Why Judges Don't Want to Rule for Borrowers

In California CALPERS is the pension fund for government employees, which of course includes judges. If you google

calpers 2010 annual report

it’ll take you to a PDF for CALPERS. If you search for the word “securitized” you’ll see that the pension fund invests in securitized trusts and distressed securities.

BTW, this is not unusual. Furthermore, CALPERS members probably don’t know the exact makeup of the pension fund assets because it changes all the time. All the members care about is getting a decent return on investment.

The fact that the pension fund holds securitized trust assets wouldn’t really impact a government servant like a judge as far as the pensions holdings because there aren’t enough securitized trusts in there to make much of a difference in the grand scheme of things.

Judges rule the way they do because nobody wants to be the “crazy judge” who opened the floodgates. This is particularly true of California, especially since it’s a nonjudicial foreclosure state. In UD proceedings the commissioner (not a real judge) and plaintiff’s counsel are typically dim light bulbs. They don’t put a lot of effort or thought into what they do; they just want to make their money and go home each day.

How do I know this? Personal experience as a Pro Se, 30 years legal training (paralegal), and insight from at least a dozen CA lawyers.

You can’t win in UD court. What you need to do is sue all parties who ever touched the loan and file a quiet title suit. Keep it narrow and focused because if you throw in everything but the kitchen sink, it muddies the waters and defeats the purpose because judges want to deal with simple, straightforward proceedings and the more focused it is, the more likely you may prevail.

Sure, everyone wants their day in court to give the judge and adverse counsel a tongue lashing to count all the ways in which we’ve been robbed of our property and our constitutional rights. But the reality is that no judge is going to let a Pro Se, let alone a lawyer, filbuster in his/her courtroom. The courtrooms are not like Judge Judy, People’s Court or other TV shows. The reality is much more stark — and dark. In the courtroom there’s black and white and maybe a little bit of gray but not much. The trick is to be as close to black or white as possible; otherwise, chances are the judge will get impatient and rule for whoever has the most convincing — albeit brief and to the point — argument.

And yes, there is most certainly a prejudice against homeowners, especially Pro Se’s. It’s a fact.

The reality is harsh, but it’s critical to understand the true lay of the land as it really is rather than focus on how we think it is or how we want it to be. The victories we read about are most certainly laudable and make us want to rejoice and keep our hopes up. The reality is those victories are a very small percentage of the entire whole.

I’m a fighter. I’m still fighting and have been for several years. But I’ve learned the hard way that we have to fight fire with fire, and the best way to do that is, if you don’t have a lawyer, do whatever you can to drag it out for as long as you can and scrape up every penny you have to hire a lawyer as soon as possible. There are some very knowledgeable lawyers out there who are indeed taking on these cases. Please email me if you’d like for me to send you some of my recommendations.

Peace,
Carrie

Posted in bubble, Corruption, Eviction, securities fraud |