Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
BANK OF AMERICA, FORECLOSURE ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM

BANK OF AMERICA, FORECLOSURE ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM

Ratings: (0)|Views: 3,570|Likes:
Published by laurentratar
Countrywide falsified income on loan application, MERS, Assignment by Robo-signors, Securitized, BAC responsible for Countrywide claims, sworn testimony by bank employees from Mortgage-backed securities cases.
Countrywide falsified income on loan application, MERS, Assignment by Robo-signors, Securitized, BAC responsible for Countrywide claims, sworn testimony by bank employees from Mortgage-backed securities cases.

More info:

Published by: laurentratar on Jun 09, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

07/29/2013

pdf

text

original

 
Page 1 of 62
IN THE CIRCUIT COURT OF THE ___ JUDICIAL CIRCUIT_____ COUNTY, _________,_________
 BAC HOME LOANS SERVICING, LP F/K/A )COUNTRYWIDE HOME LOANS SERVICING )LP ))Plaintiff, ) Case No. 2010)v. ))))Defendants. )
AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM
Defendants and Counterclaimants,
_________________
individually “Owner” andcollectively “Owners”)
, proceeding
 pro se
hereby answer the Complaint to Foreclose Mortgagebrought by BAC Home Loans Servicing, LP (hereinafter
“BAC”
) f/k/a Countrywide HomeLoans Servicing LP (hereinafter
CHLS
) and set forth their affirmative defenses andcounterclaim as follows:
AMENDED ANSWER
 1.
 
Plaintiff files this complaint pursuant to 735 ILCS 5/15/-1101 et. seq., to foreclosethe mortgage, trust deed or other conveyance in the nature of a mortgage (hereinafter called
“Mortgage”) hereinafter described and joins the follo
wing persons as defendants:_________________ANSWER: Owners admit that BAC brings this action to foreclose on a Mortgage, butdenies that BAC has the right to bring an action under the Mortgage.
 
Page 2 of 62
2.
 
Plaintiff has heretofore elected to declare the whole of the principal sumremaining unpaid together with interest thereon to become immediately due and payable and bythe filing of this complaint Plaintiff has confirmed said election.ANSWER: Owners admit that BAC claims that it has made an election with regard tothe Mortgage signed by Owners, but denies that BAC has the right to bring an action under theMortgage.3.
 
Attached as “EXHIBIT A” is a true copy of the Mortgage. Attached as”EXHIBIT B” is a true copy of the Note secured thereby.
 ANSWER: Owners lack information sufficient to form a belief as to the truth of theallegations contained in paragraph 3 of the Complaint especially as the Mortgage is labeledunofficial copy and therefore, Owners deny the allegations. Owners admit that the documentsattached as Exhibit A and Exhibit B to the Complaint purport to be the Mortgage and the Noteand demand that originals of the Mortgage and Note be produced.4. Information concerning said mortgage: a)
 
Nature of the Instrument: MortgageANSWER: Owners admit.b)
 
Date of the Mortgage: ________________ANSWER: Owners admit.c)
 
Name or Names of the Mortgagors: _____________________________.ANSWER: Owners admit, but affirmatively state that ownership by Owners inthe Mortgage is not stated as stated on record title for the Mortgaged Premises.d)
 
Names of the mortgagee, trustee or grantee in the Mortgage: Mortgage ElectronicRegistration Systems, Inc., as Nominee for Countrywide Bank, FSB.
 
Page 3 of 62
ANSWER: Owners deny that the mortgagee is the Mortgage Electronic RegistrationSystems, Inc. as nominee for Countrywide Bank, FSB.e)
 
Date and place of recording: Mortgage Date and Place of recording:_________________ _________
County Recorder‟s Office.
 ANSWER: Owners admit, and affirmatively state that there were subsequent recordingsassigning the Mortgage so that BAC does not have the right to proceed against Owners.f)
 
Identification of recording: Mortgage: Document No. R_____________.ANSWER: Owners admit that the document identified in Section 4e) was recorded asdated.g)
 
Interest subject to the mortgage: Fee simpleANSWER: Owners admit that they are fee simple owners of the mortgaged premises anddeny that BAC has the right to proceed against them.h)
 
Amount of original Indebtedness, including subsequent advances made under themortgage: $_________.ANSWER: Owners admit.i)
 
Legal description of Mortgaged premises and common address (hereinafter
“Mortgaged Premises”):
 __________________________________________________________ Commonly known as ________________________________________ Permanent Index No.:________________________ANSWER: Owners admit. Mortgaged Premises shall also be referred to herein as
“Property”.
 

Activity (4)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
saturday3 liked this
pelliott123 liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->