I personally do NOT feel this is a victory. It seems more like a train wreck waiting to happen. Kathi you really need a lawyer. You do NOT have a good grasp of the legal system or the legal process. You are not even clear of the facts in your own case: ''
At the time of the foreclosure, under the FTC Consent Order and their Injunctive Relief provisions and the Curry Class action settlement agreement, there could be no actions towards foreclosure until all disputes were resolved and the foreclsoure took place. After the foreclosure Fairbanks Capital Corporation n/k/a/ Select Portfolio Servicing demanded arbitration and the arbitrator ruled my TILA claim time was time barred. At the time of the sale the title would have been "clouded" since there had never been any judicial determinal of my TILA claim.
Your TILA claim WAS DECIDED. Your claim was barred because the statute of limitations had run out. You lost.
Plaintiff went into default on the loan, and a trustee sale was noticed. Plaintiff filed suit in Maricopa County Superior Court on March 31, 2005 to rescind her loan under the Truth in Lending Act (“TILA”). 15 U.S.C. § 1635(f). Thematter was subject to an arbitration hearing on May 17, 2007. On June 1, 2007, the arbitrator ruled that Plaintiff’s claim was time-barred. (Doc. 6, Ex. 6).
The arbitration award was confirmed by the Honorable Jeanne Garcia of Maricopa County Superior Court on August 13, 2008
Plaintiff previously brought the TILA claim and lost in arbitration. (Doc. 10 Ex. 6). To the extent that she intends to raise any claims under TILA here, claim preclusion requires dismissal. “The state court’s confirmation of the arbitration award constitutes a judicial proceeding . . .and thus must be given the full faith and credit it would receive under state law.” Caldeira v. Cty. of Kauai, 866 F.2d 1175, 1178 (9th Cir. 1989).
The order that George looked up for us in NO WAY gives validity to your claims. It merely states that your ONE claim survived a motion to dismiss IF the court accepts the facts you alleged as true.
Quote: Even if the chances that Plaintiff will be able to prove these facts are “remote and unlikely,” she has stated a claim adequate to survive a motion to dismiss
. Scheuer, 416 U.S. at 236. The motion will be denied with respect to the Claim One
Taking her allegations as true, she is not barred from proceeding with
her breach of contract claim
You still have to PROVE your claim with admissible evidence. You need to follow the rules and use them to collect evidence that supports your position. You need to make the proper, well researched legal arguments. I personally feel this is a mountain too high for you to climb. YOU REALLY NEED AN ATTORNEY TO HELP YOU.
While some forum participants may see these comments as particularly harsh, take a few mins to read the order.
I have, over and over, said in regards to Mike H's "Quite title" wing-nut theory, you DON'T just get to sue people. There is a cost involved if you lose and these can be quite substantial. Kathi sued and LOST in regards to her TILA claims:
The arbitration award was confirmed by the Honorable Jeanne Garcia of Maricopa County Superior Court on August 13, 2008. (Doc. 1, Ex. 9). Subsequently, Select moved for and was awarded attorney’s fees in the amount of $15,000, which continue to be garnished from Plaintiff’s paycheck
The cost of losing in a lengthy Federal suit would be considerably MORE than the prior loss. I have seen 80K-100K awards. It seems that it would be far cheaper to have an expert attorney represent you and see if you really have a claim that you can prevail on.