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  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Change of Plaintiff in the Middle of Forclosure Proceeding

    My question involves court procedures for the state of: FL

    Is it allowable for the foreclosure proceedings to continue when the Plaintiff has sold/transferred/assigned the mortgage/note to a new servicer?

    Chase Home Finance attorneys initiated foreclosure proceedings and the case has been moving along with all usual filings... Atty then cancelled the hearing scheduled and I was informed that the new servicer was IBM-LBPS. IBM-LBPS uses the same firm.

    LBPS states that they will just "assume" the litigation and because they are the ones "paying the bills" they can continue to prosecute.

    If the whole basis of the case relates to the owner/servicer excercising "their" rights to forclose, how is it that proceedings can continue if the claimant/plaintiff no longer "owns" those rights?

    As a Pro Se defendant, how would one bring this to the attention of the courts befor a final judgement make it all a mute point?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,756

    Default Re: Change of Plaintiff in the Middle of Forclosure Proceeding

    Is the issue that the mortgage was sold after the foreclosure was filed, or is the issue that Chase Home Finance was never the correct party?

  3. #3
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Change of Plaintiff in the Middle of Forclosure Proceeding

    Quote Quoting Mr. Knowitall
    View Post
    Is the issue that the mortgage was sold after the foreclosure was filed, or is the issue that Chase Home Finance was never the correct party?
    There is doubt as to Chase's basis, but the core question at this point is related to the sale to another entity and their continuing with the proceedings as if they still held the rights to pursue the foreclosure.

    Thank you for your response..

  4. #4
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Change of Plaintiff in the Middle of Forclosure Proceeding

    Adding an additional reply to clarify the question.

    Can a foreclosure proceedings continue if Chase (plaintiff) had sold/transferred/assigned the mortgage and note to a new lender/servicer?

    Didn't Chase pass those rights to the new party and therefore needs to stop attempting to enforce the?

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