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If the lawsuit was started after the deed transfer, they would not be able to foreclose as they did not serve the party that owned the party,
however, since you are on the mortgage as individuals, they can still sue you for the balance of the property, however an actual foreclosure of the property could not happen without a change in the caption or motion to add Defendants by the lender.
House was transfer to llc name in jan 2013 and foreclosure was filled in march 2013
they do not have the correct parties for a foreclosure,
lender did filled foreclosure last year but was dismissed that they had no standing at that time now after one year they have filled new foreclosure and had filed cooperate deed of assignment which is back dated that time loan services company was not renting that office they moved in jan 2012 and in assignment of deed they have used this address as of 2011
there paper work is back dated and new lender never informed us that sun trust has sold the loan to them.
you should file a motion to dismiss based upon these issues, and the lawsuit can be dismissed, especially if they did not name the correct party.
is there any time to file motion to dismiss because I was not able to attend mediation . I was stuck at the airport.new lender filled the foreclosure first then filled cooperate assignment of deed with county
yes you can file it anytime, as long as the case still is on, and a judgment was not given to them
one more question that the loan paper which my sister signed were notarized two day later. her intial are forged
than it is invalid,
I don't think in foreclosure lender need judgment from the court.
Than you have to file a motion in court as soon as possible or file a chapter 13, to stop the lawsuit,
I don't want to file chapter 13 how can that will helped when I am the only member of the llc who hold the deed .
r u sure that lender can't go forward without naming the llc
they will have to serve the deed holder, as they are the owners per the deed
I am in ca and will go back to Maryland Friday then I need to look for attorney who can draft a motion to dismiss. Can u help me in motion to dismiss at extra charge
no, you would need a licensed attorney in the State where you live.
Ok thanks you gave me good news that lender will not be able to move forward with foreclosure without naming llc as a defendant in foreclosure
good luck, and if you have any further questions please do not hesitate to ask.
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