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Rescission of Notice of Default
In August 2010, Recontrust sent me a Notice of Default for my property.
Since I was in the middle of disputing with Bank of America over who the real and beneficial party of interest may be, I sent them (the Trustee) a certified letter (included in the coaching program) disputing the debt.
At the time, I had a civil action in Circuit Court against Bank of America which I had won by default, but was set aside for lack of proper service. When I was in the Court Records department, there was a lady in front of me in line who was extremely upset…like spitting mad. She went to the teller and asked for a case number….MY CASE NUMBER.
Dying of curiosity, I asked her what was the problem…and she (not knowing who I am…what are the odds?) informed me that there was an issue with the title with a case she was trying to foreclose on. She then took copies of my case, and promptly called her lawyer. She must have talked with him for over 30 mins because by the time I was done with my paperwork, she was still on the phone.
Anyway, I had expected that Bank of America/ReconTrust would have filed some sort of motion to have the case dismissed, etc.
Nada. Zip. Nothing happened.
I never received a Notice of Substitution of Trustee (but one was filed at the County).
I did receive a Notice of Trustee Sale for late December.
But on the Date of the sale…the property never came up.
Anyway, today I went down to the County Recorder’s office to inspect my records for my property.
Boy was I shocked.
This document is AMAZING.
It prove that they are in fact caught in the act stealing and was forced to return the goods when I disputed the debt.
This is a Rescission of the Notice of Default. This means that the Notice of Default was taken back as if it was never issued. No Trustee sale can proceed until such time as a real party of interest can come forth to claim the property.
With this, I will be promptly filing for a Quiet Title Action next year to have the clouded title removed from my property.
Would love to hear your comments.
|This entry was posted by Foreclosure Defense Team on December 31, 2010 at 2:05 am, and is filed under Foreclosure Defense. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site.|