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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss DW and I WON!!!!!! in the CREDIT AND LEGAL ISSUES forums; Hey all...long time no post for me and I apologize!!
Anyway, without getting into detail. I dont know if you all remember, DW and I were suing a mortgage company ... 
07-25-2007, 11:59 PM
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#1 | | Elite Member
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| DW and I WON!!!!!!
Hey all...long time no post for me and I apologize!!
Anyway, without getting into detail. I dont know if you all remember, DW and I were suing a mortgage company for violations of the FCRA and state laws.
We filed MSJ and cross MSJ from may 15th up until June 29th and oral arguments were today. The Magistrate judge said granted our MPSJ on the 1681s-2b claims
They filed a MPSJ on our Breach of Contract claims, fraud claims, invasion of privacy/false light and our 1681b claims.
He denied their whole Motion, however AFTER denying it (for reasons I wont post on the public board) he chose not to exercise jurisdiction on the state claims and dismissed them without prejudice.
He left the 1681b claim for a jury as well as damages...
He said he would issue his report and recommendation to the regular judge within 10 days. 
Night all | 
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07-26-2007, 12:01 AM
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#2 | | Elite Member
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| CONGRATULATIONS JAY! | |
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07-26-2007, 12:09 AM
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#3 | | Elite Member
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| That's great news. | |
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07-26-2007, 12:34 AM
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#4 | | Elite Member
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| Nice work Jay!! | |
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07-26-2007, 01:24 AM
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#5 | | HONORED GUEST
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| Good job, Jay... 
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! | |
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07-26-2007, 01:36 AM
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#6 | | Administrator
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| Congratulations!! Good job.
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The answer is 42!! | |
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07-26-2007, 04:40 AM
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#7 | | Administrator
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| Well, it certainly took long enough....great news Jay!
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"Be surprised at what people won't do and not at what they do." | |
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07-26-2007, 10:34 AM
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#8 | | Senior Member
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|  Congrats Jay!
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09-03-07 Fico EQ 785 EX 792 TU 781 | |
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07-26-2007, 11:38 AM
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#9 | | Elite Member
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| Thanks guys it was a VERY long road.....and I could ont have done it without alot of the help from all over here!!! you guys have been great | |
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07-26-2007, 11:38 AM
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#10 | | HONORED GUEST
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| Is that the same case with the Order from yesterday requiring affidavits by the 6th authenticating all unauthenticated documents submitted in regard to the pending MSJ?
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I am not *your* attorney and you are not *my* client. Nothing in this post shall be construed as establishing an attorney-client relationship.
Would you rather us tell you what WILL happen or would you rather have rah-rah bull-droppings from someplace else? | |
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07-26-2007, 12:04 PM
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#11 | | The One and Only!
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| kudos Jay, you deserve a tall glass of wine!!!!  | |
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07-26-2007, 12:15 PM
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#12 | | Elite Member
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| WOO HOO! Great news Jay!
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Quoted from roybean at IC, "you don't need case law...it is written, so let it be done." | |
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07-26-2007, 12:16 PM
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#13 | | Elite Member
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| Quote:
Originally Posted by centex  Is that the same case with the Order from yesterday requiring affidavits by the 6th authenticating all unauthenticated documents submitted in regard to the pending MSJ? | Yes, defense has to submit a certificate of authenticity of the account documents they used to the February payment they said that was missed that we said was made. We need to submit the same for the copy of the check for the february payment provided by the bank in response to a subpoena.
Once those are received he is going to issue his RnR which is what I listed above. Hannah knows the whole story And once again I want to thank everyone, especially Hannah, Jlynn  (who put alot of those in her responses to me) Centex and Enigma!!!! | |
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07-26-2007, 12:17 PM
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#14 | | Elite Member
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| Quote:
Originally Posted by Qtip kudos Jay, you deserve a tall glass of wine!!!! | Some Riesling would be nice | |
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12-14-2007, 10:49 AM
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#15 | | Elite Member
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| Update!!
DW and I settled this in September much in our favor $ wise. One of the issues was that the Mortgage company delete the TL and never pull DW's credit again.
Well they pulled DW's credit on August 30, 2007. So I had atty send them a letter and an e-mail letting them know they pulled Dw credit and the TL was not gone. He did and they said they would take care of it.
Well I pulled DW credit 1.5 weeks ago and its still there and ANOTHER pull on 102807. WTF So he e-mailed and called again and gave them 48 hrs to submit a UDF and forward a copy to me.
Well guess what they didn't do it!!!! So back in court we are. 1681b claims and well as BOC.....
I thought this was all done and over with too.... | |
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12-14-2007, 02:29 PM
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#16 | | Administrator
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| Quote:
Originally Posted by JayinGR Thanks guys it was a VERY long road.....and I could ont have done it without alot of the help from all over here!!! you guys have been great | It certainly has been a long road....congrats and now off to jury trial, but I doubt it. They'll try to settle. Remember when I was referred to trial, they talked smack all the way up till we were suppose to pick a jury and then called and said "We give."
Great News Jay!!!!
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"Be surprised at what people won't do and not at what they do."
Last edited by roybean; 12-14-2007 at 02:35 PM..
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12-14-2007, 02:42 PM
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#17 | | Administrator
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| That's what usually happens. When I went for jury duty we sat most of the day while the two parties settled. They said most cases settle out at the last minute.
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The answer is 42!! | |
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12-14-2007, 08:26 PM
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#18 | | Administrator
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| Especially if they think they can turn you or make you believe a jury won't give you more than they are offering.
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"Be surprised at what people won't do and not at what they do." | |
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