WHAT ARE YOUR GOALS?

The first question you must answer in defending a foreclosure action is: ―What is my goal?‖ This is an important question because how you proceed depends on what you want to get out of putting up a fight. For example, you could be defending foreclosure because you felt you were taken advantage of by a lender when you obtained the loan, or feel the lender is incorrectly foreclosing on the property. Others might have put their life savings into buying the property and wish not to see their savings disappear. Yet others might be looking for a way to prolong the foreclosure process while they look for alternative housing arrangements. Some might be considering bankruptcy, but want to postpone that decision until the time is necessary. Each situation will dictate different goals in defending foreclosure. Deciding on goals are important because someone looking to work-out their loan with a lender might not want to put up a vigorous foreclosure defense if it means the lender will be adding greater attorneys fees, interest, and costs to their loan. These homeowners might want to just prolong the foreclosure long enough to avoid a sale and save the house. Others might want to drag out the foreclosure process as long as possible, at all costs. They may not be as worried about the costs they incur, instead focusing on staying in the home long enough to make other arrangements.
Some of the defenses will take some time to employ, like calculating whether your mortgage loan violates TILA. However, the benefit of having a TILA violation cannot be understated. If the finance charge is only $35 understated, the entire loan is unraveled and the homeowner walks away with every penny put into the loan. Imagine not only walking away from the foreclosure with no liability, but also having no negative mark on your credit and a check for tens of thousands of dollars. It is well worth investing a couple hours in reviewing the TILA chapters carefully. Raising the defenses will likely cost lenders considerable sums to fight - which might mean greater end costs for the borrower if your state permits the lender to obtain attorneys fees. Keep in mind that the courts do not like when homeowners frivolously fight a foreclosure (or defend any action frivolously, for that matter) just to rack up a lender‘s costs. However, employing defenses due to bona fide wrongs is more than a valid reason to defend a foreclosure action – it is a constitutional right. we have a service that can Help ,Answer Summons and Compliant,Servicer Call 518-768-1593

Received A Summons And You Don’t Know What To Do

After you have missed three or four months of payments, the bank will usually call their
attorney and tell them to initiate a foreclosure action against you. The attorney then will
draft a complaint of foreclosure, which will be filed with the court and served to all
named defendants, along with a summons for each defendant and a copy of the lis
pendens, which has already been filed with the court. As stated earlier, the lis pendens is
the ultimate time line indicator. It starts the entire process. It is the point of no return.
The lis pendens not only puts the entire world on notice as to the impending action, but it
also sets the defendant list in stone. Even if you sell your property, or transfer it via
quitclaim deed, you will remain the main defendant in the foreclosure action if you held
title to the property at the time the lis pendens was filed. Once you receive your
summons, you will notice that there are instructions as to how to respond and how much
time you have to do so. 20 days You Must Answer!!! The Summons and Compliant or loss By Default.

THOUSANDS OF HOMEOWNERS ARE ILLEGALLY FORECLOSED ON BY DEUTSCHE BANK, IN FLORIDA LAW OFFICE OF DAVID J. STERN LEADS THE PACK, FBI IS INVESTIGATING !

West Palm Beach, FL-MFI-Miami, LLC, Florida's premier forensic mortgage fraud investigation and auditing firm is warning consumers in foreclosure that the lender initiating the action against them may not have legal standing to do so.

This also means the mortgage servicer may not be legally able to accept payments or negotiate a loan modification.

"It boils down to simple Real Estate 101," explained MFI-Miami CEO Steve Dibert, "If you don't own the note, you can't sell it, modify it or enforce it."

The problem was created by Wall Street firms who traded mortgage backed securities with each other. They would package mortgages in pools and sell them, repackage them and sell them again and again. Through this maze of trades and counter trades, the mortgage and the note are moved upstream but in no case are all of the transfers of ownership recorded in the local property records.

Cynthia King of Jamaica, New York whose lender, Deutsche Bank, began foreclosure proceedings against Ms. King and her husband in April of 2008. Deutsche Bank garnished her wages for her delinquent payments. The only problem was the mortgage Deutsche Bank was attempting to foreclose on and garnishing wages on was paid off in February of 2007.

In January 2008, the Federal Bureau of Investigation (FBI) announced an ongoing criminal probe of 14 companies for possible fraud in the subprime mortgage market.

Although the names of the companies have not been released by the FBI, fraud has been identified in all areas of the subprime mortgage market, including fraudulent underwriting, scam foreclosure rescue schemes, accounting fraud, insider trading, and trading of replicated mortgages on the secondary market.

According to the FBI, mortgage fraud has been on the rise for the past few years and is spreading across the country; the number of complaints of suspicious activities rose from 3,000 cases in 2003 to more than 48,000 in 2007

The FBI is also working with the Securities and Exchange Commission on about three dozen civil investigations into the role of mortgage brokers, investment banks, and due-diligence companies involved in the underwriting and securitization of loans.

Deutsche Bank Foreclosures Tossed Out of Ohio Federal Court - “They Own Nothing!” Judge Christopher A. Boyko of the Eastern Ohio United States District Court, dismissed 14 Deutsche Bank-filed foreclosures in a ruling based on lack of standing for not owning/holding the mortgage loan at the time the lawsuits were filed.

Judge Boyko issued an order requiring the Plaintiffs, Deutsche Bank, in a number of pending foreclosure cases to file a copy of the executed Assignment demonstrating Plaintiff (Deutsche Bank) was the holder and owner of the Note and Mortgage as of the date the Complaint was filed, or the court would enter a dismissal. This court order is what I have been saying in my cases. This is rampant fraud on every court in America or nonjudicial foreclosure fraud where the securitized trusts are filing foreclosures when they never own/hold the mortgage loan at the commencement of the foreclosure.

In Sarasota Florida, The Herald-Tribune looked at 66 of 135 foreclosure sales that Deutsche Bank has completed since January 2008 and determined that those properties sold on average for 44 percent less than Deutsche Bank was owed by the previous owners. The Herald-Tribune examined Deutsche Bank sales closely because the German powerhouse had more foreclosures filings in Sarasota than any other mortgage lender, a total of 833 since August 2007, court records show.

In Plantation Fl and elsewhere in Florida, the Law Office of David J. Stern is handling a lot of the Deutsche Bank Foreclosures, see my prior post on the dubious background of the Law Office of David J. Stern, Law Firms Cash In On Foreclosures, The Law Offices of Daniel J. Stern In Plantation Fl Leads the Pack, What is Their Deal ? Numerous Rip-Off Report complaints, lawsuits, legal malpractice suits and a Florida Bar "Public Reprimand", are Mr. Stern's pedigree.
Rip-Off Report, Deutsche Bank Trust Company Americas, David Stern Attorney David J. Stern P.A. - Deutsch Bank Trust Company Americas, as Trustee 900 South Pine Island Road Suite 400 - Plantation Florida. We need to get ahold of some of his ex-employees to reveal the Fraud of this 'Law Office' The chicanery of this attorney and his relationship with this bank is questionable to say the least.

FILING A PRO SE ANSWER

If you have been served with a civil Summons and Complaint or Petition, you must respond to the claim or a default judgment could be entered against you. It is preferable to consult an attorney when you have been served; however, if you are unable to obtain an attorney’s services, you have the option of filing a response or Answer for yourself, or pro se. The time for filing an Answer is always a specified time from the service of the original Summons and Complaint or Petition. Within the State of New York, you normally have twenty (20)to (30) days to file an Answer or Response to avoid being in default. If you are served with an action that was filed in another State, the time period for filing an Answer may be different; however, the Summons should state the number of days available to you. Failing to file an Answer to the Complaint within the specified time period could result in a default judgment being entered against you, so it is important that you file an Answer in a timely manner.
Allegations that are not denied in response to the Complaint or Petition are deemed admitted, so it is important that all allegations contained in the Complaint or Petition are addressed in your Answer. Your answers to the allegations in the Complaint or Petition should be set forth in a clear and plain statement. You may respond with:
• An admission or denial of the allegation
• A combination of an admission in part and a denial in part
• A claim that the defendant is without sufficient knowledge or information to for a belief as to the truth of the allegation, having the effect of a denial. If for some reason or another you don't have the Time, We Have a Service that can HELP!! Call or TEXT 347-469-1395 Email AnswerProSe@gmail.com and Leavee your contact Info.