Stop Blaming the Judge

Mar 31, 2020

The more you blame the judges, the further you get from the goal.

Judges are like umpires in a baseball game.

If you don’t throw the ball there is no need to call a ball or a strike or foul.

Blaming judges for not throwing the ball, catching it, and calling whether it is right or wrong disempowers the homeowner.

The Judge is not there to throw, catch or hit balls.

It is not up to the system or the judge to anticipate your defenses. If you don’t raise and pursue them timely and properly and effectively, there is nothing for the judge to do except rule for your opponent.

You need to accept the fact that sometimes the judge will rule in error no matter what you do. It’s a fact of life.

But my main point is that merely presenting the judge with an alternative view of the narrative is never sufficient.

Every judge receives training in which they are told that their job is to maintain the sanctity of contract. So they always start out with the premise that there is a contract and that it should be enforced. That is not bias. It is our system of laws in a nutshell.

The point that everybody seems to be missing is that the court system is an adversary system. That means that both sides get to argue their positions. Both sides do everything they can to convince the judge to rule in their favor.

Most pro se litigants and frankly most lawyers forget the fact or never knew the fact that persuading the judge is no simple matter. They simply want the judge to recognize that the other side is wrong and then rule accordingly.

That only happens if the starting point for your position is the enforcement of the contract. In foreclosure defense the starting point is that there is no contract between the homeowner and the claimant and that there is no claim.

In order to drive that narrative home you must act consistently with it, in your language, your pleadings, your motions and your oral argument. If you refer to “the trust” you are implicitly admitting there is a trust and it probably owns your loan. If you are referring to the “trustee” then you tacitly or directly admitting that the trustee has trustee powers, that here is a trust and that it owns the loan.

The people who win these cases against the banks are the ones that are relentless in refusing to admit any such thing. They win more than 65% of the time. The rest lose 99% of the time.

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