The United States Constitution
by Danny Hammond mtgfrd.info@gmail.com
The judge promised when he took the job that he, or she, would enforce and protect the laws that come from the constitution and that they would defend the court ferociously from losing the public trust in the integrity of the court.
Maybe that was too much to ask from some pompous asses. Why did we all expect more of judges and attorneys anyway? If I am any part of the public, then I can tell you for sure, the courts have already lost some of MY public trust.
It is difficult for me to pull Borrowers back from their searches for Promissory Notes, and the Assignments of Mortgage, MERS, PSA, etc., etc., thinking like Dick Tracy and Perry Mason, as well as Captain Kirk looking for a way to "prove" that the party trying to foreclose on them does not have the authority, or, STANDING, to do so.
But, if what I say is true and the judges are letting the attorneys run amuck like the 2nd graders in my description, who can blame the attorneys for running amuck. "Amuck" is quickly becoming synonymous with the "actions of the courts" to me.
If you had seen judges simply ignore proof when it is presented as much as I have, then what I am now really trying to say is that this whole thing is only about Standing and nothing else. The initial burden of determining if the foreclosing party is a party with Standing is the review of the concrete and particularized evidence and the review of that evidence and the burden of proof is on the foreclosing party and the review of this "concrete and particularized" proof is the very foundation of law and it is the judge who must find Standing of the Foreclosing Party or refuse to take the case. The burden of investigating the "story" of the foreclosing is NOT ON THE BORROWER.