Rule 120 click on link!
Case Number 2012CV000415 PNC Bank National Association vs ME
Yes, I too had a RULE 120 HEARING on May 11,2012 in Douglas County District Court with the Honorable Judge Paul King. A rule 120 hearing is VERY Narrow in Scope as I was told by Both the Judge and The Lawyers (Michael MedVed) for PNC Bank National Association, Assigns,etc.
I had been tired of all the foreclosures in my Neighborhood, the Short Sales, and the family stories of what was happening right now. I decided to take a stand against “BANKSTERS” and I will be the first to admit, not at all sure this fight was going to be worth it. The COST was very great as I could loose my home in this process.
How else does a HOMEOWNER fight UNCLEAN HANDS? Well I strongly believe that it starts with SOMEONE and well that someone is ME. I decided to FIGHT. I read alot of information on the internet regarding a rule 120, talked with alot of lawyers, and researched alot of information from the County Clerks office.
On Court day I was a nervous reck as you can image. Not at all sure about ANYTHING in court, how things would go, what the procedures were, etc. I was taking a Stand though, and I had strong information to bring before a Judge.
The Lawyer’s Rep (from Michael Medved) was there representing PNC bank. She greeted me before we went into the court room. She handed me a “PAPER” to look over saying she always liked to show folks before they went into the court room. Hummmm It was the Original NOTE signed by me and she pointed out “BLUE INK” signature.
Hummm. . . I guess that was presented to me for 1 of 2 reasons: One if I thought my defense was the PRODUCE the NOTE, well she wanted me to know she had it, or TWO to intimidate me prior to going into court.
We went into court and I asked her where I was to sit? She said you’re the DEFENDANT, so you sit there. Ok, not really knowing much about Court, I thought asking where to sit was a good question.
As the Court or proceeding began, both the lawyer and Judge pointed out to me that this Rule 120 was VERY NARROW. I could see that already because I thought I had 1 hour but when I arrived at court there was 1/2 hr scheduled for my hearing and someone right after me. The Lawyer explained, well normally these cases go pretty fast and the Judge may have thought 30 mins was enough time.
The Lawyer did her “thing” talking about the original NOTE for 2002 and Deed of Trust and the Adj rate rider. She brought on the PHONE a Mortgage Officer for PNC to talk about my loan,history,etc. Than the Judge asked me, do I have any questions. Yes, your Honor, I do have 1 question. Ok he said come up here since the Speaker phone was on his desk.
I introduced myself to TJ ( the PNC rep on the phone) and reminded him that he was in a Court of law and it was in fact the Honorable Judge Paul King’s Court. He said he knew that. OK my question. . . . Am I in a FIXED RATE Mortgage or an ADJ rate Mortgage?
He sighed a bit and hesitated… well he said “this note is an Adj Rate Mortgage”. Not really my question, but either way, his answer was INTERESTING.
I had been working with Douglas County Housing Partners and HUD in the last 2 months. It seems that PNC MORTGAGE/BANK/MERS told HUD I was in a FIXED RATE MORTGAGE and in fact that Mortgage was a Loan modification. Hummmm I had check with the Clerk and Recorder in Douglas County and there was no recoding of a LOAN MODIFICATION or this fixed rate mortgage.
So HUD KINDLY sent DCHP an email with the notorized Loan modification that said it was recorded in Douglas County with the new terms,deed of trust that is ( well how can I put this FALSE) recorded with the UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT.
I present that information to the Court and the Honorable Judge Paul King. and I gave a copy to the Lawyer. This Loan modification was dated Aug,2010 and the DEED of TRUST (false) said it was recorded in Jan 16,2001.
Not the 2002 NOTE that the Lawyer had filed a Foreclosure on that was recorded. My evidence was strong, fit in the NARROW scope of a RULE 120 Hearing. The Judge denied the motion. AND still the Lawyers are ALLOWED to file a continuance with Douglas County Clerk and Recorder.
I gotta SAY Judge Paul King was an HONEST Judge. He may not have liked the fact that I was unrepresented, or that this was a Rule 120 hearing which is mostly always approved, he may have even had his own ideas about Defaults, but he listened and looked at the evidence, and made a decision based on what he heard and saw. That is all I could ask for in a Judge here in my town!
Hummmmmm. . . .