As I’ve explained in previous articles on the subject of “Notice” (try my search engine or click on the “Notice” category), I’m about 95% convinced that every notice creates the recipient’s right of inquiry. For example, if the IRS sends you a notice, the proper response is not to go silent or to to [...]
Entries Tagged as ‘Real Party In Interest’
April 2, 2009
Ohio Foreclosure Stopped by “Real Party in Interest” Objection
Here’s an A.D. 2008 Ohio case that offers an almost spectacular degree of insight into Federal Rule of Civil Procedure 17(a), the concept of standing, and why many of the mortgages in this country can’t be legally foreclosed. As usual, my comments are [bold, bracketed blue]. “You can follow the links to a pristine copy [...]
April 2, 2009
FRCP 17(a), Ratification of Commencement & Real Party In Interest
This last week, an email briefly banged around the internet concerning “ratification of commencement,” “real party in interest” and Federal Rules of Civil Procedure (FRCPs) # 17. That email alleged that the “ratification of commencement” was “vitally important info,” “the missing link to our processes,” and caused the email’s author to be “stunned by the [...]
