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Old 04-28-2008, 08:45 PM
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Wrongful Foreclosure Action


What is the name of your state? Arizona

Countrywide is trying to FC in my house.

They couldn't proof they are the owners of the original note. They dont have either a legal proof of assignment.

I wanto to file a Wrongful Foreclosure Action in Superior Court; but is this possible doing it as a pro se litigant? Or it needs the signature of a licensed attorney?

I understand a WFA must be filed with a lis pendens. Is that correct?

Is that possible to rent a property that is into a WFA?

Thanks
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Old 04-28-2008, 09:12 PM
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You can file on your own. But, this proof of right claim is pretty specialized. The banks/lenders have been a bit casual about all the legal proof needed to foreclose. That does not mean you don't owe the money or that you haven't lived up to your responsibilities. Try it, see what happens. At the end of the day your credit will be ruined, you will be out of your house and all you may get is a few months while they cross their T's and dot their I's. That alone may be worth it, but there is a lot of work in a fairly specialized area of law to get there.
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