Why Not Recuse the Judge for Bias?

The process is simple and frankly most of the orders denying the motion for recusal are probably defective. So you end up facing the same Judge whom you have already accused of being biased. Besides that obvious fact that you won’t get the result you want, there is another more important reason. You are most probably wrong.

Now that I have returned to actual trial practice as a foreclosure defense attorney, and as a lawyer who represents lenders and small banks who ended up holding fraudulent, worthless mortgage bonds, I have appeared before many judges. The spread has been both geographical and chronological, gender and cultural. I have not found a biased judge. I have not found a judge who has it in for borrowers. All Judges harbor perceptions and opinions, but I have found universally that the Judges understand they are there to call balls and strikes and not to determine the outcome of the case until it is really over.

As with all professionals, some judges are better than others in their experience, demeanor, education and training. Some understand the rules of evidence better than others, and some work harder than others. Wednesday I had a judge who knew a little about Foreclosures but was obviously willing to learn more, and who was actively researching on his own while the two sides battled out the legal arguments. I didn’t like some of his rulings and on some of his negative rulings I was compelled to agree because of his reasoning and on other negative rulings, I think he was wrong and preserved my rights on appeal. Mostly my objections were sustained. I think the problem is that most foreclosure attorneys fail to object timely and waive the issue.

The truth is that Judges don’t care about you or your case and they are not required to care. If they actually did care about your case in the he way you want then they would be biased — toward you. They don’t know you and they have no stake in the outcome of the case in most cases. I know many judges personally as well. They have varying views, none of which actually prejudices a decision in any court action.

So except in rare cases, look to yourself and your presentation, look to your own preparation, demonstrative charts and exhibits, and establish that the homeowner is not using the system to obtain a windfall, an unfair result, and start proving that it is the pretender lender is attempting to achieve a windfall — with real evidence and really proves your point in the one case you are litigating — or the consolidated cases you are litigating. If the judge rules against you it might just be that you didn’t make your point persuasively. If he or she rules against you it might just be that you failed to explain your point well enough for the judge to understand. If you lost it might be that you didn’t prepare well enough on the rules of evidence and burden of proof.

The prima facie case of the Plaintiff is really quite simple for the pretender lender unless you can find some facially defective elements in the mortgage, the origination, or the assignment. If a defect isn’t obvious on the face of the documents you are going to have the burden if proof change to you. The voir dire of the witness and the objections during the direct examination of the corporate representative might not have been used to their best advantage to start educating the judge, realizing that in most cases there is no magic bullet that is going to win your case.

This is where a title and securitization report, like the one I offer on the LivingLies store at http://www.livingliesstore.com, give direction to the defender, the lawyer the pro se litigant. You need to know where you are going with your questioning and why you are asking a particular question. If you don’t, then an objection from opposing counsel on relevance will be sustained because you were unable to explain why it is relevant. How many times did you prepare and run through the opening argument, the closing argument, the questioning of witnesses?

I find that if I interpose a real objection based upon credible grounds that it is sustained more than it is overruled. I have moved several cases from a losing track to at least a fair chance tract — not because the judge thinks borrowers should win, but because I raised relevant objections that were based upon a credible foundation — as to the specific piece of evidence being proffered by the other side or by me.

Stop taking it personally. Nobody in the courtroom knew your name before your case was called and few remember it after the hearing is done.

49 Responses

  1. I DON’T UNDERSTAND WHY ANYONE WOULD WANT A MODIFICATION, YOUR ONLY REAFIRMING A FRAUD.

  2. todd w – seems to me one has to specifically identify material he wants protected.

  3. Wow Neil! Why don’t you explain what a real attorney does when you actually do “Recuse” two separate “Federal Judges? Why don’t you tell us about the “Lies” we face as “American’s” trying to fight the good fight? It takes a lot to get “Judicial Recusals” you can even get them, and have “No One” willing to “Help You!” Knowledge is “Power” and I will say this “I was apparently “Born A Conflict of Interest!” Put your keyboard to work “Mr. Garfield” we’re impatiently moving forward past interests “That as you say “Don’t Give A Shit About Us!”

  4. One More Thing Just Me …. If they cant warrant title … make them post bond,……………… or you could call a rescission and take what you are owed and walk away… but don’t warranty nuttin in title!! Nope! Nope! Get Any Agreement Reviewed by Attorney!

  5. Just Me, Congrats!

    I know you do not want to hear this …. But I beg of you! ….. Take the Mod Agreement to Experienced Attorney or Legal Aid Attorney and have it Reviewed! These Buttwipes writing the Mod Fraud will ScRew You Royally! Protect Yourself! Title Ins … Dear…..TITLE INSURANCE with NO SEC B Exclusions for MERS el al past,…… DO NOT WAIVEYOUR HOMESTEAD EXEMPTION RIGHTS!

    SIGN NOTHING UNTIL YOU GET IT!

  6. @justme good job, girl!

  7. eggsistense, THANK YOU!
    The Judge adjourned the case. Better than getting a judgement against me….. I asked for MSJ…the Judge told me he did not believe the briefs filed were made by me. I did not know what to say! I respectfully swore that I was the soul “maker” of everything that has been filed…that was a really an odd moment…my husband got the feeling the Judge would deny msj and is allowing us time to accept the modification as we have not got it yet. Sounds about right.

  8. Good luck , justme. I’m not a lawyer and this is not legal advice: bring your new info to the hearing and make sure you have copies for the judge and opposing counsel. We’d love to hear the results!

  9. How does Jeff Barnes win so many cases? Or win so many motions, if not the whole case. I’m assuming he doesn’t write much on his blog about his losses, but then again, other attorneys write openly about their losses. Anybody got any thoughts on that?

  10. Screw that.
    Guys, I think I just had a revelation.
    Crazy, yes. Indeed!
    I’ll let you know how the bonkers turns out.

  11. “preserving what you have” is what I am seeking…..argh

  12. I guess that would fall under the ol’ discovery is still outstanding, plaintiff has failed to produce ….but I have not filed a motion to compel. I should add that into my prepared order, watch out…har har har…

  13. ( roughly) What are your options when you run smack into (verifiable, signed and admissible) scrumptious evidence stating the plaintiff did not have the note at the time of filing(and now)…….and…….
    MSJ is TOMORROW!
    If your answer is “get an attorney” feel free to not respond. Sure they MIGHT help, but I am not blowing what I do have on a CHANCE of that.
    How Can I preserve,if needed for appeal, what is not on record!?
    I am not court savvy here and know it varies by state — direction pointers welcome!
    Plaintiff whipped up a mod friday after I declined to adjourn and give them “more time” (been adjourned twice already) I opted to follow through with MSJ. They are going to come to court with a mod I have not seen yet – we are the first case in my area to be in this new mediation program. I was reading the county minutes, my Judge is really for this program so I have a feeling there will be an extension of time to review it….something – rather than be defeated by msj and cut throat the first FC case ever here had with mediation involved. – feeling, I said…..maybe I will be demolished. Anywho – I do not feel like ticking the Judge off with a last minute “I was not sure how to do this, but I did it anyways” entry……..
    ~riding that bipolar rollermortgagecoaster :}

  14. Neil,
    What propaganda sounding info this is. I say propaganda sounding because it’s how I have received it.

    “The truth is that Judges don’t care about you or your case and they are not required to care. If they actually did care about your case in the he way you want then they would be biased — toward you. They don’t know you and they have no stake in the outcome of the case in most cases. I know many judges personally as well. They have varying views, none of which actually prejudices a decision in any court action. ”

    Judges are part of a private group, have taken an oath to that group. They go through a lot of training to do what they do, which is oppress people who don’t speak the language, and they have a stake in the outcome. Each case before them is an attempt to transfer wealth from the living male/female to the British Crown. There are people in that room who have roles for settling the bankruptcy and in doing so, they do not recognize the creditor as the one creating the wealth, they see it is something to be transferred and to make the Creditor the debtor. It’s not an article 3 court, and it’s not a common law court because the other side is fictional. A titius.
    Their decision is prejudiced, otherwise with all the information in the world today, and all the information filed in their own courts and even answers that are not in their language and don’t follow the rules of their game, if there was justice, it would be served for those who are put in an inequitable position.

    Of course, the propaganda is how I received it and the opinion is how I express what I received.

    Trespass Unwanted, Creator, Corporeal, Life, People, Free, State, Independent, In Jure Proprio (In One’s Own Right), Jure Divino (By Divine Right)

  15. I see the judges of the Kalifornia Kourts got their pensions back thanks to Kamala Harris –
    “JP Morgan Chase profited by giving California’s pension funds incomplete information about mortgage investments,” California Attorney General Kamala D. Harris said. “This settlement returns the money to California’s pension funds that JP Morgan wrongfully took from them.”

    JPMorgan will pay $2 billion as a civil penalty to settle the Justice Department claims under the Financial Institutions Reform,
    Recovery, and Enforcement Act (FIRREA), $1.4 billion to settle federal and state securities claims by the National Credit Union Administration (NCUA), $515.4 million to settle federal and state securities claims by the Federal Deposit Insurance Corporation (FDIC), $4 billion to settle federal and state claims by the Federal Housing Finance Agency (FHFA), $298.9 million to settle claims by the State of California, $19.7 million to settle claims by the State of Delaware, $100 million to settle claims by the State of Illinois, $34.4 million to settle claims by the Commonwealth of Massachusetts, and $613.8 million to settle claims by the State of New York.

    JPMorgan will pay out the remaining $4 billion in the form of relief to aid consumers harmed by the unlawful conduct of JPMorgan, Bear Stearns and Washington Mutual. That relief will take various forms, including principal forgiveness, loan modification, targeted originations and efforts to reduce blight. An independent monitor will be appointed to determine whether JPMorgan is satisfying its obligations. If JPMorgan fails to live up to its agreement by Dec. 31, 2017, it must pay liquidated damages in the amount of the shortfall to NeighborWorks America, a non-profit organization and leader in providing affordable housing and facilitating community development.

    Obviously it would be much more effective to set up a $1B legal defense fund trust to aid the homeowners in defending their titles.

  16. KC,

    Generally speaking, anything Congress has been doing since 2007 (and probably long before) is rowing upstream to make itself appear as though it is trying to stop something that goes beyond its understanding and… interests. Can’t expect anything constructive from people thoroughly sold out, bought and paid for, and whose personal interests are in direct opposition with those of the people they are paid to represent.

    My suggestions were 2 years ago to stop feeding them and get all the money out of the banks. Would it have created havoc? You bet! But by now, we’d be on the road to recovery. That was the idea behind the Occupy movement very few joined. instead, people have waited for those same conflicted politicians to do everything for them, including go after bankers, knowing full well that a dog will never bite the hand that feeds him. You can’t abdicate your authority and turn around and accuse government of “usurping” it. Doesn’t work that way. So havoc is coming. Delayed havoc but havoc nevertheless. And because people didn’t have the guts (or wherewithal) to take the bull by the horn when they should, it’s simply going to be much more painful and drawn out. It will be fixed. but after how many more unneccesary casualties?

  17. RE:

    There have been instances where MERSCORP members, through mistakes made by the title companies, have recorded the originating mortgage before the warranty deed, which would indicate that the borrower did NOT own the property at the time he entered into a mortgage loan; thus, a suspect cloud on title. A homeowner with a cloud on his title cannot easily sell his property because the chain of title contains a defect which cannot be insured. –

    KC says … thus is the reason you need a title abstract and prelim title ins report ….. KABOOM!

  18. The MERS System versus the County Recordation System MERS® is an acronym for Mortgage Electronic Registration Systems, Inc. It was envisioned in 1993 by the major banks who sought to securitize residential mortgage loans on Wall Street through simple data entry, bypassing the county recordation process and fees. The initial MERS mortgage is recorded in the County Clerk’s office with “Mortgage Electronic Registration Systems, Inc.” named as the lender’s nominee or mortgagee of record on the instrument. During the lifetime of the mortgage, the beneficial ownership interest or servicing rights may be transferred among MERS members (MERS assignments), but these assignments are not publicly recorded. MERS claims to have involved itself in over 70-million mortgages in America and currently boasts over 30-million mortgages currently operating in its electronic database. For all intents and purposes, MERS is a computer. The MERS business model operates in part from this computer system, which is 100% owned by the MERSCORP Holdings, Inc. MERSCORP, Inc. was founded by Fannie Mae, Freddie Mac, The Mortgage Bankers Association, the American Land Title Association and major banks. Its current database has over 3,300 members. The members that operate the computer via its employees control what goes into the MERS database. New Mexico Attorney Robert M. Janes researched MERS Rules of Membership issued in 2009 and found that MERSCORP has no control over the inputted data. This means that MERSCORP members can input whatever data they want, at any given moment, factual or not. Clouded Titles There are more than 3,000 counties in the United States that rely on a recordation system that began in the 1600s. It’s probably the only virtuous system worldwide that allows a property owner and the general public access to determine who owns a given parcel of land at any given point in the history of that particular parcel. The order in which these documents are recorded make up the logical chain of title, starting with the deed or proof of ownership. There have been instances where MERSCORP members, through mistakes made by the title companies, have recorded the originating mortgage before the warranty deed, which would indicate that the borrower did NOT own the property at the time he entered into a mortgage loan; thus, a suspect cloud on title. A homeowner with a cloud on his title cannot easily sell his property because the chain of title contains a defect which cannot be insured. MERS Impact on State Statues While promissory notes are generally not recorded in the land records, some states, such as Hawaii, Arkansas and Pennsylvania, mandate that all documents affecting the chain of title be recorded. In states like Texas, Local Texas Government Code § 192.007 mandates that once a MERS deed of trust is recorded, all subsequent documents affecting that deed of trust, including the assignments that MERSCORP members frequently do not record, must be recorded. Violation of this code is one of many reasons several Texas counties have filed suit against MERS and MERSCORP Holdings, Inc. Counties across the country have also unsuccessfully sued MERS, claiming the database owed back recording fees. MERS has so far been successful in arguing that MERS is only the platform for the MERSCORP members to electronically transfer the mortgage loans and that the MERS business model does not owe these counties recordation fees. The Consequences The MERS system emerged after the Glass-Steagall Act, which had prevented banks from dabbling in the securities markets, was repealed in 1999. In the years when Glass-Steagall held the banks at bay, it was easy for a property owner to find out who had a lien interest against his home because lenders generally went to the courthouse and filed the deed of trust or mortgage for record. Today, when a deed of trust or mortgage enters the MERS database, it’s in the MERS database before it’s recorded in the land record. It’s estimated that each note is bought and sold through electronic transfers as many as nine times, often before public recordation even occurs. Not one of the owners who bought the note within this electronic sequence bothers to record his interest in the land records in the county in which the property is located. Thus, many unknown (mesne) assignees potentially expose the homeowner to double liability, even after the owner sells the property with MERS in his chain of title. The homeowner does not know that when he signs a MERS-originated mortgage or deed of trust, his note will be converted into an electronic security because it’s not disclosed to him. The author estimates that 99.9% of all homeowners who signed MERS mortgages have no idea who MERS is, let alone the fact they gave MERS certain rights under contract. . The American homeowner relies on accurate land records to avoid the appearance of conveying defective titles when they sell their property. Today, millions of pieces of property occupy unchartered territory known as the “shadow inventory” because their chains of titles have been corrupted with unknown intervening assignees to the point where title companies refuse to insure them. It is doubtful that the creators of the MERS business model gave any of this residual consequence a second thought. These shadowed properties end up blighting our neighborhoods, driving up property taxes and reducing needed services. The Risk to Land Recorders Some MERSCORP member lenders have document mills where employees are directed to sign hundreds of documents a day without reading them, in a practice called “robo-signing.” Former Lender Processing Services’ document mill DocX was shut down after federal and state investigations revealed robo-signing and document manufacturing. DocX’s President Lorraine Brown plead guilty to the scheme and is now serving five years in a federal prison. When she completes that sentence, she’ll serve two years in Missouri and multiple years in Michigan on the same charges of filing false and fraudulent documents in county land records in those states. Nationally the number of recorded suspect documents is estimated to be into the tens of millions, based on the number of MERS-originated mortgages that have been filed. As the financial collapse of 2008 unfolded, it became clear that the MERS model obfuscated the real parties in interest from property owners. Facing foreclosures, homeowners were at times unable to determine what bank or entity held their mortgage. Several attorneys across the country, along with many disgruntled homeowners, filed suits against the elected contingent, claiming the clerks were negligent in their duties to vet suspect documents. Some went so far as to accuse the clerks of depriving them of their civil rights. Many homeowners filed commercial and common law liens against the recorders and other elected officials (judges), claiming they were “part of the conspiracy.” County court dockets are jammed with foreclosure suits as homeowners and their attorneys attempt to sift through suspect fraudulent assignments involving MERS. Recommended Action: Audit Many clerks and recorders are not yet aware of the issues created by the MERS System. Of the more 3000 counties in America, only a few have officially audited their records to assess the impact of MERS-related practices. The Williamson County, Texas audit revealed MERS signors claiming to be “Assistant Secretaries” of MERS on one document, and on the next document in the chain of title showed the same signor claiming to be a “Vice President of Loan Documentation” for Wells Fargo Bank. A search of the individual found that he was an attorney for a Dallas area foreclosure mill. As a result, Williamson County, Texas joined a lawsuit against MERSCORP in the Southern District of Texas. Most clerks and recorders across the country continue to systematically record MERS-related documents. In counties most affected by the MERS business model, recorders and their commissioners often remain at virtual gridlock on how to deal with MERS issues. When taxpayers become fully aware of this scenario and what it’s done to their property values, political futures may be at risk. Until counties analyze the damage through comprehensive audits, the resulting losses and unintended consequences to the land records will never be fully known. When the fees that the county brings in to run its services aren’t there and the shortfalls have to be made up, the outcome could result in a serious political Catch 22. – See more at: http://extractsystems.com/newsletters/mers-and-its-effects-on-our-land-recordation-system/#sthash.qYZq0fZb.dpuf

  19. Christine, there is a bill before the senate to make digital banking legal currency. Any thoughts?

  20. Actually, Bloomberg is also talking about the demise of the US Dollar, according to Paul Craig Roberts. And, as usual, not a peep from MSM… But ignorance is no a valid excuse: the information has been developing for long enough for people to research it. Can’t blame anyone for a lack of plan B when things unravel. And there is not a damn thing judges can do about it…

    The Dying Dollar

    Paul Craig Roberts
    Saturday, November 23, 2013 7:39

    Since 2006, the US dollar has experienced a one-quarter to one-third drop in value to the Chinese yuan, depending on the choice of base.

    Now China is going to let the dollar decline further in value. China also says it is considering undermining the petrodollar by pricing oil futures on the Shanghai Futures Exchange in yuan. This on top of the growing avoidance of the dollar to settle trade imbalances means that the dollar’s role as reserve currency is coming to an end, which means the termination of the US as financial bully and financial imperialist. This blow to the dollar in addition to the blows delivered by jobs offshoring and the uncovered bets in the gambling casino created by financial deregulation means that the US economy as we knew it is coming to an end.

    The US economy is already in shambles, with bond and stock markets propped up by massive and historically unprecedented Fed money printing pouring liquidity into financial asset prices. This month at the IMF annual conference, former Treasury Secretary Larry Summers said that to achieve full employment in the US economy would require negative real interest rates. Negative real interest rates could only be achieved by eliminating cash, moving to digital money that can only be kept in banks, and penalizing people for saving.

    The future is developing precisely as I have been predicting.

    As the dollar enters its death throes, the lawless Federal Reserve and the Wall Street criminals will increase their shorting of gold in the paper futures market, thereby driving the remnants of the West’s gold into Asian hands.

    PBOC Says No Longer in China’s Interest to Increase Reserves
    By Bloomberg News – Nov 20, 2013

    The People’s Bank of China said the country does not benefit any more from increases in its foreign-currency holdings, adding to signs policymakers will rein in dollar purchases that limit the yuan’s appreciation.

    “It’s no longer in China’s favor to accumulate foreign-exchange reserves,” Yi Gang, a deputy governor at the central bank, said in a speech organized by China Economists 50 Forum at Tsinghua University yesterday. The monetary authority will “basically” end normal intervention in the currency market and broaden the yuan’s daily trading range, Governor Zhou Xiaochuan wrote in an article in a guidebook explaining reforms outlined last week following a Communist Party meeting.

    Paul Craig Roberts was Assistant Secretary of the Treasury for Economic Policy and associate editor of the Wall Street Journal. He was columnist for Business Week, Scripps Howard News Service, and Creators Syndicate. He has had many university appointments. His internet columns have attracted a worldwide following. His latest book, The Failure of Laissez Faire Capitalism and Economic Dissolution of the West is now available

  21. Deb,

    Did you notice that? Even UK is pulling away… And even though is is not clearly identified, Japan was one of the first, as early as June 2012, when it signed that treaty with China to transact exclusively in Yuan and Yen. The writings have been on the wall for a long time.

    Those who lost their house ain’t getting it back.

  22. Whatever judges do or don’t do is of limited reach in the big scheme of things… Karen Hudes has been arning Congress for years that America would lose its allies. Catherine Austin Fitts and Paul Craig Roberts have extensively talked about the collapse of the US Dollar. That bridge appears now to have been crossed…

    “Harbinger: 23 countries begin setting up swap lines to bypass dollar
    See also Stock Market / Dollar / BRICS / China

    Kenneth Schortgen Jr. Finance Examiner

    November 18, 2013

    For several years, financial analysts, primarily those outside the mainstream of academia, have been warning that any day could be the black swan event that collapses the dollar, and ends U.S. hegemony as caretaker of the world’s reserve currency. That day has finally arrived as on Nov. 18, a former head trader for a major financial institution issued a harbinger and stated that 23 countries, and 60% of the world’s GDP, are right now setting up new swap lines which bypass the dollar, SWIFT, and the BIS, and will usher in a new global currency system which will kill the dollar.

    “The thoughts that are put into the minds of men that are aware of what is occurring on trading floors all over the world is when? When is also the question that I get asked about quite often by thousands of people. So what is the “when”? The “when” is what is the sure sign that this fraudulent sham that we call an economy is over? Folks the biggest sign is when those that trade in the dollar to acquire goods, no longer want the worthless paper because of US “bully” policies or they have totally lost faith in the US as a responsible steward of it’s currency and economy. That day has arrived.

    “All over the world economies that have not totally shot themselves in the foot by gambling in the Anglo-American casino are now moving to set up various currency exchanges by passing the dollar. – Rogue Money via Steve Quayle Q Alerts

    The list of the 23 countries which are creating new swap lines outside of the dollar include China, Russia, India, and surprisingly, Germany, France, and the United Kingdom. This means that the Eurozone itself is abandoning the dollar, and preparing for transition to a new central banking system.

    To facilitate the transfer of currencies and swap lines, there needs to be a bank of sufficient size and stature to aid in handling of this monumental task. One year ago, China, along with the BRICs nations of Brazil, Russia, India and South Africa, loaned money to a new financial institution they established and labeled the BRICs bank. This bank was created with the intention of bypassing the dollar, and allowing free trade to occur between nations without the need to trade for dollars first, as is currently the format under the petrodollar system. In fact, the new BRICs bank will function both as a bank of international settlement, as well as a lender of last resort, eliminating the need for the BIS and IMF, which currently reside under dollar dominion.

    The only thing that stands in the way of the world’s final rejection of the dollar is the wavering trust that Saudi Arabia and OPEC have with the U.S. in assuring oil transactions remain denominated in dollars under the 1970’s Petrodollar agreement. But as the world has seen recently, even the Saudi kingdom is hedging towards a new global system, and has publicly stated that their ties to the U.S. are open for re-negotiation.

    What started in September of last year, when an agreement between China and Russia ended the dollar’s stranglehold over oil and how it was purchased, the past 14 months have seen a momentous rush towards setting up the infrastructure to replace the dollar completely in global transactions. And with 23 countries, including those from the BRICs nations and the Eurozone, preparing for new swap lines outside of dollar hegemony, the fuse has been lit on the dollar’s death rattle, and the when has changed into the now.

  23. Elexquis
    you gave me something to research re clouded title being passed on. thanks

  24. RE: …. “squealing like stuck pigs”

    KC likes her Bacon Extra Crispy.

  25. fyi- Not sure what NG may be telegraphing here but his message may have more to it than what’s on the surface. Taken at face value, I’ve yet to see a “fair and impartial” judge in fraudclosure cases I’ve personally been involved in, despite the liberal discovery rules. Can’t even get RFA and RFP out of them without immediate protective orders and/or failure to compel discovery. Same with missing 20-30 day deadline to answer RFA, should be immediate Summ Judg since they admitted to everything by failing to answer, there are no genuine issues of material fact, but again, “judge” fails to even rule on MSJ or summarily denies with facts or law in support.

    But- on bright side, keep following detinue complaint in Baltimore Co. Circuit (MD) 03C13009963, Wetzelberger v. Friedman et al., Friedman defaulted. They say on the Order for a month but finally entered in docket yesterday. Litton never answered- filed Req. For Entry of Default yesterday. MERS and Wells Fargo as well as atty/trustee Kenneth MacFadyen are squealing like stuck pigs to dismiss.

    This is about the return of my personal property, has nothing to do (but everything to do) with real property.

    In MacFadyen, MERS and WF MTD, they claimed I was not entitled to the return of my property (guess I am a slave like the rest of you) so I dug up the Deeds of Trust on a dozen judges and EVERY attorney involved in this detinue complaint.

    Guess what ? Every DOT of every “judge” and every attorney, has the exact same Non-Uniform Covenant (usually 23) that states (paraphrasing) “…. the [purported] Lender or Trustee SHALL release this Security Instrument and mark the Note “paid” and return the Note to Borrower.”

    Problem is they can’t return my property so they are doing the “Heisman”.

    Looking fwd to hearing to ask the “judge” point blank “Am I a slave with no rights to property as defendants claim, since they (along with you judge) have the EXACT same covenant in your own DOT that states you are entitled to the return of your property.?

    If I am a slave with no rights, I’m an adult and can handle the truth so lets cut to the chase and get on with it…

    Will keep you posted. Getting lot of strange calls, hang ups, fax tones, etc since this case was filed all originating from California.

  26. Need to change vocabulary to
    Some wAy some how.
    If you are defeated in your mind already whats the point in whining

  27. Did you guys ever wAtch movie INSIDE JOB
    It was made in 09
    But lets go down fighting fight we must
    The last line spoken in the movie was
    ” some things- are worth fighting for”

  28. In Florida, use the circuit court to ” shake and bake”, but your going to lose except for a few Token Judges who give some relief, less than 1% of all cases, and it doesn’t matter if your Perry Mason, ur gong to lose. Appeal? THose courts are Bogus too. IMO, the Best fight is in Federal BK Court.

  29. Neil, wholly Crap, of course the Judges are Biased ( FL )!! They do know you, and all the attorneys involved!! I sit and watch the madness each week when someone like Weidner or Stopa simply murders the Plaintiff Bank at a hearing, and undresses them down to their Undershorts, while the Judge(s) do everything possible to assist a incompetent prosecution. I watched one case, should have been dismissed 30 mins earlier, but the damn Judge lets the Bank jibber-jabber on and on about HOW the BANK Attorney WAS NOT PREPARED when he should have DISMISSED! Of Course the Judges know who you are!

  30. I think it is a very special fishing expedition.

  31. As for Glaski, the CA superior courts dismiss it with a narrow-minded view, and no one seems to have mentioned that the borrower is a third party beneficiary of a clear title of some value, and therefore has the right and even obligation to ensure it is passed on without a cloud. And there is a public interest and value in the publication of title affecting land records the Kalifornia Kourts deny as having validity. That is part of the argument Levitin presents in his Paper Chase article he recently released.

  32. Judges are sheeple as much as they are leaders. If they stay in the pack and don’t make precedent setting decisions they will survive to a tidy retirement (9% of judge retirement funds in MBS in CA). If they actually give a homeowner who has done their homework due process, they risk exposure to the background funders of the the American and several state BAR associations. As I mentioned before, when JPM publicly announces $7B will be shortly going to litigation expenses for foreclosure cases, judges listen, because that means members of their fraternity will be able to make their house payments.

    Today in my courthouse a judge tossed a foreclosure case on a demurrer by the bankster defendants, and to paraphrase the ruling,
    You lose. I’m tired of seeing the same arguments. Here’s the list of case law references that explains why. Case A. Case B. Case C ….

    Didn’t even bother to go into the causes of action. I can’t tell what was presented because homeowner was represented by attorney. My suspicion is the judge is biased as he served as a Sr. Counsel for the banksters several decades ago.

    And what do you say about a judge that overrules an objection by citing case law that cited the same case law used to support the objection as an example of why the case law the judge cited wouldn’t apply? And if you can’t understand that, you shouldn’t be representing yourself, because that’s the stuff appeals are made of.

  33. They are “disinclined” because they are holding mortgage bonds in their retirement accounts, probably supervised by WFNA.

  34. NOW TELL ME WHAT A GOOD JOB OF FOLLOWING THE LAW THE JUDGES ARE DOING…..GLASKI? THEY DON’T LIKE IT, SO THEY IGNORE IT. GOOD JOB!

    Schnader Harrison Segal & Lewis LLP
    United States: Joining A Growing Trend, California District Court Refuses To Follow Glaski
    Last Updated: November 20 2013
    Article by Stephen J. Shapiro
    Schnader Harrison Segal & Lewis LLP

    In Glaski v. Bank of America, a California Court of Appeal held that a borrower has standing to challenge the validity of an assignment of his mortgage to an MBS trust if he alleges that the assignment violated the terms of the instrument creating the trust. A recent decision joins a growing body of case law suggesting that the district courts in California will not follow Glaski.

    In Glaski, the plaintiff homeowner, Thomas Glaski, obtained a mortgage loan from Washington Mutual Bank (WaMu), and WaMu assigned the mortgage to an MBS trust. When Glaski defaulted on his mortgage, Bank of America, the successor trustee of the MBS trust, initiated a nonjudicial foreclosure. Glaski sued Bank of America and others defendants for, among other claims, wrongful foreclosure. Glaski alleged that WaMu transferred his loan into the MBS trust after the last date on which the pooling and servicing agreement (PSA), the document that created and governed the trust, permitted the trust to accept new mortgages. As a result, Glaski argued, the assignment to the trust was void, the trust did not hold his mortgage, and Bank of America, as trustee, had no right to foreclose on it. The trial court dismissed Glaski’s claims, holding that Glaski had no basis to challenge the trustee’s authority to foreclose under California precedent.

    On appeal, the Court of Appeal first noted that, because Glaski alleged that the MBS trust was formed under New York law, New York law governed. Next, the court looked to the New York Estates, Powers & Trusts Law (EPTL), which provides that any action taken by a trustee in contravention of the instrument that created the trust is void. The court then concluded that, because the MBS trust “was created by the pooling and servicing agreement and that agreement establishes a closing date after which the trust may no longer accept loans, [the EPTL] provides a legal basis for concluding that the trustee’s attempt to accept a loan after the closing date would be void as an act in contravention of the trust document.” Therefore, the Court of Appeal held that Glaski had stated a viable claim for wrongful foreclosure.

    In the few months since the Court of Appeal issued the Glaski decision, California’s district courts have shown that they are disinclined to adopt the Glaski court’s rationale. Last week, in Dahnken v. Wells Fargo, the United States District Court for the Northern District of California refused to follow the lead of the California Court of Appeal. Rather, citing to several pre-Glaski cases, the Dahnken court chose to adopt what it described as the “majority position” that “‘plaintiffs lack standing to challenge noncompliance with a PSA in securitization unless they are parties to the PSA or third party beneficiaries of the PSA.'”

    Dahnken joined a growing line of California federal trial courts that have rejected the Glaski court’s analysis. For instance, the United States District Court for the Southern District of California expressly refused to follow Glaski in Diunugala v. JP Morgan Chase. There, after stating that it found “the reasoning in the [pre-Glaski] case law to be more persuasive than that in Glaski,” the court held that the plaintiff borrower lacked standing to challenge the defendants’ compliance with the terms of a PSA.

    Likewise, after noting that “no courts have yet followed Glaski and Glaski is in a clear minority on the issue,” the United States District Court for the Eastern District of California in Newman v. Bank of New York Mellon decided that “[u]ntil either the California Supreme Court, the Ninth Circuit, or other appellate courts follow Glaski, this Court will continue to follow the majority rule.” See also Subramani v. Wells Fargo (declining to follow Glaski in favor of the majority rule). In short, Glaski is meeting resistance in California’s federal trial courts.

  35. I think we’ve lost the war if the one and only Garfield has resigned himself to the fact that the judges are doing their job. Good grief.

  36. I’m shocked you’re covering for judges now, Neil. The judiciary (State, FED, BK) is hell-bent on stopping ANY homeowner claims, blocking their constitutional rights to due process, ruling on documents outside the four corners of the complaint, and ruling that homeowners can’t contest the endorsement on THEIR OWN NOTE! Do you still want to tell me that the judges are not marching to the drumbeat of the Treasury and the FED? Come to Wisconsin in the Eastern and Western Districts and watch the folly unfold before your very eyes.

  37. And my butt has a dimple.

  38. Of course judges are unbiased!!

  39. Neil – sweet as written, you have exposed your own ignorance for the 1st time … there ARE biased judges … all politics (and much of all banking) is local as is the county police and ROD & Corp Counsel relations in work and home/play/rec. Let’s show both sides of this coin here, as I for one have been railroaded by my own city, county, state, FBI, Fed Reserve, FHA and many attorney overcharges. There are quite a few of us out here who ‘get it’ but are still sent over the cliff from local abuse(rs) on the dole and on the ego trip. Where do you bank, Neil? Local, state, national, Int’l? Do you really think the judges do not bank, share stories on the golfcourse, at the bar, during the hunt or the Holidays? The TBTF made deals with the Govt that render our privitization, 4th, 7th and 13th Amendment rights obsolete. If you will get a reciprocal state law license, I will hire and pay you to prove me wrong and prove my just case …

  40. Who we gonna’ call?

  41. “Long time bears in the market, becoming bulls this week. NG now not blaming judges for this entire fraud……the end is near for sure folks……please be prepared.”

    Dr. Peter Venkman: This city (country) is headed for a disaster of biblical proportions.

    Mayor: What do you mean, “biblical”?

    Dr Ray Stantz: What he means is Old Testament, Mr. Mayor, real wrath of God type stuff.

    Dr. Peter Venkman: Exactly.

    Dr Ray Stantz: Fire and brimstone coming down from the skies! Rivers and seas boiling!

    Dr. Egon Spengler: Forty years of darkness! Earthquakes, volcanoes…

    Winston Zeddemore: The dead rising from the grave!

    Dr. Peter Venkman: Human sacrifice, dogs and cats living together… mass hysteria!

    Mayor: All right, all right! I get the point!

  42. Long time bears in the market , becoming bulls this week. NG now not blaming judges for this entire fraud……the end is near for sure folks……please be prepared.

  43. So why is Obama fighting so hard to appoint his own Judges. And so as not to get into politics Why are the Republicans fighting so hard to stop Obama’s nominations?

    The United States is a Political appointed Judicial System. Neil your argument we be a good one in a Professionally appointed Judicial System.

  44. Neidermeyer Amen.

  45. If a few “David Sterns” had received what they deserved after the first few dozen properties were stolen we wouldn’t have the problem… I’m not ADVOCATING violence here … but if he was found beaten to death on his yacht “Your House is MY House” that WOULD send a message loud and clear … what are the police going to do ?? They’re already too lazy to pick up evidence when you call them to a crime scene… what are they going to do in Sterns case when there are 100,000 or more motivated suspects?

    Neil ,, the problem isn’t US , it’s that the plaintiff is allowed to waltz in with forged docs a fraudulent “verified” claim and (if presented) a chain of ownership that makes no sense whatsoever leaving us scratching our collective heads and we are still being denied discovery… more than likely plaintiff gets their MSJ and defendant is now homeless AND broke ,, not a good footing to mount an offensive from.

  46. I guess I will have to state the obvious again: the entire court system including the clerks and the judges are participating in a pension plan that invested in mortgage backed securities. The judge’s and other members of the pension plan in SC are suing BONY Mellon for misrepresenting the value of the MBS’s and dinging the pension plan. Seems to be a major conflict of interest. I can assure you that most of the states’ and county pension plans across the U.S. are invested in bogus Mortgage Backed Securities.

  47. My take is no litigant pro se or otherwise would want to irritate their judge,
    They have an awful job in this crisis because of the complex areas of law and accounting issues ” foreclosure defence” presents,
    But first they are public servants
    And must not even appear to have bias
    In other words anything that might put bias in the mind of the judge- that is the problem the mind set will show a bias, so case law lays down that to protect the integrity of the court and a fair hearing there must not be even the appearance of bias.
    We all have a one time pop at changing the judge randomly assigned to the case but that initiative must be taken very early on after being assigned. Council might thetefore research the background, Neil you once wrote that a good lawyer knows law but a great lawyer knows the judge what a delemma, however as Neil pointed out before, they all talk to each other.
    The judge is supposed to recuse himself if he knows there could be bias in his/her mind due to conflicts of interest.
    Not legal advice just my own findings.

  48. So now judges AREN’T the problem? It’s back to US being the problem? And all the losses that have been handed down, even to seasoned attorneys, are somehow the fault of those attorneys and not the judges? I love Neil Garfield and am a big supporter of his, but I don’t buy the premise of this article. Not for a minute. This is where we will have to agree to disagree.

  49. It is very possible that the judge may not be Bias. But I can not not take it personal if someone is trying to steal my house…..

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