In reference to the last posting, consider the following. The way the servicers/lenders attack is contract law and using self-executing contracts. You have to use this type of language in your documents if you want to win in a judicial matter. They key in your documentations is to use language where you put time frames for responses and make it clear that when they do not respond or if they simply provide a “non-response” letter that there are consequences.
What are those consequences? How about that if they don’t respond to you with an affidavit, that they are contractually agreeing to an ex-parte hearing, waiving all legal remedies or rights or litigation, and agree to the terms you set forth in your documentation. The idea is to not only box them in but to block their attorneys. Then take them to court and follow up with your case. If you do this correctly, then you can get a quick judgment in your favor. You can prove your case that by their silence or non-response that there is no controversy, no outstanding debt and that they are not the creditor/real party in interest.
As always this is not legal advice. Such an approach requires the appropriate documents. Speak to a local attorney who can assist you in these matters.
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What relief should we be asking for in a judicial state when filing a motion to dismiss? I some examples seeking specific declarations that Plaintiff is not the creditor, that certain actions are null and void, etc. Please elaborate.
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