Read More: WHEN YOU HAVE DISCOVERED THE TRUE REMEDY FOR DEFENSE OF A FRAUDULENT & WRONGFUL FORECLOSURE: STOP RESEARCHING!
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Also, in actuality, it is the court has the burden to review the original pleadings of theforeclosing party to determine if it has in fact asserted any true and provable rights to collect money
from the borrower.
Without the right to collect money the foreclosing party should not have collected any money and it
follows that with no right collect, there can be no right to declare default which certainly would void any
right to foreclose.
Lately, I have been using the strategy of challenging the standing (which can be done, literally, at any
time) of the foreclosing party. Without two parties with a proven interest in the issues of the case
there is no standing for the foreclosing party and therefore the court has no subject matter jurisdiction
and must not proceed with the case.
This is US constitutional law. In this position the court (and judge, they are interchangeable) has only
one move it can make. It must dismiss the case or in a non-judicial foreclosure state it must vacate and
set aside the wrongful foreclosure.
You may have noticed that I use the words foreclosing party and borrower instead of Plaintiff and
Defendant. This is because in judicial foreclosure states the foreclosing party is the Plaintiff and the
borrower is the Defendant. But, under the statute and rules in states using the bizarre and heinous
non-judicial foreclosure it ends up being the opposite. The borrower is the Plaintiff and the foreclosing
party is the Defendant.
That is so confusing that I avoid Plaintiff and Defendant when describing "who done who wrong”.
This is the most simple description of the central Mortgage Fraud issue that I have ever written. It is my
answer to his questions about a blog guy he had read and sent to me.
Dear Kevin,
I am reading all of the case citations you sent me from the blog guy that posts videos while driving in his
car and wearing sunglasses and if I drive that image out of my head, he is saying a lot of things that are
close to what I am. It was interesting, but he is in a niche that is just enough different that I cannot
make it fit in my mind. I don't think we can find a useful way to use this in the current environment.
The judges I have been dealing with these long seven years aren't even acknowledging the most simple
and basic statute and constitutional civil rights. I can't even get them to write anything in their orders
and rulings that would indicate that they even read what I have written.
Kevin, the time has past for further research to come up with the magic bullet that will cause the judge
to jump up and exclaim "Oh, Kevin, now I see what you mean". The judge is in the way. He is an
impediment to justice. We must use the remedies that the old guys wrote into the constitution to baby
slap the judges. Any reader who has been following me this year knows that this is what I call "The
Danny Hammond Mike Singletary Offense."
If Mike Singletary is all that is keeping you from scoring a winning touchdown with one minute left on
the clock, then you gotta get him out of the game immediately. Anyway that you can. You really don't
have the luxury of studying your many dark "what ifs" because practice ended yesterday. Now its
Showtime.
The probably non-existent foreclosing entity is not your problem, nor are its attorneys. Your only
adversary is the judge. He is placing the burden of proof on you, the defendant borrower.
That is just not fundamentally sound logic and it is depriving you of your civil rights. You don't have to
win the case. The case is void. You just need to declare and prove that the case is void.
You just follow the laws of subject matter jurisdiction and make the court enforce them, eitherpeacefully or in a borrower initiated god damned knock down drag out fight. You are not a victim,
unless you play by the judges rules.
If you fight him and his no rules style of court by trying to show him that your research has given you
the good reasons you should prevail, you will be a victim and a loser.
I meant that in the nicest and most civil of ways. D.
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