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  1. Foreclousre are State specific and not all stays allow a redemption period. OP please look up YOUR State Foreclosure laws and RCPs prior to responding. Thanks for the responses. I understand the law (I'm in KY - the house has to sell for a certain percentage less than we owe and then I have 12 months to purchase back from buyer), I just need to know if I can write the response to the summons and if there is any chance it will allow us to stay in the house longer. We are having a problem finding a rental house and we just need more time. If I write a letter and explain what happen - will that help? And, how many people need to get a copy of the letter? I can't afford a lawyer, so I have to do this on my own. Thanks. Hi Is Kentucky a judicial or non judicial state? If judicial you have some time to delay the foreclosure however you will need to answer the summons and complaint. Contact the court clerk in your county, request a packet for answering a foreclosure complaint, the packet will be self explanatory and the filing cost usually around $100.00- $130.00. YOU must answer the complaint with a proper legal defense. The issue of proper legal STANDING is a viable defense. Sending a letter to the court is not a proper legal answer to the complaint. You must deny all the counts in the complaint via your answer or Motion to dismiss. I would recommend you seek some legal assistance. Best regards Acesfull
  2. Hi Another possibility is, if you can get the building and the equipment on the cheap, Then rent the the place out. Operating a resturant is very expensive, getting a liquor license if you so desire is expensive. The insurance cost is very expensive. Just a hugh expense before you even open the doors.. Try to buy the building cheap and rent or lease it out.. Just my 02 cents Good luck and best regards Acesfull
  3. Hi All I have a case management conference sechuled for Nov 1st. with the judge. Anyone have a clue as to what I can expect? I will be trying to get the case dismissed on the Standing issue. I believe the bank is not in possession of the original note or agreement since they did not attach a copy with the complaint. The judge I will be appearing before is the same judge that presided in a landmark case Bank of NY v Raftagianis where he ruled that plaintiffs bring a foreclosure complaint must be in possession of the original note and agreement at the time the complaint was served on the defendant. I may just read and reread the entire caselaw and simply argue my case based on the case I referenced above. Your opinions and comments are most welcome. Best regards Acesfull
  4. Hi Cory1848 What state are you located? Was the complaint dismissed with or without prejudice? Best regards Acesfull
  5. Hi All Still waiting on an answer to my motion? Can anyone shed light on the time line for receiving the courts decision? I am in NJ and NJ foreclosure courts are backlogged. Thanks everyone. acesfull
  6. they wouldn't necessarily. but, i'm simply telling you that you're not understanding or using the terms properly. you can't answer yes or no to a question that's flawed in its framing. standing, for instance is a doctrine that has no application to a document. a claimant has standing. i'm just trying to save you some heartache. HI Unmet Potential Its all good, I know you were trying to be helpful. Keep you the good work here on creditboards. Best regards Acesfull
  7. ICANHASMUNY Thanks you for your reply. Just what I was looking for. Also thank you for your dedication to the board. Best regards Acesfull
  8. Hi Pryan67 Without consultating a dictionary, I would guess the only true legal document is one signed by an authorized Judge. Therefore I guess I answered my question in regard to a dunning letter. The dunning letter is nothing in terms of being a legal document. Thank you for doing a great job here on creditboards. Best regards acesfull
  9. Hi I don't have the answers that is why I'M askin the questions. I didn't think the terms legal document or standing in a court of law,would require the services of an attorney. They seem to be simple questions that require a yes or no answer. This board has serviced me quite well over the years. Possibly the questions are more difficult then I originally preceived them to be. Best regards acesfull
  10. Hi Is the 30 day dunning letter considered a legal document under any statue or law? Does it have any legal standing in a court of law? Or was it simply created by the FDCPA to require collection agencies to use for generic in house paper work? Just wondering. TIA acesfull
  11. Hi All In regard to a Dunning Letter from a CA or OC. Is a dunning letter considered a true Legal document? Also why is it suggested to respond to such a letter in a 30 day time frame? Why not 35 days or 49 days? Who is actually keeping records in regard to responding to the dunning letter? Is the time frame actually a standard legal statue set in place by the state or federal goverment? I always respond within the thirty day window but I was just wondering how the amount of time for responding ever came to be. TIA for all your replies and opinions. Best regards Acesfull
  12. Hi All The answer to the complaint when out yesterday. I used the No Note defense. There is a Court Rule that states the plaintiff must attach a copy of the Note or signed contract in there original complaint. Since the attorney did not attach any documents they alluded to in the complaint I ask the court to Dismiss the case with prejudice. I will also file a Motion to dismiss next week. Thanks in advance. Acesfull
  13. Hi All, Would it help if I posted a copy of the complaint? Thank you in advance. Best regards, Acesfull
  14. Hi All Distantarray, Apply for the HAMP program. Down load the progam an apply. I believe while your under review the foreclosure process is stalled. It may help delay for a while. Good luck Acesfull,
  15. Hi All, Here is some info for Hamp Guidelines while under review. "While under consideration" for participation in the Home Afforadable Modification Program ( HAMP ), A federal assistance program to prevent foreclosure through loan modifications,promulgated pursuant to section 110 of the emergency economic stablization act of 2008. 12 USCA section 5201. Also, under Relevant Directive of the federal department of treasury, a foreclosure sale should be adjourned pending such evaluation. Problem I see, is that this is not a LAW just a good faith guide line. Also technically I was not in foreclosure. So technically nothing to adjourn. Not sure if a motion to dismiss due to Acting in Bad Faith by the bank will hold any water? Looking forward to all relpies. Best regards, Acesfull

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