Thanks to sharp eyed Wagga for this gem:
Bob Shallit: A flop as a 'flipper,' he seeks a real job
By Bob Shallit - Bee Columnist
Published 12:00 am PDT Monday, July 16, 2007
Casey Serin says he's ready to get a real job.
The 24-year-old West Sacramentan achieved national fame -- infamy, really -- by failing miserably as a real estate "flipper" and then drawing attention to his misfortunes in a tell-all blog called "iamfacingforeclosure.com."
Now, in a mass e-mail sent this week, he says he's giving it all up.
The blog. A planned book. Other real estate deals.
"I am pulling the plug on everything," says Serin, who claimed to have racked up $2 million in debt after buying eight homes in seven months in what he calls his "last e-mail."
Serin tells us his focus on the blog caused stress for his wife and extended family.
"I'm realizing money and fame is not worth a failed marriage," he says, adding that he intends to focus on repairing relationships and "getting a regular W-2 job."
The news is bound to be viewed skeptically by the "haterz," the name for the legion of blog-following Serin critics who say he misled financial institutions in securing loans for his ill-fated home purchases.
They're apt to point out that he closed the blog once before, only to reopen it weeks later.
"I don't expect people to believe me," he says. "The only thing I can do is follow through this time."
80 comments:
First
Murst
I also won a sprint once on my bike--all of the sprinters were elsewhere. It still counts!
Casey (sigh.)
I can't get into CH.C to save my life. I wonder why. ?
April
His return to blogging is inevitable. As soon as he realizes that the marriage is a lost cause, he'll be back.
From Casey's open letter:
I am canceling all agreements I’ve ever had with you about my domain or the “settlement” [which was really done to get Marty off my back (I’ll settle with Marty myself)] or anything else you may be expecting from me. I’M OUT!
Somebody better let Bob Shallit know Casey has already changed his mind.
UK -
> Somebody better let Bob Shallit know
> Casey has already changed his mind.
But of course he has - it takes longer for the paper to come off the press and get delivered than it does for CS to do a 180.
Human nature is the way it is. Casey will not stop until law enforcement stops him - all of this amateur hour civil action, while amusing, is only theatre.
Should any party pull in a real lawyer, cross complaints would fly and EVERYONE would need professional representation immediately. It'd get expensive and very quiet...
None of the parties are willing to put out the expense so we are treated to daily internet boasts, wildly off topic "case law" citations and arguments that basically come down to "well, because I said so!".
Until LE steps in, this will just continue... the rest of it?
"...it is a tale told by an idiot, full of sound and fury, signifying nothing."
MacBeth: 5,5.
I sent Shallit a pointer a few minutes ago.
Good call bemused guy. Thanks for the save.
Prop Flop, remember the old adage. "When all you have is a hammer, everything looks like a nail." Civil complaints have brought him back from Aus, got him in front of a judge, got him to agree to help his wife, etc. Sure a little LE action is long overdue but for any discomfort any may feel about legal bullying I'm willing to take the results into account before criticizing.
For whatever reason, they still exist on IAFF so I trashed my post. Obviously I haven't been drinking enough.
"I don't expect people to believe me," he says. "The only thing I can do is follow through this time."
Do you suppose he meant to say "fail through"?
Counteranalysis of "Factual Analysis of Book Publishing Agreement"
I just read Marty's explanation of what he thinks his contract with Casey says, and his reasons for thinking his agreement is non-assignable. Allow me to point out a few things that appeared to escape Marty.
First, an obvious question, who exactly are the parties to this contract?
Conclusion; this contract fails to clearly distinguish between Casey and Marty as individuals, and IamFacingForeclosure.com and PageDaddy.com as businesses. The most direct reading is that this contract is between the two businesses, not between the two individuals.
Looking at the declarations of the contract, we see that the parties are:
IamFacingForeclosure.com
Casey Serin
and
PageDaddy.com
Marty Stewart
Based upon the declarations it appears that this contract is not between Casey and Marty as individuals, but between IamFacingForeclosure.com and PageDaddy.com, with Casey and Marty acting as agents. This is an important distinction
Moving on, we find a poorly written definitions section which states:
IamFacingForeclosure.com / Casey Serin will herein be referred to as “Casey”. PageDaddy.com / Marty Stewart will herein be referred to as “Marty”.
This tells us that henceforth every time we see the word "Casey", we are to mentally substitute "IamFacingForeclosure.com", and every time we see the word "Marty", we are to mentally substitute "PageDaddy.com".
Finally let's take a look at who are the signatories to this contract. Skimming down to where the contract was to be executed we see:
Casey Serin Title: Owner - IamFacingForeclosure.com
Marty Stewart Title: Authorized Agent for PageDaddy.com
Here we most clearly see that Casey and Marty signed this agreement on behalf of their companies, not as individuals. Casey is an "owner", and Marty is an "authorized agent".
Glancing at the addendum, we see it is constructed almost identically, with the addition that the word "CS" has been defined to mean IamFacingForeclosure.com.
Conclusion: This agreement is NOT between Casey and Marty, but is between "IamFacingForeclosure.com" and "PageDaddy.com".
Why is this important? Because it goes directly to debunking Marty's claim that this is somehow an agreement that only Casey personally can fulfill. Marty's contract is actually with IamFacingForeclosure.com, not with Casey.
Second, is this agreement assignable?
Generally speaking, under common law, all contracts are assignable unless specified otherwise. In a legal sense, "assignment" means that the rights and responsibilities of a contract are transferred from one party to another party.
Our task is to determine if there is any language in this contract that would block assignment. The best Marty has come up with is what he calls item "10.c" or "Breach of Contract #8" from the Non-Disclosure agreement. This is language pulled from the Non-Disclosure addendum to the contract. The language here reads "That CS shall not directly or indirectly... sell or otherwise deal with any item or product, containing, based upon or derived from the information, except as may be expressly agreed to in writing by PD".
Fair enough, but note that the word "CS" and the word "information" are terms that had definitions declared. Remember, CS has been defined to mean "IamFacingForeclosure.com". More importantly, information has been defined to mean "prototypes, drawings, data, trade secrets and intellectual property relating to PD products, services, joint ventures, projects, etc. developed by PD."
In other words, this NDA protects intellectual property developed by PageDaddy.com. The addendum basically says that PD is about to disclose to CS certain proprietary information, and that CS can not do certain things (include sell) that information.
This language has NOTHING to do with controlling assignment of the agreement. It only restricts what CS can do with certain information provided by PD.
Third, is contract assignment even taking place?
This is a very simple question and the answer is "no". Remember, this agreement is between IamFacingForeclosure.com and PageDaddy.com. Because this contract contains no "change of control" clause, IamFacingForeclosure.com can change ownership without triggering assignment. Once you sign a contract with a company, the ownership of that company is irrelevant to the obligations of the contract (unless the contract specifically says otherwise).
So, to summarize so far.
1: This contract is between iaff.com and pd.com
2: There is no restriction on assignment of this contract.
3: Assignment of the contract isn't even taking place.
Marty says none of this really matters anyway, because he is terminating the contract due to breach. Leaving aside the fact that the contract has no specific termination clause, and assuming that Marty does lawfully terminate the contract, what then?
If there is no contract, then there is no agreement between Casey and Marty. If there is no agreement, then Marty has no right to any of Casey's intellectual property, trademarks, or likeness. In other words, Marty is free to right a book called "The Foreclosure Code", but he cannot use Casey's picture on the cover and cannot use the contents of the tapes Casey made. If there is no agreement, there is in effect no book as we know it.
So this is Marty's position in a nutshell: He may be able to terminate the contract if he can demonstrate breach to a judge, but he would thereby lose all rights to anything having to do with Casey. Or, he can remain a party to the contract, but his partner will be whoever ultimately owns iaff.com, not Casey. What a dilemma for him.
Smelly, you lost me at calling IAFF an entity that can enter into a contract. IAFF is not a business. If a website can be a business, well then you've got an interesting worldwide boatload of problems to address.
Rob -
> When all you have is a hammer, everything
> looks like a nail.
Torn between commenting on using a hammer to pound some sense into CS (and the line of people who would sign up to help) and the obvious Hammar Inc. angle... what to do, what to do...
> Civil complaints have brought him back
> from Aus, got him in front of a judge, got
> him to agree to help his wife, etc.
I thought running out of money and having mommy bring him home got him back from Aus. :)
Also - he's agreed to help his wife, but he's been agreeing to do that all along. And he has... he's helped her ruin her credit, he's helped her toward bankrupcy, he's helped her get known across the internet... basically helped her under the bus.
I'm more amused by the way this is being approached. Mark, while trying to "save his reputation", has managed to get Google searches to report that he is suing an innocent family (Google his name, it's all over the first page). Nice work.
Mark is pissed off and going for money. The $1,500 he's suing for is in excess of his actual costs, he's trying to recover the for the time he volunteered to CS, but has avoided admitting to this (detail the "actual costs" Mark!)
If ya want the job done right, bring in a professional. The case before the court would be significantly different with a professional involved. It would NOT be argued on various blogs, but only in court (with much speculation on the blogs, but the parties - including CS - would be gagged).
I'm thinking a quick hater begathon would raise most, if not all of the cost. Won't happen for Mark, but a better plaintiff - say, Mommy Serin seeking damages for Hammar, would get a good response...
Casey you got to talk to your wife. Once you get her back on your team. Duane and Marks leverage over you will end.
@Property Flopper
The $1,500 he's suing for is in excess of his actual costs, he's trying to recover the for the time he volunteered to CS, but has avoided admitting to this (detail the "actual costs" Mark!)
I suspect a good chunk of it may be the two "predominant" IP lawyers Mark consulted. (Unless those were favors he called in?)
LMM:
Yes, "predominant" lawyers are expensive. I wonder if those are the same IP types who taught him "fair use" requires permission. :)
I think all here know that was just Mark being, well... Mark. His case isn't based on IP issues, it is simple contract law.
I don't disagree with the idea of a lawsuit, just with the way it is being handled. You don't bring a knife to a gun fight.
Conclusion; this contract fails to clearly distinguish between Casey and Marty as individuals, and IamFacingForeclosure.com and PageDaddy.com as businesses. The most direct reading is that this contract is between the two businesses, not between the two individuals.
Marty has the same legal acumen as Mark Villasenor. IAFF.com is, at best, a "doing business as" for Casey Serin. Casey and IAFF.com are one and the same because IAFF is Casey's sole proprietorship business. There is no legal distinction between the two.
RobDawg,
I wouldn't say that it is me personally who is calling IAFF a business, I would say that it is the contract itself that is calling IAFF a business.
Look it over yourself. Who are the declared parties to the contract? In what capacity did Marty and Casey sign the contract? How did Marty define the word "Casey"?
Marty would have been better off if he had either gotten a real lawyer, or not tried to be so frigging clever. If it was just a simple contract between "Casey Serin" and "Marty Stewart" there would be no confusion. But the language he used treats IAFF.com and PD.com as though they are distinct entities.
We all know how Casey treated Hammar as an extension of himself when it suited him. This is just another example of that kind of thinking.
How about this as another example. Consider who holds the copyright to the content of the IAFF.com website? You would think it is Casey, right? But look at the bottom of every page:
© 2006 I am Facing Foreclosure .com. All Rights Reserved.
Even more interesting. Who holds the copyright to the contents at TFC.com? At the bottom of the page it says:
© Copyright 2007 ForeclosureCode.com
WTF is that legally? Is it a DBA for Casey, a DBA for Marty, or something else? Their contract said they were going to get around to creating a LLC "when cashflow permits", but they never did.
From a legal point of view, I would say that Casey has penetrated every possible veil between himself and his creations. One could very credibly stand in front of a judge and argue that the contract with Marty is with IAFF.com and not with Casey personally, and whoever ends up owning IAFF.com is now responsible for all rights and obligations of that contract.
Casey getting a W2 job is like saying that The Beatles are getting back together.
Moistiness!!!
@Rob Dawg
Smelly, you lost me at calling IAFF an entity that can enter into a contract.
Sole proprietorship?
I do get what SmellyPogoStick is saying. The question I would have is does it matter that IAFF is not incorporated? (does not have an EIN).
Hammar supposedly has an EIN / is incorporated.
@SmellyPogoStick
Ok.. showoff... You just had to take the freight train and put it through the contract sideways... ☺
Just for grins; JeepGirl has a poll up. Very interesting bell curve result.
@@SmellyPogoStick
I believe (just a layman’s opinion) you’re confusing assets with control and contractual rights. IAFF, PageDaddy, TFC, are assets controlled by people, who execute contractual rights. People sign in agreement to do particular things WITH assets, but the assets themselves have no direction on their own; they can therefore, not execute contracts without the people who control them. The elements of asset structure do not matter, lacking permission by people who direct asset movement.
~Mark
In regards to the "contract" between Marty and Casey:
Folks, I do not profess to be a contract attorney or even being well versed in this realm. (But I did stay at a Holiday Inn Express last night! Mocha was turning tricks in a room down the hall.)
Kidding aside, I have read the Marty/Casey agreement a few times. A few points:
1) Who the FUCK drafted this thing? Has anyone thrown it into the spell checker? It is filled with grammatical errors. I mean, honestly: how is it that the majority of so called "contracts" that Casey signs always seem to be written by someone who doesn't even have a solid grasp of the english language? Is it that difficult to hire a paralegal?
2) Grammatical errors aside, the actual crux of the contract reads more like a sales pitch than it does and agreement between two parties. I feel like Marty should be trying to sell timeshares in Miami.
3) I have to somewhat agree with a previous poster's assertion as to *who* the contract is actually between. Casey and Marty or IAFF and pagedaddy. Because there is a very factual distinction. Its equivalent to me having a joint venture between another individual versus the company I work for signing an agreement with another company. Very poignant distinctions in my opinion. Perhaps meaningless in this case, but I can't be certain.
On a little side note, I have to extend my thanks to Rob, Duane, Mark and yes, even Casey for providing me with THE BEST internet drama I have ever encountered. M. Night Shyamalan couln't have created something with this many twists and turns.
And speaking of which, if this saga ever did become a movie, who would they cast to portray Casey?
My money is on Macaulay Culkin!
:-)
@LMP -- clearly, then, the issue becomes whether IAFF.com is an asset or a business entity.
Given the lack of change to the IAFF.com registrar info, it seems that there is no other corporate entity and that IAFF is an asset to be claimed. Unless of course Snowflake is going to try to claim that he intended to transfer the asset but didn't get around to it. :p
LossMitPro
IAFF could be an entity, like a corporation is an entity. The question I had was in terms of incorporation/EIN, if it was required for a legal entity to exist. Normally I would say yes, but sole proprietorship and trusts kind of muddy the water in my opinion.
Legal entities can give directions to assets even though it in itself is not a living person.
Macaulay Culkin for Casey is pretty funny, but I still think David Spade is better. He even gets on my nerves.
I'd cast Jennifer Aniston for G, Vince Vaughn for Nigel, and Vincent D'Onofrio for Rob Dawg.
@LMP
You can certainly disagree with my interpretation of the contract. I would make two points here in response.
1: Even if IAFF.com is not a distinct legal entity, Casey sure acts like it is when it suits him (surprise surprise).
2: The "contract" is such a piece of crap that I don't know if Solomon himself could tell you exactly what it is supposed to mean.
Like you, I am not a lawyer. Like you, my profession has put me in frequent contract with lawyers and contracts. In my case, I've had to sit through many an hour of attorney's arguing over assignment clauses to contracts.
This "contract" is so loathsomely written, I really don't know where to begin analyzing it. But if we assume that it is a valid contract, then we are led to conclude that it gave Casey certain rights and responsibilities. As a **general rule**, those rights and responsibilities are assignable. Whatever rights Casey had to "the book", be they rights that come from copyright and authorship, or rights that come from this contract, are assignable. There is no language in this contract that forbids assignment, notwithstanding Marty's pathetic attempt to take the NDA he hacked off the internet and pretend otherwise.
From where I sit, it is all about the domain at this point. Even if Marty did try to sell the book with the consent of his partner, without the IAFF domain to drive traffic he really doesn't have anything of great value.
@Tom
1) Who the FUCK drafted this thing?
Just cracked me up... ☺
Is it that difficult to hire a paralegal?
Maybe I should ask my SO. Actually, it is not that difficult, but I think they might want to rain on these guys parade. Casey would not want to have a contract that would have a definite time table.
2) Grammatical errors aside, the actual crux of the contract reads more like a sales pitch than it does and agreement between two parties.
I took it as a mother and apple pie agreement. There were no parts that indicated any performance requirements. How do you know when a clause is satisfied? My look on it here.
The time has pretty much come for this all to end. No matter how you feel about the actions of the players, the fact remains that Casey was very close to having a really good end-game scenario. He had the opportunity to have two seperate businessmen assist in helping him unFUCK himself. Instead, he sold them out for one last shot at trolldom. Casey is out of bridges. The shoe is coming. Not that the FBI was too concerned with this settlement, I do know an interview with Mr. Serin is approaching and we all know how Casey loves interviews. What a shame we can't have them conduct the interview over talkshoe...
NOTICE TO LOSSMITPRO DBA LOSTMITTENS AND MR. DUANE LEGATE:
Let it be known that this is LEGAL NOTICE as required Under California State Statute 419, That any and all contracts that we have ever agreed to, entered into, or will enter into in the future, are hereby deemed null and void.
It clearly states in Statute 419 subparapraph 6E.3.3.2.1.324.3.2.4.5.656.4.43.55.4.AB That:
"To make a contract null and void all one has to do is say "No Deal""
It additionaly states "That if you want to go home all you have to do is click your heels 3 times and say "I want to go home"".
The above declaration is binding and cannot be combined with any givebacks, redo's or doovers.
You have been notified according to standard practices in California Law.
Additionaly, Statute 419 states that upon my cancellation of the contracts that you must bring me things that I desire within reason, like a beer, grapes, peanuts, or a thai hooker.
I am hereby invoking those requirements and I want you to bring me a pirate thai hooker with a peg leg and parrot on her shoulder.
FAILURE TO PROVIDE MY DEMANDS WITHIN 3 days will result in me going and getting my own pirate thai hooker and I will express my displeasure with you in a tell all post.
Oh man, I can't wait to read TimeLine guy take on all of this.
I have to admit I've only been half-paying attention to the Caseyverse(tm) and I am less than fractionally paying any attention to the CH.c drama--which is tragically inane.
This latest Casey soap opera is sort of expected, but also disappointing. I'm still waiting for IAFF to go offline for good, but I seem to be in the minority believing it actually will--but my doubt is increasing daily.
I just can't imagine what it would be like to have absolutely no resolve, no spine, no ability to keep one's word. One minute he's in 'I'd do anything to end this' mode, and now he's back to his old ways of weighing his options.
No wonder Galina wants to leave him. He won't even fight for her. If he's half a man, he'd follow through with at least one promise to her.
:::disgusted:::
Just to make sure, the CH is the CaseyHaterz.com site?
Just checking.
So did fliptard do the news program Friday night?
Gets a bit of tv and newspaper attention and he is off on a tangent like a meth addict with a fresh score.
How do we keep the press from stroking that nitwit's ego??
H
Rob -
> Civil complaints have brought him back
> from Aus, got him in front of a judge, got
> him to agree to help his wife, etc.
You know what the civil complaints have accomplished? Page hits. CS had run out of topics and was universally hated for abandoning his wife (along with SOOOO many other reasons).
He was having a hard time keeping above the 5k visits mark (even with his manipulations) and most of those were regulars going back several times a day to see if he'd posted anything new.
He now has a whole new chapter in the drama, he's back in the 10 to 15k range (and climbing). Sadly enough, he also is getting sympathy out of this.
Hell, I wouldn't have thought it possible that ANYTHING could get him sympathy after all he's done.
Sweet hits, sweet income... sweet Jesus what a mess.
Left to his own devices, he'd still be bloging about nothing and losing the audience he craves.
@H Simpson
Easy. Ignore him and thus erase his relevance. The media is fussing because he has this pack of noisy people yelling at him; me included.
Everyone wants to see a train crash, so yes, many hits are going on.
The truly sweet part in all of this is that Casey has the keys to IAFF, but Duane /Mark have the Pink Title to IAFF.
Smart of Mark/Duane to let the sweet clicks ride so that IAFF will be ripe for the picking.
Truly SWEET :-) outcome.
this is great. from IAFF.
#
174. James Marks
July 16th, 2007 at 10:22 am
Casey, it was good that you got away from those two grifters. Don’t speak with them or do anything. What is most important is that you make up with your family right now. Explain to them your side of the situation. Family is what is most important. My son was the best thing that ever happened to me. After his birth, I stopped drinking briefly and took a part time job. It was great. Please make up with G and your family.
@At 2:12 PM, aaron
James Marks is the real name of a loser/looser/whatever that posts on whofailedtoday.com and campidiot. Someone is trolling as him. He's sort of the F/FC/CI version of Casey, only much older and uglier, and a bit more immoral. He's kind of like the King of the White Trash.
Short version: He's 52 years old, married to wife #3, has a bastard son by a girl 29 years younger than him who started sleeping with him when he was living in her father's pool house, was still married to wife #3 when he knocked up the girlfriend, and recently dropped out of Humboldt State where he was studying art history. He has a criminal record for failure to pay child support and literally dozens of liens and judgements against him. He hasn't worked more than a few months in the last 3 years, but spends 12-18 hours trolling the message boards every day.
Long Version? Fuck, I don't want to type that much. Here's a cut and paste from a post on whofailedtoday.com.
--------
Got a few hours?
He was a trust fund kiddie in the 70s. He went to a photography school and got a worthless degree.
He got married three times and had one daughter with his third wife. He had at least two photography businesses go under and caused an immense amount of liens and judgements from the two businesses. It wasn't surprising, considering how bad he is at it.
He started getting the middle-age crazies and instead of getting a real life played horsie teacher at a boy's ranch and did civil war reenacting crap.
He's still married to wife #3, but they split up when it became apparent that he couldn't pay his part of the bills. He went to live with his dad and his step-mother but they kicked him out, so he moved in with his friend Gordon Frye. Gordon had just inherited a house and he let Jimbo live in his pool house and paid him for odd jobs around the place. Gordon's ex-wife got Jimbo a job at a winery. Gordon is also the one that got him the little jobs as a movie extra.
About this time, Jimbo went to court for not paying child support for the second time and got put on probation for three years. He didn't pay the stable bill for his horse and Gordon wrote out a check for 1500 bucks to pay it off. Jimbo told Gordon to make the check out to him, because it would be easier. He cashed the check and kept the money. He told Gordon that the bill was paid but that he wanted to move the horse to another stables. Gordon helped him move the horse, without knowing that the bill wasn't paid. Months later, the old stables called Gordon and to keep his own reputation intact Gordon paid the bill, meaning that he was out another 1500 bucks.
As if this wasn't enough, Jimbo, who was 47 at the time, started sleeping with one of Gordon's daughters, who was 18. Gordon found out and kicked him out. She quit school and moved in with Jimbo in a dumpy part of the dumpy town of Manteca. Jimbo got fired from the winery at some point during this. He went through a number of low-end manual labor jobs like roofing and driving a forklift. Of course, Jimbo being Jimbo, he had to lie and claim that the forklift driving job was at a secret government facility, when it was actually at a agricultural warehouse.
At this point, he had been spending all of his spare time posting on FC, especially F3. It was the only place that anyone even pretended that he wasn't a complete failure. Spanky posted the F3 archives and Jimbo went crazy. He started fighting with anyone that said anything about F3 and ended up becoming as mocked on FC as he was in real life.
This went on for a few years, and then one day his girlfriend gets pregnant. Jimbo showed his normal intelligence and common sense by quitting his job and moving his eight month pregnant girlfriend with him to Eureka, California, where he started attending classes at Humboldt State University, courtesy of a ton of financial aid and student loans.
His major, you ask? Art history.
Keep in mind, he's 50 years old by now. His girlfriend is in her early 20s. He's still on probation for not paying child support on his daughter. He's also still married to his third wife. Neither one of them have jobs. She has the baby, which was paid for by California's health care for the poor, Medi-CAL, and Jimbo continues to post 12 or more hours a day, every day.
A few months after the baby is born, the girlfriend gets a job driving a forklift at a flooring company through a friend.
Instead of working, Jimbo continues to post on FC and comes up with a scam to get the Humboldt State University library to set up a digital archive of all of their photographs. He puts together a proposal that would require them to buy 30K worth of photography and computer equipment, even though it could easily be done by a work study student with a 40 buck scanner on a 300 dollar PC.
He somehow screwed up the password protection on his site by accident and the business plans and all of the notes got posted on FC. Several people emailed the librarians and told them what he was doing. That little scheme went down the drain.
His girlfriend had enough. She moved out and started partying and sleeping around with both men and women.
He finally went out and got a job. He was hired as the facility manager and volunteer coordinator at the Morris Art Museum in Eureka. That actually meant that he was the janitor/handyman and scheduled volunteers to work in the museum store. He got fired a few months later. He got another job doing sales and got fired from there a few months after that.
He posted a link to his ex-girlfriend's myspace blog, after he complained to myspace about her having pictures of their bastard on the page. They made her take down the pictures and all of her partying and other escapades, like staying up all night on a booty call and puking out the window of a car, got posted. She in turn started a thread on FC about him and admitted that he does, indeed, have gray pubes.
Around that time FC closed and FFC started. Jimbo tried doing a bssiesmth and begged for money on the board. That didn't go over well at all. School started though, and he got a fresh round of student loans. He seemed pretty happy for a while, until his newest blog was found and posted. Then his ex-girlfriend got pissed because things were getting posted about her on the board that only he knew, like that she quit driving a forklift and was working in a bar. She made a post in her blog about it and ordered him to quit posting about her. Jimbo tried to blame it all on his pack of enemies, the buttplugs, but Lep refused to ban anyone for him. He stopped posting regged a few days later.
She had been going to school but dropped out. From all indications, she's stopped allowing him to see her son any more, and since Lep sold the board, he figures that he has nothing to lose by posting again. Here he is.
LMAO. What a fucking looser.
You're right: Casey does look better by comparison (so far).
Hmm, it's unusually slow over here.
Just wanted to remind everyone to submit their 6 Degrees of Casey Serin to Jason Voorhees entries before the polls open tomorrow.
IANAL, but I believe that, unless there is some legally recognizable "person" (and a person can be a company, LLC, but I don't think a DBA), then the contract applies to the person signing. Now Marty may have an LLC or similar to distance himself from Pagedaddy, but I doubt that KC has (other than Hammar).
Now, one problem for LMP: if the contract is assigned to you, don't the responsibilities also transfer? Specifically, the money that KC was supposed to pay Marty for the book expenses? In other words, won't you end up owing Marty several thousands of dollars?
Does any one else think that KC acts like a twelve year old? I'm thinking back (way back) to when I would behave like this and twelve is the age I came up with.
BTW Galina if you are reading this: throw KC under the bus and make yourself a new life.
IANAL either, but a business entity is just another entity, like a person.
The person or group controlling the LLP or Inc. or whatever, decide what that entity will do, but the entity, not the individual/s, is acting on its own autonomy.
The truly sweet part in all of this is that Casey has the keys to IAFF, but Duane /Mark have the Pink Title to IAFF.
Only if Mark's settlement agreement holds up in court. I hope it does, but I don't have a lot a faith in a nonlawyer who sues people for "liable" and thinks a California judge is going to erase his name from the entire internet.
if the contract is assigned to you, don't the responsibilities also transfer?
*************************************
In theory, yes.
@Whoever
Now, one problem for LMP: if the contract is assigned to you, don't the responsibilities also transfer? Specifically, the money that KC was supposed to pay Marty for the book expenses? In other words, won't you end up owing Marty several thousands of dollars?
Yes and no. It depends.
If the agreement was between two business entities and the Casey entity was transferred to LMP.. Yes
If the agreement was between two business entities and LMP did a TRO on an aspect of the business and wrested control on it, No.
If the agreement was between two individuals (possibly including DBA), and the TRO was against Casey , the individual, and ownership of an aspect of Casey.. read IAFF site and rights to Casey's story/IP.. no. Casey could be left with the $.
The real issue is that there was no timeline for the $4K to $5K, no timeline for information for the book, no timeline for revenue splits etc. This makes it a very weak agreement. There is also an issue where two clauses within Marty's agreement contradict. Reading the two clauses gives me the impression that Mark can go out and do/market a 'Casey Story' so long as he stays away from the theme 'ForeclosureCode'. A theme which may run into problems from other publishers.
@FlyingMonkeyWarrior
if the contract is assigned to you, don't the responsibilities also transfer?
*************************************
In theory, yes.
But the contract wasn't assigned to Mark. The Marty agreement is still held by Casey. The underlying rights to the IP/story were assigned to Mark(supposedly). Marty has to go to Mark to use that information that Casey supplied. Casey signed his ability to say yea or nay on the book stuff, as well as to negotiate amounts for repayment.
The underlying thing on the Marty agreement is that there are no performance clauses within that agreement.
schizoid @ 5:51PM:
...I don't have a lot a faith in a nonlawyer who sues people for "liable" and thinks a California judge is going to erase his name from the entire internet.”
It wasn’t "liable" and that argument is faulty, nothing I haven’t heard before; generally after obtaining judgment and hearing the ‘whaaa-happin’ from the oh-so-sure. And I’m not asking a judge to “erase” my name from the entire Internet; but little details like that don’t matter to folks like you, I suppose. Still, get your speculation together.
Hey there havin some fun over at CHC trying to dig up dirt on me, I’m sure you’d be welcome to join them. Good luck with that. ;)
~Mark
OK, I'm going to do something here I've never done before. I'm going to make a RE comment in a KC thread!
I'm consulting in Ft. Worth, TX and am sitting on hotel balcony working on project plan. And, overlooking, of all things...
.... a ginormous Countrywide building. Huge building and vast parking lot. From a glance during a mid-morning trip from airport to client (not CW) site, the parking lot looks empty enough to give out that "business not going real well" that such parking lots broadcast.
@lmp
actually they're trying to dig up a PICTURE of you, then the fun will really start I'm sure.
Glad to see you still have a sense of humor about the whole thing.
court tommorrow right? you expect a TRO or just a schedule for the next hearing?
lmp-
I don't think some lame posts to some credit help boards qualify as dirt. Just like your lame posts here, won't quailify as dirt in the future. Go collect some bills boy.
@lmp
If you truely wanted your name off the internet...STOP posting everyday and stop having talkcasts "to tell your side" all you are doing is giving more face time to this whole mess.
http://www.thecaseyserinfund.com/
Guess it was only a matter of time
but heres the punchline, they're keeping 15% of the donations.
Registered anonymously hosted off an anonymous server.
By the way, am I the only one that seems to sense some "urgency" in turdflake's desire to acquire funds for a criminal defense attorney?
And the little "tease" that rob tossed out with the police dog in a previous thread makes me wonder....
Are the wheels of justice finally ready to begin moving? The steamroller of law could be ready to turn kangatard into "wallaby stew".
Mark, I'm rooting for you,* but I don't think it's going to happen. You project a lot of confidence but what I've heard from you so far doesn't make a whole lot of sense.
* for now. When you start trying to sue people for posting your name I won't be.
I dont think the K9 was a tease..Would I love to be wrong? of course I would.
Thought has crossed my mind, havent heard "wormsign" in awhile.
Just checking in after a day's absence and--gasp--the virtual soap's back on again! Wow. Never saw that one coming.
Oh, and thank goodness I was never granted access to CH.C. Not quite sure why I never received the Magic Email of Registration--I thought I was a fairly easy-going and non-confrontational type. C'est la vie and all that.
BTW, whatever did happen to Casey's interview with the local news on Friday? Did he hear a rumour it was going to be filed under "comedy" like that BBC Radio 4 interview and perhaps not such a good idea after all? (Hee, hee)
i have the basic belief that casey needs a lawyer, and skill to establish a web site funding one for him. he's brought such joy to our lives. i'm just too lazy. maybe i'd do it for 15%. maybe i'd even do it for ten. but probably not.
Casey Defense fund was set up by former Casey advertiser John Hoarty
http://www.caseypedia.com/wiki/John_Hoarty
This link is pretty telling...
http://web.archive.org/web/20000711005243/http://creditdefenses.com/
Happy reading :-)
p.s. after a grumpy weekend, i declare the casey serin phenomenon "game on," as casey yells, "do over!" and the reason is marty. casey did the casey move we ought to have seen coming (and many/most did). but marty, the Silent Partner, is at casey's side to some degree, together passionate about a shared vision. meanwhile the spectrum of haterz has grown, continuing to exert pressure on every single key party. and we have a deep sea of legal debate, some of it remarkably astute. if we call our cause just, we should deconstruct mark's maneuvers just as we've deconstructed casey's. we'd could discuss it on caseypedia, but it remains likely the switch to cream pie faced caseyhaterz.com stuck and i can't find shit over there.
I was never granted access to CH.C. Not quite sure why I never received the Magic Email of Registration--I thought I was a fairly easy-going and non-confrontational type
Not that I want to get involved in the "spat" between EN and CHC, but just an FYI for the CHC folks if they are reading this.
There does appear to be some glitch with your registration mechanism. I filed for an account a little while ago and it took almost 48 hours to receive the email. And in the end, three confirmation emails arrived instead of one. So I am guessing there is some issue with the processing software for the user requests.
Just an FYI. :-)
How dare you suggest that Stanley is not omniscient and omnipotent on his own forum! How dare you imply that CHC is not the Eden that Tracy envisions herself in. Careful now, or The Stanley Dude will smite you from afar with a mighty thunderbolt.
For you see, that is the awesome power of Herr Ultimate Fucktwit. Or as some of his weak-willed legion call him, HUF.
Walt -
you may not realize it but,,,
it's getting old & almost trollish.
if you have to keep purging, i believe Rob was good enough to set up an entire thread for you to continue to complain about CHC (at your request).
John Diddler,
I also felt the grumpy weekend and personally prefer key lime pie.
What pisses me off the most is the lack of CaseyPedia updates.
And WTF is up with Henry Rollins' enormous neck? I think it is weird.
Relentless @ 7:14 PM:
”court tommorrow right? you expect a TRO or just a schedule for the next hearing?”
No TRO, I’m asking for an order shortening time that’s all. Cuts the 664 motion time from about 20 days to around 10 (or less), and is just an in-Chamber meeting. Not a real critical step in the judge’s decision process, but helps to cut time from Casey selling IAFF and jammin outta here with the money.
CostaRican @ 8:08 PM:
”This link is pretty telling... http://web.archive.org/web/20000711005243/http://creditdefenses.com”
WOW, will revelations never cease??? Guess I wasn’t lying after all about my experience, or does that link say something more? That is, other than SOME PEOPLE have waaaaay too much idle time on their hands. ;)
@ Tom (8:26 PM)
Same thing was happening to me at first trying to access CHC, I hear ya, it was somewhat disconcerting. Try clearing cookies on your system, close all browsers, restart then try to access CHC again. Worked for me.
~Mark
Casey chaos is currently featured on the Henry Rollins show.
What pisses me off the most is the lack of CaseyPedia updates.
Sheesh. Do you think CaseyPedia updates just happen by magic?
But I hear you. I'm still doing my bit there as and when I can -- but it feels like most of the other editors either see it as finished enough or are off chasing other shiny objects.
lawnmower man: it would be great if I could get neatly distilled updates on CaseyPedia..
Sort of:
Casey got divorced today, lost in court, and is about to be thrown in jail.. He then got raped by LMP and Marty.. It all good™
I can't keep up.. I'm gonna need the cliff notes for the forclosure code..
I was unable to sign up to edit, and left it at that. without a broad base of participants, some investigative function is lost.
I wonder when the day will come when Caseypedia updates will no longer be needed...and what will happen to it once the saga is over? Not that it's likely to be over any time soon -- did the editors realize they would be in it for the long haul?!
@CostaRican 8:08
This link is pretty telling...
http://creditdefenses.com
Yep. Fucker's working both ends against the middle. No surprise. Nothing wrong with making the most out of what little talent the gods have bestowed on one.
These guys are bottom feeders and always will be. Villasenor's gone as far as he's ever going to get in this life, career-wise, and like most people in mid-life the gradual dawning of that fact in the mind generates a certain pathetic desperation. Maybe he started out wanting to be a lawyer, couldn't quite cut it, ended up in collections, etc. Who knows.
Maybe he met his match with the Flipster. The threats don't work so well against someone who is totally oblivious and reckless about consequences.
These wanna-be Perry Masons are sort of like cops in so far as they're so used to only going up against morons and easily intimidated pussies they start thinking they're more clever than they really are. When they actually encounter that rare individual who's either really smart (not KC) or just obliviously reckless (KC) or otherwise extraordinarily motivated, their success rate drops quite a bit.
BTW, and you can check up on this point, courts are not in the business of acting as one party's collection agent. Once a civil monetary judgment is passed it's still up to the "winning" party to collect on that judgment.
Oh, like Casey's the first deadbeat Mark ever met. You, sir, owe me a break.
I just got editing access to Caseypedia today. I'll be making my first contribution sometime later this week, time permitting.
7:07 Endgame
Maybe this has something to do with Countrywide being quiet
http://paper-money.blogspot.com/
BTW I noticed the local Countrywide office was empty this weekend...
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