OFFICIAL J-ACCUSE NATIONAL HEADQUARTERS BLOG

Posted 12:16 PM by Creditwrench

<>
There are 17 messages in this issue.<>
Topics in this digest:<>
1. Re: .................................. Forum and Calendar CHANGES on www.Richa
From: "Bill Bauer" Jaccuse@blogger.com>
2. Re: non-judicial foreclosure law... MISTAKES SELF CURED
From: "Bill Bauer" Jaccuse@blogger.com>
3. Re: the IRS
From: michelle gross
4. Re: husband intervention
From: "Bill Bauer" Jaccuse@blogger.com>
5. Re: Re: non-judicial foreclosure law... MISTAKES SELF CURED
From: "Carole"
6. re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "charliegirl2005"
7. 3rd party debt collector and the National Arbitration Forum
From: "jckhly"
8. RE: Re: .................................. Forum and Calendar CHANGES on www.Richa
From: "Scotsman"
9. RE: Re: non-judicial foreclosure law... MISTAKES SELF CURED
From: "Scotsman"
10. Some changes
From: "Bill Bauer" Jaccuse@blogger.com>
11. Re: 3rd party debt collector and the National Arbitration Forum
From: "Bill Bauer" Jaccuse@blogger.com>
12. Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "Bill Bauer" Jaccuse@blogger.com>
13. Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "Bill Bauer" Jaccuse@blogger.com>
14. RE: 3rd party debt collector and the National Arbitration Forum
From: "George"
15. Re: 3rd party debt collector and the National Arbitration Forum
From: "charliegirl2005"
16. Re: 3rd party debt collector and the National Arbitration Forum
From: "birdlinski1948"
17. RE: Re: 3rd party debt collector and the National Arbitration Forum
From: "George" <>
Message: 1
Date: Sun, 07 Aug 2005 18:59:01 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: .................................. Forum and Calendar CHANGES on www.Richa<>
I have read what you have had to say here and we have spoken
on the phone so I'm not going to go into what we discussed
but rather let you take care of that in your future message(s).<>
--- In Cornforth-Strategies@yahoogroups.com, "Scotsman"
wrote:
> Dear Bill

> Would you consider to assist me as moderator to Cornforth Strategies
eGroup?<>
Yes, I will be happy to work with you and become your moderator.<>

> Also, you mention "Another thing that needs to be understood is that
nothing posted in any Yahoo groups is likely to ever get any listings in any
search engine unless it it ported to the web somehow."
> Have I inadvertently injured Richard by opening the eGroup?
>
No, you have not inadvertently injured Richard by opening this
egroup. There are a few little things that can be done which
will make what you are doing work a lot better. We have discussed
those things and what can be done to improve the situation and
make your efforts even more effective than they already are. <>
As some of you may be well aware, there is another egroup set up
by another staunch supporter of Richard's and that group has
done a pretty fair job to say the least. <>
Carol started something which I later picked up on and turned
into a really great strategy for getting Richard and Jaccuse a
lot more publicity. That strategy is known as a BLOG and is owned
by GOOGLE. The reason that the blogs are so important is that
if you have a good blog and keep it active with fresh content
that content will most likely be found in the search engines
within 24 to 48 hours. Web sites such as Richard's or mine or
anybody else's will not get listed in the search engines for
at least 6 months, often times longer than that and often will
never get a listing in any search engine. Nobody will ever find
them unless they already know where to find them. <>
There are also a great number of search engines that only list
blogs and do not list regular web pages at all. Those engines only
publish what is known as an RSS feed. If you want to see what an
RSS feed looks like simply go to http://j-accuse.blogspot.com/atom.xml
and you will see what an RSS feed looks like. <>
The question then becomes "What are RSS feeds good for and what are
they used for?" There are multiple uses for RSS feeda and their
importance and popularity are growing by leaps and bounds every day.<>
RSS feeds were originally used to feed blog content to what is known
as "aggregators" and the purpose of aggregators is to cut down on the
enormous amount of time it takes to surf the net just to find content
you might be interested in. If you use an aggregator you can surf
hundreds of web pages in a very short time whereas with the browsers
you are all familiar with it takes a huge amount of time to get
anywhere and even after you get there you may wish you had never
bothered because the content isn't what you wanted at all. <>
Now, RSS feeds are growing rapidly in popularity because RSS feeds are
now being ported to MP3 players such as the Ipod and many others and
they are being ported to cellphones as well. So if you have the right
kind of cellphone such as the Motorola V300, the Motorola V600 and
several other models, some of the Siemens models, the Treo 600 and 650
and many, many other web enabled cell phones you can actually read the
blog through the RSS feeds and end up reading what is here in this
forum even if your computer goes belly up. <>
Blogs also have the capability to distribute both audio and video
feeds and although I haven't done any video to speak of yet I do a
lot of audio posts on my blogs. Our j-accuse meetings are recorded
and posted to the blog and you can go to the blog and listen to
Richard Cornforth and our meetings live. Our meetings are held on
the 1st and 3rd Thursdays of each month. <>
Blogs don't wait for Google and other search engines either. They use
what are known as API keys which are a form of "license" and are
actually issued by each search engine. You have to apply for an API
key and what that does is to automatically "force feed" each new
posting to the search engines rather than them having to spider the
blog. That is why good content gets posted into the search engines
so much faster than is possible with a web site that doesn't have
that capability. All the major corporations now have blogs. <>
There is an awful lot more material that really needs to be covered
but it all gets so highly technical that most of the eyeballs here
would simply glaze over and roll heavenward if I were to even
attempt to explain it all. Suffice it to say that what you are posting
here is highly beneficial to Richard Cornforth and his Jaccuse movement. <>
Carol (I don't know her last name) had a Richard Cornforth egroup
and still does. Due to the sudden popularity and activity of this
group she now threatens to shut her group down in favor of this one.
I am begging her not to do that as her group also serves a very
valuable function even though she apparently does not realize how
important her group has been and will continue to be. When she opened
her group she did Richard Cornforth one of the greatest favors
imaginable just as this group is doing and hopefully will continue
to do. Each of you now serve a valuable function. <>
>
> If I have, what can I do to correct that other then bringing the
subject back to his Forum?<>
As it is turning out, you have done a great service to Richard
Cornforth and Jaccuse. Let's just work to make it even greater over
time. As I have said earlier, there are a lot of things that I am
doing to get Richard a lot more publicity and the biggest problem
is getting fresh new content into the blog. I'm going to show you
another trick that I use to get more publicity yet. It is called
a "tag" and is used to get search engine emphasis on any keyword.
It is not something that you folks need to worry about or attempt
to implement as I will take care of all of that. So this is just
another illustration of some of the things I do to help get more
publicity. It is called a Technorati tag. Here is what it looks
like.
Richard Cornforth <>
It can only be used in blogs and not in egroups nor in web pages.
But it sure helps get the attention of search engines in a big hurry.<>
But there is also another very important part of Richard Cornforth
that we are ignoring and that needs to be addressed. <>
Richard is not only about his seminars and his teachings. Richard's
real main goal is Jaccuse and getting his version of Jail For Judges
passed into legislation in every state possible. Judicial Reform
is sorely needed and that is what Richard is really all about. <>
Richard's goal has always been to get people to start their own
Jaccuse group in their own home towns and work to promote Richard's
Jail for judges legislation. Richard has always said he don't care
which state gets the legislation passed first, just so some group
jumps in and gets the job done to get the ball rolling. <>
We need to learn his methods and start our own groups all over the
nation and start teaching Richard's methods to as many people as
possible in our own communities. Richard will gladly help you do
that is you just ask him for his help in starting your own Jaccuse
group in your own home town. <>
Who will step up to the plate and do that?<>
Message: 2
Date: Sun, 07 Aug 2005 20:03:37 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: non-judicial foreclosure law... MISTAKES SELF CURED<>
To the best of my knowledge Richard Cornforth doesn't have any
strategies for dealing with non-judicial foreclosures. I can
only give minimal help on this matter but i can say that Oklahoma
and most other states have that law. It is a very vicious law
and robs the homeowner of any and all legal remedies to stop a
foreclosure. You can argue about standing to sue and all the
rest of the patriot garbage you want but it will all be to no
avail. There are only two possible means that you can use to
defeatthe bank. One of those is to wait until the very last day
and then file a motion to your local court demanding a judicial
review. Most state non-judicial foreclosure states have a
provision in the statute to allow for that. Once that is done
the bank has to prove it's claim and that gives you at least
a crying chance. <>
Lenders in Oklahoma will not use the non-judicial format in their
mortgages because that is exactly what lots of people do when
threatened with a non-judicial foreclosure. They go get an attorney
and find out that they can file a demand for judicial review and
then the bank has to start all over and do it the right way.
Therefore all that non-judicial stuff does is to cost them an
awful lot of extra expense and delay their foreclosure by at
least 90 days. They have had that problem so many times in the
past that they simply won't use the non-judicial foreclosure
statute anymore. <>
The next strategy that will beat most foreclosures is to wait
until the sale has been conducted then attack the sale as having
been defective. That really puts a hitch in their git-along since
the buyer of the property eventually has to be repaid all the
money he paid for the property if the present owner prevails
in his motion to vacate the sale. In any event, it can delay
his possession of the property for months and even years if he
ever actually gets possession of the property he thought he had
purchased. Of course, once you file motion to vacate the sale
you will also want to file a lis pendence on the property to
tie the matter up in court even tighter. Richard Cornforth was
talking about filing lis pendence in our last meeting. <>
You can hear what Richard had to say about lis pendence by
going to http://j-accuse.blogspot.com and scrolling down to
the post for Thursday, August 07 and clicking on the link for
the audio post. You will need to click on the link to download
and install the Sony codec player first because the audio posts
are all in the Sony .dvf format. Once you have installed the
codec you will then be able to listen to the posts. <>
Why the special codec? Because the Sony digital recorder I use
compresses the 3 to 4 hours of audio recording into an extremely
small package of only a few megabytes. If I used a "normal" tape
recorder it would take several tapes and the file would be so
huge that you couldn't download it in a week even with a high
speed connection. The Sony recorder makes it so small that you
only need a few minutes to download even with a 56K connection.
I don't use a 56K dial up but I do use a Motorola V600 cellphone
connected to my laptop via BLUETOOTH rather than by a cable and
that gives me double the speed of a 56k dial up. <>
That is another great technology I use a lot. My laptop and cellphone
can connect to the internet anywhere I go because my pickup has an
external cellphone antenna and a linear amplifier so that gives me
a range of about 300 miles from any cellphone tower. I can go down
the freeway and never lose contact with the internet. The audio
post from the Sony can be downloaded and listened to in only a few
minutes even if the recording is 4 or 5 hours long. It is a free
codec player too just like winamp or Quicktime or any of the others.
And I can feed it to my stereo and listen to it on the stereo too.<>
But I digress. I would say that you need to try to force the
non-judicial foreclosure into a judicial review and then when that
fails to do you any good (which it will) then you wait until the
sale is over and attack the sale as being void for not having
followed all the mandates of a judicial sale. You find out how a
sale must be conducted by reading your rules of civil procedure. <>
The next thing you can expect is that the judge will rule against
your motion to vacate the sale and then you can demand a review of
that decision which will also go against you but then you can file
an appeal and hope to win that way. In the end you will also have
to file motion to vacate the void judgment and you can drag that
through the courts for a long while too. <>
You can end up dragging the thing through the courts until the cows
come home if you want to. I have done several such cases now and
I was inspired to learn how to do that by a guy who has been in
his home fighting them for more than 6 years now and not paying any
payments nor getting kicked out either. <>
You can expect an awful fight out of it if you go in for it but you
can drag it out for many years if you choose to do so. You just have
to learn to never say die. <>
What you can do in your state depends on how the law reads. If it
is set up as it is in most states you can make that guy who claims
to be so proud of what he did as a legislator wish he had never
created such a monster. <>

Message: 3
Date: Sun, 7 Aug 2005 13:06:30 -0700 (PDT)
From: michelle gross
Subject: Re: the IRS<>
Hi Randall,

Thanks for your response. We did not file anything. Apparently, a disgruntled former business partner contact the IRS and told them that we made a bunch of money in those two years that we did not report. Whatever came into our accounts was mostly inheritance money coming from Canada. They got records of all our accounts, even any corporation accounts, and created a Notice of Delinquency out of "thin air". They just lumped everything together in their Notce - corporate and personal. Where can we go from here?

Thanks,
Michelle<>
Randall White wrote:
The following is a starting place in dealing with the IRS. <>
Correct any erroneous W-2’s using the form 4852 and correct and rebut any erroneous 1099’s and file a 1040 return based upon the corrected documents, with the corrected documents attached to the 1040 return. This approach is a proper legal administrative remedy in compliance with Title 26 which does not involve any arguing and is readily accepted by the IRS. <>
If you do not get the desired results within the confines of administrative remedy, then it will be necessary to sue for deprivation of rights.<>
I'm looking for some input regarding a notice of delinquency from the
IRS. The notice is to my husband, a canadian citizen who has been a US
resident for 35 years or so.<>
It's for the years 2001 and 2002. They have gotten info from
Leadenhall Trust in the Bahamas, from Toronto Dominion and from two
Bank of America accouts in the US.<>
Two of the three Leadenhall accounts are in corporate names, one of
the Bank of America accounts is in a corporate name (incorporated in
the state of Delaware) and what business do they have including a
Canadian account in the mix.<>
Can anyone point me in the direction of getting info to respond to
this privately owned, none governmental agency?<>
Appreciate any input!<>
Message: 4
Date: Sun, 07 Aug 2005 20:21:42 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: husband intervention<>
One comment on this is that there are now only a very few community
property states. Maybe 3 to 5 at most. So in the majority of states
the husband cannot be held liable for the debts of the wife nor
vice-versa. In most states they cannot garnish a husband for debts
that the wife created. One thing that we haven't looked into very
much is the possiblility of the husband acting as "next friend" in
order to aid his wife. There has been some talk about that in other
forums such as Vinny Tecchio's conference calls. Vinny is another
close friend of Richard Cornforth's and Richard supports Vinny a
lot and so do I. I have met Vinny Tecchio when he attended a
Richard Cornforth seminar here in Oklahoma City. I also tape
Vinny's conference calls most of the time and put them on my
message board at http://consumers.creditwrench.com <>
Vinny specializes in mortgage related problems and is extremely
knowledgeable when it comes to that kind of thing. Some of what
Vinny talks about on his conference calls are so devastating that
I don't dare put them out in public and only make them available
to my students via my message board and only in the student lounge.
You have to be a student of mine in order to get into the student
lounge because it is password protected. <>
The reason I keep some things so well hidden is that my message board
is infested with debt collectors and debt collection attorneys trying
to find out the latest strategies. If I put out everything I teach
it would soon become absolutely worthless because every debt collector
in the country would know all about it and would immediately know
how to defeat the strategies. That is a major problem with most of the
popular message boards. They put everything they know out on public
display and the debt collectors, their attorneys and the credit
bureaus soon know all about it Not long before it don't work anymore.<>
You say that ultimately the community will have to pay the judgment.
Would you please explain your thinking there?<>
--- In Cornforth-Strategies@yahoogroups.com, "The Handyman"
wrote:
> When a wife applies for a credit card and defaults on payment I
believe the credit card attorney's are starting to sue only the wife
knowing 90% of them can't or won't go into court when the chips are
down. As we know the husband cannot represent the wife because of
their protective system rules. But the husband will be responsible to
pay the debt if reduced to judgment. That is responsibility without
representation. That responsibility must give the husband an interest
in the outcome of the case and a right to intervene as an
indispensable party. At least that is the way I see it. They are in a
community property state and ultimately the community will have to pay
the judgment so why can't the husband intervene? He is part of the
community? Surely this must be a problem elsewhere? Is there a solution?<>
Message: 5
Date: Sun, 7 Aug 2005 16:39:47 -0500
From: "Carole"
Subject: Re: Re: non-judicial foreclosure law... MISTAKES SELF CURED<>
Hi Bill,
Below is very interesting to me as I have no service on my
cellphone within my home and its in and out beyond 50 feet from my home.
Would you clarify the highlighted text? and tell me what I would need to
purchase to have better service. I have T-Mobile, but tried several
others and had the same problem. I live in a semi-rural area that is
booming right now with new housing but still not enough cell towers.
I have solved another problem that I had. I wanted to record
conference calls of differing lengths, one of which is over 4 hours. I
didn't like fooling with the tape recorder. I found an Olympus Digital
Recorder VN480PC for $59.95 that records up to 8 hours and a telephone
recording device from Radio Shack for 24.95 and then found a program
StepVoice for 14.95 that allows you to bring in any recording to your PC
and converts it to MP3 while it is transferring it. Good sound transfer
too. You need to make sure that you get the right audio cord for
transferring to the PC - I had trouble with the sound until I found the
right cord at Radio Shack for 3.95. Thanks, Carole<>
You said:

<>
That is another great technology I use a lot. My laptop and cellphone
can connect to the internet anywhere I go because my pickup has an
external cellphone antenna and a linear amplifier so that gives me
a range of about 70 miles from any cellphone tower. I can go down
the freeway and never lose contact with the internet. The audio
post from the Sony can be downloaded and listened to in only a few
minutes even if the recording is 4 or 5 hours long. It is a free
codec player too just like winamp or Quicktime or any of the others.
And I can feed it to my stereo and listen to it on the stereo too.<>
[This message contained attachments]<>
Message: 6
Date: Sun, 7 Aug 2005 16:45:11 -0500
From: "charliegirl2005"
Subject: re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...<>
Hi all,<>
INFO: the sale took place over a year ago, 4-14-04.
Under FOIA/PA I have all the paperwork that supports the pleading. <>
I have copied and pasted the statutory non-judicial foreclosure law (below) for anyone who cares to read it.<>
Our pleading is as follows (not a direct quote):<>
Since mine is a federally related mortgage, there must be an order from the Sec. of HUD to foreclose
or the foreclosing party must be appointed a foreclosure commissioner. (12USC Ch. 38a sec. 3753
3755(a)(1)<>
Secondarily, Servicer's have no equitable interest. Servicer fraudulently foreclosed.
Cambridge. Mort. V. Freddie Mac. <>
They are as a servicer, in violation of certain provisions of Act 554 of the Arkansas 2003 Legislature <>
which says in part: <>
THIS IS A DIRECT QUOTE:
"Midland fraudulently represented themselves to the court by and through their counsel, Wilson & Assoc.,
first that they had standing to foreclose as though they owned the mortgage note. Midland has violated
the "prohibited activities" clause of Act 554 of the 2003 Arkansas legislature, being bound to and by
it as a servicer (lic. # 10461) pursuant to the regulations of the Securities and Exchange Commission:<>
(7) In connection with the advertisement, solicitation, brokering, making servicing, purchase, or sale of
any mortgage loan, to engage in any transaction, practice, or course of business that is not in good
faith or fair dealing, that is misleading, or deceptive, or that constitutes a fraud upon any person."<>
My lawyer says they are going to claim I should have brought all this up BEFORE the sale.
(and ask, "Why didn't you hire a lawyer?")<>
The only answer I can think of might be:<>
"I believed that once the court discovered the truth about the fraudulent nature of the
non-judicial foreclosure action of the bank, I had confidence the court would do the right thing."<>
Frankly, I am very discouraged about the whole thing. I have researched and researched,
read until my eyes are falling out of their sockets; I admit I've had some very intelligent and well read
people giving me information to look at and encouraging me to read it for myself, but since this group
was my last good and best hope, I am at the point of throwing in the towel, since reading Mr. Bauer's answer:<>
"To the best of my knowledge Richard Cornforth doesn't have any
strategies for dealing with non-judicial foreclosures.
I can only give minimal help on this matter but i can say that Oklahoma
and most other states have that law. It is a very vicious law
and robs the homeowner of any and all legal remedies to stop a
foreclosure. You can argue about standing to sue and all the
rest of the patriot garbage you want but it will all be to no
avail. There are only two possible means that you can use to
defeat the bank. One of those is to wait until the very last day
and then file a motion to your local court demanding a judicial
review. Most state non-judicial foreclosure states have a
provision in the statute to allow for that. Once that is done
the bank has to prove it's claim and that gives you at least
a crying chance."<>
If I'd had some knowledgeable help in the beginning by someone who KNEW this non-judicial
foreclosure business, then I might have had a fighting chance. I guess there are just some things
that cannot be fixed.
Charlene<>
ARKANSAS' NON-JUDICIAL FORECLOSURE LAW<>
18-50-101. Definitions.<>
As used in this chapter:
(1) "Beneficiary" means the person named or otherwise designated in a deed of trust as the person for whose benefit a deed of trust is given or his successor in interest; <>
(2) "Deed of trust" means a deed conveying real property in trust to secure the performance of an obligation of the grantor or any other person named in the deed to a beneficiary and conferring upon the trustee a power of sale for breach of an obligation of the grantor contained in the deed of trust; <>
(3) "Grantor" means the person conveying an interest in real property by a mortgage or deed of trust as security for the performance of an obligation; <>
(4) "Mortgage" means the grant of an interest in real property to be held as security for the performance of an obligation by the mortgagor or other person; <>
(5) "Mortgage company" means any private, state, or federal entity which in the usual course of its business is either the mortgagee or beneficiary of a deed of trust or mortgage; <>
(6) "Mortgagee" means the person holding an interest in real property as security for the performance of an obligation or his or her attorney-in-fact appointed pursuant to this chapter; <>
(7) "Mortgagor" means the person granting an interest in real property as security for the performance of an obligation; <>
(8) "Sale" means the public auction conducted pursuant to § 18-50-107 and shall be deemed concluded when the highest bid is accepted by the person conducting the sale; <>
(9) "Trust property" means the property encumbered by a mortgage or deed of trust; and <>
(10) "Trustee" means any person or legal entity to whom legal title to real property is conveyed by deed of trust or his or her successor in interest. <>
History. Acts 1987, No. 53, § 1; 1989, No. 532, § 1; 1999, No. 983, § 1.<>

18-50-102. Qualifications of trustee - Appointment of successor trustee.<>
(a) A trustee of a deed of trust shall be any:
(1) Attorney who is an active licensed member of the Bar of the Supreme Court of the State of Arkansas or law firm among whose members includes such an attorney; <>
(2) Bank or savings and loan association authorized to do business under the laws of Arkansas or those of the United States; <>
(3) Corporation which is an affiliate of a bank or savings and loan association authorized to do business under the laws of Arkansas or those of the United States, which is either an Arkansas bank or a registered out-of-state bank, as the terms are defined under § 23-45-102, which maintains a branch in the State of Arkansas; or <>
(4) Agency or authority of the State of Arkansas where not otherwise prohibited by law. <>
(b)(1) The beneficiary may appoint a successor trustee at any time by filing a substitution of trustee for record with the recorder of the county in which the trust property is situated. <>
(2) The new trustee shall succeed to all the power, duties, authority, and title of the original trustee and any previous successor trustee. <>
(3) The beneficiary may, by express provision in the substitution of a trustee, ratify and confirm actions taken on its behalf by the new trustee prior to the recording of the substitution of the trustee. <>
(c) The substitution shall identify the deed of trust by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number. The substitution shall also state the name of the new trustee and shall be executed and duly acknowledged by all the beneficiaries or their successors in interest. <>
(d) A mortgagee may delegate his or her powers and duties under this chapter to an attorney-in-fact, whose acts shall be done in the name of and on behalf of the mortgagee. The qualifications for an attorney-in-fact shall be the same as those for a trustee. <>
(e) The appointment of an attorney-in-fact by a mortgagee shall be made by a duly executed, acknowledged, and recorded power of attorney, which shall identify the mortgage by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number. <>
(f) A substitution of trustee or power of attorney shall be recorded before any trustee's or mortgagee's deed executed by the substituted trustee or attorney-in-fact is recorded. <>
History. Acts 1987, No. 53, § 2; 1989, No. 532, § 2; 1999, No. 983, § 2; 2003, No. 1303, § 2.<>
18-50-103. Conditions to exercise of power.<>
A trustee or mortgagee may not sell the trust property unless:
(1) The deed of trust or mortgage is filed for record with the recorder of the county in which the trust property is situated; <>
(2) There is a default by the mortgagor, grantor, or other person owing an obligation, the performance of which obligation is secured by the mortgage or deed of trust or by their successors in interest with respect to any provision in the mortgage or deed of trust that authorizes sale in the event of default of the provision; <>
(3) The mortgagee, trustee, or beneficiary has filed for record with the recorder of the county in which the trust property is situated a duly acknowledged notice of default and intention to sell containing the information required by § 18-50-104; <>
(4) No action has been instituted to recover the debt or any part of it secured by the mortgage or deed of trust or, if such action has been instituted, the action has been dismissed; and <>
(5) A period of at least sixty (60) days has elapsed since the recording of the notice of default and intention to sell. <>
History. Acts 1987, No. 53, § 3; 1999, No. 983, § 3.<>
18-50-104. Contents of notice - Persons to receive notice.<>
(a) The mortgagee's or trustee's notice of default and intention to sell shall set forth:
(1) The names of the parties to the mortgage or deed of trust; <>
(2) A legal description of the trust property and, if applicable, the street address of the property; <>
(3) The book and page numbers where the mortgage or deed of trust is recorded or the recorder's document number; <>
(4) The default for which foreclosure is made; <>
(5) The mortgagee's or trustee's intention to sell the trust property to satisfy the obligation, including in conspicuous type a warning as follows: "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION"; and <>
(6) The time, date, and place of sale. <>
(b) The mortgagee's or trustee's notice of default and intention to sell shall be mailed within thirty (30) days of the recording of the notice by certified mail, postage prepaid and by first class mail, postage prepaid, to the address last known to the mortgagee or the trustee or beneficiary of the following persons: <>
(1) The mortgagor or grantor of the deed of trust; <>
(2) Any successor in interest to the mortgagor or grantor whose interest appears of record or whose interest the mortgagee or the trustee or beneficiary has actual notice; <>
(3) Any person having a lien or interest subsequent to the interest of the mortgagee or trustee when that lien or interest appears of record or when the mortgagee, the trustee, or the beneficiary has actual notice of the lien or interest; and <>
(4) Any person requesting notice, as provided in § 18-50-113. <>
(c) The disability, incapacity, or death of any person to whom notice must be given under this section shall not delay or impair in any way the mortgagee's or trustee's right to proceed with a sale, provided that the notice has been given in the manner required by this section to the guardian or conservator or to the administrator or executor, as the case may be. <>
History. Acts 1987, No. 53, § 4; 1999, No. 983, § 4.<>
18-50-105. Publication of notice.<>
The mortgagee or trustee shall publish the notice:
(1) In a newspaper of general circulation in the county in which the trust property is situated or in a newspaper of general statewide daily publication one (1) time a week for four (4) consecutive weeks prior to the date of sale. The final publication shall be no more than ten (10) days prior to the sale; <>
(2) By employing a third-party posting provider to post notice at the place at the county courthouse where foreclosure sales are customarily advertised and conducted; and <>
(3) By employing a third-party Internet foreclosure sale notice information service provider. <>
History. Acts 1987, No. 53, § 5; 1989, No. 532, § 3; 1999, No. 983, § 5; 2001, No. 1196, § 1.<>
18-50-106. Trustee's affidavit.<>
On or before the date the mortgagee or trustee conducts the sale, a duly acknowledged affidavit of mailing and publication of the notice of default and intention to sell shall be filed for record with the recorder of the county in which the trust property is situated. <>
History. Acts 1987, No. 53, § 6.<>
18-50-107. Manner of sale.<>
(a) The sale shall be held on the date and at the time and place designated in the notice of default and intention to sell, except that the sale shall:
(1) Be held between 9:00 a.m. and 4:00 p.m.; <>
(2) Be held either at the premises of the trust property or at the front door of the county courthouse of the county in which the trust property is situated; and <>
(3) Not be held on a Saturday, Sunday, or a legal holiday. <>
(b)(1)(A) Any person, including the mortgagee and the beneficiary, may bid at the sale. <>
(B) The trustee may bid for the beneficiary but not for himself or herself. <>
(2) The mortgagee or trustee shall engage a third party to conduct the sale and act at the sale as the auctioneer of the mortgagee or trustee. <>
(3) No bid shall be accepted that is less than two-thirds (2/3) of the entire indebtedness due at the date of sale. <>
(c)(1) The person conducting the sale may postpone the sale from time to time. <>
(2)(A) In every such case, notice of postponement shall be given by: <>
(i) Public proclamation thereof by that person; or <>
(ii) Written notice of postponement posted at the time and place last appointed for the sale. <>
(B)(i) No other notice of the postponement need be given unless the sale is postponed for longer than thirty (30) days beyond the date designated in the notice. <>
(ii) In that event, notice thereof shall be given pursuant to § 18-50-104. <>
(d)(1) Unless otherwise agreed to by the trustee or mortgagee, the purchaser shall pay at the time of sale the price bid. <>
(2) Interest shall accrue on any unpaid balance of the price bid at the rate specified in the note secured by the mortgage or deed of trust. <>
(3) Within ten (10) days after the sale, the mortgagee or trustee shall execute and deliver the trustee's deed or mortgagee's deed to the purchaser. <>
(4) The mortgagee or beneficiary shall receive a credit on its bid for: <>
(A) The amount representing the unpaid principal owed; <>
(B) Accrued interest as of the date of the sale; <>
(C) Advances for the payment of taxes, insurance, and maintenance of the trust property; and <>
(D) Costs of the sale, including reasonable trustee's and attorney's fees. <>
(e)(1) The purchaser at the sale shall be entitled to immediate possessionof the property. <>
(2)(A) Possession may be obtained by filing a complaint in the circuit court of the county in which the property lies and attaching a copy of the recorded trustee's or mortgagee's deed, whereupon the purchaser shall be entitled to an ex parte writ of assistance. <>
(B) Alternatively, the purchaser may bring an action for forcible entry and detainer pursuant to § 18-60-301 et seq. <>
(C) In either event, the provisions of § 18-50-116(d) shall apply. <>
History. Acts 1987, No. 53, § 7; 1999, No. 983, §§ 6, 7.<>
18-50-108. Effect of sale.<>
(a)(1) A sale made by a mortgagee or trustee shall foreclose and terminate all interest in the trust property of all persons to whom notice is given under § 18-50-104 and of any other person claiming by, through, or under the person. A failure to give notice to any person entitled to notice shall not affect the validity of the sale as to persons notified.
(2) A person entitled to notice, but not given notice, shall have the rights of a person not made a defendant in a judicial foreclosure. <>
(b) A sale shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale, notwithstanding that the deed to and possession of the trust property have yet to be delivered. <>
(c)(1) No notice shall be required to be given to any person claiming an interest subsequent to the filing of the notice of default and intention to sell as set forth in § 18-50-103(3). <>
(2) The filing of the notice of default and intention to sell shall have the same force and effect as the filing of a lis pendens in a judicial proceeding. <>
History. Acts 1987, No. 53, § 8; 1999, No. 983, § 8.<>
18-50-109. Disposition of proceeds of sale.<>
The trustee or mortgagee shall apply the proceeds of the sale as follows:
(1) To the expenses of the sale, including compensation of the trustee or mortgagee and a reasonable fee by the attorney; <>
(2) To the indebtedness owed; <>
(3) To all persons having recorded liens subsequent to the interest of the trustee or mortgagee as their interests may appear in the order of the priority; and <>
(4) The surplus, if any, to the grantor of the trust deed or to the successor in interest of the grantor entitled to the surplus. <>
History. Acts 1987, No. 53, § 9.<>
18-50-111. Form and effect of trustee's or mortgagee's deed.<>
(a)(1) The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intention to sell and the conduct of the sale.
(2) Upon the filing of the deed for record with the recorder of the county in which the trust property is situated, the recitals shall be prima facie evidence of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them. <>
(b) The trustee's or mortgagee's deed shall convey to the purchaser all right, title, and interest in the trust property the mortgagor or grantor had or had the power to convey at the time of the execution of the mortgage or deed of trust, together with all right, title, and interest in the mortgagor or grantor or their successors in interest acquired after the execution of the mortgage or deed of trust, and the conveyance shall be deemed effective and relate back to the time of the sale. <>
History. Acts 1987, No. 53, § 11; 1999, No. 983, § 10.<>
18-50-112. Deficiency judgment.<>
(a)(1) At any time within twelve (12) months after a sale under this chapter, a money judgment may be sought for the balance due upon the obligation for which a mortgage or deed of trust was given as security.
(2) In such action, the plaintiff shall set forth in his or her complaint, and shall have the burden of proving, the entire amount of indebtedness which was secured by the mortgage or deed of trust, the amount for which the trust property was sold, and the fair market value of the trust property at the date of sale, together with interest from the date of sale, costs, and attorney's fees. <>
(b) Judgment shall not exceed the lesser of the following: <>
(1) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the fair market value of the trust property; or <>
(2) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the amount for which the trust property was sold. <>
History. Acts 1987, No. 53, § 12.<>
18-50-113. Request for notice.<>
(a) At any time subsequent to the recordation of a mortgage or deed of trust and prior to a recording of a notice of default and intention to sell under the mortgage or deed, any person desiring a copy of any such notice may file for record with the recorder of the county where the trust property is situated a duly acknowledged request for a copy of any notice of default and intention to sell.
(b) The request shall contain the name and address of the person requesting a copy of the notice and shall identify the mortgage or deed of trust by stating the names of the parties thereto, the date of recordation of the mortgage or deed, the book and page number where the mortgage or deed is recorded, or the recorder's document number. <>
(c) The recorder shall index the request so that the name of the mortgagor or of the grantor in the deed of trust is indexed as the grantor and the name of the requesting party is indexed as the grantee. <>
(d) No request, statement, or notation placed on record pursuant to this section shall affect the title to the trust property or be deemed notice to any person that any person so recording the request has any right, title, or interest in or lien or charge upon that property. <>
History. Acts 1987, No. 53, § 13.<>
18-50-114. Reinstatement of mortgage or deed of trust.<>
(a)(1) Whenever all or a portion of the principal sum of any obligation secured by a mortgage or deed of trust, prior to the maturity date fixed in such obligation, has become due or has been declared due by reason of a breach or default in the performance of any obligation secured by the mortgage or deed of trust, including a default in the payment of interest or of any installment of principal, or by reason of a failure of the grantor to pay, in accordance with the terms of the mortgage or deed of trust, taxes, assessments, premiums for insurance, or advances made by the mortgagee or beneficiary in accordance with the terms of such obligation or of such mortgage or deed of trust, then the mortgagor or grantor or their successors in interest in the trust property may pay, at any time subsequent to the filing for record of a notice of default and intention to sell and prior to the sale, to the mortgagee or beneficiary or their successor in interest the entire amount then due under the terms of such mortgage or deed of trust, including costs and expenses actually incurred in enforcing the terms of the obligation and mortgage or deed of trust, and trustee's and attorney's fees other than that portion of the principal which would not then be due had no default occurred, and thereby cure the default theretofore existing.
(2) Thereupon, all proceedings under this chapter theretofore had or instituted shall be dismissed or discontinued, and the obligation and mortgage or deed of trust shall be reinstated and shall be and remain in force and effect, the same as if no acceleration had occurred. <>
(b) If the default is cured and the mortgage or deed of trust reinstated in the manner provided in this section, the mortgagee, beneficiary, or their successors in interest shall file for record with the recorder of the county in which the trust property is situated a duly acknowledged cancellation of the recorded notice of default and intention to sell under such mortgage or deed of trust. <>
History. Acts 1987, No. 53, § 14.<>
18-50-115. Implied powers in mortgages.<>
(a)(1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded.
(2) The exercise of the implied power of sale shall be pursuant to the provisions of this chapter. <>
(b) A mortgagor and his or her successor in interest shall have the rights and duties of a grantor, and a mortgagee and his or her successor in interest shall have the rights and duties of a trustee and a beneficiary. <>
(c) The mortgagee shall comply with §§ 18-50-103 - 18-50-107, 18-50-109, and 18-50-110 [repealed], and the mortgagee's deed shall comply with § 18-50-111. <>
History. Acts 1987, No. 53, § 15.<>
18-50-116. Miscellaneous provisions.<>
(a) The procedures set forth in this chapter for the foreclosure of a mortgage or deed of trust shall not impair or otherwise affect the right to bring a judicial action to foreclose a mortgage or deed of trust.
(b) A notice of default and intention to sell shall be filed within the time the foreclosure of the mortgage or deed of trust by judicial action could have been commenced. <>
(c) The procedures set forth in this chapter shall apply only if the mortgagee or beneficiary is a mortgage company as defined in § 18-50-101 or is a bank or savings and loan. This chapter shall not apply to a mortgage or a deed of trust encumbering trust property used primarily for agricultural purposes. <>
(d) Nothing in this chapter shall be construed to: <>
(1) Create an implied right of redemption in favor of any person; or <>
(2)(A) Impair the right of any person or entity to assert his or her legal and equitable rights in a court of competent jurisdiction. <>
(B) Provided, however, that any such claim or defense shall be asserted prior to the sale or be forever barred and terminated. <>
(e)(1) At any time prior to the delivery of the trustee's or mortgagee's deed, the trustee or mortgagee shall be authorized to set aside a sale conducted pursuant to this chapter by declaring the sale null and void and returning the purchase price to the highest bidder without any further liability to the bidder. <>
(2) In this event, the trustee or mortgagee shall file an affidavit declaring the sale null and void with the recorder of the county in which the trust property is located, and all terms and provisions of the mortgage or deed of trust shall be revived and reinstated as if no sale had occurred. <>
History. Acts 1987, No. 53, § 16; 1989, No. 532, § 4; 1999, No. 983, §§ 11, 12.<>
18-50-117. Foreign corporations and other entities.<>
No person, firm, company, association, fiduciary, or partnership, either domestic or foreign, shall avail themselves of the procedures under this chapter unless authorized to do business in this state. <>
History. Acts 2003, No. 1303, § 1.<>
[This message contained attachments]<>
Message: 7
Date: Sun, 07 Aug 2005 22:37:05 -0000
From: "jckhly"
Subject: 3rd party debt collector and the National Arbitration Forum<>
<>A 3rd party credit card debt collector sez it bought FNANB's account and
is going to enforce a mandatory arbitration agreement using NAF. It set up
a claim with NAF.
Can you suggest any arguments against this action specific to a 3rd party
company that purchases an account with an arbitration clause in it?
jack714@surfside.net

Message: 8
Date: Sun, 7 Aug 2005 19:28:38 -0400
From: "Scotsman"
Subject: RE: Re: .................................. Forum and Calendar CHANGES on www.Richa
I just got in and am going to google right now.<>
-----Original Message-----
From: Cornforth-Strategies@yahoogroups.com
[mailto:Cornforth-Strategies@yahoogroups.com] On Behalf Of Bill Bauer
Sent: Sunday, August 07, 2005 2:59 PM
To: Cornforth-Strategies@yahoogroups.com
Subject: [Cornforth-Strategies] Re: .................................. Forum
and Calendar CHANGES on www.Richa<>
I have read what you have had to say here and we have spoken
on the phone so I'm not going to go into what we discussed
but rather let you take care of that in your future message(s).<>
--- In Cornforth-Strategies@yahoogroups.com, "Scotsman"
wrote:
> Dear Bill

> Would you consider to assist me as moderator to Cornforth Strategies
eGroup?<>
Yes, I will be happy to work with you and become your moderator.<>

No, you have not inadvertently injured Richard by opening this
egroup. There are a few little things that can be done which
will make what you are doing work a lot better. We have discussed
those things and what can be done to improve the situation and
make your efforts even more effective than they already are. <>
As some of you may be well aware, there is another egroup set up
by another staunch supporter of Richard's and that group has
done a pretty fair job to say the least. <>
Carol started something which I later picked up on and turned
into a really great strategy for getting Richard and Jaccuse a
lot more publicity. That strategy is known as a BLOG and is owned
by GOOGLE. The reason that the blogs are so important is that
if you have a good blog and keep it active with fresh content
that content will most likely be found in the search engines
within 24 to 48 hours. Web sites such as Richard's or mine or
anybody else's will not get listed in the search engines for
at least 6 months, often times longer than that and often will
never get a listing in any search engine. Nobody will ever find
them unless they already know where to find them. <>
There are also a great number of search engines that only list
blogs and do not list regular web pages at all. Those engines only
publish what is known as an RSSS feed. If you want to see what an
RSS feed looks like simply go to http://j-accuse.blogspot.com/atom.xml
and you will see what an RSS feed looks like. <>
The question then becomes "What are RSS feeds good for and what are
they used for?" There are multiple uses for RSS feeds and their
importance and popularity are growing by leaps and bounds every day.<>
RSS feeds were originally used to feed blog content to what is known
as "aggregators" and the purpose of aggregators is to cut down on the
enormous amount of time it takes to surf the net just to find content
you might be interested in. If you use an aggregator you can surf
hundreds of web pages in a very short time whereas with the browsers
you are all familiar with it takes a huge amount of time to get
anywhere and even after you get there you may wish you had never
bothered because the content isn't what you wanted at all. <>
Now, RSS feeds are growing rapidly in popularity because RSS feeds are
now being ported to MP3 players such as the Ipod and many others and
they are being ported to cellphones as well. So if you have the right
kind of cellphone such as the Motorola V300, the Motorola V600 and
several other models, some of the Siemens models, the Treo 600 and 650
and many, many other web enabled cell phones you can actually read the
blog through the RSS feeds and end up reading what is here in this
forum even if your computer goes belly up. <>
Blogs also have the capability to distribute both audio and video
feeds and although I haven't done any video to speak of yet I do a
lot of audio posts on my blogs. Our j-accuse meetings are recorded
and posted to the blog and you can go to the blog and listen to
Richard Cornforth and our meetings live. Our meetings are held on
the 1st and 3rd Thursdays of each month. <>
Blogs don't wait for Google and other search engines either. They use
what are known as API keys which are a form of "license" and are
actually issued by each search engine. You have to apply for an API
key and what that does is to automatically "force feed" each new
posting to the search engines rather than them having to spider the
blog. That is why good content gets posted into the search engines
so much faster than is possible with a web site that doesn't have
that capability. All the major corporations now have blogs. <>
There is an awful lot more material that really needs to be covered
but it all gets so highly technical that most of the eyeballs here
would simply glaze over and roll heavenward if I were to even
attempt to explain it all. Suffice it to say that what you are posting
here is highly beneficial to Richard Cornforth and his Jaccuse movement. <>
Carol (I don't know her last name) had a Richard Cornforth egroup
and still does. Due to the sudden popularity and activity of this
group she now threatens to shut her group down in favor of this one.
I am begging her not to do that as her group also serves a very
valuable function even though she apparently does not realize how
important her group has been and will continue to be. When she opened
her group she did Richard Cornforth one of the greatest favors
imaginable just as this group is doing and hopefully will continue
to do. Each of you now serve a valuable function. <>

> If I have, what can I do to correct that other then bringing the
subject back to his Forum?<>
As it is turning out, you have done a great service to Richard
Cornforth and Jaccuse. Let's just work to make it even greater over
time. As I have said earlier, there are a lot of things that I am
doing to get Richard a lot more publicity and the biggest problem
is getting fresh new content into the blog. I'm going to show you
another trick that I use to get more publicity yet. It is called
a "tag" and is used to get search engine emphasis on any keyword.
It is not something that you folks need to worry about or attempt
to implement as I will take care of all of that. So this is just
another illustration of some of the things I do to help get more
publicity. It is called a Technorati tag. Here is what it looks
like.
Richard Cornforth <>
It can only be used in blogs and not in egroups nor in web pages.
But it sure helps get the attention of search engines in a big hurry.<>
But there is also another very important part of Richard Cornforth
that we are ignoring and that needs to be addressed. <>
Richard is not only about his seminars and his teachings. Richard's
real main goal is Jaccuse and getting his version of Jail For Judges
passed into legislation in every state possible. Judicial Reform
is sorely needed and that is what Richard is really all about. <>
Richard's goal has always been to get people to start their own
Jaccuse group in their own home towns and work to promote Richard's
Jail for judges legislation. Richard has always said he don't care
which state gets the legislation passed first, just so some group
jumps in and gets the job done to get the ball rolling. <>
We need to learn his methods and start our own groups all over the
nation and start teaching Richard's methods to as many people as
possible in our own communities. Richard will gladly help you do
that is you just ask him for his help in starting your own Jaccuse
group in your own home town. <>
Who will step up to the plate and do that?<>

Message: 9
Date: Sun, 7 Aug 2005 20:50:46 -0400
From: "Scotsman"
Subject: RE: Re: non-judicial foreclosure law... MISTAKES SELF CURED<>
CORNFORTH_SEMINARS-subscribe@yahoogroups.com<>
<>
<>
Hey everyone. If you haven't signed up for Cornforth Seminars, please do so
now. We have a little over 100 members on the Cornforth Strategies list and
only 30 or so on the Seminar list. YOU really need to be on both.<>
<>
<>
Regards,<>
ME<>

Message: 10
Date: Mon, 08 Aug 2005 04:51:41 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Some changes<>
I've had to revamp some of my thinking on how things should be done.<>
Based on the fact that I have a google egroup and a Vbulletin message
forum I can have my message forum send an email to my google egroup
each time somebody posts to the Vbulletin message forum and the Google
egroup will send a daily digest to my blog and it comes out nicely
formatted, there are no "greater than" marks on the left hand side of
the messages so I don't get
>>>>>>>>>> ad infinitium ad nauseum added to the blogs.
None of that as I do get from the yahoo groups. <>
Also the Yahoo groups messages are not formatted to a set width and
the messages from Yahoo groups messages make you scroll back and forth
a great distance in order to read the messages and that messes up the
blog very badly. <>
So based on my nice experiences with Vbulletin and Google I figured
that all we had to do was set up a google group and then invite the
yahoo group to post messages to the google group and everything would
come out just fine. Well, that might have worked except for the fact
that Google won't let me invite a yahoo group to post to Google and
Yahoo won't let me put in a Google group as a recognized email
address. Seems like they don't make good bedfellows. (LOL)<>
So what to do? Well, for one thing I changed how the blog gets it's
email from an html format to a non-html format. Maybe that will solve
the problem but I have my severe doubts. Seems like the only way to
get rid of the > > > > > >problem and the excessive width problem might be to change the email address to one of my gmail accounts and then do
a copy and paste job for each days posts from this forum. <>
But after having experimented with the situation it seems that nothing
is going to be gained by making any drastic changes in the forums such
as I originally suggested. <>
It is a problem of how the various software platforms either do or
don't interact with each other and that is something that will have to
be worked out by me one way or the other rather than by making any
changes in the way this group is set up or is operated. <>
I've got to get off here right now because it is almost midnight and I
have backups to several machines starting in 10 minutes and I have to
get ready for that.<>
Later.<>
Message: 11
Date: Mon, 08 Aug 2005 05:54:01 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: 3rd party debt collector and the National Arbitration Forum<>
Lots of possibilities to look at here. The very first one
when looking at any case is asking the question of when
was the last payment made to the original creditor. <>
That always translates into resolving how that date relates
to your state statute of limitations. So check into that first.<>
Then, regardless of how that comes out you need to know when
that card was issued. Was it prior to 1999 or not? If prior
to `1999 then you have one argument you can use because no
credit card agreement prior to that time ever carried any
arbitration agreement and Badie v. BOA and other cases
establish the fact that agreements may not be changed so
that might become another matter. <>
Again, regardless of the above you need to file a demand for
validation with the attorney and with NAF. Do not use the
John Gliha type validation letters found all over the internet.
You will know the Gliha type letters by the fact that they
ask a bunch of stupid questions which they do not have to
answer. Your validation letters should follow the old KISS
principle which is, of course, Keep It Simple Stupid. <>
The next thing you need to do is to send a letter to NAF and
the attorney rejecting arbitration. Among other reasons you
object is that arbitration violates 15 USC 1692i § 811 (A)(2)<>
Your rejection of arbitration letter should state that you will
give them 10 days from the receipt of your letter to respond with
a letter stating that NAF will not proceed with arbitration or in
the alternative on the 14th day following their receipt of the
letter you will file a motion for injunctive relief in your local
district court. And in fact, you probably should think about doing
just that if they don't respond telling you that they have refused
to accept the case for arbitration. How successful you might be at
doing that is anybody's guess. Some courts might grant the demanded
relief and some might not. <>
If they go ahead and grant the award despite your threats your next
step will have to be filing a motion to vacate the award. You will
have only 90 days to do that. And that might work and it might not.
No way to tell what the outcome of that will be either. <>
But at least you have done all you can to beat them out of their
evil trap. Those kinds of letters are getting results in many
cases. NAF really don't want to have to send someone to defend
against a motion for injunctive relief even if they win. Costs
them way too much and you would definitely state in your letter
that they will be the target of your lawsuit and will have to
appear in your local court to defend and show cause why your
motion should not be granted. You will also want to state that
once your demand for injunctive relief is granted they may not
proceed with arbitration since they would be in contempt of
court if they did so and then you would be forced to sue them
demanding that they be sanctioned by the court. If you have to
go so far as to demand sanctions I'd say you would demand that
the minimum sanction imposed by the court should be at least
$25,000. Of course, you would not get any of that money so that
money coming into the court's coffers might just induce them
to lay it on them good. (LOL)<>
Once again, there is no guarantee whatever that you would be
successful in filing those motions but you can always threaten
and hope for the best. <>
--- In Cornforth-Strategies@yahoogroups.com, "jckhly"
wrote:
A 3rd party credit card debt collector sez it bought FNANB's account and
is going to enforce a mandatory arbitration agreement using NAF. It
set up a claim with NAF.
Can you suggest any arguments against this action specific to a 3rd
party company that purchases an account with an arbitration clause in it?
jack714@s...<>
Message: 12
Date: Mon, 08 Aug 2005 06:02:51 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...<>
Please excuse my laughing here, but if you even dreamed that the court
would do the right thing you really blew it. No court will ever do the
right thing unless you force it to do so. To make matters worse, the
court is always going to rule in the favor of the poor abused creditor
unless the defendant can give the court an extremely good reason(s)
why it can't or shouldn't do that.
> The only answer I can think of might be:
>
> "I believed that once the court discovered the truth about the
fraudulent nature of the > non-judicial foreclosure action of the bank, I had confidence the court would do the right thing."<>
Message: 13
Date: Mon, 08 Aug 2005 06:14:40 -0000
From: "Bill Bauer" Jaccuse
Subject: Re: non judicial foreclosure law....
DOESN'T LOOK GOOD FOR ME...<>
I'm sorry to say that in the final analysis that just might be about
all you can do. Partly depends on just how much fighting you are willing
to do and how much cash you have to do it with. Sometimes we do have to
sit down and see what chances we have to win and decide when to throw
in the towel in order to cut our losses short. <>
And sometimes dire necessity demands that we fight on until we can
look for someplace else to live or whatever. I've had to do that in
years past when I was renting and strapped for cash or could not find
a place to rent. <>
So even knowing that there was no hope to beat the landlord I would
have to file an answer with the court and then just not bother to
show up. By the time the sheriff could get there to throw me out I
was long gone. Of course the landlord would get a judgment but then
his problem was one of what was he going to do with it? Wouldn't even
make good toilet paper. <>
Frankly, I am very discouraged about the whole thing. I have
researched and researched,
> read until my eyes are falling out of their sockets; I admit I've
had some very intelligent and well read
> people giving me information to look at and encouraging me to read
it for myself, but since this group was my last good and best hope, I am at the point of throwing in the
towel, since reading Mr. Bauer's answer:

-----Original Message-----
From: Cornforth-Strategies@yahoogroups.com
[mailto:Cornforth-Strategies@yahoogroups.com] On Behalf Of jckhly
Sent: Sunday, August 07, 2005 6:37 PM
To: Cornforth-Strategies@yahoogroups.com
Subject: [Cornforth-Strategies]
3rd party debt collector and the National Arbitration Forum<>
A 3rd party credit card debt collector sez it bought FNANB's account and
is going to enforce amandatory arbitration agreement using NAF. It set up
a claim with NAF.
Can you suggest any arguments against this action specific to a 3rd party
company that purchases an account with an arbitration clause in it?
jack714@surfside.net
<>