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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am a pro se co-defendant in a foreclosure action in Monroe County FL. Plaintiff Flagstar

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I am a pro se co-defendant in a foreclosure action in Monroe County FL. Plaintiff Flagstar Bank has not complied with atleast 3 ordered procedures by the courts trial Scheduling order. 1. they did not schedule nor did we have, the meeting that was ordered atleast 10 days prior to the pretrial hearing to discuss and try to satisfy any areas of dispute and present our positions. 2. ordered for mediation ,requiring Plaitiff to file plan for that prosedure atleast 30 days prior to the pretrial. It was finally scheduled 3 weeks late (because of my complaint to them and the courts mediation coodinator)with it to be held the next day from the notice I received from them 4 dys prior to the mediation and 25 days after the deadline. Plaintiff refused any discusion,negotiation or mediation because neither the co-defendant nor her council were there (they are not opposing the foreclosure) I requested that we discuss My application under Make Home Affordable program and "Florida Hard Hit assistanc
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. I know you stated you are a co-defendant and I just wanted you to clarify if you are on both the note and the mortgage? Also, where does the case stand now and what relief are you seeking? What defenses did you raise to the foreclosure action? TO date, what has the plaintiff failed to comply with or do?
Customer: replied 1 year ago.

Attachment: 2013-06-04_210252_16__real_2_last_motion_for_order_show_cause_for_contempt.docx

co-defendant is on note and mortgage to orignal loan FROM HOMEBOUND BANK/MERS bought by FLAGSTAR SEPT. 2011

AFTER they started collection and forecloser efforts. (foreclosure by non mortgage owner??)

 

Co-owner/defendant was gifted the joint tenancy by myself ,she stopped 50% payments in 2010 as per our agreement causing this foreclosure. She does not oppose the foreclosure and is represented by a Lawyer.

They didn't attend the eventual mediation(not opposing) which Plaintiff used, improperly, as an excuse to refuse discussion,negotiation at the mediation with ME, a seperate enity,,opposing. It is my position that their refusal to mediate with me is another example of not complying with a court order, deserving sanction and combined with afore described noncomplying acts deserving of dismal. Aleast continuance to afford me time to complete, applications already underway. APPLICATIONS IN PROCESS including RMA for Making Home Affordable Program, ; FL. Hard Hit Program for mortgage assistance run by HUD (freddie mac who is connected to my mortgage) requring Flagstar cooperation. In addition I have a verbal ok for a Reverse Mortgage but that is held up by non participation of co-owner who agrees to providing a quit claim deed but not until refinaincing is secured. Co-owner is under investigation by a NH County attorney for felony ID Theft, Fraud and Theft by deception. Myself being the victim (charges coming in 2-3 wks) I included this relevent action by way of a cross claim in my answers to original summons but have had no action or acknolegment of my claim by the court or Plaintiff. I Attach copy of my motion to be filed tommorow AM.

My original question and optioal facts above go to your response question. This pro se defendant needs counciling obviously!!

 

 

 

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. Once you file the motion ,it will be at the discretion of the Judge to hold the Plaintiff in contempt, order sanctions or in the most extreme situation, dismiss the case. If the parties were ordered to attended Mediation, they need to do so and act in good faith, trying to find a resolution to this. If they are not proceeding according to the order, the Judge can compel them to do so and if they still refuse to comply, sanction them again. As far as the ability to refinance, there needs to be equity in the home for that to happen. In addition, if the loan was to be modified, sold via short sale or the lender was willing to accept a deed in lieu of foreclosure, they other co-defendant would have to agree and cooperate. The reason being is that they have a legal right in the home and would have to be willing to give it up. In addition, they would have to agree to modify the loan, since they are liable on the note as well. It is unlikely that the lender would allow you to assume the loan solely in your name and release them from any obligation. My experience with Flagstar has been that they are a lender that often works with the borrower and is focused on home retention, often offering in house modification when there are not government programs which the home owner qualifies for. All in all, it appears as though you have a situation where counsel for the plaintiff has a heavy case load and can not keep up and comply with all the court deadlines and requirements. As such, now that you are bringing it to the attention of the Judge, they will be more inclined to act and respond, instead of having to answer to the Judge.
LegalKnowledge, Attorney
Category: Legal
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Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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