We are calling for any and all help on this! If you know civil process and can help me ‘put a wrench in the gears’ or stop this fraud please send me your suggestions.
you can reach us via email @ [email protected]
Julian and I have been fighting the foreclosure of our home for several years.
The latest Status is we were served a FINAL NOTICE OF EVICTION/EXECUTION today. Let me give you a brief summery of what I have been doing.
My process for fighting this has been an on going learning process, I am not a lawyer, I do not work with the courts. I found out about this fraud and I am trying to educate myself with the tools needed to end this.
– On March 8th 2013 I received on my door a ‘NOTICE TO ANY AND ALL OCCUPANTS PURSUANT TO THE PROTECTING TENANTS AT FORECLOSURE ACT OF 2009’ and part of it included ‘pursuant to THE FAIR DEBT COLLECTION PRACTICES ACT, (THE ACT) 15 U.S.C, SECTION 1601 AS AMENDED’ – If the defendant sends a written statement contesting the debt with 30 days of receipt of the notice, they are required to send a verified response. None was every received!
– I sent Courtesy Notices on March 9th, the 18th and the 27th (there abouts) with a cover letter stating that I was contesting the validity of the debt to the plaintiff, the CEO of Wells Fargo Home Mortgage and the Trustee, US BANK NATIONAL AND ASSOCIATES.
– On April 3rd 2013, a UNIFORM VERIFIED MOTION FOR WRIT OF POSSESSION IN FORECLOSURE CASE was filed by the plaintiff, despite my contesting the validity of the debt.
– I sent an additional notice of violation and of the fair credit reporting act to all the parties involved as well as Invoices.
– On April 24th 2013, I filed a Motion to Deny Writ of Possession and Deny Enforcement of Judgement – which was never acknowledged.
– On May 2nd 2013, I filed an Emergency Motion to Stay Writ of Possession and Order. The Judge who reviewed my motion said there was “no Motion for Writ of Possession filed by the Plaintiff” – this is where I started to get confused. Were they just play word games with me? A Uniform Verified Motion was filed, should I have specifically stated that in my emergency motion??
– On June 4th 2013, 4 days before the original 90 notice to vacate was set to expire, I filled a Motion to Dismiss and an Affidavit of Support of Motion to Dismiss – stating again: the debt was not validated and they had violated the THE FAIR DEBT COLLECTION PRACTICES ACT, (THE ACT) 15 U.S.C, SECTION 1601 AS AMENDED. Again no response was ever made by anyone.
– On July 24th 2013, the Plaintiff filed a Writ of Possession and it was served on me today, August 1st 2013.
I do not claim to have absolute knowledge of the law or civil process, however I was under the impression Sworn Statements, Affidavits, need to be rebutted by the apposing council which never happened. Possibly the court can exercise some provision allowing it to ignore a sworn statement. Possibly I did not enter it into evidence correctly in which case the judge is not required to hear it. I honestly do not know.
Whats next?! Thats a great question…
Today I am going to prepare another Emergency Motion to Stay Writ of Possession, and call them out on their lack of following the fair credit reporting act and for not responding to a sworn affidavit. I will also include the Foreclosure of governments and that the corporation and plaintiff do not have a valid claim due to their deceptive acts and practices and that they do not actually exist anymore.
Despite my best efforts however, we, and our 4 cats, may find ourselves on the street on Monday August 1st 2013. If anyone has any suggestions or help please send them my way.
Thanks for all your support