Federal Courts Provide Foreclosure Victim A Stay from Eviction! L.A. Homeowner refuses to yield claiming Unlawful Foreclosure!

Posted on February 12, 2009 by Neil Garfield

Federal Courts Provide Foreclosure Victim A Stay from Eviction! L.A. Homeowner refuses to yield claiming Unlawful Foreclosure!

By M Soliman
Submitted by Keith Bloom

A Los Angeles Federal Court heard early arguments by plaintiff’s counsel for a temporary restraining order (TRO) in a suit filed against the lender and defendant Deutsche Bank in an unlawful detainer.

February 10, 2009 / http://www.borrowerhotline.com; Los Angeles, California – A Los Angeles Federal Court has agreed to hear the matter of a wrongful foreclosure in the case of Russell v. Deutsche Bank et al. The news is according to Maher Soliman a Juris Pro™ expert witness and case development analyst to counsel. In reviewing the matter the presiding judge agreed to the request by counsel to issue a TRO after taking the complaint and request for an injunction under consideration.

It’s noteworthy to cite how the defendant in the state UD case attacked the banks standing at the superior court level, and having lost, has now found new life in the federal courts. The federal court heard arguments for overturning the lenders recovery efforts in a foreclosure under the state’s power of sale provision. According to Soliman, “the borrowers file made no sense where audits showed errors, omissions and instances of negligent acceptance. The analysis considered the transfer of interest in the collateral questionable throughout the foreclosure. It is still unclear as to the parties standing and who the holder in due course in the foreclosure is”.

The next step is a hearing and early arguments for issuing an indefinite injunction pending the trial. Counsel for the plaintiff is J Barfield-McCarren. According to information received at press time the temporary restraining order will remain unopposed by the defendant’s in this matter.

MSoliman

Filed under: CDO, CORRUPTION, Eviction, foreclosure, GTC | Honor, Investor, MODIFICATION, Mortgage, securities fraud | Tagged: , , , , , |

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16 Responses

  1. Jack, on March 9, 2012 at 1:46 pm said:

    MAHER SOLIMAN is a FALSE EXPERT WITNESS. His resume is NOT VERIFIABLE and the cases he says he’s “won for the homeowner” are NOT VERIFIABLE. He is a SCAMMER….!!! Don’t get FOOLED by this guy….

  2. KH, on December 16, 2010 at 2:45 pm said:

    This news just in….

    My family and I are scrooged.
    Since, I was unable to get anybody
    to help us in time, they won..

    Furthermore, I was told today…
    Someone is on the way,
    No it’s not Santa
    with toys on his sliegh,
    None will be in good cheer
    Of this there’s no doubt,
    It’s our last night here..
    Before we’re locked out

    WE’LL BE HOMELESS FOR CHRISTMAS.

    So, what else can we say,
    But, Bahumbug……
    Cuz, we’ve no place to stay..

    If you’re reading this, I pray,
    that you and yours,
    have a much better day.

    702_782_9159
    Kevin in Vegas
    ..AKA..
    Kev in Nevada,

  3. Justine Smith, on November 9, 2010 at 7:57 pm said:

    What happens when your get a stupid atty.that does nothing for you, but stands around with his finger in his
    butt? Wher is the justice in that?

  4. KH, on October 5, 2010 at 3:50 am said:

    I failed to mention, my BK was dismissed in Aug, 2010.
    Also I’ve already tried to contact the attorneys listed here, but I’ve been unable to get attorney as of today.

    My other house MERS did an assignment, and now a sale is set for 10-20-10.

    PLEASE CONTACT ME A.S.A.P.
    by 702_782- phone-9159 or
    by email KZYHatHOTMAIL com .

    Kevin, in Vegas

  5. KH, on October 5, 2010 at 3:30 am said:

    THIS IS AN URGENT PLEA FOR AN ATTORNEY “WHO GETS IT”, THAT WILL TAKE A CASE INTO DISTRICT COURT (see my entry here, on June 26, 2010).

    I must go to Dist court and fight the sale.

    As of today, I still haven’t been able to retain an attorney.

    What I really want is an attorney that will do this case justice (cost is not an issue).

    I’m not too concerned with the cost, if you get what you pay for.
    I’ll meet with any attorney (with a can of whup-ass), “Who Gets It”.

    THE FOLLOWING IS FOR ANY ATTORNEY READING THIS,
    Do you cheer for the underdog? (stop cheering & start fighting..)
    What motivated you to become an attorney?
    Was it the money? (come get some..)
    Was it for fame? (use this case to send a big message, and be known around the world..)
    Was it to fight injustice? (get your gloves on & fight like a heavyweight champion, for me..)
    Was it for the euphoric high you get from crushing legal bullies.

    Please contact me A.S.A.P.
    by 702_782- phone-9159 or by email KZYHatHOTMAIL com .

    Thanks everyone.
    Kevin, in Vegas

  6. Dan Cruz, on October 4, 2010 at 3:01 pm said:

    My house was foreclosed on 8/2010 despite an active BK .Lender did not file for motion for relief.I felt that ther was a viloation on the sale.Pls. help.

  7. KH, on June 26, 2010 at 5:10 pm said:

    I was served with an UD complaint, which I answered claiming the Trustee sale was invalid and should be void because it was held a day earlier than the postponed date posted on the Trustee’s web site. Under NRS 107.080 any sale held without proper notice can be voided by any court with comp. juris. Also I claimed the Trustee’s Deed had Fraud on it’s face, as it claimed the sale took place on the date stated in the NOS or on the properly postponed date (NOT TRUE). Furthermore I claimed the acts of grand theft, and conpiracy were comitted by the Trustee, the Bank and the auctioneer. These actions deprived me of my right to protect my property.
    In court the judge asked me to explain and in doing so, also present any supporting evidence I may have. I explained on the day the sale was to be originally held, I gave the auctioneer some docs, to be sent to the Trustee. Afterwhich I asked if the sale was postponed. The Agent replied yes.. but you’ll need to check the Trustee’s Site to see when the will be held. The Trustee’s Site stated the 1/4/10 sale was postponed, and the sale will be held on 1/6/10. The Trustee and the auctioneer both knew this, but the auction was held on 1/5/10, and without notice or bidders the bank was able to get the house below market value, easily.
    I showed the judge the info printed from the Trustee’s site, all three dates. The judge asked the bank’s attorney to comment. The attorney I don’t know anything about it. That pissed off the judge a little, and ordered the attorney to return in 2 weeks with a better response. Two weeks later, the only thing the attorney had to offer the judge was a disclaimer which states the info on their site may not be acurate (the place I was to get the info from, the source). The judge was going to grant the writ, until she asked if I had anything else to present… WOW good thing I filed a ch 13 BK, pro-se the day before..
    But now I fear the BK Trustee. Also I’m not sure I’ll be unable to handle the BK pro-se.
    Then what?
    Dist court to fight the sale, pro-se?

    Anybody like to help?
    Lord knows I need help.
    call me anytime 702.
    782_9159..

    Thanks everyone.
    Kevin, in Vegas

  8. Jessie Smith, on January 8, 2010 at 9:37 am said:

    I am beign evicted Jan 12, 2010 at 10:00 Am
    I have received enough notification, The mortage company stated that it sent me a registered letter stated a ten day notice before it sent it the finally paper
    but I have not received it. What could have happened
    how can I find out if they actually sent the papers to me. What are they trying to do to me. What rights do I have to stay in my house? I am 88 years old. They offered me cash for keys but I didnot take it. There have been some mix up about our payments. I learned from the legal aid that I shoudl ahve sent my payments to one company I was not told by letter or phone that this company had my mortgage. What can be done today. I need help right now.

  9. Edgar L. Borne, III, Esq., on September 7, 2009 at 4:54 am said:

    I have noticed that the Russell v. Deutsche case has been voluntarily dismissed. It made a RICO claim. I am still researching this, but does anyone know what happened to the underlying case?

  10. Gaila, on June 21, 2009 at 11:56 pm said:

    We need some help fast. My 84 yr old WWII vet dad was recently foreclosed on his home of 45 years by EMC (wholely owned now by JP Chase Morgan, the BIGGEST recipient of government bailout money to help homeowners). This foreclosure was due to the LENDER’S error in improperly crediting a payment that was OVER because we didn’t have the payment coupon & exact $ amount at the time of the Western Union Quick Collect and that caused an error in their system saying it was an “improper payment”. They foreclosed in less than 2 weeks without ANY notification to us before the foreclosure and after til now. How can they foreclose on anyone WITHOUT any notification of them doing so or without serving them properly? Days before their sale date we were in communications with them on how to resolve what we were originally told was their error. We never even knew we had been foreclosed on until we were calling back to deal with the overage. Now, a tenant who occupys a part of the property is trying to get CASH FOR KEYS tomorrow, while our stuff is still on the property. What can we do to fight them? We do not have a lot of $ but we just cannot let them get away with this and loose the family home of 45 years worth over 300k, all over 1 $1400 payment that should have been only $1392. Please, please help! (310)871-2667

  11. MSOLIMAN, on June 16, 2009 at 5:29 am said:

    YES – DELIA CAN YOU TELL HER…..

    MSOLIMAN
    ADMIN@BORROWERHOTLINE.COM

    WHO MADE IT POSSIBLE . . . SO THAT OTHERS CAN ALSO GET BENEFIT FROM THIS . . .

    THANKS DELIA (HMMMM)

  12. Saurabh Goel, on May 15, 2009 at 4:18 am said:

    DELIA CAN YOU TELL HERE HOW YOU MADE IT POSSIBLE SO THAT OTHERS CAN ALSO GET BENEFIT FROM THIS

  13. bp in so cali, on April 24, 2009 at 5:00 pm said:

    Hi All- after looking at this site almost daily for the last 6 months I was very fortunate to meet personally with a major contributor to this website.Yesterday I met with Maher Soliman and his partner Brenda and was floored with their sincere knowledge and passion for helping people.Their track record is outstanding,and I am referring friends and family in need without hesitation literally as I am writing this to post.
    To all of you who are in perseverance of knowledge and sharing it here I want to thank you-and keep up the great work! bp in so cali

  14. Delia Aguilar, on February 28, 2009 at 2:57 am said:

    DeVonna Troope

    My home foreclosed in 08/28/2008, I am still in the home, Deutsche Bank has not serve us with the UD yet and now we are going into March.
    Delia pls call (925) 684-9523/home

  15. DeVonna Troope, on February 16, 2009 at 2:13 am said:

    Yeah!!! Im am happy to hear that there is some progress in staying unlawful evictions. I am happy to share in the victory that my father triumphed as well against Deutsche Bank and stayed his eviction as well. The UD is currently in appeal but the judge seems to get the violations that so many so-called “lenders” keep making over and over again.

  16. Paul, on February 12, 2009 at 6:02 pm said:

    “It’s noteworthy to cite how the defendant in the state UD case attacked the banks standing at the superior court level, and having lost, has now found new life in the federal courts.”

    I’m all for the consumer, but doesn’t the Rooker-Feldman Doctrine come into play here?

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