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http://www.chasechase.org/doxcc/CabaluComplaint.pdf
will amend this Complaint to allege their true names and capacities when ascertained. Plaintiffs are informed and believe and based thereon allege each of the fictitiously named defendants is responsible in some manner for the injuries to Plaintiffs alleged herein, and that such injuries as herein alleged were proximately caused by such defendants.
https://www.avvo.com/legal-guides/ugc/post-foreclosure---setting-aside-the-trustees-sale
Jun 16, 2012 · Post Foreclosure - Setting Aside the Trustee's Sale. Edit. Credit Real estate buy and sell agreements Property title Foreclosure Real estate. Show 2 more Show 2 less . ... and it is nearly impossible to set aside the sale as to a bona fide purchaser. In a voidable sale, ...
http://kinseylaw.com/attyserv/civil/complaints/fraudtransfer.html
COMPLAINT TO SET ASIDE FRAUDULENT TRANSFER: ... as trustee for defendant _____ [name of transferor], and subject to the judgment lien of plaintiff. ... be set aside and voided to the extent necessary to satisfy plaintiff's claim in the amount of $_____ plus interest at the legal rate; 2. For an order enjoining defendant _____ [name of ...
https://law.justia.com/cases/california/court-of-appeal/2017/d071079.html
Saluto again recorded a number of documents. Deutsche Bank sought to gain possession of the Property through an unlawful detainer action, but Saluto filed for bankruptcy protection. Saluto sued Deutsche Bank (and other parties) to cancel, set aside and vacate the trustee's deed and cancel the DOT; Saluto did not allege a quiet title claim.
http://www.gerryarmstrong.org/50grand/legal/a4/verified-complaint-1993-07-23.html
read the foregoing Verified Complaint to Set Aside Fraudulent. Transsfers and for Damages; Conspiracy and know the contents. thereof, which are true of my own knowledge except as to those. matters which are stated on information and belief, and as to. those matters, I believe it to be true. I declare under the penalty of perjury pursuant to the ...
https://albrightstoddard.com/sample-complaint-quiet-title-foreclosure-sale-nevada/
Mar 23, 2013 · (Injunctive Relief/Order to Set Aside Lien Foreclosure Sale) 28. Plaintiff repeats, realleges and incorporates each and every allegation set forth in every foregoing paragraph of this Complaint herein, and also into each and every Claim for Relief. 29.
https://dirtblawg.com/2011/01/setting-aside-a-foreclosure-sale-in-california-an-uphill-battle-for-borrowers.html
Jan 06, 2011 · SETTING ASIDE A FORECLOSURE SALE IN CALIFORNIA – An Uphill Battle for Borrowers. ... are bravely taking on big banks and captive trustee servicers that have likely screwed up the loan documentation and/or trustee’s sale in one form or another. ... We had a foreclosure sale set aside by convincing the lender that they had promised not to ...
https://caselaw.findlaw.com/ca-court-of-appeal/1010285.html
Sep 20, 2004 · Afterward, the buyer at the trustee's sale filed an action to evict Borrowers. Two weeks later, Borrowers sued to set aside the trustee's sale, claiming that the sale notice was never served, as required under Civil Code section 2924b, subdivision (b)(2). 1 Their suit was consolidated with the unlawful detainer action.
https://cases.justia.com/federal/district-courts/nevada/nvdce/2:2015cv01130/108489/23/0.pdf
sale. See NRS § 107.080(5)(b) . In this action the trustee’s sale was held on January 7, 2015. Therefore, any action to set aside the sale for failure to comply with NRS § 107.080 was required to be filed no later than February 21, 2015. Plaintiff did not file his complaint until May 15, 2015.
https://courts.ms.gov/Images/Opinions/CO101635.pdf
was sold to Green Tree. On September 24, 2012, the trustee’s deed conveying the property to Green Tree was recorded in Sunflower County. ¶4. On March 1, 2013, Hall and Thomas filed a complaint requesting that the foreclosure sale be set aside and seeking damages and injunctive relief. In their complaint, they alleged
https://www.scribd.com/document/29773573/Complaint-to-Set-Aside-Sale
COMPLAINT TO SET ASIDE TRUSTEE'S SALE 2. Plaintiff, DONNA COX, is an individual resi-dlng in the County of Sacramento, State of California. 3. Pl-aintiffs, RICKY & DONNA COX (*COXES" or 'PLAfNTIFFS"), are and were the lawful owners of the Property located at 713 Albemarl-e Avenue, Rio Linda, CA 95613.5/5(3)
https://cases.justia.com/pennsylvania/superior-court/2015-3365-eda-2014.pdf?ts=1451330568
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 ... denying his “Motion to Set-Aside Sheriff’s Foreclosure Sale.” After careful ... filing of a mortgage foreclosure complaint by Appellee, HSBC Bank, NA Trustee (HSBC Bank), on April 5, 2010. HSBC Bank obtained a default ...
http://www.tnwb.uscourts.gov/opinions/dsk/pdf/dsk19940324pn1.pdf
MEMORANDUM RE PLAINTIFFS' COMPLAINT TO SET ASIDE HOME FORECLOSURE SALE COMBINED WITH NOTICE OF THE ENTRY THEREOF _____ In this adversary proceeding the plaintiffs, Joseph F. Ferrell and Lisa C. Ferrell, the above-named chapter 13 debtors ("Debtors"), seek to set aside a foreclosure of their home. Pursuant to Fed. R. Bankr.
https://www.grossmanlaw.net/potential-remedies-after-a-trustee-breach-of-fiduciary-duty/
Set aside the actions of the trustee that you find objectionable. Reduce the trustee’s compensation. Trace and recover the trust property that was wrongfully distributed. Sue the trustee in a civil action. The best remedy for a matter depends on the particular breach that has occurred. In some cases, the remedy may be as simple as getting a ...
https://californiamortgageassociation.org/industry-news/article/court-finds-foreclosure-sale-to-bona-fide-purchaser-can-be-void-due-to-unconscionable-loan-2/
Nov 07, 2016 · (4) the trustee’s deed is void on its face (e.g., because the trustee lacked power to convey property). The Court concluded the complaint was sufficiently pled to void a sale to Big Sur, Inc., the BFP, since the loan itself was unconscionable. However, the Court also held that as a BFP, Big Sur was insulated from any sort of quiet title claim.
http://www.wvnb.uscourts.gov/sites/wvnb/files/opinions/10-146%20In%20re%20McClure%20Properties,%20Inc,.pdf
IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA IN RE: ... Count I seeks to set aside a trustee’s foreclosure sale, conducted by Mr. Holmes, on the grounds that the foreclosure sale price was so low as to shock the conscience. Count II of the complaint seeks to avoid the foreclosure sale as being
https://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/08/14-60039.pdf
filed a complaint against Eden Place to set aside the trustee’s sale (Complaint to Set Aside Sale), and Eden Place filed a cross-complaint for damages, trespass, and interference with prospective economic advantage (Cross-Complaint), and a motion to expunge Perl’s lis pendens. On June 11, 2013, the state court entered judgment in
https://bayarearealestatelawyers.com/foreclosure/technical-omissions-will-not-be-used-to-set-aside-non-judicial-foreclosure-sales
At the foreclosure sale, the Trustee sold the property to a third party purchaser. The homeowner brought an action for cancellation of the foreclosure deed and for wrongful foreclosure. The homeowners alleged that they had a right to set aside the sale, primarily because the deed-of …
https://law.justia.com/cases/california/court-of-appeal/3d/225/1104.html
In August of 1986, more than three years after the trustee's sale was held, the Hatches filed an amended complaint labelled "breach of fiduciary duty, to set aside trustee's sale and damages." The complaint alleged that the sale was improperly held because Frost and Bunting had "collusively agreed" to [225 Cal. App. 3d 1109] allow Bunting to ...
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