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Old 02-01-2008, 02:43 PM
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Join Date: Aug 2005
Posts: 63

Foreclosure Summons Error


What is the name of your state? NY
After me and my mother were served with a foreclosure summons in different states (NJ/PA) ,we noticed that we were not served identical or complete complaints. My mother who took out the mortgage for me to buy this vacant investment property ( purchased and continues to be vacant) in upstate NY , she was served 14 pages including expressed complaints on our default. However, I was just served 2 pages which consisted of a "Notice of foreclosure" defendants and plaintiff,court, attorney info. Thats it.

While reviewing my mothers copies I noticed they're naming me as a co-signor of the note and as a mortgagor , both statements being erroneous. I never got aloan for this property since I was unemployed at the time and with unfavorable credit . Furthermore, I am no where on the HUD statement (all loan signors must be on the HUD), I m was never on any other loan docs or correspondence received from the bank, ie: 1098 stmt, mtg stmt,etc. However I just noticed after checking the closing loan docs that I am listed on the mortgage. I never noticed this before. I was always told by the bank whenever I called in to make a phone payment that due to Privacy laws they couldnt accept my payment,confirm or provide loan info because I was not on the loan. I had to fax a loan authorization to speak to cust serv.

This loan was suddenly being reported last year and I disputed it and was deleted and the bank did acknowledge it was an error.
I do want to save this home and accept a repayment agreement but need time to delay so Im able to collect the funds needed to satisfy the repayment plan.

Does anyone know if this error on the bank can assist me by delaying the hearing while the bank tries to proves that Im on the note/mortgage. I need about a month to come up with the required funds.
By the way , I cant afford an attorney, much less in my situation so I will have to go "pro se".
Please advice and thank in advance.What is the name of your state?What is the name of your state?
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