Foreclosure lawsuit to get another chance
Michael Boyter walked out of San Francisco’s federal courthouse Friday encouraged that a judge had left the door open for him to continue a legal battle against the foreclosure of his Bethel Island home.
“I have a chance to keep fighting,” he said in a heavy downpour. “Not only for me, but for the thousands of other families who are out here in the rain like this and are hurting.”
U.S. District Court Judge Susan Illston dismissed his case – but gave him leave to amend it, basically encouraging him to gather more evidence and case law and refile.
“I’m struggling with the consequences if there were irregularities in the (foreclosure) transaction,” the judge said in court.
Illston, known for her thorough research, said her ruling would lay out the points Boyter needs to better substantiate in a new filing.
“I’ll put in the cases I’ve been reading,” said the judge, who has presided over such high-profile cases as the BALCO sports-doping trial and Barry Bonds perjury trial.
Boyter’s case may be less splashy, but it deals with concerns shared by many thousands of borrowers who lost their homes.
His lawsuit focuses on the types of paperwork problems uncovered in the nationwide robosigning scandal and in a February audit of San Francisco foreclosures that revealed numerous procedural missteps.
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/17/BUMD1NGUO6.DTL#ixzz1pZqciaNy
~
If I were a fraudclosure attorney in California I would get in touch with this Gentleman and see where I can help him win. This kind of thing can Stop fraudclosures in their tracks in california. We all know that attorneys in california are very careful to only take money makers,well this one could be the two sticks that are rubbed together in california to make the fire on the banks. Attorneys,Prose, anyone help this guy out with his amended response. Lets see a mark in the win colum for california..
The question I have is why has no one gone to the Supreme Court level with a fight against non-judicial foreclosures being unconstitutional? I live in a judicial state and have personally heard the illegitmate excuse that there is fraud in everyones mortgage and you signed that contract from the Il State AG’s office. This is the biggest fraud and scam in American history to overthrow the U.S. Constitution, the U.S. BILL OF RIGHTS and our National Sovereignty.There is no law that says if you do not pay the mortgage you lose your home..The truth is that if there is fraud anywhere in a legal contract…the courts nationwide are well settled that nullifies the legal contract. This unconstitutional and illegal scam all began on 9/11 and continues up until today.The majority of the attorneys, law enforcement, the politicians, the judges are traitors and/or are cowards but, the truth is it is the American people who are really the blame for allowing their own robbery to continue with virtually NO RESISTANCE. WE THE PEOPLE are for the most part, dumber than a box a rocks when it comes to knowing their rights and the laws that put in place to protect them, their property rights and our National Sovereignty. WE THE PEOPLE are allowing this manufactured eliteist fraud, robbery and sham to continue by continuing to participate, pay, comply and conform with this outright unconstitutional and illegal war on our Constitution and our freedom and independence…This lack of resistance out of fear and not knowing or simply not wanting to know the truth is allowing this theft of America to continue with but a few wimpers. Too many are still believing the lie that there are politicians who are going to correct this manufactured mess. when it is the politicians who created it, implemented and carried it out. The truth is, only WE THE PEOPLE can correct this, and it has to be done quietly and strategically, as one nation under God, of freedom loving American Patriots…
This is why I say that there are still some wise judges out there and that we can use the result of the settlement to our own benefit by using it to confirm what we have been saying all along and that these judges will see clearly the injustices now base on the settlement disclosures…