Will Mortgage-Implode Be Harrassed Into Bankruptcy?
Aaron Krowne writes:
Not too surprising given the mixed record of courts on anti-SLAPP, but particularly frustrating given that everything was included in our filings to address the court’s “rationale” for denying the motion:
In Bizarre Ruling, Maryland Court Denies ML-Implode.com Anti-SLAPP Motion Against Downpayment Launderer
I am left to conclude that the courts don’t really read these proceedings with anything resembling the completeness necessary to make a fair decision, and that the result would probably have been very different with a couple high-profile amici (as on our New Hampshire anti-SLAPP suit).Anyway, we will likely have to file bankruptcy as a result (both financially and tactically), as we continue to be sued by these folks who have no legal business, for criticizing their outlawed business.
That would be very sad news indeed.
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July 13th, 2010 at 8:44 pm
Could I ask for a translation into English?
July 13th, 2010 at 8:55 pm
BR-
it appears to be a scam to get around the prohibition of charity assistance for down payments (trust me- these were scams themselves- a fee was involved and rolled into the loan to pay supposed charities such as AmeriDream)-
governmental agencies are allowed to provide down payment assistance for FHA loans- usually funded by the agency selling bonds-
it all comes down to where the $$$ for the down payment assistance ultimately came from on whether this was legitimate or not
maybe this hasn’t been proven
also – disregard following- just testing to see if strike throughs are accepted –
testJuly 13th, 2010 at 9:00 pm
Even though everyone bitches about the Executive and Legislative branches of state and federal governments, the real crooks reside in the Judiciary. The court system is an industry unto itself, with a language of its own and an adherence to tradition and ritual usually reserved for organized religions, as well as being a source of unlimited income for it’s members (at least, for those members who pay their dues and otherwise do not buck the system). It has even spawned mini industries around it.
The Judiciary is crony capitalism and regulatory capture of the highest degree.
There’s a reason we have cameras on every goddamned light post and, other than in CA, none whatsoever (that I know of) in the courtroom.
The Judiciary ain’t about justice or being fair. It’s not about reason or rationale. It’s not even necessarily about the law. It’s about unchecked power.
July 13th, 2010 at 9:03 pm
Is it any surprise that more and more people deeply resent corporations and some wealthy assholes?
In this environment where the always wealth-sensitive Courts are overly deferential to corporations and government over individuals, all they need is deep pockets to shut up inconvenient truth.
If you don’t want bad ass socialism, don’t fight the people at every turn just because…
July 13th, 2010 at 9:10 pm
@wheatstraw: Correct. Agree. Don’t forget about the money they strip from “criminals” either.
It’s created quite a lucrative cottage industry.
July 13th, 2010 at 9:31 pm
philipat-
see my 8:55 post for clarification-
also- any Tigers in Singapore lately? I have noticed that flights from the States to anywhere in Asia have gotten quite pricey
way higher than the one way ticket I picked up to Hong Kong for $250 a few years ago- although Singapore is just a hop skip and a jump for you-
must be nice(-:!!!
July 13th, 2010 at 9:36 pm
philipat- in English which is hard for a lawyer like me- a SLAPP suit is a Strategic Lawsuit Against Public Participation. They were originally used by developers to overwhelm local opp0nents who said something opposing a particular development. It’s hard to express yourself when you have little money and have to hire a lawyer. Now they are often used against bloggers. Anti-SLAPP motions are usually based on a state statute like California Code of Civil Procedure sec. 425.16, where a judge has to decide if a suit has a probability of winning. I agree with Barry, this is sad news. Aaron Krowne was one of the first bloggers, along with Calculated Risk, to see the real estate bubble form and start to implode. If you followed his blog, you were not taken by surprise when the bubble burst.
July 13th, 2010 at 9:40 pm
Thanks Capt Ahab, although I still confess ignorance as to what is a “SLAPP” (My mother taught me never to be afraid to confess ignornace as a route to learning). Perhaps it’s a cute US term?
(The Tigers are COLD! Washed down some Chilli crabs with a few last week. Airfares are indeed sky high again but WITHIN Asia have never been cheap due to a lack of true free markets out here. Also, and I know you understand this but there are many who don’t, distances within Asia are large. Tokyo-Singapore is a 7 hour flight, for instance, so that coast to coast and back. Check EK and QR via ME)
July 13th, 2010 at 9:53 pm
SLAPP – Strategic Lawsuit Against Public Participation. Basically, it’s a lawsuit with no merit, designed purely to cost (a relatively poor) plantiff more in legal fees than he can afford and thus to shut down criticism. Have become more and more common since the advent of the internet.
Most states have anti-SLAPP laws in place that are designed to allow people who are sued in this way to easily get such lawsuits dismissed when they have no merit. Seems like the judge in this case botched the decision big time.
In this case a company whose business was clearly illegal, in fact, which had already shut down the specific business, was still able to sue claiming that somehow they are owed damages by ML-implode for pointing out the illegal activity.
July 13th, 2010 at 10:13 pm
Crime families take note. Judge Chasanow is your best choice.
July 13th, 2010 at 10:23 pm
See, ya gotta read the opinions — and ALWAYS read the footnotes:
The court notes that Defendants waited over a year after this lawsuit was filed to bring this anti-SLAPP dismissal motion. Other courts have indicated that anti-SLAPP motions should be filed promptly and not in the middle of litigation. [emphasis mine]
That’s what happened.
July 13th, 2010 at 10:28 pm
philipat-
dude- thought you lived in Bali? (not too far from the Straits of Malacca)-
you in Tokyo now?
July 13th, 2010 at 10:36 pm
@Ahab,
No, I’m still lost in Bali, the Tokyo example was just to illustrate that distances in Asia are much larger than they look on a Map. Case in point, DPS (Bali) to SIN is already a 2.5 hour flight, so, the equivalent of LAX-ORD or thereabouts.
@LAS
Thanks, now I get it. There’s a large concentration of lawyers around these parts, including BR of course. Are you guys conspiring ? Interesting concept of an entirely useless suit entirely for the purpose of obstructing the democratic process and, in the meantime, purely by chance, to accrue fees? ;-b
July 13th, 2010 at 10:48 pm
Talking of Tokyo, the market is up almost 3% this morning. But I digress.
July 13th, 2010 at 11:50 pm
along this Vein: “…the real crooks reside in the Judiciary.”
Despite Red Flags, Judges Ran Kickback Scheme for Years – NYTimes.com
Mar 27, 2009 … Despite Red Flags About Judges, a Kickback Scheme Flourished … Things were different in the Luzerne County juvenile courtroom, …
http://www.nytimes.com/2009/03/28/us/ 28judges.html
Law.com – Judges to Serve More Than Seven Years in Prison After …
Jan 28, 2009 … The group had claimed that hundreds of Luzerne County juveniles had …. “I think it’s hard to fathom how a juvenile court judge could use …
http://www.law.com/jsp/article.jsp?id=1202427800493
Pa. Judges Admit Taking $2.6M in Kickbacks from Detention Center …
Feb 13, 2009 … Prosecutors said the kickback scheme began in December 2002, when the judges shut down the county juvenile detention center on the ground it …
http://www.abajournal.com/news/article/pa._judges_admit_taking_2.6m_in_kickbacks_from_detention_center_owner/
if these were the only ones…