Wednesday, July 14, 2010

Attorneys that are foreclosing on homes have personal interest in every property

From a good source the attorneys that are foreclosing on homes have personal interest in every property which is illegal. Everyone needs to do a FOIA bond request on each case because MILLER bonds are being filed by the attorneys


PAYMENT AND PERFORMANCE BONDS: FEDERAL PROJECT BONDS (MILLER BONDS)

For certain types of jobs (larger State and Federal jobs, many private jobs) the Contractors are required to post bonds which guaranty payment to qualified claimants ("Payment Bonds") or guaranty performance for the Owners ("Performance Bonds.") Suits on bonds are a favorite means of relief for claimants since there is an insurance company (the Bonding Company) available with plenty of assets and quite often the bond, itself, provides that the prevailing party will get attorneys fees incurred in bringing the action.

(Note, however, that if the Bond is not as great as the total claims of the claimants, that the money is divided among those claimants who have perfected their rights.)

Additionally, for certain types of projects, the payment bond does not require proof of incorporation of materials or labor, simply that an authorized agent ordered the labor or materials. Most notable of this type of bond claim are legal actions based on Federal Projects ("Miller Bond Actions") which are brought in federal courts and Miller Bonds must be posted on all federal projects of any magnitude.

The Miller Bond is the sole protection available to the claimant on federal projects. Unlike State public jobs, there are no Stop Notice Actions available for Federal Projects. And, of course, no mechanics liens are ever available on any public job, state or federal, since one cannot foreclose on a public piece of property.

In bond actions the claimant must give notice to the owner and bonding company within ninety days of when the last labor or material was supplied to the job and must bring action on the bond within one year of last supplying labor or materials.

Of course, one can always sue for breach of contract any party in breach such as the owner or contractor, but if one seeks a secured claim, only the Miller Bond provides such on a federal project. However, since incorporation of labor or materials need not be proven, and since attorneys fees are awarded if the claimant wins, Miller Bond actions are quite often the most efficient method of collection on construction disputes. A famous Miller Bond case allowed a claimant recovery for goods shipped to a federal base on Cuba, but never delivered since the ship sank before the goods were delivered to the job site. The federal court allowed full recovery for the claimant since the goods had been ordered. (In a state job, since the goods were not incorporated into the job, no recovery on the stop notice would have been allowed and in a private job, no mechanics lien recovery would have been allowed since the materials were not incorporated.)


John C; of the family Stuart, sui juris
The Ecclesiastical Order of : Mobius Nemesis
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