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FORECLOSURE IN NJ: Mortgage company filed foreclosure

FORECLOSURE IN NJ: Mortgage company filed...
FORECLOSURE IN NJ:
Mortgage company filed foreclosure complaint. Documents were never served and was unaware of the filing until I received Final Judgement, via USPS certified mail. I immediately filed a motion requesting an extension to answer the foreclosure complaint.
The Plaintiffs Legal Council would not agree to the extension so the court denied request.
I obtained a copy of the foreclosure. There was a sworn affidavit from a 3rd party service, hired by the Plaintiff, that states that their representative, who signed the affidavit, served the documents to my wife, Regina, also co Defendant, on 10/13/17 at 3:07pm.
(Foreclosure document states the documents were served on 10/12/18.)
Regina denies this happened and I have no reason to believe the affidavit has any truth. They have no signature from Regina, nor any reference or info stating any reason why she refused to sign. He provides a description of the individual (Regina) that he claims to have given the document to, which is vague, generic, and inaccurate. Also, on the date and time he claims the documents were served, Regina, who is a hair stylist, was not home, and doing hair and makeup for a Bride and Bridesmaid for a wedding. Also, the Fair Foreclosure Act specifies that a foreclose Complaint needs to be sent to the Defendant via certified, return receipt, mail, which was not done.[ The Plaintiff is claiming that I ignored the foreclosure filing until I received the final judgement. I believe it is important and relevant to inform you that I submitted 5 separate HAMP applications from the point in which I was still current through 2017. I was continually denied for incorrect info (info different then what I submitted), false claims of missing documents, then told I needed to resubmit all documents. Would a person that has been relentless fighting for a HAMP modification, vowing to not give up, all of a sudden ignore a foreclosure complaint?]RE FORECLOSURE FILLING:
*Plaintiff does not possess the original note or certified copy, or any information regarding the original servicer or investor. They claim the original note was never filed with the court. The original mortgage was taken out in 1995. *They have no records of any mortgage servicers until 2006.
*They claim there was a Loan Modification in 2012, explain that but to a clerical error at that time, the information was never reported.
*The Chain of servicers and dates are inaccurate. They claim the servicers the list were obtained from MERS. I did a MERS search and it currently has no information pertaining to servicers of the mortgage.I believe and would argue, the foreclosure documents were not served in a effort to prevent a defense due to there inability to provide the documents necessary to foreclose. And also take advantage of a pro se Defendants that is unable to afford the services of a Attorney.I know this is a lot of information for what may be a simple question but I thought it was important that I didn’t leave out any information that may be important for you to respond.A Sheriff Sale was scheduled for 4/4/18 and I submitted my 1st request for a 2 week adjournment.
What is your advice?
1.)Should I re-file a motion to vacate judgement?
2.)Should I revisit my motion for a extension to file a answer, even with the Plaintiff not agreeing?
3.)Should I include my argument pertaining to the improper servicing of foreclosure documents? Also, pointing out my theory that their lack of evidence ( without getting into any of the particulars of my foreclosure defense) caused them to intentionally attempt to get around properly serving documents?
*Adding to that idea the argument of them not agreeing to a extension to file a answer, to prevent a defense?I can’t imagine a justice system would allow my right to defend the foreclosure be taken away based on a affidavit signed by a employee of the Plaintiff, without allowing me to be heard?Thank you in advance for your patience and hope you can provide advise and/or a solution.
Thank you, ***** ******At this point I will find a way to obtain a Attorney. Due to time constraints, I would like to get this resolved if possible.
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Answered in 36 minutes by:
3/27/2018
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,074
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

You said the Judge agreed with the Plaintiff not to extend the time to answer. Did the Judge write a decision or order to that effect?

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Customer reply replied 3 months ago
Give me one minute I need to review the document.
Actually before I do that, they didn’t postpone the Sheriff Sale, so would that mean the judge did not take action?

You said the Judge denied your motion. That would mean that the sale would move forward pending any stay from the court.

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Customer reply replied 3 months ago
I’m sorry, The Defendants Attorney sent a letter to the court, copied to me responding to my motion. It dies say the motion has not been returned and they give their defense to the motion, which I describe in the 2nd and 3rd paragraph of my question to you.
With My motion requesting the extension I needed to file a motion to vacate, which I did, it was received but not filed because I sent the incorrect fee. I guess I need to resend the motion to vacate with the fee. Also, when I filed the 1st motion to vacate ( the one just mentioned) it didn’t have the foreclosure documents to review. Now that I do have the documents, in the motion to vacate should I include the information regarding the servicing of the documents?
I am assuming the new Sheriff Sale date would be pushed back to 4/18.
The problem I have been facing is my inability to get updates an the case, as a non-Attorney.

You can include all relevant information in the motion to vacate, including any new information you have in your possession now.

Also, if there is a sale pending, there could be a possibility to stay the sale through a motion. There could be a possibility to do both motions together.

Here is a link to information on doing a Notice of Motion to stay a sheriff's sale, which could be applicable.

https://www.njcourts.gov/forms/11277_fm_nom_sheriffstay_salepacket.pdf

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 3 months ago
1.) Question. Just do I am clear. In the motion to vacate, Should I only include the information I have on regarding the servicing?
Should I include any information that I mentioned regarding the lack of documentation to foreclose in either motion?
My reason for that question is : Do I want them to know that I am aware of their lack of documentation at this point? Or is that part of my Motion for stay of Sheriff Sale?
If the stay of Sheriff Sale is granted, is the Sale put off until the Plantiff is able to obtain the required document to foreclose?
BTW: My Mortgage is a Mortgages purchased by Goldman Sach’s subsidiary, MTGLQ.
Thank you. I greatly appreciate your assistance.

You are welcome. You would want to assert the lack of proper service as well as the lack of documentation. You must show what is called a meritorious defense (meaning your defense has merit).

A stay if granted postpones a sale. Usually a stay of the sale occurs if the defendant/owner can has money to pay off the amount due.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards

DamienJD
DamienJD, Attorney
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