New post How To Tell The Judge “NO” and MAYBE Not Have Him /Her Get Pissed Off

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Thursday, June 21, 2012 9:11 PM
To: Charles Cox
Subject: [New post] How To Tell The Judge “NO” and MAYBE Not Have Him/Her Get Pissed Off

New post on Livinglies’s Weblog

blavatar-default.png

This article was prompted by a very reasoned argument presented by CA Attorney Dan Hanacek:

Even In the Event the Court Finds the "Assignment" Valid, the Assigning of the Note to a Co-Obligor Makes it Functus Officio

"It has long been established in California that the assignment of a joint and several debt to one of the co-obligors extinguishes that debt." (Gordon v. Wansey (1862) 21 Cal. 77, 79.) "The assignment amounts to payment and consequently the evidence of that debt, i.e., the note or judgment, becomes functus officio (of no further effect)"-and precludes any further action on the note itself. Any action would not be on the note itself, but rather one for contribution. (Id.; Quality Wash Group V, Ltd. V. Hallak (1996) 50 Cal.App.4th 1687, 1700; Civ. Code §1432.) In the instant case, even if the alleged assignment is seen to be valid, then a co-obligor was assigned the note and the debt has been extinguished.

Note: the trustee of the securitized trust is a co-obligor.

Note: Fannie Mae, Freddie Mac and Ginnie Mae are co-obligors.

Note: the servicer is almost always a co-obligor.

Questions for Neil:

Have they extinguished this debt by endorsing it and/or assigning it to the transaction parties?

Does this only apply in CA? I cannot believe that this would be the case.

Unknown's avatar

Author: timothymccandless

The Impact—and Your Opportunity As Our Client left the hearing room, he knew this victory was bigger than just The Crossings. Other property owners facing similar issues could now challenge their assessments with greater confidence. The case set a precedent, demonstrating that robust, market-informed evidence could lead to fair property valuations. It had been a battle, but he had proved that the system could be challenged—and that fairness in taxation was worth fighting for. Could You Be Overpaying on Property Taxes? If you own Large apartment complexes or commercial property, you may be paying far more in property taxes than you should. Just like Our Client, you have the right to challenge an unfair assessment and secure the tax savings you deserve. At Lower Property Tax CA, we specialize in helping property owners like you reduce their tax burden. Our expert consultants and appraisal team will analyze your property’s financials, market conditions, and county assessment methodologies to build a strong case for a reduction.We recognize that every client's tax situation is unique. That's why we take the time to understand your specific needs and tailor our services accordingly. You can count on us to provide personalized attention to your tax matters.

2 thoughts on “New post How To Tell The Judge “NO” and MAYBE Not Have Him /Her Get Pissed Off”

  1. Isn’t there a law that says that judges won’t hear any case law before 1935, which is when Roosevelt declared a national state of emergency and the courts became under admiralty jurisdiction, hence the gold flag in all courtrooms?

    Asher

  2. I don’t know whether it’s just me or if perhaps everybody else experiencing issues with your blog.
    It looks like some of the text in your posts are running off the screen.
    Can someone else please comment and let me know if this is happening
    to them too? This may be a issue with my web browser because I’ve had this happen before. Kudos

Leave a reply to purchase fast youtube views Cancel reply