Q: I have been in a foreclosure battle for 6 years. The plaintiff/ trustee changed attorney with out notice. Is this legal?
original complaint 2009, received a judgement in 2010. Since that time I have obtained proof that the plaintiff trust no longer exists. The trustee is acting and foreclosing on a securutized mortg. but the trust has been closed since 2008,PRIOR to the complaint and judgement. I obtained a certification of this from the SEC, in addition the original lender MLMI was sold to BoA prior to the judgement. now I've received a notice of amended judgement from a different attorney than the original, without notice. Can I file an amended answer since there is an amended judgment? And should I have been notified of the change in attorney?
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A: Anyone in any type of litigation does not have to give the other side notice when changing an attorney. If there is an amended judgment, it is far too late to file an answer. You need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. The lenders all have attorneys, and the only way that your case will be taken seriously by them is by retaining an experienced mortgage foreclosure defense attorney. The defenses to mortgage foreclosure in NJ are much more limited than in many other states. There are numerous options that are available to you, but only a complete review of all documents by an attorney will enable you to receive the correct advice.
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