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Unlawful detainer summons need a defense acceptable in Missouri

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by Guest, Feb 11, 2014.

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  1. Guest

    Guest Law Topic Starter Guest

    Fraudulent Corporate Assignment at Recorder of Deeds Office allowed HSBC, our servicer to become the "holder" and order a nonjudicial foreclosure. We have been served with unlawful detainer and I need to know if the fraudulent corporate assignment document could be used as an affirmative defense. When I say fraudulent I mean that MERS, claiming to act on behalf of the original lender (Intervale Mortgage who went out of business in 2008) assigned the note and deed of trust to HSBC (this was ordered by HSBC by the way). MERS Executive signed from Delaware but the notary was from Florida! That is fraud! Please help, I have about a week before court and I don't know what to do or where to turn for help.
     
  2. army judge

    army judge Super Moderator

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    Be careful when you simply assert this was fraud, this was illegal, etc...

    That is a legal conclusion, and without an appropriate verdict to support your claims, you could end up getting sued.

    Those particular statements are defamatory on their face.

    That said, what you're asserting must be proven, not just said.

    Without proof, you're simply flailing at the wind.

    The major issue here is, did you pay the note?

    Do you have proof of payments?

    Is the note current?

    This is about an alleged contract being breached.

    You either paid the note, or you didn't.

    You're delaying the inevitable unless you can prove you paid, or are prepared to pay.
     

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