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The defendants filed to remove the suit from state court to

federal court, will we have...
The defendants filed to remove the suit from state court to federal court, will we have to pay again if it goes to federal court to refile there?
The defendants did an extensive search for Americorp Funding in CA with no luck (they were my first bank and my defendant that I could not get ahold of) So, they are just not defendants any more?
Should I motion for pro bono help now, or wait till it is actually accepted in federal court?
Do I need to answer anything at this point, it doesn't say so anywhere?
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Answered in 1 day by:
3/5/2011
Jane Doe Deer
Category: Real Estate Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale
Verified

Jane Doe Deer :

If the D's moved to remove the case, there must be a hearing first, in most cases. If you want to oppose that motion, you must do it in writing.

Jane Doe Deer :

If it's removed then the D's will have to take care of any filing fees, and transferring the file, to federal court.

Jane Doe Deer :

You can get pro bono help through some county bar associations. You are not entitled to free legal assistance for civil cases.

Jane Doe Deer :

May I be of any further help?

Customer:

They called me and asked for more time and I said no, but just told me they were moving it.

Customer:

There was no hearing and I haven't received anything from the court confirming anything. They sent corporate disclosure statements to the district court under a new civil number, so I am assuming it is now moved to district court.

Customer:

So, the court doesn't send me anything saying that they have changed to that court? The lawyers have now asked for a time extention to April 11.

Customer:

As far as being appointed an attorney, isn't fraud a criminal offense? My husband is illiterate, so I am the only one doing this. I guess it has a civil number, so it is civil. I think all the illegal things they did makes it criminal.

Customer:

Thank you for your time.

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This is the first time that you have mentioned fraud in this question. Please remember that the only way I can know anything that you know is if you tell me.

 

If you think fraud is a factor, you should file a criminal complaint, either with law enforcement or directly with a prosecutor.

 

I'm not sure what it is that you are asking me at this point. Could you please clarify how I can help you?

 

Thanks so much,

 

Jane

 

PS I have not read through any of your previous questions. If that would help me answer this question, please let me know I should read them.

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Customer reply replied 6 years ago

Is there any way I can send you a copy of my complaint? My e-mail is [email protected]. If you send me an e-mail I could send it to you. It is rather long to try to explain it all here.

I have multiple TILA, RESPA, fraud claims with proof.

I don't know if that is acceptable or not, if not I will try to explain here.

No, I'm afraid not, and I couldn't read it anyway, because if I read through a specific legal document I'd be giving you legal advice, and, as you know, I can't do that here.

 

I wouldn't expect the federal court to have sent you anything. It sounds as though you received notice and copies from the defendants.

 

Here is my concern. I am afraid that the Ds will file a summary judgment motion, asking that the case be dismissed. You would have to defend against this, a hard thing to do without an attorney. You'll need to convice the judge that the facts and law are on YOUR side.

 

I don't understand your question about the defendants. Ds would stop being defendants for only one of two reasons. Either you have to dismiss a D from a lawsuit, or a judge has to.

 

So, if you sued three Ds in state court, and the case is transferred to federal court, there will still be three Ds when the case is transferred.

 

If there is a lot of money involved in the case, you may be able to have a trial attorney take over for you, for a commission. You can find such attorneys through this org:

 

http://www.oregontriallawyers.org/

 

Don't actually HIRE an attorney without first checking references. And don't try to pick the attorney's brain on the phone. Schedule an appointment and visit the office, like you would for a doctor!

 

I'm not sure how I can be of further help to you.

 

My best,

 

Jane

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Customer reply replied 6 years ago

Thank you. I will see if I can find someone, but it seems that Oregon is lacking in lawyers with knowledge of foreclosure crimes. I didn't know there was a way to check lawyer references, how would I do that? I am going to that site you sent now.

 

As the defendants go, the very first financial institution was convicted (although no jail time was given and the owners can still process loans) of bank fraud for turning in false mortgages for money to big banks. That was in 2007, Americorp Funding. Both us and the defendants have tried to serve them with no luck. But they are still on there. I don't see a way of serving them, so they may be dropped by the court.

 

The banks and their foreclosure lawyer both had dealings in fraudulent signings of transfer and other paperwork. The same gal signed papers as vice pres of Capital One and also vice pres of MERS within a two month period. Statements were sworn in person in front of a notary who said there was a seal proving who the person was (there was no seal), another one was sworn in front of a notary stating that the man in front of her was a woman. Paperwork was not filed as required in the records in Linn county. I have checked with SEC on the certificates that were supposedly transferred and they can't even find them. Just a lot of stuff like that, the more I look, the more I find.

Checking references is the same as if you were checking, say, painting contractors. You'd ask for the names/numbers of three references, and call them. I'd ask questions such as "does the attorney have invoices that are understandable?" "Return phone calls?" Succeed? And make sure that any contract you sign is fully understandable to you.

 

Given the complexity of your situation, I'd personally be inclined to first try the large firms in Portland. Larger firms have many attorneys, all with different types of knowledge; they also have a lot of resources. If you don't want to drive all the way there, ask to make a phone appointment instead of an in-person appointment. If it's a firm that charges for the initial visit, you can arrange to do that in advance by check or credit card, but many attorneys will give a free half hour consultation.

 

It would help if you would write out a chronology - just dates and one-sentence descriptions, by chronological order. This will help people who are not close to the case to understand what is going on.

 

Have you looked into a consumer protection complaint with either the state and/or the feds? It may be too late now (because your matter is already in court) but it never hurts to ask.

 

The state office is here: http://www.doj.state.or.us/help/explain_consumer_complaint.shtml

 

There is also a state office that regulates the banking industry, but you're probably well aware of that by now.

 

I'm not sure how else I can help you. I'm not a foreclosure expert by any means.

 

Please let me know if you would like me to opt out.

 

My best,

 

Jane

 

 

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Customer reply replied 6 years ago

I have contacted the DOJ and they were looking into it until I actually filed in court, then they dropped it. They never did send me anything all the time they were 'looking into it' saying that they were going to do anything. I also contacted the OCC, they wrote the banks a letter and they answered denying everything and they said 'I guess it is settled then', so they didn't do anything either. I did recently send the OCC a copy of the complaint I filed, but haven't heard back from them since then.

 

I originally contacted the bar and seen an attorney who showed me what laws to use and to cite all the evidence I could, so I did that. I called a bunch more, but none would do anything without thousands of dollars up front. I even filled out the low income papers for the bar for help, but my income was too low to quialify for low income. Amazing. So, I am learning years of law school in months and I must say it is overwhelming at times. I just hope all the evidence speaks for itself and cannot be dismissed.

 

I also contacted legal aid in Linn county, but they had no one who did any foreclosure cases and said they could not cross county lines to get help from Eugene. Since the case is now in district court in Eugene, can I contact the Eugene legal aid for help, or is that still considered stepping on Linn county's toes?

 

Thank you for all your help. I really appreciate it.

I didn't realize when I started that there is no one willing to help on a commission basis.

Oh, don't worry about stepping on anyone's toes! Very few attorneys volunteer regularly, I'm afraid, and no one will care from which county bar association you seek help.

 

You may be able to find a clinic where you can go in every week for half an hour, or maybe once a month.

 

Here's another thought. You may be able to get a little bit of help from your state senator and representatives. Just contact the ones who represent the district in which you live now. They may be interested in how much or little help you received from the Consumer Protection office, for one thing. They're not going to represent you in court, but they may have some more ideas that will help you along the way.

 

And finally, I got the impression from what you've written that you've had trouble serving an important defendant. Did you use a professional service of process company in your efforts to complete the service? The larger companies have tools at their disposal to track down people who were part of even now bankrupt companies. In other words, they may be able to track down and serve the former CEO of a company, even if they could no longer find a business.

 

My best,

 

Jane

 

PS Turning into a sunny day all of a sudden here in Western WA. I hope your weather is as nice!

Jane Doe Deer
Category: Real Estate Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale
Verified
Jane Doe Deer and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 6 years ago

Our weather is nice, about time LOL

 

When the D's attorneys moved the case they said they tried to find them in all sorts of ways and came up with a dead end. Should I believe that they exhausted all thier options to find them? I think it would have been in their best interest to find them since they started the whole thing. Should I get copies of the conviction against them (Americorp Funding) for evidence of their wrong doing in the beginning, to prove that maybe there never was any securities? If they frauded the banks into thinking there was a loan like they were convicted of, there could be no foreclosure and all the documents they falsly filed to prove there was would be fraud.

They said they searched LexisNexis Accurint business records regarding AF. Called 16 phone numbers, CA sec of state website (which I also did), emailing a partner bounced back, and did a PACER search to no avail.

 

I will call the Eugene legal aid and my legislators to see what else can be done.

 

Thanks a lot, you've been terrific.

Ask if they did an Accurint search (that may be what they were talking about in regards XXXXX XXXXX Lexis/Nexis search).

 

Provide any and all evidence that you can find, including anything that is even remotely relevant. Unless the defedants move to strike the evidence, AND the judge agrees, no amount of evidence is too little. So, a big YES on obtaining the conviction info, which you should be able to do from the court of record and/or prosecutor's office that prosecuted (expect to pay a modest charge per page).

May I be of any further help? It's raining here, so I'll be at the computer most of the day. Thanks for already accepting!

Jane Doe Deer
Category: Real Estate Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale
Verified
Jane Doe Deer and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

Hi, I'm back again LOL

I was just wondering, I filed my suit against 4 banks and the attorney/trustee that did the foreclosure on January 31. The trustee's law firm sent me and the court a letter back dated Feb. 2, it says:

Re: Us v them, et al.

Linn county circuit court case no. xxxxxx

Dear Mr and Mrs. Us

Pursuant to ORCP 69(A)(1), I am writing to advise that I intend to appear in this action on behalf of (the attny I sued). Please do not take a default without giving me 10 days prior written notice.

Signed, the law firm, lawyer

 

They have never filed anything else with the court. I thought they had to do an official answer within 30 days. The attorneys from the banks contacted them and got their ok to move the suit to district court and those attorneys motioned and got an extension till 4/11. Am I supposed to do anything with this, or do they now have till 4/11 also to answer the suit?

Thanks

 

Customer reply replied 6 years ago

I am repeating the question because I never got an answer the first time. Maybe a glitch in the system.

 

Hi, I'm back again LOL

I was just wondering, I filed my suit against 4 banks and the attorney/trustee that did the foreclosure on January 31. The trustee's law firm sent me and the court a letter back dated Feb. 2, it says:

Re: Us v them, et al.

Linn county circuit court case no. xxxxxx

Dear Mr and Mrs. Us

Pursuant to ORCP 69(A)(1), I am writing to advise that I intend to appear in this action on behalf of (the attny I sued). Please do not take a default without giving me 10 days prior written notice.

Signed, the law firm, lawyer

 

They have never filed anything else with the court. I thought they had to do an official answer within 30 days. The attorneys from the banks contacted them and got their ok to move the suit to district court and those attorneys motioned and got an extension till 4/11. Am I supposed to do anything with this, or do they now have till 4/11 also to answer the suit?

Thanks

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Jane Doe Deer
Jane Doe Deer
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Category: Real Estate Law
Satisfied Customers: 3,896
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Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale

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