I was able through the latest “Pages” software on my Mac Pro to lay out a perfect number lined layout for a state filing for the action against the lender. It was perfect.
I was able to get form fill pdfs of all filing cover page and summons in pdf format filled in perfectly using other filings as examples and following their format perfectly.
I had to get something in to have my appraisal license renewed, so will get on summons service next Monday or Tuesday. I have a service company lined up and the documents ready. I think I heard you say I have 30 days to serve. I hope and think I have that, 21 days on about Tuesday.
I originally contacted you back in March of last year re: a bankruptcy to stop a non judicial foreclosure by the HOA on my townhouse.
On closer study it appears they inquired from the tenant if they knew my whereabouts to serve summons on that.
Tenant declined. This was back in December 24, 2014.
The attorney filed a notice that attempt to locate me was made and was unsuccessful.
Using that motion and a publication of notice/summons, as satisfaction to court of notification she/the attorney then served me notice at my mailing address in San Mateo, only 3-4 weeks before the 90 days to answer would have passed. I believe the Home Owners association has my mailing address. I will find out and go over mailings I think I have from them. I am sure I get HOA notifications of happenings at my mailing address.
In March 2015 I filed with the state court and the case, copies of my bankruptcy filing, serving it on the attorney, filing the service, per your instructions, with the case, and with my return mailing address in San Mateo.
Years prior to this, I had a revokable living trust on the home, with other mentioned on the living trust.
The attorney for the HOA then tried to serve and process a non-judicial foreclosure against the trustees in this living trust, the other members of the revokable trust.
I then revoked the living trust even while in bankruptcy, doing it quite well I believe, and recorded it with the recorders office and filed notice to the attorney, again with my return address.
When my bankruptcy was dismissed in June 2015, and trustee discharged me in September, I was expecting to hear from the attorney for the HOA.
After all, on notifications I included my address, and the attorney thus had notice of where to serve paperwork.
Filing for the court for dismissal of my bankruptcy filing was made by the trustee on June 10th and signed by the judge June 11th, 2015, possibly June 20th.
But I was not discharged from bankruptcy until September 2015.
The attorney for the HOA used the prior motion and publication notice summons back in December 2014 to not serve me with any new notices.
The attorney, with repeated filings by me having my address in the headings, used the attempted service to not serve me and filed stating:
-“defendant B————— previously fled chapter 13 bankruptcy was dismissed by the bankruptcy court on June 10, 2015. Plaintiff may not proceed with publication of the summons for defenders B————————— and A———— —————, (one of the prior trustees in the living trust).
It appears, that regardless of the revocation of my living trust and the other members of it in April 2015, notification of my address on this and other filings, and while I was not yet dismissed from bankruptcy in September of 2015 the attorney:
-Filed with the HOA case July 7th of 2015 document #1, stating on 3.B. (1)the following parties, “X have not been served B——————— (me) and A——————(one of the trustees“, stating:
“Defends are homeowners in plaintiffs residential development and are obligated to pay assessments under the contract Defendants have defaulted in the payment of such assessments. Plaintiff seeks to foreclose on the subject property.”
“Following the entry of default as to defendant A——— P———-, (one of the trustees), plaintiff was notified by the served party of a mistaken identity issue.
Accordingly, plaintiff will file a motion to set aside default and thereafter will file an application for serice via publication of this defendant, as well.”
-On 11/18/2015 it appears minute order shows “the court is informed defaults have been entered as to defendants armando A———— and B———- T————— (me). A request for entry of default will be entered as to defendant A—— Packer (they do not even have her name right, it is Parker not Packer), hearing continued to 05/20/16 at 9:00 in Department 21. Plaintiff shall submit an updated Case management statement.
If a judgment is filed then no appearance is required."
My goal in this is this:
I want to set aside the default against me.
Since it takes filing 90 days time period after a filing, prior to enter a default, and the filing of November 3, 2015, document #2, states default has been entered against me, request for default or filing enabling one, had to have been submitted after dismissal of bankruptcy, which occurred in June 2015 by bankruptcy judge, but before trustee discharged me, in September.
It must have been filed after I had my bankruptcy petition dismissed, but before I was discharged by the trustee, which I hope means before the automatic stay expires, or some kind of protection, and/or maybe some kind of inability to act on my own behalf until trustee released me.
- Set aside the default against me since proof of service was using inquiries with the tenant in December of 2014, I was in pro se, and attorney for plaintiff was given my return address, in numbers filings and in answers to her.
- Indeed, I believe she served me with notice she was pursuing action to foreclose against the others in my living trust before I revoked it, proving she had my address to serve me.
-Can I use the controversy over trustees somehow that the attorney has created, even though the trust was revoked by me, and the trustees do not have interest in the property any longer.
-I revoked my living trust while in bankruptcy and filed the filed revocation with the HOA case. Was that ineffective because of when I did it, in bankruptcy, but the action of filing a default while I was not discharged by the trustee and while trustee still had jurisdiction acceptable? What is up with these services of revoked trustees in a former trust?
I am starting next month with my real estate appraisal practice and expect to do well.
My brother has a townhouse in the exact same complex and was behind just like me.
He filed a counter-complaint/answer, cross complaint, document #3, that brought about settlement conferences and a court trial date 9 months into the future. He then settled with them at about a 30% reduction in what was due, thru eliminating late charges and other forgiveness.
-I want to file a similar suit, and thus delay any action the HOA until I get some savings from my appraisal practice. I can easily use the same software setup to copy the answer my brother filed, it was done by an attorney.
-The November 3rd 2015 filing, document #2, states a default has been entered against me. 90 days from November 3rd is February 3rd, does that 90 day window going to February give me some time frame or a good window to file something now based on that filing, getting it filed this Monday.
-What maybe I should do now is to address the default entered and not get into any answer to complaint right now. Get dismissal of default judgement and following that get into counter action.
-It may take time to go through the file and get copies of filings with my return address, and find the notification the attorney sent me to my mailing address in March and again in April.
Maybe I should file, and then follow up with a list of documents and reference them to this filing after I get it done, maybe prior to any hearing.
-What form or forms do I use to file this all. Do I use that page numbering superior court software complaint setup? What pdfs/court forms.
Submitted: 1 year ago.
Category: Consumer Protection Law