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Now JOIN me in helping people with BIGGER FISH TO FRY ... people who will suffer greatly until good people like you JOIN together to DEMAND PUBLIC LEGAL EDUCATION AT THE GOVERNMENT'S EXPENSE!

IF there is no money due on the note and all other conditions of the note are met, AND IF all conditions of the mortgage are met, there are NO GROUNDS for foreclosure.
It is the mortgage that empowers the holder to foreclose. Not the note.
And, the foreclosing party must hold the mortgage, either as original holder or verifiable transferee.
There's a lot more to learn about this in my class on Property in my REFERENCE MENU.
https://www.HowToWinInCourt.com

Filing motions, appearing, and participating in a case can very well be viewed as a waiver of service. Unless, the lack of service prejudiced you and led to cascading injuries. Depending on the method of service required.

Keep in mind that neither I nor Catherine wrote this. This is not one of my cases, nor is it one of Catherine’s case. It does however involve Catherine’s property that she was unlawfully evicted from. She has entered appearance as “party of interest”, one of the Does on that Quiet Title. This is the same defendant who is named in Catherine’s Quiet title. So we expect that when the defendant finally responds to Catherine’s Quiet Title, she will get something similar.

So we wanted to get your view on this BAR attorney’s use of affirmative defenses. Just so that you know I have studied this part of your class. And as a result thought this Answer was totally aggressive and useless.

What can we expect the plaintiff (PennyMac Home Loans) to do with this? How does it effect the next phase, discovery?

My name is on the deed. A superior mortgage lien is recorded. No deed of reconveyance was ever recorded. The loan still is a lien, but not attached to the real property anymore. I'm personally liable now. The sheriff unlawfully auctioned the property without due process. The sheriff then recorded a sheriff transfer deed. Based on that we were evicted without complying with the elements of an unlawful detainer action. The title is not perfected. I'm still paying the mortgage, but no longer have possession. Judgment creditor claims she owns the property. Our primary residence is barred from sale to pay a judgment. Notwithstanding, the courts, attorneys, sheriff and others are proceeding on autopilot in an abuse of process. The lender sued in a quiet title action. The 39 affirmative defenses are on behalf of the new "owner" as defense against the lender's quiet title action. I suppose the lender wants to attach the superior lien to the real property again in spite of the loan being paid still. It's a mess created by an abuse of process. If I stop paying the mortgage, the lender can assign the loan to the new "owner" and was renegotiating my loan with "owner" in anticipation of foreclosure but I prevented that by staying current over 24 months later.

https://www.americanjusticefoundation.com/

The lender had no say. They recorded a superior lien against my title. The property was sold illegally and the lender's note was no longer a lien on the real property...it was wiped from the record illegally too. Per my note, I was obligated to contact them. I'm not sure if the lender would have found out otherwise. Early on though, my lenders attorney told me he had been engaged in lengthy negotiations with the new "owner's attorneys." The attorney told me, pre-eviction, the new "owner" doesn't want a mortgage on the property and intends to pay off my loan (at a reduced amount I'm sure). The parties at fault for this are the sheriff and my neighbors attorneys. The sheriff can't grant a sheriff transfer deed without paying off all of the recorded liens. The only good thing about it is that 2 of the recorded liens were for lawyer fees. Two lawyers sued after I refused to pay excessive fees. They won of course. One judge was a longtime family friend who lambasted the attorney and humiliated him in court. The judge told me "you must do better in hiring an attorney. In fact, stay far away from courts. Don't go to court."  That judge still ruled in favor of the attorney. In sum, my lender isn't directly  responsible for this mess. They are suing my neighbor in one quiet title and I am suing in a separate case. The lender refused to consolidate the cases. The lender cannot renegotiate my private contract with a third party. That's called novation and I would have had to agree in writing. I don't see how the lender has standing to sue. They were all betting that I'd stop making payments then they would all be home free.

I agree too, my lender should have sued the sheriff and my neighbor for multiple causes of action. Or alternatively, filed for an injunction to ensure the law was followed before granting any deeds.

Loans (promissory notes) cannot be liens without more. What creates the alleged lien?

Recordation, and a valid, perfected deed granted upon agreement of a note and satisfaction of meeting all of the elements of a contract. Evidence of the satisfaction of a mortgage contract is a recorded deed of reconveyance. There is no recorded DOR in my case. That's a very good question you pose.

Of course this is just a sample of what it could look like. We would need to include the five discovery tools the flurry of motions, what sequence to do the motions under what circumstance and a host of other things. But just to show you what I was thinking.

Can someone explain to me how an Order granting motion to dismiss can be filed prior to the petitioner's response?