CONTINUE
Also, in actuality, it is the court has the burden to review the original pleadings of the
foreclosing party to determine if it has in fact asserted any true and provable rights to
collect money from the borrower.
Also, in actuality, it is the court has the burden to review the original pleadings of the
foreclosing party to determine if it has in fact asserted any true and provable rights to
collect money from the borrower.
Without the right to collect money the foreclosing party should not have collected any money
and it follows that with no right collect, there can be no right to declare default which certainly
would void any right to foreclose.
Lately, I have been using the strategy of challenging the standing (which can be done, literally,
at any time) of the foreclosing party. Without two parties with a proven interest in the issues
of the case there is no standing for the foreclosing party and therefore the court has no subject
matter jurisdiction and must not proceed with the case.
This is US constitutional law. In this position the court (and judge, they are interchangeable)
has only one move it can make. It must dismiss the case or in a non-judicial foreclosure state
it must vacate and set aside the wrongful foreclosure.
has only one move it can make. It must dismiss the case or in a non-judicial foreclosure state
it must vacate and set aside the wrongful foreclosure.
You may have noticed that I use the words foreclosing party and borrower instead of Plaintiff
and Defendant. This is because in judicial foreclosure states the foreclosing party is the
Plaintiff and the borrower is the Defendant. But, under the statute and rules in states using
the bizarre and heinous non-judicial foreclosure it ends up being the opposite. The borrower
is the Plaintiff and the foreclosing party is the Defendant.
and Defendant. This is because in judicial foreclosure states the foreclosing party is the
Plaintiff and the borrower is the Defendant. But, under the statute and rules in states using
the bizarre and heinous non-judicial foreclosure it ends up being the opposite. The borrower
is the Plaintiff and the foreclosing party is the Defendant.
That is so confusing that I avoid Plaintiff and Defendant when describing "who done who
wrong”.
wrong”.
This is the most simple description of the central Mortgage Fraud issue that I have ever
written. It is my answer to his questions about a blog guy he had read and sent to me.
written. It is my answer to his questions about a blog guy he had read and sent to me.
Dear Kevin,
|
I am reading all of the case citations you sent me from the blog guy that posts videos while
driving in his car and wearing sunglasses and if I drive that image out of my head, he is saying
a lot of things that are close to what I am. It was interesting, but he is in a niche that is just
enough different that I cannot make it fit in my mind. I don't think we can find a useful way to
use this in the current environment.
driving in his car and wearing sunglasses and if I drive that image out of my head, he is saying
a lot of things that are close to what I am. It was interesting, but he is in a niche that is just
enough different that I cannot make it fit in my mind. I don't think we can find a useful way to
use this in the current environment.
The judges I have been dealing with these long seven years won't even acknowledging the
most simple and basic statute and constitutional civil rights. I can't even get them to write
anything in their orders and rulings that would indicate that they even read what I have written.
most simple and basic statute and constitutional civil rights. I can't even get them to write
anything in their orders and rulings that would indicate that they even read what I have written.
Kevin, the time has past for further research to come up with the magic bullet that will cause
the judge to jump up and exclaim "Oh, Kevin, now I see what you mean". The judge is in the
way. He is an impediment to justice. We must use the remedies that the old guys wrote into
the constitution to baby slap the judges. Any reader who has been following me this year
knows that this is what I call "The Danny Hammond Dick Butkus Offense. If Dick Butkus is all
that is keeping you from scoring a winning touchdown with one minute left on the clock, then
you gotta get him out of the game immediately. Anyway that you can. You really don't have
the luxury of studying your many dark "what ifs" because practice ended yesterday. Now its
Showtime.
the judge to jump up and exclaim "Oh, Kevin, now I see what you mean". The judge is in the
way. He is an impediment to justice. We must use the remedies that the old guys wrote into
the constitution to baby slap the judges. Any reader who has been following me this year
knows that this is what I call "The Danny Hammond Dick Butkus Offense. If Dick Butkus is all
that is keeping you from scoring a winning touchdown with one minute left on the clock, then
you gotta get him out of the game immediately. Anyway that you can. You really don't have
the luxury of studying your many dark "what ifs" because practice ended yesterday. Now its
Showtime.
The probably non-existent foreclosing entity is not your problem, nor are its attorneys. Your
only adversary is the judge. He is placing the burden of proof on you, the defendant borrower.
That is just not fundamentally sound logic and it is depriving you of your civil rights. You don't
have to win the case. The case is void. You just need to declare and prove that the case is
void.
You just follow the laws of subject matter jurisdiction and make the court enforce them, either
peacefully or in a borrower initiated god damned knock down drag out. You are not a victim,
unless you play by the judges rules. If you fight him and his no rules style of court by trying
to show him that your research has given you the good reasons you should prevail, you will be
a victim and a loser.
peacefully or in a borrower initiated god damned knock down drag out. You are not a victim,
unless you play by the judges rules. If you fight him and his no rules style of court by trying
to show him that your research has given you the good reasons you should prevail, you will be
a victim and a loser.
I meant that in the nicest and most civil of ways. D.
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IF YOU WOULD LIKE TO READ MORE ARTICLES FROM DANNY HAMMOND GO TO THE WEBSITE AT: https://foreclosurefraudanswers.com
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IF YOU WOULD LIKE TO READ MORE ARTICLES FROM DANNY HAMMOND GO TO THE WEBSITE AT: https://foreclosurefraudanswers.com
