First off, let me begin by stating I am NOT a professional write, nor am I a "Lawyer" so this is NOT to be considered "Legal Advice." Consider it Common Sense! I am not even that good with computers! What I AM though, is an Old Man who has been stepped on one (at least) too many times!
Another point I want to address up front is this: I do not care HOW or WHY You are in the same postion I am because it makes no difference: The "treatment" being dished out by the "Big Boys" negates all of that! If You would like to know my situation, You can visit my Website: www.whatsyourlifeworth2.info, But be warned, I am an ex-sailor
(meaning I swear on my site, with just cause, I might add!)!
All right, let me get to it: I have been foreclosed upon, served with a notice for immediate possession & tomorrow I have a Court appearance for eviction. Yesterday I went to the court house to look up my records and found a very interesting thing. The holder of my note is NOT the same as the mortgage company listed on the Court documents! Fidelity Bank HELD my note and are the ones listed in the court documents. The "Owner" in County Records is Federal National Mortgage Assoc. & has been since Oct 22, 2008.
The date my court appearance for tommorrow was filed is April 8, 2009. This means Fidelity Bank is suing Me under the "Summons in Forcible Entry and Unlawful Detainer" for a Property They SOLD & were PAID for by Fanny Mae almost Six Months ago! Also of extreme importance is that I have never been notified of this sale!
Now, in my limited "Legal" knowledge, this appears to be FRAUD on the part of Fidelity Bank because when You SELL something, You GIVE UP your rights to that Property! Imagine buying a car, for example & then getting sued by the Old Owner (twice removed), who has already been PAID for the car, because He/she feels like it! Think that would "fly"?
My strategy for Court is simply this: I will claim this suit is invalid as written & unenforcible because Fidelity Bank has no legal claim to the Property. Also, I will note this suit is a Fraudulent attempt by Fidelity Bank to get possession ILLEGALLY of said Property. I fully expect Fidelity Bank to then claim they are acting FOR Fanny Mae & I will respond that IF that were true, then the Suit should have reflected that inthe stated 'Plaintiff' portion of the Suit which I believe is further proof of illegal activity on Fidelity's part. This Fraud is not just targetted towards me but also the Court! Hopefully, the Court will agree with me & IF it does, I have excellent grounds to SUE Fidelity Bank! Maybe I'll save my home anyways!
Please, do not get me wrong, Today I showed up at the Court House for my court date for tomorrow! That's how nervous I am about all this! The point I want you all to understand is simply this: Do NOT give Up! It only took five minutes to check the records! That is time well spent to save your home or at least TRY to save it! With the Governments' Bailouts going to the ones responsible for our economic demise instead of helping homeowners, it only makes sense to fight back anyway you can and I believe there are many more People who will find this same situation with the Government buying "toxic" assets.
One last thing to think about. Even IF you have already gone through this & been evicted, I highly reccommend you still check this out because Fraud is a CRIME & there are statutes of limitations so it might not be too late to take action! (I would LOVE to see those Bastards BUY Homes for those like me whom They have trampled on!)