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Hello,
You know some of these things are so dam confusing! You know its amazing in one's venture to find truth to all of this.
I joined this site a few months back. I've been a professional in the banking world for years and this site has opened my EYES to things UNKNOWN for me.
I on 4/4/08 served Citi with a complaint I intend to file. As since they got a lift of stay in bankruptcy court they've been saying they'd work with us on a modification.
In Dec I attempted to negoitate this with them. I did as requested showed that we're almost back to the income we once made. Did their harship letter. They continually even having this in hand started and stopped foreclosure against us. Since Feb I've gone from loss mit, to modification dept.
I in my complaint objected to their offer and sited various USC and FDCPA violations. I've been prejudiced in court with NO DIRECTION. Except go to STATE COURT. This puts me in the PLANTIFF POSITION.
When I sent in my complaint they had me as another rescheduled foreclosure. From April 1st to April 8th.
Once complaint was received they pulled any sale of my home. (TOTALLY DISAPPEARED FROM TRUSTEE SALE WEBSITE)
Then I get a letter dated 4/10/08 that I'm effectively rescheduled for a foreclosure in May now. I recently sent my complaint that I want to file to the MO div of Finance. Their apparently backed up as well.
My BIAS comes in from everything I read. While I understand the R4C a lot of people look at this as BS.
So I went with their method of typing my complaint that I think sounds pretty strong. So I was suprised with them rescheduling my sale again.
To me I'm so ANGRY for the INJUSTICES done to US AMERICAN'S I know the R4C is suppose to stop them in their tracks. However, I do wish to challenge and win in their court. This is because I know if necessary we should be able to get it to a point where I can get other evidence submitted possibly by getting others involved.
As to me every state may be a right to work state but where does state law overcome federal law? Shouldn't someone expect when hired if they ask ??? that they receive honest answers? After 2 1/2 yrs on the job I found out the company I worked for never had it in their contract to sell MORTGAGE NOTES for Chase. Just by chance for the same issue. The he said BS is mind boggling. The complaint I've actually written is BASED on the dam case I lost my job over. Also former Agency is owned and operated by like a conglomerate of attys.
To me they should have to pay for knowing they didn't know who owns my debt. I don't dispute my debts I dispute the way things have happened when the laws could of protected us more.
Since, we've been pretty much FORCED to represent OURSELVES I've been effectively looking for help for sometime. Some of the BEST CASES I've found are a case here in MO where someone was PREJUDICED as well. Oddly enough when I talked to this LEGAL AIDE person she told me I'd be LUCKY if 1 out of 10,000 bankruptcy attorneys know what their doing. Then the case I found that's alot like mine is written by this representative!
So I guess my ??? are is what constitues a false proof of claim in court? To me they knew they didn't know who owned my debt when they stopped the foreclosure sale. So them filng a proof of claim was false cause they knew from action outside of court who they were collecting for.
The judges final order was dismissed with prejudice because the assignment of mortgage that was presented to the court is blank. They have no clue who owns. He ordered no pymts post or prepetition to them.
Then atty dropped ball with adversary and complaint. Trustee did nothing when we told him of false POC. Atty even sent him a letter.
So I'm trying to come up with a good plan of attack since I can't find an attorney I went with cases won by a reputable consumer protection atty here in the USA.
So does anyone have any advice if I'd be better off to go for a TRO or just do the Subpoena Deuces Tecum with my complaint when I file?
All answers are appeciated!
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