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Nothing good, that's for sure.

RI Special Master Merrill W. Sherman - Former Banker - Corrupts Federal Foreclosure Order

http://www.foreclosurehamlet.org/profiles/blogs/ri-special-master-merrill-w-sherman-former-banker-corrupts-federa

This fraud has actually created her own personal MERS.
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Mark
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Nothing good, that's for sure.

RI Special Master Merrill W. Sherman - Former Banker - Corrupts Federal Foreclosure Order

http://www.foreclosurehamlet.org/profiles/blogs/ri-special-master-merrill-w-sherman-former-banker-corrupts-federa

This fraud has actually created her own personal MERS.

Why are you simply linking on a legally erroneous and incohent post at another different foreclosure defense site? If you have a point to make, why not make it here?

It is unclear what either you or the person posting at Foreclosure Hamlet seem to think that the order actually said. But the quoted language certainly doesn't invest some prosecutorial powers in a special master. If such an order had been issued, it would have been legally erroneous.

The special master was invested with the power to investigate claims, not to investigate mischief. You seem to have no understanding whatsoever of law and also have a reading comprehension problem.
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Mark, I'm willing to bet that many people in here know who I am. Whatever. Obviously, you did not read the judge's Order and probably didn't even read the quotes out of it.

If you feel the post is inappropriate please report it to the moderator. 

Have a nice day.
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Zeke
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Mark, I'm willing to bet that many people in here know who I am. Whatever. Obviously, you did not read the judge's Order and probably didn't even read the quotes out of it.

If you feel the post is inappropriate please report it to the moderator.

Have a nice day.

Chunga, Mark is correct. If you have a point to make, post it here!

Mark is also correct that under our system of government, prosecution of crimes is an executive perogative, not a perogative of the courts (it is otherwise in France).

Whether or not we are happy with the job of district attorneys, state attorneys general, U.S. Attorneys, and the U.S. Attorney General (and we have many reasons to be unhappy with the performance of these folks), there is no valid Constitutional basis for a U.S. DIstrict Court Judge to appoint a special master to conduct a criminal investigation.

Those of us already suspicious about government excesses have no interest whatsoever in the usurpation of prosecution that you seem to propose. Moreover, any non-compliance with the order seems to be imagined by you, no doubt because of your lack of understanding about the law. Why not give it a rest?

As long as Federal executive power is vested in the hands of those who brought about the crisis (yes, Pres. Barack Obama's sponsors caused the crisis), there will be no prosecutions and all efforts will be focused on the cover-up.

This special master was never going to be a solution and anyone who thinks that this avenue held some hope is simply delusional!
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Hey look, I didn't post the link to pick any fights. There are a few sites I check almost daily and this is one of them. It's isn't much of a hardship to throw a right-click on a link. If it's something that interests me I read it. If not, no big deal. Here is the language in the Order the judge used to justify the appointment of this Sherman. Actually, I think the judge is trying to do the right thing. Mixing it up with the TBTF crowd is not easy and he's getting push-back even from his own appointee.

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"Beyond the provisions of [Fed. R. Civ. P. 53] for appointing and making references to Masters, a Federal District Court has 'the inherent power to supply itself with this instrument for the administration of justice when deemed by it essential."' Schwimmer v. (United States,232 F.2d 855, 865 (8th Cir. 1956) (quoting In re Peterson,253 U.S. 300,3I2 (1920)).
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Allen
I think that Zeke's point is that while a master can be appointed to assist in the resolution of civil claims, there is no valid basis in law for the appointment of a master to conduct a criminal inquiry or to prosecute criminal misconduct. I think he is right about this.

Language talking about "justice" is discussing justice both in the abstract and in the civil sense, to afford injured parties redress for their civil injuries.

Anyone who wants to criticize this master for failing to conduct a criminal investigation completely misunderstands the American adversarial legal system. The original post is merely an incomprehensible rant by someone who has no understanding whatsoever of the law and therefore an unrealistic expectation about what ought to happen.
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Incomprehensible rant or not...the "Special Master" is making formal recommendations that plaintiffs' cases be dismissed. And they are being dismissed, denying plaintiff's their due process. Rhode Island is a non-judicial state by the way and there are approximately 700 cases under the STAY ORDER.

I pulled that off of PACER myself and posted the link here in the spirit of sharing. You folks can continue taking pot-shots at me but I consider this discussion both fruitless and closed.
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Brian
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Incomprehensible rant or not...the "Special Master" is making formal recommendations that plaintiffs' cases be dismissed. And they are being dismissed, denying plaintiff's their due process. Rhode Island is a non-judicial state by the way and there are approximately 700 cases under the STAY ORDER.

I pulled that off of PACER myself and posted the link here in the spirit of sharing. You folks can continue taking pot-shots at me but I consider this discussion both fruitless and closed.

Whether a case is heard first by a special master or whether it is heard before a U.S. District Judge, parties retain their rights to appeal. If and when a plaintiff's argument has legal merit, such appeals should be robust.

That almost no one is succeeding in non-judicial appeals reflects the very difficult burden carried by a plaintiff in non-judicial states.

Both Chunga and the original person posting his rant elsewhere seem to be making a false comparison. They are comparing success rates in Rhode Island not against success rates elsewhere, but rather against unrealistic expectations.

In turn, one of the core reasons for unrealistic expectations is that it is just this sort of case that is used by scam artists and swindlers to draw in the unsuspecting to be victimized!

Both before the housing meltdown and since, the single most robust avenue for a borrower to defend his or her home in a non-judicial foreclosure state is in U.S. Bankruptcy Court. Suing to set aside a foreclosure under wrongful foreclosure theories is almost always unavailing, except, perhaps in Massachusetts after Ibanez. Even in Massachusetts, distressed borrowers have found the value of the Ibanez ruling to be less than hoped for and expected.

Those who are seeking void liens through Quiet Title actions never, ever prevail, except in a handful of cases where the defendant fails to timely answer. In those cases, the success turns out to be fleeting, since the order cannot usually be enforced against a non-party to the Quiet Title action. Quiet Title is a scam!

What this thread and the original post at Foreclosure Hamlet is actually about is keeping the MYTH alive so that the scam artists can continue to profit from their swindles. To this end, the scam artists and their shills continuously post legally erroneous arguments and analysis asserting that the only reason for the failure is [i]judicial corruption. This is the alibi that the scam artists use both to keep their current victims from making criminal complaints against those who sold them the specious Quiet Title scam, while assuring some new flow of distressed borrowers to victimize.[/b]

Perpetrating the MYTH to avoid prosecution and to keep new business flowing in is all just part of the scam artist's business model. This thread is not a discussion about the law, rather it is all about keeping the scam going.
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FlaProSe
Here we go again attacking anything that is not Roper-kosher. It is comical.
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