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Unites States District Court Letter

Unites States District Court Letter

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Published by chunga85
Our Country is at the brink of destruction at the hands of politicians, banks, and giant orporations. Our Judicial System stands at the gate. It may be out last chance.
Our Country is at the brink of destruction at the hands of politicians, banks, and giant orporations. Our Judicial System stands at the gate. It may be out last chance.

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Published by: chunga85 on Oct 28, 2011
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01/15/2013

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 Law Office of George E. Babcock, Esquire
 574 Central Avenue Pawtucket, RI 02861 A Christian Law Firm 401-724-1904 email : George@Babcocklaw.com 401-724-1906 (fax)
 October 28, 2011United States District CourtDistrict of Massachusetts1 Courthouse Way, Suite 2300Boston, MA 02210ATT: THE HONORABLE JUDGE RYA W. ZOBELRE: PETERSON V. GMAC CA NO. 11-11115-RWZYour Honor,I am an attorney from the State of Rhode Island who has immersed himself in all mattersregarding MERS on both a State and Federal Level. I have over 70 MERS type cases pendingbefore the Federal District Court for the State of Rhode Island. I have penned an Amicus Brief, acopy of which is enclosed, for Judge John McConnell relative to the case of Fryzel v. MortgageElectronic Registration Systems, Inc., No. CA 10-352 M (D.R.I. June 10, 2011). After readingyour opinion in the Peterson case, I felt compelled to write to you regarding certain aspects of your decision and the memorandum of law filed by PRINCE LOBEL TYE, LLP.With all due respect, I ask you to consider the following facts.The Fryzel case was never a ruling of the Federal District Court for the State of RhodeIsland. What was provided to your Court was a copy of a Report and Recommendation only.At page 7 of the MERS memorandum of law, it is claimed that "In granting a motion to dismiss,the Rhode Island district court concluded that a borrower lacked standing to assert thesechallenges because he was not a party to the mortgage assignments." This is patently false. TheFryzel case was never dismissed and the Court never concluded anything regarding standing.Magistrate Judge Martin wrote a Report and Recommendation only. In fact, Judge JohnMcConnell did not adopt or reject the Fryzel Report and Recommendation. Instead, he invitedcounsel and other interested parties to submitted Amicus Briefs on the Standing Issue. SeveralBriefs were submitted and Oral Argument by Counsel for Fyzel and MERS took place onOctober 4, 2011. To date, the Motion to Dismiss in the Fryzel case has not been decided and theCourt has concluded "nothing" at all regarding the standing issue. In fact, Judge McConnell hasStayed all proceedings involving these types of cases in the Rhode Island Federal District Courtuntil he decides Fryzel. (See Order enclosed)

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