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About DCusr

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  1. Good discussion. I think there is some information here also. http://livinglies.wordpress.com/foreclosure-defense-forms/people-players-and-resources/sec-filings-on-securitized-debt-and-mortgages/
  2. Yeh, I am wondering the same thing. I keep finding locked threads. Certainly didn't see anything controversial either. People have a right to have different views on these topics. Seems a disservice for people researching and looking for options. People can decide whether they think a particular option is good or bad idea on their own.
  3. I am looking at filing BK on my own. Ch7 and not really complicated as bk's go, I don't believe. Though I certainly have questions I am researching. Can't see how I will be able to hire an attorney and this kind of svc may even be too expensive. Bottom line is the money to live is too important to spend on an atty. So what do people think about svc's like this? http://debtoraid.com/debtoraid/index.asp Are there experiences people have had w/ this or similiar svc's? This seems a bit different than a preparer. Looking at preparer option also and legal assistant. Certainly want the hand holding w/ so much paper work. Also seems like taking classes early is important cause they only give you so much time to take them around filing, but I believe 180 days is what the certificate's are good for. So theoretically you could get stuck not being able to take a class fast enough, I guess.
  4. Thanks RL heaps. Is lexisnexis.com where to do case law search to support MTC. NAF to JAMS request? I get the breach of contract, good to bring that up. thanks. That could leave opening for me to notify them w/ an option, right? Just not sure how to state that. Should that go into AD's? How about on MTC? The only thing I wonder there is it says NAF in agreement, but I suppose they didn't notify and offer a replacement/resolution, right? Any good refs for AD's related to ARB? I am concerned w/ NAF hole created and having to research VA case law to push them towards an option. Because I have a deadline and arb thing I didn't really get info to til later. Not sure what format to try to ask for JAMS or whatever. It was suggested including some case law for backup on MTC I think. Just need to keep this fairly straight forward so I can meet my deadline.
  5. Hi Thanks. I am on a serious deadline so need help! I think election of arb is out at this point w/ cased filed from FIA. I think a MTC Arb would work. This is based on what I read in VA code. Based on info in complaint I am leary of using an earlier agreement from BoA, like 03 w/ JAMS (anything pre 06). I feel they may use it to dispute MTC ARB. 06 BoA agreement is the only one I can find w / ARB. Since it states NAF or they MAY choose similiar and front fees if written req is sent, where would that leave me? Could I be looking at serious cost down road here? Could I just mention or request JAMS in MTC or would that also open to dispute? Refs or examples for MTC for ARB are also welcome.
  6. Thanks for the information. This section helped alot. Not sure how it didn't come up before. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC08001000021000000000000 Sounds like it is all about the agreement. They do talk about motion to compel, but really only if there is a real issue it sounds like. Seems pretty straightforward. Not 100% where election for arb comes in, they don't mention, that wording. That would leave whether they would pick JAMS or somebody else. So not sure whether a notice to elect arb is appropriate or I need a motion to compel. Not sure if I can use an earlier agreement that might mentions JAMS or whether I could just request JAMS, since the 06 leaves door open to them picking an indep, national org that is similiar. If it's somebody other than JAMS, not sure it will help much. Also not sure about AD's other than subject matter jurisdiction. Not sure how AD's work w/ Arbitration since I thought they apply to judicial defenses.
  7. Wondering about what I have now and notarization. I am wondering if notarization on some things is over kill. It can't hurt, but adds alot time/complexity and cost-wise. Does this add anything? Certificate of Service is one thing, but I just can't find anything on notarization. I have looked at my "local rules" and there aren't any. They have some basic guidelines. Other places to check? I looked at civil procedure code here and haven't really found much. So should items listed be notarized, is affidavit too much? Opinions, input. I assume original notarized docs go to court and copies elsewhere? 1. Answer w/ affidavit -to be notarized?-cert of service at end 2. Affirmative Defenses w/ affidavit- to be notarized? 3. Sworn GD - w/ CoS and notarized? 4. MTD - Notarized? 5. Order for Dismissal - No notary, I assume 6. Verification - Notarized?
  8. This is to answer a FIA complaint filed in VA. No agreement or contract has been filed. Just last statement, generic aff and basic complaint. I realize it prob depends on state, but I see information on "election of arb", which would seem a way to go w/ no specific agreement. Sending a notice to them requesting election, in other words. Don't think I can just try to recognize an arb clause at this point, could be wrong. Then I suppose they would agree or not and the court decides. If that is the case seems like the subject matter AD is most important and other AD's might imply court has jurisdiction. (Reviewing these in regards to Arb) All of that said, it seems that it would come down to "the agreement". If that agreement isn't so favorable it seems to be a big issue. This is to answer a FIA complaint filed in VA. It appears to be related to BoA and don't think prior to 06 agreement could be used if alleged acct was bought by BoA. Since complaint only refs 06 and FIA's involvement and there isn't anything else, I don't think, for prior yrs w/ the acct number they include. Don't see how prior yrs agreements would be probable to use. Regardless, what they state seems important. Looking at a BoA agreement from 06 it states many things about which I have questions. These are the ones that jump out at me in regard to arbitration. It's states Delaware law. Says NAF, or a Nationally recognized forum they can choose. - Not clear about initiation from what I see, but gives them options. Says a funding fee can be advanced. - Could see that being requested. Judgment upon any arb award maybe entered in any court having jurisdiction - Not sure if this changes things diff than a court case. Say you move later etc... (I maybe reading into this) This paraphrased statement is especially concerning. The arb litigation section applies to all claims now or in future and survives the terms of your acct, voluntary pmts of debt by you, any BK or sale of Debt. That sounds like no matter what you have no legal rights basically and unless you die no way you aren't paying this. Am I reading this wrong?
  9. Opinion8, Would be best if you do a forum search and Create your own thread. Posting questions in this thread like that will just lose things in this thread.
  10. Appreciate the input. I read some articles written by attorneys for va and looked like you can try to compel and then the defense can be no agreement, if so court has to rule on whether arbitration applies. So trying to compel arb may be a gamble anyway. The articles about the trend being toward mutual agreement on arb, has to be considered also. Don't know enough yet about arb and still need to look at any supporting docs. So a notice to dismiss would be dismissed w/o prejudice, if signed? Since you have to come up w/ something to show why you would request arb isn't that to your disadvantage if Plaintiff hasn't provided a contract or agreement thus far. Shouldn't the motion to compel arb only be an issue if there is some kind of agreement/contract as evidence then? Just seems like assuming arb can't be asked for later, if no contract is in evidence initially, sounds odd. From what I read the court gets to decide on whether arb applies anyway unless it's uncontested.
  11. Answering a summons for VA. At this point I am looking at filing a motion to dismiss based on what has been filed, but am considering leaving the door open to arb, which I believe, would require a motion to compel at this point. However, filing them at the same time doesn't seem to make sense to me so looking for advice on how to approach this.
  12. Thanks for the information. I am looking at this and BK, so wondering about timing. Doesn't sound like you would have much control over that w/ IRS. I certainly understand the reduction part, but for more and more people it seems no income w/ little to no assets is becoming a reality. Never mind an economy that is based on debt. None of that looks like it will change anytime in the near future based on global and individual circumstances. I suppose it could all implode from the weight, but nobody knows what that will look like if it does.
  13. Not sure why you think it is gibberish? It is a new model for banking. A combination that hasn't been done before. The goal is to get the first Bank open. Simply put.
  14. Need some clarification. I just found this on justia under VA. Does this mean the codes listed are no longer in effect? Meaning You don't have to prove consent or the other way around? It is listed as repealed so I am not sure how to read this. Thanks. ------------------------------------------- Title 11 - CONTRACTS. Chapter 6 - Credit Cards (11-30 thru 11-34) 11-31 - (Repealed effective October 1, 2010) Cardholder not liable in absence of request for, consent to issuance of or use of card. Virginia 2010 Code All US State Codes § 11-31. (Repealed effective October 1, 2010) Cardholder not liable in absence of request for, consent to issuance of or use of card. A cardholder, who receives a credit card from an issuer, which such cardholder has not requested nor consented in writing to the issuance of such credit card, nor used the credit card, shall not be liable for any amount owing because of a use of the credit card. The failure to destroy or return an unsolicited credit card shall not be evidence of such request or consent nor shall it constitute negligence on the part of the cardholder. Use by an authorized agent of the cardholder shall be the equivalent of use by the cardholder. The burden of proving the authority of an agent shall be upon the issuer. (1970, c. 324.) 2010 Virginia Code Title 11 - CONTRACTS. Chapter 6 - Credit Cards (11-30 thru 11-34) 11-33 - (Repealed effective October 1, 2010) Costs and attorney's fee in suit on card; evidence of request or consent. Virginia 2010 Code All US State Codes § 11-33. (Repealed effective October 1, 2010) Costs and attorney's fee in suit on card; evidence of request or consent. In any suit arising out of the use of a credit card, where the request, consent, or use as required by § 11-31 is denied and is not proved, and judgment shall be for the defendant, the court shall assess against the issuer all court costs and shall award the defendant a reasonable attorney's fee. For purposes of this section a certified copy of such request or consent shall be admissible as evidence that such request or consent was obtained. (1970, c. 324.)
  15. I am guessing they are trying to get you to present something to try to "snag" you and/or do the background work for them. For the first one, if they didn't present a contract how is in not illusory? Not sure about the debt validation, but how can you bring evidence of that which they have no evidence of? Can they prove they validated the debt? I have seen where people state in the answers they are "demanding strict proof thereof". Has there been a request for docs?