Bagels at a Bar Mitzvah

wanda robo

LoanSafe Member
Sep 29, 2012
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Hi Isis
Thought I’d mention

I’m on the left coast ( probably 2 hours from you )
Have been foreclosed on (( living like Wanda right next door)
Have irreparable damage ( BK, foreclosure, toilet credit score ... not good for self-employment )

And would be more than happy to be a test case dummy against Hells Fraudo ! Lol
Take care

OMG, you are such a great inspiration. Please send me your personal email so if the thread crashes( or worse) I can contact you.

[email protected]
 

isisis

LoanSafe Member
Jun 22, 2010
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That's just it, now that damage can't be corrected (in equity) you are entitled to sue for damages in law. A piece of property which is considered something unique was taken from you while equity stood by helpless to prevent it but now you can seek relief in a court of law. It's threshold issue and nonsense but there you go. Such is the arbitrary nature of the legal system.

Yvanova, in many ways a brilliant decision drawing from Restatement of Contracts, case law and basic common sense (a void thing is as no thing) determined a homeowner is wronged if foreclosed on by someone other than the actual debt owner but curiously stopped short of providing preemptive relief. This of course is akin to telling a stalker victim to come back for protection after they've been shot but I suppose the thought of dockets clogged by homeowners reluctant to willingly provide the bank with a free house was persuasive.

Second misconception is that relief is a foreseeable likelihood or even attainable. With the disparity of economics they are simply allowing individuals to play litigation roulette and become further injured by costs and fees.

The civil court system is not set up to afford justice between unequal opponents. It's exhaustive and expensive. Presumably regulatory agencies have a responsibility to make it unnecessary in mortgage loans.
 

TXWilly

LoanSafe Member
Mar 21, 2013
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Isisis,

Thanks for the link on your earlier post. I am re-reading your latest post (above) am not able to figure out what you are trying to say, and you have become a lawyer I belief by (just reading/researching on issues/case laws) and what you wrote is like a dissenting judge on a major opinion on why he is not able to decide one side or other. :)
So are you saying that homeowners cannot win or will lose the house and then they may win and also the win is immaterial or too late due to the damage to other things due to the prolonged litigation? :)
 

isisis

LoanSafe Member
Jun 22, 2010
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Tx Willy,

It's just the rhetoric of frustration, the unfortunate truth I found out along the way in my court case. I suppose a point was being made but not one of necessarily practical application to people fighting here. You're all pro se and everyone aside from yourself is fighting a judicial foreclosure so my points are not directly applicable as they are defendant not plaintiff.

In their case relief may not be impossible for various reasons. Their opponents have the burden of proof and are supposed to provide proof that they are the note holder and this - allegedly - may be challenged. Nonetheless the economic disparity, when you're fighting an opponent 40 trillion times more powerful than yourself is unavoidable. And this power is used mercilessly by filing motion after often frivolous motion hoping to drain finances until you can't afford to continue.

Another point I was alluding to is the saying - well known among the legal community but frequently news to the uninitiated litigant that goes, "Everyone loses in litigation." Or maybe out goes, "No one wins in litigation."

Did I answer your question?
 

just_me

LoanSafe Member
Sep 14, 2015
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I have come to the conclusion that litigation is the only way to correct the record (on debt or property) when you're getting fleeced by thieves. I support regulation(s) because without it, there would be a lot more "free houses" up for grabs with shell game note holders trying to cash in a copy from a stolen download.
 
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TXWilly

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Mar 21, 2013
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Just Me/Isisis:
I agree. We are in the battle not because we like the battle, but for most of us there is no other option. It is almost like OK land grab/run happened years ago but even then there were some house rules were followed and those who did not follow the rules of the game (at that time), shot/punished. Some thought came to my mind when the CEO of a major firm is got charged for sex trafficking, and I was comparing that to the loot of homes (no way one can equate a home to a damage done to a sex crime/victim), but when that CEO (Jeffrey Epstein )can be jailed/arrested, why not the CEOs of banks/FC mills, law firms who are doing some kind of similar crime to the families/homeowners/ and ruining their lives...
 

wanda robo

LoanSafe Member
Sep 29, 2012
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Funny you should say that, TX. In every letter I wrote to members of Congress and the endless Federal Agencies, I used the term "rape". It's exactly how I felt. Raped by the Judiciary, raped by the Government, raped by my elected officials, raped by Wall Street. If and when you leave your home for the last time, you'll know what I'm talking about.
 

TXWilly

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Mar 21, 2013
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Anyone used 11 USC sec 548 to invalidate the foreclosure sale? (1. on the grounds of foreclosure not following state law/procedures 2. IF the homeowner gave adequate warning to the alleged new buyer (read crook who is working with bank, fc mill and other crooks in this loot).

I have a hearing on this on BK court in few days. I guess the judge must have read my documents/evidences I filed and this is one of the strong points on which a foreclosure sale can be invalidated in a Bankruptcy court. And my opponents have NO evidence of their innocence while I have documented proof of the text messages between me and the crook (alleged new buyer) (who said he will check with his attorney but never did anything to reverse the sale when he had time). And I have other volume of evidence from private investigators which will also be seen to prove the fraud in every stage of the loan, first foreclosure, the reversal, other documents/appointments/all signed by robo signers and few with/under penalty of perjury and few were filed by bank/fc mill lawyers too. Any tips on this is greatly appreciated... Thanks in advance.
 

TXWilly

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Mar 21, 2013
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Also, on the same hearing on the cross-motion opposing the (crook's motion to lift the stay), I have asked for invalidating on the 11 usc 548 and ALSO cross-motion for Summary judgment (based on my pleadings/evidences submitted). So the judge should rule for me but you never know until the decision. I am not sure whether the BK judge/court has jurisdiction to give the title back to me or only can invalidate the sale and I already have a federal case on title and other fraud against this crook and other crooks (bank/fc mill /others). So most probably judge will just invalidate the sale and grant the stay (of eviction and other judgment which obtained based on fraud), until the other federal (US district court) adjudicates the main/other lawsuit. Either way, it will be good. But if the BK court has authority it can reverse the title to me. let us see.
 
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wanda robo

LoanSafe Member
Sep 29, 2012
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So I thought to celebrate the filing of my lawsuit and proving I'm an advocate, way before it was popular, I would reference something that Legal Aids across the country have been referencing for years, as well as many scholars..


I suffered many NASTY comments, but I'm a big girl. AND I may have just made a difference. I participated in the "Notice & Comment" process which is afforded via the APA.



Love you all. You can make a difference.
 
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isisis

LoanSafe Member
Jun 22, 2010
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Just Me/Isisis:
I agree. We are in the battle not because we like the battle, but for most of us there is no other option. It is almost like OK land grab/run happened years ago but even then there were some house rules were followed and those who did not follow the rules of the game (at that time), shot/punished. Some thought came to my mind when the CEO of a major firm is got charged for sex trafficking, and I was comparing that to the loot of homes (no way one can equate a home to a damage done to a sex crime/victim), but when that CEO (Jeffrey Epstein )can be jailed/arrested, why not the CEOs of banks/FC mills, law firms who are doing some kind of similar crime to the families/homeowners/ and ruining their lives...
I'd imagine that for some people the loss of a family home would be no less devastating than sexual abuse
 

just_me

LoanSafe Member
Sep 14, 2015
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Anyone used 11 USC sec 548 to invalidate the foreclosure sale? (1. on the grounds of foreclosure not following state law/procedures 2. IF the homeowner gave adequate warning to the alleged new buyer (read crook who is working with bank, fc mill and other crooks in this loot).

I have a hearing on this on BK court in few days. I guess the judge must have read my documents/evidences I filed and this is one of the strong points on which a foreclosure sale can be invalidated in a Bankruptcy court. And my opponents have NO evidence of their innocence while I have documented proof of the text messages between me and the crook (alleged new buyer) (who said he will check with his attorney but never did anything to reverse the sale when he had time). And I have other volume of evidence from private investigators which will also be seen to prove the fraud in every stage of the loan, first foreclosure, the reversal, other documents/appointments/all signed by robo signers and few with/under penalty of perjury and few were filed by bank/fc mill lawyers too. Any tips on this is greatly appreciated... Thanks in advance.
I think the fraudulent transfers are in regards to the debtor. I really can't see how this would apply as a foreclosure defense or a way to undue a sale. Now if the BANK was in bankruptcy and sold the house to avoid paying debt, this would apply. Fraudulent transfers is a misnomer. I don't think of fraud I think of theft and thieves. But the gist is that you are defrauding a CREDITOR by selling or transferring an asset (fraud). You wouldn't be a creditor in this transfer.


I thought you were attacking the mortgage transfers/assignment as the "fraudulent transfer" ? This is not same thing as 11 USC. (I know you gave a notice in writing, always good to have paper trail.)

Also, I'm not an attorney but I do have a little time to review some things right now. I thought you were proving fraud on signatures and non-existent POAs? The only way this would be a fraudulent transfer (11-548) is if the INITIAL BANK was transferring or hiding assets to defraud creditors (and you were a creditor who was harmed in the bankruptcy). Yes, this is a possibility. I just don't know if you can use 11USC Section 548 in particular with regards to the new purchaser.
 

just_me

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Sep 14, 2015
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Ooops, part of my answer didn't take. I also wanted to add that you can reschedule hearings and amend petitions if you need to buy time or correct your paperwork. I would want to void the note or transfer (based on fraudulent sigs or lack of ownership). That would undo the foreclosure.
 

wanda robo

LoanSafe Member
Sep 29, 2012
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FedUp02

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Apr 26, 2009
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What a joke. $20MILLION in restitution. Do the math:
20MILLION divided by 450,000 consumers= $44.44 each. Wow, don't spend it all in one place....
Yeah, Wands. How lucky can you get? I could sure make $44.44 go a long way. At least as long as my arm.
 

just_me

LoanSafe Member
Sep 14, 2015
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It's been awhile since I've reviewed TX law. But this confirms that standing must be at inception -

"The general test for standing is whether there is a real controversy between the parties that will actually be
determined by the judgment sought. Tex. Ass'n of Bus., 852 S.W.2d at 446. “To establish
standing, a person must show a personal stake in the controversy.” In re B.I.V., 923 S.W.2d
573, 574 (Tex. 1996) (per curiam). Standing must exist at the time a plaintiff files suit; if the
plaintiff lacks standing at the time of filing, the case must be dismissed, even if the plaintiff later
acquires an interest sufficient to support standing. Doran v. ClubCorp USA, Inc., No. 05-06-
01511-CV, 2008 WL 451879, at *2 (Tex. App.-Dallas Feb. 21, 2008, no pet.) (mem. op.);
Kilpatrick v. Kilpatrick, 205 S.W.3d 690, 703 (Tex. App.-Fort Worth 2006, pet. denied). And the
standing doctrine requires a controversy to continue to exist between the parties at every stage
of the legal proceedings, including the appeal. City of Dallas v. Woodfield, 305 S.W.3d 412,
416 (Tex. App.-Dallas 2010, no pet.)."


This may be grounds to undo the sale based on no right to take it. This does sorta involve the transfers, but to stop the second transfer to a new purchaser, you would want to ensure you address this in a motion. I may be telling you something you already know. I would motion to enjoin (?) or estopp the sale from proceeding and further transfers while motions and cases pending. Or alternatively, submit motion to void /vacate rulings based on lack of standing. Have supporting case law, argue why this is true.
 
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just_me

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TXWilly - Something else in your favor is the right of redemption. At minimum you can request this as a reason to retain your rights during this period. I think you may have 6 months to repurchase. Right of Redemption Rights are even something considered valuable enough to be sold to others. This particular article talks about tax sales but does include other sales at 6 mos which might be ref to FC. In my state, they have watered this down to only if FC does not sell for 2/3 appraised value. Not sure details in TX, but this right may be helpful to your arguments.

This may all scare the new purchaser. In my area, the sales are not completed immediately. One has months to pay if they choose, deeds not transferred until all checks clear. Purchase may still have means to back out.
 

TXWilly

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Mar 21, 2013
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Just me:

Thanks for your time/posts and I sincerely appreciate it. Mine is not a tax sale, but fraudulent sale/FC. It is a complex issue and I guess the state case laws may not help much but I have federal/bk case laws in my support. What I have done is I caught a bunch of crooks stealing from/a home who tried 4 times earlier but not successful (1st time reversed, 2,3,4, attempts did not succeed) and 5th time they did it again but I caught them in the act with evidence from my private investigator/s when the cops did not act (your tax dollars at work). It is like they are caught and also put on handcuffs to the window where they cannot escape. As per state law any purchase can be reversed within 3 days and I gave specific warning to that last crook who got involved in this scam, enough warning and still he chose not to reverse claiming he will check with his attorney. So clearly he ignored the warning. So he has to sue his attorney (if he ever consulted) and/or the other crooks who helped him in the sale (and I have all of them + this crook ) in another federal suit which is pending and all set for trial soon. So they cannot escape. But all said and done, have to wait and see how the judge rules/decides... Even if the last crook decided to reverse he could have done so before the sale deed was recorded, but he did not do and he is actively into the scam. So he has to pay for it. .. along with others.... Karma never failed (that is what I have been believing so far and I hope I will not change...).