Bagels at a Bar Mitzvah

ellaroot

LoanSafe Member
Oct 25, 2013
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Thanks Wanda, you're a peach. I downloaded the brief.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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I am sure if Isisis really wants to, she could be litigating pro se. That way she can litigate forever without worrying about legal fees.
When I had my judgment, I did not know the appellate procedure, did not even know how to cite cases but after spending time researching I was able to do the appeal myself. No attorney would have the gut to write the brief the way I do, just the way I want it. And the appeal court is also bought the the banks , I can motion for reconsideration then petition to the state SC. They would not attempt to sell the house even if BOfA wins because they may not prevail in the Federal court and I'll suffer damage when the house is sold. Can not file fraud due to wrongful foreclosure if the house is not sold, taken over (no damage).
 

TXWilly

LoanSafe Member
Mar 21, 2013
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Hola People. Hope all are doing fine...
I see some +ve news from Isisis. Hope others get to win their cases too to a +ve outcome.

My case got some interesting turn. When I thought I completed all my legal fights, a pending appeal was due and Court clerk/judge ordered me to file a appellant brief and I filed and the opponent (appellee/defendant) DID NOT file any reply/appellee brief and the now it has been 20+ days beyond the deadline. I should get default reversal or still the judge has the control? *This is the appeal from BK decision to Federal Judge (US district court) where it has gone to 2 judges with very good rating in therobingroom.com
 

moretrouble

LoanSafe Member
Nov 14, 2009
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In case you do not prevail on the appeal, file a tort action and demand trail by jury (don't trust judges anymore). I know of one pro se who lost on appeal 2 years ago, still in the house because the tort case is going, bOfA still not want to sell the house because selling the house would be an injury to the plaintiff in the tort action.
 
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TXWilly

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Mar 21, 2013
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MT, Thanks for your reply/answer. I have to wait and see and I have expose all the fraudulent actors /parties/lawyers/even judges in social media, FB, Twitter and also created a website with all their legally allowed pictures and questioning them as well as the LEOs, and others "politely with allowed legal anger". And my opponent's attorney got his home damaged few months ago in a tornado and he is/also busy with that work. And this ABA rules which makes more stricter scrutiny by attorneys for their client's fraud etc which will make any one who represent fraudsters to be more careful before taking them as their clients. Few lawyers told me that if no opposite briefs, the judge has to decide on the documents/case and also on the brief by me which includes few specific caselaws applicable to BK which the BK court ignored as well as the overall fraud and warnings to the buyer after his purchase of my home etc..... Thanks again..
 

wanda robo

LoanSafe Member
Sep 29, 2012
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I love you guys, for the hundredth time.

I will always hook up anyone who wants to be. I won't ever give your info, just me, because I swore I wouldn't. If you want I can add you to what isisis, krafty, tadias & One huge mess & I talk about.

I did something nice & good for my daughter, in my desperation. I bought her a flower, made her re pot it, she's watering it & nursing it. She may have to finally cave & go on unemployment, but we'll see. Bad timing, just when she's starting classes for her Master's Degree.....


Life is trying to be good & back to normal(although it's never been normal in Jersey.)

Hope everyone is happy, safe & healthly. I love & cherish you all so much.

Me.
 
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isisis

LoanSafe Member
Jun 22, 2010
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I am sure if Isisis really wants to, she could be litigating pro se. That way she can litigate forever without worrying about legal fees.
When I had my judgment, I did not know the appellate procedure, did not even know how to cite cases but after spending time researching I was able to do the appeal myself. No attorney would have the gut to write the brief the way I do, just the way I want it. And the appeal court is also bought the the banks , I can motion for reconsideration then petition to the state SC. They would not attempt to sell the house even if BOfA wins because they may not prevail in the Federal court and I'll suffer damage when the house is sold. Can not file fraud due to wrongful foreclosure if the house is not sold, taken over (no damage).
More Trouble,

Remember that I'm coming at this from a different angle than the rest of you. I'm trying to demonstrate that they breached the loan contract itself and consequently can't enforce it. This is a very difficult thing to convince a court because they have to modify the way they look at things. It's particularly difficult when a homeowner hasn't made payments in ten years.

The Court sees one thing: the borrower owes money and hasn't paid and thereby under the contract forfeits their home. The courts can't seem to conceive of a circumstance in which a defaulting borrower doesn't owe that money. Even though in any contract obligations are owed by both parties and either party loses their rights if those obligations aren't met.

I've studied late into the night for years to get a solid grasp of contract law, the Restatement, the scholars, statutes, and case law preparing for this.

But I can't go in there and cowboy it; the trial court would have me for lunch. They aren't going to listen to a pro se explain Restatement to them and argue contract law fundamentals. They'd resent me for it, become deaf and let my house be sold. Sure I could appeal and eventually they'd have to deal with actual legal doctrines but only after irreparable damage was done.

Here's the thing, the bottom line: they can't have my home. Period. I've been here thirty years and still have a lot of equity and I'll do whatever it takes to stop them. And they're going to fight hard because they don't like me for standing up to them and they can taste that equity.

The law's a good ole boys club, I needed representation so there was someone who spoke their language, knew the unspoken rules that always exist in societies like that.

Also unlike all of you rocket scientists, civil procedure confounds me.
 

isisis

LoanSafe Member
Jun 22, 2010
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Krafty, I think you are concerned with 24/7 where I am concerned with going to the store and temporarily wearing one in public. (I keep bandanna and handsanitizer in the car. ) I use a bandanna and I tend to look like a bank robber. It's easier to breath that way and still reduces droplets expelled from breathing. Even though the virus is teensy tiny, the cloth confines the droplets (which contains virus) to prevent an escape. I rotate my bandanas. They are handled with care and washed after use.

I agree that people with health/lung issues should take your advise, but I would also want them to have assistance to avoid having to go get groceries and such. It's risky out there.

Also, I've seen misinformation before. I even reported some here and felt compelled to come back to correct it. UPS gave out misinformation to their employees. You would think an employer of that size would not want their workers sick. But. Yes, that's what they got. Of course they aren't going to advertise that. Big corps putting money first.

Also, I'm wondering if this virus didn't start in November. My sister-in-law has ebay biz and always orders her gifts from China and brags about her "deals." (We did get pearls one year.) I think the virus was around for longer and China hid it due to economic losses that they might take losing out on Black Friday and Christmas orders. We all got these gifts still in plastic over holiday. I suspect at least one or two of the 30 or so items she gave as gifts may have been potentially infected. My daughter got sick almost exactly 2 weeks later. :(

(I'm trying not to get political, just saying what I see, comparing notes.)
I have an eBay business too and often get the raw materials (sterling silver) I need from China. I found myself waiting a couple of weeks before opening the packages recently, perhaps needlessly since even if the virus had at one point been on the items more than enough time had passed for it to no longer be an issue.
 
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kraftykrab

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Jan 27, 2014
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hey all,

There's a brand new case out of the 4th DCA in CA that, while rather narrow in scope, could prove useful.


In a nutshell, the DCA ruled that the homeowner should have been granted leave to amend, even though the trial court denied it. Plaintiff--the homeowner--filed a complaint that said the loan was sold by WaMu three years prior to the Chase takeover of WaMu. Therefore, Chase could not have owned the loan. In this case, Chase later "sold" the loan to US Bank Trust in 2011, and so on and so on. The net result was that she alleged in her complaint that a party with zero actual interest in the note or DOT ended up foreclosing on her home.

I'm sure none of us has ever seen that happen before, right??

The DCA's ruling even mentioned Yvanova, and agreed that a borrower has the right to challenge the foreclosure when they can support the allegation that the foreclosing party has no standing to foreclose. Remember, the consumer does not owe the debt to the world at large, so make them prove it. In this case the trial court relied on the P&A agreement between Chase and FDIC. The DCA correctly stated in its ruling that the P&A did not include a list of all assets involved.

The whole basis is a wrongful foreclosure complaint--or actually, she styled it differently but that's how the DCA viewed it. And despite Chase's best efforts, the DCA said that she has the right to amend her complaint.

This one in the end may not end up going anywhere. In my view, she needs to be able to substantiate through admissible docs and evidence that a sale did actually happen in 2005. If she cannot, this will be a rather short trip for her. But if she can, then at least the DCA has shown it's paying attention to that, even if the trial court might not.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
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Also hope, you are all aware of the recent ABA rule amendments which requires more scrutiny/responsibility by the attorneys for their client's fraud.

https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-491.pdf

View attachment 160
Willy, wish I could like that one twice. Thanks SO much for this.

This is precisely the situation I find myself in---where the attorney is lying to the court. The attorney herself actually sent me copies of correspondence from her "client", the servicer....showing the servicer itself lying to me. She sent me this correspondence with a cover letter saying that she rejected my challenges and that her client stands by its responses---the very same lies and contradictions that I challenged with her in the first place. So she cannot pretend she was not aware. She also did not do any investigation whatsoever---I have recorded phone conversation where she actually said to me that she only provided to me what her client gave to her. So, she knew she had false statements on her hands, and chose to do nothing but rubber-stamp them and pass them on. She also relies on those rubber-stamped statements and claims before the court, not just to me.

Remember too, each state has its own rules of professional conduct, but most if not all of them have adopted the ABA's standards into it. So, check your state's RPC, which is the laws governing attorney conduct. If your state, like mine, has basically just adopted the ABA rules, then it's a direct fit for this new interpretation. Also, don't forget that this is really just a clarification of ABA rules that have already been in effect. This can give rise to a motion for sanctions because opposing counsel is not acting in good faith, or worse, has deliberately been derelict in their duties--and even intentionally misled the court. Fraud upon the court is when an attorney knows they are stating false info but they state it to the court anyway. An attorney is in the position that because every statement they make, and every document they file, is as though it is under oath. Therefore, when you can prove they were aware of a false claim by their client and they presented it to the court anyway, you've got to push that issue.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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Watched the Minneapolis video. Really pissed me off. Ordinary people got prosecuted for forgery of $1000 check. Banks and their attorneys get away with forgeries to steal houses worth billions.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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Watched the Minneapolis video. Really pissed me off. Ordinary people got prosecuted for forgery of $1000 check. Banks and their attorneys get away with forgeries to steal houses worth billions.

I just don't understand people, I guess. Everyone came together, "sheltered in place" for what seemed like an eternity, only to have all hell break loose.

This poor man's family has begged people to come together. It's quite obvious the cops broke the law.

Now all we get are riots. I'm sorry, they're not protests, protests are peaceful and these people who are rioting could care less about what happened to this poor man. They are rioting for their own agenda.

Maybe Congress should have thought twice about giving people a $600 a week gift for being on unemployment. "Yeah, let me use my extra $600 to buy matches & bats, and anything I can, to hurt & destroy".

It's disgusting.

Does anyone know if Johnny Depp, by any chance, is selling his "private island"?
 

isisis

LoanSafe Member
Jun 22, 2010
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Got a preliminary injunction yesterday. Whew! That's going to take some of the sport out of it for the mock executioners. It will also be a source of sad disappointment to the SUV driving house hunters scoping out my property and annoying me in their spare time. Unlike a TRO the bank is compelled not to schedule sales during the case.

I pulled a sympathetic judge. Went before him once in my mercifully brief stint as a pro se. A soft spoken, kindly older gentleman, the sort who'd be wearing a fuzzy sweater and you'd be passing the stuffing to at Thanksgiving dinner.

Even so I no longer expect anything approaching justice. At this point it's all but impossible. Even if the bank were to say, "We feel awful about trying to steal your house so here's title free and clear" they couldn't give me back the last ten years of my life absorbed in the effort of thwarting them. Even monetary damages can't turn back the clock.

No, the bank will no doubt have their pound of flesh. The best I can hope for is better terms and that's essential now with the devastated economy.
 

arrgy

LoanSafe Member
Apr 19, 2019
12
3
3
I just found out, almost by accident I guess, that my FHA loan fell into the DASP hell hole. Did anyone have any success in arguing that your loan never should have gotten to DASP in the first place because the FHA guidelines were not filed? Technically the trust that owns the mortgage, shouldn't own it, it should be back with my original lender. My new trust is foreclosing on me because I broke the loan modification and I owe around 10K in default. At this point, cause i like the house, I might just say F-- it and do Chapter 13. My credit is so shot anyway, it aint worth the fight.
 

isisis

LoanSafe Member
Jun 22, 2010
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I just don't understand people, I guess. Everyone came together, "sheltered in place" for what seemed like an eternity, only to have all hell break loose.

This poor man's family has begged people to come together. It's quite obvious the cops broke the law.

Now all we get are riots. I'm sorry, they're not protests, protests are peaceful and these people who are rioting could care less about what happened to this poor man. They are rioting for their own agenda.

Maybe Congress should have thought twice about giving people a $600 a week gift for being on unemployment. "Yeah, let me use my extra $600 to buy matches & bats, and anything I can, to hurt & destroy".

It's disgusting.

Does anyone know if Johnny Depp, by any chance, is selling his "private island"?
You're right Wanda, this isn't just about George Floyd's murder. Injustice has a tendency to invoke outrage and that spark kindled the pent up and justifiable anger at the treatment of black people. Then it ignited a powder keg of frustration at the loss of life and livelihood from the pandemic and everything burst into flame. Mob rule took over and crazies and the criminal element came out of the woodwork.

California has become a battle zone. In the nearby sleepy city of Santa Rosa, here in bucolic wine country where aside from wildfires life's too easy to get mad about anything protesters were tear gased after closing down a eight lane freeway. Two banks were burned to the ground in La Mesa. San Francisco and Los Angeles are under a citywide curfew overnight and the National Guard is en route to help police quell the violence.

The rest of the world watches the trainwreck as the erstwhile superpower already humiliated by its inability to protect itself from the coronavirus now dissolves into civil unrest. Russia condemns the "lawless conduct and unjustified violence from U.S. law enforcement" and expresses solidarity with the protesters. China asks, "Should Beijing support protests in the U.S., like you glorified rioters in Hong Kong?" People are marching in solidarity with the protesters in London, Jerusalem and Berlin.

WTF happened to our country?

We are behaving very badly.

I can't breathe.
 

just_me

LoanSafe Member
Sep 14, 2015
637
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You're gonna love those National Guard tanks. Oh, and the MPs (or whoever) in riot gear going through residential streets in formation shooting paint guns at people on their porches before curfew even starts. At least paint balls are better than rubber bullets and tear gas. :rolleyes:

Congrats on the injunction!
 

isisis

LoanSafe Member
Jun 22, 2010
1,793
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I need to walk back some of my comments from yesterday. I fell for sensational media. It looks like protesting produced some positive results as well.

 

moretrouble

LoanSafe Member
Nov 14, 2009
1,486
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From the news:
"On May 25, four Minneapolis Police Department officers responded to a 911 call reporting that Floyd had allegedly used a fake $20 bill to make a purchase at a local Cup Foods. " Police promptly responded.

But it's perfectly acceptable for Bank of America, its law firms, and attorneys to forge a note to steal a $500K house with the blessing of a judge. Maybe we all should organize a protest.