Premilinary Objections to Mortgage Foreclosure action Overruled, new objections found

[christobella]

Im acting Pro Se currently as defendant in a foreclosure defense complaint.
My first 3 preliminary objections were overruled.
I was surprised that the one with most merit was overruled.
The mortgage company's lawyer verified the complaint an dI protested on grounds that she doesnt have sufficient knowledge to know swer knowledge of case.
Since I first filed the prelims I found out that the courthouse clerk was mistaken when she told me they ONLY accept original mortgage notes.
Turns out they have a copy of a copy of my mortgage note on file.
Additionally I couldnt negotiate with my mortgage company when I found out I was put in the wrong mortgage (pick a pay/negative amt)
My mortgage company said my account has different info and that I must not be the person listed on the mortgage. This was bizarre. They aske dme to send in my license for proof im me... I did 15 times and each time they lost track of it....
It turns out they have me listed as a MAN on my mortgage and thats why they refused to discuss my mortgage with me.
Anyway I wanted ro rais ethese points in my answer and also am wondering HOW to answer th ejudge overruling my 3 preliminary objections.


Advice please !

 

[dee_dub]

How you do this depends on your local rules of civil procedure. Generally, though, you don't "answer" the decision of the judge other than to say "Thank you your Honour", especially with regard to preliminary motions.

If the decision was made based on incorrect information, you may be able to ask the court to reconsider the objection based on the new evidence, or file the objection anew. You might have to show that the new information is material to the decision. (It is by no means clear based on your post above that it is.) Check with your court clerk or the court website.

 

[christobella]

Well I do object to the being overruled on 1 of the 3 prelimins .... the lawyer for platiff DOESNT have sufficient knowledge of the mortgage suit to act as a rep and ceritify validity of suit.
And also i have two ne wpieces of info since filing prelims.... (ther eis no original mortgage note, only acopy on file. the courthouse says they require an original but did not follow thier own rules !
and im listed as a 'man ' on my note and thats why my mortgage company refused to speak to me for months !
Do I just file new prelims ? or tak them on to the answer ?

 

[dee_dub]

Well I do object to the being overruled on 1 of the 3 prelimins .... the lawyer for platiff DOESNT have sufficient knowledge of the mortgage suit to act as a rep and ceritify validity of suit.

Since when does a lawyer need "sufficient knowledge"? Usually it's their client that has knowledge, swears the affidavit in support of the suit, etc.

And also i have two ne wpieces of info since filing prelims.... (ther eis no original mortgage note, only acopy on file. the courthouse says they require an original but did not follow thier own rules !

This might be a technicality that the court can overlook.

and im listed as a 'man ' on my note and thats why my mortgage company refused to speak to me for months !

Why would the court be concerned with this?

Do I just file new prelims ? or tak them on to the answer ?

I don't know. You need to consult your local procedural rules or talk with the court clerk.

 

[christobella]

Since when does a lawyer need "sufficient knowledge"? Usually it's their client that has knowledge, swears the affidavit in support of the suit, etc.

The lawyer swore the affivadits on behaf of the plantiff.


This might be a technicality that the court can overlook.
A technicality ? No because without the original note there is NO PROOF that they still hold the mortgage. I sincerely hope you aren't handling foreclosure cases.


Why would the court be concerned with this?

Again, wow are you really a judge ?

 

[christobella]

WHO OWNS THE NOTE?

Your goal is to make certain the institution suing you is, in fact, the owner of the note (see steps to follow below). There is only one original note for your mortgage that has your signature on it. This is the document that proves you owe the debt.

During the lending boom, most mortgages were flipped and sold to another lender or servicer or sliced up and sold to investors as securitized packages on Wall Street. In the rush to turn these over as fast as possible to make the most money, many of the new lenders did not get the proper paperwork to show they own the note and mortgage. This is the key to the produce the note strategy. Now, many lenders are moving to foreclose on homeowners, resulting in part from problems they created, and don't have the proper paperwork to prove they have a right to foreclose.

THE HARM

If you don't challenge your lender, the court will simply allow the foreclosure to proceed. It's important to hold lenders accountable for their carelessness. This is the biggest asset in your life. It's just a piece of paper to them, and one they likely either lost or destroyed.

When you get a copy of the foreclosure suit, many lenders now automatically include a count to re-establish the note. It often reads like this: "…the Mortgage note has either been lost or destroyed and the Plaintiff is unable to state the manner in which this occurred." In other words, they are admitting they don't have the note that proves they have a right to foreclose.

 

[dee_dub]

"Judge" is an honorific bestowed by the website upon anyone who posts a certain number of times. Feel free to disagree.

Your questions deal with elements of civil procedure specific to your jurisdiction that are not universal. That's why I advised you to consult your local procedural rules. No one here is an expert on them.

As far as the lawyer's knowledge goes, I would be surprised if his affidavit doesn't indicate he was swearing it on "information and belief", or whatever the equivalent is in your jurisdiction. Yes, that is what it sounds like: hearsay. Whether or not it is inadmissible for that reason in this proceeding, I cannot say. Sometimes affidavits on information and belief are sufficient.

Your original message indicated that the clerk accepted not only originals but copies. That suggests that a copy was good enough. In fact, some jurisdictions don't require the lender to produce the note, or may allow an affidavit that the note has been lost. If you didn't intend to suggest that a copy was sufficient, you might consider finding a different way of expressing yourself.

I trust you treat your judge with proper civility. Good luck to you.