Quick Reconveyance: Module 3

Look, you are going to sue a bank.  If you haven’t done so, then PLEASE SIGN UP FOR PREPAID LEGAL.  Don’t be an idiot. You will have lot’s of questions….who are you going to ask?  Another guy on the internet?  The blind leading the blind?  Don’t mess around.  Get real legal advice.

Next, let’s talk about Rules of Civil Procedure.  We will be filing our action in State Circuit/Superior Court.  As such, you need to know your rules of engagement.  The Rules of Civil Procedure governs how servicing is done…how many days to wait, etc.  Go find your State’s Rules of Civil Procedure, simply Google “[your state] rules of civil procedure”.  For example “Oregon rules of civil procedure”.  Print this.  You will need this.

Once you have your rules of civil procedure…READ IT!!!

Particularly, find out the rules on Servicing.  The Rules on servicing someone who is out of business (ie. if your original lender is out of business…how do you serve them?)  If in doubt, ask Prepaid Legal.  This is what they are there for.

Read about the rule on Summons.  Do you have to provide the summons or does the Court Clerk issue the summons?

Customize the summons:

003c-Summons.doc

Here are a few documents that might help you understand the litigation process.

Also, take a look at this great website.  It has forms and civil procedures specific to your State.

Look getting involved in litigation is a serious matter.  The odds are stacked against you.  The Judge is often ignorant of the law (funny but true).  This is particularly true in Judicial States like Ohio, and Florida..where Judges have hundreds of foreclosures to “rubber stamp”.  They have a duty to provide you a fair trial…but they don’t.  It’s up to you to remind them of this and hold them to their oath of office.

I found this excellent CD/DVD set that guides you through the process of representing yourself and learning how to hold the Judge accountable for the due process of the law.  It’s called Jurisdictionary.  I’ve ordered a copy.  I highly recommend that you do this now.

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Seriously, you are going into litigation.  It’s a dirty knife fight.  Don’t go in there with a potato peeler.  You want the biggest baddest knife you can find.  Arm yourself with knowledge.  The best resource I’ve found (and this is where I got most of my legal education) is Jurisdictionary.

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To file a civil action “in pro se” (in California it is “pro per”) means in person.  By yourself.  Not re-presented by an attorney.

Once you have read through these handbooks, go research your local State or District court house’s own rules.  They should be very similar, but some local variance are abound.

Here are a couple of cool websites I use for my law research:

www.foreclosurelaw.org This is a great site.  Has all the relevant laws regarding foreclosures in your State.

www.law.cornell.edu

plol.org

Check with Prepaid Legal about proper servicing procedures for your state.  For example, in Oregon, you will need to service them via Certified Mail as well as first class mail.  Failure to do so can get your case dismissed.  It pays to be sure.  CALL PREPAID!  Be sure to ask for a “Legal Determination” not just an “opinion”.  Very different.  Be sure to ask them to “show me the law”…otherwise, their opinion has much validity as your neighbor’s.  Just an opinion.  Not legal standing/interpretation.  You did not pay them for an opinion.  You are paying them to find THE LAW.

Here’s a great site to look up proper serving procedures/protocols for your state: http://www.serve-now.com/

To properly serve the original lender, you need to find the address of the Registered Agent from your State’s Secretary of State’s website.  For example, Google “Californian Secretary of State”.

You want to do a Business Search.  Find the name of the original lender.  It will usually come up with a Registered Agent.

You will then want to use your process server to serve the Registered Agent in your state.  This is called “in state service”…which gives the other side less time to prepare a defense.

Once you are ready to serve your complaint (don’t do it yet), you will want to serve the original lender via a Process Server.  It will cost you about $40 or so.  This is the safest way to make sure the other party is properly serviced.  If they are out of business…then refer to your State’s rules of civil procedure on servicing.  It will likely involve publishing your summons in a local newspaper under Legal Notices.  Make sure you get a copy of this when the newspaper comes out so you can attach it as proof of service.

After you learn the rules of civil procedures, start customizing your complaint:  003-Quick Reconveyance Complaint.doc.

You will also want to customize 003b – Request for Admissions.

ie. Closed with Bank A, but is being harassed by Bank D.

Customize your Quiet Title Action.  004-Quiet Title Action.doc.

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Do Not Send/Serve them yet.  Wait till the next module which will be released to you in a couple of days.

1) Sign up for Prepaid Legal.

2) Download/Print your State’s Rules of Civil Procedures

3) Buy Jurisdictionary.  Seriously, this product is invaluable.  It is around $250 and it teaches you everything you need to know about litigation.  Even if you plan on hiring a lawyer…knowing the litigation process means your lawyer can not jerk you around.

4) Find the Address of the Registered Agent for the original lender in your State.  If they are not in your state…then find them in the State in which they are incorporated…which should be identified in either the Deed of Trust or the Note.

5) If your original lender is out of business…research how to service a defendant who is out of business.  Read the Rules of Civil Procedure…and/or consult Prepaid Legal

6) Find a Process Server who is close to the Registered Agent in your state.

7) Customize and prepare your complaint: 003-Quick Reconveyance Complaint.doc (if same Lender -> Servicer)

PLUS Customize and prepare: 003b – Request for Admissions.

OR

Customize and prepare your complaint: 004-Quiet Title Action.doc (if different Lender -> Servicer)

8) Customize 003c-Summons.doc