Showing posts with label Constitutional Standing. Show all posts
Showing posts with label Constitutional Standing. Show all posts

Friday, November 15, 2024

The Term "Void" Is Often Used In Contrast To "Voidable" And "Unenforceable". The Main Difference Is That An Action That Is Voidable Remains Valid Until It Is Avoided.

I was playing for time. Just for time. I played the wrong way, of course.”
Raymond Chandler



"Here cum da Judge"




   by Danny Hammond of the 3/4 Court Press.

  


Surely no one can truly believe that it is the Borrowers that come up with these bizarre scenarios? 

My sister uh, Mary, is an attorney, who is probably the smartest person I have ever known, was home this weekend and I asked about maybe we should be objecting to the new judge in this case who has oddly not committed a crime yet, and he was going to take over to provide cover for the original judge who had committed all of the crimes by removing the case to Federal Court.  That is like stealing 3rd base from 1st base.  No one would do that.  The Constitution is perfectly clear.  Not on stealing 3rd, but removing a VOID case to Federal court.  You can't do that.  

Although, if he says one more sentence, we are gonna pounce hard on him and make him the defendant, not as a judge but as himself, and make it stick.  

Mary came up with a Motion For Reconsideration, which startled me because I had actually begun to believe that was a term I made up, because I never had a judge comment on it, even though I tried it over 7 and a half billion times while helping Borrowers understand courts and such.

I told her that I just didn't see how you could remove VOID.  It is unthinkable.  Void cannot be arranged.  It is nothingness.  It never was.  I can never even be.

She kind of agreed.  But, neither of us could explain that notion in "earth terms". 

(You see most attorneys don't ever deal with law all that much.  Except sewer court rat attorneys like ambulance chasers and Borrower representation in foreclosure)

Borrowers have been treated differently than other contract law cases all along.  That is why we do not have contract law directly associated with our cases, which no one seems to care if this is true.  

That is why Blue Planet's attorney (Blue Planet in this case is the Foreclosing Party in this case and improbably changes from Plaintiff to Defendant at will) uses bombastic writings designed to wow and scare the defendants by bluffing and using what he says are reasons and truths that are neither.

In the first answered filed in the Complaint (lawsuit he wrote, The reason we have the right to foreclose, is because we are the ABSOLUTE owner of the Note by Assignment of the Mortgage on Jan. 25th, Stardate 26785.

He is not making even nominal good sense.   In law, rights must be proven that cannot just be claimed.  But, the bad guys have been doing it for 22 years and very, very rarely do they get caught.


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Saturday, August 31, 2024

Accounting Of The Foreclosure Sale Proceeds, Credit Bid and; Deficiencey Or Surplus Due To The Borrower

 ACCOUNTING OF THE FORECLOSURE SALE PROCEEDS, CREDIT BID, AND; DEFICIENCY OR SURPLUS


ACCOUNTING OF THE FORECLOSURE SALE PROCEEDS, CREDIT BID, & DEFICIENCY OR SURPLUS
FORECLOSURE SALE PROCEEDS, CREDIT BID, & DEFICIENCY  SURPLUS?




@mtgfrd  On YouTube Search

or search for - "Danny Hammond foreclosure" You will find it.

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Wednesday, June 19, 2024

The Crux of the Matter, The Thing itself, There is No Other THING, Because The Crux of The Matter, is That You Were Foreclosed On With The Assignment of Your Mortgage Or Deed of Trust.


This Is Not Possible in Law or Magic


"The secret of life is honesty and fair dealing. If you can fake that, you've got it made."

                                                                                                              Groucho Marx

               
Danny Hammond
of the 3/4 Court Press

This was a strange evening. I woke up in my recliner at 6 pm, only I thought it was 6 am. So I got up and had some breakfast, found out what my Ukrainian friends had accomplished, and began to read emails then I noticed it was 7 pm and I didn't now know, if it was the day before or the day after.  Then I realized that I was asking myseslf that question but I didn't know what I meant by after.

But, it was about to get weirder.

The very first email I opened generated the following response from me. It had to do with an affidavit by a "not so much" expert witness. It seems the Fake Foreclosing Party had lost the mortgage (or deed of trust depends on where you live, Reader). The expert witness was asking for a new mortgage so that it could be assigned (wtf?) because the real mortgage had been lost.

If you have read anything here and retained it, then you know that you can't lose a mortgage and that the assignment of your security instrument (mortgage, deed of trust, security deed etc.) simply cannot be done.  That it is not even that kind of a document.  READ MORE  


Would you like a free review of your loan docs?




Check out our recently upgraded YouTube Channel @mtgfrd or search "Danny Hammond Foreclosure that should get you in.  Leave comments.  And if you think I am on the right track, then like all the good ones say, "Subscribe, join, and hit the like button. It doesn't cost anything, but if enough of us join in it could make money.  We don't need as much as we used to.  It can be done with a small staff.  I have now seen it.

If you get a chance try the YouTube Channel all you put in search is "  @mtgfrd  "  I


Friday, November 10, 2023

The Constitutional, Irreducible, Minimum Requirements of Article III Standing As Defined By the The United States Supreme Court- From "The Pro Se Series" by Danny Hammond: Foreclosure Fraud Primer 101 #4

All power is originally vested in, and consequently derived from, the people.”

The United States Constitution


by Danny Hammond of the 3/4 Court Press  


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 public perception of the court ferociously in order to keep 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 RIGHT or, STANDING, to do so.


mtgfrd.info@gmail.com

Check out the recently upgraded YouTube Channel @mtgfrd or search "Danny Hammond Foreclosure that should get you in.  Leave comments.  And if you think I am on the right track, then like all the good ones say, "Subscribe, join, and hit the like button. It doesn't cost anything, but if enough of us join in it could make money.  We don't need as much as we used to.  It can be done with a small staff.  I have now seen it.

If you get a chance try the YouTube Channel all you put in search is "  @mtgfrd  "  If that doesn't work you can search "Danny Hammond Foreclosure"  I think that will take you right there.

More information here tomorrow.   You can email me at   mtgfrd.info@gmail.com

I Have Been Involuntarily Running All Of This Through My Head Every Day For Ten Years. Is There Any Hope? Yeah, I Think So, If More Of Us Work Together

An escalator can never break:  it can only become stairs. 

You should never see an "Escalator Temporarily Out Of Order" sign;

just "Escalator Temporarily Stairs. Sorry for the convenience."

                                                                       Tom Kibler & Danny Hammond & Mitch Hedberg

Everyone is a critic!

SEEN ON A REALLY  BIG BUMPER STICKER:

I'm talking about the real owners now, the real owners, the big wealthy business interests that control things and make all the important decisions. Forget the politicians. 


The politicians are put there to give you the idea that you have freedom of choice. You don't. You have no choice. You have owners. They own you

They own everything. They own all the important land. They own and control the corporations. 

They’ve long since bought and paid for the senate, the congress, the state houses, the city halls, they got the judges in their back pockets and they own all the big media companies so they control just about all of the news and information you get to hear. 

They got you by the balls...They’ll get it. They’ll get it all from you, sooner or later, 'cause they own this fucking place. It's a big club, and you ain’t in it. You and I are not in the big club. And by the way, it's the same big club they use to beat you over the head with all day long when they tell you what to believe. 

All day long beating you over the head in their media telling you what to believe, what to think and what to buy. The table is tilted folks. The game is rigged, and nobody seems to notice, nobody seems to care. 

~ George Carlin
                                            mtgfrd.info@gmail.com   To Comment Or Ask Questions


I am going to inactivate this website for maintenance.  It needs some tuning up and changes after 14 years. We are going to need it for my plan to form an association of Borrowers to raise money to help as many  as we can.

I will leave messages here.  But, check out the recently upgraded YouTube Channel @mtgfrd or search "Danny Hammond Foreclosure that should get you in.  Leave comments.  And if you think I am on the right track, then like all the good ones say, "Subscribe, join, and hit the like button. It doesn't cost anything, but if enough of us join in it could make money.  We don't need as much as we used to.  It can be done with a small staff.  I have now seen it.

If you get a chance try the YouTube Channel all you put in search is "  @mtgfrd  "  If that doesn't work you can search "Danny Hammond Foreclosure"  I think that will take you right there.

More informatrion here tomorrow.   You can email me at   mtgfrd.info@gmail.com

Monday, November 6, 2023

It Doesn't Matter When You Demand A Jury Trial. The Judgment Was Void, But Not Because A Ruling By A Judge Made It Void. Void Had Already Happened, The Foreclosure Case Was Void"


I was playing for time. Just for time. I played the wrong way, of course.”
Raymond Chandler
Danny Hammond of the 3/4 Court Press

How are they getting these wonderful cards?   




    

    I just got off the phone with Tom Kibler, we talked      for an hour and a half and he hadn't had                        any coffee.  So, of course, a breakthrough moment     in our conversation was not anticipated.  The               question was, "We know how simple this is, but                                                                                                    why can't we making it simpler?"  "We are better than this."

We know that nearly every ruling or judgment in tens of millions of fraudulent foreclosures is a void judgment.  Void is a defined word.  Nothingness.  Not there, never was there.  Even stronger the void judgment was void ab initio.  

That is latin legalese (Then they should just speak it in Latinalia) which means "from the beginning."  

It was void the moment it was made.  Our only disagreement was how do you use that so that even a judge could understand it.  Tough assignment.   READ MORE             

I am going to inactivate this website for maintenance.  It needs some tuning up and changes after 14 years. We are going to need it for my plan to form an association of Borrowers to raise money to help as many  as we can.

I will leave messages here.  But, check out the recently upgraded YouTube Channel @mtgfrd or search "Danny Hammond Foreclosure that should get you in.  Leave comments.  And if you think I am on the right track, then like all the good ones say, "Subscribe, join, and hit the like button. It doesn't cost anything, but if enough of us join in it could make money.  We don't need as much as we used to.  It can be done with a small staff.  I have now seen it.

If you get a chance try the YouTube Channel all you put in search is "  @mtgfrd  "  If that doesn't work you can search "Danny Hammond Foreclosure"  I think that will take you right there.

More informatrion here tomorrow.   You can email me at   mtgfrd.info@gmail.com

Tuesday, October 3, 2023

I Quit Consulting With Borrowers Regarding Foreclosure Fraud for Two Reasons.

And the men who hold high places,  Must be the ones to Start, 
To mold a new reality, Closer to the Heart.

The Blacksmith and the Artist, Reflect it in their art
and Forge their creativity, Closer to the Heart.

Philosophers and Ploughmen, Each must know his part 
& Sow a new Mentality, Closer to the Heart.

You can be the Captain and I will draw the Chart, 
Sailing into destiny, Closer to the Heart.

Closer to the Heart. 
                                                    Rock Band "Rush"



1.  I Finally Realized We Were Going About It With Our Beliefs In Laws That Could Never Help Us. 

This was becaue the old laws do exist just like always.  The old laws which have been around since most of the territories became states, ARE NOT BEING ENFORCED.   

There are laws still being enforced that specfically address this problem.  They are not your state laws even if you address them in a state court.  They are in the base root laws in the Constitution of the United States.  There is no such thing as "the right to foreclose" which your foreclosing party asserts.

The right that they must have is the right to collect money from you.  Did you see your foreclosing party's name on your Promissory Note.  I am betting you did not.  I am positive you did not.

As the Borrower, you have no responsibility to "Prove that you have the victim of fraud."  Not understanding that has taken up 15 years of my time on the wrong end of my life.  "It is called burden."

The burden of proof in a foreclosure situation is squarely the burden of the foreclosing party and to an even Greater Extent upon the Judge.  It is part of the civil rights amendments that pertain to everyone in the United States.  You included.  You have the civil right, and always have had, to Due Process.  That is, you have a right to the same laws as everyone else to have your case watched over by a judge who uses the laws and fullfils his duties that he gave an oath to do when he was "hired" to be a judge.

2.  Borrowers, about to lose their homes, believe me when I tell them the above, but they can't do it.  

We all have been indoctrinated since childhood to believe that the sytem is America and it is just.  If we have nothing to hide, there is a system of laws that will protect us.   We believe that the word "attorney" is synomous with the word "law" when it is not.  The system was to be taken care of By The People.  It is being taken care of By The Attorneys.  Remember judges are attorneys.  They are all in the same cult.

The Borrowers (including myself) had this untrue vision that if you have a legal problem, the solution was to get an attorney and if your cause was true and good your attorney would guide you to prevailing.  

Oh, my dear children.  You know that something is more wrong than this, don't you.

You just can't shake the idea that attorneys and law are two parts of the same thing.

You will most assuedly keep that notion until they run you out of money, out of time and out of options.  When you have no money, when you have no time, when you are out of time, you will call me.  A Borrower, who has already reached that point.  Hopefully you won't comb the internet for someone trying to sell you a program whose purpose is to make money.

There is a better way.  But, you must get involved and know the material.  Know the true issues.
Face the fact that this is really happening and that even I can't help you unless you are willing to help yourself.  It is the American dream.  Act like it is the dream you wanted.


                                                            
mtgfrd.info@gmail.com - To Comment or Ask Questions


Sunday, July 2, 2023

RATED LO For Disturbing Language by an Old Guy: In Debating About When It Is The Right Time to Sue Your Judge and Why I Have Become a Little Testy. I Just Wrote This To Tom Who I Really Respect.

“I needed a drink, I needed a lot of life insurance, I needed a vacation, I needed a home in the country. What I had was a coat, a hat and a gun. I put them on and went out of the room.”
                                            
                                                                                           ― Raymond Chandler, Farewell, My Lovely
 One Of Those New Baby in a Box Gifts

  Tom, more than two times in that old law thing that you had me read, it            clearly says “It was formerly a rule on pleading that pleas……" This could        be a reference to old common law or even English law.

  Nowhere did I see stated any current law. I have read and researched and in    real life interaction with judges I have never seen any resistance to a pro Se      filing anything that an attorney can file. 

  Now I have seen judges not rule on a filing in 180 days when they only have    30 to rule on a dispositive motion. 

It is my strong opinion that a judge who has not taken up any dispositive Motion from me as directed by MO Sup Ct Civil Procedure (and the federal court system)  has committed the crime of deprivation of my civil rights. 

 But you can’t jump up on his bench and slap the dumb fuck around until he recognizes his duty. (Although I am thinking about trying) 



Friday, May 12, 2023

Jeffrey Stephan 2nd Deposition: How Do You Confess To 10,000 Foreclosure Forgeries Per Month and No One Goes To Jail? Why Doesn't The American Public Know? These Are Well-Published Facts.

"If there must be trouble, let it be in my day, that my child may have peace".   
                         December 19, 1776, Thomas Paine, The American Crisis, ...

I am not posting the 2nd deposition of the most notorious
Robo-Signor of alll time so you can learn something new.
It is because you won't. I spend the day telling stories about
the home loans of American Borrowers including you.



                                                                                            by Danny Hammond of the 3/4 Court Press





                            


Wednesday, May 10, 2023

The Constitutional, Irreducible, Minimum Requirements for Standing

MORTGAGE FRAUD PRO SE PRIMER 101 #4:  THE CONSTITUTIONAL IRREDUCIBLE MINIMUM REQUIREMENTS FOR STANDING AS DEFINED BY THE UNITED STATES SUPREME COURT


Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities. Truth isn’t.”

                                         Mark Twain


Actually, it is Strange, That Is Truther Than Fiction.

Danny Hammond


If you walk into a 2nd grade elementary school class room and see that all of the boys are standing on their desks shaking their butts, laughing and shouting, and throwing things at the girls in the class, who respond by screaming and running, and then you notice that the 2nd grade teacher is setting at his desk doing nothing to stop the chaos, would you really blame, the children?

No, it is the teacher who is in charge of the room.  If the teacher does not enforce the rules of classroom behavior, then the children will act like wild monkeys.  How would they know not to? 

It is no different than the judge in the court case who is charged with controlling and enforcing correctness in information and procedure in a court case.  

If the judge does not enforce the constitution, which is all that keeps this country great; or If the judge does not make the attorneys prove their claims and/ or does not keep them from claiming transfers of ownership of essential Promissory Notes with assignments of incidental security instruments (mortgage or deed of trust) which do nothing but describe the collateral, then, of course the attorneys are going to forge and fake and lie, worse than wild monkeys. (Carpenter v Longan US Sup Ct 1872 from the Colorado Territory (except the monkey part)

Then lack of subject matter jurisdiction is the fault of the judge of the court.  He or she has wrongly put the burden of proof of standing on the borrower (very nearly every time), yet it is very clearly the burden of the court.  The court is allowing the Borrower to prove he was defrauded.  That is bizarre.  The very definition of fraud means it was hidden from the borrower.

Continue Reading


Comment or Ask Questions At: mtgfrd.info@gmail.com Comment or Ask Questions








Sunday, May 7, 2023

THEY'RE GONNA PARTY LIKE IT'S 1999! DANNY HAMMOND FORECLOSURE FRAUD PRIMER 101 - JUST WHAT DID CAUSE THE WALL STREET MELTDOWN OF 2008

 (Mortgage Meltdown Is The Wrong Terminology.  It was a Wall Street Meltdown)

These words below do not come from current events.  They aren't the only quotes from this famous writer. They all have something to do with my thinking, as I have tried to do the right thing for all Borrowers who were cheated from obtaining the American Dream.
 
 “Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth.”

 “Waste no more time arguing about what a good man should be. Be one.”
 
 “Understand at last that you have something in you more powerful and divine than what causes the bodily passions, and pulls you like a mere puppet. What thoughts now occupy my mind? Is it not fear, suspicion, desire, or something like that?”
 
 "The art of living is more like wrestling than dancing, because an artful life requires being prepared to meet and withstand sudden and unexpected attacks.”
 
 “You shouldn’t give circumstances the power to rouse anger, for they don’t care at all.”  Anger is not thought.  Anger is anti-thought.
  
 Marcus Aurelius Antoninus was Roman emperor from 161 to 180 AD and a Stoic philosopher. He was the last of the rulers known, non-contemporaneously, as the Five Good Emperors and the last emperor of the Pax Romana, an age of relative peace, calmness and stability for the Roman Empire lasting from 27 BC to 180 AD
 
 

by Danny Hammond of the 3/4 Court Press
 


For those of you who have followed the news for the last several weeks, did you notice that four medium banks had failed suddenly?
 
 The word "medium" is what I would like to point out first.  These were medium banks by todays measure.  Before 1999 they would have been mega banks.  But, the last of these four recent banks to fail and be snatched up by the one time failures of Wall was purchased by JpMorgan Chase Bank a bank that is mega by today's standards.  JpMorgan Bank, Bank of America, Citi, Wells Fargo
 
 In September 2008, Congress approved the “Bailout Bill,” which provided $700 billion to add emergency liquidity to the markets. Through the Troubled Asset Relief Program (TARP) passed in October 2008, the U.S. Treasury added billions more to stabilize financial markets - including buying equity in banks.
  
Now, if you don't know this you should.  That when you read the government used money to prop up the same broke banks that stole our houses that the government they were talking about was our government.  In other words, you as a taxpayer and all of your taxpayer compadres took this burden on our consolidated taxpayer backs.
 
The Federal Reserve began buying the same mortgage-backed securities that myself  
and everyone I know that thinks about this stuff looked for many years years to find any mortgage-backed securities and found none.  The Federal Reserve which is not part of the US Government is an association of US Banks has been buying $40 Billion of mortgage-backed securities every month by printing the money (which is very, very inflationary) with our money printer which is again placed on the backs of the US taxpayers.  (If you are a taxpayer this includes you)
 
What caused all this ruckus?  Well our government in 1934 was nothing like the lunatic asylum that it is today.   Smart men with no television and no mega yachts, and believed in facts and truth studied what caused the 1929 Wall Street Crash and the ensuing Great Depression.  The law that they came up with was called the Glass-Steagall Finance Act of 1934.
 
Any one can understand that the two most important parts of it are what kept our country's economy safe for nearly 70 years.  In 1999 the democrat president Clinton and a Republican Congress thought it would be best if they repealed Glass-Steagall in full without putting back any laws in its place.  8 years later all of our lives were destroyed and we were left with nothing except the pleasure of paying all of the broke mega banks money to make them rich again.  And we have a worn out money printer to replace.
 


 

Saturday, April 23, 2022

From "The Pro Se Series by Danny Hammond: THE IMPORTANCE OF CHALLENGING THE CONSTITUTIONAL STANDING TO FORECLOSE CONCERNING YOUR FRAUDULENT LENDER AND THE "SUBJECT MATTER JURISDICTION" OF THE COURT. THIS IS EXACTLY THE SAME IN BOTH JUDICIAL AND NON-JUDICIAL FORECLOSURES AND STATE AND FEDERAL COURTS

“Until you guys own your own souls you don't own mine. Until you guys can be trusted every time and always, in all times and conditions, to seek the truth out and find it and let the chips fall where they may—until that time comes, I have the right to listen to my conscience and protect my client the best way I can. Until I'm sure you won't do him more harm than you'll do the truth good. Or until I'm hauled before somebody that can make me talk."      Raymond Chandler "High Window"

Republished by Danny Hammond


IF YOU ONLY RETAIN THREE WORDS FROM THIS POST YOU WILL NOT HAVE WASTED YOUR TIME.


THE WORDS ARE:  "INJURY IN FACT"



Article III of the Constitution of the United States as defined by the U.S. Supreme Court has long ago established a constitutional, irreducible, minimum set of requirements for a party in a genuine dispute to establish that it has the Standing to redress a claimed "Injury In Fact" before it can bring a dispute before any court.

Without the existence of Standing all courts in the land must acknowledge that the court has no subject matter jurisdiction to hear any merits of a case and that it has no choice whatsoever but to dismiss the subject action.

In Borrower's cases, this subject action is the claim that the foreclosing party is the party in interest that has the "right" to foreclose on a Borrower's property and that it is claiming and proving that it has been injured by the Borrower enabling its right to foreclose.
The three requirements to prove Standing in a case involving Judicial Foreclosure state foreclosure actions in which the foreclosing party is the Plaintiff and the Borrower is the defendant.



To Comment or email:   mtgfrd.info@gmail.com


Wednesday, April 6, 2022

THE LETTER: A Letter From A US Citizen Whom, It Seems, Feels The Same Way As Me About The Problem Of Judges Using Their Jobs, Without Constraints, To Abuse The Meanings Of Constitutional Law And To Violate Their Own Oaths

“Power tends to corrupt, and absolute power corrupts absolutely”

                                              Lord Acton, an English historian, politician, and writer


I have not edited any of the words of this letter below, however, I did add spacing since the writer (perhaps a bad student) wrote this harsh observation as a single paragraph and it was a little hard to read.   DLH


 


THE LETTER:


At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government.

Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large;

That these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before anyone has perceived that that invisible and helpless worm has been busily employed in consuming its substance.

In truth, man is not made to be trusted for life, if secured against all liability to account.

                              Thomas Jefferson: letter to Monsieur A. Coray, Oct 31, 1823



Republished by Danny Hammond.  This and other posts will be placed not chronologically, but by relevance.  They are in the order that I wish I would have learned the information.  DLH


 



Saturday, December 19, 2020

IT IS ALWAYS THE INNOCENTS. THEY ARE JUST FAMILIES WHO BELIEVE IN THEIR COUNTRY AND ITS SYSTEM OF JUSTICE. I'M SICK OF IT. THE CRIME IS ALWAYS DONE THE SAME STUPID LITTLE WAY. THE DEVIL IS IN THE DETAIL

Each Case Looks Different.  Each Borrower Thinks That His or Her Case Has Special Details of Fraud or Criminal Behavior.  Their Cases Are Not Different. Your Case Is Not Different.

So, Listen Up Kiddos.  Here Are The Details That The Devil Is In (Learn it, Love it, Live it)

"A settled plan to deprive the people of the benefits, blessings, and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.'''  
                                        John  Adams, Novanglus Papers, 1774

When I get a call from a Borrower wanting to talk over their foreclosure situation I always show them that they have nothing new, by showing them a magic trick.  I tell them that I need two pieces of their records to put their case into a timeline.  (See my article "It is a Straight Line" Everything is a Straight Line").

There are basically two sets of records in every case that exist and that have been based on the same set of fraudulent information since 1999.  It never changes.  There is no good reason to think about it.  It makes no difference if your state is a judicial foreclosure state or a non-judicial foreclosure state.  It doesn't matter if there is a server named Ocwen, Greentree, SPS, or the newly discovered Planet Mortgage.  (The real name of a new mtg broker.)

The two sets of records are:

1.) The court docket is the listed items that have been "filed" into your case in the order and the date that they were recorded.  This begins with a lawsuit (sometimes called a Complaint or Petition) and runs until there is an order or ruling which ("appears") to end the case.  In a case filed before 1999, this filed order probably did end the case.  That is not true, but we will get to that.

The docket includes everything that makes any difference which was filed by you, the foreclosing party, and the court.

2.)  All of the instruments, documents, liens, and other "things" that have been recorded by the recorder's office in your county on or against or for the legal description in your case.  If your case is a Federal Court the filed docket is there and the recorded "things of all kinds" affecting the legal description of your property are still at your county recorder's office.

First I will go in the loose order of what I expect I am going to see in every case.

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