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33 replies to this topic

#26 SportsNut

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Posted 05 May 2012 - 10:33 AM

AFFIRMATIVE DEFENSES
I deny that the Plaintiff should be able to foreclose on my home for the following reasons:
I have contacted the lender directly and I currently have a Repayment Plan in place which will commence on May 18, 2012 through October 18, 2012.

I swear that the information contained in the foregoing Answer is true and correct to the best of my information and belief.

What are your thoughts?


Ovarall, pretty good. The only problem that I see is that your stated Affirmative Defense is not a recognized A.D. for your case. It is rational to you but not to the court. Suggest that you check out this list of A.D.'s and restructure this part of your answer with one of these choices, and likely Standing is going to be your best one. You have already stated that you weren't sure that they aren't the holder of the "Note", which is the same is saying they do not have Standing.

Also, # 2: In Ohio is there is not such thing as a Mtg Deed. Insert the word "Note" in its place. NOT Mtg Note, just NOTE, or "Promissory Note"

Lastly I would insert ther word "Affirm" in place of Swear; most used langugage.

Othere than above you should be as good to go.



#27 2ndsout

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Posted 07 May 2012 - 09:57 AM


AFFIRMATIVE DEFENSES
I deny that the Plaintiff should be able to foreclose on my home for the following reasons:
I have contacted the lender directly and I currently have a Repayment Plan in place which will commence on May 18, 2012 through October 18, 2012.

I swear that the information contained in the foregoing Answer is true and correct to the best of my information and belief.

What are your thoughts?


Ovarall, pretty good. The only problem that I see is that your stated Affirmative Defense is not a recognized A.D. for your case. It is rational to you but not to the court. Suggest that you check out this list of A.D.'s and restructure this part of your answer with one of these choices, and likely Standing is going to be your best one. You have already stated that you weren't sure that they aren't the holder of the "Note", which is the same is saying they do not have Standing.

Also, # 2: In Ohio is there is not such thing as a Mtg Deed. Insert the word "Note" in its place. NOT Mtg Note, just NOTE, or "Promissory Note"

Lastly I would insert ther word "Affirm" in place of Swear; most used langugage.

Othere than above you should be as good to go.


I changed the Affirmative Defense to show the aspect of Standing, as you had pointed me to that website in your response. I have the hardship letter and the Answer ready to go now, along with the documents for the repayment plan all ready to go.

Any other thoughts, comments or ideas?

#28 2ndsout

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Posted 10 May 2012 - 10:04 AM

Update: 05/07/2012-05/10/2012

Over the past couple of days I have been working on paperwork. I filed my Answer along with an extension of time as well (to be on the safe side) in case I needed it. In Clermont County Ohio; you get a 60 day extension if it is filed.

I have a Mediation conference on May 22. I also received a noticed yesterday that there is a "Notice of Hearing" which is a 15 minute conference before the judge that is scheduled for July 16, at 11 AM.

I called the foreclosure attorney and mailed them my answer via Certified Mail/RR... I also told them that I had worked a repayment deal with the lender and I sent them a copy of that agreement as well. I mailed (via UPS) and faxed the repayment plan back to Indymac/One West bank as well.

The repayment plan is set to commence on May 18th through October 18. The downpayment is ready to go for May 18.

What happens from here, I guess we will see...

#29 2ndsout

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Posted 18 May 2012 - 06:32 AM

Update 05/18/2012

Paperwork has been filed. Filed our answer to the courts on 05/09/2012. Had the down payment for the repayment plan. The way it was set up, they took my payment over the phone and provided me with a confirmation number.

So our $4000+ payment was made last night and will be processed today.

At least I have some good things to provide to the judge when we go to the mediation conference on Tuesday.

Just wanted to provide an update.

#30 goturtlego

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Posted 19 May 2012 - 01:29 AM

Great job! Good luck to you :)

#31 2ndsout

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Posted 31 May 2012 - 08:20 AM

Update: 05/31/2012

We had our mediation conference on 05/22/2012 with the court mediator. My wife and myself went in (we already had the repayment plan set in place) to which the mediator said, "You've done 99% of the work already". The conference lasted about 15 minutes.

Foreclosure is on hold with attorney stating "The Case is on hold". The other day in the mail I received a notice from the attorney filed with the courts. Voluntary Dismissal! YAY!! Everything that was scheduled for the rest of the upcoming for the courts has now been canceled.

Next payment is due June 18th.

#32 goturtlego

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Posted 09 June 2012 - 09:19 AM

Great news!

#33 SportsNut

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Posted 09 June 2012 - 11:05 AM

Congrats to 2ndsout here on getting what appears to be a completed deal. Hurray.
I must say that I had my doubts but it appears that you approach as worked better than my suggestions, and for you I am very glad that it all worked out this way. :yahoo:

#34 2ndsout

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Posted 18 June 2012 - 10:29 AM

Congrats to 2ndsout here on getting what appears to be a completed deal. Hurray.
I must say that I had my doubts but it appears that you approach as worked better than my suggestions, and for you I am very glad that it all worked out this way. :yahoo:


Yes, everything is going well. Will be making my payment today to the bank for the first payment until October when our November payment will go back to what our regular monthly payment was when we bought the house back in 2005.




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