This is what happened in court today - Page 3

iamfreeru2 · #21 09-20-2004, 12:44 PM

To all,

Thanks for all the input. My wife is considering going into Chapter 11 BK under rule 9014 Contested Matters. I believe this would allow her to bring in all the issues regarding the the note fraud, no money lent, etc. Does anyone have any input on this. Also I believe this would keep the MC from taking the house. Is my belief correct regarding this? I am looking at all avenues.

Thank you all,

iamfreeru2

weishaupt1776 · #22 09-20-2004, 03:32 PM

[color=black][b]I noticed in my research of common law fraud cases, alot of them are rooted in bankruptcy cases in which the common law presides OVER the statutes. Check this thread out HERE. The key is to PROVE RELIANCE.

iamfreeru2 · #23 09-20-2004, 09:10 PM

It is very interesting that we got an order from the pliantiff's counsel today regarding the summary judgment and in it it says #10. "The court specifically finds the the various filings by the defendants, including but not limited to a bonded bill of exchange order, possessory liens, and UCC financing ststements, are nullities with no effect upon the title to the property in this action." I find that very interesting and I did not know that they could nullify any UCC Financing Statements. And since when did the defendants file them. They were filed by the Secured Parties and the Judge knew this. The judge definitely knew they would cloud the title though and had that specific wording put in the order. Does anyone know how the filings can be rendered a nullity? To my knowledge this cannot be done.

iamfreeru2