PART 1: The Deck Has Been Stacked Against Us. Read What I Have Just Learned Here. Danny Vs Ai And Realizing I Need To Drag Ai Into The Real World Of Foreclosures and Criminal Involvement

Is there a way to save my home, Or is this going to make me cry?

As long as you don't panic while reading, and wait for the ending, I think this justifies my pursuit. 

Watch Me Closely and Don't Look Down!

There is more to this than meets the eye.  What you think is hopeless, has hope.  What gives you hope is hopeless.  

I quit working on foreclosures 3 times while working on all 3 parts below.  In all it was about 8 hours of hoplessness and hope. In the end.  What we need to do is exactly what I have done successfully over the past two years.  

We have lost one great advantage.  However, we never had it.  Several Supreme Courts have been lying to us for a long, long time and they have eroded our constitutional rights.  

In the most heinous and egregious ways they have already given all judges super powers that are not in the constitution.  

The Constitution forbids this.  It does no good to fight it, for now.  We still should win, it is just harder but within reasonable effort.

I have not been much of a fan of Ai Man. But, I never really tried to understand why I found the Answers to be elementary and not of much help if your problems you were trying resolve were not straight up mainstream. Like Crime in Foreclosure. 

I accidentally ran into Ai Man and I just happened to start up a conversation. It lasted 8 hours. Three sessions. I learned how to ask the questions that there was no way Ai Man could answer unless I addressed my questions from my real world perspective. 

Then, "sonofabitch" if I didn't begin to understand what he needed from me to help me.

I gave it up twice. But, just as soon as I walked away, I realized what I wanted to talk about next. It was incredible what I learned by the end of our session.

There is some bad here. Real Bad. But, as I continued this discussion, I found a more limited pathway to saving homes, including mine. But, this pathway is a more solid pathway. If you don't read it all three parts, you won't understand one more thing than you do now.  I won't be able to spend the time trying to explain it to everyone who calls me.  Just read it to the end of the last section.

It all began innocently enough. Neither me or Ai Man suspected the circuitous route it was going to take.


First Question:

 
"Danny to Ai Man: An Interview Between A Man, A Machine and Justice"


Danny to Ai Man: In a civil court case can a defendant sue a Plaintiff for a fully false case?


Ai Man To Danny: Yes, a defendant can sue a plaintiff for a fully false case, though the ability to do so depends on the specific nature of the misconduct and jurisdiction.

Malicious Prosecution: A defendant may sue for malicious prosecution if the plaintif initiated a criminal or civil charge with knowledge that the claims were false and with a wrongful purpose. This typically requires the defendant to have received a favorable ruling on the original charge before filing the counter-suit.

Abuse of Process: Claims can be filed if the plaintiff used legal process for an ulterior motive or purpose not proper in the regular conduct of the proceeding.

Defamation: If the plaintiff made false statements of fact that harmed the defendant’s reputation, the defendant may sue for defamation (slander or libel). However, statements made in court filings are often shielded from liability on constitutional grounds (such as the right to petition). (This is from the 1st Amendment. Coincidentally We are using this now.)

Sanctions and Frivolous Litigation: Courts may impose sanctions or award attorney’s fees if the plaintiff’s claims were brought in bad faith, solely to harass, or were without any reasonable basis in law. In egregious cases involving repeated frivolous lawsuits defendant may sue for vexatious litigation.

Perjury: Lying under oath constitutes perjury, but this is primarily a criminal matter that prosecutors are less likely to pursue in ordinary civil cases, making it difficult to use as a direct basis for civil damages. Recovering damages is often difficult because plaintiffs have constitutional rights to access the courts, and defendants may face counter- claims (such as Anti-SLAPP motions) if their own counter-lawsuit is deemed meritless or intended to chill the plaintiff’s rights.

Danny To Ai Man;  If a Judge does not review for Standing in a civil case and rules for the party without Standing does not the 1st, 4th, 5th, 11th, and  the 11th Amendments remove the judge's immunity to prosecution by a party?

Ai to Danny; No, the 11th Amendment does not remove a judge's immunity to
prosecution or civil suit for failing to review standing or ruling for a party without standing.

AI Continues:
Distinction Between 11th Amendment and Judicial Immunity

The 11th Amendment provides sovereign immunity to states (and state agencies) from being sued in federal court by citizens of another state or foreign country. It does not govern the personal immunity of individual judges. Instead, judges are protected by judicial immunity, a common law doctrine reinforced by federal statutes (such as 42 U.S.C. § 1983 interpretations) and Supreme Court precedents like Stump v. Sparkman (1978).

Judicial Immunity: Judges have absolute immunity (this is where I went off of the rails) from civil liability for judicial acts performed within their jurisdiction, even if those acts are alleged to be erroneous, malicious, or in excess of authority. Failing to properly assess standing or making an incorrect ruling on standing is considered a judicial act. 

11th Amendment Role: This amendment shields the state itself from liability.

While a judge sued in their official capacity might invoke 11th Amendment protections on behalf of the state, the judge's personal protection comes from judicial immunity, not the 4th, 5th, 11th, or the 14th Amendments

Consequences of Ignoring Standing

 
Danny Continues: And If a judge rules without verifying standing?

 
Ai Man Continues; You have Appeal/Reversal: The primary remedy is an appeal.  

(At this point, I was going to tell you that they have just shut you out of your cases, I was astonished. 

But, there is some hope. I learn how to argue with a "thing" later in our debate)

AI Man Continues: An appellate court can reverse the judgment because standing is a threshold requirement for subject-matter jurisdiction. If a party lacks standing, the court arguably lacked the power to hear the case.

No Personal Liability: The losing party generally cannot sue the judge for damages or prosecute them personally for the error. Judicial immunity protects judges from civil suits for their judicial decisions, even if those decisions are legally wrong.    (?)

Exceptions to Immunity: Immunity is lost only for non-judicial actions (administrative or legislative acts) or for actions taken in the clear absence of all jurisdiction (e.g., a probate judge trying a criminal case). Merely misapplying the law of standing while presiding over a civil case does not constitute acting in the "clear absence of all jurisdiction."

Criminal Prosecution, Judicial immunity is a defense against civil lawsuits, not necessarily criminal prosecution. 

However: Misconduct vs. Error: A simple legal error (like over looking standing) is not Corruption: Prosecution would require evidence of criminal conduct such as bribery, fraud, or corruption, not just a mistaken ruling.
Impeachment/Discipline: Judges may face disciplinary action or removal, or impeachment through judicial conduct commissions for gross misconduct or repeated incompetence, but this is an administrative/political process, not a private prosecution by litigant.

Danny to AI: What if the judge is sued in his individual capacity?

Ai To Danny: No, suing a judge in their individual capacity for failing to review standing or ruling incorrectly on standing generally fails due to absolute judicial immunity.
standing or ruling incorrectly on standing generally fails due to absolute judicial immunity.

Continue Reading This Is What You Need To Know