Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
My Appeal has been heard. I lost because I didn't attach a written copy of the trial transcript. That's the only reason given. I originally said, on the appeal submission form, that I didn't want to use any transcripts. Plaintiff came back with I had to have them. Judge ruled, we'll see! I got the transcript in DVD form, asked the transcriptionist if all I needed to do was file it (the DVD), she said yes, asked 2 Atty's if all I needed to do was file it (the DVD), they said yes, asked the Court Clerk if all I needed to do was file it (the DVD) and she said yes! Now the Appellate Court has decided against me for not including it.

Problem is, they did it while I was in the middle of a Bankruptcy! So I filed to have the action vacated.

Next, at this late stage of the game, and with one Atty saying I didn't have to file it anyway, what should I oughta do?

Any ideas?
Quote 0 0
Brindy
Did you by any chance read the appellate rules of court instead of relying on third party advice?  Appeals courts rely on the record presented to them.  That means transcripts, as of course you already know.  The appeals court has to refer to the record since what they do is not a 'trail de novo' (a new trial).

You will need to appeal to the next higher Court in your jurisdiction.

Quote 0 0
A very interesting foreclosure Florida Appeal Court brief
http://api.ning.com/files/HXzLpC5Zz4zen4MVrblTSKnap*VMShJbn7jShM22v6WumrYqvvviJx2rUFWD5ekysah9yBwvFC4paLaKIT4qRn1KkQTHhgdZ/5thDistrictCourtofAppeals_TaylorvDeutscheBankNationalTrustCompanyasTrusteefor.pdf
Quote 0 0
On the above post...

Cut, copy, and paste the entire link and put it into your browser.

We MUST follow this one!

Ann Holden

Quote 0 0
Pro Se's loose not because their case is bad but because they don't know how to follow the rules. when you are in court you HAVE to follow rules, procedures, judge's orders, etc.

Are any of the advise givers standing by you and tell the court that it was their mistake? Of course not! You are the lone looser in this, now having to fight this another way.

Please, Please, PLEASE learn how to follow the rules, follow the procedures, follow their judge's orders.
Quote 0 0
The Equitable One
I still like the strategy you already worked up John.

The Appellate Court had no jurisdiction as you were engaged in Federal Bankruptcy Court at the time it took action and ruled. In fact, the appeal should have been held in abeyance until such time as the BK was resolved, by whatever means.

When is your hearing in the BK court?

Quote 0 0
Write a reply...