1st STEP NOW: M/Rehearing or Reconsideration

October 1, 2010

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Don’t back off now. Most of the lawyers never had to deal with hair splitting like this before. But no matter how fraudulent and atrocious the behavior of the foreclosers, if you don’t follow the rules, you are screwed. Unless I missed the point, you want the other side to be screwed.

A Motion for Re-hearing is NOT allowed unless specifically allowed in the rules of civil procedure. It is usually provided for in the form of a ten day period after the entry of an order during which you can raise issues you think the Judge got wrong etc. If you are in that 10 day period (or whatever the period of time is allowed in your jurisdiction) file now, because the time limit is normally strictly enforced.

A Motion for Reconsideration can be filed at any time and for all intents and purposes is a substitute for the formality of an appeal, usually when the time for appeal has run out. In the motion you can raise new evidence or anything else you like. Judges don’t like to reverse themselves, but there is a growing body of evidence they are doing exactly that. It is on the Motion for Rehearing or Motion for Reconsideration that the tables get turned and the banks are sent running for cover. I think the reason is that if the motion is drafted properly it is directed to only 2-3 clear points that are plainly outside the bounds of the rules of evidence or procedure — like the lack of personal knowledge of the signer of an assignment, affidavit, substitution of trustee etc.Once the Judge actually reads the documents he or she will conclude on their own that the affidavit, assignment or transfer is suspect.

A Motion to Vacate is filed because of the allegation of fraud upon the court or some new facts that would shock the conscience of the court and make the Judge see the light.

A Notice of Appeal is filed usually within 20-30 days of the entry of a final order, or a shorter time if it is an interlocutory appeal, which appellate courts don’t particularly like. In fact with only 15% of appeals being successful it would be accurate to say that appellate courts don’t like any appeals. Some lawyers are highly successful on appeal. The simple reason is that they understand that a challenge to the discretion of the trial judge is almost certain to fail, whereas a challenge that is based upon improper procedure or exclusion of evidence that prevented the case from heard on the merits is almost certain to succeed. Biggest mistake on appeal: thinking that you can get the court to retry the case. Second biggest mistake, is not citing to specific places in the record where your points are supported by actual facts rather than representation of facts. Third biggest mistake is not preparing a proper record on appeal. Don’t rely entirely on the clerk. You may have to reconstruct parts of the record that were not transcribed. this is possible but you need to know what you are doing.

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9 thoughts on “1st STEP NOW: M/Rehearing or Reconsideration”

concerned
November 3, 2010 at 9:23 am

Leslie had posted a link here that had information on certain individuals an companies. That link is no longer good. Could you provide a new link or some way to contact you ?

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Deb wynn
October 3, 2010 at 6:30 pm

So all the money they stole where is it. Offshore. Where offshore

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leslie
October 2, 2010 at 3:44 pm

Anyone needing some investigative information regarding the following lenders, brokers, servicers, foreclosure mills, Title Companies, officers and notaries:

Goldman Sachs
Litton Loan Servicing
HSBC
Fremont Reorganizing
LPS Title Company
The Wolf Firm, A Law Corp
Marti Noriega
Debra Lyman
John Crandall
Brenda Mckinzy
Leigh Blackwell
Daniella Marie Garrett
Melissa Bell

Go to the link below:

https://fdaaccount.box.net/shared/a1pjz9sz5c

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neidermeyer
October 2, 2010 at 5:39 am

It would seem to me that in short order, given the above scenario, the whole foreclosure story would be a tale folks tell their children at bedtime for generations to come. No one would have standing to foreclose, and we’d all live happily ever after, after gaining quiet title. Lions and gazelles would frolic and rainbows would fill the sky.

Any chance of this?
*********************************************************
Depends on the administration , Wall Street elected Obama but they have proven to be more powerful than him so they have become a target… Will Obama throw out his big trump card , owning the majority of the nations mortgages through FRE and FNM , to take them down?

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BSE
October 1, 2010 at 10:56 pm

Now they may come up with a scam to fix this mess. What happens next ? I would not put this past the government to soon intervene with a new law to protect the guilty.

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pelucheven
October 1, 2010 at 9:39 pm

This is the time to push even harder
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Connecticut halts all foreclosures for all banks

blumenthal2.JPG
(Photo Credit: Jessica Hill/AP)

Connecticut Attorney General Richard Blumenthal on Friday ordered a moratorium on all foreclosures by all banks for 60 days–the most radical action taken by a state on issue of document irregularities.

California also expanded the moratorium on foreclosures it announced last week on Ally Financial foreclosures to include those by J.P. Morgan Chase.

Calling the companies’ review of key foreclosure documents “a ruse,” California Attorney General Jerry Brown (D) ordered J.P. Morgan to prove it is following the law before it continues foreclosures in the state.

Both J.P. Morgan Chase and Ally have frozen foreclosures in 23 states because some employees had signed off on foreclosure paperwork without properly reviewing the files.

Colorado and Illinois have stopped foreclosures by Ally and at least seven other states have launched probes into the issue. But Connecticut is the first to institute an industry-wide ban.

in Connecticut, Blumenthal said in a statement that he is investigating J.P. Morgan Chase and Ally, formerly GMAC, which is the recipient of a $17 billion federal bailout and majority-owned by the U.S. Treasury, as well as other lenders.

He said the actions of J.P. Morgan and Ally are a “possible fraud on the court undermining the integrity of the legal process and consumers’ ability to fight foreclosures.

“This freeze should stop a foreclosure steamroller based on defective documents and enable effective remedies,” Blumenthal said.

Ally Financial had already voluntarily suspended evictions and resales of homes in 23 states that require a court order for foreclosures. J.P. Morgan’s actions were a bit broader–the bank suspended all foreclosures in the same 23 states. Connecticut was on the original list of 23 but California was not.

Both Blumenthal and Brown are running in high-profile races for higher office in their respective states in the Nov. 2 election — Blumenthal for U.S. Senate, and Brown for governor.

Complete coverage in The Washington Post:

Sept. 20: Ally suspends evictions on foreclosed homes in 23 states

Sept. 21: A single Ally employee, Jeffrey Stephan, signed over 10,000 documents a month without reading them

Sept. 22: Fake documents, forged signatures plague foreclosure system

Graphic: ‘Robo-signer’ Linda Green’s changing signature

Who is Jeffrey Stephan anyway?

Sept. 23: Mortgage documentation problems could affect other states not included in Ally’s 23-state moratorium

Sept. 24: Lawmakers question Fannie on ‘foreclosure mills’

Document: Letter from Congressmen to Fannie Mae CEO

User poll: What should happen to foreclosure documents approved by “robo-signers?”

Sept. 28: Luis Fernandez’s foreclosure documents never looked quite right

Sept. 29: As J.P. Morgan Chase freezes foreclosures, pressure on the rest of the industry

Sept. 30: OneWest Bank employee: ‘Not more than 30 seconds’ to sign each foreclosure document

Sept. 30: U.S. regulators order Bank of America, Citibank, HSBC, PNC Bank, U.S. Bank and Wells Fargo to review procedures

By Ariana Eunjung Cha | October 1, 2010; 2:41 PM ET
Categories: Housing

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usedkarguy
October 1, 2010 at 9:08 pm

A motion for hearing “counterclaims maturing after pleading” may be allowed. Especially now that all these “revelations” are occurring.

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frankielee
October 1, 2010 at 7:59 pm

Question….if in fact cases continue to show the fraud, over and over, and the banks end up standing naked, all of their fraudulence dangling, exposed for the whole world to see, what then? If the jig is up, and we, they, and everyone knows they have no standing to foreclose, and at the same time the investors have no way of perfecting their claim….what happens then?

It would seem to me that in short order, given the above scenario, the whole foreclosure story would be a tale folks tell their children at bedtime for generations to come. No one would have standing to foreclose, and we’d all live happily ever after, after gaining quiet title. Lions and gazelles would frolic and rainbows would fill the sky.

Any chance of this?

Reply
THE A MAN
October 1, 2010 at 6:48 pm

CRIMINAL CHARGES AGAINST THE JUDGES. TAKE THEIR SALARIES AND PENSIONS AWAY. THE JUDGES ALLOWED THIS ALL TO HAPPEN. THEY ARE EDUCATED AND THEIR IS NO WAY THEY DID NOT KNOW WHAT WAS AND IS STILL HAPPENING.

TO THE JUDGES WHO LAUGHED AND ARE STILL LAUGHING AT US.

HE/SHE WHO LAUGHS, LAUGHS LAST.

CITY OF BELL CASE STUDY. WE NEED TO SHOW UP AT CITY COUNSEL MEETINGS. I DO NOT KNOW HOW TO DO IT.

FACEBOOK PAGE FOR NEIL GARFIELD THE SECOND PHASE OF SUCCESS. GET THE GOSPEL OUT TO AS MANY PEOPLE SOCIAL NETWORKING.

NEIL GARFIELD AND COMPANY MAY G-D GIVE YOU MORE STRENGTH AND COURAGE

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