Foreclosure Tales from The Interwebz: Foreclosure Action Against Wrong Party? What Should I Do?

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Company has filed foreclosure action against wrong party, what should I do?

I have no debt other than my mortgage which has never been delinquent. Today, my son tells me a process server showed up trying to serve papers for a Foreclosure on our home. I looked up public records and see a few days ago a Lis Pendens was filed listing some Asset Company as Plaintiff and me, my wife, and my mortgage company as the defendant. They clearly have filed against the wrong party. What should I do? Process server told my son he will be back on Monday.

SOURCE: Justia.com

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Comments
2 Responses to “Foreclosure Tales from The Interwebz: Foreclosure Action Against Wrong Party? What Should I Do?”
  1. John L says:

    I would contact an attorney and get his or her advice as how to proceed. (Motion to Dismiss, Counter Suit for Damages, etc.)

    It might not hurt to contact your mortgage company also?

    If you want to “D.I.Y” it, you could also file a motion to dismiss.

    If you do hire an attorney, they would help to make sure the Mortgage company reimburses you for legal fees.

    Once again this kind of thing proves the level of Fraud undertaken by the “pretender lenders”.

    Definitely do something, as these Courts will rubber stamp even a fraudulent filing if you do not respond in the correct time frame.

    I fought Wells for years, and in the end was ruled against (even though I had proven that Wells could not have obtained the note how they claimed they did. Using their own filings against them. Because I did not file a motion to dismiss prior to a certain date.

    Yes, they allow fraud if properly presented. (Maryland ) they (courts) only care about procedure, which is what I got crushed on in the end doing it pro-se. (3rd case over 8 years, ran out of $)

    Good luck, and be well.

    (Ps. I can refer you to a competent attorney if you are located in Florida or Maryland )

    • @@@NOYFB says:

      Hello the best thing to do is go to your State’s legal aid. Sounds like you don’t have lots of money for an attorney and you’re renting you gave a deposit.YouYou have only so many days to do this so it’s very important to get those papers in to protest the foreclosure. And the judge will take into consideration your contract and your Humanity. I don’t know about your state laws but I’m sure if you got at least you have so many days to relocate. And you said that you’re paid but the other guy didn’t pay the mortgage. If these claims are true you gotta start. But thinking about somebody who’s going to loan you money or buy the property is a real pipe dreams. I’m disabled myself and had three children paid off the house and they kick my ass out because the two words I didn’t file court papers in time but I’m still going to court. So don’t waste your money on attorneys specially here at this site I don’t know myself personally. Wish you luck God bless

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