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Foreclosure Defense Florida

BOMBSHELL! – Banks Not Authorized To Collect Fees in Cases!

bankruptcy-help-pinellasI’ve been screaming for years now that corporations who are not registered to do business in a state cannot proceed until the register and are authorized.   Now there may be a limited exemption/preemption for National Associations, but I have yet to entirely lose that argument.

Google “Compendium of Capacity Cases“, the argument stands for the simple proposition that before a foreign corporation invokes the jurisdiction of a state’s court, it must simply register with the Division of Corporations.   It’s like forcing cars from other states or forcing federal agencies to have license plates on their cars….they may be exempt from each state’s unique requirements but we are entitled to know who is driving on the roads.

Our states and especially our state courts have forgotten that they serve the citizens of the state and that as a condition of becoming attorneys and judges, they took an oath to protect and defend the Constitution of the State.   But all across this country, the national banks have bullied their way into our courtrooms and into our land records but ignored the very basic requirements of corporate law.

This has a limited scope on one state’s bankruptcy proceedings, but the analysis must be expanded to foreclosures and bankruptcy all across the country….

J.P. Morgan was not qualified to use the Arkansas non-judicial foreclosure process when it initiated the foreclosures against
these Debtors. J.P. Morgan failed to comply with the authorized-to-do-business requirement of Ark. Code Ann. § 18-50-117, and nothing in Ark. Code Ann. § 18-50-102, the Wingo Act, or the National Banking Act allowed it to conduct those proceedings without meeting that requirement.

As a result, the foreclosure fees and costs incurred by Chase and J.P. Morgan are not owed by the Debtors, and need not be
included in the Debtors’ repayment plans in order for those plans to be confirmed. Finally, both parties request their attorney fees for pursuing or defending these matters. The Court finds that an award of attorney fees to the Debtors is warranted.