Wednesday, July 27, 2011
U.S. Bank v. Kimball, (Vt. No. 2010-169) and other New England foreclosure cases beg the question: Did Diane Nicolosi and Shawn Masterson pass Civil Procedure class?
C'mon guys, we all went to law school..... What's the first thing you learn in Civil Procedure: Standing. It's pretty flipping simple -- if you don't have standing, get the hell out of here and stop wasting Judicial resources. New York Supreme Court Justice Schack will sanction your ass for that in New York. I get it, read my Rule 3.3. Candor to the Tribunal Ethics Complaint response to NH Bar. Florida Bar Association Ethics panel gets it, they ordered attorneys to disclose document irregularities such as those presented by robo-signers like Linda Green. My pals at Leagle get it, they posted the case of U.S Bank v. Kimball, (Vt. No. 2010-169, July 22, 2011) . Vermont Supreme Court gets it, they wrote the opinion. Massachusetts SJC gets it, they authored U.S. Bank v. Ibanez (SJC 10694 January 2011). And surprise, surprise even NH gets it when it wants to, ask Deutschebank. They love Mortgage Movies Journal BTW.
So why can't Hillsborough Superior Court Judge Diane Nicolosi or Schectman Savage lawyer Shawn Masterson get it? Is Wells Fargo in either of their investment pools or what? It is a logical question when you consider my video clearly shows Attorney Masterson as he testilies about the original mortgage and note when he has no more way of knowing the authenticity or trail of title than he knows the number of angels that dance on the head of a pin. It's all poppycock, balderdash..... (bruhahahaa... one for you KingCrimson fans).
So why isn't the major press featuring a daily or weekly Mortgage Movies column where they go into courtrooms and report developments in this crucial area that spawned one of the most-watched 60 Minutes episodes in recent history? Some like Alexander Higgins (great journal feature) and Ben Bagdikian before him have suggested, with substantial anecdotal evidence, that the major press is bought and sold. Having worked for major press and medium press. I'm not going to disagree. Throw in the entertainment sleaze portion to pay more bills and make more money and there you have the negative sum total of most so-called journalism in the United States. Viva the Fourth Estate, piffle.