Motion for Consolidation is sometimes enough

1                How do I handle the non existence of the original lender (New Century was among the first to dissolve) and is sufficiently dissolved now that they cannot be found to be served? Ie – discovery, information as to securitization, excuse as to loss of original note… do I dismiss them as a party?  Absolutely not. Pull up your title record and if they were the only “lender” on record, you send in copies of your notice of rescission, QWR etc. with your complaint to quiet title and simply say they are the only people on record, the title is only subject to their claim and they are not around to make it.  Make sure they are properly served by publication and then take a default.

2 How do I respond to the foreclosing servicers response of “non monetary interest and appearance” instead of answering the complaint? Not sure what that means.

3 How do I capitalize on the “King County effect” where the attorney (Pite, Duncan, LLP in San Diego) is representing Saxon, MERS and Deutsche in this matter and the verification that has come back is from the same VP who has the same exact address for all three parties? Very simple: First a motion to strike because the documents are invalid on their face. Second, file a motion for the attorney to produce authority or file an affidavit proving authority to represent. That could be enough for him to exit the case. It has before.

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, rescission, securitization, trustee
Posted in Corruption, Eviction, Modification, securities fraud |