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Editor’s Comment:
Contact: Darrell Blomberg Darrell@ForeclosureStrategists.com 602-686-7355
Meeting: Tuesday, July 17th, 2012, 7pm to 9pm $10
Forcible Detainers from Attorney’s Perspective with Attorney Rick Sherman
Rick Sherman will share his perspective of Forcible Detainers. Attorney Sherman has prosecuted FEDs from both the servicer and homeowner side. (Yes, Attorney Sherman has been on the homeowner side of forcible for some of his clients!)
This will be a great meeting and an excellent learning experience. I have discussed many topics pertaining to FEDs with Mr. Sherman and I think you will be pleased with this meeting’s contents.
Please send me your questions for Attorney Sherman.
***** Meeting Protocol *****
What we have before us is an opportunity to learn about the Forcible Entry and Detainer from the perspective from a man who has stood on both sides of the courtroom.
Attorney Sherman is bringing us specialized knowledge and expertise in ONE area of the foreclosure process. He will not be expected to address, nor entertain, in any way, off-topic requests, remarks or opinions. This is not an opportunity for us to show Attorney Sherman how much we know.
Please be mindful that the focus of this meeting is FEDs. This meeting is not about foreclosure fraud, an abysmal administration, a jaded judiciary or lax legislators. It’s about FEDs! Let’s keep our questions to concerns like; “you can’t argue title,” “denied,” “demanding a jury trial,” “what are your merits,” “presumption of compliance,” “Guilty or not guilty? Is this a criminal matter?,” etc.
I understand that many people are upset and jaded about foreclosures in general. Dropping a bomb about your frustration of things outside the control or expertise of a speaker who has agreed to share his/ her knowledge serves no one. Truthfully, it creates an adversarial air that deprives fellow attendees of the learning opportunity they’ve come to partake in. Additionally, it takes the speaker off their area of expertise and chews up their resources to no one’s advantage.
Got it? FEDs! Thank you.
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Hogan Opinion Amended
The Hogan opinion has been amended by the Supreme Court of Arizona. I’ve attached the amended opinion for your records. The changes were essentially in section 11 of the opinion. One sentence was amended to read, “Moreover, the trustee owes the trustor a duty to comply with the obligations created by the statutes governing trustee sales and the trust deed.” This sentence was added to section 11, “A.R.S. § 33-801(10) (providing that “[t]he trustee’s obligations . . . are as specified in this chapter [and] in the trust deed”).
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$50 Million Sweep is ON HOLD!
On Tuesday, 2012-06-12, the plaintiffs and defendants in the Morones – Hernandez v Horn (Az AG) & Ducey (Az Treasurer) case stipulated that the $50 Million Sweep from the Attorneys’ General Settlement Funds will not be transferred to the State of Arizona General Fund until at least 2012-12-31! The Minute Entry can be found at this link: http://www.courtminutes.maricopa.gov/docs/Civil/062012/m5283139.pdf
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We meet every week!
Every Tuesday: 7:00pm to 9:00pm. Come early for dinner and socialization. (Food service is also available during meeting.) Macayo’s Restaurant, 602-264-6141, 4001 N Central Ave, Phoenix, AZ 85012. (east side of Central Ave just south of Indian School Rd.) COST: $10… and whatever you want to spend on yourself for dinner, helpings are generous so bring an appetite. Please Bring a Guest! (NOTE: There is a $2.49 charge for the Happy Hour Buffet unless you at least order a soft drink.)
FACEBOOK PAGE FOR “FORECLOSURE STRATEGIST”
I have set up a Facebook page. (I can’t believe it but it is necessary.) The page can be viewed at www.Facebook.com, look for and “friend” “Foreclosure Strategist.”
I’ll do my best to keep it updated with all of our events.
Please get the word out and send your friends and other homeowners the link.
MEETUP PAGE FOR FORECLOSURE STRATEGISTS:
I have set up a MeetUp page. The page can be viewed at www.MeetUp.com/ForeclosureStrategists. Please get the word out and send your friends and other homeowners the link.
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COURT WATCHERS – Upcoming Hearings
Tuesday, July 17, 2012* at 3:00 p.m*., Jerry Priore (Pro Se) (*Time and Date are subject to change!)
Forcible Detainer Hearing Old Court House, 125 W. Washington, Courtroom 001, Phoenix, AZ Commissioner James R. Morrow
Wednesday, July 18, 2012 at 10:00 a.m., Sherryl Madison (Carla Bartschi – Pro Se)
Forcible Detainer Hearing – Jurisdiction Old Court House, 125 W. Washington, Courtroom 001, Phoenix, AZ. Commissioner Benjamin E. Vatz
Thursday, July 19, 2012 at ??:?? ?.m., Scott Misenhalter (Dan McCauley)
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Thursday, July 26, 2012 at 10:15 a.m. Waltner (Andre Merrett)
Waltner v. JPMorgan Chase Bank, NA, & California Reconveyance Company Courtroom 1, Arizona Court of Appeals, Division 1 Oral Argument: Arguing on Waltner’s behalf will be Andre Merrett of Aiken Schenk Hawkins & Ricciardi, P.C. of Phoenix. He will be arguing that the Waltners should have been granted default judgment, and in the alternative, the court should not have granted summary judgment to the Defendants because the Waltners had introduced a material issue of fact — that Chase could not have been the beneficiary in 2009 entitled to foreclose because their loan had been sold in 2005 (and not to Chase).
Wednesday, August 22, 2012, 9:30am, Oral Argument, “$50 Million Sweep Lawsuit”
Morones – Hernandez v Horn (Az AG) & Ducey (Az Treasurer) – CV2012-008573 Judge Mark Brain, 101 E Jefferson, Room 413, Phoenix, AZ 85003
???, August ??, 2012, at ??:?? ?.m. Steve Sontag
ReHearing!!
Please let me know when your court appearances are.
May your opportunities be bountiful and your possibilities unlimited.
“Emissary of Observation”
Darrell Blomberg
602-686-7355
Darrell@ForeclosureStrategists.com
Filed under: foreclosure | Tagged: Attorney's General Settlement Fund, court watchers, FEDs, Forcible Detainers, Foreclosure Strategists, HOGAN, Macayo's restaurant, Morones - Hernandez v Horn, Rick Sherman | 5 Comments »
