Misleading the courts with mortgage assignments

[Murphybd]

Pennsylvania


B of NY Mellon has a lawyer group file a foreclosure complaint against me. In the Complaint the lawyers attach the original Countrywide mortgage file in Jan., 2007. The house was purchased in May 2006. Now recently Feb., 2012. BofA filed a assignment of Mortgage to BofNY Mellon ..... CWABS 2006.
In the foreclosure complaint the Lawyer group quoted 'word for word' from the Feb., 2012 assignment and stated this assignment was in the original Jan., 2007 Mortgage filed at the local county clerk offfice. I understand sometimes mistakes happen but quoting an assignment 'word for word' and the fact that foreclosure is there main practice and the falsely entering the assignment is the only way the case can have a chance, makes it an obvious they mislead the courts. What is the best choice of action against them? Should I notify Bar association? Is this something for Attorney General? Or should I wait I have proof from my own case and use it to SUE them?

 

[menchari]

This is something most would recomend getting help for. Most states and even many counties in the US have set up agencies or other services to assist those peoplw who are facing a foreclosure.
You would need to provide some more info such as was there a judgement on the foreclosure already.
Also there is generaly a time period to correct any "mistakes" if they didn't correct it in time it could be used to dismiss the claim. Of course you could be brought into court yet again down the road.


For going after the lawyer you would have to establish that they "knowingly" did so or they would win out due to it being a mistake as opposed to intentional.


On a sidenote you may want to look up if you can or have been a member of any of the class action lawsuits involving Countrywide. There was a large 2010 FTC case against them for example.

 

[Murphybd]

Appoligizies I must not of been clear in my original post. I have already responded to the foreclosure complaint. I have replied to each and every complaint they claimed against me and I have counter sued for a motion to dismissed ... citing the the fact they purposely misled the courts by adledging they obtained an assignment when the mortgage ('exhibit A') they filed did not even mention their company. I have also asked the courts to dismiss their claim because I have already mailed to all parties a Qualified Written Request to all parties envolved. I then asked the courts for a quiet title if they cannot prove their legal standing. The assignment they did not submit with their Foreclosure was just submitted to county clerk and was part of a Countrywide CWABS (CountryWide Assess Back Sercuritizes) that was closed and sold in January 2007. the fact it was 2007 Security makes it void if they try to assign it now. Thats why they had to leave it out of the foreclosure. The fact the wording they used was word for word from this Feb., 2012 assignment shows they obtained the exact information from it. Now without that assignment, in which THEY are saying 'heres our proof we own the mortgage' they have no standing against me. They just stated in their foreclosure complaint that the assignment they just submited in 2012 at the clerk office was in the original 2007 mortgage filing.
My question is should I even bother taking any action against the lawyers. It is very obvious they was hoping to 'pull a fast one'. I feel confident they are not going to just have their way and take my home. As for the Countrywide class action suit .... I am aware of it and it is for homeowners that already lost their homes due to actions such as this.