Florida lawyers representing borrowers in default said they would start filing motions as early as next week to have hundreds of foreclosure actions dismissed.
While GMAC is the first big lender to publicly acknowledge that its practices might have been improper, defense lawyers and consumer advocates have long argued that numerous lenders have used inaccurate or incomplete documents to remove delinquent owners from their houses.
The issue has broad consequences for the millions of buyers of foreclosed homes, some of whom might not have clear title to their bargain property. And it may offer unforeseen opportunities for those who were evicted.
“You know those billboards that lawyers put up seeking divorcing or bankrupt clients?” asked Greg Clark, a Florida real estate lawyer. “It’s only a matter of time until they start putting up signs that say, ‘You might be entitled to cash payment for wrongful foreclosure.’”
WILSON v. BANK OF AMERICA CORPORATION, N.A.
September 27, 2010.
...
This matter is before the Court on defendants' motion to dismiss plaintiffs' complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).
...
From the complaint it would appear this suit involves loans taken out on three residential properties located at: 480 Speyer Place, Saint Charles, MO 63303; 4127 Juniata, Saint Louis, MO 63116; and 4100 Wyoming, Saint Louis, MO 63116. Plaintiffs Anita R. Wilson and Alexis Wilson, have filed a three-count complaint against defendants Bank of America Corporation, N.A. ("Bank of America"), Brian T. Moynihan, Neil A. Cotty, and Barbara J. Desoer[ 1 ] with respect to these three properties. Plaintiffs, who are proceeding pro so, allege fraud in the inducement, fraud in fact, and material misrepresentation. Plaintiffs may also be attempting to bring claims under 42 U.S.C. §1983, and various other federal statutes. For relief, plaintiffs ask the Court to discharge all of their mortgage debt, release all of the liens and deeds on the properties, and remove all negative items from all major credit bureaus. Plaintiffs also demand $367,000.00 in punitive damages.
$367K in addition to keeping the properties!?? Talk about overdoing your welcome.
In response to plaintiffs' complaint, defendants filed a motion to dismiss. Defendants argue plaintiffs' complaint is devoid of the necessary facts required to support their claims, and that it merely contains general conclusions, legal allegations, and inflammatory statements. Defendants also argue that the complaint is plead in such a manner that they are unable to understand what plaintiffs' claims are or the grounds upon which their claims rest.
...
Accordingly,
IT IS HEREBY ORDERED that defendants' motion to dismiss [Doc. 9] is GRANTED, and plaintiffs' complaint is DISMISSED with prejudice. An appropriate Order of Dismissal will accompany this Memorandum and Order.
IT IS FURTHER ORDERED that plaintiffs' motion to compel discovery, motion to produce documents, and motion for a jury trial are DENIED as moot.
I have to side with the judge. Two wrongs don't make a right. Banks may be the root of all evil, but there's no excuse for trying to work the system in this kind of way. If you disagree, then you should consider who ends up covering the losses? Hint: it's not the banks.
Linky:
http://www.leagle.com/unsecure/page.htm?shortname=infdco20100927926
Feds Sue Fox <b>News</b> Over Reporter Catherine Herridge's Charges Of <b>...</b>
WASHINGTON — Federal authorities are suing the Fox News Network for allegedly retaliating against a reporter after she complained about unequal pay and job conditions based on her gender and age. The Equal Employment Opportunity ...
Probably Bad <b>News</b>: Toy FAIL - Epic Fail Funny Videos and Funny <b>...</b>
epic fail photos - Probably Bad News: Toy FAIL. ... Fail, Owned and Pwn moments in pictures and videos. Share fails, pwns, and owns with the world on FAIL Blog. Lolcats � Loldogs � Celebs � Look-Alikes � News ...
The Morning <b>News</b> | Slog | The Stranger, Seattle's Only Newspaper
Slog, featuring Dan Savage, is Seattle's most popular News & Culture Blog. Seattle News, Politics, and Arts Blog. The Stranger covers local & national news, politics, restaurants, bars, music, movies and the arts.
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Florida lawyers representing borrowers in default said they would start filing motions as early as next week to have hundreds of foreclosure actions dismissed.
While GMAC is the first big lender to publicly acknowledge that its practices might have been improper, defense lawyers and consumer advocates have long argued that numerous lenders have used inaccurate or incomplete documents to remove delinquent owners from their houses.
The issue has broad consequences for the millions of buyers of foreclosed homes, some of whom might not have clear title to their bargain property. And it may offer unforeseen opportunities for those who were evicted.
“You know those billboards that lawyers put up seeking divorcing or bankrupt clients?” asked Greg Clark, a Florida real estate lawyer. “It’s only a matter of time until they start putting up signs that say, ‘You might be entitled to cash payment for wrongful foreclosure.’”
WILSON v. BANK OF AMERICA CORPORATION, N.A.
September 27, 2010.
...
This matter is before the Court on defendants' motion to dismiss plaintiffs' complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).
...
From the complaint it would appear this suit involves loans taken out on three residential properties located at: 480 Speyer Place, Saint Charles, MO 63303; 4127 Juniata, Saint Louis, MO 63116; and 4100 Wyoming, Saint Louis, MO 63116. Plaintiffs Anita R. Wilson and Alexis Wilson, have filed a three-count complaint against defendants Bank of America Corporation, N.A. ("Bank of America"), Brian T. Moynihan, Neil A. Cotty, and Barbara J. Desoer[ 1 ] with respect to these three properties. Plaintiffs, who are proceeding pro so, allege fraud in the inducement, fraud in fact, and material misrepresentation. Plaintiffs may also be attempting to bring claims under 42 U.S.C. §1983, and various other federal statutes. For relief, plaintiffs ask the Court to discharge all of their mortgage debt, release all of the liens and deeds on the properties, and remove all negative items from all major credit bureaus. Plaintiffs also demand $367,000.00 in punitive damages.
$367K in addition to keeping the properties!?? Talk about overdoing your welcome.
In response to plaintiffs' complaint, defendants filed a motion to dismiss. Defendants argue plaintiffs' complaint is devoid of the necessary facts required to support their claims, and that it merely contains general conclusions, legal allegations, and inflammatory statements. Defendants also argue that the complaint is plead in such a manner that they are unable to understand what plaintiffs' claims are or the grounds upon which their claims rest.
...
Accordingly,
IT IS HEREBY ORDERED that defendants' motion to dismiss [Doc. 9] is GRANTED, and plaintiffs' complaint is DISMISSED with prejudice. An appropriate Order of Dismissal will accompany this Memorandum and Order.
IT IS FURTHER ORDERED that plaintiffs' motion to compel discovery, motion to produce documents, and motion for a jury trial are DENIED as moot.
I have to side with the judge. Two wrongs don't make a right. Banks may be the root of all evil, but there's no excuse for trying to work the system in this kind of way. If you disagree, then you should consider who ends up covering the losses? Hint: it's not the banks.
Linky:
http://www.leagle.com/unsecure/page.htm?shortname=infdco20100927926
Feds Sue Fox <b>News</b> Over Reporter Catherine Herridge's Charges Of <b>...</b>
WASHINGTON — Federal authorities are suing the Fox News Network for allegedly retaliating against a reporter after she complained about unequal pay and job conditions based on her gender and age. The Equal Employment Opportunity ...
Probably Bad <b>News</b>: Toy FAIL - Epic Fail Funny Videos and Funny <b>...</b>
epic fail photos - Probably Bad News: Toy FAIL. ... Fail, Owned and Pwn moments in pictures and videos. Share fails, pwns, and owns with the world on FAIL Blog. Lolcats � Loldogs � Celebs � Look-Alikes � News ...
The Morning <b>News</b> | Slog | The Stranger, Seattle's Only Newspaper
Slog, featuring Dan Savage, is Seattle's most popular News & Culture Blog. Seattle News, Politics, and Arts Blog. The Stranger covers local & national news, politics, restaurants, bars, music, movies and the arts.
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