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Old 12-02-2011, 12:16 PM
 
255 posts, read 361,380 times
Reputation: 272

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I'm being sued by the note holder that BofA assigned my second mortgage to on a home that went into foreclosure in 2010.

I received the summons and filed my answer with the County Clerk of the Clark County District Court.

What happens next? Will I be advised of a hearing date, or is it up to me to check the court docket to see when the hearing will be scheduled?

Has anyone had any experience with this type of thing?
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Old 12-02-2011, 06:42 PM
 
Location: ( ͡° ͜ʖ ͡°) (╯°□°)╯︵ ┻━┻ ̡
7,112 posts, read 13,155,699 times
Reputation: 3900
These people will know what to do next.

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Old 12-02-2011, 06:46 PM
 
Location: The Brightest City On Earth
1,282 posts, read 1,903,785 times
Reputation: 581
Quote:
Originally Posted by brosati View Post
I'm being sued by the note holder that BofA assigned my second mortgage to on a home that went into foreclosure in 2010.

I received the summons and filed my answer with the County Clerk of the Clark County District Court.

What happens next? Will I be advised of a hearing date, or is it up to me to check the court docket to see when the hearing will be scheduled?

Has anyone had any experience with this type of thing?
The best thing is to challenge everything. Make them document everything and challenge all documents they have. Say things like "you don't have one single document with my signature showing you loaned me a dime" because they probably don't. Many of these people sue assuming you will not show up in court and they will get a default judgment. Don't let them off easy.
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Old 12-02-2011, 07:57 PM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,349,256 times
Reputation: 5520
Quote:
Originally Posted by brosati View Post
I'm being sued by the note holder that BofA assigned my second mortgage to on a home that went into foreclosure in 2010.

I received the summons and filed my answer with the County Clerk of the Clark County District Court.

What happens next? Will I be advised of a hearing date, or is it up to me to check the court docket to see when the hearing will be scheduled?

Has anyone had any experience with this type of thing?
You might want to call Peters and Associates law firm. Don't take on the bank by yourself.
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Old 12-03-2011, 12:00 AM
 
2,724 posts, read 4,763,331 times
Reputation: 1042
Quote:
Originally Posted by von949 View Post
These people will know what to do next.
Quote:
Originally Posted by Buzz123 View Post
You might want to call Peters and Associates law firm. Don't take on the bank by yourself.
Weiner? Peters?? I'm seeing a trend here...
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Old 12-03-2011, 12:46 AM
 
Location: Here and there, you decide.
12,908 posts, read 27,989,097 times
Reputation: 5057
Dewey Cheatem and Howe law firm. In all seriousness, if u lose, bankruptcy
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Old 12-03-2011, 01:25 AM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,349,256 times
Reputation: 5520
Quote:
Originally Posted by Buzz123 View Post
You might want to call Peters and Associates law firm. Don't take on the bank by yourself.
This guy is who I mean. You've seen him and his partner on TV:

Judah Zakalik, Esq., Partner
Peters & Associates, LLP
5426 S. Eastern Ave., Ste. 100
Las Vegas, NV 89119
Phone: 702.507.6990
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Old 12-03-2011, 04:07 AM
 
2,724 posts, read 4,763,331 times
Reputation: 1042
All kidding aside, you should fight it. Possibly, you can file an action to quiet title(aka "try" title). This would be preventive adjudication that would force the party to produce an "unclouded" title. Chances are good they won't be able to do this without filing a fraudulent affadavit. The grounds for the complaint would be that the property is ambiguously titled and therefore defective. For example, if the mortgage was sold but not properly conveyed the lender no longer has a claim of interest. Check with a competent attorney.
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Old 12-03-2011, 08:09 AM
 
Location: The Brightest City On Earth
1,282 posts, read 1,903,785 times
Reputation: 581
Quote:
Originally Posted by eventusstultorummagister View Post
All kidding aside, you should fight it. Possibly, you can file an action to quiet title(aka "try" title). This would be preventive adjudication that would force the party to produce an "unclouded" title. Chances are good they won't be able to do this without filing a fraudulent affadavit. The grounds for the complaint would be that the property is ambiguously titled and therefore defective. For example, if the mortgage was sold but not properly conveyed the lender no longer has a claim of interest. Check with a competent attorney.
Rep 4 U. Really spending a little bit on a kick ass lawyer to fight the bank is worth it. The bank is counting on you not fighting them because 99% of people don't. Don't let the bank off easy.
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Old 12-03-2011, 08:53 AM
 
Location: Vegas, baby, Vegas!
3,977 posts, read 7,637,545 times
Reputation: 3738
Own a wreck? need a check?
call Learner & Associates

Jonathan
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