Default Judgement

[charlesa6]

Any idea how to file the default judgement against the lender failing to rebattual the "Demand Notice" point for point as been given within 15 days period to answer to the notice.

Any thought or comment

Go to you Public Library's Reference Section and ask the Librarian to help you research the statute's and regulations of your state applicable to your endevour.

[squirrel]

Did you record that demand notice into the public records by way of the county recorders office ?

[charlesa6]

Did you record that demand notice into the public records by way of the county recorders office ?
Today 11:09 AM
No Squirrel,but I do file it with my case at the court house.

[charlesa6]

Originally Posted by squirrel

Did you record that demand notice into the public records by way of the county recorders office ?

No squrrel,but I do file it with my case at the court house.

[squirrel]

It carries ALOT more weight if you record it FOR ALL TO SEE. As we all know they tend to lose things like that, and then say well we didnt see it or get it, we dont know what you're talking about. It happens time and time again.
Allways record your affidavits and notice and demands, if you dont they can and will say what I mentioned above, if it's in the public records how are they going to claim they did'nt know? especially if you have a certificate of posting attached to your affidavit with at least three witnesses, and allways send it certified mail with return receipt and have that attached to the affidavit you will record of the persons non rebuttal.
How would they say they did'nt get now.
It's called proper proof of service.
Follow your so called "states" guidlines of document standard, they have to record notary stamped documents. It's their law not mine.
Every workman is worthy of his hire.
Equality under the law is paramount and mandatory by law.
In commerce truth is expressed in the form of an affidavit an unrebutted affidavit stands as truth.

[sfergnel]

What you have do is write a notice of default, and file it with the court in the county that you live in under the file that the attorney (lender) used for the "NOTICE OF DEFAULT(foreclosure)". If you live in a non-judicial state, then start a civil case with the your notice of default. Take 3 copies with you, and have the clerk date/time stamp each copy. One you will file with the court, antoher you will send to the attorney(lender), and one you will keep for your records. You will also have with you a stamped and addressed envelope to the attorney(lender) with the certificate of mailing and return receipt attached (and that was included as identification in your notice), and a proof of service form for the clerk to sign noticing that you did indeed place a copy of the notice in the envelope to be mailed to the attorney(lender).

If attorney(lender) still does not respond within 10 days you can do a notarial protest and then ... --->, or immediatly petition the court for a default judgement with prejudice.

Hope this helps.