Jan 23, 2020

Sometimes the answer is right in front of you.

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In some cases you must hammer home the fact that the lawyers for the foreclosure mill have not presented a legal person who is submitted to the jurisdiction of the court. The court can’t rule for or against a lawyer who has no client. The lawyer simply has no business being in the room much less advancing a cause. And the court can’t rule for or against a lawyer’s position advocating the interests of a client who is not legally in court. Spectating from the back of the room doesn’t count.

But if you don’t stop the judge he or she will do it anyway. The rulings are made and entered in a n official court record in favor of parties that do not exist, or have not submitted themselves to the jurisdiction of the court or are simply unidentified until long after the judgment is entered.

This is not the court of Chancery in Bleak House by Dickens where lawyers get to argue motions when nobody knows or cares what the case is about after generations of “litigation”. But sometimes it feels that way.

Tonight we talk about how to detect whether there is anyone home on the side of the claimant — besides a lawyer promoting an idea rather than the valid claims of a client who is submitting itself to the jurisdiction of the court.

Practice Hint: In discovery ask the right questions like “Are you contending that US Bank has submitted itself to the jurisdiction of the court?” You’ll be surprised at the response. Ask the same question as to all of the other entities named  within the title of the claimant. Same response.