JUDGE JURY UPHOLDS BORROWER’S OBJECTION TO WAMU PROOF OF CLAIM

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SEE 111. Order Disallowing POC 1-1 filed by WAMU

It’s a stunning reversal by Judge Jury, in California Bankruptcy Court who had previously practically ridiculed securitization as a basis for any defense of the borrower or any claim by the Petitioner in bankruptcy court. In one proceeding I saw the green shoots of her understanding of the issues and some doubts as to the proffers by counsel for the Banks.

In this case, the Petitioner went after the threshold issues, filing an objection to the proof of claim and, after a hearing, WAMU was unable to demonstrate that it was a creditor or had any business asserting a claim. Instead of relying upon the representations of counsel, Judge Jury stayed with the law, and held the inability of WAMU to provide real evidence against them. The claim is now dismissed. It is not over yet, as they can come back in and try some other gambits but the well is now tainted.

15 Responses

  1. maybe a motion to alter or amend. could be an issue for appeal, but it’s probably just lost claims

  2. @tn harry – some idiot I know went to trial and failed to raise issues raised
    in the complaint. The court remained silent on them when it ruled on what WAS raised in the trial.

  3. Seems like a pattern in the district courts to be thrown out by summary judgement and a pattern of reversal in the Appeals and Supreme Court. Don’t give up hope. Read case law won in your state in the Appeals court and learn and follow the case law. I feel good about my Appeal. We will see once its through the process. The banks have violated so many statutes I did not have enough pages allowed for stating I met the evidence by addressing these elements for every crime and statute they have violated, therefore the judge errored in his or her decision. I have to ask for an over sized brief or permission for a motion to add a supplementary brief for exhibits. I through the book at them. Pretty scary being Pro Se, but I am not one to let the bus run over me and I truly believe we are fighting a bigger war here. The whole thing is frightening. Marie Cantwell sees the problem, I hope she does something about it no one else in the State of Washington has stepped up to the plate. There is a lot of corruption to fight in every state. It is overwhelming at times, but we must fight this! We must!

  4. @johngault – i’m not sure i follow. if it goes through a trial to a decision on the merits, then the allegations would have been adjudicated and be done. in fact, other allegations stemming from the same facts (even if not raised), may have also been lost. does that help, or could you be more specific?

    @neidermeyer – got busy and wound up being out of town. i’ll check it out this weekend and reply

  5. @johngault – i’m not sure i follow. if it goes through a trial to a decision on the merits, then the allegations would have been adjudicated and be done. in fact, other allegations stemming from the same facts (even if not raised), may have also been lost. does that help, or could you be more specific?

  6. tn harry, I have a question for you. Do allegations in a complaint survive a trial? I hope that’s a sensical enough question to answer.

  7. re: Davies appeal brief – some of it’s good, some, well um….
    Davies asserts that he was not privvy to the real source of funds for his loan. He does not state how this has been detrimental to him, other than to allege generically that people wouldn’t get a loan from the mob. Luckily, the success of the appeal does not turn on this imo.
    Good pt: seems to make a good case out that a co. called Radian paid the defaulted note off, so nothing is owed. There must have been a lot of discovery done in this case.

  8. NEIL—can you PLEASE post this Brian Davies info? Very good stuff!

    Davies V. Deutsche Bank BAP Case No. 11-1221
    Davies Reply Brief filed 07/29/2011

    http://www.scribd.com/doc/61235368/Davies-v-Deutsche-Bank-Appelant-Reply-Brief-Davies-BAP-Case-No-11-1221

  9. TNHARRY ,

    http://livinglies.files.wordpress.com/2011/07/111-order-disallowing-poc-1-1-filed-by-wamu.pdf

    Very short order … “IT IS HEREBY ORDERED THAT the Proof of Claim 1-1 filed by Washington Mutual
    Bank on March 31, 2009 is disallowed in Debtor’s Chapter 11 Case.”

    Have you had a chance to look at my MSJ and disco yet?

    Thanks

  10. Isnt Wamu Chase now?

    NEVER AGAIN

    WE ARE FIGHTING THE FORCES OF EVIL, But as we beat Hitler we will beat the second coming of Hitler The Banksters

  11. why is a link to this kind of nonsense on the site?

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    http://www.skolnicksreport.com
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    “Bankruptcy Clubs”, in the various Judicial Districts consisting of principal U.S. Bankruptcy Judges, including Chief Judge, U.S. Trustee (under Justice Department supervision), Trustees, Auctioneers, Assignees, principal Creditors’ Attorneys, principal Debtors’ Attorneys, and Court Clerks including one with password key to change, without notice, computer-generated docket entries; consisting usually about thirty persons total. They meet in secret every month or so.

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    Also granted immunity by the Federal authorities, including the U.S. Justice Department, are U.S. Bankruptcy Judges and other such officials who have actual or reputed links to the American CIA, such as William A. Brandt, Jr., a take-over expert who at one time put himself in as headman of some fifteen Bankrupt firms, including a gold smelting firm formerly operated by the traditional mafia. According to documents obtained by Freedom of Information Request, Brandt was trained to quietly overseas fold up CIA front firms, called proprietaries, when they no longer were needed.

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  12. is there a link to the memorandum opinion that i’m missing? the linked order is missing the good stuff

  13. If the foreclosing party cannot prove conveyance of (fake) mortgage to the trust, how can they foreclose?

  14. yes, my friends, we ARE on the cutting edge of societal evolution.

  15. timing is everything, I tried that in my bk and was summarily dismissed even though I had documentation that the ” trust ” that was foreclosing was not even a corp in New York

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