Posted on December 8, 2009 by livinglies
Judge Dawson “Gets It” – Stand and applaud please
It seems like a year ago, pro-homeowner rulings like this were coming down once a month or so…then it seemed to happen weekly…now, appellate rulings. While the importance of the legal consequences of securitization, the recording of bogus notices and assignments, appraisal fraud and other topics discussed here cannot be downplayed, particularly with regard to a full or adequate forensic analysis or claims assessment. Neil (who is currently getting a little well deserved and needed R&R on the high seas), has repeatedly exhorted in seminars, radio broadcasts and here that successful litigation is about “winning at the beginning.” Get your ducks in a row and don’t wait until you get an eviction notice to try to do it. Personally, I espouse the KISS method, “keep it simple stupid” approach. That is to say…if you come out guns blazing with securitization talk, conspiracy theory and the creation of money business watch the Judge’s eyes glaze over…he’s a human being too. Keep it simple.
Who is the real lender not the “pretender” lender, who put up the money and who would actually be damaged by the alleged non-payment of the note? Or put another way who is the real beneficiary of the promise to pay or obligation. Reasonable questions… judge… that deserve answers. Or..Judge, if I wanted to payoff this note today, who is it that has actual authority to issue a satisfaction of mortgage? How’s that for simple and reasonable.
See the full text in the pdf below.
MERS_Hawkins-Dist Ct Affirms BK Ct ruling
Dist. Ct. Case No. 2:09-CV-00661-KJD-LRL
Bankr. Ct. Case No. BK-S-07-16645-LBR
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* NEVADA BKR JUDGE KNOCKS MERS ON STANDING ON LIFT STAY MOTION
cant pull up the full text of this case. please re-post or send to my email.
Hi,
What is the citation to this case?
As far as trying to reverse previous non-judicial foreclosures, a party has 90 days from the sale to bring an action in nevada. Its in nrs 107.080
can pull up the case can you send it to my email
thanks
gmac has sold my loan to b of a and since then i have been behind due to the fact that my well went down and my hours were cut drasticly.. i bought this house with my mother and father 10 years ago my m,other has since moved out and my dad is deaf and he lives here with me and my wife and 3 kids. everytime bofa calls the will not talk to me they say that i am not on the loan..but when they put the notice of sale at auction on my door 3-1-11 that had my name on it.. i called bofa because we are supposed to be doing a modifacation that took them over 3 months to get me my paper work and then it comes with my mothers name and dads info and nothing for me..they said they would stay the sale but i am not going to trust these crooks.. looking for legal representation in las vegas,nv that can stop them with out making me sell my kids to do it…it is a fine line between helping and helping dig a deeper hole….
http://www.ag.state.nv.us/foreclosure/info.htm
this is the what the attorney general filed in Nevada over 300 pages about fraud and B of A call the atty general in las vegas just call 702 486-3420 they will put you in the right direction.