Bagels at a Bar mitzvah Part II

Survivor_IN

LoanSafe Member
Yes Mo! There's always an angle and a way to take advantage. All those servicers and subservicers had a myriad of accounting mechanisms, but the best profit was in the buying sprees. And there's the connection to the top dogs par course. Those paydowns and payoffs led to transfers of ownership and the best darn profits.
 

Survivor_IN

LoanSafe Member
I finally have a response. After somewhere around 60 days, I got notice that the bank won its MSJ. This is wierd in that this is scheduled for hearing in about a week. What I find odd is a departure from prior master commish hearing and findings, in that there are no actual findings. Just a recommendation. How on earth can I appeal something that does not give any reasons and refers to prior MSJ from during the pandemic and for which I have no copy of? I do know I objected to the amending during the pandemic and requested a motion to show cause why I should answer such renewal where it only gave a new name? I then added in later motions that my prior answer to prior msj is incorporated in response. This is mainly due to a lack of response from the courts on the objection to the banks amendment. They did not show cause why they did not utilize this different name when they already new it would become effective within days of the filing. Why not wait a few days and file when the new name becomes effective versus filing with a defective name? -- My personal theory from the banks pattern and practice is that they "file something" every 6 months for the sake of not gettting dismissed per non-prosecution. All in all, with 2 prior dismissals and amendment without proper notice, I do have arguments. I just didn't think I would be thrown into the batch of litigants here arguing for basic rights. I really felt that with a review of the evidence, there was 100 percent no way the bank would win. So here we are. the newest members of the judiciary machine are going to be appealed. In my opinion, they are not doing their job and making me jump hoops. I think my only option it to motion for a more definitive statement (prior to hearing inn one week and to be heard at hearing if I get it in in a day or so.) because how else can I appeal without being informed why I lost. Any thoughts. I think I did cover myself on certain filings and oppositions. The problem is that these were never answered or ruled on by the judge. We did have elections and prior judge moved up a notch. I'm not sure about the new judge. It's hit or miss. Overall, we are on the same plane in that all judges rule against pro se as a course of conduct.
 

moretrouble

LoanSafe Member
Do you have a written order? If you have one, I would just go ahead and file a Notice of Appeal. The worse thing can happen is the court saying the order is unappealable. Better than they come back later and saying you wait too long, now is untimely to appeal. They (the banks' attys and the judge) always try to set us up for court rules because they know they can not win on the merits.
It's the investors, hedge funds using the system to profit and the laws allowing them to do so. Our jobs is to make it expensive for them. When the costs become too high they will think twice.
 

Survivor_IN

LoanSafe Member
Do you have a written order? If you have one, I would just go ahead and file a Notice of Appeal. The worse thing can happen is the court saying the order is unappealable. Better than they come back later and saying you wait too long, now is untimely to appeal. They (the banks' attys and the judge) always try to set us up for court rules because they know they can not win on the merits.
It's the investors, hedge funds using the system to profit and the laws allowing them to do so. Our jobs is to make it expensive for them. When the costs become too high they will think twice.
NO, it appears the court did not provide notice but approved an order granting the bank's MSJ. Low and behold, discovered the "newly elected judge" is a former foreclosure attorney! What a farce. I was shocked once I digested that they had tried to sell the house from underneath of me without notice! This alleged motion was requesting an additional 30 days to sell the property, which was not digestible on first glance. This whole event was an effective denial of appeal where appeal court has strict 30 day timeline. Very crafty deception. Yeah, I have an idea on how to address this in spite of the shock.
 

kraftykrab

LoanSafe Member
NO, it appears the court did not provide notice but approved an order granting the bank's MSJ. Low and behold, discovered the "newly elected judge" is a former foreclosure attorney! What a farce. I was shocked once I digested that they had tried to sell the house from underneath of me without notice! This alleged motion was requesting an additional 30 days to sell the property, which was not digestible on first glance. This whole event was an effective denial of appeal where appeal court has strict 30 day timeline. Very crafty deception. Yeah, I have an idea on how to address this in spite of the shock.
Appeal anyway. If the court never provided you timely notice, then you should file one anyway and state that the court waited this long to issue its decision. You cannot be expected to know what the court never tells you.

Before you do that, I'd submit a request for written reasons for the ruling. In many states, on MSJ, they must either state their reasons for ruling on the record orally or issue written reasons. Also, you might consider something like a writ of mandamus if your state civil procedure allows. A writ of mandamus is basically you asking the appeals court to order the trial court to do what it was supposed to do, but did not do. When you filed your objections to their amendment, the court had a duty to consider and rule on that. The court should not be able to simply ignore filings with not so much as a word like that. It's interesting that you're dealing with this exact set of issues because courts are usually more about procedure being correctly followed than that--you could have all the evidence in the world but if you dont follow procedure, you lose anyway because you didn't follow procedure. That's what I have seen anyway. Most people, IME, that fight and lose, lose because they didnt know and follow civil procedure. This is different though, they appear to be simply ignoring requirements of procedure to rule against you.

How did you learn of the order granting MSJ? Is there a date on that approval? That could help you on the appeal, because if it shows that the court waited all that time to rule, then your appeal clock starts when that ruling is made and noticed, not when the hearing was held. Generally, the clock starts when you're notified of the judgment in writing. The usual exception to this is when the judge rules at the hearing orally, then your 30 day clock begins then.

Rereading your last post, it appears you may have multiple issues to address. For example, if they tried to conduct a sale without noticing you at all, that's a problem too.
 

Survivor_IN

LoanSafe Member
Krafty and Mo, very insightful and appreciated!
I do not have this ruling and the motion presented to the court by the MC was to approve the banks' filings. It was vaguely worded and the use of certain terms did not indicate who granted an alleged opinion and order. I will shoot you both an email with two motions. It was also notable that this notice for sale extension time was not mailed the day it was certified to be mailed AND was further delayed due to holiday. I have seen this dirty trick before in order to prevent notice of a filing (or time to respond) for the scheduled motion hour. So, the MC is playing along. Why am I surprised.
 

kraftykrab

LoanSafe Member
Your "special master" set a zoom call hearing for Monday, January 8, 2023. It's now 2024. Simple error to be sure, but it can actually make a difference and/or add to confusion.
 

Survivor_IN

LoanSafe Member
True Krafty. I can see how this error could be used in the future to shift or misrepresent actual dates of legal events and prejudice me. I will definitely bring it to the court's attention. It's one more additional reason to throw out the MC motion and proposed order as it appears to request the judge sign a back-dated ruling. At least my motion has a requested signature date. Banks (and fraudsters in general) really like undated signatures (or to have the ability to date them for you.)
 

isisis

LoanSafe Member
Think I've been in shock ever since the ruling.This is a major lesson.I'd assumed that to be a judge one had to be familiar with very fundamental things like creditors are responsible for their employees actions when they are acting on the creditors behalf so the creditor is responsible for their actions. In certain circumstances, the borrower's performance is constructively conditioned on the Lender's duty to cooperate and allow the condition to occur. And other little things too like deceiving people in order to change their position to their disadvantage is a legal violation.
 

isisis

LoanSafe Member
What i was getting to there is that to my enormous amazement, I happened to pull a judge like the aforementioned. This guy is a virtual stranger to the workings of contract law and agency law as well. And not to familiar with the fact that deception is generally frowned on. In fact he blames me for having been fooled by them and even referred to me as disingenuous for pointing it out.
 

Survivor_IN

LoanSafe Member
Wow Isisis.
That's offensive! Let's blame the victim? Unless of course, the victim is my friend... that sad sad helpless bank whose foreclosure is being held up by an unscrupulous homeowner who didn't avert being fooled ...
 

Survivor_IN

LoanSafe Member
.., And other little things too like deceiving people in order to change their position to their disadvantage is a legal violation.
This is not mere legal violation, it is the legal definition of material representation and fraud.
 

Javagold

LoanSafe Member
I also was accused by the Judge. While I was able to go through the Servicers very own payment history printout & finding the needle in the haystack (was not easy !!) that was needed for me to show exactly where the Servicer used creative accounting to cover up their errors, mistakes and fraud line by line.
The Clown in the Robe said I was the one who was using creative accounting !!!!!!!!!!
 

moretrouble

LoanSafe Member
Welcome to the court system. However, my chapter 13 case is going well. I filed a amended plan surrendering the house to BONY, hearing early February, see if they want to take it. Still waiting for the response to my claim objection, have a reply ready to go. The judge and the trustee kept advising me to get an attorney, I told I am income limited so I filed an application for a pro bono attorney. Will see if I get one. I can do it alone but it maybe helpful. Every time they file a document it costs them $550, bills keep going up. Keep fighting.
 

Survivor_IN

LoanSafe Member
WOW. Welcome to court. Right? The wonderful judge along with the delightful commissioner muted me on the zoom telephone hearing, discussed such with the bank attorney, and would not register my objection nor allow me to speak. Then proceeded to sign the plaintiff's order for summary judgment and sale! Without objection of course.
 

kraftykrab

LoanSafe Member
WOW. Welcome to court. Right? The wonderful judge along with the delightful commissioner muted me on the zoom telephone hearing, discussed such with the bank attorney, and would not register my objection nor allow me to speak. Then proceeded to sign the plaintiff's order for summary judgment and sale! Without objection of course.
WOW. Welcome to court. Right? The wonderful judge along with the delightful commissioner muted me on the zoom telephone hearing, discussed such with the bank attorney, and would not register my objection nor allow me to speak. Then proceeded to sign the plaintiff's order for summary judgment and sale! Without objection of course.
Please tell me you have video recording of that.....
 
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