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July 1, 2007
For those that have been following the Casey Serin saga, it has been a wild night of events. To summarize, it would appear that a lawsuit is being filed against Casey for the stated intent of getting his nationally recognized blog seized by the California court system and auctioned away to the highest bidder.
The reasons listed for this lawsuit are numerous, but primarily relate to the allegation that Casey is profiting off criminal activity by blogging about loans he admittedly lied to receive. As I have written in the past, this honestly is an all too common occurrence in the mortgage loans industry, as I shared in my experience with Wells Fargo Mortgage company, they all but force you to lie in order to get a loan.
Now granted, Casey has done some ridiculous things in the past few weeks, from leaving his Wife to run to Australia to agreeing to write a book that appears to borrow heavily from the Da Vinci Code and the lesser known ‘Lapdance Code‘.
But does stupid action justify a court action to seize and auction a blogger’s website? The internet is such a new medium, that many judges are still wholly unfamiliar with their concepts, particularly the open atmosphere enjoyed in blog discussions.
Alarmingly, the lawsuit complaint against Casey and his IamFacingForeclosure.com blog also names posters of comments on the blog as defendants. Should this lawsuit prove successful, it could set a legal precedent in which anyone offended by a blog OR A BLOG COMMENT can sue the blog owner and effectively SEIZE AND AUCTION THEIR BLOG!
read comments (3)
July 2nd, 2007 at 4:30 am
That’s just stupid, I mean on one hand he shouldn’t have been openly admitting to that sort of stuff online - you’re not as anonymous as you think - especially on your blog lol. But on the other hand ..well there is no other hand, if he really did lie - he can be put in jail but I don’t think his blog should be taken away - that’s just stupid. They should just tell him to censor the blog - make sure no instructional tips are up there on what to do..simple matter.
July 2nd, 2007 at 1:35 pm
I have been following this whole soap opera for some time. The law suit is laughable. First Casey would have to be formally served by either someone in the Sheriff’s Office or a process server. Second Casey would have 30 days to respond to the allegations and counter suit if it applicable. Last there is a huge process before it appears in front of a court. Usually takes an average of 3 years for something to be herd in a trial. As far as the injunction goes, you have to prove beyond a reasonable doubt that you are being harmed by the person or company you are try to get the order on and that it will continue to harm you if you if you are not awarded the injunction. From what I have seen, read, and herd Mark does not have merit for this kind of order. On another note he keeps claiming he has to do this as he is an “Agent of the Court”. In legal terms an “Agent of the Court” is defined as;
a person who has been qualified by a state or federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law. The examinations vary in difficulty, but cannot be taken until the applicant is a graduate of an accredited law school (with a three-year minimum course of study) or in seven states has fulfilled extensive other training. Passage of the bar examination qualifies the attorney for that state only and for the federal courts located in that state (and other federal courts upon request). Some states will accept attorneys from other states, but many will not grant this “reciprocity” and require at least a basic test for out-of-state attorneys. Attorneys from other states may practice in a limited way, but cannot appear (except on a single case with court permission) in state courts (but in federal courts). Graduation from law school does not make one an attorney. There are also patent attorneys who can practice in federal patent courts only and have both legal and engineering training. Most patent attorneys today are regular attorneys who specialize.
This is direct from a law dictionary. The last time I checked it is not an attorney’s job or duty to do things like this. So Mark being an attorney, in my opinion is jeopardizing his practice and potential being disbarred. This is only based on the facts that we have seen. If there are other underlining facts (such as Casey retained him and Mark did some work for him and Casey did not pay him, that would change things). However that still would not justify an injunction from the court.
Now on the part about Casey and his loans. They are done all the time even to this day. Lenders only make money if they loan it out. They have made these types of loans available to the public, therefore it is on them if it goes south. The most important thing that no one seems to get is a crime has to have a “victim”. What this means is the person or business that took the loss based on false pretentious has to be the one’s to file the charges. The lenders would be the victims and no one else. It would be the same as a woman getting allegedly rape and a stranger who believes she was, files the charges of the crime. If the woman who was involved does not go to the authorities and file a complaint than there is no crime. So as far as Casey committing a crime goes “he has not”. As far as people thinking they will stop him from “profiting from his crime” you can not because there was no crime! As for all those who use OJ as an example I ask one question, who was it that got the judgment? I give you a hint, it was the victims next of kin. Hence they had a direct involvement in it. Who it wasn’t was JOE CITIZEN who has a duty.
July 5th, 2007 at 1:45 pm
“as I shared in my experience with Wells Fargo Mortgage company, they all but force you to lie in order to get a loan.”
That odd. I’ve purchased 3 houses in the last 5 years and used Wells Fargo for 2 out of those three.
I did not lie on any of my applications and if someone was “all but force”ing me to lie I must have missed it.