Despite all the painstakingly detailed counts of fraud, violations of bureau regulations, and blatant foreclosure abuse, Arizona Federal judge David Campbell dismissed the case. So I appealed on May 31, 2012.
In the meantime, the bank filed a motion with the court to have the Lis Pendens removed from the title search, so potential buyers and title insurance companies might not know of the dispute over title, unless they are foreclosure professionals - even then, they might not know to check because it would not be immediately apparent that there was a foreclosure!
I find it interesting that the bank have filed this motion and not Kimberly xxxx/xx, LLC (the seller and Defendant), don't you? Why do they care at this stage? Is this a further indication that they are working in cahoots with the xxxxs? Or does the bank want as many buyers between itself and the unlawful foreclosure in order to muddy the waters and thus their involvement? Either way, it pays off for them as another diversionary tactic to try and drain me of funds and energy to fight them.
Meanwhile, I reported Kimberly xxxx and Brad B to the Arizona real estate licensing and ethics boards along with AZ Attorney General, Tom Horne, with regards to their failure to disclose the dispute over title to unsuspecting potential buyers and conspiracy. My guess is that they will tow the same line as all the other government agencies and representatives and do nothing, and patronizingly thank me for letting them know. But you never know - and at least they will be on record.
