Re: Free and clear from the beginning
In Reply to: Free and clear from the beginning posted by Kristine-CA on August 03, 2011 at 8:12 AM
However, when a plaintiff makes allegations backed by factual evidence supporting his position, sometimes the defendant fails to show up in court.
When that happens, (meaning when the defendant is a no show), the plaintiff receives a default judgment against the defendant and wins the case without it ever being heard.
Under the same circumstances, when the defendant does show, he is eager to enter into a settlement agreement ( i. e. Release of Obligation under Deed of Trust).
Only cases that are heard and lost, then appealed and which set precedence are published so that you and I can access them.
That’s why a winning case can be filed, but never seen. Only the parties to it have knowledge of it.
If you would like me to explain more, just let me know.
: Again, I ask that your insistence that homes are free and clear from the beginning be supported by some kind of case law or relevant case in CA.
: I see that you've added that's impossible to find such cases to your list. Nice touch.
: : I would like to commend you on your insight. However I think that the information you're sharing is totally outside of the box for most of the posters here.
: : Also I just want you to know that people are going to court and proving that their homes were “free and clear” from the moment they closed escrow.
: : In respect for the rules of Ward’s board I won’t get into details, plus this is not the time and or place to give a crash course on topics such as:
: : You’re definitely on the right “tract”.
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