REBUTTAL TO:Report #357123: Law Offices Of David J. Stern, P.A. I mortgaged my home in august of 2006, with Homeside Lending. We were going to flip the home and of course the market plummeted. We paid for ten months. At the beginning, it was a small amount and withing 6 months in more than doubled. I was in a severe car accident which left me disabled talked to the bank to do a short sale and they agreed. My husband was the one that took out the mortgage and in the paper work it said I was not responsible in any way. The Law Offices Of David J. Stern, P.A. would not talk to me yet it was me they were coming after, my husband was working for both of us. We agreed on the short sale.
In the interim, they sold the loan to Deutsche Bank for $1.00 and they proceeded to take the quit claim deed back to when it was my sister's and mine. I bought their portion and the home was in the name of my husband and myself. I was served and they said they could not find my husband. Yet the processer said in his report that he served my documents to Kent G. Curry as a substitute and non-served Kent Curry because they could not find him I answered the summons. On October 13th I received a final judgment against my sisters and myself that the home had been sold on October 10, 2008. I rushed to Miami and I asked the clerk how long did I have to stop this she said the next day a man behind me said she is not telling the truth today is your last day. I asked her a she quickly disappeared and did not answer. I handwrote what I could explaining the chicanery of the bank and the attorney and that I had never been served anything except for that time and that at no time was I notified my home was being foreclosed on and sold back to the bank for $100.00. A refurbished home in Coral Gables Florida still worth $450,000.00.
I made a quick request to get a hearing with the judge and am currently fighting with my sisters because they cannot understand how they are involved in all of this. I cannot either because the quit claim deed was filed correctly and what is my husband going to have as collateral. My sister's credit is being thrashed because of a foreclosure when they weren't even aware of a loan. When the loan was made they did an investigation and knew everything was okay. Why are they going after me and not my husband who is the one with the loan and how can they reverse a quit claim deed and sell a home without notifying the owner. I have a hearing with the judge on the 19th of november but I do have proof that the processer did purjure himself by claiming he could not find my husband yet he gave him the papers for me. The chicanery of this attorney and his relationship with this bank is questionable to say the least.
I NEED HELP BECAUSE THEY ARE DOING EVERYTING ILLEGALLY I WANT TO KNOW WHY AND WHAT IS GOING TO HAPPEN NEXT WHEN WE DON'T OWN A HOME AND THE LOAN IS STILL OUTSTANDING WHICH WITH INTEREST AND EVERYTHING IS OVER HALF A MILLION DOLLARS. They are claiming that they cannot find the original mortgage papers. I am scared of how deep this mendacity goes because I have read horror stories of this attorney and how he gets away with everything. PLEASE SOMEONE HELP!!! I cannot afford an attorney because I am disabled and we have a lot of expenses but I have to fly back on the 19th and will be pro se, and a wing and a prayer.
Cedar Crest, New Mexico