It ain't what you don't know that get's you into trouble, it's what you know for sure that just ain't so!" -Mark Twain
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| by Danny Hammond of the 3/4 court press |
Let's just go through some real quick statistics here. In 1994 there were just 48 non-judicial foreclosures for the ENTIRE YEAR in Jackson County, Missouri (a large part of Kansas City, MO proper) It is probably about as average as a county can be. It contains areas of urban, suburban, rural, and forest. It is a good place for me to vet my own strategies. But, every county, city, or town in America will most certainly have the same ratios of wrongful foreclosures which are easy to spot in every county recorder's office.
By 2001 there were 1,700. By 2006 there were 7,200 Non-Judicial Foreclosures for Jackson County, Missouri.
For the last four years, there has been an average of 300 Non-Judicial Foreclosures per month or an average of 3,600 Non-Judicial Foreclosures per year for the last eight years.
That is 14,400 families displaced in one average county over four years and each and every one of these Non-Judicial Foreclosures was so fraudulent that it makes my eyes burn just to type this.
All of our country's courts are limited to having jurisdiction over disputes described as cases and controversies That means that two parties are arguing over their interests in the same subject matter.
In every foreclosure sale, I have ever read or heard about, the foreclosing party claims to have paid some amount of money for your home at a sale conducted by themselves and, in non-judicial foreclosure states, their personally substituted Trustee. (26 states have these unconstitutional sales)
Folks, It is a load of crap. They all are letting everyone believe it was a sure-fire honest deal. No, it wasn't. There is no way they had the legally obtained Promissory Note, or if it was Fannie Mae or JPMorgan or some other member of that ilk, there were probably two or three different versions of copies of your one and only Promissory Note filed into your court.
The judge can't help either party, but they do have to protect their own court. The United States Constitution makes it the COURT's responsibility to see that the foreclosing party can prove it was even injured. Injured means that they really LOST some money on your deal.
The courts are not doing this. The judges not seeing this lack of Standing are either crooked, biased, or stupid. Maybe all three. But, it is their own hide that they should be protecting.
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