Dirty Tricks Playbook from the Foreclosure Mills

GET A CONSULT WITH NEIL GARFIELD

Here is an example of one of the procedural dirty tricks that these firms play and they say they “made a mistake” and apologize when they are caught, but it a threat to a hearing that you have already won, lurking so that you are not prepared to argue against what they try to present in what amounts to a fake venue for a motion for rehearing. Pro Se litigants are especially likely to fall victim to these dirty tricks because they don’t know what to do.

I received in the mail yesterday a package that had been prepared earlier but which seems to have been sent out NOW and if the Judge is not looking carefully he might well sign it. It is a Final Summary Judgment. I know this trick.

Despite the ruling denying the Motion for Summary Judgment they “mistakenly” send the package to the Judge as though they had won. The Judge signs everything put in front of him and then it is up to us to undo the mess. By doing that we must make a motion to void the judgment and perhaps move for sanctions, but the trick is that they then come in and re argue the motion for summary judgment.

The cure is simple: call the Clerk’s office, Call the Judge’s office (making sure you hit every Judge who might sign this trash, and tell them the package was sent in error and that the Judge Denied the motion for Summary Judgment.

Send a letter to the Judge (or Judges if they are on rotation) with a copy of the order denying motion for summary judgment. At the Clerk’s office you get a supervisor and tell them that the error is happening as we speak and that the Final Judgment should not be put in the record and if it was, it should be expunged and cite them to the Order denying Summary Judgment.

Then Clerk might contact the Judge’s office and ask what they want to do with the clerk explaining that the Motion for Summary Judgment was denied. Why was the Final  Judgment entered without hearing or motion?

AFTER you have done all that, THEN you put in a call to the opposing counsel and threaten them.

If the Judge DOES sign the Final Judgment, then you must immediately do all of the above and file a motion to vacate on the basis that the Motion to Dismiss was denied, not granted and therefore the case should be set for trial which many orders denying motions for summary judgment explicitly state.

But be prepared to argue the whole motion over again and lead with an objection to anything the other side wants to argue, asking for sanctions because they tried to game the system. If the Judge is so inclined he might say that he is treating this as a motion for rehearing or motion for reconsideration. At that point, you should object to the hearing going forward and ask for a continuance.

Some thought should be given to an immediate interlocutory appeal on procedure because nothing could be clearer than a denial of the motion and then entry of a Final Judgment contrary to the ruling on the motion.

The moral of the story is read everything, check the docket regularly, and make sure your mail is being delivered properly.

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14 Responses

  1. SHADOWCATS & HER CRIMINAL FRIENDS TRANSLATION IS….I AM GOING TO HIDE THE FACT THAT THE FED IS INSOLVENT SO WE CAN ROB THE AMERICAN PEOPLE INTO BANKRUPTCY WHILE HIDING ALL OF THEIR WEALTH OVERSEAS….WE THE PEOPLECKNOW THE TRUTH IS……….SANTAS LITTLE ELVES ARE REALLY SATANS LITTLE THEIVES…..

  2. Everybody needs to look at Iceland and how they told the government and the banks to go to hell, put some bankers in jail, lowered the domestic debt by 24% across the board. Now, they are going after the mortgage debt. Wimpy Americans.

  3. Ivents translation of English; I am InsolVent … I can not repay a debt I owe. *snorts*

  4. the debt can never be repaid…..it is insolvent…….

    Learn to speak English. Imbecile.

  5. We can help you keep your home…..just re-sign… the debt can never be repaid…..it is insolvent…….and you will fail but…..just re-sign….nah..

  6. Transcripts..? If they had the golden ticket..we would have been out on the curb a long time ago…..

  7. all i can say is argue like hell and get your transcripts asap

  8. Please see the ‘MICHIGAN’ section of this Blog, Look down the left-margin of this site…

    We can Help you KEEP YOUR HOME…

    We work in ALL States except (NV, MN, VA and AZ… …reason we haven’t lost yet, thank the Good Lord and with that said, we do not look to start losing anytime soon).

    No gimmicks, no games, no audits/reports (our reports are FREE) and NO CONJECTURE… we simply work, as a team until we can get across the finish-line.

    Please send us a message if, you would like us to assist you…

    Have a good week,
    Dan Moss
    lowecommunityresourcepartners@live.com

  9. Shadowcat….this is all about the theft of our wealth & our property…..this never had anything to do with the money for the “investors.”

  10. Thank you Neil. The only way they can fraudclose is by deception.

  11. Wholesale CRIMINAL Enterprise
    of the Mortgage Foreclosure Industry
    This is the latest update to the HUML case out of El Paso, Texas. Initially, the banks were represented by three attorneys from the Dallas foreclosure-mill Brice, Vander Linden & Wernick, P.C. Two months ago in a mass exit, all three attorneys quit the firm. Defendants have now hired the international law firm Locke Lord. By now, the legal fees probably exceed the ~$100.000.00 value of the home; an indication that the case is not about the house. Since Mr. Roman is alleging CRIMINAL activity, Defendants need this case to go away and are pushing for dismissal. This is attorney Roman’s response:

  12. Neil,

    I am a pro se and I had this very similar thing happen. The opposing counsel at the MSJ hearing was very ill prepared. After the judge dismissed without prejudice, the attorney for CM said she had to go to another hearing and would fill out the judge’s order later so it could be signed.

    Lo and behold I get a copy of the order about a week later. The order signed by the Judge said that the MSJ was continued, not dismissed. I had a court reporter at the hearing, so I contacted opposing counsel. She said it was an honest mistake but would fix it. It did get fixed.

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