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Sue by B ofA/Suntrust


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I have a similar strategy going. In my case it is a BofA (SunTrust?) still not sure as creditor whose affiant (BofA) assigned a purported debt. I recognize the debt from OC and my name is on the statements from BofA (Suntrust). So, somehow during 2007-2008 BofA bought Suntrust. But their (MIDLAND Funding LLC a.k.a JDBs) flimsy chain of title doesnt document this.

Their exhibit C, photocopy of a volume purchase, could indeed refer to every adult person in the United States.

btw...did SeaDragon use this exact language in his no Standing to Sue defense?

That's a nice starting template, just dont know if the language is too facetious for actual court. It would be funny though.

Just for fun, I might file something similar this week and ask for summary judgment.

What do hus think?

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I have a similar strategy going. In my case it is a BofA (SunTrust?) still not sure as creditor whose affiant (BofA) assigned a purported debt. I recognize the debt from OC and my name is on the statements from BofA (Suntrust). So, somehow during 2007-2008 BofA bought Suntrust. But their (MIDLAND Funding LLC a.k.a JDBs) flimsy chain of title doesnt document this.

Their exhibit C, photocopy of a volume purchase, could indeed refer to every adult person in the United States.

btw...did SeaDragon use this exact language in his no Standing to Sue defense?

That's a nice starting template, just dont know if the language is too facetious for actual court. It would be funny though.

Just for fun, I might file something similar this week and ask for summary judgment.

What do hus think?

Those were just excerpts from a six-page brief I filed. The original SeaDragon brief attacked standing as motions in limine. Remember, a brief is essentially a filing of your oral arguments, so you can take some liberty to show just how ridiculous the JDBs are...

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Okay here's my version in a similar case:

Motion for summary judgment, lack of standing DRAFT

Here’s what I’m sending this week, probably. I’m tired of these clowns.

IN THE COUNTY COURT IN AND FOR

XXXXXXXXXX COUNTY, FLORIDA

CASE NO: XXXXXXXXXXXXXX

MIDLAND FUNDING LLC

Plaintiff,

JUNK DEBT BUYERS

Attorneys,

vs.

XXXXXXXXXXXXXXX MOTION FOR SUMMARY JUDGMENT

Defendant

_______________________________________________________________

Comes now, Defendant, XXXXXXXXXXXX, now moves the court in the above-captioned action for summary judgement as Plaintiff does not have legal standing to sue.

The Plaintiff has failed to disclose any documented validation of the alleged debt, or of a relationship between themselves and the alleged original creditor, Suntrust, specifically the authority of the Plaintiff to collect the debt on behalf of the original creditor, or the reassignment of the debt to the Plaintiff. (Fields v. Wilber Law Firm, P.C., et al., U.S. App. Ct. 7th Dist., 2004)

Plaintiff lacks standing to proceed in this matter.

Plaintiff has entered into Evidence, Exhibit C, a Affidavit of Assignment from Bank of America to Midland Funding LLC. The Assignment is purported to prove assignment of the alleged account listed in the claim from Suntrust to Midland Funding LLC. The Assignment is insufficient to establish standing in this matter for the following reasons any one of which is sufficient to prove lack of standing.

1. Affidavit of Assignment is not self-authenticating. The parties named in the affidavit of assignment are Bank of America and Midland Funding LLC. Plaintiff has provided no witness to authenticate the contract least of all Suntrust. The purported Assignment does not include the name of the defendant, the alleged account number or the amount alleged to be owed. If this document is sufficient to prevail in this action, then the Plaintiff would be able use this document to sue every adult person in the United States.

2. Suntrust is not party to the purported Bill of Assignment. Suntrust is located at XXXX Midland Funding is a located at XXXXXX. There is no evidence of chain of title from Suntrust to to Midland Funding. In order for Plaintiff to have standing to sue they would have to show complete chain of title from Suntrust to Bank of America to Midland Funding.

**Anyone have any case law that I can cite as far as chain of title?**

3. Bill of Sale of the alleged account is absent from this document. Nothing contained within the document would lead to the conclusion that this document assigned an account for the Defendant any more than it would prove the assignment of an account for Barack Obama. There is no evidence to support any relevance between the purported Assigment, the Plaintiff, The Defendant, or the alleged account.

The Defendant avers that if the Plaintiff's alleged seller had transferred and assigned the account from Suntrust to Bank of America and then to the Plaintiff, they would have provided support documentation to confer standing. They have failed to do so.

For any one of these reasons, Plaintiff has no standing to sue. Defendant wheretofore moves the court for summary judgment and to dismiss this case and award any remedies deemed appropriate.

Respectfully,

XXXXXXXXXXX XXXXXXXXXX, 2012

XXXXXXX

I can’t believe these clowns, USA

cc.

JDB attys

*Notes:

• Merely transmitting an account to a debtor does not establish an account stated. See Roehrdanz v. Schlink, 368 N.W.2d 409 (Minn. App. 1985).

• An account stated is an agreement between persons having business relations. See Lampert Lumber Co. v. Ram Const., 413 N.W.2d 878, 882 (Minn. App. 1987).

For an account stated to exist, there must be agreement between the parties that a certain balance is correct and due and an express or implicit promise to pay this balance." Carpenter Contractors of Am., Inc. v. Fastener Corp. of Am., Inc., 611 So.2d 564 (Fla. 4th DCA 1992).

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The "located at" part of my pleading was because Hilco and Equable Ascent, were in fact the same company. They merged after Hilco bought the paper from Chase. However, the plaintiff never introduced any evidence (or even stated in the suit) that they were formerly known as Hilco. How would the defendant or the court know that they were one in the same?

Your notes at the bottom are to attack account stated, but your pleading goes to standing. Your notes and case law need to support the pleading. If possible, use case law from your state. Only use case law from other states if you can can't find precedent in yours. Check the sticky thread on case law and see if you can find good Florida case law...

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Good lookin out, First Timer! Thanks a bunch! I noticed that, just sorta let it slide to see if anyone was payin attention. I'll be lookin for case law to cite about chain of title/legal standing to sue here in my state of Flori-DUH. Ha.

Wow, my situation is similar. My debt was sold down the river during a Suntrust/Bank of America merger. So my statements still say Suntrust, while their complaint says Bank of America. Most likely sold by wall street fat cats as sub prime securities in bulk. Where was my name and account and amount of my debt during that transaction? BofA? Suntrust? They already charged it off, got their insurance or tax write-off. If the want to lump my debt in with thousands of others, then they have to be accountable.

Where's their bill of sale? Just a photocopy of a photocopy of an affidavit from Bank of America that refers to no one in particular, in neither name nor account number! Wall Street and those heartless bankers? C'mon, WTF!

So at best this system might let me settle this debt for around 30%-40% if Im lucky enough to negotiate with collection agencies...but they are too litigious for that.

cs38

Edited by creditstudent38
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The motion in limine is the under card for trial.

My trial brief is kinda goobly, looking back on it, That is because I had to cobble mine together because there was no trial brief here and I only found a few for formatting and such. You can get the gist of how it goes but y'all are gonna have to word smith it up.

people have won with it but it is more a club than a rapier.

It was the best I could do with the resources I had. That is why I posted it here so people could see how one is written.

The issues are still in play on my appeal and my appellate briefs are a little better. So feel free to write your own brief, It will help to argue it if you know every word in it. My first case they dismissed. The second I got bad rulings. so as in all things your mileage will vary.

It is easier for all of us if we show others how to argue the points needed to win.

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You need to group the points in order of the way you want the court to rule.

Courts on a finding of lack of standing basically rule for defendant right there and then. Most states do not allows judges to make further findings on points if standing is lacking.

So Standing first,

then lack of foundation

then reliability

then hearsay.

In SJ you are basically trying the case, unfortunately in SJ the motion is viewed in the light most favorable to the non moving party. So the burden will be on you to provide authenticated and well founded evidence to prove your points. Then the burden shifts to them to prove they have triable issues.

Anything I can do to help, you have but to ask.

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The motion in limine is the under card for trial.

My trial brief is kinda goobly, looking back on it, That is because I had to cobble mine together because there was no trial brief here and I only found a few for formatting and such. You can get the gist of how it goes but y'all are gonna have to word smith it up.

people have won with it but it is more a club than a rapier.

It was the best I could do with the resources I had. That is why I posted it here so people could see how one is written.

The issues are still in play on my appeal and my appellate briefs are a little better. So feel free to write your own brief, It will help to argue it if you know every word in it. My first case they dismissed. The second I got bad rulings. so as in all things your mileage will vary.

It is easier for all of us if we show others how to argue the points needed to win.

Here is a brief writing quide from Montana State U

Sample Brief:

Sample Brief

Supreme Court How to Step by Step:

Brief Writing Guide

There might be some better training aids out there but this one is pretty useful

Best,

HP

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