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#81 |
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Illuminator
Join Date: Jul 2007
Posts: 4,602
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Jesus Christ, that article was utter garbage, it is barely English.
As for whether the "case" was "dismissed," it is a bankruptcy case that she filed in an attempt to stave off the eviction proceeding and failed to do so. her request for sanctions for violating the stay was denied because the stay was not in place. Her lawyers might find themselves facing sanctions for arguing that the final State Court judgments are subject to collateral attack in Federal Court. |
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#82 |
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Philosopher
Join Date: Jan 2002
Location: Canada, eh?
Posts: 6,072
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Really? What was the problem with it? It seem to cover a lot of the information that was missing from the case, and seemed to do so in a fairly straight forward manner... we know how the judge ruled, why he ruled the way he did, why he originally had concerns, why the eviction was legal, etc.
Unfortunately, it was one of the few references that seemed to be available at this time that covered yesterday's court case. There were a couple of other articles I found, but most of them were... well, even worse (engaging in the typical hysterics you might expect from such a case, linking Wells-Fargo and the police to the Nazis and such.) If you have a better article I'd like to see it. (Keeping in mind that I'm not an expert in the American legal system.)
Quote:
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__________________
Trust me, I know what I'm doing. - Sledgehammer I cheered when then the WTC came down. - UndercoverElephant (a.k.a. JustGeoff) I cheer Bin Laden... - JustGeoff (a.k.a. UndercoverElephant) Bin Laden delivered justice - JustGeoff (a.k.a. UndercoverElephant) Men shop for lingerie the way kids shop for breakfast cereal... they will buy something they know nothing about, just to get the prize inside. - Jeff Foxworthy |
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#83 |
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Illuminator
Join Date: Jul 2007
Posts: 4,602
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Thw riting was horrific: "Judge Albert essentially agreed with the first part, saying he was unaware somehow of the second bankruptcy--a notion the bank also submitted to him in a manner convincing his judgement." It is like a bad google translator.
Very basically the US Supreme Court has stated that a Federal Court cannot review a state court's final order in a civil case. |
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#84 |
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Philosopher
Join Date: Jan 2002
Location: Canada, eh?
Posts: 6,072
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I'm still not following. (Again, my apologies... I'm from Canada, where we have slightly different rules, court jurisdictions, etc.)
I thought Bankruptcy courts were 'federal courts'. And what exactly did the lawyers say that was suggestive/incorrect? (I want to stress that I'm not doubting you.... its just my own ignorance over the situation.) |
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__________________
Trust me, I know what I'm doing. - Sledgehammer I cheered when then the WTC came down. - UndercoverElephant (a.k.a. JustGeoff) I cheer Bin Laden... - JustGeoff (a.k.a. UndercoverElephant) Bin Laden delivered justice - JustGeoff (a.k.a. UndercoverElephant) Men shop for lingerie the way kids shop for breakfast cereal... they will buy something they know nothing about, just to get the prize inside. - Jeff Foxworthy |
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#85 |
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Illuminator
Join Date: Jul 2007
Posts: 4,602
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The Bankruptcy court IS a Federal Court. What the lawyers were doing that was wrong was arguing in the Federal Court that the State Court judgment was wrong because "she didn't sign the loan."
Here is a good basic article: http://en.wikipedia.org/wiki/Rooker%...ldman_doctrine |
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#86 |
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Philosopher
Join Date: Jan 2002
Location: Canada, eh?
Posts: 6,072
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Ah ok. I think I understand now.
I think part of the problem is that I wasn't aware that the "state court" had actually made any judgements. (I know her lawyers had made several claims and started proceedings that are probably handled by state court but I didn't think anything had been decided in those cases.) Have to admit, I don't really have much sympathy for her lawyers. Like I said, it seems they really messed up in not recognizing the problem with her multiple bankruptcies. They were probably trying to make a name for themselves ("hey! lets latch on to this popular case!") and stepped in a pile of dog poop. I'd probably get a perverse sense of pleasure to see them sanctioned by the courts. |
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__________________
Trust me, I know what I'm doing. - Sledgehammer I cheered when then the WTC came down. - UndercoverElephant (a.k.a. JustGeoff) I cheer Bin Laden... - JustGeoff (a.k.a. UndercoverElephant) Bin Laden delivered justice - JustGeoff (a.k.a. UndercoverElephant) Men shop for lingerie the way kids shop for breakfast cereal... they will buy something they know nothing about, just to get the prize inside. - Jeff Foxworthy |
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#87 |
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Beer-Swilling SemiliterateModerator
Join Date: Jul 2006
Location: Room 118, Bohemian Grove Marriott
Posts: 15,554
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Yep, pretty much. They were looking to make a name for themselves as advocates for the poor, oppressed and downtrodden, and picked this woman's case as one that looked ripe for some easy PR points. On the face of it, it had all the right ingredients; sympathetic cancer-stricken victim, evil giant monster mega-bank, and fascist Nazi sheriff's office doing the bidding of aforementioned eeeeeevil GMMB. Unfortunately for Golden and Associates, the "victim" proved to be a serial manipulator, liar and freeloader. They're spinning like dervishes, but the damage has been done to their case and the media will now move on to the next poor, oppressed and downtrodden victim.
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#88 |
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Banned
Join Date: Oct 2012
Posts: 4,643
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Now they have to fear the smite of Lesbian Death Squa......
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#89 |
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Forum ¾-Wit Pro Tem
Join Date: Jan 2005
Location: Waldo's Pond
Posts: 3,959
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So, scumbag Wells-Fargo is not stealing the home of a critically ill person that the bank does not even own in direct violation of a Federal Court Order?
Do I still need to sign a petition? Is Wells-Fargo still a scumbag? So many questions... |
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__________________
I have met Tim at TAM. He is of sufficient height to piss on your leg. - Doubt 10/7/2005 Aristotle taught that the brain exists merely to cool the blood and is not involved in the process of thinking. This is true only of certain persons. - Will Cuppy |
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#90 |
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Graduate Poster
Join Date: May 2005
Location: Surrey BC
Posts: 1,331
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__________________
Formerly known as dogguy. Caption from and old New Yorker cartoon - Why am I shouting? Because I'm wrong!" |
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#91 |
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Forum ¾-Wit Pro Tem
Join Date: Jan 2005
Location: Waldo's Pond
Posts: 3,959
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__________________
I have met Tim at TAM. He is of sufficient height to piss on your leg. - Doubt 10/7/2005 Aristotle taught that the brain exists merely to cool the blood and is not involved in the process of thinking. This is true only of certain persons. - Will Cuppy |
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#92 |
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Beer-Swilling SemiliterateModerator
Join Date: Jul 2006
Location: Room 118, Bohemian Grove Marriott
Posts: 15,554
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#93 |
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Graduate Poster
Join Date: Aug 2007
Posts: 1,117
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Well if the HuffPost and some blog say it's true - then it must be
![]() This story is so full of distortion that it stinks from the first paragraph. I says the woman (named after a flying monkey btw) OWNs the house. I doubt that it passes my definition of "owns" or a court's. You generally can't take a primary residence in a bancrupcy proceeding UNLESS it;s liste collateral that the woman agreed to. Again we see the ignorance of economics practiced on the Left. Anti-biz, anti-bank, anti-rationality. *IF* WF had did have a mortgage and legitimately foreclosed via the sheriff on the poor woman - HOW does that make WF guilty of anything ? WHy is this partiicular bank responsible for bailing her out ? Would you prefer that WF forgive every sad-sack with an excuse and then tell their depositors that the $10000 they deposited cannot be returned ? That IS the alternative you know. Banks don't have a magic printing press in the back room. Emotional thinking can't really be part of this. If YOU want to bailout this woman, then YOU investigate and send her a check, or write YOUR representive. Expecting her creditors, that she promised to repay, have magically deep pockets filled with free money is looney. It's a social decision if this woman needs a public bailout - it has ZERO to do with WellsFargo. |
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#94 |
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Illuminator
Join Date: Sep 2010
Location: 31°58'S 115°57'E
Posts: 4,753
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#95 |
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Philosopher
Join Date: Jan 2002
Location: Canada, eh?
Posts: 6,072
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Ok, here's yet more information about the 'innocent' Nico Black getting evicted by the evil fascist thugs of Wells-Fargo and the police:
From: http://taxdollars.ocregister.com/201...sident/163641/ ... Black refinanced roughly five times, and was $14,751 behind in her payments when the first default notice was filed in 2009. At the time of the foreclosure, in 2011, Black owed $549,275. Black filed a federal bankruptcy petition in April 2012. That would normally stay any eviction process but the case was dismissed automatically by the court because Black failed to file the required information about her debts and assets within 72 hours... Black’s then-attorney signed a stipulation in Superior Court...agreeing that she would vacate her home by July 15, 2012. But she didn’t leave. So, despite this woman claiming fraud by the banks, and "I never signed any loan papers", she still agreed to leave in court, but didn't. So, where is Muldur? He started this thread to highlight the "poor sick woman who had her home stolen". He have any thoughts now that we actually have, you know, facts? |
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__________________
Trust me, I know what I'm doing. - Sledgehammer I cheered when then the WTC came down. - UndercoverElephant (a.k.a. JustGeoff) I cheer Bin Laden... - JustGeoff (a.k.a. UndercoverElephant) Bin Laden delivered justice - JustGeoff (a.k.a. UndercoverElephant) Men shop for lingerie the way kids shop for breakfast cereal... they will buy something they know nothing about, just to get the prize inside. - Jeff Foxworthy |
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#96 |
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Philosopher
Join Date: Feb 2007
Posts: 8,690
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#97 |
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Beer-Swilling SemiliterateModerator
Join Date: Jul 2006
Location: Room 118, Bohemian Grove Marriott
Posts: 15,554
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#98 |
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Philosopher
Join Date: Jan 2002
Location: Canada, eh?
Posts: 6,072
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What information do you think I overlooked from the article that showed Wells-Fargo was the "bad guy", or in any way to blame?
Only real thing that I could see from the article was Wells-Fargo not showing up for the one court case, but that's already been discussed in this thread. |
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__________________
Trust me, I know what I'm doing. - Sledgehammer I cheered when then the WTC came down. - UndercoverElephant (a.k.a. JustGeoff) I cheer Bin Laden... - JustGeoff (a.k.a. UndercoverElephant) Bin Laden delivered justice - JustGeoff (a.k.a. UndercoverElephant) Men shop for lingerie the way kids shop for breakfast cereal... they will buy something they know nothing about, just to get the prize inside. - Jeff Foxworthy |
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#99 |
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Illuminator
Join Date: Jul 2007
Posts: 4,602
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#100 |
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Banned
Join Date: Oct 2012
Posts: 4,643
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