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  #1  
Old 03-24-2003, 07:55 PM
vickie marklin
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Question

default judgement


What is the name of your state? indiana

i was behind on my mortgage payments. on 2-28-03 we reached an agreement to resolve issue and i paid $4000 ( the total amount of past due payments) $1300 was diverted to pay attorney fees and an agreement to pay additional monthly payments for that amount was reached to keep me current. on 3-6-03 attorneys for the mortgage co filed for a default judgement on 3-11-03 judgement was ordered amount $68,000. i did not receive notification prior to hearing but did receive judgement papers. i contacted mortgage co and they said don't worry about it foreclosure had been avoided and that attorneys just followed through with what had already been set into motion. 3-20-03 i received legal papers dated 3-18-03 which stated sheriff could seize my home for sheriff's sale. again i contacted mortgage co and this time rep contacted attorney again assuring me not to worry. i contacted county clerk and judge's office and found this to be incorrect. the sheriff could seize my home at any time and there is nothing i can do about it only the attorney for the mortgage co can stop this. i have receipts and statements from mortgage co to show payments were made and accepted by them on 2-28 and also on 3-14. i need to get an attorney i understand but shouldn't i be able to do more than just protect my property. legal papers were filed with incorrect info and a jedgement was sought and approved based on fraudulent information. thanks i definitely need help
  #2  
Old 03-24-2003, 08:49 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: default judgement


[quote]Originally posted by vickie marklin
[b]What is the name of your state? indiana

i was behind on my mortgage payments. on 2-28-03 we reached an agreement to resolve issue and i paid $4000 ( the total amount of past due payments) $1300 was diverted to pay attorney fees and an agreement to pay additional monthly payments for that amount was reached to keep me current. on 3-6-03 attorneys for the mortgage co filed for a default judgement on 3-11-03 judgement was ordered amount $68,000. i did not receive notification prior to hearing but did receive judgement papers. i contacted mortgage co and they said don't worry about it foreclosure had been avoided and that attorneys just followed through with what had already been set into motion. 3-20-03 i received legal papers dated 3-18-03 which stated sheriff could seize my home for sheriff's sale. again i contacted mortgage co and this time rep contacted attorney again assuring me not to worry. i contacted county clerk and judge's office and found this to be incorrect. the sheriff could seize my home at any time and there is nothing i can do about it only the attorney for the mortgage co can stop this. i have receipts and statements from mortgage co to show payments were made and accepted by them on 2-28 and also on 3-14. i need to get an attorney i understand but shouldn't i be able to do more than just protect my property. legal papers were filed with incorrect info and a jedgement was sought and approved based on fraudulent information. thanks i definitely need help

**A: you need to hire an attorney like last week.
  #3  
Old 03-27-2003, 04:50 AM
vickie marklin
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Thank you for your response however I cannot find anyone willing to take this on without a retainer of as much as $2500. Obviously if I had that to spend I would not be in this fix in the first place. I am hoping I will qualify for legal aid services. I still cannot believe they can do this to me and I have no legal standing to sue them.
I'll let you know the outcome
  #4  
Old 03-27-2003, 08:16 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
[quote]Originally posted by vickie marklin
[b]Thank you for your response however I cannot find anyone willing to take this on without a retainer of as much as $2500. Obviously if I had that to spend I would not be in this fix in the first place. I am hoping I will qualify for legal aid services. I still cannot believe they can do this to me and I have no legal standing to sue them.
I'll let you know the outcome

**A: If you cannot believe, just read your mortgage note and the real property foreclosure law of Indiana.
Good luck to you.
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