So far, I have come up with RICO (one year of SOL left), FFDCPA ( on -going violation) for my federal. Other claims: theft by deception, UTPA, and unjust enrichment (tort) but can only assert them after injury (house sold). Fraud's sol expired.
My friend, there's another side to that which you might find interesting. Yes, it was pandering...yes, it was to promote themselves....and yes, it was disgusting and done rather inappropriately.Well they're we have it. Proof that Pelosi et all are trolling Bagels for campaign strategy. Krafty, there's your response to democrats not saying anything.
I'll be honest. The first word that came to mind when I saw Pelosi and crew kneeling for nine minutes in full cultural appropriation regalia was pandering. But then I stopped to remind myself I never signed anything promising to be jaded all the time. Kneeling is a posture too rife with historical symbolism not to be powerful. It signifies concession, penitence, a plea, a willingness to compromise, adoration, atonement and a prayer among other things. More generally it signifies humility in the face of something greater than yourself. Genuflection is a gesture of the deepest respect.
Kaepernick used the poignant stance as protest and it was interrupted as a sort of arrogance which was ironic but it caught on due to the "arrogance" of bowing to something more powerful than our society's perception of equality. So hats off to the democrats and Mitt Romney as well for marching with the protesters! And the policemen too who took a knee. Now let's see if it engenders positive change.
BTW, cultural appropriation is a good thing you silly PC types. It's one of the ways society grows and strengthens with our diversity
I wonder if the fraud SOL is indeed expired, because you might or might not be able to tie it into whenever the injury occurs--when they sell the house. Maybe, maybe not, just thinking out loud....So far, I have come up with RICO (one year of SOL left), FFDCPA ( on -going violation) for my federal. Other claims: theft by deception, UTPA, and unjust enrichment (tort) but can only assert them after injury (house sold). Fraud's sol expired.
I like this one....Another case involving the debt buyer and defaulted loans:
Razor Capital, LLC v. CMax Fin. LLC, CASE NO. 17-80388-CIV-MARRA | Casetext Search + Citator
Read Razor Capital, LLC v. CMax Fin. LLC, CASE NO. 17-80388-CIV-MARRA, see flags on bad law, and search Casetext’s comprehensive legal databasecasetext.com
I've come across it a lot in research, what kind of info are you looking for?Is anyone familiar with a stipulated dismissal? IE keeping counterclaims after plaintiff's case is dismissed.This is one *little* legal item that my former legal aid attorney *neglected to mention.* It was my primary concern, she knew it, yet she played ignorant.
Does it necessarily need to be agreed to or approved by the Judge in advance, in order to obtain a dismissal. Why would a dismissal of their case automatically make my claims "dissappear" especially since I have already answered. I believe somewhere in there, is a procedure or a right. Where? All I found was a sample motion where the judge approved the stipulation. Ordinarilly, one sues for costs and makes opposing party liable, but when you have a free attorney or are pro se, you have no billable hours for that particular claim. (So they argue no harm no foul even though they have tied you up for a decade.)I've come across it a lot in research, what kind of info are you looking for?
OK, a stipulated dismissal is one in which the parties agree to dismiss their claims. It's not an automatic thing. Can you back up a bit? I am curious, did the other side bring this up to you, and if so, how did they discuss it? What did they say?Does it necessarily need to be agreed to or approved by the Judge in advance, in order to obtain a dismissal. Why would a dismissal of their case automatically make my claims "dissappear" especially since I have already answered. I believe somewhere in there, is a procedure or a right. Where? All I found was a sample motion where the judge approved the stipulation. Ordinarilly, one sues for costs and makes opposing party liable, but when you have a free attorney or are pro se, you have no billable hours for that particular claim. (So they argue no harm no foul even though they have tied you up for a decade.)
I can certainly see getting taken advantage of on a procedural level (for pro se) by both the judge and opposing counsel when given (or taking) the opportunity to dismiss a FC against you.
SOL cannot run out on your claim if you already filed it with the court. If you filed a counter claim or cross claim, then as long as it was still within SOL on the day you filed, you're fine. Just as SOL cannot run out on their foreclosure claim once it's filed, same applies to our counter claims. That's the weapon we have available to counter that effort. Unfortunately, for most of us, we either didn't file a counter claim or we filed one that did not include everything we could and should have put in there.My experience is the foreclosing bank/servicer/so-called investors will do anything to steal your house because they know the judges are already bought off. Once they know you are up to their tricks they will prolong the case to run out all the SOLs on fraud, misrepresentation counterclaims with the blessing of the judges. If you are not up to speed on the law +procedure (like I was) the SOLs will run out on your claim. So the bank/servicer's position is if the homeowner does not know we get a free house, if he knows we will trick him so there will be no harm to us.
In my case, the judge was on the side of BOFA excluded my evidence on indorsements and I let it go without filing an appeal. I was not up to speed on evidence rulles and how to authenticate records. Then she excluded all the evidence in concluding the note and indorsements were authentic. I think my claim on fraud and misrepresentation expires since I filed my motion more than 2 years ago. Now I have to wait for them to make the next move because if they make the wrong move (like filing for a writ) they could restart the my fraud and misrepresentation claim. For now, The only way to get back at them is to file a whistle-blower with the SEC and the DOJ, then a federal suit on RICO before the SOL on that expires. If they sell my house then I can file for unjust enrichment and theft by deception (can not do it now because there is no damage yet).
Sometimes you need to look at the forest not the trees. Whatever specific symbolism the clothes or flag contain and even if the democrats have their own agenda the gestures themselves matter because they're acknowledging the validity of the protests. When the powerful are willing to bow and admit to injustice it makes a strong statement to the oppressed.My friend, there's another side to that which you might find interesting. Yes, it was pandering...yes, it was to promote themselves....and yes, it was disgusting and done rather inappropriately.
You see those kente cloths they are wearing? Therein lies the problem, and it is twofold. First, in modern times those represent the affluent. The wealthy. In modern times, you would find rich people wearing them, not the everyday average person that those Democrats want us to believe they are kneeling to represent. And second--and here's the bigger faux pas--traditionally they were worn by the wealthy members of the Ashanti tribe, in what today is known as Ghana. They were usually made of silk--which was reserved only for the rich folks back then. But the real issue? The wealthy Ashantis who wore these were land owners who owned slaves, or slave traders who made their fortunes by selling people as property. That's what happens when someone who doesn't understand the culture tries to elevate themselves in a photo op. She's trying to tell the black community, "We're with you", by wearing a symbol traditionally reserved for rich slave owners in Africa. Yep.....pandering.View attachment 163
And it gets worse. See that photo.
The photo I attached shows Nancy Pelosi presenting George Floyd's brother with a folded American flag. The flag apparently flew above the Capitol on the day George died. Think about this for a moment....ever seen a folded flag given to family members when someone has died? Sure, we all have. When does it happen? It's done for firefighters, police, first responders, and members of our military, often when they died in the line of duty.
I get it, George Floyd did not deserve to die, and his death is criminal...I hope those former cops are prosecuted to the fullest extent. But this is something reserved for a very specific purpose, and this was like spitting in the face of those whose loved one died earning that tribute. A couple of the best people ever put on this earth, that I had the honor of serving with, are among those. This was a real slap in the face. And of course, photo op. This is the same Nancy Pelosi who declared a couple years ago that Trump's wall idea was stupid because walls and fences don't work....while she lives in a large house with a high fence all around it. She is pandering, absolutely. And it's painfully obvious.
I've been watching Pelosi's actions for some time now. Ever wonder why she only does this kind of thing in an election year? I sure noticed that. This is pandering, plain and simple. She has not shown an ounce of care or concern, not even for the people within her own district. This is not about the forest or the trees. It's about truth. Did you know that her father is Thomas D’Alesandro Jr. ? This man was mayor of Baltimore from 1947 to 1959. He personally oversaw so many racist policies and plans that Baltimore has been forever scarred by his racism. She didn't fall far from the tree. In 1948, when statues of Stonewall Jackson and Robert E. Lee were dedicated in Baltimore, Pelosi was in attendance at the ceremony with her dad. Pelosi only gets involved with race issues when there's a tv camera rolling and there's an election coming up. She's a racist from a family of racists. Even younger democrats like AOC have pointed to Pelosi's racist attacks.Sometimes you need to look at the forest not the trees. Whatever specific symbolism the clothes or flag contain and even if the democrats have their own agenda the gestures themselves matter because they're acknowledging the validity of the protests. When the powerful are willing to bow and admit to injustice it makes a strong statement to the oppressed.
The president failed to meet grief and justifiable anger with any promises of ameloration and justice. Instead he threw gasoline on the fire with threats of retaliation. The democrats gesture may have done something to calm down the rioters that Trump all but incited.
My "lender" amended their argument, several times, (completely new now) so I see no problem to amend by homeowner to include new claims or additional claims, especially if they are newly discovered and as long as it relates back. (No haven't done it yet) I really do think they tried to run out the SOLs on me (on their acts). It's not going to work.SOL cannot run out on your claim if you already filed it with the court. If you filed a counter claim or cross claim, then as long as it was still within SOL on the day you filed, you're fine. Just as SOL cannot run out on their foreclosure claim once it's filed, same applies to our counter claims. That's the weapon we have available to counter that effort. Unfortunately, for most of us, we either didn't file a counter claim or we filed one that did not include everything we could and should have put in there.
Little known fact. The clock stops ticking on a SOL while you're in Chapter 13. Maybe seven too.My "lender" amended their argument, several times, (completely new now) so I see no problem to amend by homeowner to include new claims or additional claims, especially if they are newly discovered and as long as it relates back. (No haven't done it yet) I really do think they tried to run out the SOLs on me (on their acts). It's not going to work.
I agree with MT in that they will get you on procedure. I heard once, "If they argue procedure, you argue substance." and vice versa.