“I challenged that and the judge completely ignored the report and my challenge”: How homeowners without knowledge of legal requirements for practice in court lose cases they could have won.
by Neil Garfield
People often tell me that they challenged something in court and that the judge completely ignored their challenge. The problem is that most people don’t know the elements of a legal challenge in court. Based upon my review of transcripts, reports, and proffers of evidence and testimony, nearly all such cases consist of raising questions in the expectation that the judge will answer the question.
Not only is that not within the job description of a judge, it is expressly prohibited. The judge may not act as an advocate for either side. The judge can only act upon the presentation of evidence and argument that is properly brought before the court. Although there is wide latitude for discretion by the court, any action or statement by the court that clearly shows that the judge is attempting to guide one side or the other toward the correct presentation will ordinarily be considered the foundation for a claim of bias and a motion for recusal.
Although I vigorously disagree and dissent from the action taken by the third District Court of appeal in Miami and removing a judge from a case, allegedly for bias in favor of the homeowner, the decision is not without a legal basis.
The attorney for the homeowner was treading the new ground and frankly failed to connect all the dots necessary to make it absolutely clear that there was at least probable cause that the documents have been fabricated and forged. It must be something stronger than a question of whether the documents were fake and in nearly all court cases, the burden of persuasion is extremely high. If that was not the case the court docket would be filled with such motions.
The judge took it a little bit further and set a hearing to show cause why the attorney and the client should not be held in contempt for lying. In a different context, the action by the judge would probably have been affirmed by any appellate court.
We live in the context of foreclosure litigation where the general consensus is in agreement that the transactions with homeowners were loans, that when homeowners start making payments a default has occurred, and that relief for such homeowners would be contrary to maintaining the sanctity of contract.
So the action by the judge appeared to be out of context, even though she was right. And being out of context it looked like she was favoring one side over another. In my opinion, she was just exasperated by the flood of fabricated, false, and forged documentation.
But I still maintain that the 3rd DCA was wrong. they know by now that there are hundreds of cases in which judgments or settlements have been entered based entirely on the inability or refusal of the foreclosure lawyer to either prove he had a viable client or to prove or corroborate the claim that the named plaintiff or beneficiary had a claim.
They know and they knew that in such cases the possibility that real transactions in the real world existed that would have supported or corroborated the false documentation was legally zero (if it existed it had to be presented in the trial).
Every hill seems steepest when you are at the bottom. That is the start of the journey.
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Mortgage Fraud Daily News Update ⋅ December 24, 2021 |
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Toronto police investigating alleged mortgage fraud worth $5 million – Global News Global News Police say the scheme began in August 2020 and allege the man obtained more than $5 million in mortgages from lenders throughout the Greater … Toronto Police Looking For Mortgage Fraud Suspect Who Obtained Over $5 Million In … – X99News – X99News
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Toronto police looking to identify mortgage fraud suspect who obtained over $5M in … CTV News Toronto Mortgage fraud, police. Toronto police are looking to identify a man wanted in a mortgage fraud investigation. (TPS Handout) … Toronto Police on Twitter: “Police request assistance identifying suspect in Mortgage Fraud … – twitter.com
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Toronto police investigating alleged mortgage fraud worth $5 million | The Star Toronto Star Toronto police are searching for a man accused of taking out mortgages on other peoples’ property without their knowledge. Toronto police investigating alleged mortgage fraud worth $5 million – CityNews Kitchener – CityNews Kitchener
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Toronto police investigating alleged mortgage fraud worth $5M – BNN Bloomberg BNN Bloomberg Growth in Canada’s uninsured mortgage market signals ‘houses have… Up Next. 6:20. Purpose of the MQR is to ensure credit quality, not …
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Toronto Police Investigating Alleged Mortgage Fraud Worth $5 Million – The Street Journal The Street Journal … posed as a private mortgage broker and set up fictitious lenders, … is wanted on charges of fraud, conspiracy and uttering forged documents.
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ED attaches Rs 100 crore assets of accused in IDBI loan scam | Hyderabad News – Times of India Times of India The Enforcement Directorate has provisionally attached Rs 100 crore worth assets of the accused in the IDBI bank loan fraud case.
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Probe Agency Attaches Assets Worth Rs 100-Crore In Bank Loan Fraud Case | Kashmir Observer Kashmir Observer Probe Agency Attaches Assets Worth Rs 100-Crore In Bank Loan Fraud Case. New Delhi- The Enforcement Directorate on Thursday said it has attached …
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Tax Fraud Blotter: Bunch of suckers | Accounting Today Accounting Today Barry and his conspirators told clients they could extinguish their outstanding mortgage debts by filing forms with the IRS claiming a large amount of …
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Fraudsters who claimed £10m in Covid loans while on bail jailed for 33 years – The Telegraph The Telegraph … Bounce Back loan scheme while on bail for money laundering offences. … Bounce Back loan frauds since the scheme was introduced in 2020.”.
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Man wanted in alleged $5M Toronto mortgage fraud | FlamboroughReview.com Flamborough Review | Home Toronto police investigating alleged mortgage fraud worth $5 million. … posed as a private mortgage broker and set up fictitious lenders, …
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Nigeria’s Ex-Justice Minister, Adoke Received ‘A Benefit’ From OPL 245 Funds – Sahara Reporters Sahara Reporters … Bello Adoke, one of those accused of fraud in the OPL 245 scam, … Whereas Adoke asserts that the mortgage payment was “made directly to the …
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Fraud syndicate accused of targeting Telstra and big banks – The Age The Age Fraud syndicate accused of targeting Telstra and big banks … when he allegedly provided fraudulent documents to support a mortgage application …
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Montreal teenager dead after shooting at house party | wellandtribune.ca Welland Tribune Toronto police investigating alleged mortgage fraud worth $5 million · Fire ravages Thunder Bay’s historic Finnish Labour Temple.
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Elizabeth Holmes fraud trial: Jury deliberations continue for third day – YouTube YouTube … the latest in the fraud trial of former Theranos CEO Elizabeth … … international market data, social interaction and mortgage rates that …
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State Police Investigating Check Fraud, Identity Theft in East Nottingham Township – MyChesCo MyChesCo Share this: · State Police Investigating Check Fraud, Identity Theft in East Nottingham Township · Landlords and Mortgage Servicers Put on Notice About …
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India News | Bank Loan Fraud: ED Attaches Rs 100-cr Worth Assets | LatestLY LatestLY India News | Bank Loan Fraud: ED Attaches Rs 100-cr Worth Assets. Get latest articles and stories on India at LatestLY. The ED on Thursday said it …
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WANTED: Toronto Police Are Looking For A Man Who Allegedly Stole $5M By Pretending … 6ixBuzz Toronto police are looking to identify a man who was allegedly involved in a multi-million dollar mortgage fraud.
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Kessler Topaz Meltzer & Check, LLP Announces a Securities Fraud Class Action Filed … – Benzinga Benzinga (“DocuSign”) (NASDAQ:DOCU). The action charges DocuSign with violations of the federal securities laws, including omissions and fraudulent …
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Log4j security vulnerability is a double threat to banks | National Mortgage News National Mortgage News Banks have extra reason to be concerned by the news that a commonly used piece of software could be exploited by hackers.
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CVBJ Biz … of weapons by a federal convict, because in 2015 he pleaded guilty to mortgage fraud, the businessman wrote this on his Instagram account:.
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St. Louis Post-Dispatch Trump ally in 2020 election fraud allegations to headline rally in Missouri … New housing, mortgage fund underway for low-income St. Louis …
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Georgia election workers file second suit over fraud claims | TheSpec.com Hamilton Spectator Georgia election workers file second suit over fraud claims … Toronto police investigating alleged mortgage fraud worth $5 million.
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Long-Term Mortgage Rates Decline Amid Omicron Fears – The Epoch Times The Epoch Times Long-term mortgage rates declined this week amid fresh fears over the … US Secret Service Investigating Hundreds of Fraud Cases Linked to Funds …
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Omicron worries push mortgage rates down; 30-year at 3.05% | myMotherLode.com myMotherLode.com Mortgage buyer Freddie Mac reported Thursday that the average rate on the … Georgia election workers file second suit over fraud claims …
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Omicron worries push mortgage rates down; 30-year at 3.05% – Connecticut Post Connecticut Post Mortgage buyer Freddie Mac reported Thursday that the average rate on the … Man from Jamaica found guilty of drug trafficking, identity fraud …
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CT Pediatric Practice Gets Heavy Fine In Fraud Settlement | Tolland, CT Patch Patch A pediatric practice with offices in South Windsor, Torrington and Tolland has been ordered to pay a hefty fine in an insurance fraud case.
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U.S. military landlord pleads guilty to fraud, resolving probe – NewsNation Now NewsNation Now U.S. military landlord pleads guilty to fraud, resolving probe … industry continued to benefit from low mortgage rates and strong demand.
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ED attaches properties of Rebba Satyanarayana – The Hindu The Hindu … money laundering linked to alleged fraud against an IDBI branch in AP. … most of the loan amount was withdrawn in cash and handed over to …
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Prince George gym owner sent scrambling in face of closure order | wellandtribune.ca Welland Tribune Toronto police investigating alleged mortgage fraud worth $5 million · Omicron variant ‘just took off’ in Waterloo Region’s wastewater.
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Police trying to identify suspects who have taken over $ 5 million in mortgages after … Eminetra Canada Police in Toronto are masquerading as a private mortgage broker and are … The suspect wants to commit crimes that the plot can prosecute, fraud … Police request assistance identifying suspect in Mortgage Fraud investigation, Photograph … – Toronto Police Service
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Ontario records 5790 COVID-19 cases, smashing through record – Midland Today Midland Today Toronto police investigating alleged mortgage fraud worth $5 million. 4 minutes ago · Fire ravages Thunder Bay’s historic Finnish Labour Temple.
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Inflation to hit 6.8pc – how it will affect your mortgage, savings and investments – The Telegraph The Telegraph About two million households have some form of variable mortgage. Some 850,000 are on tracker-rate mortgages that will rise or fall in line with any …
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Georgia election workers file second suit over fraud claims – Times Union Times Union … and former New York City Mayor Rudy Giuliani of defaming them by falsely claiming they engaged in ballot fraud during the 2020 election.
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Vancouver man not guilty of criminal fraud and theft | Benzinga Benzinga VANCOUVER, BC, Dec. 23, 2021 /CNW/ – A Vancouver man has been found not guilty of criminal fraud over $5000 and criminal theft over $5000.
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RVNC INVESTOR FRAUD: Hagens Berman, National Trial Attorneys, Encourages Revance … Benzinga SAN FRANCISCO, Dec. 23, 2021 (GLOBE NEWSWIRE) — Hagens Berman urges Revance Therapeutics, Inc. (NASDAQ:RVNC) investors to with significant losses …
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Ontario reports a single-day record in new COVID cases, with a staggering 16% positivity rate Brampton Guardian … pleads guilty to discreditable conduct after fraudulent benefit claims investigation … Man wanted in alleged $5M Toronto mortgage fraud.
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Fed’s Latest Policy Action Means End Of Coronavirus Stimulus… – menafn menafn Probe Agency Attaches Assets Worth Rs 100-Crore In Bank Loan Fraud Case …
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Escondido man gets prison in $1.1M contemporary art forgery scam – California News Times California News Times Jason Alan Harrington, a 39-year-old native sandigan with a graphic design background, has focused a lot of fraud on imitating New York street artist …
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Kahne Races Outlaws + Keselowski Passes Away + Missing Kids | Mooresville, NC Patch Patch … Maine man charged with PPP loan fraud sues US government and Lowe’s (WGME) … to you in part by Newrez, a leading nationwide mortgage lender.
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VIDEO: Startup Mortgage Company Fires Hundreds Of Employees On Zoom Call – News Nation USA News Nation USA NEW YORK (CBSNewYork) — The CEO of a startup mortgage company is … Trump Fraud Inquiry Won’t Be Resolved When Vance’s Term Ends Next Week.
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Stockton farm labor contractor arraigned on 15 felony counts in alleged $1.8 million workers … Crime Voice Alfredo Casas, 62, of Stockton, has been arraigned on 15 felony counts of insurance fraud, grand theft and tax evasion. Casas.
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(Reader: Lazarus) Twelve CT Judges Arrested for Capias Mortgage Fraud | Operation … Operation Disclosure Official Judge Walter Spader is the Police Commissioner, Judge, the lobbyist, and a partner in the law firm of the foreclosures he steals.
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Foreclosure Daily News Update ⋅ December 24, 2021 |
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As Foreclosures Decline, Mortgage Delinquencies Remain Steady – DSNews DS News Both foreclosure starts (3,700) and active foreclosure inventory (132,000) hit new record lows in November as borrowers continue to work through … Effectively Managing Your Foreclosure Portfolio – CRC – Single Family – Freddie Mac – Client Resource Center – Freddie Mac
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Black Knight’s First Look: Mortgage Delinquencies Continue Steady Improvement – KPVI KPVI Total U.S. foreclosure pre-sale inventory rate: 0.25% … *Non-current totals combine foreclosures and delinquencies as a percent of active loans …
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Housing Help in Uncertain Times – SweetwaterNOW SweetwaterNOW Foreclosure Prevention. Foreclosure prevention is when WHN assists you with the negotiation to delay or stop a foreclosure. They are there to assist …
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Hello Living staves off foreclosure on East Flatbush project, for now – The Real Deal The Real Deal Eli Karp is making a do-or-die attempt to save his Brooklyn rental project, filing for Ch. 11 a day before a planned foreclosure auction. Land auction hilo – Giromondo Tour – Giromondo Tour Tampa bay condo foreclosures – gaintech.com.br Homes for sale 98671 – EIE – EIE
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Serious delinquencies dropped by 80,000 in November | National Mortgage News National Mortgage News Just 409,000 loans were seriously delinquent but not in foreclosure at the end of February 2020. The relative numbers for mortgages that …
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As Foreclosures Decline, Mortgage Delinquencies Remain Steady – Appraisal Buzz Appraisal Buzz As Foreclosures Decline, Mortgage Delinquencies Remain Steady … Prepayment activity fell by 8.9% in November to hit its lowest level in 22 months, as …
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Black Knight’s First Look: Mortgage Delinquencies Continue Steady Improvement – GuruFocus GuruFocus Both foreclosure starts (3,700) and active foreclosure inventory … rate (loans 30 or more days past due, but not in foreclosure): 3.59%
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5th Circuit says bank and mortgage servicer did not engage in “dual tracking” – Lexology Lexology On December 15, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of defendants in a mortgage foreclosure action…
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RUPCO clears hurdle to acquiring 10 tax-foreclosed houses in Kingston – Daily Freeman Daily Freeman This tax-foreclosed house at 112 Hone St. in Kingston, N.Y., shown on Nov. 11, 2021, is one of 10 in the city that affordable housing agency RUPCO …
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Billionaire Len Blavatnik, Witkoff Take Control of Troubled NYC Condo Project – Bloomberg Bloomberg.com Blavatnik’s Access Industries and the Witkoff Group bought the property — at 76 11th Ave. near the High Line park in Chelsea — in a foreclosure …
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Notice | Legal Announcements | mooresvilletribune.com Mooresville Tribune NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on January 18, 2006, a certain Note having an original principal amount of $84000.00, …
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Legals for December, 24 2021 | Bonner County Daily Bee Bonner County Daily Bee SUMMONS FOR PUBLICATION ON COMPLAINT FOR JUDICIAL FORECLOSURE AND DECLARATORY RELIEF IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE …
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What Does the Board Need to Understand Mechanics Liens? – Habitat Magazine Habitat Magazine When you say foreclosure of the lien, what does that actually mean? It’s a proceeding where the contractor takes their lien and any supporting …
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Doubling Down With the Derricos’ Deon boasts about ‘buying up blocks’ & promotes real … – The Sun The Sun The petition for foreclosure mediation assistance was dismissed and the foreclosure was to be issued in the normal course of business. Deon filed a …
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Billionaire Len Blavatnik Takes Control of Troubled NYC Condo Project – Bloomberg Quint Bloomberg Quint … Industries and the Witkoff Group bought the property — at 76 11th Ave. near the High Line park in Chelsea — in a foreclosure sale Thursday.
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THE COURTS | News, Sports, Jobs – Morning Journal Morning Journal Margaret Wilkinson, Wooster Street, East Liverpool; foreclosure sought for $38,039 debt. Mariner Finance, Indianapolis, Ind., vs.
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City Hall, Council Chambers December 07, 2021 | The Ely Echo The Ely Echo Covid has changed their foreclosure process, now all the bidding on these properties is all online. With this they have had more sophisticated …
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Kaun Banegi Shikharwati trailer: In Lara Dutta, Soha Ali Khan’s new series, a glimpse of desi … Hindustan Times Faced with foreclosure for not paying wealth tax, he and his advisor (played by Raghubir Yadav) devise an outlandish plan to bring the king’s four …
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Real Property, Financial Services, & Title Insurance Update: Week Ending December 10, 2021 JD Supra 8, 2021) (reversed and remanded); Foreclosure/ Affirmative Defenses / TILA: To determine whether a transaction is subject to TILA, which does not …
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In the courts: | News, Sports, Jobs – The Review In the courts: | News, Sports, Jobs – The Review COLUMBIANA COUNTY COMMON PLEAS New Cases Huntington National Bank, Columbus, vs. Margaret Wilkinson, Wooster Street, East Liverpool; foreclosure …
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Unfair and unpaid: A property tax money machine crushes families – The Philadelphia Tribune The Philadelphia Tribune Foreclosures are far rarer in New York City, where property tax debts … he had a heap of foreclosure warnings to sort through and a tax debt … Foreclosure – Cheshire County – Cheshire County HOW TO AVOID PROPERTY TAX FORECLOSURE | Leelanau Enterprise – Leelanau Enterprise foreclosed homes no money down – Clínica Cuevas Queipo – Clínica Cuevas Queipo
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$32M and counting: The cost of cleaner, more detailed crime stats in Florida – YouTube YouTube Foreclosure fees has local judge steaming mad. ABC Action News. ABC Action News. •. 3.4M views 11 years ago · Omicron predictions.
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Backeburg 19-CV000546 | Legal Announcements | madison.com Madison.com STATE OF WISCONSIN CIRCUIT COURT SAUK COUNTY NOTICE OF FORECLOSURE SALE Case No. 19-CV-000546 BMO Harris Bank N.A. as successor to Harris National … CLERICUS – Foreclosure Sale List – Sumter County Clerk of Courts – Sumter County Clerk of Courts
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Clark County Common Pleas Court cases – Springfield News-Sun Clark County Common Pleas Court cases … the United States of America, Secretary of Housing and Urban Development c/o The U.S. Attorney for the Southern District, foreclosure.
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Why Is a Mechanic’s Lien a Problem? | Habitat Magazine, New York’s Co-op and Condo Community Habitat Magazine After filing, they have a year to go to court and commence a full-scale foreclosure proceeding, just like a bank foreclosure.
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Pasco Uber driver says ‘made up’ kidnapping report has ruined his reputation – YouTube YouTube Foreclosure fees has local judge steaming mad. ABC Action News. ABC Action News. •. 3.4M views 11 years ago …
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Heels Homes, Your Trusted Home Buyer, Buys Houses For Cash In Columbus, Ohio … PR Underground … for most property owners who need to sell their houses due to situations such as foreclosure, unwanted inheritance, damaged house, and more. Foreclosure Homes In Atlanta – – Real Estate Agency Directory – Real Estate Agency Directory Foreclosure Homes for Sale – – Real Estate Agency Directory – Real Estate Agency Directory Cheap homes for sale vincennes indiana – DRAYAA – BIOMEDICAL SERVICES – DRAYAA – BIOMEDICAL SERVICES
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Public Notices – | Babylon Beacon Babylon Beacon who filed this foreclosure … will not stop this foreclosure action. YOU MUST RESPOND … Concerning Public Auctions of Foreclosed Property
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Mortgage Rates Fall As Investors Show Caution Over Omicron – Realtor.com Economic Research Realtor.com Homes for Sale. Homes For Sale · New Home Construction · Recently Sold Homes · Foreclosure Homes. Homes Values. Housing Market · Property Records …
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Multnomah Sheriff Says This Man Inappropriately Touched Teenager | Portland, OR Patch Patch the Multnomah County Sheriff’s Office says that they are looking for a man that they say inappropriately touched a teenager while on the bus.
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Sebi to auction Sun Plant Agro and Sun Plant Business properties next month The Bharat Express News In December 2014, foreclosure proceedings were initiated against Sun Plant Agro to recover Rs 69.34 crore and a separate foreclosure order was …
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Landlords and Mortgage Servicers Put on Notice About Servicemembers’ and Veterans … MyChesCo “The illegal foreclosures of military families in the last crisis was one of the financial industry’s worst failures,” said CFPB Director Rohit …
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Consumer Defense: A Tactical Guide To Foreclosure, Bankruptcy, and Creditor Harassment Carmichael’s Bookstore Consumer Defense: A Tactical Guide To Foreclosure, Bankruptcy, and Creditor Harassment: The Luxury of the Informed (Paperback) … This book cannot be …
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Fundraiser by Danielle Ryan Butts : Our home is in foreclosure please help – GoFundMe GoFundMe … now the house is up for foreclosure, we don’t have enough if any funds for gas, and first month’s security deposit to put down on a campsite.
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