Absolute defense to foreclosure

I will be using this defense - challenging the lenders possesion of the note and charging the plantiff foreclosing on me with fraud on the court.

I am in Florida where because of last years series of hurricanes we had mortgage lenders offered relief by allowing you to not make your payments for a couple of months. However when you started back up you were expected to pay it all back immediately or enter a repayment program which defaulted you. I have 4 mortgages, 3 are in that program and are now due. I will have the money but one of them couldn't wait and started foreclosure proceedings. I started getting tons of mail, which I was saving because I look for foreclosures to buy and am in real estate. I came across one that offers an ABSOLUTE DEFENSE AGAINST FORECLOSURE. I called and what the guy said made sense.

I was served the forclosure papers a few hours later, and on the paperwork just as the man on the phone said they alleged the following

COUNT 1 REESTABLISHMENT OF LOST PROMISSARY NOTE,
under which it says REESTABLISH NOTE an action to reestablish the note in accordance to Florida statutes 71.011 and 673.3091 (which I looked up and is a formalized procedure for reestablishing lost or destroyed documents)
the other headings are
OWNER OF NOTE, names me by name and they simply as "plantiff"
ORIGINAL NOTE LOST -Where they say the original has been lost.
NO TRANSFER, loss not a result of any transfer (how do they know its lost)
IRREPARABLE HARM - plaintiff suffers if original note not reestablished,
PARTIES IN INTEREST - defendants only parties known to be interested for or against restablishment of lost note. There it asks the court to reestablish the note. and then it goes on to Count two - the foreclosure.

The attorney sent me documents to sign and instructions that I send him $1000 a month starting now, (in lieu of my mortgage payment which I never make again)

He is going to file on my behalf as my response to this summons:

1.) 10 page Request for Admissions under Rule 1.370 (couldn't find this
anywhere)
2.) 8 page Request for Production under Rule 1.350
3.) 8 page Motion to set evidentiary hearing and motion to dismiss for
fraud on the court.

I was going to pay the lender, but they its impossible to talk to anyone, I wasn't sure who I was to be paying as the loan was sold 3 times in 4 months. I still receive a bill from 3 companies. And the people listed as the plaintiffs, are a completely different company who I never heard of.

The guy on the phone was convincing saying that this is a big scam on the banks part. But to what end? He says because several companies can claim you as an asset and that there is way more mortgage debt being claimed on company books than there is mortgage debt, (some big difference) but still, where is the real benefit there.

Nevertheless, it seems a real defense against foreclosure, he says they have been doing it for about 2 years now and while the mortgage companies fight them they are starting to make settlements and his clients are getting 400,000 mortgages reduced after two years being tied up in court settled for 100,000. Legal fees have been paid because the clients pay the lawyer half what the payment would have been, and then the difference between what the mortgage was and what the settlement is, is split between the lawyer and the client. -

MY QUESTION, IS THIS FOR REAL ?

ANYONE KNOW OR USE THIS DEFENSE IN FIGHTING FORCLOSURE ?

UNLESS I AM TOLD THIS IS A SCAM, (I AM CHECKING WITH A LOCAL LAWYER,)

I AM GOING TO GIVE THIS A TRY - AND WILL KEEP YOU POSTED.

IF ANYBODY HAS ANY ADVICE, PLEASE LEND IT TO ME. Thanks

Originally Posted by Floridalawman

The attorney sent me documents to sign and instructions that I send him $1000 a month starting now, (in lieu of my mortgage payment which I never make again)

He is going to file on my behalf as my response to this summons:

1.) 10 page Request for Admissions under Rule 1.370 (couldn't find this
anywhere)
2.) 8 page Request for Production under Rule 1.350
3.) 8 page Motion to set evidentiary hearing and motion to dismiss for
fraud on the court.

Nevertheless, it seems a real defense against foreclosure, he says they have been doing it for about 2 years now and while the mortgage companies fight them they are starting to make settlements and his clients are getting 400,000 mortgages reduced after two years being tied up in court settled for 100,000. Legal fees have been paid because the clients pay the lawyer half what the payment would have been, and then the difference between what the mortgage was and what the settlement is, is split between the lawyer and the client. -

MY QUESTION, IS THIS FOR REAL ?

ANYONE KNOW OR USE THIS DEFENSE IN FIGHTING FORCLOSURE ?

UNLESS I AM TOLD THIS IS A SCAM, (I AM CHECKING WITH A LOCAL LAWYER,)

I AM GOING TO GIVE THIS A TRY - AND WILL KEEP YOU POSTED.

IF ANYBODY HAS ANY ADVICE, PLEASE LEND IT TO ME. Thanks

SOUNDS INTERESTING JUST LIKE ALL OTHER MORTGAGE ELIMINATION/CHALLENGE PROGRAMS.

YOU MIGHT WANT TO HAVE HIM SHOW YOU PREVIOUS SUCCESSFUL CASES BEFORE GIVING HIM ANY MONEY. ASK HIM TO SHOW YOU AS MUCH EVIDENCE THAT HIS METHOD WORKS.

WHAT SOUNDS FISHY TO ME IS THE PART ABOUT SENDING HIM $1000 A MONTH INSTEAD OF PAYING THE MORTGAGE. WHY CAN'T YOU GIVE HIM A RETAINING FEE INSTEAD?

Originally Posted by PJT04

SOUNDS INTERESTING JUST LIKE ALL OTHER MORTGAGE ELIMINATION/CHALLENGE PROGRAMS.

YOU MIGHT WANT TO HAVE HIM SHOW YOU PREVIOUS SUCCESSFUL CASES BEFORE GIVING HIM ANY MONEY. ASK HIM TO SHOW YOU AS MUCH EVIDENCE THAT HIS METHOD WORKS.

WHAT SOUNDS FISHY TO ME IS THE PART ABOUT SENDING HIM $1000 A MONTH INSTEAD OF PAYING THE MORTGAGE. WHY CAN'T YOU GIVE HIM A RETAINING FEE INSTEAD?

This lawyer wont take anything but this monthly fee, I suppose I could find another lawyer who would do this on a retainer but I think (maybe foolishly) that I would feel more comfortable knowing I am not the only one with something to gain by this being prolonged as long as possible. Obviously they want a piece of the action they created. My mortgage payment without taxes was 2100 per month. So they charge 1/2 of what the payment was and that is thier monthly fee. Everyone is a winner except the bank. Its almost reassuring because seeing this as thier motivation tells me that is must work.

They must be making a fortune with this. If I sign this paper, He is making a killing and I am too, because I am saving 50% of the amount of my payment They claim they that this ties up the mortgage until its settled which could be years and when its settled, it is settled for less than originally owed, which they take a cut of too. So they split the savings from not making mortgage payments and for any favorable settlement with the customer.

[vanton57]

I have attached the two rules you mentioned

Originally Posted by Floridalawman

This lawyer wont take anything but this monthly fee, I suppose I could find another lawyer who would do this on a retainer but I think (maybe foolishly) that I would feel more comfortable knowing I am not the only one with something to gain by this being prolonged as long as possible. Obviously they want a piece of the action they created. My mortgage payment without taxes was 2100 per month. So they charge 1/2 of what the payment was and that is thier monthly fee. Everyone is a winner except the bank. Its almost reassuring because seeing this as thier motivation tells me that is must work.

They must be making a fortune with this. If I sign this paper, He is making a killing and I am too, because I am saving 50% of the amount of my payment They claim they that this ties up the mortgage until its settled which could be years and when its settled, it is settled for less than originally owed, which they take a cut of too. So they split the savings from not making mortgage payments and for any favorable settlement with the customer.

if you're able to stay in the house and pay 1/2 of your mortgage that could be considered a benefit. the part about settling for much less in a few years sounds appealing but how do you know the lawyer is not taking your money and will leave you hanging in the end?

i would look at the whole picture before making a decision. are you in bankruptcy? is credit being affected by this process? etc....

of course this is not to be considered legal advise......yadda....yadda...pinata

[sadie]

He could leave you out to dry. $1000 a month for a few years? Tha's 24K-36K or more and then the bottom falls out? He already got his money.

Someone on retainer or contigency doesn't get paid until you get a deal. Isn't that more incentive for the atty. to get it done in order to get paid?