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EmainEric
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C’mon John…. it was a hack job ruling by Barker, you know it, I know it, and any 1st year law student knows it….Heck, even Chief Justice Wood knows it…… if you listen to the oral arguments located here –
http://media.ca7.uscourts.gov/oralArguments/oar.jsp?caseyear=16&casenumber=1985&listCase=List+case%28s%29 (I would encourage your readers to do so as well) you note the following comments from Wood-
#1.)-The district court erred in dismissing with prejudice on a jurisdictional issue, doing so was not proper….notice how she bats down counsel who argues otherwise, since 1st year law students (and Judge Barker) know this.
#2.) -Even IF they think some of our claims are weak, Judge Wood basically told counsel for Black Knight, "I am concerned some of these arguments should have been analyzed under 12(b)(6)" and then went on to say, "it appears there are theories for claims here that pre-date and are independent"--so Woods is leading that even if it is a partial ruling, especially as to FDCPA, TILA, etc., they aren't going to allow Rooker to broom them per case precedent that fully support Rooker not being applicable.
Judge Williams asked one question in orals, but it was interesting:
"Mr. Goldberg, Mr. Mains claims you have had a foreclosure judgment for 3 years yet haven't exercised it out of fear that you would increase your damage claims to Mr. Mains because you are aware fraud & forgery was used to procure the judgment....why haven't you foreclosed?" Goldberg fumbled, "I don't know, you would have to ask Citibank" Posner cuts in, "What, who are you representing?" "Black Knight" Posner , "Who?" "Black Knight"…..LPS/Black Knight of course being under a CONSENT JUDGMENT in Indiana for their STIPULATED TO fraud & forgery activity…..and Citibank/Chase haven’t made a move yet, and I’m still in my house 8 years later…Gee, wonder why?
I can’t wait for the ruling, because frankly I win either way-They rule against me we get unsupportable case precedent in Indiana & I may get to go to SCOTUS….They rule for me I get to keep bleeding crooks and their accomplices, most of whom should be disbarred (BTW, say “Hi!” to attorneys from Nelson & Frankenberger for me if you have a chance).
Sincerely,
Eric Mains
Borrower’s Claims For Violations of RESPA, TILA, FDCPA, RICO And FPRAM, Together With Claims for Various Torts, Dismissed
Following his unsuccessful defense of a state court foreclosure action, a borrower filed a multi-count complaint in federal court against six defendants. Mains v. Citibank, et. al., 2016 U.S. Dist. LEXIS 43874 (S.D. Ind. 2016) (.pdf) is a 34-page opinion by Judge Barker in which she methodically...
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