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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Happened to land on this page. well here is my question: I

Customer Question

Hi, this is Amas. happened to land on this page. well here is my question: I am filing a complaint regarding wrongful foreclosure. I was not able to get any help. all attorneys want to take over the case and bring the argument of being vulnerable to lawsuits if they just have an advisory position. I am filing within the next ten days, but am quite overwhelmed with what action to take when. for now i have put together a summons and complaint to sue the banks involved. but then what? quiet title motion, preliminary injunction, declaratory judgment? and how to file it? so, if you are available to help here, I would appreciate it, Washington state, non-judicial foreclosure, trustee sale set for March
JA: Thanks. Can you give me any more details about your issue?
Customer: what do you want to know?
JA: OK got it. Last thing — Real Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
ok, lets get started. I am about to finish the complaint. involved are countrywide, MERS, Bank of America, Ocwen as the servicer until January 4, and a foreclosing truste (per recent assignment). I am aware of the bank fraud, that is why i stopped paying the monthly payments in 2011. i have been seeking a meeting (not interested in loan mods since they just add insult to injury) and was refused. now proof has been provided ever, besides the ;'usual' copies of deed and note, and all transaction history, a) loan distribution (but unknown who supplied it) and payment history, as alleged proof of the loan. just so that we are on the same page: I am not under water, i still have positive equity, even after adding all the missed payments, fees and interest.. I am willing for a compromise, but not via loan mod, rather via agreement. If i have to sell the house and split the proceeds, that is one option. However, my greatest concern is, that i make some mistakes in the court proceedings and the bank just gets it all once more. I would hate that to happen. My planned actions are: file suit with summons and complaint, request for admissions and quiet title motion (or preliminary injunction motion); here is were i get somewhat confused. I have decided to sue 'only' the two banks involved due to MERS being out of state, and the servicer and trustees just being affiliates to BoA. defendants 1-x Does, is also included in the complaint, assuming this would cover the trustees of the REMIC trust. I do have a securitization audit and affidavit, confirming that the loan was securitized. So much for now. A) can you help me? B) what do you need to know if yes.
Customer: replied 1 year ago.
Washington state has the limitation of 25 pages for pleadings (like motions). Does that include the Complaint? or can the complaint have more pages (without content list and quotes)?My complaint includes the following actions: Lack of standing, fraud in the concealment, unconscionable contract, breach of fiduciary duty, intentional infliction of emotional distress, slander of title, quiet title, declaratory relief,Let me know if you need any files.
The note got assigned three times - no dates. the deed of trust got assigned in 2011 (after i stopped paying the monthly payments) and again in 2014. both times to Bank of America, by MERS.The NOD claimed that i did not respond (as cause for proceeding with foreclosuree procedures) this is not true, I always responded within 30 days.I am starting with the request for admissions.I am hoping you will be able to help me with formulating the motion, either for quiet title, and/or declaratory judgment, or preliminary injunction to get to stop the foreclosure sale which is set for March 25.
(I plan on filing the summons and complaint on or before Feb. 12.) Which of the above mentioned motions can be filed ex parte to stop the foreclosure?
Expert:  N Cal Attorney replied 1 year ago.

I'm sorry I though this was a different question.

Customer: replied 1 year ago.
ok. just let me know how to get a refund, thanks.
Expert:  N Cal Attorney replied 1 year ago.

I will notify customer service.

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