Daily Archives: July 16, 2011

New Foreclosure Blogs Posted

Our purpose here at TheForeclosureDetonatorFORUM has always been to encourage people to fight against injustice by fighting their foreclosures.  In keeping with our purpose our aim is to keep you informed.   If you have an attorney some of what we present to you may be of use to them.  If you are representing yourself Pro Se then the information is definitely useful.

ADDING TWO NEW LINKS

We have added two new links.  One – Foreclosure Industry – I have just come across and found it of value.   The other – LivingLies – by Neil Garfield has been around for quite some time and is probably the most read foreclosure defense blog around.  It is chock full of information.  You must take time to navigate through it but there is much valuable information that can be used by your attorney or yourself as Pro Se.

The foreclosure crisis is not yet over.  Foreclosures are on the rise again and there are literally millions of foreclosure cases around the country that have yet to make their way through the bogged down court systems.

As an introduction to Foreclosure Industry I offer this clip and link from a story I found very interesting.

How Fraudulent Joinder is Used to Remove Cases to Federal Court

This weekend, I worked on a Motion to Remand. The bank removed my case to federal court, which is standard procedure these days, at least here in Arizona. The issue of fraudulent joinder was raised, which led me to some interesting information on the subject.

I’m posting this because I don’t know how many lawyers are familiar with fraudulent joinder, and it’s increasingly being used in foreclosures in removals to federal court.

Essentially, fraudulent joinder is an emerging doctrine being used by bank defendants who don’t want to litigate in state courts.

Removal based on general diversity jurisdiction is proper only when there is complete diversity among the parties and there is no properly joined and served in-state defendant.

In plain language, this means that removal from a state court to a federal court is allowable only when all parties are not citizens of the state where they lawsuit it filed.

So, if a plaintiff wants to defeat diversity jurisdiction, they may add (sue) a non-diverse or in-state defendant along with the diverse defendants.

This makes the non-diverse or in-state defendant a “jurisdictional spoiler” because it “spoils” the diversity of all defendants, which would normally keep the case in state courts.

This means that the case cannot be removed unless ALL defendants are diverse, and if one party is NOT diverse, removal is not appropriate.

But this doesn’t stop the banks. They simply allege that the non-diverse party was fraudulently joined. In other words, the only reason the plaintiff added the non-diverse party was to keep the case in state courts.

Read More…click here

Refer to these sites and others in your fight against injustice that is destroying the American way of life … and our Republic.

Enhanced by Zemanta

Judge Schack Strikes Out Again For Justice

Supreme Court Justice Schack hits HSBC for ‘frivolous motion’ in foreclosure, asks boss to explain

BY JUAN GONZALEZ – NEWS
DAILY NEWS STAFF WRITER
Wednesday, July 06, 2011
Once again New York Judge Schack upholds the law and justice.

A Brooklyn judge has ordered the head of one of the nation’s biggest banks to appear in court and explain why it should not be penalized for submitting false documents in a foreclosure case.

In a scathing decision issued Friday, Supreme Court Justice Arthur Schack dismissed HSBC’s case against Bedford-Stuyvesant homeowner Ellen Tahrer as a “frivolous motion” and a “waste of judicial resources.”

A Brooklyn judge has ordered the head of one of the nation’s biggest banks to appear in court and explain why it should not be penalized for submitting false documents in a foreclosure case.

In a scathing decision issued Friday, Supreme Court Justice Arthur Schack dismissed HSBC’s case against Bedford-Stuyvesant homeowner Ellen Tahrer as a “frivolous motion” and a “waste of judicial resources.”

The bank failed to prove it even owned the $475,000 mortgage on Tahrer’s home, Schack ruled. Instead, its lawyers submitted documents from several notorious “robo-signers,” all of which claimed the original loan had been transferred to HSBC from Delta Funding Corp., the original lender, which declared bankruptcy in 2007.

Those documents were “replete with false statements,” Schack ruled. He ordered the British bank’s North American CEO, Irene Dorner, to appear July 15 to explain.

“Submitting false documents” is fraud upon the court.  It is a crime.  It is happening in almost every case in almost every court in the country.  Few, very few judges have the guts to call it what it is.  An illegal practice which makes a sham of our entire judicial system.  If judges (not Schack) can allow fraud and illegal practices to prevail in our courts then we do not truly have a court system that is fair.  This is not the type of system our Republic was meant to have.  These are kangaroo courts to say the least.

“Those documents were “replete with false statements,” Schack ruled” as he dismissed their case against the homeowner.   “He ordered the British bank’s North American CEO, Irene Dorner, to appear July 15 to explain.”

It will indeed be very interesting to hear how the CEO of HSBC explains his banks committing fraud, attempting to defraud the courts just to take a home away from someone, collect their losses from the U.S. Government, then sell the house they have NO investment in for any price which becomes pure profit on their books.

The banks stole America to cause this economic crisis and they all continue to steal from Americans for no other reason then greed, well perhaps to control the country and the population as well.

Thank you Justice Schack for your honesty and belief in our system.  For those that are not aware, Justice Schack has been ruling according to law against fraudulent foreclosures for nearly 4 years now.  He is a leader in the crusade for justice and the American way of life.

We will follow his rulings and cases closely.

Read the entire story in the New York Daily News…click here

Enhanced by Zemanta
%d bloggers like this: