The shadowy and shifty nature of these Plaintiffs who enter evidence in the name of one party, then either move to substitute in another party or worse fail to advise the court that the named party no longer has any interest in the case is a pervasive problem that we’re only now starting to come to understand. This issue is important enough when we can at the very least identify who or what the corporations are, but this is particularly important in the mortgage foreclosure context where Plaintiffs are merging, being taken over by the FDIC or other federal agencies or who are otherwise shifting or morphing from one version of their former self to some other equally vague and nebulous form. We all should be paying attention to all Motions to Substitute Party Plaintiff , especially when these are ex parte.
Exactly Who Are We Negotiating With? Who Are We Litigating Against?
We should also pay careful attention to Assignments of Bid and confirming that the Certificate of Title provided by Plaintiffs as part of their Summary Judgment Packages matches up exactly with the Plaintiff whose name appears in the case. What appears to be happening in cases all across the country is the names of the party who receives the judgment, was apparently not entitled to receive that judgment.
LET’S ALL KEEP IN MIND THAT WE’RE NOT TALKING ABOUT SMALL MONEY HERE…WE’RE TALKING BILLIONS OF DOLLARS IN JUDGMENTS THAT ARE BEING ISSUED TO ENTITIES THAT WE HAVE NO IDEA HOW TO IDENTIFY, HOW TO SERVE, WHO REALLY HAS AN INTEREST IN THESE PROCEEDINGS.
Addressing these problems is a complex and decades long problem….the first step to addressing them is found below: