Friday, March 20, 2020

From "The Pro Se Series" by Danny Hammond: THE AFTER EFFECTS OF BEING WRONGFULLY FORECLOSED ON WILL FOLLOW YOU; YOUR PROBLEMS ARE NOT OVER JUST BECAUSE YOUR FORECLOSURE IS OVER; JUST AS SOON AS THE FORECLOSURE SINKS IN; NEXT COMES EVICTION; AND THERE ARE STILL MORE CASCADING AND PAINFUL CONSEQUENCES YOU MAY STILL ENDURE

"Suppose you were an idiot, and 
suppose you were a member of Congress; 
but I repeat myself."                                     
                                                      Mark Twain


FORECLOSURE AND EVICTION WILL HAVE DEVASTATED YOUR CREDIT SCORE AND  EVICSERATED YOUR SELF-ESTEEM;

YOUR ABILITY TO RENT AN APARTMENT WILL BE A DIFFICULT OR IMPOSSIBLE CHALLENGE AND YOU MAY HAVE A PROBABILITY OF BEING SCAMMED BY THE BIG APARTMENT OWNERS AND THEIR MANAGEMENT COMPANIES AND YOU MAY BE EVICTED AGAIN OVER AN ILLEGAL CLAUSE IN THE LEASE; 


YOU WILL FACE DIFFICULTY IN BUYING OR RENTING A CAR; 


YOU WILL LIKELY BE UNABLE TO GET A CREDIT CARD; 

ANYONE CAN ADD MORE, BUT I KNOW YOU GET THE GIST OF IT



by Danny Hammond


I.  WRONGFUL FORECLOSURE & WRONGFUL EVICTION

I haven't written about this subject and I don't know why I did not get to it sooner. I write for this website to inform Borrowers instead of trying to sell you some old myths and lawsuit templates. I am a victim myself and it has been a continuous painful ordeal as other problems hold you back from any recovery.  

Mortgage Fraud is the largest and most disruptive and wretched plague that any United States Congress has intentionally cast over a certain group of citizens.  To say that Congress targeted and complied with the demands of Wall Street is a disgraceful thought with limits.  But, the key to wrongful foreclosures is the judicial system.  Its the judges who have systemically and universally cooperated in the largest Ponzi scheme in the history of the world by issuing rulings and orders in favor of Imposters and Fictitious Payees (legal terms defined in the Uniform Commercial Code (UCC) defying logic and simple evidence.  


Most judges are putting the burden of proof on the Defendant (Borrower), or, actually, they are just doing nothing to stop the Borrower from trying to prove that the foreclosing party has committed fraud and doesn't have the right to collect money or foreclose on him. Therefore, the Plaintiff (foreclosing party) appears to have Standing to bring this foreclosure lawsuit before a court. But, that is wrong.  The Borrower has no obligation of the burden of proof of Standing.  This violates the Article III Standing definition of the US Constitution which clearly places the rules of burden of proof on two parties.


THE FIRST PARTY which bears the burden of proof to prove STANDING is the foreclosing party:


A Plaintiff that wants to bring a lawsuit before a court must claim to have suffered an injury and proved it with "concrete and particularized" evidence.  Without the Plaintiff having an injury to claim, there can't be a genuine dispute for the court to settle.  So, the alleged foreclosing party Plaintiff's original lawsuit must have words in it that prove "beyond a reasonable doubt" that it is owed money because it paid some money and someone didn't give it back.  I learned from a mentor years ago to not just read a contract (a home loan agreement is a contract), but to read it literally, "what do the words say"?


THE SECOND PARTY  which bears the burden proof and who must... CONTINUE READING