Got foreclosure papers today

I am wired, but focus is more important now than ever. Hearing date is for 10-26, meaning that I need an extension of time, which I am requesting tomorrow to pursue my right to discovery.



I am going to be working this weekend on interrogatories, requests for production of documents, and requests for admissions.



Here we go. Can I get a witness for the little guy?



HB

[suijuris]

I got just what you need, please check your e-mail and see the instructions...

[charlesa6]

Hb

What happen to your VOD with CPN. Did the lender keep it without reponse to your request or what.

The issue in the foreclosure is the fraud. I will attack it like a duck on a june bug.

[Jerseee]

Godspeed brother

Thanks Jerseee.



I am gonna give it my all.

[KaosTheory]

HB,



I am unfamiliar with foreclosure and some questions come to mind.



Are they taking you to court?

If so, are you going to request a trial by jury?

Are you going to make the judge take judicial notice of his oath of office?

Are you going to fight this in state court?

Are you going to use depostion in your discovery?

Are you aware that claiming fraud is a valid defence at which point the other party has to prove that it is not fraud?

Have they exhausted their administrative remedy?



That's all I can think of for now but I would appreciate any elaboration you could offer.

KT, I thought I posted an answer to this, but I don't see it now.



I may have closed out the browser before completion.



It is a hearing before the clerk of superior court. NC is a non-judicial foreclosure state.



I am going to make the clerk take notice of her oath, and will have a certified copy in hand.



How would you suggest fighting it in state court? I want to hear your thoughts on this. (I want to sue for fraud and bad faith if the clerk grants the sale, and file Lis Pendens on the property, ask for an injunction against the sale, go to the sale if no injunction, and pass out flyers with the Notice of Lis Pendens on it.)



I am asking for an extension Monday morning to pursue my right of discovery. I'll update you all on that.



How would I claim fraud now without suing them?



(I do plan on filing an affidavit.)



I doubt very seriously that they have exhausted anything but me, and even then, I keep getting a second wind.



Thanks!



HB

[KaosTheory]

Non-judicial foreclosure....man that just has fraud written all over it. That just doesn't compute.



Are you saying that you do not have the choice of moving this to a real court with a jury? Isn't it your property? Since when can personal property be taken without due process of law? If it can be taken away non-judicially, then doesn't that infer that the property is not yours in the first place? That is a very important question to me. If the presumption is that it is not yours, what good would that hearing be to you? Why is a hearing in your best interest? The MC, no doubt, knows that they are engaged in fraud yet they don't mind going to a hearing. HHmmmmm do you smell that?



I am not sure yet if this applies to hearings but they haven't exhausted their administrative remedy. Aren't they really just wasting the court's time? Have you thought of filing a motion to strike? You have, no doubt, sent them a notice of conditional acceptance upon proof of their claim. If they send it and you don't accept, only then, have they exhausted their administrative remedy. Until then, they have no grounds for action.



How would I fight this in state court? That is a good question. I would have to see how to move this to state court exactly. I guess first I would check for the rules in my state that pertain to fraud and make sure that I could use it as a defence. Then I would launch a counter suit (maybe civil and criminal) against the agent and the MC in state court for fraud. Then see if they show up for court day? If so, then they would have to prove that what they have done is not fraud. They would have to have evidence (heh heh) to refute my postition.



That would be the basics of course. I'd really have to do a lot more research before I felt confident enough to proceed. I'm in the process of studying this right now.

KT,



Lots of good questions.



I have some action to take tomorrow, then, I will update the thread.



Thanks



HB