First, I was a bit baffled at the length of Appellee’s answer brief as it was only 13 total pages…. Attorney Nicole P Plannel had the same opportunity as the Appellant to file a brief that was 50 pages in length… but she chose to not take that opportunity… she did have 22 cases in the table of citations….
my father stated that Nicole Planell has “a very lose relationship with the truth”… and I must say I agree with him 100 percent! She doesn’t seem to find it important that there were tons of fundamental errors… she seems to believe that her wrongful foreclosure…. using a void mortgage….. VOID since its signature and inception in 2006… doesn’t matter in the court of law… that having an invalid guardianship…. an improper representation by a lawyer that never requested a petition to act…. nor was granted any court authority to act along with no service of process and the lack of the defendant’s presence in the final judgement…. somehow she thinks that her big law firm and her big bank are not subject to any of the rules and regulations that govern our county…
I pray she is not correct to assume that whomever has the loudest voice with the most money can buy any verdict …
so I’d love to hear what anyone else thinks about her answer brief…. not in comparison to the appellant’s (my) initial brief or to appellant’s (my) reply brief… but how she was able to not address any of the major issues and able to rewrite history…. its amazing to me how this case ever went to court….
FACT ONE: Judge Hayes himself signed the “Order Determining Limited Incapacity” with the right to contract removed on January 03, 2006. This right was delegated to the guardian.
FACT TWO: The Option One Mortgage was signed on November 02, 2006.
FACT THREE: When an Order determining any type of incapacity is signed, and it takes away a right… that right is delegated to a guardian… there cannot be two person’s possessing the same “right to contract” at the same time…
therefore…. the signature HAD NO legal binding… and it is a VOID contract…. “VOID AB INITIO”…. which is clear from the DISMISSED foreclosure case ( 2008-2011) David J Stern- Residential Funding….. ( Mathew Kale as attorney who signed the lost note affidavit….) David J Stern’s foreclosure case (11-2008-CA-001272-0001-XX) still has a judge and docket number assigned…. Docket # 68 ( 06/30/2018)….
Anyone remember David J Stern…. He claimed to have possession of my mortgage… this same Option One Mortgage that was transferred to 21st Mortgage after David J Stern lost his license to practice law ( 2014)…..
Bottom line … It was a VOID contract….. a Void Judgement and never should have happened…..