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In this episode of the Neil Garfield Radio Show, we revisit the California Sciarratta decision. Sciaratta was originally viewed as a post-auction ruling, but according to attorney Charles Marshall, Sciaratta should also be viewed as a pre-auction ruling.
The bottom line that case is Sciaratta is still a strong case in California. While the subject property went to sale one day after the filing of complaint, the analysis and actual published Order is all pre-auction analysis, and summarily is in favor of Sciaratta.
Equally important in this new terrain, is of course to plead void not voidable, when it comes to addressing the broken chain of assignments, the front-dating, back-dating, and robo-signing associated with same assignments.
The importance of the Geiseke decision (Marshall is the attorney) will also be addressed and the importance of black letter law that says that every borrower should know the identity of his or her creditor. But like other issues, the courts are still asking “what difference does it make?”
Please look for upcoming post on the LivingLies Blog where Charles Marshall will discuss Post-Sciaratta issues and current West Coast foreclosure developments at http://www.livinglies.worpress.com.
California-licensed attorney Charles T. Marshall (CA Bar # 176091) earned his Juris Doctorate in 1992 from the University of San Diego School of Law. His practice includes Foreclosure Relief, Civil Litigation, Bankruptcy, Immigration, Estate Planning and all facets of Personal Financial Management.
Charles Marshall can be contacted at:
415 Laurel Street, Suite 405 San Diego CA 92101 US
Filed under: foreclosure |