Danelle, the courts are not tolerant of pro se litigants. I represented myself in a wrongful death case because my lawyer baled after promising she would follow through. She lost to SOL summary judgment in trial court because she never studied or prepared the case with facts. Didn’t do her homework. Of course the defendant’s attorney billed by the hour so she worked her case PLUS she ‘worked’ the judge. ;-0.
Big danger in legal cases! I fear losing in spite of their having no valid deed of trust or legal record.and documentation their lawyer claims they have is blatantly forged. But too often it is an inside deal or popularity contest where the courts do what they want to do. Sort of like the U. S. Supreme Court giving corporations personhood without precedent.. You can beat the devil with fact and truth but still lose if the court has no integrity… Reminds me a little of my mother’s response when I was little and I righteously asked, “Why.” and she replied “Because I said so.” Don’t get me started on judges and the courts or I will write all night. LOL

Also see O. Max Gardner III – he does a foreclosure bootcamp for attorneys in North Carolina, and has a list of former attendees and what states/cities they are in. Maybe you can get a name there and call that former attendee lawyer. I am not a lawyer, but I am beginning to think we are all going to have to go to law school and pass the Bar so that we can file lawsuits ourselves, just to get by day to day. The laws are not on the righteous’s side – they seem to protect the criminals. I am not a lawyer, but I sure am beginning to wish I was. I am just a lowly Accountant, trying to help my clients and myself – I am in this battle too.

The state is a non-judicial state-TN.. In this case there was never a Deed of Trust.recorded or lien of any type [verified by the County Register’s office]. A warranty deed with unencumbered ownership pre-dates the claim so no payoff records exist.. My question: Can a lis pendens and/or suit for judicial foreclosure be based on non-recorded documents? Is there a statute of limitations on non-binding contracts or notes that were never recorded? If mortgage payment or escrow records [made under misrepresentation] could be produced, is this sufficient proof to prevail in court where no recorded note, lien or deed of trust exists? There have been at least 3 unsuccessful attempts to execute and record a new deed of trust [under the guise of ‘incentives],’ with no disclosure of intent. These may be an effort to defraud a Title Company into coverage exposure, above the actual value of the property, which has depreciated. I fail to see how the Title Co would be at risk under the current set of circumstances.Would that too be a SOL issue?

You need to say what state you are in. If in Florida, Google Mark Stopa Attorney or go to http://www.stayinmyhome.com – he has links to other cities in FL where he has offices. Other states, try Googling “Neil Garfield” or Living Lies. On his blog are often links to lawyers and lawyers responding.

I can’t afford an attorney. It is the title company threatening to sue but they haven’t paid anything and probably have no exposure to the lender/investor after this long. I think there is a 10 year statute of limitations on contracts and that is all they could claim and that is doubtful without registration of a deed of trust in a non-judicial state. The most they might claim in court is that a note was signed but since it was never recorded it might be considered a contract without recorded security. As a Pro Se defendant I need a sample motion to dismiss or Summary Judgment with legal wording. I think the investor is really attempting to collect from the title company more than the property value, which has diminished below their insured amount. It is a scam claim that I doubt the title company is even obligated to pay.

THIS IS A VERY IMPORTANT READ! THEY ARE CLOUDING NOT ONLY YOUR TITLE BUT YOU IT IS NOT LAWFUL, READ AND SEE IF I AM CORRECT? i BELIEVE THAT THEY ARE BRANDING YOU IN THE PUBLIC BEFORE THEY CAN PROVE THEY REALLY HAVE THE RIGHT!
ATTENTION LAWYERS AND ATTORNEY’S YOU WILL PAY EITHER KNOW OR LATER! THIS IS A SHOOT NOW AND ASK QUESTIONS AND PROVE WHY YOU KILL THE OTHER PARTY! YOU LOOSE!!!
http://www.mcgranellp.com/media/LisPendensArticle.pdf

All of this can happen if you don’t challenge their status. If you don’t then the court will accept whatever they present to them. It is up to you to say I object or file a motion to dismiss.

That makes sense problem is that the judge believes that his brother BAR is the only party that he hears. The complaint is signed by the plaintiff lawyer it is not signed by anybody from the bank nor is it notarized.