NY Applies Simple Rule on Statute of Limitations

gullivers-travels-depepi.com_

“The issue really boils down to the question of whether we are going to apply simple direct rules that favor nobody in particular (blind justice — remember that?) or if the Courts are going to create monumental complexity and uncertainty under their past “Theory of Everything,” to wit: let the banks keep coming back until they win. This theory obviously ignores completely the doctrine of Finality and further construes due process in a way that will come back to bite the courts.”

see http://stopforeclosurefraud.com/2016/05/24/hsbc-v-clark-moore-ny-sc-as-this-action-is-time-barred-it-cannot-be-commenced-again-and-the-controversy-has-therefore-reached-an-ultimate-outcome/
So we have a very simple case with a very simple conclusion on the issue of statute of limitations. The premise is simple — what you do, in a legal sense, always matters if it is relevant. There is nothing more relevant than an alleged lender sending a notice of delinquency followed by a notice of acceleration informing the “borrower” that their debt is now due in full.

 
Many courts have attempted to allow the parties to come back repeatedly on the premise that each payment starts a new period of limitations. Those courts are using the same twisted logic that got us into the mortgage meltdown and ultimate the foreclosure nightmare in the first place. They are inventing a legal fiction: that somehow the acceleration doesn’t count if the bank loses but it does count if they win. This is pure nonsense from Gulliver’s Travels.

 
In their never-ending quest to “protect the banks” (a clear violation of blind justice) the courts in Florida for example would actually allow a bank or trust who had utterly failed to prove they owned the loan (or even represent the creditor) to come back and say now we own it.  So after losing spectacularly and after using fraudulent, fabricated, forged, backdated documents the Courts would allow the bank or trust, the courts would allow a new foreclosure based upon “subsequent missed payments.”

 
There are no subsequent missed payments when the loan is accelerated. Acceleration by definition means that the alleged lender or creditor or “holder” had elected NOT to seek individual payments but instead to seek the entire balance as set forth in the mortgage. The theories in Florida and elsewhere would allow the banks to keep coming back to court on a case that has been decided on its merits against the forecloser and for the borrower ( and by the way there are thousands of such cases now). This same twisted theory is going to be sued against the court system on a variety of real and test subjects, where the courts are confronted with their own incorrect thees that mean “it’s never over.”

 
How is anyone in the marketplace ever going to know that they have title or ownership to land, loans or anything else? It is never over under many current “doctrines.” The issue really boils down to the question of whether we are going to apply simple direct rules that favor nobody in particular (blind justice — remember that?) or if the Courts are going to create monumental complexity and uncertainty under their past “Theory of Everything,” to wit: let the banks keep coming back until they win. This theory obviously ignores completely the doctrine of Finality and further construes due process in a way that will come back to bite the courts.

 

This NY decision is a breath of fresh air. The court does not decide who should win and then apply twisted legal reasoning until it comes out OK for the banks. Instead it goes back to c centuries old law — if you commit a legal act like acceleration that ends the discussion.

 

If the acceleration is authorized by contract then the full balance has been accelerated and the entire principal balance along with all other fees, costs and expenses are now due.

 

If the forecloser has failed to file a foreclosure suit, or if the forecloser has already lost the case because the Judge saw through the falsified “proof” AND we are past the the time- bar for the statute of limitations, the matter is over.

 

To rule anything else would be to read into the statutes of limitations and interpret a statute that is perfectly clear on its face. As in Jesinoski, the final ruling will be that courts have no power to read extraneous theories or conditions into a statute that is clear on its face. That breaches separation of powers between the legislative and judicial branch of government. As stated in other case law and Jesinoski, courts can only “interpret” the statute where they find an ambiguity and then they must rule in the narrowest way possible to close out the ambiguity.

 
This NY Court found the obvious: the statute of limitations says what it means and means what it says. And that is because of the long running doctrine going back centuries that the Courts are the FINAL point of dispute. Courts that have ruled otherwise are simply ignoring the plain wording of the statute.  Florida?

9 Responses

  1. Heyhey everybody – does anybody around here know how to do a “Securitization Report” ? I asked MERS if this is possible and they basically said go pound sand.

    Thoughts?

    Thanks and Make it a Great Day.

    Scott Thompson
    http://www.columbiamortgageplus.com

  2. Mark Levin talk show host is part of starting convention of states. http://www.conventionofstates.com
    They have 8 states it’s a start they need 34-36 to petion the federal government to stop judicial, legislative, and executive fraud. Article V if the constitution

  3. Reblogged this on UZA – people's courts, forums, & tribunals and commented:
    We believe that its because of the pressure from judicial activists such as yourselves which helps people to place the spotlight on the judicial system thereby encouraging judges to act according to their oaths and the rule of law; and, not to rule by law; in peace

  4. Reblogged this on Deadly Clear and commented:
    It is obvious now, we’ll likely have to have several cases make it to the Supreme Court of the United States before we will have cooperation and judges following the rule of law. We are really going to miss Justice Scalia. The judiciary, at all levels, are too highly invested in Wall Street to rule for the homeowners – it jeopardizes their own pension funds and investments.

    Maybe we need a crash in order to level the playing field and get back to a more ethical society because the next one will wipe out the rest of the pension and retirement funds… Unless we are too stupid to stop Congress from bailing out the banks – again. The only people another bailout will save are government employee (judges and legislators) pensions and retirement funds. Those of us not on cushy gov’t paychecks have already lost our savings and what we do have is not in the stock market or in the bank…if we are smart.

  5. Clearly we have not learned the first principle of war.. be sure to kill your opponent dead and his whole family. In this case it is necessary to parley their loss into a win by using the evidence and the judicial loss to bring an action for at the least treble damages and a 42 USC 1983 along with various crimes 18 USC 1001, 1002, 471-474, mail fraud, fraud upon the court, corruption of the public records, manufacturing of false evidence, and what ever one has sufficient evidence to prove.. weave in the RICO and force them to concede.. and negotiate a large settlement to get a non disclosure and bury the case. Get the settlement by demanding a trial by jury and be sure that your claim has all the elements, and the opening statement is so tight and so easy to understand that a jury can get it easily. Like the fact that they have collected insurance on the entire bundle in the REMIC so that anyone on the jury that believes a “defaulter” is scum, has actually caused their mortgage to be paid many times over and yet they are still paying the crooked banksters….
    Then do a “true title” require as part of the settlement a quit claim deed from them and all those in their fabricated chain of tittle. and Recovery the title back to you, dissolve the DOT which was dissolved from the beginning since there is no loan the secure.. no “debt evidenced by the Note” to secure. And require them to transfer all interest they may have (which is none but matters not) to you in total, along with a few or more millions for emotional and health, reputation, and other injuries, damages and depravations of rights… worthy of time in jail or even death if someone has died or committed suicide as a result of their false claim, fabricated documents and all the other criminal activities… of them the judge, and the clerks of court… which is continuous and a “pattern of activity over more than a year.
    Let them all sign and deliver so that no claim can or will be brought again and to put up a bond of full value bearing interest until the original Note is found and marked “Paid”… they are in breach of the DOT and thus must be further penalized…
    Now you can rest and bring separate claims not made before and sue them for those and then with the money force the feds to do as they are required to do as well..
    And then teach others how to do the same thing.. till there is no more corruption left to sue. Make corruption the worst investment ever and justice will reign again..

  6. Same garbage in North Carolina….every non- payment creates a new default, whereby, foreclosure can go on to infinity….as you said, until they win. And the foreclosure is heard by an “assistant clerk”, no legal experience, no law background, no authority, no idea of what any of it represents. On her off day from stealing property in hearings, she processes files….WTF!

  7. Great news. The law must be blind and impartial or the system leads to tyranny–at least much later than sooner.

  8. great post!!!!! now how do we get 67 chief justices in florida to read this? anyone know? it is very sad we have our judicial system now changing our laws when they are suppose to up hold laws. i am past my SOL, i have a friends that is past hers. but becuase of that crazy florida ruling she bought a new home (yes she “bought”) and will eventually leave her home with its broken pool (she dare not fix it) because even if your horrible trial with a senior judge at the helm and a robo witness. they can now come back and foreclose her every year if they want. she said no way. that is sad to force us out of our homes because obama never regulated modifications. the banks fake in house modifications basically keeping all the money FROM THE gse (they refused to send statement), AND THEN GOING AGAINST “o” DIDNT HE SAY mortgages would be almost cut in 1/2 for 5 years. well some of these inhouse modifications went over the amout the original mortgage? how does that happen. so you call the bank for help because you cant afford the mortgage because of this economy and you are approved not a hamp but an in house mod that is more than original mortgage/ how ? how does this happen. they took modifications and make frankenmodifications. is thta legal for a servicer to do this. then try an and foreclose for 35 years. i dont see it i just dont

  9. Very Good Neil, …..
    A Little Short. … But a start.

    Lets talk about the advances ……
    Lets talk about the Abanddoment Complaints …
    Lets talk about Lack of Claims for Real Property…that.Escheat

    Oh Holy Hockey Sticks….
    Lets talk about Land Ownership & Life Tenancy……

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