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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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16 days after loan origination my loan was assigned to

Customer Question

16 days after loan origination my loan was assigned to another entity who on the same day using the same staff taking on different titles at different companies assigned the note and mortgage to Freddie Mac.
Then 2 years later again transfered the title to a third party. There exists no PSA from Freddie Mac and any of these entities. The Freddie Mac assignment has never been recorded.
A few years after that, I filed chapter 7 and the debt was never reaffirmed.
A 2008 action to foreclose was filed against my wife and myself along with John Doe. When a final judgement was issued in 2008 the John Doe action was halted. In 2009 the Plaintiff discovered the failure of reaffirmation. The case was on hold for several years and in 2011 the Lis Pendens expired. In 2013 I put in a late answer and lost. Several times a sale was scheduled and cancelled. Can the 6513 stop the latest action of an impending sale? Or the fact of tainted title. Or the attempting to collect a discharged debt?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Customer: replied 1 month ago.
What are your questions?
Expert:  Damien Bosco replied 1 month ago.

Hi Michael: There is no clear cut answer to your questions although all of the points you ask about are potential possibilities. In other words, there could be a chance, but it may be difficult in the making. Generally, a person aggrieved by a notice of pendency may, upon motion, seek to have the notice cancelled if, among other reasons, service of summons has not been completed within the statutory time prescription, the action has been settled, discontinued or abated or the plaintiff has not commenced or prosecuted the action in good faith (CPLR §6514(a), (b)).

It would seem that a motion to vacate the judgment in 2013 may be the next procedural step along with some restraining order. A thorough review of the previous proceeding may even bring up other potential possibilities.

We can discuss more if you would like to do so.

Customer: replied 1 month ago.
The 2013 action was followed by a motion to reargue by the attorney, yet my affidavit was to reargue, renew, reconcider, or rehear. We lost that. Then appealed and lost because the Appellate viewed it as a motion to reargue which is not appealable. This is a NY case.The judgement was issued as a default back in 2008. The law firm at the time was Baum. Through a foreclosure workshop I discovered Freddie Mac owned the loan. We arranged a forbearence period and in 2009 during workout paperwork the lack of reaffirmation was discovered. Then every thing remained on hold till December 2012. In January 2013 is when I hired a lawyer. He never did discovery and missed critical facts. That is fundamentally the cause for losing the action.The appeal was decided the February and a sale scheduled for April followed. The night before it was canceled without cause. I realized the clouded title prevented me from doing a shot sale to a friendly investor. I sought a records request in June and they sent me only some. I then in a letter faxed a more detailed request, then after 30 days sent it as an email attachment. Then after another 30 days after receiving a notice of sale instead of a response I sent a cease and desist under the 6513 guidlines.
Expert:  Damien Bosco replied 1 month ago.

You mention many issues and facts. First, you had an attorney and an appeal. It appears that the current issue is that you are attempting to cease and desist under 6513 as you set forth. It is unclear whether there was a response to your cease and desist. Even so, whether to bring an action would appear to relate to the previous action or relate to the previous court orders. In other words, the motion would appear to be made in the previous proceeding.

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