and picking up from where the prior case ended. We have been discussing DASP on the forum quite a bit. The loan was made in 2009, WF apparently was the servicer since day one. In June of 2011 WF purchased the loan, in December of 2011 WF filed for foreclosure. So it has been five years since the foreclosure has been filed. My state, SC, has a 20 year SOL for contracts in regards to real property (a mortgage), and 3 years SOL on a note. Or in other words, once foreclosure has started they have 3 years to try and finish it, however if it is dismissed for SOL, then they can refile up to 20 years. My state also has a quirky thing where before foreclosure can commence, the lender must try and negotiate a modification with the owner. Well, in the five years of my foreclosure, they asked for paperwork about 5 times and did nothing with it. So they certified an obvious falsehood with the court and they state to the court: that I neglected to hand in documentation, or I was unwilling to hand in an application, when I have proof to otherwise with the foreclosure firm.

I filed a motion to decertify their falsehood, attached an affidavit and copies of all the messages between the two of us, including the law firm saying five times that they sent my application to the lender. So basically this was under Dodd-Frank, that has been violated so many times, because I never received an answer as to the status of my application. At one point, it was an entire calendar year between the time they asked for a completed application. All the while, their law firm emailed me and give me reassurances that they handed in the paperwork to their lender.


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The Executive order also states that when the law firm sends the final paperwork to me (which MUST be by mail) it needs to state in the paperwork that I have 30 days from receiving the paperwork in order to file a motion with the court to disagree with it, you think that is in the paperwork I received?

NAHHH My first hearing regarding this nonsense is tomorrow, so wish me luck. Funny, but I received four emails from the foreclosure firm the day before my hearing saying that they just noticed that WF is no longer the owner of my mortgage and that the new owner is more than willing to work on a modification with me, do I want to cancel the hearing?

They sent three emails, including one to the court all asking me the same thing, do I want to cancel the hearing, as Khan in ST II said: Let them eat static. I also asked for sanctions as well, which this executive order allows. So wish me luck, I am confident that I can rip through whatever lie their lawyer tries to state with their own evidence. However, there has been no court filings, the new lender sent me some notices, etc. But I am not sure that they know what is going on either.

So now, unless WF kept real good documentation, how is the new lender going to prove that WF followed through with the FHA guidelines?

But the assignee should have the records from cash advance lenders online the prior lender for proof.

Once you deny the meeting, they then must prove they complied. This ruling is ridiculous since the court is sending a clear message to mortgagees in the entire state that a party can avoid its obligations under a contract by just selling the contract, thus making no one liable. The judge knows this stupid decision would not occur in any other court. All the courts care about is what is FAIR for the crooked servicers. BUT, the new mortgagee had no obligation to buy a delinquent loan. When they opted to buy a loan cash advance getting a loan with bad credit lenders online in default, they assumed all liability under the contract for that loan. If the new assignee has no right or obligation to follow through with the contract requirements as applicable to 24 CFR 203. The cash advance lenders online court has no right to parse obligations under the assigned contract. Not only that, parties cannot make a separate contract with a 3rd party to relieve themselves of liability under a totally different contract.

Again, if this were the case, people would do this interest free payday loans all the time to evade liability and responsibility. The problem with judges making stupid rulings is that they fail to analyze what they are saying to see if the decision might have major repercussions down the road. If you are worried about this happening, just prep and be prepared. This ridiculous offense surely would not hold up on appeal where far more judges have common sense. But the assignee should have the records from the prior lender for proof. Once you deny the meeting, they then must prove they complied. This ruling is ridiculous since the court is sending a clear message to mortgagees in the entire state that a party can avoid its obligations under a contract by just selling the contract, thus making no one liable.

The judge knows this stupid decision would not occur in any other court. All the courts care about is what is FAIR for the crooked servicers.

BUT, the new mortgagee had no obligation to buy a delinquent loan.

When they opted to buy a loan in default, they assumed all liability under the contract for that loan. If the new assignee has no right or obligation to follow through with the contract requirements as applicable to 24 CFR 203. The court has no right to parse obligations under the assigned contract. Not only that, parties cannot make a separate contract with a 3rd party to relieve themselves of liability under a totally different contract. Again, if this were the case, people would do this all the time to evade liability and responsibility.

The problem with judges making stupid rulings is that they fail to analyze what they are saying to see if the decision might have major repercussions down the road. If you are worried about this happening, just prep and be prepared. This ridiculous offense surely would not hold up on appeal where far more judges have common sense. I do know, that now I have to amend my answer since there is a new party. I am prepared to fully lose this case at trial and immediately ask for a TRO for the sale and appeal it to the state level if I need to, at least it seems, in most states the appeals process works. If a borrower does not reaffirm the mortgage in BK, then it makes sense that the borrower will have few defenses, if any. I read a case where the court killed the who owns the note defense because the borrower never made this argument in the BK proceedings.

I suppose if additional assignments came after the BK, that might be different.

Read another case where the court said the borrower should have brought up the cash advance lenders online face-to-face defense in a BK adversary proceeding since the borrower was 6 months delinquent when the BK was filed. I do know, that now I have to amend my answer since there is a new party. I am prepared to fully lose this case at trial and immediately ask for a TRO for the sale and appeal it to the state level if I need to, at least it seems, in most states the appeals process works. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages. Well, I just spent a most annoying 15 minutes trying to get through the numerous telephone prompts at WAMU and speak to a human.

This link will take you to the finance section, but scroll to the top or down to the bottom and they have everything from U.

The comments by me and the materials available at this web site are for informational purposes personal loan with low interest rate only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual 247 payday loans author and may not reflect the opinions of the firm or any individual attorney. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.