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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36955
Experience:  Texas Attorney for 30 years dealing in real estate
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Ray I going to file a complaint and appeal against the judge

Customer Question

Ray
I going to file a complaint and appeal against the judge that denied my motion to re-instate the automatic stay. Who are the parties in this ?
Also the counsel's law firms claiming to represent Chase and defunct EMC Mortgage LLC failed to respond within 30 days to my written request sent September 21, 2016 that they validate the debt.
Submitted: 18 days ago.
Category: Real Estate Law
Expert:  Ray replied 18 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 18 days ago.

You are appealing the order here, you are the appellant and the lender is the appellee . The judge made the decision you are appealing but the lender here is the other party to the appeal.The style would be ..

Your name, Appellant

vs.

Lender Name, Appellee

I appreciate the chance to help you today.I wish you good luck with all of this.

Customer: replied 9 days ago.
Ray
Yesterday 11-23-16, I called Chase, Customer Assistance Specialist from the number placed in the correspondence dated January 8, 2015 stating that Chase gave us a modification on our home, the maturity date had been extended until March 1, 2045 and balloon payment maturity date was extended for 520 months and that we didn't have to do anything to receive it.
On November 23, 2016 I called Chase Customer Assistant Specialist and she confirmed the letter was legitimate and that Chase modified the appellants mortgage extended the appellants maturity date to March 1, 2045 and balloon payment maturity date for 520 months after it matures March 1, 2045 . (previous maturity March 1, 2023) came as a result of the Independent foreclosure review settlement of over 1 billion dollars to homeowners victimized by the mortgage lenders in which we were parties, opted out, and consent order signed by EMC Mortgage Corporation and Chase Bank April 1, 2011. The Chase Customer Assistance Specialist also concurred that Chase cannot validate the debt and that they in deed agreed to cease and desist from further efforts to collect on the debt including litigation that was stated in another letter from Chase dated January 8, 2016. The Customer Assistance Specialist informed us that the allege counsel representing Chase’s interest will be contacted and further litigation and actions would cease within twenty-four hours. It didn’t occur to me until I got off the telephone that Chase would be closed because of Thanksgiving probably Thursday, November 24, 2016 and Friday November 25, 2016.
I got a bad feeling so I tried to look at the Chronological Summary Report (“CSC”) online for the trial court and summary judgment to see if there was any new entries. The Indiana Court of Appeals gave us an extension or until December 28, 2016 to file brief. The brief for the appeal for Motion for Sanctions in Bankruptcy Court is due on the November 28, 2016 is almost complete.
When I place my and my wife’s name into mycase.in.gov nothing came up. I had to use just my last name and go through all the last names matching mine., and eleven ranked pages later I found our case in the trial court CSC. There was a new entry on 11-10-16 a “Praecipe for Order of Sale” and on 11-9-16 there was an appearance filed for bogus EMC Mortgage LLC Successor by Merger to EMC Mortgage Corporation. We have not been served notice and there seems to be a conspiracy to sell the home without notice.
Is there a way to stop them, like TRO or Mandamus, Emergency Stay? how much time do I have to respond? It looks like the Indiana Court of Appeals while making me a friend of the courts, ordered me to submit a multiple status reports the last on November 16, 2016 concerning the matters occurring in Bankruptcy Court was apparently just a ruse. I submitted the status report that included almost 300 exhibits, affidavits, and update.If the courts are open on Friday 11-25-16 I probably need to file something?I’m sorry I had to ask these questions today. I pray that you and your family have a great Thanksgiving!
God Bless you and your family!
Expert:  Ray replied 9 days ago.

You could file such a request with the court that has the praecipe for order of sale. You would argue that the sale shoudl be stopped because they granted refinance.You may also want to contact the lawyer here as well.Show them the refinance documents.

I appreciate the follow up.

Happy Thanksgiving.

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