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Fighting Foreclosure in Florida

 
Anonymous Coward
User ID: 358996
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01/23/2008 09:08 PM
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Fighting Foreclosure in Florida
I am going up against Deutsche Bank in my Home foreclosure.

They do not have the original note,the did not have it at time of filing court action,the party who assigned it to them did not have it before it was lost or misplaced.

My contention is how can you assign a note if you do not actually have it.

some of the case law I have found are listed here:

If car dealers can keep track of titles, banks can track promissory notes, Joseph Lents says.
Somebody has been trying to foreclose on Joseph Lents’ Boca Raton home for five years. So far, they have been unsuccessful because he has legally fought them every step of the way.
The original lender, or the assignee, seems unable to produce the promissory note and prove it has the right to foreclose. In an era when Wall Street has sliced and diced mortgages to package them as securities, that could turn into a broader issue.
“I probably have been to the Palm Beach County courthouse 100 times or more over the last five years, just to observe,” Lents said. “In 99 percent of the residential foreclosure cases, plaintiffs are asking the court to accept a promissory note copy as the original because it is presumed lost.”
Resistance doesn’t come cheap. Lents has paid more than $120,000 in legal fees and costs so far to save his 5-acre, $2.5 million home.
read the rest of the South Florida Business article
The Florida Fourth District Court of Appeals decided an issue quite pertinent to today's foreclosure environment in the case of StateStreetBank and Trust Co., Trustee for Holders of Bear Stearns Mortgage Securities, Inc. Mortgage Pass-Through Certificates, Series 1993-12 v. Harley Lord, et al., 851 So.2d 790 (Fla. 4th DCA 2003). The Court held that StateStreet could not maintain a cause of action to enforce a missing promissory note or to foreclose on the related mortgage in the absence of proof that it or its assignor ever held possession of the promissory note. Section 673.3091, Florida Statutes (2002).

StateStreet filed an action in the Circuit Court under section 71.011, Florida Statutes to reestablish the lost promissory note. The Court of Appeals upheld the lower court's decion and held that the right to enforce the lost instrument was not properly assigned to StateStreet where it was found that neither StateStreet nor its predecessor in interest possessed the note and StateStreet did not otherwise satisfy the requirements of section 673.3091, Florida Statutes (2002) which is Florida's version of the UCC's article on negotiable instruments. The court noted that it was undisputed that the note was lost before the assignment to StateStreet was made.

In footnote one, the Court noted that the enforcement of lost promissory notes which are negotiable instruments is actually governed by secton 673.3091, Florida Statutes and not section 71.011 which governs enforcement of lost papers. It should be noted that the case of Mason v. Rubin, 727 So.2d 2883 (Fla. 4th DCA 1999) previously held that the reestablishment of a lost promissory note which is a negotiable instrument is controlled by section 673.3091, Florida Statutes (1993) and not section 71.011, Florida Statutes (1995). The court explained that section 71.011, Florida Statutes (1995) provides for establishing lost documents "except when otherwise provided" -- the implication being that section 673.3091, Florida Statutes (1993) otherwise provides. The court also characterized the provisions of section 673.3091, Florida Statutes (1993) as "more stringent requirements" than section 71.011, Florida Statutes (1995).

The Court explained that pursuant to section 90.953, Florida Statutes, (2002), Florida's code of evidence, the plaintiff in a mortgage foreclosure must present the original promissory note as a duplicate of a note is not admissible. Otherwise, the plaintiff must meet the requirements of section 673.3091, Florida Statutes to pursue enforcement. W.H. Dwoning v. First Na'tl Bank of Lake City, 81 So.2d 486 (Fla.1955), Nat'l Loan Investors, L.P. v. Joymar Assocs., 767 So.2d 549, 551 (Fla. 3d DCA 2000).

The Court further explained that although it and the Third District Court of Appeals have held that the right or enforcement of a lost note can be assigned, here there was no evidence as to who possessed the note when it was lost. See Slizyk v. Smilack, 825 So.2d 428, 430 (Fla. 4th DCA 2002), Deakter v. Menendez, 830 So.2d 124 (Fla. 3d DCA 2002). In Slizyk, the Court allowed the assignee of the note and mortgage to foreclose as the assignor of the note was in possession of the note at the time of the assignment and therefore the right to enforce the instruments was assigned to the assignee as well. In contrast, here the undisputed evidence was that the assignor never held possession of the note and therefore could not enforce the note under section 673.3091, Florida Statutes (2002). As the assignor could not enforce the lost note under section 673.3091, it had no power of enforcement which it could assign to StateStreet.

The court noted that it did not reach the question of whether Slizyk and National Loan could be applied to allow enforcement of a note if there was proof of possession by an assignor earlier than the most immediate assignor.

It should be noted that in 2004, section 673.3091(1)(a), Florida Statutes was amended to allow enforcement of an instrument if the "person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred." It is not clear that this amendment would have changed the court's decision in StateStreet.

StateStreet was later cited with approval by Dasma Investments, LLC v. Realty Associates Fund III, L.P., 459 F.Supp.2d 1294(S.D.Fla.2006) where the court held that if a party is not in possession of the original note and cannot reestablish it, the party cannot prevail in an action on the note. In Dasma, the court explained that in Florida a promissory note is a negotiable instrument and that a party suing on a promissory note, whether just on the note itself or together with a foreclose on a mortgage securing the note, must be in possession of the original of the note or reestablish the note pursuant to Fla. Stat. § 673.3091. See, Shelter Dev. Group, Inc. v. Mma of Georgia, Inc., 50 B.R. 588, 590 (Bkrtcy.S.D.Fla.1985).

StateStreet was also cited with approval in the case of In re American Equity Corporation of Pinellas, 332 B.R. 645 (M.D.Fla.2005)(Paskay, J.) where the court held that a party must comply with section 673.3091, Florida Statues in order to enforce a lost, destroyed or stolen negotiable instrument. It is noteworthy that the court found that the creditors' affidavits merely stated that the creditors had searched for the original promissory notes but were unable to find them and failed to state that the creditors ever received possession of the original promissory note.
Anonymous Coward
User ID: 351956
United States
01/23/2008 09:11 PM
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Re: Fighting Foreclosure in Florida
I am going up against Deutsche Bank in my Home foreclosure.

They do not have the original note,the did not have it at time of filing court action,the party who assigned it to them did not have it before it was lost or misplaced.

My contention is how can you assign a note if you do not actually have it.

some of the case law I have found are listed here:

If car dealers can keep track of titles, banks can track promissory notes, Joseph Lents says.
Somebody has been trying to foreclose on Joseph Lents’ Boca Raton home for five years. So far, they have been unsuccessful because he has legally fought them every step of the way.
The original lender, or the assignee, seems unable to produce the promissory note and prove it has the right to foreclose. In an era when Wall Street has sliced and diced mortgages to package them as securities, that could turn into a broader issue.
“I probably have been to the Palm Beach County courthouse 100 times or more over the last five years, just to observe,” Lents said. “In 99 percent of the residential foreclosure cases, plaintiffs are asking the court to accept a promissory note copy as the original because it is presumed lost.”
Resistance doesn’t come cheap. Lents has paid more than $120,000 in legal fees and costs so far to save his 5-acre, $2.5 million home.
read the rest of the South Florida Business article
The Florida Fourth District Court of Appeals decided an issue quite pertinent to today's foreclosure environment in the case of StateStreetBank and Trust Co., Trustee for Holders of Bear Stearns Mortgage Securities, Inc. Mortgage Pass-Through Certificates, Series 1993-12 v. Harley Lord, et al., 851 So.2d 790 (Fla. 4th DCA 2003). The Court held that StateStreet could not maintain a cause of action to enforce a missing promissory note or to foreclose on the related mortgage in the absence of proof that it or its assignor ever held possession of the promissory note. Section 673.3091, Florida Statutes (2002).

StateStreet filed an action in the Circuit Court under section 71.011, Florida Statutes to reestablish the lost promissory note. The Court of Appeals upheld the lower court's decion and held that the right to enforce the lost instrument was not properly assigned to StateStreet where it was found that neither StateStreet nor its predecessor in interest possessed the note and StateStreet did not otherwise satisfy the requirements of section 673.3091, Florida Statutes (2002) which is Florida's version of the UCC's article on negotiable instruments. The court noted that it was undisputed that the note was lost before the assignment to StateStreet was made.

In footnote one, the Court noted that the enforcement of lost promissory notes which are negotiable instruments is actually governed by secton 673.3091, Florida Statutes and not section 71.011 which governs enforcement of lost papers. It should be noted that the case of Mason v. Rubin, 727 So.2d 2883 (Fla. 4th DCA 1999) previously held that the reestablishment of a lost promissory note which is a negotiable instrument is controlled by section 673.3091, Florida Statutes (1993) and not section 71.011, Florida Statutes (1995). The court explained that section 71.011, Florida Statutes (1995) provides for establishing lost documents "except when otherwise provided" -- the implication being that section 673.3091, Florida Statutes (1993) otherwise provides. The court also characterized the provisions of section 673.3091, Florida Statutes (1993) as "more stringent requirements" than section 71.011, Florida Statutes (1995).

The Court explained that pursuant to section 90.953, Florida Statutes, (2002), Florida's code of evidence, the plaintiff in a mortgage foreclosure must present the original promissory note as a duplicate of a note is not admissible. Otherwise, the plaintiff must meet the requirements of section 673.3091, Florida Statutes to pursue enforcement. W.H. Dwoning v. First Na'tl Bank of Lake City, 81 So.2d 486 (Fla.1955), Nat'l Loan Investors, L.P. v. Joymar Assocs., 767 So.2d 549, 551 (Fla. 3d DCA 2000).

The Court further explained that although it and the Third District Court of Appeals have held that the right or enforcement of a lost note can be assigned, here there was no evidence as to who possessed the note when it was lost. See Slizyk v. Smilack, 825 So.2d 428, 430 (Fla. 4th DCA 2002), Deakter v. Menendez, 830 So.2d 124 (Fla. 3d DCA 2002). In Slizyk, the Court allowed the assignee of the note and mortgage to foreclose as the assignor of the note was in possession of the note at the time of the assignment and therefore the right to enforce the instruments was assigned to the assignee as well. In contrast, here the undisputed evidence was that the assignor never held possession of the note and therefore could not enforce the note under section 673.3091, Florida Statutes (2002). As the assignor could not enforce the lost note under section 673.3091, it had no power of enforcement which it could assign to StateStreet.

The court noted that it did not reach the question of whether Slizyk and National Loan could be applied to allow enforcement of a note if there was proof of possession by an assignor earlier than the most immediate assignor.

It should be noted that in 2004, section 673.3091(1)(a), Florida Statutes was amended to allow enforcement of an instrument if the "person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred." It is not clear that this amendment would have changed the court's decision in StateStreet.

StateStreet was later cited with approval by Dasma Investments, LLC v. Realty Associates Fund III, L.P., 459 F.Supp.2d 1294(S.D.Fla.2006) where the court held that if a party is not in possession of the original note and cannot reestablish it, the party cannot prevail in an action on the note. In Dasma, the court explained that in Florida a promissory note is a negotiable instrument and that a party suing on a promissory note, whether just on the note itself or together with a foreclose on a mortgage securing the note, must be in possession of the original of the note or reestablish the note pursuant to Fla. Stat. § 673.3091. See, Shelter Dev. Group, Inc. v. Mma of Georgia, Inc., 50 B.R. 588, 590 (Bkrtcy.S.D.Fla.1985).

StateStreet was also cited with approval in the case of In re American Equity Corporation of Pinellas, 332 B.R. 645 (M.D.Fla.2005)(Paskay, J.) where the court held that a party must comply with section 673.3091, Florida Statues in order to enforce a lost, destroyed or stolen negotiable instrument. It is noteworthy that the court found that the creditors' affidavits merely stated that the creditors had searched for the original promissory notes but were unable to find them and failed to state that the creditors ever received possession of the original promissory note.
 Quoting: Anonymous Coward 358996


Dont worry, they will find a way. I mean, you borrowed the money...you didnt pay. Simple, you gone!
Rastifar

User ID: 316521
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01/23/2008 09:14 PM
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Re: Fighting Foreclosure in Florida
If there is not a promisary note for the house. How can you prove that you have a right to be there ?
Anonymous Coward (OP)
User ID: 358996
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01/23/2008 09:16 PM
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Re: Fighting Foreclosure in Florida
If there is not a promisary note for the house. How can you prove that you have a right to be there ?
 Quoting: Rastifar

this answer is simple,I have a Deed and I live there,if no one can produce a note,then I will continue to live there.
Rastifar

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01/23/2008 09:18 PM
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Re: Fighting Foreclosure in Florida
Interesting...
Anonymous Coward
User ID: 351956
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01/23/2008 09:20 PM
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Re: Fighting Foreclosure in Florida
If there is not a promisary note for the house. How can you prove that you have a right to be there ?
 Quoting: Rastifar


Trust me, they will find the note somewhere. They also have other ways to prove that you made a loan with them. I wouldnt be so cocky about it. They will get you. The note is your agreement to repay the loan.

However, in a court of law...the lender can build a case to show you have agreed to pay them money. They will and you will be gone.
Anonymous Coward
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01/23/2008 09:28 PM
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Re: Fighting Foreclosure in Florida
go to this address www.naca.com these people can help you with your situation. It's a little known organization that was designed for people to keep their homes. The best part the banks have to participate by law. Read up and give them a call. They help people who even have an auction date on their forclosed home. Helping them get back into their home. Good luck. hf
Anonymous Coward (OP)
User ID: 358996
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01/23/2008 09:29 PM
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Re: Fighting Foreclosure in Florida
If there is not a promisary note for the house. How can you prove that you have a right to be there ?


Trust me, they will find the note somewhere. They also have other ways to prove that you made a loan with them. I wouldnt be so cocky about it. They will get you. The note is your agreement to repay the loan.

However, in a court of law...the lender can build a case to show you have agreed to pay them money. They will and you will be gone.
 Quoting: Anonymous Coward 351956


well I am takin my chances here before the other options
Anonymous Coward (OP)
User ID: 358996
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01/23/2008 09:31 PM
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Re: Fighting Foreclosure in Florida
go to this address www.naca.com these people can help you with your situation. It's a little known organization that was designed for people to keep their homes. The best part the banks have to participate by law. Read up and give them a call. They help people who even have an auction date on their forclosed home. Helping them get back into their home. Good luck. hf
 Quoting: Anonymous Coward 350724


Thanks very much.
Anonymous Coward
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01/23/2008 09:35 PM
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Re: Fighting Foreclosure in Florida
go to this address www.naca.com these people can help you with your situation. It's a little known organization that was designed for people to keep their homes. The best part the banks have to participate by law. Read up and give them a call. They help people who even have an auction date on their forclosed home. Helping them get back into their home. Good luck. hf


Thanks very much.
 Quoting: Anonymous Coward 358996

Your welcome very much! :-)
Anonymous Coward
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01/23/2008 09:47 PM
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Re: Fighting Foreclosure in Florida
It absolutely doesn't matter, because at all closings you sign a document of compliance, which states that the lender can require you to re-sign or to sign any document that you signed at the original closing. The only thing a lender or the holder of the note cannot do is change the terms of the document. If the lender has a copy this should be sufficient, especially if your signature can be verified that it is your signature, which should be pretty easily verified. Additionally, there are other copies of the documents too. The title company always keeps a copy of all closing documents, which would include your your promissory note and any addendums (riders) associated with the note, prior to sending it to the lender's lien perfection department.

I am sorry to tell you that you can quote statues all day long, but your chances of winning on this argument is nil to none. Additionally, I think it's pretty smarmey of you to try to get from underneath your obligations for trying to utilize such a weak argument (it's just my opinion). I am sorry your in foreclosure and I wish you the best with you legal endeavors.
Anonymous Coward
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01/23/2008 09:50 PM
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Re: Fighting Foreclosure in Florida
P.S. If you fail to honor your document of complaince, by failing to sign the promissory note, the lender Deutsche Bank can call the whole note due in full an payable, which will lead you full circle to where you are now.
Anonymous Coward
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01/23/2008 09:56 PM
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Re: Fighting Foreclosure in Florida
bump

for others who need naca.com
Anonymous Coward (OP)
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01/23/2008 10:16 PM
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Re: Fighting Foreclosure in Florida
P.S. If you fail to honor your document of complaince, by failing to sign the promissory note, the lender Deutsche Bank can call the whole note due in full an payable, which will lead you full circle to where you are now.
 Quoting: Anonymous Coward 356512


Thank you I will consider your thoughts
Anonymous Coward
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01/24/2008 01:22 AM
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Re: Fighting Foreclosure in Florida
This information will be of help to you.

Go to www.msfraud.org Click on ' How They Steal Your Home" It will be located on the left of the main page. Then read ' The Issue.' It will be listed on the main page about in the middle you can click on. Then go to the left of the page main again, click on ' The Servicers.' Watch that very long, scrolling list of the companies who perpetrate this fraud.

Now last but not least. There will be a scrolling headline at the top about Ohio judge tosses out foreclosures. The state of OH are going after these people. I believe it is now a total of 4 judges in OH have cumulatively tossed out close to 45 foreclosure cases due to the companies not being able to provide the legal authority nor documentation they legally owned the loans. Deutsche Bank, Wells Fargo, HSBC are among the companies they ruled against.
Now I cannot promise you a 'rose garden' so to speak. But it would be worth your while to obtain a consumer protection attorney skilled in these matters [ if you can find one]

Best of Luck
Satiric Axiom

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01/24/2008 01:33 AM
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Re: Fighting Foreclosure in Florida
Homestead Act, Florida & Texas I believe,may be pertinent only regarding other concerns.

Edit:

I have just realized that you or anyone may already have to own the property.

My Apology regarding false hope.
"It isn't about what you & I think, it's about what is."
Ricker
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01/24/2008 01:40 AM
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Re: Fighting Foreclosure in Florida
AS much as borrowers must be responsible for paying their mortgage, so must "Note Holders" be responsible when buying and selling Notes. Notes are like hot potatoes on the market. Bought and sold, bought and sold. If you want to claim something is yours, you better bring solid, goddam proof to show you own it. If you can't bring the ONLY thing that shows ownership "THE NOTE" to a court hearing, then you have no right being there.
It's cut and dry, black and white, as simple as it gets. These entities want to show up to the DMV with a library card instead of a birth certificate. Fuck em. Just hope you don't have a judge that is on the "take".
GRIZABELLA
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01/24/2008 01:47 AM
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Re: Fighting Foreclosure in Florida
YOU ARE LUCKY TO BE IN FLORIDA... THEY HAVE A HOMESTEAD LAW THERE. MAKE SURE YOUR HOUSE IS "HOMESTEADEDA." GO TO YOUR CITY OFFICE AND DISCUSS THIS.

YOU CAN BE PROTECTED!

GOOGLE "FLORIDA" "HOMESTEAD ACT" AND TALK TO ANYONE WHO WILL LISTEN IN YOUR LOCAL AREA, ESPECDIALLY A LEGAL AID OFFICE OR A LAWYER WHO MIGHT GIVE YOU 30-MINUTES OF FREE ADVICE PRO BONO.

GOOD LUCK AND GOD BLESS!
Anonymous Coward
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01/24/2008 02:01 AM
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Re: Fighting Foreclosure in Florida
Just in case you want to fight: Here's your Nuclear Bomb against the banks:
[link to sovietanalyst.com]

You simply call their bluff and that's all.
More than worth a try!

Best Regards and good luck!
Contact me ASAP
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04/24/2008 12:48 AM
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Re: Fighting Foreclosure in Florida
I have the same issue. Can you let me know how you did. Maybe we can share info. ccflorida99@ yah*o.com
SARTU
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06/09/2008 04:58 PM
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Re: Fighting Foreclosure in Florida
NACA seems to be a good program for minorities only.

There seems to be a lack of reverence to help for a self supporting white female with a moderate income. After trying to get a loan for 8 months with them and had very little ability to get a response from the local office even when submitting documents continuously for 8 months. I can only assume I am the wrong race. All my ducks were in a row and all my i's and t's crossed and dotted.

If your have a good job and need help, click a different race in the check box.


for others who need naca.com
Anonymous Coward
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06/09/2008 07:21 PM
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Re: Fighting Foreclosure in Florida
It absolutely doesn't matter, because at all closings you sign a document of compliance, which states that the lender can require you to re-sign or to sign any document that you signed at the original closing. The only thing a lender or the holder of the note cannot do is change the terms of the document. If the lender has a copy this should be sufficient, especially if your signature can be verified that it is your signature, which should be pretty easily verified. Additionally, there are other copies of the documents too. The title company always keeps a copy of all closing documents, which would include your your promissory note and any addendums (riders) associated with the note, prior to sending it to the lender's lien perfection department.

I am sorry to tell you that you can quote statues all day long, but your chances of winning on this argument is nil to none. Additionally, I think it's pretty smarmey of you to try to get from underneath your obligations for trying to utilize such a weak argument (it's just my opinion). I am sorry your in foreclosure and I wish you the best with you legal endeavors.
 Quoting: Anonymous Coward 356512


It's about chain of title to the debt. Unless the creditor has possession of the ORIGINAL promissory note, no proof exists.

It's called "standing." Only the actual original wet ink promissory note proves standing - copies are just copies and do not prove any subsequent assignment.

.
Anonymous Coward
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06/09/2008 07:31 PM
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Re: Fighting Foreclosure in Florida
The situation is worse with credit card debt.

After default to the original credit card company, the bad debt is bundled and sold at a discount. Perhaps the first time, only one purchaser of the bundle exists, but later in the process the name of the debtor along with contact information is sold at very heavy discounts to multiple buyers.

Non of the subsequent purchasers of the bundled debt can prove standing with original contracts.
Anonymous Coward
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06/09/2008 07:52 PM
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Re: Fighting Foreclosure in Florida
There is a thread on Sui Juris about how possession of the original promissory note is required for a foreclosure.

[link to www.suijuris.net]

Other threads about banking and credit etc

[link to www.suijuris.net]
Why the Original is Required
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06/22/2008 08:50 PM
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Re: Fighting Foreclosure in Florida
The original prom. note absolutely IS required. It's pretty obvious why -- to avoid the case where two entities claim you owe them the exact same debt. And if you don't think you can't happen, you are a fool.
Anonymous Coward
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06/22/2008 09:04 PM
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Re: Fighting Foreclosure in Florida
let 'em have the fuckin' thing. it'll be a drain on them in terms of red ink on the balance sheet. It's a house not your kid.
It may seem I'm making light of it, I certainly am not. I am in the same spot and after months of crying and turning cartwheels for those leeches, I said "fine. you take it when it's $20k upside down, in a falling market even before you auction it as a foreclosure that's been vacant for months."
It sucks but sometimes it's better to just take the loss, the ass kickin' and move on.
wildchild_deb
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06/28/2008 11:04 PM
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Re: Fighting Foreclosure in Florida
I'm in Florida currently fighting a foreclosure as well.

My first piece of advice is get an attorney. After working for quite a while as a closer in a title company, I can tell you that you shouldn't even pretend that you can interpret what statutes apply to your situation and what your true standing is in the courts here. Spend the money and let the guys who do this all day long deal with it. It's worth every penney.

I originally went to an attorney for a consultation to discuss what I felt was my legal position regarding my foreclosure. He advised me that my thinking was correct on the situation. He also was able to quote several other statutes in Florida that had not been complied with by the lender, Deutsche Bank National Trust Company. Or, I guess I shouldn't call them the "lender" as I educate myself more on how these securitizations are handled.

Anyways, there were other things that contributed to my defense on my foreclosure. He has already been a great help, even though I'm only in the beginning stages.

I also take offense to alot of people out there who think everyone in foreclosure are deadbeats. I fully went in understanding how my loan was structured. I realized that it was a gamble to take a "low" (interesting choice of words) teazer rate. We purchased a house at half of what we qualified for, we kept our payments current right up until the time for the ARM to jump. We were unable to refinance to stabilize our rate because of the mess that is going on with the housing market here. My house is now worth 1/2 of what I paid for it, thanks to the explosion in our area of foreclosures. We were in the top 10 counties in the country in February. OK, so now we have to deal with that. Fine, I wasn't completely ruined. I called the bank and said "lets talk". I just wanted to keep my interest rate from adjusting up because, not only is the housing market going terribly wrong here, so is the economy (unemployment has doubled). My household income had dropped to half because the business my husband has been in, with a stable income over the past six years, is now suffering immensly. The bank told me tough, "our investors wont let us deal with customers". So here I am, with a housepayment that is $500 higher than last year, house payments that were made on time during my 2 year lock, a house worth 1/2 of what I paid
and on top of it all, the probable realization that the broker that came highly recommended to me, I mean I was in the business and had the contacts to check her out, probably could have gotten me into a better loan, which is what I paid her to do, but instead chose one that made her a nice little chunk of change.

Get a lawyer, you have rights. Exercise them.
Canadian Cold Front
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06/28/2008 11:23 PM
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Re: Fighting Foreclosure in Florida
Here is a really clear article on exactly this. It is a bit too long to repost.

Thread: Facing foreclosure? Don't go to court without this!

The Subprime Trump Card: Standing up to the Banks

by Dr. Ellen Brown

Global Research, June 25, 2008

"If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs."

– Thomas Jefferson, Letter to Treasury Secretary Albert Gallatin (1802)

Lays out clearly how to go up against the banks! Good Luck You Guys!

Deadbeat bankers will be Dealt With.
Anonymous Coward
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06/28/2008 11:23 PM
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Re: Fighting Foreclosure in Florida
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Anonymous Coward
User ID: 458022
United States
06/28/2008 11:58 PM
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Re: Fighting Foreclosure in Florida
I live in Florida Deuche bank came after me sometime more than a year ago.

Agent was the original lender

I have not paid a penny since.

I asked them to bring the P note,they did not show up for the summary judgement and have done nothing yet.

There are no Lawyers that I have found willing to fight this case in this manner.

Do not pay mind to the ignorant assholes who post here many do not have a pot to piss on and never will.

Fight these assholes to the end they must produce the Note.

email me at beach_books@hotmail.com where we may confer in private I will give u my skype Telephone number where we can talk and exchange info.

I have no fear of the bank and I am willing to fight to the end.

If there is no first on the public record,go ahead and put one,use a family member of friend or child of any age.

read at the ticker forum,very helpfull but somewhat useless.

Have no fear fight the fuckers.

A wealthy woman told me once that there are 3 ways to get wealth.

1 marry it
2 inheret it
3 steal it

I would do whatever to keep my home of 15 years and its underwater.I do not fucking care.

I have studied this for a long time and I think I have more guts than my lawyer to fight this on my own,they are officers of the court and many of them are closing agents for the very bank or its associates,therefore they are very reluctant to stand for what is correct.
BRIEF AND TO THE POINT

User ID: 459389
United States
06/29/2008 12:05 AM
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Re: Fighting Foreclosure in Florida
If there is not a promisary note for the house. How can you prove that you have a right to be there ?

this answer is simple,I have a Deed and I live there,if no one can produce a note,then I will continue to live there.
 Quoting: Anonymous Coward 358996

You may have the abstract but not the deed. If you have the deed then it's paid for and recorded at the "recorder's" office.
Poor people do poor people things, and rich people do rich people things.

You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity.

What one person receives without working for, another person must work for without receiving.

The government cannot give to anybody anything that the government does not first take from somebody else.

When half of the people get the idea that they do not have to work because the other half is going to take care of them, and the other half gets the idea that it does no good to work because somebody else is going to get what they work for, that my dear friend, is the beginning of the end of any nation.

You cannot multiply wealth by dividing it!

when you rob Paul to give to Peter ... ... ... you will always get Peters support!

:Brieffromnativea:

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