The Moral Decay and Degradation to the American Society Stemming From the Foreclosure Judiciary

Real life movies will be making a fortune. Don’t be surprised to see foreclosure judges in the spotlight in the near future on the big screen.

Deadly Clear

Judicial ActivismIt’s just an observation, but it certainly appears that foreclosure judges have been given orders to squash homeowners like a bug at the lower court level and if they can afford to appeal – maybe, just maybe, they might get some fair and balanced justice. The process so far has been highly unbalanced. Whether foreclosure judges are just not competent enough to understand the securitization, rehypothecation and securities scheme, or whether they’ve been told by higher-ups that if they don’t rule against homeowners all their pensions will be lost or the economy will crash – it’s just a bizarre and pathetic state of mind.

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One thought on “The Moral Decay and Degradation to the American Society Stemming From the Foreclosure Judiciary

  1. United States Court of Appeals

    For the Eighth Circuit

    ___________________________

    No. 12-2508

    ___________________________

    Bank of America, N.A.

    Plaintiff – Appellee

    v.

    Gary R. Peterson; Sally L. Peterson

    Defendants – Appellants

    JP Morgan Chase Bank, N.A., and its successors and assigns;

    Horizon Bank, National Association; Clear & Close Title Agency, Ltd.,

    also all heirs and devisees of any of the above-named persons who

    are deceased; and all other persons or entities claiming any right,

    title, estate, lien or interest in real estate described in the Summons

    and Complaint herein

    Defendants

    ____________

    Appeal from United States District Court

    for the District of Minnesota – Minneapolis

    ____________

    Submitted: March 4, 2015

    Filed: April 15, 2015

    ____________

    Before WOLLMAN, BYE, and COLLOTON, Circuit Judges.

    ____________

    WOLLMAN, Circuit Judge.

    This case is before us on remand from the United States Supreme Court. In

    Peterson v. Bank of America, N.A., 135 S. Ct. 1153 (2015), the Court granted a writ

    of certiorari, vacated this court’s judgment in Bank of America, N.A. v. Peterson, 746

    F.3d 357 (8th Cir. 2014), and remanded the case to us for reconsidering in light of its

    decision in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015).

    In Peterson, we relied upon our court’s decision in Keiran v. Home Capital,

    Inc., 720 F.3d 721 (8th Cir. 2013), in holding that the Petersons’ claim for rescission

    under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., was time-barred by 15

    U.S.C. § 1635(f) because of their failure to file a lawsuit within three years of their

    transaction with Bank of America. 746 F.3d at 360. The Supreme Court held in

    Jesinoski that the Keiran court had erred in holding that a borrower’s failure to file

    a suit for rescission within three years of the transaction’s consummation extinguishes

    the right to rescind and bars relief. 135 S. Ct. at 792.

    In light of the Court’s holding in Jesinoski, we vacate that portion of our

    judgment in Bank of America N.A. v. Peterson that granted Bank of America

    summary judgment on the Petersons’ claim for rescission, reinstate that portion of our

    judgment that vacated the grant of summary judgment to Bank of America on the

    Petersons’ counterclaim for statutory damages, and remand the case to the district

    court for further proceedings consistent with this opinion.

    ______________________________

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