NOTE: there are some other reports coming out of AZ but this one is to me a biggy since it involves GMAC. Up until the last month almost NOTHING has happened for homeowners: Last month was the first win by attorney and first win by Pro SE to have JURY trial in a forcible detainer in years. Last month a PRO SE was awarded a TRO (temporary restraining order) which is RARE in fighting to prevent foreclosure. An Attorney last month also was awarded a TRO. Judge Halloway in Tuscon has done two great decisions for homeowners. The next few months should be telling, as we have just this week had the second PRO SE Jury Trail awarded in Surprise, AZ.
Arizona Fed Judge Sedwick Sustains Borrower’s Action for Fraud adv MERS, BAC, Millenium et al � Livinglies's Weblog: "Arizona Fed Judge Sedwick Sustains Borrower’s Action for Fraud adv MERS, BAC, Millenium et�al
Posted on October 28, 2010 by Neil Garfield
AZ Ct Sustains Action for Fraud SCAN1516_000
We thought we’d be required to wait longer for a decision like this in Arizona. The decision is not particularly novel. The Borrower sued for misrepresentation and the “lender” defended on all the usual grounds that usually either freezes the case or ends up bouncing the Borrower out of court. Judge Sedwick felt the lawsuit filed by the borrower was sufficient to state a cause of action and will let the case go forward. That means discovery. And Discovery is what pretender lenders don’t want. The surprise is that this was in Arizona."