Flooding from Hurricane Sandy substantially damaged my home. Local township denied my permits to repair home until I raised home above flood level. Engineers reports and informal letters from house raising contractors
denotes home is not a candidate to safely raise. Mortgage
company would not let me tear down hose to rebuild (only option).
After 18 months of getting run around I stopped paying and bought another home. Mortgage company filed for foreclosure. I, Pro se, Answered with affirmative defenses and counter claims and third party claims. I demanded a jury trial. Summoned and filed motions of default on third parties.
Mortgage company offered consent judgment with waiver of deficiency of all monies owed after sheriff's sale. I took it as I was staying up late into night writing motions and finding case law. I was not very present to my family. I received a final order or foreclosure stating sum due. Sum is in a range my accountant can mostly write off mortgage relief act is not in effect when this complete.
Here is the situation and question now. The mortgage company sold the loan after the final order of foreclosure. The new mortgage company is telling me they did not know any thing about this. I sent them copies of the legal documents. the new mortgage company said they would have to honor the the deficiency waiver but they would need to start a new foreclosure case.
I want to tell them to go pound salt. Their cause of action is against the prior servicer and that if they do file another foreclosure suit I would raise claim preclusion as an affirmative defence and next immediately file a motion of summary judgement on those grounds. IS this a sound plan?
Second question since there is an order of final foreclosure can i demand the new servicer not report the loan as active and continuing to miss recurring payments?