Foreclosure Case

The Office of Foreclosure handles the foreclosure unless you file an answer to the complaint. In that situation, the foreclosure is sent to a judge in your county. The complaint must set forth all of the facts that would give the mortgage lender (called the plaintiff in the complaint) the legal right to foreclose.

Next in the timeline for foreclosure is the preliminary hearing. You state your case and the judge will rule what to do next. If you have a legitimate Answer, the judge may ask the lender to allow you time to work things out. If your Answer was not sufficient, the judge will rule for the lender and the foreclosure will go forward.

A foreclosure action typically begins when the lender sends a Notice of Intention to Foreclose to the property owner. After 30 days have elapsed, the lender (plaintiff) may file a foreclosure complaint and a Foreclosure Case Information Statement with the Superior Court Clerk in Trenton with the appropriate filing fee. The

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To understand foreclosure, it helps to keep in mind that the word "homeowner" in this case is actually a misnomer. "Borrower" is a more apt term. That’s what a mortgage , or deed of trust , is: a loan agreement for the purchase price of the home, minus the down payment.

Foreclosure in equity is presumed an agreement of the borrower IF the original note is presented to the court. There is nothing in any mortgage where a borrower consents or waives presentment of the note in foreclosure. Therefore, a lost note count changes this from an equity in foreclosure to a trial case on this count.

Other counts relate to cases in San Mateo, San Joaquin, Placer, El Dorado, and Sacramento counties. According to Becerra’s.

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FORECLOSURE CASE BOMBSHELL – A JUDGE EXPLAINS WHY FORECLOSURE IS A FRAUD! CHASE, in the instant action, committed a fraud upon the Court by claiming to be the plaintiff. FANNIE MAE should have been the plaintiff as the owner of the note and mortgage when the BUTLER foreclosure action commenced.

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