– Re: Reversionary Interest
In Reply To
After participating in a State Sponsored Foreclosure Mediation Program, I received a letter authorizing the issuance of a Certificate of Foreclosure and Trustee's Sale (in a non-judicial state). I documented the surrender of the BC, assignment of reversionary interest, a Waiver of Claim (not recorded), 12 USC 95a (2) and also cited the State statute that recognizes Federal statutes as "law subject to judicial notice". This information was also sent to the Deputy Director of the State Foreclosure Mediation Program. A written response from the Deputy Director simply states that I have a right to seek a Petition for Judicial Review with the District Court:
"The court will not reverse or set aside the decision of an administrative agency unless there were procedural or legal errors, abuse of the agency’s discretion or, the decision exceeds the agency’s authority. According to State statute, following are reasons the court may find an administrative agency’s decision invalid in whole or in part. As the petitioner, you must prove that the administrative agency’s final decision is invalid."
STATUTE: The court shall not substitute its judgment for that of the agency as to the weight of evidence on a question of fact. The court may remand or affirm the final decision or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the agency is:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record;
(f) Arbitrary or capricious or characterized by abuse of discretion.
My question is, in addition to (a), which of the above would best apply for a Petitioner who has surrendered the BC and assigned the reversion? I also have a DBA but that was not submitted. Come what may, I would really like to complete this walk of faith straight through to the very end.
Thank you for sharing so much of yourself and your gifted insights. I have learned a great deal about myself and the world I have created. ~ Peace ~