I am not an attorney, but a homeowner like many who have had their homes taken. I am sharing this research because I feel our country is going down the drain. When a country gives these corporate citizens tax money to bail them out and then they foreclose on millions, I find that is an insult to the American people. Have you EVER heard of such negligence and that is what it is negligence! I have sued twice before both cases were dismissed, for Failure to State a Claim for Relief to be granted Rule 12b6. A common defense that is almost always invoked by the bankster's attorneys. I have done much research on this as my case does still continue.
A rule of thumb here is if you can afford it hire a qualified attorney DO IT!
If not then this thread is for you as I have done alot of research and there are many of my friends here that also have. There are a few on here that I know, that have property law knowledge far above the professional.
If you file a suit and there is an invocation on the pleadings for Failure to State a Claim for Relief to be Granted, you must slap it down with your reply pleading. Here is an argument I found that looks quite powerful. Wish I had it last spring. LOL
There is legal sufficiency to show Plaintiff is entitled to relief under his
Complaint. A Complaint should not be dismissed for failure to state a claim
unless it appears beyond a doubt that the Plaintiff can prove no set of
facts in support of his claim which would entitle him to relief. See Conley
v. Gibson, 355 U.S. 41, 45-46 (1957) also Neitzke v. Williams, 109 S. Ct.
1827, 1832 (1989). Rule 12(b)(6) does not countenance dismissals based on a
judge's disbelief of a complaint's factual allegations. In applying the
Conley standard, the Court will "accept the truth of the well-pleaded
factual allegations of the Complaint."
I have more alot more and will post more later.