"SUE YOUR FORECLOSURE JUDGE": That Slogan Is Not Completely Correct In Essence; It Is A Simple Phrase I Use To Get Your Attention Directed To The Inescapable Fact That There Is Only One Party Responsible For ALL Of The Illegal Acts In Your Foreclosure Case
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There is a damned conspiracy. A real one. Get involved in it. Your own government representatives at all levels of government the ones that never speak about the greatest conspiracy in the history of the world are the reason you are on a foreclosure defense website. Read all of this article.
Definition of coup d'état: a sudden decisive exercise of force in politics; especially: the violent overthrow or alteration of an existing government by a small group
Half of our population thinks that this was "not really so bad and that it needed to be done", and half of our population thinks that there could have been nothing worse.
No matter what side you are on this whole "incitement for armed insurrection" thing is UNBELIEVABLE.
There it is. This is your precedent. This is something we never could have seen coming.
There are more through history. But, an armed mob trying to steal the "ceremonial ballots" so that they could not be counted and therefore change the grandest example of the greatest democracy in the world (supposedly, but it has not been for borrowers).
I think you believe me on the foreclosure judge thing, but you can't embrace it, because it is hard to embrace it since it is so Unbelievable.
So, I think, why not try to make this simple thing even simpler? I have ruined my life searching for the answer. Why don't I try one more time to break it down into one "not so unbelievable" component at a time? Well now. Here we go.
The founding fathers always thought straight-line simple when writing the constitution. They predicted this distortion of the courts. They feared the power that a judge could accumulate if he were not bound by written restraints and clear and simple duties of powerful oaths.
They gave us the remedy in Article III of the US Constitution (and don't think it is not under attack also). There were seven original articles to the constitution. The 3rd Article is the judicial article in which the Courts and judges were clearly directed on how to run their courts using just one set of rules.
They immediately saw several problems. They had laid out what could make a court go forward and what prohibits a court from going anywhere. They had put a lot in the constitution about the rights that an American had under the constitution, but they had not spelled them out. There were 10 amendments added to the constitution and they were called the Bill of Rights. That's it. Civil Rights under the law.
My strategy (here comes that word again) is based on a Borrower's civil rights and what idea enforces those civil rights. The secret is...that no judge can run his court at all if he is depriving any citizen who is a party in the court case of "any of his civil rights". The body of constitutional law governing this is called logically enough, Deprivation of Civil Rights.
We will start this logical understanding of how your civil rights protect you in court...
1.) It is number one. Any judge and every judge is restrained from violating any of your civil rights by the constitutional laws governing court procedure.
In simple terms, a judge cannot be a judge when he is violating or depriving you of our civil rights. There is a logical conclusion to this situation. The judge is actually not a judge in this instance, he is a citizen using the guise of a judge and he simply cannot let you appear in his court because there is no court.
2.) So what is that all about? You guys all talk about Standing, but you are making it too hard. The main component of a court that makes it a genuine court is the Standing of the person trying to sue you. Standing is what gives the party trying to perform a non-judicial state foreclosure the constitutional right to do so.
But, there are tests for Standing of the foreclosing party. Whether you have paid on your loan or not, only the party with (not the right to foreclose) the right to collect money because you have some of his and you owe it back and if that is true, then that party can collect from you. By law, you can't pay someone you don't owe money to. You can only pay the person you owe.
FRCP (Federal Rules of Civil Procedure) Rule 17 (a)(1) tells us (I am paraphrasing) every citizen has the right to be sued "only" by someone who has "proven" that he has the right to sue that citizen. Not claimed the right, but that he has "PROVEN" with "concrete and particularized" evidence at the "moment" of the "alleged" non-judicial foreclosure sale, or at the "moment" that the foreclosure lawsuit is filed into court in a judicial foreclosure state.
3.) No court exists without Standing of the suing party or in Borrower cases the foreclosing party. Standing is a condition. Article III of the constitution as defined by the Supreme Court can only be a condition of the foreclosing party if it has claimed to have suffered an injury and that the injury is factual (not claimed, but proven), it is real. The foreclosing party also has the "burden of proof" of producing concrete and particularized evidence that the Borrower is responsible for the "Injury in Fact"
Here is why 1,2 and 3 are unbelievable. Because before 1999 all lending parties knew all of this and they would never have even thought that you could just ignore the law and foreclose on someone to who you didn't loan money. How did we get here? Up until today and including today I have never seen a case plead correctly? I have probably seen more of these cases than anybody you know or heard of or read about. It is unbelievable that I have never seen it done like it is supposed to be done. Not one time.
But, just because something seems unbelievable (like a coup d'état in our nation's capital building to cancel an election in the world's greatest democracy, or more dramatic even, the Space Shuttle. Did you ever watch that on TV? How could it do that? It seems unbelievable.) but that does not mean it isn't true. It means that we don't understand it.
4.) I told you earlier that Standing is the main component that makes a court case legitimate. When the judge reads what the foreclosing party wrote and he can easily see if the requirements of standing have been met by the foreclosing party then he must let all of the parties know that he has awarded Standing to the foreclosing party and then he must recite the "claim of Injury, the concrete and particularized evidence of the injury and the same proof of who it was that injured the foreclosing party. Like every other order or ruling or notice, the judge must write it up and file it into the court, and then he still has to give it to all of the parties. This isn't something the judge can decide in the dark dusty room of his mind. It isn't a secret. It is about civil rights.
If those words are not there the judge has no discretion to even to decide his discretion. If the claims and the proof are absent the judge has no choice but to DISMISS THE CASE. That is what a Motion to Dismiss is all about and everyone used to know it back in the old world, you know, before 1995.
5.) Standing is the fuel that the little court rover runs on. If there is no Standing, then there cannot exist court SUBJECT MATTER JURISDICTION. We tend to treat the two terms as if they were different thoughts with different functions. Not so. No Standing then there can be no Subject matter jurisdiction.
It is just fine to say it any way you want. Standing is the component that gives a court case the right to exist. If Standing is found to be lacking at the first writings and filings by the foreclosing party, then Standing doesn't exist. If there is no attacking party with Standing then Subject Matter Jurisdiction does not exist.
Standing once found to be lacking, cannot be repaired. It is res judicata. A settled argument that never existed in any way.
6.) The situation today is really about VOID JUDGMENTS. What if the judge read the foreclosing party's writings and there was no claim or solid evidence and he didn't say anything. He just presided over the case and moved to the merits of the case without evidence that the foreclosing party had Standing. Then that would be a violation of maybe all of the Bill of Rights.
A judge cannot be a judge while Depriving You Of Your Civil Rights. If he is guilty of Deprivation of civil rights and he is foolishly running the case right along, then he was a citizen for every moment he let the case go on. If he decides in favor of the foreclosing party and the Borrower gets a final judgment against him, is that the end?
7.) Of course not. A ruling by a citizen who sometimes (when it is legitimate) is a judge, but not in this case is VOID. It is a void judgment. A void is void. Nothingness. The judgment against you didn't happen because it could not have happened. But, if you do nothing then this void foreclosing party used a void judgment to take your home in a void action. You only lose, if you don't play. My personal definition of void starts with this being a legal definition meaning never happened, not there, a nullity, never in effect, has no effect. To me, that means Void = Nothingness.
Definition of Void, opening, gap: empty space: emptiness, vacuum: the quality or state of being without something: lack, absence. a feeling of want or hollowness.
meaning of Void: · Containing no matter; empty. · Not occupied; unfilled. · The definition of a void is an empty space, whether physical or emotional. · Ineffective; useless
A contract rendered void. An open space or a break in continuity; a gap, A feeling or state of emptiness, loneliness, or loss. An empty space. A vacuum.
To take out (the contents of something); empty. Having no legal force or validity; null. To leave; vacate. To make void or of no validity; invalidate. Issued a new passport and voided the old one, Not occupied; vacant. Having no effect or result; Holding or containing nothing. Devoid or destitute (of),
Void of sense. Of no legal force; not binding; invalid; null. Capable of being nullified. Total emptiness; an empty space or vacuum. A break or open space, as in a surface; gap. A total absence of something normally present. A feeling of emptiness or deprivation. The void left by his death. To make void, or of no effect; nullify; annul. To make empty; clear. To vacate. To empty (the contents of something). Containing no matter; empty. Of no legal effect; empty; unenforceable; those provisions having no effect whatsoever.
Containing nothing; empty; vacant; not occupied; not filled. Having no incumbent; unoccupied; said of offices, etc. Being without; destitute; devoid. Not producing any effect; ineffectual; vain. Of no legal force or effect, incapable of confirmation or ratification. Null and Void. Containing no immaterial quality; destitute of mind or soul. (computing, programming, of a function or method) That does not return a value. An empty space;
Nobody has crossed the void since one man died trying three hundred years ago; it's high time we had another go. (astronomy) An extended region of space containing no galaxies. (materials science) A collection of adjacent vacancies inside a crystal lattice. (fluid mechanics) A pocket of vapor inside a fluid flow, created by cavitation. To make invalid or worthless.
He voided the check and returned it. To throw or send out; to evacuate; to emit; to discharge. Void means empty or useless or having no legal force. An example of the void is living a life of constant complaints and misery. An example of void is a canceled check. Void of understanding.
ORIGIN OF VOID
Middle English from Old French voide feminine of voit from Vulgar Latin vocitus alteration of Latin vacīvus, vocīvus variant of vacuus from vacāre to be empty euə- in Indo-European roots
Sentence Examples
He said nothing, void of emotion.
Alex was gone from their lives, leaving a void no one could fill.
The history of Mexico from 1884 to 1910 was almost void of political strife.
His death left a void in the queen's life which nothing could ever fill.
It was cold, sandy – and completely void of any other signs of life for miles.