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quasimodo wrote:That's a real party "in" interest not of interest. There is a difference. I argued this issue with a district judge here in Austin (Texas). I claimed that the defendant party was not a real party in interest because the defendant (foreclosing party) had sold their interest the day after we signed the papers. She argued that they were a real party "OF" interest because I had named them as defendants in my suit. I corrected her vocabulary by saying that in part she was correct to the limit of the context in which she used the term, however the correct term was "real party in interest". I then cited rule 17(a) of the Fed R Civ P. To which she said that the federal rules did not apply at the state level. I responded that I was well aware but that I was making my record for the appellate court should she err. I think that got her attention and she accepted my argument. That, I believe, is the only reason I am still in this house.
Pumpkin wrote:I am a bit confused. They were foreclosing on you, and THEY were the defendant? And those rules I quoted were adopted by all the states, to a degree, and are the same for the most part. What state was this case in?
David Merrill wrote:The rules of the admiralty stipulate that the party in interest must own over 51% of the prize to be a real party in interest. Otherwise it would seem that one can be considered a party in interest just by being named - nomenclature.
(a) Real Party in Interest.
(1) Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:
(A) an executor;
(B) an administrator;
(C) a guardian;
(D) a bailee;
(E) a trustee of an express trust;
(F) a party with whom or in whose name a contract has been made for another's benefit; and
(G) a party authorized by statute.
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