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My house is in Foreclosure by a Bank that is not the Bank who provided the original mortgage.

Orlando, FL |

They obtained this mortgage and are the ones who filed for foreclosure. I feel like I could file a discovery request , request to produce documents, interrogatories, and request for admissions on many aspects of this case. If we discover any indescrepencies in the way the banks or parties handled the paperwork- including robosigning this could be a win. I feel also that the bank is actually moving slow (thankfully) but several times the judge tried to dismiss due to lack of persecution, but they avoided this. There has now been 6 months of inactivity. Perhaps with some requests from New York Mellon, as well as some of the previous involved parties- even notaries we can see how the bank reacts.persecution, but they avoided this. There has now been 6 months of inactivity.

Attorney Answers 2


Do you have a question? You seem to describe what is happening in your case but it appears that you never asked a question for any of us to respond to.

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I agree with Atty Ferrin. There is no clear question here.

It seems you might have a question about the fact that a different lender is foreclosing that the original lender. That is not unusual. The lender will simply need to prove it is the owner of the mortgage by providing the Assignment(s) of Mortgage and showing the chain from the original lender to it.

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Wendy Anne Mara

Wendy Anne Mara


If the bank does not provide an assignment of mortgage showing it has standing to foreclose, then you can file a Motion to Dismiss. However, most often, this deficiency is fixed rather quickly and the bank continues with its foreclosure on the property. With respect to the inactivity, a judge will typically file a Notice of Lack of Prosecution after 10 months of no activity by filing pleadings. If there is still not activity, the judge will usually dismiss 60 days after the notice. If the case is dismissed once for lack of prosecution, is is dismissed without prejudice meaning the bank may re-file the foreclosure suit.

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