![]() However, while people are allowed to represent themselves in court, it is a huge mistake to try. No matter what you do, the wheels of the foreclosure action continue to roll.ĭepending on all the details, it may very well be possible to put on a viable defense to foreclosure perhaps relating to issues you are not even aware of. However, and much more importantly, you should consult an experienced foreclosure defense attorney to obtain specific advice regarding the defense potential of your case. It is a subsidiary of Bank of America, now merged into Bank of America, and while most of the servicers are terrible, BoA / BAC is the worst of the worst. ![]() In your case, it appears that BAC Home Loans Servicing is your loan servicer. This makes a crazy situation even crazier, since the mortgage servicers are "in charge" of the management of the loan. The day to day work on all mortgage loans is done by mortgage servicers, who are usually not the owners of the loans they service. Federal National Mortgage Association is the formal name of Fannie Mae, abbreviated FNMA, one of the major perps of the mortgage mess. However, if the complaint only says "I broke my arm and it was his fault," it could be dismissed on demurrer.There are definitely issues here, but lack of capacity and privity are not going to lead anywhere. ![]() If plaintiff pleads those things, he has pled sufficiently. ![]() So he could say that defendant owned a store and as the owner, he had a duty to keep the sidewalk free from ice, but he didn't bother to de-ice the sidewalk (thus breaching the duty), and plaintiff slipped on the ice and fell, breaking his arm and causing him to incur $1,500 in medical bills. The plaintiff's complaint must show facts indicating that there was a duty, that it was breached, that the breach caused his injuries and that he was damaged. To claim negligence, the plaintiff must show that the defendant (the person he's suing) had a duty, and he breached that duty, and his breach of that duty cased plaintiff's injuries and plaintiff suffered damages as a result. For instance, a plaintiff may sue someone for personal injury on a theory of negligence. The most common reason for filing a motion to dismiss is that the plaintiff has "failed to state a claim upon which relief can be granted," meaning that the filing fails to state a claim on which the judge can act - the demurrer, as described above. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content.įor 15 years our company has published content with clear steps to accomplish the how, with high quality sourcing to answer the why, and with original formats to make the internet a helpful place. Our commitment is to provide clear, original, and accurate information in accessible formats. We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. We perform original research, solicit expert feedback, and review new content to ensure it meets our quality pledge: helpful content – Trusted, Vetted, Expert-Reviewed and Edited. We write helpful content to answer your questions from our expert network.
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