Hello-
This is my first post and first personal case that I have had to deal with.
Question:
I am well into a battle with Citimortgage...that has filed a complaint to foreclosure. I have been in court with them for over a year. They have had to file a amended compliant to wich I filed a motion to dismiss which was denied...this just bought me time to prepare the motion to dismiss based on overwhelming evidence that they have sold there rights of beneficial interest to foreclose to a Trust that has never been assigned in the county records. This was a very detailed motion based on a very good securitization audit.
They have not filed a motion in opposition as of yet. They have one more day tomorrow for me to receive anything from them or have it filed in the court with it post marked from last Friday.
When I was in court last time they gave me leave to file an Answer...but instead I filed another motion to dismiss...did I do something wrong??? is that why they didnt file a motion in opposition??
I have not had to speak much at all in the past...paperwork did all the speaking for me.
I am nervous and would really like to get this dismissed on Thursday.
Does anyone have any suggestions or advise for me at this point on what to expect or how to proceed.
Thanks in advance.
Kevin

Schedule it for a hearing. Are you saying the 30 days is up?

Tomorrow is my hearing at 9 am. They have not filed anything into the court ...like a motion of opposition.
Are they in default?
Do I win?
Thanks
Also...yes they had 21 days to file some type of answer and they didnt
* Last updated by: KEVIN4 on 6/18/2014 @ 6:35 PM *

Let me see if I understand this.
1. They filed a complaint
2. You filed a motion to dismiss
3. Your motion to dismiss was overruled
4. they filed an amended complaint
5. you filed a new motion to dismiss based solely off the changes in the amended complaint?

I believe that your second motion to dismiss can only address the modifications to the complaint.

Show up and have you research available.
I think the worst that can happen is that the Judge strikes down your motion and gives you 10 days to file an Answer.

Anyone else care to comment??

They filed a complaint
I filed an Answer and moved to dismiss
the complaint had errors in it.
He gave them leave to file a second amended complaint.
I filed a motion to dismiss which he struck.
He gave me leave to file a answer...
I was waiting for some info on an audit I was having done...when I received it I found that they did not have standing to bring the complaint.
So I filed another motion to dismiss based on that new info.
Should I have put it in an Answer form or am I ok with just another motion.
I find it odd that they did not file anything...i think I did something wrong.
Thanks very much for your time.

you wrote "He gave me leave to file a answer."
what was the due date he gave you in this leave order? This is absolute. If you wish to elongate this time for your dismissal motion you would have to ask for the Court to change it's order allowing you more time to answer. I believe this is right.
Now it looks like you didn't answer the amended complaint on time. If the Judge says that, you may have to request for an "out of time" answer. Be sure to have it on record. The circuit court has discretion here. I'm not sure how the Appellant would treat it if you go there.

Please post what happens tomorrow.

So what your say is they can and might rule against me?

What happened in you case Kevin 4. I am dealing with a foreclosure. They just served us and I have to file a motion or answer before July 18th. I am going to file lack of standing because we do have an audit and the assignments are not all complete. MERS is involved. My head is swimming with so much study and I have only filed 1 motion in my entire life. I want the case to go to federal court. I think lack of standing will bring me to lack of jurisdiction on subject matter if I am correct. Anyone have info.
* Last updated by: FREDA1 on 7/12/2014 @ 4:34 PM *

Hi Freda,
They gave me 21 days to file my answer.
No need to panic...you have time.
In regards to your case...all of these cases are very complex. The courts are leaning heavily in the Banks favor. But that will be changing with the more people who fight. Are you in a judicial state? It is very important the way you approach arguing your case. There are audits and then there are audits and people who can build a solid case with the information.
I can put you in touch with some people who can help...let me know.
Thanks

Kevin, i'd also be interested in receiving the contact info. Rec'd Notice of Hearing for 8/6th and really need help to stop all this.
Thanks,

i think people are arguing the wrong points.

1. what is there cause of action.do they meet the three elements of breach of contract.you dont have a contract with your account number.if there is no money exchanged from there corp to you,like a cashed check.what is there injury

2.the note has been converted into a stock certificate.a stock cant be a plaintiff.and i dont think state court. subject matter over securities.

My home had been foreclosed and I had filed an appeal since judge dismissed my casein Sate court. Now the bank filed motion to expunge my Lis Pende. Any thought or experience with regards to Bank's motion to expunge Lis Pendens.