"The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse."
James Madison
 |
| by Danny Hammond |
I just got an email from a reader who was asking me once again, to tell him the best way to prove that a foreclosing party was not a "party in interest". I am working on turning in a federal lawsuit against a federal lawsuit next week. I have answered this question a thousand times (gross exaggeration). The answer is always the same. A borrower never has the burden of proof. It is the foreclosing party and the judge of the court that have that burden. Borrowers don't try to find your Promissory Note, it is the foreclosing party that does not have that note. Why would you help them? Make the court run the case as was directed in Article III of the constitution. That answer can be found in multiple places in this blog. But, I had a different answer to the problem. Read it below.
Richard, I have been preaching the same thing for a year and a half. The laws cannot vary from state to state. The vast majority of judges are not even aware of the laws that remove their immunity due to actions of their own.
