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Topic: WHO is the plaintiff

Created on: 10/07/16 12:20 PM

Replies: 1

RICHARD26


Joined: 02/26/15

Posts: 12

WHO is the plaintiff
10/07/16 12:20 PM

I am being sued by US BANK TRUST NA as TRUSTEE for LSF8 Master Participation Trust. I contacted US BANK over a year ago and received a letter that says US BANK has nothing to do with the foreclosure. That it is the Servicer, Caliber Home Loans who is 'doing the suing'. US bank also sent with the letter a brochure that says US Bank as a trustee cannot foreclose because they do not own the note and most of the time they (US bank) have no knowledge of the foreclosure. If this is true and us bank is not being deceitful, is it possible to get the case dismissed due to wrong Plaintiff? Also, I would like to make a big stink of this to the court/judge. What would be the way to go about this? (In REM, Equity).

RICHARD26

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: WHO is the plaintiff
10/08/16 6:10 AM

Always remember and never forget, "What someone 'says' on the phone isn't worth the paper it isn't written on!" Same with an informal letter. Proof is in the court, and one obtains proof through the process of discovery as explained in the course. When one is sued for foreclosure, the very FIRST thing he or she should do is serve the plaintiff with REQUEST FOR PRODUCTION and INTERROGATORIES seeking facts by which the plaintiff intends to support its claim. This forces them to show whether or not they "own and possess" the mortgage AND the promissory note. Without they cannot prevail, and their case should be dismissed by MOTION TO DISMISS FOR LACK OF STANDING. Do things as my course teaches. That's why I've worked hard since 1997 to provide it for you and others who will be destroyed if you do not do things as the course teaches.

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