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Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
You would likely need to file your counterclaim for damages against the plaintiff before filing a motion to dismiss.
Once your counterclaim is filed, you can file a motion to dismiss the plaintiff's case, and if it is dismissed, then you can still proceed with your claims.
As for the injunction, it is not likely that a judge would grant it based on the fact that you plan to file a motion to recuse him/her. Instead, you'd likely need to file the motion to recuse the judge and then file a motion for an injunction to stop the proceedings until the court decides your motion to recuse.
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I plan on filing the appropriate pleadings and complaints, to deal with the fact the uncertified "Affidavit of Lost Note Agreement" it states it indemnifies any successor owner from any and all damages, liability, expenses, losses, claims or suits of any nature whatsoever (including reasonable attorney’s fees) incurred or suffered directly, or indirectly by reason of the loss of said note.
What would be the appropriate pleading, to deal with the fact the uncertified (not properly filled out) "Affidavit of Lost Note Agreement" indemnifies any successor owner from any and all damages, liability, expenses, losses, claims or suits of any nature whatsoever (including reasonable attorney’s fees) incurred or suffered directly, or indirectly by reason of the loss of said note?
Hi - this appears to be an agreement by the secured party to indemnify any successor secured party for damages that are assessed specifically because the note is lost.
I don't know that this would provide the borrower/debtor with any grounds to sue. Instead, it would appear that this would just be a way for the successor to be reimbursed for any damages that are awarded against it for the note being lost.
On 10-23-13 I received the plaintiff’s motion for leave, and motion to amend their original complaint. They want to amend their original complaint filed May 2007, to now include FNMA as assignor and **** as assignee dated August 13, 2013 and recorded.
Indiana statues 15A state the party may amend their complaint anytime before the responsive pleading is filed. My attorney at the time filed a response to the complaint and counterclaim, September 2007 their complaint was filed May 2007.
I discovered documentation that the property was sold to FNMA as a mortgage back securities November 1, 1994 and according to a memo from original lender, dated 3-30-95, they retained, without forwarding the original documents (appears to be standard operational procedure) to the mortgage pool, valued $54 Million containing the note and mortgage that matured 12-1-2002 with a “0” balance.
FNMA sold the note and mortgage on October 2, 2002 to Freddie Mac, and there is evidence the property has changed hands over and over again. I discovered this information only a few weeks ago. Since that time I’ve received threats and reprisals and now this motion to amend as of yesterday.
What we have here is clearly a huge ponzi-scheme with worldwide implications. The Court had over 100 pending cases with the plaintiff prevailing in almost all of the cases, even cases that contained forged, invalid, and fraudulent documents with only the mortgage servicer listed as plaintiff, without substituting or amending their complaint.. This case has been reported to the US Justice Department with supporting exhibits.
The plaintiff (currently in the news with pending settlement) are doing all of this without changing the real party in interest in the caption portion of their complaint. Indiana TR15C states a party has 120 days to change party. My former counsels and I stated since 2007, that there was evidence that FNMA bought the property November 1, 1994 but the plaintiff failed to acknowledge it. FNMA was not mentioned in their original complaint and the plaintiff listed in the complaint is a different party that filed the original complaint. Multiple pleadings and a subpoena was served on plaintiff and FNMA and they denied they owned the original note and mortgage. In the original complaint the plaintiff claimed they held the original note and mortgage.
Question: Their case that disposed 5-15-12 is falling apart, but how do I respond
Hi Michael -
The plaintiff can amend WITHOUT LEAVE OF COURT (without permission) anytime before a responsive pleading/answer is filed.
Once an answer is filed, the only way a pleading can be amended is by filing a motion for leave to amend, which is what it appears the plaintiff has done. As you've probably read, leave to amend should be freely given unless it prejudices the other party.
In a case like this that has been going on for 5 plus years, amending it now could cause the litigation to string out further, causing you more money and longer delays.
Thus, your argument would have to be that allowing the plaintiff to amend this late in the game would be detrimental to you and would result in you having to expend much more time and money into this case.
I’m preparing the pleadings as discussed in the earlier question.
The plaintiff filed their complaint to foreclose May 2007. The plaintiff filed a new registered assignment for FNMA September 2013. They failed to state that FNMA held the note and mortgage in their complaint filed May 2007, interrogatories, pleadings, court order to compel deadline of May 2010, April 6,XXXXXgave them an enlargement of time during the 11-29-12 hearing, until January 7, 2013 to submit deficient discovery which would include a certified copy of the “Affidavit of Lost Note”. The plaintiff’s discovery submission was deficient and did not include a certified copy of the “Affidavit of Lost Note”or FNMA as a party or the note being assigned to FNMA. I subpoenaed FNMA 1-2011 and they stated they didn't own or held the note and refused to divulge that they had purchased the property because they claim the information was confidential. I discovered online that the property was purchased. one week after the closing November 1, 1994. I discovered that the note was securitized to FNMA mortgage backed securities without them forwarding the original documents to the mortgage pool within the 90 period. The note and mortgage matured 12-1-2001 with a "0" balance. On 9-11 I was informed by the legal department at FNMA that they purchased the property 11-1-94 and sold the property 10-2-02 to unknown investor, thought to be Freddie Mac. The law firm ( 4 attorneys) representing the plaintiff was cited in 2010 for withholding evidence and sanctioned 1.4 million by the US District Court. They have again withheld evidence for 5 plus years.
Question: Should the pleading include withholding of evidence?
You can include that as a count for fraud, and then outline the fraudulent actions of the party.
If the plaintiff files a eight page "Notice to Court" making wild, unsubstantiated scandalous claims and arguments, is that a pleading that requires a response under Indiana TR6(C )?
If the plaintiff files a twenty-three page "Notice to Court" making wild, unsubstantiated scandalous claims and arguments, is that a appropriate pleading in which the defendant is required to respond to under Indiana TR6(C )?
The plaintiff made scandalous claims that are redundant, and are an inappropriate use of the “Notice to Court.”
Notice Defined: “Information concerning a fact, actually communicated to a person by an authorized person, or actually derived by him from a proper source.” 215 F. 2d 415, 417.
 Barrons Law Dictionary; by Steven H. Gifis copyright, Barron’s EducationSeries,XXXXX Hauppauge, New York 11788
The drafter of this Notice sole intent of making these false claims is to harass defendant and influence the Court.
The Plaintiff made inappropriate use of the “Notice to Court.” A judge in Florida ruled that this dissbarred attorny as a vexitious litigant. The Plaintiff made incriminating and false accusations which include charges of serious federal criminal offenses which are prejudicial, and are not pertinent to his case and not an appropriate use of a “Notice to Court.” No charges were filed as stated in "Notice to Court." I have filed motion to strike the notice on 10-7-13 and but as requested by plaintiff in Notice to Court filed 9-16-13, on 10-12-13 I received a notice for bench trial for 2-14 without a written order and without written order removing my right for a jury trial in exchange for a bench trial before a bias judge that stuck my family in the jury box in January 2013, while he, unprovoked, used disparaging language towards me for a period of 15 mintues non-stop, with 4 plain clothe security sitting at the litigant tables. I took the "Notice to Court" to the county Deputy prosecutor and she stated the notice contained scandalist charges but nothing else.
The drafter of this Notice sole intent of making these false claims is to harass defendant and influence the Court. (Note: Judge had over 100 cases involving the Mortgage servicer which suggest he and other judges were covering -up this ponzi-scheme, securities, and tax fraud going back to 1994. I have never implied that this judge was involved.
Question: Can a suspended/disbarred attorney go forward with a trial set in 2-14 in a probate matter dismissed March 2007 for additional attorney fees (paid $4,400 and made pr do most of the work) while serving as attorney to assist unsupervised personal representative with his duties and the agreement read that the estate would be responsible for attorney fees in four places, and the caption still read ***** as personal representative of the Estate of **** after multiple judges informed the attorney he had to remove me from the caption as unsupervised personal representative. The attorney request for additional fees was paid $4,400 ( using the same Modus Operandi that got him suspended for eighteen months) were addressed 9-2007 by the probate court after I re-opened the estate in 9-2007 to address his request for addiitional attorney fees, in other words his case should had been subject to res judicata. The attorney refiled in another courtroom without the previous court's permission, and refused to amend the caption protion of his complaint filed 7-2007 after ordered by court. All of the assets of the estate were distributed to the sole heir 5-2006.The Court will not appoint an attorney to represent interest of decedent's Estate.
The court are saying he can go forward because he is pro se (It's actually the court's ballif (close friend) that scheduled the hearing, but the judge backs up everything they enter in the summary) the appeals court and the Supreme Court are equally****
If the Indiana Supreme Court justice stated in an appeal that I won, that this is an "estate case," shouldn't the estate be represented by counsel? He filed his claim on the estate past the statue of limitations. If the estate, has been closed since 3-07, and I'm no longer the unsupervised representative, and unable to pay for the legal fees whose responsible? The (Probate) statue say an estate must be represented by an attorney and the claimant is responsible for attorney fees. The attorney has claimed he’s indigent for 20 years, he and his wife, spends their entire career suing clients in 8-10 year battle to shke them down for settlement. They sue friends, family member, and anyone that testifies for the other parties.
Also one of the conditions that the attorney signed with the Disciplinary Commission was he was not to litigate any case until he is re-instated. The Commission stated to me in a letter, they were not going to hear any further complaints (6) because he had to make restitution to the multiple cases he lost before being re-instated ($90,000). Also he was suppose to inform all of the parties he was litigating and the courts that he was suspended, it was supposed to be listed in the Chronological Summary, but after more than 18 months its still not listed.
Question: We've exhausted all of our money litigating these ridulous cases. What happens if I file Chapter 7 Bankruptcy? Is that something that a pro se can do without issues?
Thank you, XXXXX XXXXX is suing me as unsupervised personal representative and me individually. He failed to amend his complaint as ordered by three judges who were trying to advise him in open court, to remove me as unsupervised personal representative from his complaint but he refused. The Notice of the bench trial read plaintiff's name vs. p.r. my name and my name individually. They redacted unsupervised personal representative my name. He was also the attorney that represented me with the same predatory lending dispute issues from 2003-2006 and now this huge ponzi-scheme cover-up and mortgage complaint case and withheld 20 hours of research on the predatory lending dispute I paid a paralegal now the county deputy prosecutor to do. He stated there was no research. He dictates to the judges (political) and the judges argue on his behalf (legal terrorism). I may be forced to file pro se- we called 5-6 attorneys to set an appointment to file Chapter 7 only for them to call back and cancel. The US Justice Dept with attached documents and local police has been notified. I'll will turn this over to the trustee and let them pursue a claim against the claimant, Court, and Court Administrator. We have no assets!
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