Mortgage Foreclosure Cases Memorandum and Order 7-23-2012 (RI Federal Stay)

The Honorable John J. McConnell once again establishes that banks are not exempt from the rule of LAW. At least not in his Court, and no matter how much they whine, complain, and describe themselves as "victims".

Mortgage Foreclosure Cases Memorandum and Order 7-23-2012

The Order is a whopping 13 pages long so I will take the liberty of extracting several key quotes.

"Because this Court has the inherent power and authority to manage its docket, and because all parties have been given a full opportunity to be heard before any actions were taken, and because the settlement procedure is fully underway and all rights of all parties have been fully preserved, and because the defendants' are not likely to succeed on the merits, the Motion to Stay by Certain Defendants (ECF No. 685) is DENIED."

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"Hundreds of homeowners and former homeowners still living in their foreclosed homes have filed suit in this Court arising out of their home mortgages, against MERS, Inc. and other financial institutions, bond holders, servicers, and other defendants alleging that Defendants are responsible for fraudulent and/or flawed mortgage foreclosures or attempts at foreclosure. Defendants dispute such claims and contend that the mortgage foreclosures are conducted in accordance with the loan documents and relevant state statutes, and after valid and enforceable assignments of the right to foreclose."

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"Very serious allegations of fraud, misrepresentation, and predatory tactics have been made in the complaints before the Court. Indeed, these same allegations have been made in courts across the United States. Some settlements have been reached by five of the largest lenders, some of which are Defendants in the cases in our courts."

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So, this could be [is] problematic on several fronts. Court ordered mediation is nothing new, and usually results in nothing more than an impasse where it hasn't even been determined if the participating parties have legal "Standing" to mediate one damn thing.

Another quote from Judge McConnell's Stay Order....(hint this is the important part)

iii) ordering production of all necessary information;

e) Order the appearance of any persons necessary to settle any claims completely and/or order the appearance of any non-parties, including but not limited to municipal and other governmental officials and lien holders, that may be essential for a total resolution of the claims;”

Hmmm...now that is interesting isn't it.

On what other front could this create problems? As some people are aware, the Rhode Island Superior Court has essentially abandoned the practice of following ANY laws or statutes. The Court has admitted it has no intention of EVER following statutes and does not even go through the trouble of [mis] citing ANY statutes whatsoever.

All that matters to the Rhode Island Superior Court is that it is alleged that "somebody" is owed money. Anyone claiming to be "somebody" is entitled to foreclose no matter how utterly bizarre the circumsances.

The Rhode Island Superior Court, in a lazy effort to legitimize itself, now simply states "see my last ruling". That non-chalant attitude prompted a call for the recusal of Superior Court Justice Allen P. Rubine. I understand that being 36 pages in length, this letter is nearly the equivalent of reading the Encyclopedia Brittanica, and spending that length of time on anything could fairly be described as a legitimate hardship.

An Open Letter to the State of Rhode Island Superior Court June 9 2...

Why would anyone who does not live in Rhode Island possibly care about Judge McConnell's Stay Order? Because, as far as I am aware there is no other like it in this country. That's why.

Once again, I will provide a link to the Electonic Petition below that calls for Justice Rubine's recusal. It emails the petition to the Presiding Justice, Senate President, and Majority Leader.

Warning...it is one page long.

The Honorable Presiding Justice Alice P. Gibney: Recuse Justice's A...

Thank you, and God Bless America.