tag:blogger.com,1999:blog-3669412675139526125.post4803678711398034333..comments2024-03-12T21:13:06.850-05:00Comments on Legal Schnauzer: Alabama lobbyist Liberty Duke, with "close ties" to Rob Riley, makes no defense to allegations she essentially stole about $9,000 of our excess foreclosure fundslegalschnauzerhttp://www.blogger.com/profile/09619089628125964154noreply@blogger.comBlogger30125tag:blogger.com,1999:blog-3669412675139526125.post-36974506253295317542016-12-21T12:44:30.798-06:002016-12-21T12:44:30.798-06:00YAWN.....
You are boring.
Get back to your red...YAWN.....<br /><br />You are boring. <br /><br />Get back to your red neck version of TMZ and who signed up to get a little stank on the side. Thats about the extent of your journalism bona fides anymore, reporting on dummies to looked at a web site.<br /><br />Stay out of legal arguments that time and time again you have been proven inadequate and incapable of understanding.<br /><br />Now go get your shine box...Davey Haynoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-42726379337315859122016-12-20T15:43:47.453-06:002016-12-20T15:43:47.453-06:002:12 --
I don't know how you pull the Bailey ...2:12 --<br /><br />I don't know how you pull the Bailey case out of your ass, but even the Huntsville lawyers who allowed this theft scheme don't raise Bailey as grounds for anything. Neither does Liberty Duke, the beneficiary of the theft.<br /><br />You seem to be playing your own peculiar brand of "inside baseball" that nobody else cares about, perhaps because you are so far out on the lunatic fringe.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-26659591856752536162016-12-20T15:41:02.528-06:002016-12-20T15:41:02.528-06:00@2:12 -- You really should quit while you are behi...@2:12 -- You really should quit while you are behind. The Davis case does not swing on whether there is a second or third mortgage. Here is the key finding:<br /><br />"When property is sold at a foreclosure sale, conducted under the power of sale contained in a mortgage, at an amount greater than the indebtedness secured by the mortgage, the mortgagee is liable to the mortgagor for the surplus. Atlas, supra, 251 So.2d at 237; Bartlett v. Jenkins, 213 Ala. 510, 511, 105 So. 654, 655 (1925). The result is unchanged by the fact that the purchaser at the sale is the mortgagee. Muscle Shoals Bank, supra, at 298. See, also, Pruett v. First National Bank of Anniston, 229 Ala. 441, 157 So. 846 (1934).<br /><br />"It is obvious in this case that Davis was entitled to the surplus proceeds from the foreclosure sale. The purchase amount exceeded the indebtedness secured by the second mortgage . . . "<br /><br />Assuming you can read plain English, Davis (mortgagor) was entitled to surplus proceeds on a second mortgage. In your previous comments, you lied. That, of course, is no surprise to me. legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-83647041755749418472016-12-20T14:20:14.089-06:002016-12-20T14:20:14.089-06:00You raise an excellent question, Shaheed. My guess...You raise an excellent question, Shaheed. My guess is that the money going to Duke was a matter of simple theft to make sure she stayed quiet about her relationship with Riley, and perhaps others. Riley didn't want his because he knew he wasn't entitled to it under the law, and he didn't want that spotlight to come back and bite him on the ass. But he was willing to let Duke think she was entitled to it, so it might help keep her quiet. And if it bit her on the ass, he didn't care. <br /><br />If Duke were smart, and she apparently isn't, she would come clean on her relationship with Riley because he's always going to string her along. When I first wrote about these two, I noted that she was paid a certain figure in hush money and then became unhappy when she realized she had sold her self short.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-77847999437495199762016-12-20T14:12:04.627-06:002016-12-20T14:12:04.627-06:00Davis dealt with the foreclosure of a second mortg...Davis dealt with the foreclosure of a second mortgage not a first mortgage like yours. There were no liens junior to the second mortgage. But you go ahead and take that one sentence from the case that is helpful, ignore all the other case law out there, and see where that gets you. This case will end like all the others and, of course, it will be the result of a vast right wing conspiracy to get you. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-57662501855494125652016-12-20T13:48:09.044-06:002016-12-20T13:48:09.044-06:00If there were a lien, checks would be cut to Riley...If there were a lien, checks would be cut to Riley and Duke, since they are the plaintiffs. As it stands by law,Riley could sue both Duke and the bank for his fair share.Thus the fly in the buttermilk and the paradox of this situation. Riley and Duke rode in on this horse together. Why attorney Riley doesn't want his money? Anonymoushttps://www.blogger.com/profile/12731650040132751654noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-89593241495091985012016-12-20T13:45:39.894-06:002016-12-20T13:45:39.894-06:0011:20 -- Do you have a rock for a noggin? Have you...11:20 -- Do you have a rock for a noggin? Have you read the law I cited at 11:53? No, of course not because it conflicts with your agenda. It doesn't matter whether a "lien is a lien" or whether "Bailey is still good law" for a couple of reasons: (1) Bailey doesn't say what you want it to say; and (2) Davis v. Huntsville Production Credit Associations wraps up the applicable law, thusly.<br /><br />"Pursuant to that rule, "[w]hen property is sold at a foreclosure sale, conducted under the power of sale contained in a mortgage, at an amount greater than the indebtedness secured by the mortgage, the mortgagee is liable to the mortgagor for the surplus." Davis v. Huntsville Production Credit Association, 481 So. 2d 1103, 1106 (Ala. 1985). The defendants concede that "Alabama law is replete with cases permitting the borrower to insist on receiving the `surplus' realized by the mortgagee at a foreclosure sale." (Doc. 18 at 11)."<br /><br />You are welcome to continue this discussion, but you are going to have to call me directly at (205) 381-5673.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-78840658892820368002016-12-20T11:20:29.388-06:002016-12-20T11:20:29.388-06:00A lien is a lien. Bailey is still good law and it ...A lien is a lien. Bailey is still good law and it applies to judgment liens. A foreclosing mortgagee has an obligation to pay the surplus to junior lien holders. You may dispute the validity of the judgment lien but it is on the record and Chase had no obligation to question its validity. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-53516164018537205452016-12-20T11:01:05.897-06:002016-12-20T11:01:05.897-06:00Sorry, but Bailey doesn't support your case. I...Sorry, but Bailey doesn't support your case. It comes closer to supporting mine, per the first sentence. No. 1, Bailey mostly is about a default judgment. No. 2, it is about a mechanics lien. No. 3, it is based on 1971 law that since has been updated.<br /><br />Meanwhile, I've cited 2015 case law that supports my position. Actually, it's not my position, it simply is the law. Even Liberty Duke makes no claim in her motion that she is lawfully entitled to the money. Not sure why you are trying (and failing) to make a case that even she doesn't try to make.<br /><br />The law is clear that Chase Mortgage had a trustee relationship with us (mortgagor) and a duty to ensure that any surplus went to us. I notice you haven't tried to get around that language because you can't do it. Nice try, though.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-74503937720207785552016-12-20T09:33:33.310-06:002016-12-20T09:33:33.310-06:00“After the foreclosure sale of the mortgaged prope...“After the foreclosure sale of the mortgaged property, if there are no other liens on the property, any surplus must be paid to the mortgagor. However, if there are inferior liens and there is a surplus, all encumbrances inferior to the mortgage on which the sale is based must be paid in the order of time in which they respectively became liens.” Bailey Mortgage Co. v. Gobble-Fite Lumber Co., 565 So.2d 138, 144 (Ala.1990)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-13407545420168364462016-12-20T09:18:37.286-06:002016-12-20T09:18:37.286-06:00Even if Liberty had a valid lien against your hous...Even if Liberty had a valid lien against your house, I thought you were entitled to $10,000 because of homestead exemption based on it being your primary residence. They probably claimed you lived in jail.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-7042917709173288262016-12-19T23:53:03.854-06:002016-12-19T23:53:03.854-06:0011:16 -- You still seem to have feces coming out o...11:16 -- You still seem to have feces coming out of your ears. Seems clear you are too lazy to look up the actual law, but this is from a 2015 ruling on the subject. Unlike you, I actually conduct research; you should try it sometime:<br /><br />"Second, Springer recognized the existing rule that, "when mortgaged property is sold at a foreclosure sale `[t]he mortgagee becomes a trustee for the mortgagor as to the surplus received.'" 562 So. 2d at 140 (quoting Bartlett v. Jenkins, 105 So. 654, 655 (Ala. 1925)). Pursuant to that rule, "[w]hen property is sold at a foreclosure sale, conducted under the power of sale contained in a mortgage, at an amount greater than the indebtedness secured by the mortgage, the mortgagee is liable to the mortgagor for the surplus." Davis v. Huntsville Production Credit Association, 481 So. 2d 1103, 1106 (Ala. 1985). The defendants concede that "Alabama law is replete with cases permitting the borrower to insist on receiving the `surplus' realized by the mortgagee at a foreclosure sale." (Doc. 18 at 11)."legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-12317107710650189242016-12-19T23:16:00.073-06:002016-12-19T23:16:00.073-06:00You are wrong. Liberty Duke had a valid lien agai...You are wrong. Liberty Duke had a valid lien against your property and it was paid off when the property was sold to clear the title. You are wrong wrong wrong.<br /><br />As you are soon to find out.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-15560575899396245162016-12-19T20:54:36.585-06:002016-12-19T20:54:36.585-06:00No, I haven't, but that's an interesting s...No, I haven't, but that's an interesting suggestion. I'm not familiar with that site; can you provide a link or URL? Thanks.<br /><br />As you know, a lawyer in the case has stated the funds were claimed -- by Liberty Duke. That's largely why I haven't searched under that general rock.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-80601947931418120062016-12-19T20:50:13.941-06:002016-12-19T20:50:13.941-06:00Have you gone on the Alabama website for money an...Have you gone on the Alabama website for money and property not claimed?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-26610780560841415632016-12-19T18:43:08.221-06:002016-12-19T18:43:08.221-06:00@6:42 -- He hasn't. And I would say there is z...@6:42 -- He hasn't. And I would say there is zero chance that he will.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-65313414900724401252016-12-19T18:42:04.517-06:002016-12-19T18:42:04.517-06:00Hey, Schnauzer, any chance that 11:43 called you t...Hey, Schnauzer, any chance that 11:43 called you to discuss?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-42088810892471433462016-12-19T18:41:05.793-06:002016-12-19T18:41:05.793-06:00Maybe Lib Duke is just a ho who is pissed that she...Maybe Lib Duke is just a ho who is pissed that she sold her self cheapAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-13910505081726298172016-12-19T15:00:12.376-06:002016-12-19T15:00:12.376-06:00@2:57 -- You might find this of interest. Christin...@2:57 -- You might find this of interest. Christina Crow, of Union Springs, was Duke's lawyer in bogus defamation claim against Carol and me. Certainly possible that Crow played a role in redirecting funds from us to her client. But once we filed lawsuit, Crow apparently dumped Duke at the altar and made it clear that she was no longer representing her. Wonder why that was.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-89703592607094397432016-12-19T14:57:40.589-06:002016-12-19T14:57:40.589-06:00This does smell of criminal activity, maybe federa...This does smell of criminal activity, maybe federal because Chase operates out of another state (NY). Might be wise to get orange jump suits ready.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-48167648614303396052016-12-19T14:48:51.605-06:002016-12-19T14:48:51.605-06:00Glad you mentioned Chase Mortgage, @2:46. Under th...Glad you mentioned Chase Mortgage, @2:46. Under the law they have a trustee relationship with us and a duty to make sure any excess funds go to us. They are in this up to their eyeballs:<br /><br /><br />http://legalschnauzer.blogspot.com/2016/09/chase-mortgage-and-stephens-millirons.htmllegalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-66585259304460680822016-12-19T14:46:33.329-06:002016-12-19T14:46:33.329-06:00Sounds to me like this is a multi-party transactio...Sounds to me like this is a multi-party transaction -- probably involving Duke, her lawyer, Rob Riley, foreclosure lawyer, maybe official from Chase Mortgage. <br /><br />Why was Uday Riley in such a giving mood? My guess is that it was another attempt to make sure Ms. Duke stays quiet about certain things. That might be why she made no defense to theft in her response. She's taking a "head in sand" approach to things. If this was to keep Duke quiet, it is sooooooo Rob Riley. Always doing things on the cheap -- unless it's for him -- and stealing someone else's money to do it.<br /><br />What a guy!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-24627851020196263482016-12-19T14:34:00.626-06:002016-12-19T14:34:00.626-06:00Wrong. There was no trial, no jury trial, and no f...Wrong. There was no trial, no jury trial, and no final order in the case, so neither had a final judgment. Their "award" was in the form of attorney fees, which can't not be assessed, under Alabama law, against a pro se party. Neither one was entitled to a dime, and I've explained that here at LS. Look it up.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-30699521468195669882016-12-19T14:31:59.423-06:002016-12-19T14:31:59.423-06:00Wonder why the money wound up with Liberty Duke an...Wonder why the money wound up with Liberty Duke and not with Rob Riley. They both had a judgment against you, right?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-14919546016591111182016-12-19T14:30:53.654-06:002016-12-19T14:30:53.654-06:0011:43 is a poorly disguised troll. I've follow...11:43 is a poorly disguised troll. I've followed your reporting on this, and I've done my own research, and it's clear that excess foreclosure funds belong to the homeowner. 11:43 is just an earth worm or he is on the dark side.Anonymousnoreply@blogger.com