Wednesday, October 27, 2010

Judge Dodges Real Issue in BK Foreclosure Case

Greeting's to all,

I just wanted to share with you on what happened in BK court today.
The motion that was to be decided today was for changing the alleged secured creditor to an unsecured creditor. My claim was that they had no standing and they were not a secured creditor. I had answered their opposition with a 19 page pleading and 18 exhibits with about 500 pages worth of evidence. including a 424b5 prospectus, a Fannie Mae Residential Prospectus, A Pooling and Servicing Agreement, A Trust Agreement from Fannie Mae, and many more items along with 2 declarations from 2 independent forensic examinations that I had done on my account.
I thought that this was a slam dunk and should have been , however the judge said that he could not make a decision because I had been discharged last month on the day prior to my last hearing that was continued. This was outside the jurisdiction of his court.
I had bought forth fraud issues, perjury issues ,fraud upon the court issues and they had all been swept away. I was pissed and he knew it. He allowed me the 10 minutes that I took to try and get a straight answer
from him and he could not give me an answer to the question that I asked him point blank. and that was.

Is the claim that I have with BAC Home Loans discharged as such as listed on my BK Petition? They are listed as an unsecured non-priority creditor because they have failed to prove that they were a secured
creditor. He said that all of my claims other than the claims secured would be discharged. I asked again saying that YOUR HONOR YOU HAVE STILL NOT ANSWERED MY QUESTION. Is BAC discharged as such? He then said that (I) (am not) not going to like what I am going to tell you. He then said " I do not have the jurisdiction to make that decision" You make have to file a claim against BAC to resolve that issue if you have a issue with them.
That was it; Over 1500 pages copied and $150 in copying 3 sets of pleadings, 4 days of Grueling 20 hrs each day writing up the 1 pleading and 1 amended Pleading.

I have just begun to fight.
If anyone would like a copy of my pleadings I will send them to you if you send me an email personally. If you would like a copy of any of the other items such as the Trust agreement, Fannie Mae Residential Prospectus, send me a email and I will give you my case # and you can look at it on PACER.

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