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Fairwav's Follv
This lender-fiasco is the poster child of predatory loans. It is the
poster child of lender bad faith. The predatory crown jewel for Fairway
Commercial Mortgage Corporation (Fairway) lies in its illegal
nonjudicial foreclosure by Fairway's subsidiary, FHLF, LLC, on
September 25, 2009.
Illeqal Foreclosure
Thus, FHLF, LLC's foreclosure of September 25, 2009 is patently
illegal. FHLF, LLC did not hold the promissory Note when they
foreclosed. The law across the United States requires that the Note be
endorsed to and possessed by FHLF, LLC before they foreclosed. That
didn't happen. This means that FHLF, LLC did not have legal standing
to foreclose. Standing is jurisdictional and cannot be waived.
SETTLEMENT LETTER
Discussion
But, the team of Matt Burk, CEO of Fairway and their attorneys,
Greg Blair, Joel Parker, and Craig Russillo conspired to make other
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fraudulent acts (in addition to allowing an Order of Default in the
District Court case) as follows:
. The Stay Attorney Joel Parker as successor trustee failed
to obtain relief from the automatic stay of my bankruptcy
before proceeding with the foreclosure. A successor trustee
becomes a stakeholder in a bankruptcy proceeding exactly
like FHLF, LLC. The latter obtained a relief from stay, the
former did not.
. The Required'Warning" Notice-- Attorney Craig Russillo
failed to provide the'warning'notice to me as required by
ORS 86.737, This means Paulson has five years to redeem
this property as allowed by ORS 88.030
. The Riqht to Cure Attorneys Parker and Russillo conducted
the September 25, 2009 foreclosure without providing
Paulson with the right to cure up to five days before the sale
as required by ORS 87.753
. The Required Notice of Sale Parker and Russillo did not
give actual notice prior to the foreclosure sale as required by
ORS 86.742 et seq.
Offer
This is a solicitation for an offer to settle with the following
required components:
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. The parties will sign a joint stipulated dismissal of all
litigated matters without costs or fees to any party,
. The parties will stipulate to vacate all extant orders and
judgments in all forums without costs or fees to any party,
Punitive Damages
This case has been marked by antagonism and acrimony not
exceeded by any other matter of which paulson has ever been
involved. This offer to setile is conditioned upon respectful,
business-like and polite setUement discussions mediated by
Roxane G. Ashe, Circuit Mediator of the Ninth Circuit Mediation
Program or surrogate. If anything of the sort of past false
negotiations or posturing occurs, then all settlement overtures will
terminate and litigation will be the only vehicle of resolution. punitive
damages will be sought in every authorized forum.
Lauren Paulson