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Big Mistake to Opt for a Bench Trial; Demand a Jury Trial

May 2, 2014

A litigant is entitled to a jury trial on all issues of fact.  Always demand a jury trial from the first pleading.

Include a demand for a jury trial on all issues of fact as the final paragraph in your complaint. Follow up with a pleadins entitled, "demand for jury trial on all issues of fact"

Remember, nearly every juror will either have had a home stolen by a bankster, or will have a family member or close friend whose home was stolen by a bankster.

As you litigate, if you feel the judge is on your side you can always move for summary judgment agains the bank; then you could win on substantive issues and go to a jury only for DAMAGES. 

Most judges will be on the bankster's side. Below is what happens when you opt for a BENCH trial instead of a jury trial---especially in federal court where the banks own most of the judges.

Frappier v. Countrywide Home Loans, Inc.

Court: U.S. 1st Circuit Court of Appeals
Docket: 13-1774 Opinion Date: April 30, 2014
Judge: Stahl
Areas of Law: Contracts, Injury Law, Real Estate & Property Law
Plaintiff purchased property with a mortgage from Countrywide Home Loans, Inc. In October 2006, Plaintiff took out a loan from Countrywide to cure his breach of a divorce agreement. In December 2006, Plaintiff took out a home equity loan from Countrywide. Because Plaintiff was not able to make payments on his October 2006 loan, Countrywide foreclosed on his property. In May 2009, Plaintiff filed a complaint alleging claims of unjust enrichment, rescission/equitable relief, breach of the implied covenant of good faith and fair dealing, violations of Mass. Gen. Laws ch. 93A, and negligence. Countrywide removed the case to federal court. The district court resolved certain claims as a matter of law and, after a bench trial on the remaining claims, entered judgment in favor of Countrywide. The First Circuit Court of Appeals affirmed, holding that no grounds exited for reversing any of the district court’s decisions.

 

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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