I was originally on the lawsuit with my mom so why can I not respond as an owner or can I.
Yes, you can respond, and if you haven't filed a formal answer denying the complaint, you are in a position to have a default judgment taken. Keep in mind that when the foreclosure was filed, you, not your mom owned the home.
If the loan was never established correctly how can they have standing to take the house with a summary judgement?
What do you mean by "...never established correctly"...?
That's why I am waiting on the securitization.
The securitization defenses are conjured up by some very creative lawyers. They generally succeed in stalling the inevitable foreclosure. But in 99% of the cases, the documents get produced and the courts find against the homeowners.
Also did they record the Lis Pendens.
This is a completely bogus defense. The LP has nothing to do with the validity of a loan. It is merely notice to the public that a lawsuit involving title to property is pending. It is to protect people from buying real estate where title is being contested. Nothing more.
Why as the home owner exactly do I have NO defenses. Aren't these valid reasons?
You took title subject to the mortgage and note. There aren't many defenses to a suit on a note. The most successful on is payment. All that Freddie has to show is that their mortgage was of record prior to your deed and that the note is in default. That will be the basis of their motion for summary judgment. Your only defense to that is to show that the note has in fact been paid which would require a trial on that issue. You can't allege that, so summary judgment will be entered against you foreclosing the mortgage, ordering sale etc... The "defenses" you've mentioned are designed to stall, not to win. What you need to do tomorrow is call the clerk of the court and ask if you are listed as a defendant in the case.
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