Over the last several years, most of my clients have come to my office sometime shortly after being served. But all of that has changed in January 2013. Over the last several weeks, most of my new clients have been people who got served months or years ago, but are now getting Notices of Summary Judgment or Notices of Trial.
THESE NOTICES REPRESENT THE END OF THE LINE FOR HOMEOWNERS…..
AFTER YEARS OF HANGING IN SUSPENDED ANIMATION…AFTER YEARS OF NOT FACING REAL THREAT, NOW THE THREATS ARE VERY REAL……
Yes, you may be entitled to some settlement money, compliments of the settlements, but they will be mailing those checks to homeless clients….
Remember fraud makes it all void… if they had fraud in the making of loan, servicing of loan or service of foreclosure etc.. it is all void. Contract broken by bank = no contract no meeting of minds. Laws broken = laws broken. How egregiously is case by case. What do you think – go after the bank before they go after YOU????
Ever argued that one in Court? That’s not the reality of what’s going on. That’s a fantasy of people who think magic words will get you out of your mortgage.
Of course all the appraisals were fraudulent. Of course the property values were artificially inflated to rob the country. The Court won’t hear it. They don’t care.
Watch Mr. Weidners oral arguments before the 2nd DCA last year, which could have been a huge case, which went something like:
“Has your client paid his Mortgage Mr. Weidner?”
“That’s not the issue, the bank hasn’t proven that they have standing to bring this action.”
“But just to be clear, your client is not disputing that he hasn’t paid his mortgage, correct?”
This is very easy to say Darla, and it sounds so simple and easy. the problem I see in California is that the BK judges simply say ” whoever has the note, gets paid”. End of conversation.
If you have any help on this, please by all means let me know soon.
Plus if there was no consideration, there was no contract. People are getting sued by plaintiff’s that cannot show that they ever transferred any money to anyone.
Yes, I did sue the Bank of America in 2005, and what? Judge is shareholder of BOA dismiised the Case without ANY Hearing, a USCOA11 said it is O.K.! Now they back after me under fictitious name Wells Fargo Bank, they lost Case (begging to dismiss “voluntary”), my counterclaim & 3rd-party claim are IGNORED. JUDGE JEAN M. JOHNSON IS JUST CLOSED THE FILE AND COMMANDED THE CLERKS DO NOT ACCERT ANY PAPER FROM ME. BUT I’M GO NOWHERE: I NEED MY DAMAGES NOW. I FILED MOTION TO RE-OPEN MY CASE AND GIVE ME A JURY TRIAL AS I REQUESTED. I’M WAITING….