Foreclosures Lead to Flippers’ Profits

http://www.truth-out.org/opinion/item/41151-foreclosures-lead-to-flippers-profits

The United States has entered a new phase of residential foreclosure. The basic narrative is shocking: House-flippers are being allowed to push troubled homeowners out of their houses. As a neighbor of mine said, succinctly, “It’s cheaper for them.”

In an ugly way, house flipping is a sweet deal in any area where the house market has rebounded, as in metropolitan Washington, DC, where I live, with eager buyers and reduced home inventory.

Instead of waiting for a house to come on the market and negotiating with a voluntary seller who could make decent terms for the sale, the house flippers enter the foreclosure pipeline. Once the homeowner is pushed out, the flipper gets the house for a song. The price tends to be even lower than the price of a house already foreclosed, and vacant, where the seller would be the bank. The flipping company is already in touch with the lender (see below), so the process is fairly red-tape-free, especially when the company makes hundreds of these foreclosures. Then the flippers can sell the house quickly, because they sell below market price. They still make a handsome profit. And the houses — having been lived in — tend to be in better shape than vacant properties; often there is good equity to boot, since reluctant sellers may have been living in their home for some time. Selling the houses at a below-market price then depresses local house values.

How does all this happen? In a hideous irony, house flippers are allowed into the foreclosure process as “substitute trustees.” The bank or lender holding the mortgage is often based out of state. When a homeowner falls into financial difficulties — such as job loss or medical bills — the lender may, in effect, turn the delinquent account over to an in-state firm. Whether advertising as law firms, real estate investment facilitators, “creditors’ rights” companies or foreclosure attorneys, the firms are in effect debt collectors — agencies that buy up delinquent credit-card accounts on the cheap, and then try to recoup from the small debtors.

They are also, in effect, house flippers. The national passion for “house-flipping” has been fueled by television, where it is entertainment as well as finance. (Disclosure — while I myself have not done any flipping, I support home renovation and/or home improvement, preferably keeping as much debris as possible out of landfill.) But this is a different process than going into a vacant, derelict house and fixing it up to sell.

The practice is national, with some variation by local real estate market. For me, it is also personal and local, direct from a sixtyish neighbor of mine, weeping in my living room. From a hard-working immigrant family, she has lived in her home since 1998. She has been trying to stave off foreclosure since 2014. I know her; I have seen and copied some of the legal documents; I’ve been in her house. She is the rightful owner; she has a relative who can make terms on the payments. But a house flipper wants the house, and once the bank turns over the mortgage to a “substitute trustee” there is little legal obligation for him to make terms. My neighbor is not even upside-down on her mortgage, so this flipper — if he wins in court — will get substantial equity as well as a house in a good neighborhood.

The process is toxic. 1.) The homeowner gets into trouble and falls behind on payments — like my neighbor, who paid many thousands in medical bills for her late parents instead of just defaulting on the bills. 2.) The bank turns the mortgage over to a real estate-flipping company as “substitute trustees.” 3.) The house flippers work first with the lender and then with some too-friendly judges to push out the homeowner via court action.

It goes without saying that the substitute trustees have better access to lawyers and courts than do the troubled homeowners. Legal aid for the indigent may not be available for someone who still owns her house — ironically. Help from friends and relatives, and the occasional pro bono legal work, may well be the only options. The option offered by advocacy groups or other realtors is too often only an unwanted “short sale,” i.e. loss of the house she is trying to keep.

Yet more ironically, the trustees are supposed to be assisting the courts and thus the public; hence the term “trustee.” Instead, as said, they have a direct pecuniary interest in getting persons out of their home instead of helping them stay in it. This process can involve illegal tactics as well as borderline legalities. But when the homeowner is already troubled, there is far too little redress even for open and apparent, documented illegality.

For the record, reducing the “foreclosure backlog” is not the same as reducing foreclosures. Cutting the Gordian knot is not always the best idea or in the public interest.

Tactics that this writer has seen and heard include posting a fake abandoned-property notice on the door of a house the owner is living in; filing fraudulent claims of ownership in courts which lack jurisdiction in foreclosure cases; getting court orders from courts which lack jurisdiction to grant foreclosure motions; and appearing in court claiming to be a third-party “intervenor” while actually a party (the house flipper) in the foreclosure.

Some foreclosure firms have become notorious, and on some there is information online. One source is attorney Neil Garfield’s website titled Living Lies (Livinglies.wordpress.com), which includes a list of known “foreclosure mills” (though somewhat outdated) by state. The non-profit Pro Publica (ProPublica.org) has also published information on foreclosure mills, as have the magazine American Prospect and the website Above the Law (AboveTheLaw.com). Some material has gone out of date, now that the immediate consequences of the 2008 mortgage-derivatives debacle are less feverish.

But the long-term consequences are still with us. One foreclosure group in Maryland is involved in hundreds of foreclosures, largely in Prince George’s County (DC suburbs). The county’s diverse population is officially “majority-minority” and the real estate market includes many immigrant families, first-time home buyers and members of historically excluded groups. And, as mentioned, this is a region where the real estate market is picking up and house hunters are eager to buy. All in all, it’s the perfect storm — houses easy to pick up, from a population easy to pick on, by judges who largely did not get picked by the public.

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The Neil Garfield Radio Program: Back to Basics with North Carolina Attorney James Surane

 

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Thursdays LIVE! Click in to the The Neil Garfield Show

Or call in at (347) 850-1260, 6pm Eastern Thursdays

This evening North Carolina attorney Jim Surane will join Neil Garfield to discuss the first steps that should be taken in a Foreclosure defense case.

Surane states that, “A thorough title search of the property being subject to foreclosure is an absolute necessity.  This includes researching back to the plat in the case of a home in a subdivision, and back 30 years in a case in which the property is not in a subdivision.”  Surane has won many cases based upon errors in the chain of title.  “It must be remembered that a large majority of the mortgages that we deal with today were closed between the years of 1992 – 2007.  During these years, closing attorneys and lenders were overwhelmed with business, and as a result many errors in preparing documents that compromised the lenders lien rights.”  Surane will outline the steps that should be taken in order to properly prepare to defend a foreclosure case including:

  • Errors in the legal descriptions
  • The legal description was attached at the time the deed of trust was signed
  • Errors in the timing of the recordation of documents in the chain of title
  • Errors in the spelling of the grantor or grantee names
  • Both Grantors names in the body of the Deed of Trust and not just signed
  • Failure to include all necessary signatures on deeds

Attorney James Surane is the Managing Partner at James W. Surane Law.  He manages all aspects of trial preparation and Superior Court appearances involving foreclosure defense and general civil litigation.

Over the past 25 years Surane has litigated hundreds both bench and jury trials. Over the past 8 years, he has tried over 75 cases involving foreclosure defense and bank lawsuits, many of which resulted in very favorable outcomes for his clients. In addition to litigation, Surane manages a real estate closing department and understands the legal intricacies of title and closings. The real estate closing department has closed several thousand loans for clients.

Contact:

Attorney James W. Surane

18825 West Catawba Avenue, Suite 150

Cornelius, NC 28031

(O) 704.895.5885

(F)  866.410.6311
ssurane@suranelawpllc.com

Website: www.suranelawpllc.com

 

 

Lack of Standing is an Affirmative Defense

Appellant Robert J. Stoltz prevailed against Aurora Loan Servicing and Nationstar Mortgage in Florida’s Second District Court of Appeals. Honorable Judge Daniel R. Monaco reversed the final foreclosure judgment ruling that the plaintiff’s failure to prove standing at the inception of the suit was fatal (see Dickson v. Roseville Props., LLC, 40 Fla. L. Weekly D2520 (Fla. 2d DCA Nov. 6, 2015- quoting, “For better or for worse, it is settled that it is not enough for the plaintiff to prove that it has standing when the case is tried; it must also prove that it had standing when the complaint was filed.”).

 
Nationstar Mortgage had filed suit against homeowner, Robert Stoltz, and a different servicer named Aurora Loan Servicing was substituted as plaintiff prior to the trial. In the lower court the servicer claimed they were the holder of the note, not that they were foreclosing on behalf of a holder. Stoltz raised the question of standing at inception by pleading lack of standing as an affirmative defense in his amended answer.

 
Standing at inception of a lawsuit is required in Florida. The present servicer was required to prove at trial that the original servicer (the one that filed to foreclose) held the note at the time the case was filed (see: Russell v. Aurora Loan Servs., LLC, 163 So. 3d 639, 642 (Fla. 2d DCA 2015)).

 
During the trial, the present servicer attempted to achieve this burden by presenting a note bearing an undated indorsement in blank. An indorsement in blank is considered legally sufficient to prove that the person in possession of the note is a holder and has standing to proceed at trial (see: Focht v. Wells Fargo Bank, N.A., 124 So. 3d 308, 310 (Fla. 2d DCA 2013).

 

However, the indorsement in this case was undated and was not attached to the original complaint, and therefore was insufficient to prove that the original servicer held the note at the inception of the case. Without additional evidence that the original servicer actually possessed the Note at the inception of the case- the case should have been dismissed (see: Sorrell v. U.S. Bank Nat’l Ass’n, 41 Fla. L. Weekly D847 (Fla. 2d DCA Apr. 6, 2016)).

 
The current servicer’s only evidence of standing presented was the testimony of its corporate representative. The testimony of this representative failed to establish that the original servicer held the note when the case was filed. Therefore, the current servicer could not prove standing at inception. The borrower’s motion for involuntary dismissal should have been honored in this case (see Russell, 163 So. 3d at 643; May v. PHH Mortg. Corp., 150 So. 3d 247, 249 (Fla. 2d DCA 2014)).

 
The court took into consideration that the operative complaint attached a copy of an
assignment purporting to transfer both the note and mortgage to the original servicer priorto the date suit was originally filed. That document may have proven that the first
servicer had standing at inception (see: Focht, 124 So. 3d at 310 (“A plaintiff who is not
the original lender may establish standing to foreclose a mortgage loan by submitting a
note with a blank or special endorsement, an assignment of the note, or an affidavit
otherwise proving the plaintiff’s status as the holder of the note.”). However, the current servicer, failed to admit this document into evidence during trial.

 
On Appeal, the servicers did not argue and failed to cite any authority that the assignment was sufficient to support the judgment when standing is contested during trial (see: Beaumont v. Bank of N.Y. Mellon, 81 So. 3d 553, 555 n.2 (Fla. 5th DCA 2012)- a copy of an assignment of a note in the court file was not competent evidence where it was never authenticated and offered into evidence). The final judgment was reversed and the case remanded back to the trial court with directions to enter an order of involuntary dismissal. With Florida’s lack of a statute of limitations on foreclosures, the servicer will likely have ample time to “correct” their deficiencies and errors and attempt to foreclose again ad nauseum.

 

STOLTZ-v-AURORA-LOAN-SERVICES-LLC(1)
Congratulations to attorney Nicole R. Moskowitz of Neustein Law Group, Aventura representing Appellant Robert Stoltz.

How Much Did Banks Pay For The 2008 Financial Crisis? Fines And Settlements Of Over $160 Billion In Past 8 Years

BREAK THE BANKS VAULT2
So for an average of $20 Billion per year, the mega banks received an infinite supply of forever stamps — “forever” in the sense that they committed epic fraud and are still doing it. I believe this will be regarded as the most historic blunder in American history committed by three consecutive and diametrically opposed Presidential Administrations with the legislative branches of government and the judicial branch of government complicit or at least falling into the party line. In the end Clinton, Bush#2, and Obama all made the same mistake — thinking that market forces would keep the country and the world safe from the financial equivalent of thermonuclear war.
–THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.–
In return the Federal Reserve and the US Treasury “bailed out” banks that were “too big to fail” — in a total amount that will probably never be known but which most economist and financial analysts agree is in the neighborhood of over $5 trillion, plus allowing the mega banks to keep more than $10 trillion they stole from investors. The bitter irony is that this plan sucked all the juice out of our economy, household wealth and the ability of consumers to spend — which is responsible for 70% of our Gross Domestic Product.

Even more ironic is that the ‘bailout” was not a bailout.” It was extortionate. The banks had no losses. They were SELLING bonds so they couldn’t have suffered a loss from devaluation of the bonds. They were funding loans with investor money so they couldn’t have had losses from loan defaults. And they were writing mortgage documents for loans that did not exist. What they risked losing was future profits they would make if somehow there was someone  with money (i.e., the U.S. Government) who would shore up the unfortunate patsies who wrote insurance on completely worthless bonds, and who were indirectly insuring against defaults on loans that the mega banks had already planned to fail because they were not funding those loans.

In no instance, as far as I can tell, did any of the major policy decisions emerge from a discussion about what was good for the country, which is to say what is good for the common man, woman and child. Adding insult to injury, the people we elected and their appointees who said they knew what was going on, didn’t have a clue. True enough we don’t elect people who are experts in everything, but we do entrust them with the authority and the mandate to find out what they need to know before they do anything.

Incredibly all three administrations and all the Congresses and state legislatures functioned off of cliff notes and 30 minute meetings that consisted of Wall Street people selling the idea of de-regulation on an industry that had repeatedly proven it was untrustworthy and still allowed to promote themselves as banks you can trust. I count 6 times in American History that banks forced us into depression or deep recessions — all caused by pernicious schemes that were too bad to ever succeed. But it was worth it for the big banks because they made far more money than they ever had to give back.

Even more incredible is that it would appear that the two major candidates for the next administration will not change a thing. And THAT is why the vast majority of the American people don’t think either one of them will be good for the country. As long as they start from the assumption that protecting the banks is the same thing as protecting the financial system, which is the same as protecting the American populace. This assumption is patently wrong. Protecting the banks is enabling them to continue their fraudulent behavior which strikes at the unimportant people — i.e., most of the people who live and work in the United States.

 

 7,000 Community Banks, Savings and Loans, and Credit Unions can weather the storm if the Mega-Banks face consequences for their
crimes against the American people.
The real answer is to start with the proposition that the only correct action is one that is good for the country — which means that all people who live and work here would receive some benefit from the action taken. If that means taking the mega banks down, so be it. There are over 7,000 community banks, savings and loans, and credit unions in this country that all use the exact same IT backbone used by the mega banks.

There is nothing that the mega banks do that cannot be exactly duplicated by all those smaller 7,000 banks. In fact, the smaller banks are geographically closer to borrowers, make better loans and have fewer defaults. As for ATM card access, credit cards etc, any bank can become a co-branded issuer using that existing IT platform and the gateway organizations that control it — if the mega banks were forced to comply with the recent U.S. Supreme Court decision stating that access to the internet is and should be treated as a utility.

Starting with the premise that what is good for the common man/woman/child is good for the country, policy would head toward clawback of trillions of dollars across the globe and being able to pay reparations to the dozens of countries who were virtually destroyed by acts of global financial terrorism. It would also lead to the global recognition that the so-called loans were not loans.

Those transactions fell into a gray unsecured area of finance the law in which the homeowner (erroneously called the borrower) received money that came from a party who did not know that they were being cheated. The liability exists — that the homeowner must pay the that portion of the money that was received from specific “investors” (victims) but there is no loan contract where the party funding the transaction and the person taking the money have no agreement and no knowledge of the existence of the other.

Add to that that none of the intermediaries have any contractual authority to do what they did — directly fund loans out of money from pension funds et al — and you have one thing left on the plate, to wit: an unsecured liability that arises only in the event that the injured party(ies) (investors) make an equitable claim against the homeowner (e.g. unjust enrichment).

The idea that only the homeowner should pay for losses on this scheme is absurd and the idea that the banks can continue to sell their “rights” to servicer advances that were not advanced by the servicer but rather out of the investors’ money is absurd on steroids. If that doesn’t motivate anyone, think about this: I know for a fact that all the top Wall Street bankers are laughing nervously at how stupid we are and restating the old adage “Nobody ever lost money by underestimating the stupidity of the American people.” The only reason they are nervous is that they know that all good things come to an end. Jamie Dimon likes to remind people in the first minute of any conversation that he speaks to the very top of political power in this country. Maybe we should give him someone else to talk to.

Discovery: Your BlackKnight in Shining Armor?

http://www.bkfs.com/RealEC/DivisionInformation/SettlementAgents/ClosingInsightSettlementAgents/Pages/default.aspx

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

Maybe it is time to drill down a little deeper into ways to obtain Discovery. The same company that brought us the DOCX line of “original” fabricated documents has created a software platform used by the mega banks to streamline closings. Closing Insight and its predecessors (I think Chase uses its own version of this platform) could provide information on the real facts of each “closing”. Discovery requests should be directed to access the information on the platform which is now owned and operated by LPS/BlackKnight.

 
Note that most loans over the mortgage meltdown period that are still in existence were refi’s and not original loans. Most lawyers and judges presume that the closing paid off the old loan. But this is often not the case. Since the party on the prior “mortgage” and “note” was simply a conduit, they would not have received a penny from the new closing with the “borrower.” The reason for this is simple: they never had a dime of their own money in the loan nor were they in a contractual relationship with anyone who did have money in the deal. Hence they would not have received any money since the source of both deals was a dynamic dark pool of money where “trust” money was commingled in a way that made it impossible or nearly impossible to trace any specific investor to any specific loan deal.

 
Add all that up and you get (1) a satisfaction of mortgage from a non-mortgagee and (2) no consideration for the signing of the loan documents and (3) withholding that information from the “borrower” who in fact borrowed no money from the “refinance” of his prior “loan.” This means to me that the loan documents should never have been signed or delivered much less recorded. It also means that the current loan documents (and possibly the previous loan documents) are VOID and thus subject to an action for a Quiet Title action.

 
None of this means that there is not some liability for repayment of the party(ies) who DID have money in the deal in which they could plead to get repayment of their money. But two things are true: (1) the statute of limitations has probably run on most of those liabilities and (2) the injured party would need to know they are injured. Since the borrower clearly does not know the identity of the injured party, the borrower cannot be said to be guilty of creating a situation where the debt is diminished or nullified. And since the injured party(ies) don’t even know they are injured, much less how or in relation to what deal, they are prevented from stepping forward to claim their due.

 
Once upon a time such schemes would be cleared up by courts very quickly. Back then they understood that foreclosure was a drastic remedy that should not be taken lightly. But today the erroneous presumption that the borrower received money (presumed even by the borrower) leads courts to bend and break laws, rules and regulations such that any claiming bank or servicer will win regardless of whether they are in fact a creditor and regardless of whether or not they have any actual authority to represent the other victims of this scheme — the investors.

 
PRACTICE NOTE: It is necessary to be very aggressive and very well prepared to argue for discovery on these closings. The Judge arrives with the assumption in mind that what happened back then is none of your business and already established. Potentially an affidavit from a forensic analyst or expert witness might assist in discovery litigation. The problem with waiting on the affidavit or declaration until trial is that the expert can only offer an opinion without corroboration. If discovery has been fought and won, the expert’s opinion will be nearly self-evident. If discovery has been fought and lost, it should provide very strong grounds for appeal.

California’s New Gieseke Decision-A New Playing Field Emerges Post-Yvanova

 

Charles Marshallby Charles Marshall, Esquire

Gieseke Remand Order 5 20 16 from 9th Circuit

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
On the heels of Sciarratta v. US Bank, in the wake of Keshtgar v. US Bank, under the umbrella of Yvanova v. New Century Mortgage, comes now a unifying decision which applies at a base level at least these California Supreme Court and appellate decisions to the non-judicial firmament throughout the Greater West, that of Gieseke v. Bank of America.

Gieseke is a 9th Circuit decision, thus making itself persuasive if not controlling law in California and 9th Circuit states outside California, including Oregon, Washington, Montana, Idaho, Nevada, Arizona, Alaska, and Hawaii. While it is not mandatory for 9th Circuit Fed Courts in these states to follow Gieseke, due to the causes of action at issue being primarily state-based property claims as opposed to Fed-based claims, the persuasive authority of Gieseke will doubtless be useful and may prove to be compelling in many a future non-judicial foreclosure case in which the ‘borrower’ (never concede even, nay especially, fundamental terms in case pleading) is the Plaintiff.

It is also important to keep in mind that Federal authority is not controlling in a state litigation matter. Nevertheless, the persuasiveness of Fed to State and State to Fed authority must be acknowledged and understood among foreclosure litigants.

One of the reasons Glaski v. Bank of America failed largely to get traction until revived by Yvanova, is that even though it was controlling authority in the 5th Appellate District of California, and very much persuasive authority elsewhere in California, California’s Fed Courts tamped this brave and groundbreaking decision down from an oak to a stump, in a matter of months, following its publication in August of 2013.

Now with Gieseke, the entire 9th Circuit has greatly amplified the already-dramatic impact of Yvanova and its progeny Keshtgar and Sciarratta. Indeed, the way the Gieseke decision came to be is an event of great moment for this long-time foreclosure warrior-attorney. The underlying Gieseke case, which I had filed in the Northern District of California Fed Court on behalf of my clients back in late 2013, and appealed many months ago, was set for oral argument on July 5, 2016 before the 9th Circuit.

The Clerk of the 9th Circuit Court issued an order-to-show-cause (OTS) on May 2, 2016 with the breathtaking directive to the institutional defendants in the case, including Bank of America, to wit: why shouldn’t we the 9th Circuit simply remand this case summarily, in light of the Yvanova decision.

The institutional defendants had their best appellate firm at the ready, Severson Werson, and put forward a shallow but superficially credible case. I ‘marshalled’ (you’ll forgive the pun) my extensive network of resources, putting forward my considerably more credible Neil Garfield-inspired and ready arguments, and awaited the decision which just came down May 20: Gieseke Appellants win summarily, without even having to go to oral argument, which hearing was vacated upon the remand of the case to District Court, where it is to be reconsidered in light of Yvanova and Keshtgar.

Keep in mind that while Yvanova and Sciarratta are both post-auction cases, Keshtgar, and now Gieseke, are pre-auction, post-NOD cases. Which means at this point in California, through the California Supreme Court and now the 9th Circuit, all post-NOD lawsuits will have at least persuasive authority battering the opposition from the moment of filing. Strategically for once, Californians litigating non-judicial foreclosure matters have real options in choosing venue.

Where the focus of a case is directed to wrongful foreclosure and quiet title, state courts may be the better venue, since Yvanova and Keshtgar are controlling authority in all State Courts at this point. On the other hand, where rescission is an important cause of action in a compliant, a Federal venue using Gieseke for non-rescission state-based claims litigated in the same Federal venue may be the best way to frame a case.

Remember, Federal authority is persuasive, not mandatory, when applied to state claims. On the other hand, the breakthrough case of Jesinoski v. Countrywide Home Loans is controlling authority throughout the US on the issue of rescission (always a Fed-based issue vis a vis the TILA Federal law), as the decision came out of the US Supreme Court.

One might reasonably anticipate at this juncture to wonder what might one expect in light of the above cases, in trying to move a given plaintiff’s foreclosure case forward. Here follows a primer: For starters, from case inception, when facing a sale date, TROs will be much more readily granted. Be mindful that the standard applied to granting a preliminary or permanent restraining order, and derivatively a TRO, is whether the movant for an injunction is likely to prevail on the merits in the litigation at issue.

Before Yvanova, getting TROs in foreclosure-related matters was fraught with difficulty, though still doable in a number of cases, depending upon the district, the court, etc, although winning the preliminary injunction hearing to follow was another matter typically. With Keshtgar and Gieseke (pre-auction holdings), a TRO and preliminary injunction movant is likely to find getting the relief requested is much more straightforward and readily available. Also take note that TROs and their kindred hearings are much more easily brought, procedurally, in state courts, as opposed to Federal courts, at least in California.

As a still-relatively new lawsuit moves forward in the new dispensation of our post-Yvanova foreclosure world, plaintiffs will likely face as before, a surfeit of demurrer filings from the usual-suspect institutional servicers and sales trustees, such as Chase and Quality Loan Service Corp. Do not be feint of heart. New playing field, to which our opposition will have trouble adjusting much more than our side will. The new field largely benefits us, and will doubtless delimit and one hopes eventually demoralize our opposition. Can’t wait for the role reversal.

If California courts, state or Federal, are working properly, demurrers in this new litigation climate should routinely be overruled where the proper causes of action are pled, such as wrongful foreclosure, various Homeowner Bill of Rights statutory sections such as California Civil Code 2924.17 and 2923.55, and quiet title—this latter cause of action I believe will see a great revival with our side finally getting standing to present our arguments.

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.

Expect to see many motions for summary judgment, and the occasional judgment on the pleadings, from our not-so-friendly and often ruthless defendants, who will resort to these at present little-used devices to try and get out of a case they are no longer able to exit via a demurrer.

So yes, be heartened as a plaintiff when you see the opposition file an Answer as opposed to a demurrer (State level) or motion to dismiss (Fed). Do be cautious though, as a motion for summary judgment may soon follow.

Which brings us to discovery: This aspect of our litigation will grow dramatically, as our cases move to trial, instead of being snuffed in a proverbial litigation crib. More about the useful tool of discovery in a future blog post. Also on deck for a future blog post: Trial practice in our foreclosure cases, and appellate practice.

____________________________________________________________

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
+1.530.888.9600
Charles@MarshallLawCa.com

Website:  http://www.marshalllawca.com/home.html

 

 

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