Q: I have a default judgement entered 4 yrs ago, but since that time I found that the security trust had been closed prior.
I have obtained a certified doc from the sec stating that pool and trust were closed before the judgement was entered and the endorsement on the note is a known robo signer ,
The plaintiff recorded the assignment the day after filing the complaint. The trustee could not be the trustee if the trust is closed. According toan agent from the sec, to act on behalf of a closed trust ( foreclose) would be a violation of the order and an IRS violation. Do I have grounds to file a motion to vacate judgement?
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A: If a Judgment was entered against you, it is too late to file a motion to vacate the Judgment. Your property was almost certainly sold at sheriff sale. There is a substantial amount of misinformation about mortgage foreclosure on the Internet. There are major differences between the laws of each state. You should retain an attorney who is experienced in both mortgage foreclosure defense and bankruptcy. Good luck.
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