All posts tagged "res judicata"
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1.2KAppellate CircuitRes Judicata Interpreted by 5th Circuit Judge Jerry Smith when Applied to Attorneys’ [Fees]
Res judicata bars causes of action or defenses which arise out of the same subject matter as the initial suit.
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2.0KAppellate JudgesCFPB v Ocwen, Florida: Motion for Reconsideration and Recusal of Judge Kenneth A. Marra
This court unlawfully denied the Burkes access to court documents. Both sets of counsel conspired with the Court and committed perjury, repeatedly.
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1.7KAppellate JudgesCPFB v Ocwen, Florida: Renewed Motion to Intervene and Memorandum in Support
This court unlawfully denied the Burkes access to court documents. Both sets of counsel conspired with the Court and committed perjury, repeatedly.
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1.8KAppellate CircuitIn Re Martin Dekom, “On Behalf of the Little People” – You’re Screwed
Dekom’s claim that defendants violated RESPA’s requirement that loan servicers respond to written inquiries about mortgages and foreclosures fails because lawyers ain't...
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1.1KAccelerationThird Circuit State a ‘Self Proclaimed Debt Collector’ Can Validate a Foreclosure Proceeding
The initial communication and validation notice was issued in the foreclosure complaint drafted by the law firm and self-proclaimed debt collector representing...
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2.1KAccelerationOwen’s Easter Basket of Omissions and Whiteouts re Ocwen Loan Servicing et al.
The Burkes filed their Petition for Rehearing en banc to allow all the active judges who are not recused and able to...
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1.3KAccelerationThe Chief Priscilla ‘Foreclosure Queen’ Owen’s Accelerating Relationship with Mortgage Servicer Ocwen
Judge Priscilla Owen is involved in most of the 3-panel opinions in 2021 related to foreclosure appeals, representing Wall St. and taking...
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1.6KAccelerationProtected: Owen’s Easter Basket of Omissions and Whiteouts re Hopkins Law et al
There is no excerpt because this is a protected post.
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1.7KAccelerationThe Judicial Easter Egg Hunt: Owen’s Easter Basket and the Perversion of Justice.
We're not privy to which Quarter Back clerk was assigned to draft the consolidated opinion but we can say emphatically it is...
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1.4KDebt CollectorAfter Yvanova: Monica Sciarratta’s Wrongful Foreclosure with Prejudice
Yvanova did not address any of the substantive elements of the wrongful foreclosure tort, and in particular did not address prejudice ....
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2.0KFederal JudgesRogue Florida Lawyers, Russians, Real Estate and Fraud Claims Assigned to Judge Marra’s Courtroom. Here’s What Happened Next
The facts of this court order is limited to whether or not two attorney's should be sanctioned by Marra and delegated to...
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4.1K1Eleventh CircuitOperation Whiteout: Lyin’ Senior Judge Kenneth “Magic” Marra Tosses CFPB Claims
Judge Kenneth A. Marra's Void Order Granting Ocwen’s Motion for Summary Judgment on 9 out of 10 Claims on the basis of...
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1.6KAppellate JudgesEgregious Conduct, an Unconscionable Scheme and Perjured Testimony. It’s the 11th Circuit and it Sounds All Too Familiar.
The court concluded it was an unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate this matter by...
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4.1KAppellate JudgesPenn. Superior Court Decides Banks Res Judicata Doesn’t Apply when it’s a Bank Seeking Another Bite at Homeowner(s)
If you are defending a foreclosure action and have the case dismissed, there is no bar to the bank continuing legal action...
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3.4K1Ken PaxtonHomeowner Wins in Texas and Should Thank Whitney, Whitehill et al.
The Whitney Certificate from the Secretary of State was sufficient to show proper service. Summary judgment for the homeowner affirmed.
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2.3KAppellate CircuitJudge Kenneth Marra Votes in Favor of Claim Preclusion and Against Florida AG in Ocwen Case, With Prejudice
Florida Plaintiffs argue Count V attempts to hold Ocwen liable for knowingly maintaining and relying on REALServicing to its own benefit and...
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1.3KBankruptcyWhen at First You Don’t Succeed, Try, Try and Try Again; Homeowner Wins ‘A Free House’ in Indiana; And 5th Cir. Judge Higginbotham is Most Likely Not Happy
Due to the creditors’ lack of success in their attempts to foreclose, the litigation has spanned many years, thus increasing the amount...
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1.5KFifth CircuitThe Fifth Circuit’s Carol: Have Yourself a Merry Little Christmas
Carol Paselk sued the defendants for foreclosing on her residential property. Representative Farenthold publicly promised to reimburse the U.S. Treasury for $84,000...
