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Foreclosure Defense Florida

An Epic Battle- Indymac Fighting To Throw an 84 Year Old Woman Onto The Streets

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.

indymac-case-weidner-lawThese 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.

Indymac v. Davis Motion to Dismiss

Indymac v. Davis Pre Trial Transcript

Indymac v. Machado Deposition

Indymac v. Malerman Deposition

One Comment

  • JAGREC says:

    Matt:

    I read the pre-trial transcript. If I had to bet, I would bet that the case will either get dismissed OR if it heads to trial, the representative for the bank that is flying in from Texas will be a NO SHOW at 9AM on trial day. No show, means YOU WIN. Best of luck. I also sensed some fear of heading to trial in oppossing counsel’s demeanor. Especially, when she asked for a Summary Judgement Hearing when it had already been ruled on. Again, I think that you will win at trial due to the bank’s rep’s failure to appear at trial. Then, the bank will attempt foreclosure again by filing a new lawsuit under the so called “subsitute counsel.” Just another example of banks and their foreclosure mills disregard for the court’s limited resources. Let us know how it all works out. Good luck and kick ass!!

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