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Re: Free and clear from the beginning

Posted by Darryle-Ca on August 03, 2011 at 10:11 AM

In Reply to: Free and clear from the beginning posted by Kristine-CA on August 03, 2011 at 8:12 AM


When a case is filed here in California or any other state, the plaintiff has the burden of proving his or her allegations.

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.

: : Hey Rod Ciferri

: : 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:

: :
: : • What is money?
: : • How is it created?
: : • What are the types of money?
: : • What is a borrower?
: : • Novation
: : • Real Property Secured Transactions
: : • Trust Creation (New York Common Law, Delaware Statutory)
: : • Accounting For Bankers vs. Accounting For Us
: : • The Basic Securitization Process
: : • Form 424(b)5 aka “Their Playbook”
: : • Pooling and Servicing Agreements
: : • Mortgage Loan Purchase Agreements
: : • Real Estate Mortgage Investment Conduits
: : • I.R.S. Publication 938
: : • Personal Property Secured Transactions
: : • U.C.C.-1 Financing Statements
: : • Investment Securities
: : • Contract Formation
: : • Failure of Consideration
: : • The True Investor
: : • Lack of Obligation
: : • Invalid Assignments
: : • Canceling Trust Deeds
: : • Unjust Enrichment
: : • Nullifying Unlawful Detainer Actions etc.
: : • Why it’s virtually impossible to find cases (where homeowners has won)

: : You’re definitely on the right “tract”.

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