See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551 when a foreclosure is noticed and conducted for one party by another, the name of the principal must be disclosed in the notice. the plaintiffs themselves recognized that they needed assignments in recordable form explicitly […]

Tags: accounting, agent, ARIZONA, authorized agent, creditor, disclosure, discovery, financial double jeopardy, foreclosure defense, HOLDER, holder in due course, Ibanez, Judge Long, Larace, Massachusetts, mediation, modification, Ohio, pretender lender, principal, right to inquire, rules of engagement, third party payments, vacate
Posted in bubble, Corruption, Eviction, securities fraud |

The mistake I detect from those who are not faring well in court is the attempt to treat preliminary motions and hearings as opportunities to prove your entire case. Don’t talk about conspiracy and theft, talk about evidence and discovery. every debtor is entitled to know the identity of the creditor, the full accounting for […]

Tags: creditor, David Stockman, DEBTOR, evidence, evidentiary hearing, Federal reserve, full accounting, identity, mediation, modifications, New York Times, off balance sheet, off shore, reconciliation, yield spread premium
Posted in bubble, Corruption, Eviction, securities fraud |

See AOSC09-54_Foreclosures. A good step in the right directions. I would add that you should be very careful that you don’t get trapped into the “lender narrative.” The Judges are going to very receptive and even enthusiastic about referring these cases to mediation, so don’t annoy them with motions, pleadings or hearings that attempt to […]

Tags: administrative order, discovery, Florida, forensic analysis, intake form, interrogatories, mediation, request to produce, Supreme Court, TILA audit
Posted in bubble, Corruption, Eviction, securities fraud |

The real story with real solutions or at least partial solutions. Sheriff Green started all this. Bravo. Now start thinking of all the profits, transfers and records that should have been reported, filed and taxed and the state budget problems will be over. November 18, 2009 Philadelphia Gives Homeowners a Way to Stay Put By […]

Tags: Bank of America, Christopher Hall, foreclosure crisis, mediation, Ny Times, Pennsylvania, Peter Goodman, Philadelphia, records, Sheriff Green, state budgets, taxes
Posted in bubble, Corruption, Eviction, securities fraud |

It is a step in the right direction June 19, 2008 Court Offers Homeowners Help Avoiding Foreclosure By JOHN ELIGON Homeowners in New York who face foreclosures would be offered help by the courts to save their homes or at least make the overall process easier under a new program announced on Wednesday by the […]

Tags: Charles Schumer, FHA, Judith Kaye, mediation, negotiation, New York State
Posted in Eviction |

  IN THE SUPERIOR/CIRCUIT COURT OF THE CITY OF xxxxxxxxx LOCATED AT xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx OF THE COUNTY OF xxxxxxxxxxxxx OF THE STATE OF xxxxxxxxxxxxxxxxxxxx. Your Name   VS Trustee Name 1st Mortgage Name 2d Mortgage Name   VERIFIED EMERGENCY MOTION TO SET ASIDE JUDGMENT, CANCEL SALE AND DISMISS ACTION FOR FAILURE OF JURISDICTION AND LACK OF […]

Tags: Cancel sale date, Emergency Motion, Emergency Petition, foreclosure defense, mediation, standing, TILA, Vacate foreclosure judgment, vacate judgment eviction
Posted in bubble, Eviction |

The problem for homeowners is that however many ideas are put forward they won’t be effective in time to save most people, they won’t be in time to save the economy, and they won’t be in time to save our currency from further wrenching devaluation. It is the fierce urgency of now that cannot even […]

Tags: civil procedure, foreclosure defense, lawyers, mediation, Supreme Court
Posted in bubble, Eviction |

Paulson’s comments yesterday were inappropriate. He just doesn’t get it. He is arguing for hitting the iceberg and then let the deadly water take care of the problem. The ship is the American economy. And the waters are a legal system that assumes, all things being equal, that the process of foreclosure, eviction and losses […]

Tags: attorney general, bailout, congress, judicial system, mediation, Paulson, States
Posted in Corruption, Eviction, securities fraud |