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.

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Comments

  • Anonymous  On August 17, 2011 at 11:23 AM

    I was a past client of Summit Legal and paid $2800 and got nothing accomplished….but I’m not giving up.

    I just wanted to take the time and recognize my meeting yesterday with Shaffer and Gaier. After meeting with them personally and speaking with their staff last week- I know that Shaffer and Gaier together with the Lanston Wright team can help my husband and I tackle our foreclosure situation. My family has agreed that as soon as we are served- we will have the Shaffer and Gaier team answer our complaint and begin the retainer agreement. The passion that they have to help home owners is to be highly commended. The only way the economy is going to stablize is if and when the wall street fraud stops and consquences are paid. Shaffer and Gaier are giving the homeowners a voice and for standing up to the fraud and abuse!

    I know that they are deposing Fannie Mae today, Wells Fargo tomorrow and HSBC on Friday—these guys have the guts to hammer the big boys which will drive the settlements.

    Donna I.
    New Hope PA

    • Anonymous  On May 18, 2012 at 10:05 PM

      have they helped you in your foreclosure? have you gotten anywhere with gaier?
      what stage are you at? just am looking for some hope. thanks…

    • lynnt21  On May 24, 2012 at 6:02 PM

      Donna how is your case going? any updates on your progress? have they helped you (gaier) as promised? hope things are good for you… thanks…

  • best foreclosure site  On October 17, 2011 at 6:07 PM

    Awesome stuff about
    You actually placed right stuff on the table.
    I hope more users will get the information that i receive from you.

  • Lb w  On October 21, 2011 at 4:42 PM

    Wow! That is awesome! Donna can you please let me know the status of your case. I have lived in my home for 17 years and we are going to lose it. Do you call Shaffer and Gaier or the Lanston Group? They sound amazing and very concerned for people. Everyone seems to just want to rip you off these days, so I am very interested to speak with honest caring people. Thanks…. Hope to hear from you

  • Anonymous  On October 26, 2011 at 4:58 PM

    Sign the petition to the president against illegal foreclosure activities of Deutsche Bank. http://wh.gov/TQQ

  • William  On November 9, 2011 at 7:12 AM

    The VA loan guarantee officer MUST be indicted.Lets make it happen! Study this link and the comments.
    http://4closurefraud.org/2011/10/05/unsealed-complaint-wells-fargo-bank-of-america-j-p-morgan-chase-and-gmac-mortgage-engaged-in-a-brazen-scheme-to-defraud-our-nations-veterans/

  • William  On November 9, 2011 at 7:22 AM

    IMHO, it appears the Atlanta VA loan guarantee officer MUST be indicted. Lets make it happen! .
    Is this about a CRIMINAL NETWORK of BANK LOAN OFFICERS (not ‘BANKS’), LOAN ORIGINATORS/BROKERS, Real Estate Brokers, AN INSIDE KING-PING?, VA LOAN GUARANTEE OFFICER? and a Protection racket POSING as LAWYERS?, A CRIMINAL RACKET that has here to fore been well concealed? If so, only to be exposed by the VA LOAN GATE? The VA Loan Guarantee Office is NOT a BANK, or the FDIC or Fannie Mae, or Freddie Mac. It is constructed differently. Thus, it takes a BRAZEN and very CONFIDENT and well organized criminal racket to conceal this type activity over time. Necessarily, it must be ‘go to the top’ of the judicial system, to cover up any leaks as they occur. The ramifications of this VA-GATE, to the lives of everyday Americans, especially Georgians are unfathomable! How high and deep must the machine of corruption go to sustain such a BEAST? The VA Loan Guarantee officer swears an Oath to the USA not some inside operatives at BOA! It is unreasonable to expect a private lawyer to investigate crime where other fellow private lawyers are potentially involved. This case is apparently corrupted from its inception., and the failure of the DOJ to prosecute is suspect at best. IMHO
    Study this link and the comments. How much did they steal and who got it?
    http://4closurefraud.org/2011/10/05/unsealed-complaint-wells-fargo-bank-of-america-j-p-morgan-chase-and-gmac-mortgage-engaged-in-a-brazen-scheme-to-defraud-our-nations-veterans/

  • Bedrock  On February 6, 2012 at 7:53 PM

    Lanston Wright is really Blair Wright, a scam artist who’s changed company names and fronts more than you can imagine. Here he is being interviewed by CBS for his company Outreach Housing: http://www.cbsnews.com/stories/2009/02/12/cbsnews_investigates/main4798746.shtml&ved=0CBQQFjAA&usg=AFQjCNHiHZVhIMRKo6J7J0WIlu3ZlYJZkA

  • Utido  On February 9, 2012 at 2:40 PM

    hi!!!

  • Michael Brogan  On April 17, 2012 at 8:18 AM

    Donna, I hope your hope holds out. With this new 49 states attorneys general deal i think they intend to make the people who are helping you the actual criminal that they go after. They pledge to fight the fraud in the foreclosure crisis, but the fraud is listed as those who are either helping or maybe not helping people with renegotiation paperwork. No fraud is listed on the part of the banks, except all the fraud they comitted, and that fraud as long as it stops now has been forgiven! The new bill of rights for borrowers that is a result of this 26 billion dollar deal confirm what was illegal before is now illegal again its just forgiven from 2002 -2012 when it was so widely used to cheat 11 million americans out of everything they owned. I am one of those people. The truth of the matter i state in my new blog on four square.com titled foreclosedonleftfordead. you are lucky to be in a place where you indeed may get some relief but i believe that it will be harder to get than is stated simply by the fact that lawyers don’t like risks and the mere failing of one restructure could point to a crime as far as the legal system is concerned. I wish nothing but the best for you and hope your situation is one you come out on top of; if you don’t please go to my blog and sign up because you deserve to win, we all do! Banks and the Attorneys Generals of every state dont deserve the riches they did nothing to amass and its time 11 million of us told them so and if they don’t listen we show them so!
    Regards,
    Michael Brogan

  • lynnt21  On May 19, 2012 at 12:16 PM

    Donna any updates on your case? Have they helped you, gaier?
    Just wanted to if they have helped you as they had promised… thanks…

  • lynnt21  On May 19, 2012 at 12:19 PM

    Donna how is your case going? any updates on your progress? have they helped you (gaier) as promised? hope things are good for you… thanks…

Trackbacks

  • […] 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. […]

  • […] 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. […]

  • […] New Foreclosure Blogs Posted (theforeclosuredetonator.wordpress.com) […]

  • […] New Foreclosure Blogs Posted (theforeclosuredetonator.wordpress.com) […]

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