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RE: [tips_and_tricks] Foreclosure & Bankruptcy

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  • Dessie Andrews
    Bankruptcy is federal venue and the district court has general power over bankruptcy. ... From: KnJ [mailto:knj_inc@ameritech.net] Sent: Friday, October 03,
    Message 1 of 6 , Sep 4, 2003

      Bankruptcy is federal venue and the district court has general power over bankruptcy.

       

      -----Original Message-----
      From: KnJ [mailto:knj_inc@...]
      Sent:
      Friday, October 03, 2003 2:35 PM
      To: tips_and_tricks@yahoogroups.com
      Subject: [tips_and_tricks] Foreclosure & Bankruptcy

       

      Hi,

       

         Sure hope someone can help me with this… I have a friend who was/is attempting to fight his bank (mortgagee) for fraud well he lost due to the Judge allowing summary judgment.  He then filed for bankruptcy (13) for the express purpose of having his foreclosure halted and in fact the foreclosure was effectively stayed.  But then he transferred his bankruptcy case to continue the fight for fraud in the District Court (Federal) and he has now become the plaintiff.  My question is this: is the foreclosure case still stayed or has it been reactivated due to his act of moving his case into the Federal venue?

       

      Thanx!

      Keith



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    • KnJ
      Hi, Sure hope someone can help me with this. I have a friend who was/is attempting to fight his bank (mortgagee) for fraud well he lost due to the Judge
      Message 2 of 6 , Oct 3, 2003

        Hi,

         

           Sure hope someone can help me with this… I have a friend who was/is attempting to fight his bank (mortgagee) for fraud well he lost due to the Judge allowing summary judgment.  He then filed for bankruptcy (13) for the express purpose of having his foreclosure halted and in fact the foreclosure was effectively stayed.  But then he transferred his bankruptcy case to continue the fight for fraud in the District Court (Federal) and he has now become the plaintiff.  My question is this: is the foreclosure case still stayed or has it been reactivated due to his act of moving his case into the Federal venue?

         

        Thanx!

        Keith

      • Russell Mortland
        He should have stay in bankruptcy court, did a contested matter under rule 9014 and challenged the mortgage with the holder in due course doctrine, then when
        Message 3 of 6 , Oct 4, 2003
          Message

          He should have stay in bankruptcy court, did a contested matter under rule 9014 and challenged the mortgage with the holder in due course doctrine, then when successful go to District court for fraud.

          Under the bankruptcy rules combined with Federal Rules of evidence you can demand that the original be produced and they would have to produce in so many days or there is no debt. 

          You can also claim forgery because even though you sign the promissory note they didn't disclose what they were going to do with the promissory not with your signature on it.

          FORGERY

                      There was a material alteration to the alleged agreement and promissory note bearing his/her handwritten name, and it was used for a purpose of which she was not apprised, and to which she would not have agreed.

                      Specifically, the execution of"...any writing so that it purports to be the act of another, who did not authorize that act,..." Black's 6th.  

                      The plaintiff did not authorize the financial institution to raise an additional asset for itself, using the signature of defendant to do so, without her knowledge.

          Now he's open himself to just about anything in the District court.

          -----Original Message-----
          From: KnJ [mailto:knj_inc@...]
          Sent: Friday, October 03, 2003 2:35 PM
          To: tips_and_tricks@yahoogroups.com
          Subject: [tips_and_tricks] Foreclosure & Bankruptcy

          Hi,

           

             Sure hope someone can help me with this… I have a friend who was/is attempting to fight his bank (mortgagee) for fraud well he lost due to the Judge allowing summary judgment.  He then filed for bankruptcy (13) for the express purpose of having his foreclosure halted and in fact the foreclosure was effectively stayed.  But then he transferred his bankruptcy case to continue the fight for fraud in the District Court (Federal) and he has now become the plaintiff.  My question is this: is the foreclosure case still stayed or has it been reactivated due to his act of moving his case into the Federal venue?

           

          Thanx!

          Keith

        • KnJ
          Russell and All, Thank you for your response. This is exactly what I have told him without being too critical of his mentor that is guiding him in his
          Message 4 of 6 , Oct 5, 2003
            Message

            Russell and All,

            �� Thank you for your response.This is exactly what I have told him without being too critical of his mentor that is guiding him in his process. Do you know if there is a way for him to retract this move into District Court and get it back into bankruptcy court? This is a 75 year old couple that is in the balance of losing their home and having NO fixed income either! I am doing all that I can to help them with my limited resources all help is much appreciated!!!

          • Russell Mortland
            Motion it to be dismissed and remanded back to the bankruptcy. Or better yet, Motion to Dismiss the case and then refile it in the bankruptcy court! I helped
            Message 5 of 6 , Oct 5, 2003
              Message
              Motion it to be dismissed and remanded back to the bankruptcy. 
               
              Or better yet, Motion to Dismiss the case and then refile it in the bankruptcy court!
               
              I helped on a chapter 13 for a friend and during the process the rules change in his favor so he did a motion to dismiss.
              That was 6 months ago and the creditors left him alone and he hasn't paid for anything.
              He is waiting it out while we are doing other things.
              He can refile at any time!
              -----Original Message-----
              From: KnJ [mailto:knj_inc@...]
              Sent: Sunday, October 05, 2003 9:14 AM
              To: tips_and_tricks@yahoogroups.com
              Subject: RE: [tips_and_tricks] Foreclosure & Bankruptcy

              Russell and All,

               

                 Thank you for your response.  This is exactly what I have told him without being too critical of his mentor that is guiding him in his process.  Do you know if there is a way for him to retract this move into District Court and get it back into bankruptcy court? This is a 75 year old couple that is in the balance of losing their home and having NO fixed income either! I am doing all that I can to help them with my limited resources all help is much appreciated!!!
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            • knj_inc
              By the way Russell thanx!! Regards, KEITHC Strange times are these in which we live when old and young are taught falsehoods; And the one man that dares to
              Message 6 of 6 , Oct 5, 2003
                Message

                By the way Russell thanx!!

                 

                 

                Regards,

                 

                KEITH©

                "Strange times are these in which we live when old and young are taught falsehoods;
                       And the one man that dares to tell the truth is called at once a lunatic and fool"  - Plato.

                -----Original Message-----
                From:
                Russell Mortland [mailto:rtm@...]
                Sent: Sunday, October 05, 2003 11:40 PM
                To:
                tips_and_tricks@yahoogroups.com
                Subject: RE: [tips_and_tricks] Foreclosure & Bankruptcy

                 

                Motion it to be dismissed and remanded back to the bankruptcy. 

                 

                Or better yet, Motion to Dismiss the case and then refile it in the bankruptcy court!

                 

                I helped on a chapter 13 for a friend and during the process the rules change in his favor so he did a motion to dismiss.

                That was 6 months ago and the creditors left him alone and he hasn't paid for anything.

                He is waiting it out while we are doing other things.

                He can refile at any time!

                -----Original Message-----
                From: KnJ [mailto:knj_inc@...]
                Sent: Sunday, October 05, 2003 9:14 AM
                To: tips_and_tricks@yahoogroups.com
                Subject: RE: [tips_and_tricks] Foreclosure & Bankruptcy

                Russell and All,

                 

                   Thank you for your response.  This is exactly what I have told him without being too critical of his mentor that is guiding him in his process.  Do you know if there is a way for him to retract this move into District Court and get it back into bankruptcy court? This is a 75 year old couple that is in the balance of losing their home and having NO fixed income either! I am doing all that I can to help them with my limited resources all help is much appreciated!!!

                To unsubscribe from this group, send an email to:
                tips_and_tricks-unsubscribe@yahoogroups.com



                Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.



                To unsubscribe from this group, send an email to:
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