Tide is Turning: UNlawful Detainer Action turns Into Battle over Wrongful Foreclosure

AURORA LOAN SERVICES VS. STELLAO; HEARING IN SUPERIOR COURT, El DORODO COUNTY, CALIFORNIA
Released /November 19, 2008 Congrat’s to client Stella O. and borrowerhotline.com “EXPERT” to counsel in the above matter of occupancy. [Unlawful Detainer] .

A hearing scheduled today was in response to a lender foreclosure and recorded trustee’s sale.

Arguments before the court included a motion to dismiss and grounds for establishing an unlawful conveyance of the subject property. The challenge to the unlawful conveyance and standing assumed arguments the Plaintiff was in fact, not the holder in due course.

The Defendents motion was considered prior to the court’s determining to set the entire matter over for trial later this month in Superior Court of Contra Costa County. The case includes a counter claim for unlawful foreclosure by parties under [Civil Procedure section 1162] brought against Plaintiff, AURORA Loan Services. Arguments challenging the occupancy were to be heard at today’s hearing under the claims of an a voidable lien and unlawful conveyance.

The entire matter was set for trial . “…for the most part, this is unheard of in a UD hearing, but hopefully a sign of things to come” according to Maher Soliman, “Expert” speaking on behalf of the defendant and attorney Mark Terbeek. 11.19.2008 /Special thanks to Counsel, MTerbeek, B Michelson, Edwin Heath and Special Thank you to Livinglies.wordpress.com & Neil F. Garfield

“The real glory is- not in winning, but being knocked to your knees and then coming back. That’s the essence of it all” / V.Lombardi) M. Soliman Nationwide Loan Services.

8 Responses

  1. I HAVE BEEN A VICTIM OF AURORA. CAN YOU PLEASE REFER SOME ATTORNEYS IN CALIFORNIA WHO ARE FIGHTING LAWSUITS AGAINST THIS CORRUPT GIANT, AURORA LOAN SERVICES LLC. THANK YOU.

  2. “– That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

    We the people have in our hands, an instrument of peace:

    Recall is a procedure that allows citizens to remove and replace a public official before the end of a term of office. Historically, recall has been used most frequently at the local level. By some estimates, three-fourths of recall elections are at the city council or school board level. This brief, however, focuses only on the recall as it applies to state officials.

    Recall differs from another method for removing officials from office – impeachment – in that it is a political device while impeachment is a legal process. Impeachment requires the House to bring specific charges and the Senate to act as a jury. In most of the eighteen recall states, specific grounds are not required, and the recall of a state official is by an election.

    Eighteen states permit the recall of state officials:

    Alaska
    Arizona
    California
    Colorado
    Georgia
    Idaho

    Kansas
    Louisiana
    Michigan
    Minnesota
    Montana
    Nevada

    New Jersey
    North Dakota
    Oregon
    Rhode Island
    Washington
    Wisconsin

  3. Is there a benefit to a pro se to buying both the Homeowners and Attorney work books. I already have the Atty book.
    Thanks.
    Norm

  4. Please remember these very words that we were taught in middle school and that ring so very true today in our present Economic Crisis…….
    “We hold these truths to be self-evident that all men are created equal, that they are endowed by their creator with certain inalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness. That to secure thse rights Governments are instituted among Men, deriving their just Powers from the consent of the governed. That whenever any form of governmernt becomes destructive of these ends, it is the Right of the people to alter or abolish it, and to institute new Government, laying its foundation on such priciples and organizing its Powers in such form, as to them shall seem most likely to effect their Safety and Happiness………………….And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other OUR LIVES, OUR FORTUNES, AND OUR SACRED HONOR……….
    ……………from the preamble to the Declaration of Independence……………This is when they got it right…………….Whatever happened to these values????????………………..

    Kathi

  5. YOU GO KATHI!!

    I would like to know if you have an email address? If so I would like to stay in touch with you, like most people we have a lot in common, as you move forward, I would like to share some things with you and your Family.

    God Bless You
    Connie

  6. I will always continue to a fighter in the struggle, but sometimes people like to at least see or know someone who has achieved a level of success. I, at this point have nothing to lose because they have already taken my home and destroyed my dreams and my family. I am going to do whatever it takes within all my power to go the distance and file my complaint in Federal Court as a Pro Se litigant……..nothing to lose, but something to gain…………..Peace

    Kathi

  7. Dear Cathy,

    I searched for local civil rights attorneys, and consumer advocacy attorneys, I shared this blog with them and asked them to attend one of Mr. Garfield’s seminars.

    I became a teacher and a doer, and the attorneys will follow, sometimes they see it, but the lack the comfort level with something that even though they learned it in law school, sometimes they cannot see further than the fact that you may be late on your so called mortgage payments and most are not familiar with the ins and outs of the mortgage securitization process.

    Just keep calling, do not despair, just hang in there and find the one, he or she is out there.

  8. But can you find an attorney in Arizona to represent you?

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