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A FORECLOSURE INFORMATION SHARING SITE COMMITTED TO SAVING OUR HOMES FROM FORECLOSURE BY JP MORGAN CHASE BANK. Thursday, July 5, 2012
authorities when signing the settlement agreement, the question arises "is Plaintiff protected?". Could the Court at a future date attempt to tear into the confidential settlement agreement and attempt to invalidate it? The judge actually tried to help the remaining defendants by giving them additional time to object. She saw the language, "COMES NOW Mackoff Kellogg Law Firm, Charles Peterson, as Successor Trustee of the WaMu Mortgage Pass-Through Certificate Series 2007-OA3 Trust." Instead of objecting, Chase tried to bring the settled parties back into the case, but the Judge denied. This strategy back-fired on Chase. A highly experienced, thirty-year attorney "bizlaw" at the expert online Just Answer provided this answer: The settlement agreement would bind all persons who were parties to the lawsuit if they did not challenge the authority of the trustee to enter into the settlement agreement on the basis he or it was not authorized to act on behalf of them. Because they had the opportunity to object, the approval of the settlement will be res judicata and those parties will be precluded from challenging the settlement. Plaintiff operated on the basis that Successor Trustee had authority which was apparently not denied. The Court gave any party the opportunity to object. That failure to object is what makes it res judicata. The following are from PACER:
DISTRICT OF MONTANA BILLINGS DIVISION ) ) Case No. 1:10-cv-00119-CSO-RFC Plaintiff, ) JOINT STIPULATION TO ) vs. ) DISMISS WITH PREJUDICE ) J.P. Morgan Chase Bank, N.A., et ) al. ) ) Defendants. ) ) William J. Paatalo, "Pro Se", Pursuant Fed.R.Civ.P. 41(a)(1)(A)(ii), Plaintiff and Defendant Mackoff Kellogg Law Firm Charles J. Peterson as Successor Trustee to WAMU Mortgage Pass Through Certificate Series 2007-OA3 Trust, hereby stipulate to the dismissal of Defendant Mackoff Kellogg Law Firm Charles J. Peterson as Successor Trustee to WAMU Mortgage PassThrough Certificate Series 2007-OA3 Trust from this action with prejudice. Each party shall bear his or its own costs and attorneys' fees. DATED this 2nd day of March, 2011.
/s/ Jason J. Henderson Jason J. Henderson, Attorney #11414 Attorney for Defendant MACKOFF KELLOGG LAW FIRM CHARLES J. PETERSON AS SUCCESSOR TRUSTEE ----------
03/02/2012
125
STIPULATION of Dismissal With Prejudice by The Mackoff/Kellogg Law Firm. (Henderson, Jason) (Entered: 03/02/2012)
03/05/2012
126
ORDER re 125 Stipulation of Dismissal filed by The Mackoff/Kellogg Law Firm. The Court will treat the Joint Stipulation as a Motion to Dismiss With Prejudice and will grant the motion unless any party objects on or before 3/19/2012. Signed by Magistrate Carolyn S Ostby on 3/5/2012. (Hard copy mailed to Plaintiff Paatalo via USPS.) (POC, ) (Entered: 03/05/2012)
03/20/2012
Remark - Pursuant to Court's Order dated 3/5/2012 (Doc. 126), and no objections filed, Defendant The Mackoff/Kellogg Law Firm has been dismissed from the case. (POC ) (Hard copy mailed to Plaintiff Paatalo via USPS.) (Entered: 03/20/2012)
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