Ann Arbor Real Estate Attorney

Fighting Creditor Status with an Attorney

One of the strongest things you can do to have the Servicer/Bank be in dishonor is to do the following.

1) Send a correspondence to Servicer/Lender noting you are not refusing to pay but you have placed the last 2-3 months of payment (of which you are behind on your mortgage) with your attorney who is holding it in escrow to release funds upon their proof they are the creditor and the validation of debt.

2) Have your attorney send a letter (with a photocopy of the certified funds/bank check) of the funds they are holding on your behalf. Your attorney can let them know that he/she is only authorized to release funds upon them forwarding an affidavit that they are the creditor/party in interest on the mortgage account. Only when they send an affidavit stating this information will your attorney release funds. Have your attorney give them 3-4 days to fax something over or send something via overnight mail. Guess what, they won’t respond.

3) When they do not respond, have your attorney draft for you an affidavit of truth stating what you have requested and their failure to respond. Also note they failed to respond even to your attorney with an affidavit.

4) If required in your mortgage docs, have your attorney give them notice of judicial action coming down the pipeline.

5) Take them to Court; you now have prima facie evidence they are not the creditor, therefore no standing to collect on a debt or commence/carry out a foreclosure. If they were the true creditor, under Federal law they would have had to responded.

This is not legal advice but some food for thought. As always, speak to an attorney before proceeding with any legal strategy or foreclosure defense

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