As many of you know, I am retained by counsel in dozens of situations to review their pleadings and suggest changes, especially if they are retaining me for expert testimony. The appropriate procedure for hits (I only take a few a month) is to call 520-405-1688 and arrange for consultation, Title and Securitization COMBO, and have local counsel upon whom homeowners can rely who are knowledgeable and licensed in the jurisdiction in which the property is located. When I finished the following draft to one such attorney, I thought it might be instructive for attorneys and homeowners who follow the blog. Since i can’t show you the name of the person nor his proposed pleadings until they are filed, some of it is a little out of context. But you’ll get the idea.
Comments on pleadings and motions:
35 thoughts on “How Lawyers and Pro Se Litigants Argue Against Themselves”
@hm
I’ve just learned that my “lender” burned my file a few months ago. The manager said they burned the “originals.” (So I’m wondering just which originals she is talking about.) Five years is the limit required in my state too, but the manager told me they have the documents scanned. My lawyer is getting them (subpoena), before they disappear forever. If scanned copies would help you, you might want to ask.
@carie
You are right. No M in MBS, just plain BS!
Some of the jurors from the Peterson trial were interviewed today by the media. The jury said without the allowance ot hearsay evidence, they probably would not have found Peterson guilty.
Peterson’s son said, thanks for convicting his father by overthrowing the Constitution. He wants to know where all of these people speaking out against his father were when Kathleen was murdered.
The People of the State of Illinois are speaking out today on the WGN local news at noon about the conviction of Drew Peterson … Some are expressing concern and are saying, even if Drew Peterson has a despicable character and is most likely guilty, if he was found guilty by unconstitutional acts and heresay evidence that is wrong and dangerous. Many are saying the alarm bells are ringing and we need to pay close attention to what has just occurred in the case of Peterson.
yes mn..Color of Law and Color of money. It is all quite deceptive.
@hman
They’ve “hidden” the money trail…because it’s all a bunch of junk debt buyer debt collectors of unsecured debt who buy and sell these “loans” which are originally based on (false) default debt from Fannie/Freddie…and the only way they can keep stealing homes is to keep you confused and chasing your tail, and keep fraudulently fabricating and forging documents…which the judges don’t care about—the judges WANT us to be homeless.
Thursday 6 September 2012
Ivent:
> Rule of law IS being replaced with Color of Law.
Color of law IS the rule of law under the corporate
federal government that replaced the organic
constitutional Republic. ALL “law” is/has been
statutory since the Erie RR v Thompkins case,
304 US 64 [1938]
Unless one knows how to stay our of federal
jurisdiction, ALL US citizens are 14th Amendment
citizens, granted privileges, NO rights, and said
privileges can be withdrawn at will by the federal
corporate “Congress.”
Color of law is the APPEARANCE of law, minus
any substance.
Also, does anyone have any insite into how to look up info from a wire payment? what is the ISN and OSN #s? Also, does anyone know an easy way to look up the swift field #? I’ve found a couple websites but none of them have the same format as the wire as I received. The letters at the end of the swift field are JO. Could this mean the funds came from Jordan? Seriously, this stuff is crazy.
I called the bank the wire made made on (Chase) and they said they showed the “originator” as my title company. The title company says they have no record. Bastards!
If anyone has any info where to go it would be greatly appreciated.
Thank you!
I’m trying to follow the $. My “lender” is out of business. I’ve tracked down the principal who has been unresponsive. My title company claims that they only retain the documents for 5 years. I looked up the statute and it does in fact say 5 years is all that is required.
Anyone have any other ideas how to “follow the money”? I’m stuck in a ditch and don’t know where to go from here?
Why even have courtrooms and trials if the jury or the judge “thinks” your guilty means you lose automatically. That is barbaric. Anyone can be accused of anything at any time. The rule of law calls that an accusatory statement…….you have to prove guilt beyond a reasonable doubt. Pretty soon it will be right to the guillotine with no trial. Homeowners will be thrown out to the street for not paying the mortgage with no due process. This trial of Peterson is a wake up call.
A bit of a parallel is Drew Peterson being found guilty today. His attorney’s are saying he was found guilty on unconstitutional and hearsay evidence. A new Illinois Law ….passed in Springfield……apparently allows heresay evidence to be entered in criminal cases That’s the result of lawlessness taking place in our State houses. Rule of law IS being replaced with Color of Law. In any court case……EVIDENCE IS IMPORTANT.
None of these fraudclosures belong in civil courtrooms. They are all out of legal jurisdiction. These institutions have committed Federal Crimes and still are. The State AG’s office told me there is FRAUD IN EVERY MORTGAGE. That proves Obama is a liar. One of the many Obama deceptions ……Wall Street was reckless, not necessarily criminal is a PROVEN LIE. They are using many deceptions to commit LAWLESSNESS to rob us of everything. They are using the normalcy factor. Trying to make the masses believe what EVERYTHING is normal and those dissenters …..they are just nutjobs. They have done this by continuously REWARDING THEIR FAILURES. Fraud is being viewed as accomplishment. That is why intent to deceive is criminal in the U.S. It sets you up for failure.
BSE: very much on point. Thanks.
Go Green – “Jail Congress and the banking bastards”
http://stopforeclosurefraud.com/2012/09/05/homeowners-advocates-want-bank-reps-jailed-for-foreclosure-fraud/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ForeclosureFraudByDinsfla+%28FORECLOSURE+FRAUD+%7C+by+DinSFLA%29
@ Carie,
There is truthe to this:
All Attorneys have an obligation to the Bar Association. The Bar Association and all those associated with it are set up through a contract with the Knights Templar called letters patent. The knights Templar founded what’s known today as our modern banking system. So in essence, the attorneys and associated courts serve the bankers.
All Attorneys have an obligation to the Bar Association. The Bar Association and all those associated with it are set up through a contract with the Knights Templar called letters patent. The knights Templar founded what’s known today as our modern banking system. So in essence, the attorneys and associated courts serve the bankers.
Just imagine if this occurs
http://www.youtube.com/watch?v=ah9n2uVK6Sc&feature=related
No recovery in sight- Congress , Freddie, and Fannie, are not your friends.
http://www.youtube.com/watch?v=DSwVOWI9D9s
Another member of Congress who can not be trusted. Be carfeul with your vote ! Come this fall – Go Green Clean up Congress !
http://www.youtube.com/watch?v=BC88oox9TBo&feature=related
Be careful with your vote. Congress is not your friend !
Yep and your undert water..Thank you Clinton !
http://www.youtube.com/watch?v=2FXU-B-WanQ&feature=related
Clinton launches the crisis !
http://www.youtube.com/watch?v=2FXU-B-WanQ&feature=related
Remember who is reponsible Greenspan ! Where is he now ?
http://www.youtube.com/watch?v=GYVhIQ2zNE8&feature=relmfu
These bastards are still living in their home and it is doubtful they are under water. Go GREEN !- Clean up Congress !
http://www.youtube.com/watch?v=7TOpsLH92MY
A Bush promotes the scandal initiated by Clinton.
http://www.youtube.com/watch?v=kNqQx7sjoS8
This government makes me nervous, If not emabrrased for what they did to the homewoners across the USA.
Does not matter “what” was transferred or not transferred and “what” perfected And “what” rules and laws were violated. Judges ignore the facts. It is the homeowners loss and the thieves to gain. Just remember who started the theft and who promoted the theft. It starts with members of congress Graham, Greenspan, Clinton, Bush, and Obama. Romney is no better and could care less about your family. They want to kick your ass to the curb so they can re-capitalize the banks. Upside down home owners have no choice.
.
Bottom line – There is no hope for a under water home owners Maybe it is time walk away . This is what the bastards want., so eventually these bastards get it.
Never trust Congress, Never Trust a President, Never Trust Wall Street and Never trust a bank. All are thieves who orchestrate the theft. If you are under water , and if your loan is in the hands of Freddie and Fannie then all you do is put money in DeMarco’s thiev’n pocket.
judson- indeed i think they are deliberately underfunded and its only the “yes” guy that gets the job look our state officials, then again- dont
It would be interesting if one could find a pattern…just a theory…I am still trying to figure out an easy way to find this info…
@ Carrie – ok but since they submit documents to support their claim…
I am wondering – can I research and find examples of Notes used to foreclose on other loans in the same trust? I wonder if Notes for loans in the same trust that were used in early bankruptcys, like in 2006 or 2007 or 2008 (and do they use them in judicial foreclosures too?) for proof of claim – may not include an endorsement or allonge…
@Jenn
They were never transferred. There is no M in the MBS.
“Contrary to plaintiff’s contention, a triable issue of fact cannot be raised by the allegations of her complaint. (Coyne v. Kremples, supra, 36 Cal.2d 257, 262.) Accordingly, summary judgment on the first cause of action was properly granted.”
From Cornelison v Kornbluth, a case regarding merger of interests and the credit bid. CA SC 1975
Would ALL the notes in a trust be endorsed in the same way?
Ex. If a trust had 100 mortgage loans and they followed PSA and transfered the Security Deeds and Notes to the Master servicer – would ALL the notes in this trust be endorsed the same way – if one had an allonge that was a blank page with an endorsement in blank stamped on it – would they all?
Is there a place one could search court documents for the name of a trust and then review each case to check how the Note looked? I think in bankruptsy they include a copy of Note in Proof of claim when it is filed – in non-judicial states do they file a copy of note in foreclosure?
Beyond the Four Corners of the Agreements and the Intricacies of Consumer Finance Code, TTILA, DTPA and the Common Law Frauds and all the Standing and Chain of Title Issues ….. The Fiat and Script Bills O Credit matters and the RESPA and False Papers and ROBO Signed and Falsified Notaries and the Securitization and Pooling Issues …. I’m thinking the Procedural Rules and whether or not the Judge is an ASS ….. Pro Se Litigants that are faced with struggling along with all these technicalities and rules DESERVE Eric Sneiderman’s Help. What in the Hell are We paying for all these AGs and FBI / DOJ / Courts For. I’m Thinking The State Bars and ABA should be confronted What The Hell is Law Enforcement Paid To Do … Protect The Banksters !!!!!
Neil: you wrote: ….”5. You want to deny that you had any knowledge of the true nature of the transaction proposed and that the closing agent failed to disclose the source of funding.”
Can this argument be utilized against Wachovia related loans because of their funding with drug money? according to one previous comment linking to a supreme court pleading which claims millions of Wachovia loans must be disseminated due to having been paid for with drug money?