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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19664
Experience:  B.A.; M.B.A.; J.D.
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If in a foreclosure the bank filed notice of filing original

Customer Question

if in a foreclosure the bank filed notice of filing original docs and those docs don't match the amended complaint...note in only one name in the original filing then amended complaint has not in both names with docs from 2009 when note executed in 2006.....would that be considered fraud?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: florida....bank got final summary judgment based on these docs.....was not notified of hearing although they said they mailed it....found out the day before went and judgment was granted
JA: Has anything been filed or reported?
Customer: got motion for rehearing but want to file suit to stop sale if possible
JA: Anything else you want the lawyer to know before I connect you?
Customer: would love to retain one but every lawyer I speak with wants like 5k or more
Submitted: 2 months ago.
Category: Legal
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

I am sorry to read about your difficulties.

Your Question:

would that be considered fraud?

Response: Yes. The Summary Judgment should not have been granted based on the disputed documents. However, the only certain way you can stop this foreclosure sale would be to file for Chapter 13 bankruptcy protection. You can file the papers yourself using the Court's pro se clinic. This clinic has volunteer Attorneys who help debtors that do not have Attorneys. Click here for more information on Chapter 13. Click here to locate your bankruptcy Court. Click here for bankruptcy forms.

Best wishes,