In the instant case, the vast majority of evidence submitted by U.S. Bank in support of its motion for summary judgment could not be considered under Civ.R. 56 given that all of the documents attached to U.S. Bank’s motion were not properly incorporated into the affidavit submitted in support of the motion. Civ.R. 56(C), (E). In its complaint, U.S. Bank alleged that it was the holder and owner of both the note and mortgage. In order to prevail in its motion for summary judgment, U.S. Bank was required to demonstrate an absence of dispute as to those alleged facts. However, the copy of the promissory note attached to U.S. Bank’s renewed motion for summary judgment was not incorporated into an affidavit, and thus, it was
1 We note that the trial court never ruled on Patricia Richards’ motion for a more definite statement.
7
not appropriately considered as evidence under Civ.R. 56. There was no evidence contemplated by Civ.R. 56 properly before the court demonstrating that U.S. Bank was the owner and holder of the promissory note and mortgage deed.
Filed under: foreclosure |
Anonymous or Nei or anyone with expertise to answer –
bank filed 4closure action in aug. 2002. didn’t get assignment of mortgage and note until dec. 2002. mortgagor filed for BK shortly thereafter. auto stay imposed. stay lifted in 2004. bank continued on with the 4closure and obtained judgment in 2005, and sale in 2005.
Question: did the bank have standing to have continued with the 4closure suit, seeing that they eventually did get the assignment. NY matter.
Thanx.
The banksters toys are now all scattered everywhere. Soon the broken parts and pieces will have to boxed and then trashed for ever. Be a Patriot – Stop you mortgage payment ! Make a stand and fight these usurious bastards. Their game is over !
I know nothing and if I think I know something, I know nothing. I do not give legal advice because I don’t know legal things.
Give my home back and maybe, just maybe, I’ll spend your worthless papers again. Not! Game Over! Ah Ha! Now there’s all this talk on the net about restricting cash purchases and restricting spending cash all together. See you bankers thought we’d never figure it out, that a dollar coin is worth 100 pennies but a dollar bill is paper and worth the ink it was printed with, and you printed a lot of worthless paper and people have gotten smarter and are spending the dollar coins, and you thought you could trick us into thinking we had to wait for gold to come back or be available, but you aren’t stamping out coins, are ya? Nope! So your ‘tools’ that you keep talking about to stimulate and contract the economy to make yourselves richer ain’t working so well, is it? Ah ha! Thou shalt not STEAL! and the universe has heard us as we are all One, all are created equal, and all it takes is a small percentage of us to wake up and the ‘collective conscious’ of us One wakes up. Ah ha!
Well you may want to restrict cash, because each dollar coin spent pulls a dollar bill out of circulation, but you lost your power when you stole from us! Now sit back and feel the squeeze for a change. There’s two types of news now, those that say things are looking good and those that say things are looking bad. Well someone is lying and someone is being paid to lie. Doesn’t matter, we know the lies are out there.
My town and towns around are doing good, we are circulating the coins. Our banks have more and more of them available now. I don’t get that much push back, and people don’t mind the ‘inconvenience’ of the bulky coins. We learned our lessons from days old. They spent gold, and probably got tired of carrying the bulky coins and you substituted it with worthless paper! No more. I will carry the coins and restore my towns than spend that paper that has less and less value. About a month ago the article said 5cent dollar, and by the time I posted it, they had removed the chart showing the decline to 5cents, well a month later they call it a 2 cent dollar.
I am waiting on it to be worth zero, zilch, nothing. I’m focused on your failure as you made us fail and cared not.
I know of your ‘words of art’. I heard the court ask a person to state their name on the record….yep, heard them do that, and get that ‘person’ to bear false witness against themself that they were a corporation. In your world a ‘name’ is the name of a corporation! You didn’t teach us that in public schools, so you could trap us when we went to your courts. You made ‘name’ and ‘person’ be a corporation, but you made ‘man’, ‘woman’, and ‘children’ be a person (and thus a corporation) and then you use those terms on our deeds and mortgages and make it easy to steal from us as if it was a corporation taking from a corporation.
We are waking up, and at some point people will do as BSE keeps saying and ‘let go’, and leave you with the mess you created. As long as they hold on to the bad contracts you placed us in, they keep you alive, and as long as they spend money to fight to make the bad contracts better, they keep you alive, if they walk way, your system dies and you know it…you know it. I won’t tell people what to do, but they will figure it out. In the ‘book’ a man wanted to go with the Christ Conscious and he said leave everything and come with me. The person did not want to leave what he had. It is those that won’t know what’s on the other side, by not letting go. We all know material possession was important to that man, more than that freedom he sought by wanting to follow that Christ Conscious. It’s okay, he wasn’t ready, and he didn’t know how to live without what he had.
I know how to live without you. You have encountered me since you took my home. But taking my home is what woke me up.
GAME OVER! Just waiting on all the things to get put back into the box. You have nothing else, it’s time for you to be liquidated. Like throwing water on the wicked witch, and liquidating her, you make people go to bankruptcy court to liquidate their assets. Assets, they aren’t even aware of because they hire an attorney to be their trustee, and he isn’t telling them what they are giving up to keep that home.
I won’t fall for your tricks. I’m sorry some do to keep material things. I know you know there are many of us that won’t squeeze into bankruptcy court. You wish we all will. The tables are tilting, the rich will be poor, and the poor will discover their riches because they didn’t liquidate to keep what you tried to trick us into believing was our wealth.
Ah ha, game over!
Light and Love
At arm’s length,
Trespass Unwanted, a Freeman, in jure proprio
EXPERT WITNESS + PHONY AFFIDAVIT = SUMMARY JUDGEMENT DENIED
Posted on September 4, 2010 by Foreclosureblues
No Summary Judgment Here – Affidavit for Amounts Due and Owing Insufficiant, Hearsay
http://foreclosureblues.wordpress.com/2010/09/04/expert-witness-phony-affidavit-summary-judgement-denied/
A very early blogger about debt collection fraud – long before this blog – was shut down. There were allegations of slander and, although he won against slander, he disappeared. His last post was the site below.
And to you – SM – wherever you are now – you were a pioneer.
His last post was the following video. Abby, yes, enough is enough.
OK–this is enough!!
Go to Huffington Post now and read about how the US is going to bailout a large Afghan bank to prop it up!!
Breaking story.
The US Taxpayer and the US homeowner had their wallet snatched and we are expected to pay for the crimes committed by the entrusted. Never again Trust congress, Never again trust your Senators, Never again Trust your representatives. Never again trust the legal system in the USA. The cover up continues. We must commit to bare arms and wage war against financial tyranny. Be a patriot stop your mortage payment !
BOTTOM LINE THE JUDGES IN AMERICA ARE ALLEGED SOCIOPATH AND ARE ALLEGEDLY HAVE HITLER MILOSOVIC TYPE OF TENDENCY.
CASE STUDY TO APPROVE ABOVE ALEGATIONS.
1 MILLION ILLEGAL FORECLOSURES THIS YEAR ALONE IN UNITED STATES WHICH MEANS APPROXIMATELY 3 MILLION DISPLACED AMERICANS.
2 THE JUDGES IN AMERICA ALL THEY HAVE TO DO IS FOLLOW THE LAW.
3. THE ATTORNEYS IN AMERICA EXCEPT FOR A FEW ARE ALSO TO BLAME THEY ARE NOT DOING WHAT IS ETHICALLY CORRECT. I AM TALKING ABOUT THE LARGE LAW FIRMS THAT CLAIM HIGH MORAL AND ETHICS THAT SUPPOSEDLY DO PRO BONO WORK. WE CANNOT PUT THE BURDON ON THE JUDGES ONLY. THEY NEED SUPPORT FROM US AND THE ATTORNEYS.
“FRAUD GOT US INTO THIS MESS AND THE PROSECUTION OF FRAUD WILL GET US OUT OF THIS MESS.”
CAN SOMEBODY PLEASE TELL ME WHERE I AM WRONG?
HITLER WOULD BE PROUD OF THIS COUNTRY.
http://livinglies.files.wordpress.com/2010/09/9-02-10-ohio-appeals-no-note.pdf