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Foreclosure Defense Florida

IN RE: WILSON—SAND CANYON DOES NOT OWN ANY MORTGAGES OR SERVICING

(I’ve been told to watch the case referred to in this blog, In Re: Wilson, a bankruptcy case filed in Louisiana…I don’t yet see the earth shattering impact of this case, but I’m told to stay tuned….it’s coming.   This morning I share just one little nugget from the case.)

One of the biggest issues I’ve been screaming about for years now is the fact that in so many foreclosure cases no one has any real idea who the Plaintiffs or the parties are in the litigation.   The technical legal point of dispute is “Failure of Capacity” which covers both the fact that these Plaintiff’s fail to plead or identify who they are i.e. Sand Canyon Corporation, a wholly owned subsidiary of the H and R Block Corporation.   Instead corporation, fictitious names or trusts are entered as parties in litigation with no identification whatsoever which would allow me to serve them as a counter defendant or to pursue them later when the wave of title claims start crashing down in the years to come.   The second component of the capacity challenge relates to the fact that in so many foreclosure cases, the straw plaintiff is acting in some vague and undefined representational capacity but that capacity is never, ever clearly defined.

I have won my “Failure of Capacity” argument virtually every time it is raised, but frankly it is not raised nearly enough, even by me.   The position that must be taken and that is supported by all relevant case law is that I cannot litigate against a party or a witness or any entity that has entered evidence into a case that is not properly identified.   i.e. XYZ Corporation, a Florida Corporation. (For more information on the entire subject, search this blog for the “Compendium of Capacity Cases”, which contains virtually all the cas law on the subject.)

One example of the practical application of the capacity argument is found below in a bankruptcy case pending in Louisiana, In Re: Wilson.   I’ve been directed to this case some time ago and I’m told that it will have an explosive outcome at some point in time in the future.   I admit that I’m a bit befuddled by the case right now because while I see problems with the case that are reflected in the Orders and pleadings, I don’t yet see the bombshells……but I am told they are coming.

For now, have a look at this stunning affidavit/admission.   This should be powerful evidence to anyone out there battling foreclosure cases against Sand Canyon which is apparently a zombie corporation with no right to proceed with litigation, much less the apparently active corporate activities we all find them engaged in….yet another example of why I say…..

CAPACITY IS A CASE KILLER

sandcanyon

And another nugget from the case

inrewilsontrustee

2 Comments

  • lawgrace says:

    As a Louisiana resident, it is bittersweet to learn about the Wilson case in light of the fact that, I went through that very same court system to o oppose my home being fraudulently foreclosed on. Here is what that outcome:
    ===============================
    Foreclosure Fraud Assault – A Cry For Help
    https://newsblaze.com/story/20101116120222nnnn.nb/topstory.html

    A foreclosure that entails savagery, fraud, corruption, greed, intrusion, peril, trauma, desolation, shocking deviation from established law and court rules and procedures, and reprisals for whistleblowing and for not relinquishing one’s home to sham foreclosure is a riveting story worth being told.

  • Stupendous Man says:

    The highlights of the case are this:

    – Fidelity/LPS employee Dory Doebel has been sanctioned for false swearing and failure to appear. (This is not the first or only time Ms. Goebel has been caught swearing falsely in BK proceedings.)

    – Option One Mortgage Corp. and Boles Law Firm atty Clay Wirth have also been sanctioned.

    – The US Trustee ran discovery on Fidelity/LPS even though they were not a party to the action. This was based on the false swearing of Goebel.

    – Fidelity/LPS fought against discovery tooth and nail. When they lost that battle they, in short, told more lies to cover the prior lies of Goebel.

    – US Trustee filed a Motion for Sanctions against Fidelity/LPS. The hearing on this motion has been continued twice but is currently set for December 1, 2010.

    My opinion/commentary:

    In 2007 and 2008 it was revealed that Countrywide had been fabricating evidence. This was revealed in the case of In Re Hill. Merely days after the crucial transcript became available on January 3, 2008, the story of the “re-created” letters was picked up by news media. Countrywide stock went into a nose dive. This led to Countrywide filing BK and the later acquisition by BoA. Media focused on the financial aspect and paid little attention to the criminal behavior.

    In Re Hill also has a hearing scheduled for next week. A former Bank of America Asst. General Counsel is scheduled for TRIAL next week for making false statements under oath within a deposition during the U.S. Trustee’s investigation into CountryWide evidence fabrication and false statements to the Court.

    The most recent filing in this case is the Memorandum Opinion and Order of Judge Agresti of October 5, 2010. A very detailed, well researched and well written Memorandum. That full Memo is available at: https://www.scribd.com/doc/41551941/In-Re-Hill-Memorandum-Opinion-and-Order-05-Oct-2010?in_collection=2711712

    Countrywide was among the worst offenders in terms of subprime mortgages, lairs loans, etc. It took just one fortuitous comment between debtors attorneys the morning of the Dec 2007 hearing, and a perceptive Judge, to bring Countrywide down.

    In the case of In Re Wilson we have Fidelity/LPS involved in a cover up of false statements to a Federal Bankruptcy Court – I must add that Judge Magner presiding in Wilson seems to also be very perceptive. Fidelity/LPS is, and has been, involved, as default servicer, in 70% of the foreclosures that have occurred in the past several years.

    It is my expectation that Fidelity/LPS WILL BE SANCTIONED by Judge Magner. It is also my expectation that the effect and impact of sanctions against them will be more earth shattering than the re-created letter issue was for Countrywide.

    I will be checking both of these cases as things continue to develop.

    Additional case records for both Wilson and Hill are available at the following Scribd link: https://www.scribd.com/wjr__10

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