CA 5th DCA: Magical Presumptions Are Not Enough

Like it or not, thank President Trump for the appointment of Justice Neil Gorsuch, a much needed “Rule of Law” judge. Judges in lower courts are more aware that decisions that don’t follow the law and end up in the U.S. Supreme Court have a greater chance of being overturned. BTW – so do the banks.

COMMON SENSE:
“In Yvanova, supra, the California Supreme Court inexplicably held that the homeowner can sue for damages for a wrongful foreclosure based upon false instruments and lack of authroity but that the homeowner could not stop the foreclosure itself. Far from being the last word on this subject, the doctrine is leaking badly all over the country. If a homeowner has a right to damages because the foreclosure should never have been conducted, then exactly how could the homeowner be prevented from stopping it in the first place?”

Livinglies's Weblog

Finally the courts are coming back to real law as opposed to invented doctrine designed to let the banks win. The significance of this case cannot be overstated.

Importantly, this case shows that a pro se litigant (without counsel) can win on appeal after being steamrolled in the trial court.

Get a consult and Chain of Title Analysis! 202-838-6345
https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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Hat tip to Attorney Charles Marshall
Wall Street is not going to like this decision. The Justices on the 5th DCA (CA) have returned us to basic law.
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The financial institution convinced the trial court that
(1) it was, in fact, the beneficiary under the deed of trust,
(2) a properly appointed substitute trustee conducted the foreclosure proceedings…

View original post 909 more words

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