NY Applies Simple Rule on Statute of Limitations

It is obvious now, we’ll likely have to have several cases make it to the Supreme Court of the United States before we will have cooperation and judges following the rule of law. We are really going to miss Justice Scalia. The judiciary, at all levels, are too highly invested in Wall Street to rule for the homeowners – it jeopardizes their own pension funds and investments.

Maybe we need a crash in order to level the playing field and get back to a more ethical society because the next one will wipe out the rest of the pension and retirement funds… Unless we are too stupid to stop Congress from bailing out the banks – again. The only people another bailout will save are government employee (judges and legislators) pensions and retirement funds. Those of us not on cushy gov’t paychecks have already lost our savings and what we do have is not in the stock market or in the bank…if we are smart.

Livinglies's Weblog


“The issue really boils down to the question of whether we are going to apply simple direct rules that favor nobody in particular (blind justice — remember that?) or if the Courts are going to create monumental complexity and uncertainty under their past “Theory of Everything,” to wit: let the banks keep coming back until they win. This theory obviously ignores completely the doctrine of Finality and further construes due process in a way that will come back to bite the courts.”

see http://stopforeclosurefraud.com/2016/05/24/hsbc-v-clark-moore-ny-sc-as-this-action-is-time-barred-it-cannot-be-commenced-again-and-the-controversy-has-therefore-reached-an-ultimate-outcome/
So we have a very simple case with a very simple conclusion on the issue of statute of limitations. The premise is simple — what you do, in a legal sense, always matters if it is relevant. There is nothing more relevant than an alleged lender sending a notice of delinquency followed by a notice of acceleration informing the “borrower” that their debt is now due…

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