Once a trial has been conducted, there can never be another trial with the same parties disputing the same facts and issues. The only exception is a court order vacating the judgment AND ordering further proceedings to determine all or some of the facts. The bottom line is that the rules permitting the filing of …
How and Why to File Motion for Reconsideration or Rehearing Read More »
If they had been successful the entire question of whether the Trustee could be named as the foreclosing party would have been off the table — if other courts followed suit. And the entire question of “debt purchasing” could never have been raised despite obvious flaws and defects in fabricated paperwork. Get a consult! 202-838-6345 …
Editor’s Note: Thanks to poster C. Anderson who says, “This is a technically correct but bad decision, as Dayen shows. The statutory language desperately needs to be updated. Until then, consumers should be taught how to exercise proof of claim demands. A consumer has no contract with a debt buyer; an assigned debt for consideration …
David Dayen: Gorsuch’s First Opinion: Let Debt Collectors Run Amok Read More »
Such rulings from appellate courts undermine confidence in the judicial system for those who are victims of wrongdoing and reinforce the confidence and arrogance of those committing the wrongs that they will get away with it. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION …
Judicial Arrogance and Intolerance Keeps leading back to the same point — that TILA Rescission is not common law rescission. Yet Judges continue to rule on TILA rescission as though it were common law rescission. Here again the 9th Circuit confirms what the Supreme Court of the United States has already said — neither tender …
Rescission Redo: 9th Circuit AGAIN Rules that Tender is Not Necessary Read More »
GOOD COMMENT FROM AngellaMorning@aol.com THIS IS SIMILAR TO THE NOTICE TO TRUSTEE AND NOTICE OF NON-COMPLIANCE FOUND ON THE BLOG. THE ATTORNEY IS SUPPOSED TO PERFORM DUE DILIGENCE. IF HE/SHE DID, THEN HE/SHE WOULD KNOW THAT THE FACTS ARE NOT QUITE AS SIMPLE AS THE DEMAND LETTERS, NOTICES OF DELINQUENCY, NOTICES OF DEFAULT AND FORECLOSURE …
