The banker-men collectively decide to change foreclosure venue to Federal Court, presumably seeking a more favorable outcome for themselves.
Surprise, surprise, Federal Judge John J. McConnell does not roll over and play dead for the Black Hats.
Instead, Judge McConnell Orders all foreclosure cases to STOP. Homeowners AND bankers are ORDERED to bring in their papers. Homeowners are ordered to verify income AND bankers are ordered to provide PROOF they have Standing to foreclose and have LEGALLY conveyed the properties within the boundaries of well established State Statutes.
Here is a link to the ORDER and below I've taken the liberty of quoting the language in the Order the bankers fear most and from where the need for this appeal stems.
"Order the appearance of any persons necessary to settle any claims completely and/or order the appearance of any non-parties, including but not limited to municipal and other governmental officials and lien holders, that may be essential for a total resolution of the claims;"
On April 30, 2012, the banker consortium has filed the untimely appeal embedded below.
Perhaps they have been forced to reach the unavoidable conclusion that they HAVE NOT legally conveyed the properties and DO NOT have legal standing to either collect moneys allegedly owed or to foreclose....
RI Foreclosure Federal Stay Order_April 30 2012_United States District Court_Bankers Enjoin_File Appeal
Defendants, in what is seemingly an under-handed move, collectively wait until quite literally the last hour to file with the court CERTAIN DEFENDANTS’ OBJECTION TO AND REQUEST FOR CLARIFICATION OF T...
Judge McConnell was not amused at all. Below is the responsive Docket Text:
TEXT ORDER: Certain Defendants Objection To And Request For Clarification (ECF No. 253) is OVERRULED and DENIED. In as much as Certain Defendants request reconsideration of various parts of this Courts Order dated January 5, 2012 (ECF No. 156), that too is DENIED. The stay of the litigation imposed by this Courts Order dated August 16, 2011 (ECF No. 1) remains in place. These matters are held in temporary abeyance in all respects to allow the parties to engage in meaningful mediation. As to Certain Defendants objection and request for clarification regarding the division of fees and expenses, any request for relief can be made when the parties receive a Summary Statement. - So Ordered by Judge John J. McConnell, Jr. on 2/3/12. (Barletta, Barbara)
Despite this clarification, "certain defendants" still didn't quite get it and actually attempted evictions subject to the now clarified "Order".
This time the wild and crazy bunch attempts to defy an Order to Stay by a Federal Judge.