Saturday, July 31, 2010

Wilson v. Goldberg, et al

Are you referring to this Wilson v. Draper?

443 F.3d 373
Karen WILSON, Plaintiff-Appellant,
DRAPER & GOLDBERG, P.L.L.C.; L. Darren Goldberg, Defendants-Appellees.

No. 05-1392.
United States Court of Appeals, Fourth Circuit.
Argued December 1, 2005.
Decided April 5, 2006.

To: ""
Sent: Fri, July 30, 2010 8:14:15 AM

Subject: Re: [mortgage-challenge] Re: Say what?

The subst trustee is acting as a debt collector and they get away with it because no one challenges it
- Show quoted text -

See Wilson v Draper
The real party is the bene that holds the orig note and Deed of Trust or mortgage and assignment


Doesn't FRCP 17 give the substitute trustee standing or how are they to do foreclosures the way they have been doing them:
(a) Real Party in Interest.(1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought: (A) an executor; (B) an administrator; (C) a guardian; (D) a bailee; (E) a trustee of an express trust; (F) a party with whom or in whose name a contract has been made for another's benefit; and (G) a party authorized by statute.

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