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Old 08-29-2016, 03:56 PM
245 posts, read 150,211 times
Reputation: 648


Today, we received two packets (one to my husband and myself) of papers from the law firm representing the lenders' side in the foreclosure action. I would like to note that there was a lis pendens filed in January 2013.

It is titled: Motion To Discontinue Action and Cancel Lis Pendens.

****This means what I think it means, right? (We did not set up any plan with them other than to tell them to proceed with foreclosure, as we wouldn't take them up on their generous offer to pay DOUBLE the house's value. heh. We also haven't countered any claim. Any emphasis of bold and underlined are from the petition itself, not my own.)
Section 5 states:

The above entitled action having been compromised and settled being voluntarily discontinued by Plaintiff, and there being no party who is an infant or incompetent person for whom a committee has been appointed, and there being no person not a party who has any interest in the subject matter of said action, it is respectfully requested that this action be discontinued, the lis pendens filed herein canceled, the Answer be stricken and any and all counterclaims be dismissed.

Section 6 (requests the Refereee be discharged and relieved of any and all obligations.)

Section 7. No previous application has been made by this office for the relief requested herein.

WHEREFORE, your affirmant prays for an order of this Court discontinuing the instant action, canceling the Notice of Pendency, striking the Answer, dismissing the counterclaim, discharging the referee appointed in this action and for such other and further relief as the Court may deem just, equitable, and proper.

Is this over?

Last edited by LieslMet; 08-29-2016 at 05:02 PM..
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Old 08-30-2016, 05:08 PM
Location: Cali
162 posts, read 109,596 times
Reputation: 280
Originally Posted by LieslMet View Post

Is this over?
Wow, I don't know, but it sounds hopeful, I wish I could be of help.
Great job on your documentation and hard work!
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Old 07-17-2017, 11:12 AM
245 posts, read 150,211 times
Reputation: 648

Today, we received packets informing us of a petition by the trustee to vacate the plaintiff's voluntary dismissal of the lis pendens and reinstate it and the Order of Reference, so it can continue the next motion to foreclose. (In NY state, a plaintiff cannot petition for a second lis pendens - which has a 3-year statue of limitations, this would have ended on January 18th, 2016, or April 18th, 2016 because of the bankruptcy's 3-month stay, if no action had been taken or would expire immediately when the foreclosure action ended - in a foreclosure action, only apply for an extension of the first lis pendens *before* the previous one ends.)

That Dismissal, apparently, was finally granted on December 7th, 2016. This made the first [and only, per NYS law] lis pendens expire immediately, permissable to be vacated by appeal for 6 months.

Two months ago, we received notice that our loan (discharged in bankruptcy in 2013) had been sold by Bank of America to US Bank. Hmmmnnn... perhaps Bank of America dismissed the action in order to inflate the value of our loan when selling it, packaged as mortgage-backed securities, to US Bank?

On July 8th - Bank of America's same law office (presumably now also retained by the trustee) filed this motion to vacate the dismissal, declaring that petitioning for the dismissal was an "office error" by the law firm.

A plaintiff can re-open an appeal in NYS within 6 months of a motion being granted, presuming the trustee can actually be considered a plaintiff. They seem to be two months and one or two days late.


If anyone has any recommendations for foreclosure defense attorney's in upstate NY, I'd appreciate it; it looks like now will be the time to hire a lawyer with expertise in this area. I don't even know which issue of theirs to tackle first. It would be easy to explain in an organized meeting but in court, it's different.

They're so far beyond the statute of limitations on EVERYTHING, even the SOL to *appeal*, that I don't want to mess this up by going pro se, as I have before. We need to get an attorney who is solid and efficient (ie can do as much in each hearing as possible, in order to block them from foreclosure indefinitely and then seamlessly move to remove the lien from the title so that we don't have to deal with this anymore.) This is over 7 years now, we've been dealing with this.

Last edited by LieslMet; 07-17-2017 at 12:09 PM..
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Old 08-07-2017, 01:43 AM
Location: Houston, TX
4 posts, read 4,022 times
Reputation: 10
Pre foreclosure is the situation when most of the homeowners prefer to sell their house to as they don't want to face foreclosure. It is also known as a short sale.
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Old 08-09-2017, 11:10 AM
245 posts, read 150,211 times
Reputation: 648
Update: Our attorney, his legal aide, and the intake person for the county foreclosure assistance program were in disbelief about all this until I showed up for our first consultation with my stack of papers. The loan was sold to a new bank in May, making it look like BOA artificially inflated the value of our loan, by discontinuing the action, in a securities bundle that was sold to the new bank in May... and the new bank is none too happy about that. (And having the law office that represented them say it was an "erroneous" filing, despite it being 8 months later than the filing and a continuous almost 4 months of petitions and filings and appearances to continue and finalize their motion to dismiss the foreclosure and cancel the lis pendens.) The bank isn't wanting to vacate their dismissal, the trustee (who was our referee) is doing it on behalf of their investor's interests.

In the end? Our lawyer said that he's likely to finally have a "free house" example for his interns to see, on the importance of paying attention to the SOL. That this is why he does this... for when people aren't trying to take advantage but the banks are. He said that he's not seen anyone stick it through like this and it's good I sought legal counsel at this point.
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Old 09-07-2017, 09:47 AM
245 posts, read 150,211 times
Reputation: 648
Final Update:

It's ours! I don't want to get into too much detail yet but this nightmare is OVER.
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