Ok...we got our first papers on the 24th...I'm a bit scared, but the crazy thing is (if things can get any crazier) In the papers Ameriquest (who is my current morgage lender and the plantiff) are asking to reestablish a promisory note under section blah blah. That on such and such date defendants executed and delivered to Ameriquest a promissory note in the principal amount of $$,$$$.$$. Plaintiff is said owner of note. The original promissory note was lost or destroyed subsequent to plantiff's acquisition thereof, the exact time and manner of said loss or destruction being unknown to plaintiff. Plaintiff was in possesion of the promissory note was entitled to enforce it when loss of possession occurred. The loss of possession was not the result of a transfer by Plaintiff or a lawsuit seizure. Plaintiff cannot reasonably obtain possession of the promissory not because it whereabouts cannot be determined. Said note is not in the custody or control of Plaintiff.
OK..WTH? They lost my note? The promissory note is what contains all your loan info like interest rate, your payment...etc. This is the same company that the government sued for preditory practices and Ameriquest settled for some 325 million dollars. We fall twice between the time the government sued them for. Sounds a bit fishy to me. Just at first sight and not having much knowledge about all this, it sounds like Ameriquest destroyed my promissory note so as not to include my property in the settlement. No, I don't think I would be the only one to be singled out. My other fear is, we are trying to refinance before the foreclosure...could this interfear with my refinance if they don't have the note? I mean you can't foreclose on someone if you are stopping them from refinancing...isn't that preditory in of it's self? God is walking with me I know He is.....We are going to get through this one way or the other. I am still confused about my internet. I know I am going to walk up to my computer soon and the internet will be gone, they will catch their error in not cutting it off with my phones.....
Wednesday, July 26, 2006
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2 comments:
I'm right there with you, Vital. Maybe we can both find a nice, big appliance box we can live in.
lmaoooo...that was exactly what I thougt of when i read your blog...
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