04 July 2011
KingCast/Mortgage Movies is going to California, the Levee may break in an Orange County Aurora foreclosure case.
I thought Commissioner Glenn Mondo was bad..... he will likely be overturned if there is any Justice left in California because he refused to allow a documented substitute trustee to stand in the shoes of Defendants, in blatant contravention of California Law. But not to be outdone, hey even the Aurora process server was a pissant liar. In my response to my inquiry as to whether or not Aurora ever proved it had authority to foreclose (they most assuredly DO NOT) he says to me "I don't know who you are....." which is a total lie because we were all just in open court together discussing my presence as media. Stay tuned for the movie late night as it may have to wait for the hotel to upload, Long Beach Public Library is quaint and cordial but Internet speed is not a forte =^.)
Hey hey what can I do, I got myself a nominal lender and they won't be true.....Going to California BBC Session.
Well at least that's what the Courts in New York and Wisconsin are saying. Aurora v. Weisbaum, 2011 NY Slip Op 4184; 2011 N.Y. App. Div. LEXIS 4108 (May 17, 2011) P12 In sum, Aurora failed to authenticate Exhibit D, the document purporting to be an assignment of the note. Thus, regardless of other alleged proof problems relating to that note and the Carlsens' alleged [*9] default, the circuit court's finding that Aurora was the holder of the note is clearly erroneous--no ad-missible evidence supports that finding. Aurora failed to prove its case, and it was not entitled to a judgment of foreclosure.
By the Court.--Judgment reversed.
....and Aurora v. Carlsen, 2011 WI App 58; 2011 Wisc. App. LEXIS 235 (March 24, 2011).
Moreover, Aurora produced no documents indicating an assignment to it of the second note and mortgage or of the entire consolidated note and CEMA in the amount of $704,000. Although Aurora's vice president averred in conclusory fashion that Aurora became holder of the mortgage which is the subject of the ac-tion "by delivery without a written assign-ment," the affiant failed to give any factual de-tail of a physical delivery of both the consoli-dated note and the CEMA to Aurora prior to the commencement of the action. Thus, Aurora failed to establish its standing to commence the action.
DILLON, J.P., BELEN and ROMAN, JJ., concur
ORDERED that the appeal from the order dated February 25, 2010, is dismissed, as that order was superseded by the order dated May 19, 2010, made upon renewal; and it is further,
ORDERED that the order dated May 19, 2010, is reversed insofar as appealed from, on the law, and, upon renewal, the order dated February 25, 2010, is vacated, the plaintiff's motions for summary judgment on the complaint and for an order of reference are denied, and the cross motion of the defendants Steven Weisblum and Patti Weisblum for summary judgment dismissing the complaint insofar as asserted against them is granted; and it is further,
ORDERED that one bill of costs is awarded to the defendants Steven Weisblum and Patti Weisblum.
California seems to have a different take on things, so I am most intrigued to report on this case.
My sister was never a rocker but today she recognizes the brilliance that is Led Zeppelin. They should take out some of the top on this version, add a little bottom, otherwise it is simply sublime. As to the forthcoming Mortgage Movie, who knows what to expect. California is very restrictive on media inclusion, and grants no presumption in favor of Open Courts, a fact I find more than slightly disturbing. Whatever happens out there you will see it here the next day if not later tomorrow night.
Not that NH Senator Kelly Ayotte cares one iota, she can't -- or won't -- even answer a straight question about the CFPA.