At 9:00 a.m. on July 12, 2010, in Courtroom H in Pinellas County, Florida a trial will be held where Indymac Federal Bank, F.S.B. will try to foreclose a mortgage and throw a sick 84 year old woman onto the streets.
The only problem is I argue Indymac lacks both the standing and the capacity to maintain any lawsuit against this woman, much less to maintain a lawsuit that threatens to strip this woman of just about all she has left in this world. I attach below a copy of the Motion to Dismiss I filed today. I’ve also attached a copy of the pre-trial conference and several other depositions and transcripts from Indymac other Indymac cases.
The facts of this case make what is being done to this woman especially disturbing. The problem is, this situation is being repeated in thousands of cases all across this country every day. I share these motions and raise these issues in this very public forum because this motion and all foreclosure cases are public records. I’ve been helped immeasurably by the pleadings, depositions and other information that has been shared with me by attorneys and pro se litigants from across the country. As detailed in the Motion to Dismiss, there are very real questions about just who is behind any foreclosure currently pending where Indymac is named as a Plaintiff. Developing these issues for trial, I’m convinced that the bright lights of full public glare need to be focused on the conduct of the Plaintiffs that are bullying Americans in courtrooms all across this country.
These important issues will obviously be developed more as this trial progresses, but for now, I want to encourage all attorneys and litigants to pursue the issues identified in these attachments and please share with me any comments or suggestions. I especially want to draw everyone’s attention to the transcript of the pre-trial proceedings. It’s frankly not often that these foreclosure cases go to trial, but the issues framed in this pre-trial hearing are important for every litigant to consider.