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Can you do me a favor and go back to the last question and press the ACCEPT button on that answer box so that we can get that question closed up.
So it sounds to me like your name is XXXXX XXXXX any of these loans and that the lender is messing around with pages trying to make it look like your name IS XXXXX XXXXX loan. If you have the original loan paperwork that shows that your name was not on the loan and you can show that the lender may be attempting to commit and act of fraud here in order to try to collect some money from you on these loans then you should report the lender's actions to the Maine Division of Finance -- they are the state agency that handles banks and complaints against banks -- here is an internet link to the agency and if you look to the right of the page you will see a list of things that you can do -- choose "file a complaint". Here is the website: http://www.maine.gov/pfr/financialinstitutions/ You are going to have to send the loan documents that you have showing you are not on the loan and then show the fraudulent documents to show the agency what the lender did to the docs here.
If they have served you with a court complaint for foreclosure then you will be expected to answer it in writing OR simply default on it . I think that you should prepare a written answer and file it with the court and you will have to send it to the bank also. What you want to file is an ANSWER and MOTION FOR DISMISSAL. You will set up the document as they set up their document -- the top formatting part with the name of the court and the party caption box and case number. After that you will center text the following title of the document
ANSWER and MOTION FOR DISMISSAL
Here comes XXXXXXX (your name), the Defendant in the above referenced matter and Answers the Plaintiff's complaint and Requests that this Court Dismiss the Complaint against the Defendant because the Defendant was not and is not a party to either of the promissory notes or mortgage accounts claimed by the PLaintiff, and in support of this Answer and Motion to Dismiss the Defendant hereby states as follows:
1. Plaintiff submitted to this Court and to the Defendant copies of a Promissory Note purportedly claiming to be Defendant's signature as if she were party to the Note and the Loan. However, either through deliberate fraud or mistake the lender attached a sginature page from a previously paid off loan to a loan that was taken out individually by Defendant's husband during their marriage. Defendant hereby attaches her copies of the promissory note for the loan in question and efendant points out to the Court that Defendant's name does not appear on the promissory note, the loan application or any of the other documents in the real copies of the loan documents retained by the Defendant in her own records. (See Exhibit A attached).
2. Plaintiff further submitted to this Court and to the Defendant copies of a Promissory Note and Mortgage for loan number XXXXXXXXX. Defendant hereby points out to the Court that Defendant's name or signature is not on any of the loan documents for loan number XXXXXXXX. Defendant is not responsible for this Note and Mortgage Loan and never has been responsible for this loan obligation. While Defendant was married to the Loan and Mortgage obligor at the time the loans were entered into, Defendant is not responsible for these loans because the laws of Maine do not recognize the community property theory of marital property, and a non-signatory spouse cannot be held responsible for a loan entered into by a spouse simply because of the marriage and marital relationship between the parties.
Therefore, this Court should accept this Defendant's Answer and Dismiss this Plaintiff's Complaint Against the Defendant for the reasons stated above.
your name, address and phone number
Gwen -- I THINK what I wrote above works as a quick answer and motion to dismiss for you on this complaint -- it works assuming that I understood you correctly about the two loans -- that Loan One you were not a signatory -- but that they are trying to stick an old signature page on their copies to make it look like you are a signatory and that Loan Two -- you were never a party to it. Did I get that right? Read it over and let me know - you may be able to tweak it yourself.
I would appreciate it if you press accept below -- you can respond right in this same Question and answer thread after you press accept -- you do not have to open a new question every time.
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