InnoVest Resource Management's Foreclosure Forum

Home Discussion Board "Hands-On" Training Title Holding Trust Annual Reunion Speaking Schedule Store Foreclosure Fundamentals Code References 50 State Foreclosure Basics Foreclosure Glossary Foreclosure Statistics 75+ Yrs Interest Rates Fillable Forms Archived Articles Dingbat Retirement Plan Links Contact / Map | Priceline Tips About Us Home

[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] 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 Kristine-CA 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. Darryl : 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”. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Kristine-CA : : 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. : Darryl : : 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”. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

Information provided by this website is for informational purposes only and is not a substitute for professional advice. Please consult your investment advisor and/or attorney before entering into any transaction. Read our privacy policy.

Copyright © 1997-date("Y"), InnoVest Resource Management
http://www.foreclosureforum.com

InnoVest Resource Management, 4569-A Mission Gorge Place, San Diego CA 92120-4112
(619) 283-5444, Fax (619) 283-5455