(OP-ED) — As the tide of foreclosures starts to swell across America, I felt it my solemn, patriotic duty to inject some interesting perspective as the Senate takes up hearings to confirm President Trump’s nomination to the U.S. Supreme Court.
Articles depicting the kind of judge Amy Coney Barrett would be goes against the grain of the Democrats’ choice. I’ve read numerous opinions and diatribes about her rulings and one jumped off the page at me. I had to research it and bring it to the forefront because it involves lying in an affidavit. Those of you facing foreclosure are going to want to listen up!
Those of you who have been taken to task in foreclosure may understand exactly where I’m going with this. This involves more than just Black Lives Matter because more than just the black folk have been foreclosed on.
You want civil rights? Then you need to read these two cases. They came out in separate venues nearly six months apart. One case was written by Judge Amy Coney Barrett of the 7th U.S. Circuit Court of Appeals in January of 2019 and the other was opined by the U.S. Supreme Court in June of 2019.
Both opinions have to do with manufacturing false evidence to get a conviction. When I brought this up on my radio show (kdwradio.com), my co-host looked at the Supreme Court case and said, “This is a game changer” … and concluded that the scenario in that case could be applied to foreclosures! Neither of us had seen the Rainsberger case at that time.
Judge Barrett wrote the opinion in the 7th Circuit case. It finds for Rainsberger, who claimed he was deprived of his civil rights based on the phony information either stated or omitted from Detective Benner’s affidavit, which was submitted to the prosecutors to get a conviction.
Ironically, in BOTH cases, a second “bite at the apple” was attempted in an attempt to fabricate evidence to try for a second indictment. Barrett, in writing for the Court, stated that Detective Benner lost his qualified immunity when he lied on the affidavit. Sounds like the Supreme Court, who didn’t even cite the Benner case in their ruling in McDonough, got it right. 42 USC 1983 is a powerful tool. 42 USC 1985 is even more powerful.
Let’s apply these cases to foreclosures and why I’m so keen on filing criminal complaints, whether they’re taken and prosecuted or not.
Mortgage loan servicers hire cheaply-paid employees who are instructed to create, sign and execute assignments, lost note or lost assignment affidavits and corrective assignments. Most of the time where I have seen these come into the recorded realm, I have found numerous instances where the statements made within these documents were false and misrepresentative. The statements contained within these documents are then relied upon to get a “conviction” in foreclosure courts, because like criminal cases, foreclosure cases are “prosecuted” in much the same way, it’s just they’re prosecuted in the civil realm, but the objective appears the same … lie your way through the proceeding by relying on false testimony from others and steal the house by any means possible.
The sad thing about all of this … the mortgage loan servicers who represent the alleged “lenders” in court are getting away with it because judges are allowing the false testimony into evidence. The majority of the time, the aggrieved homeowners do NOT know how to proceed against these documents and false statements, despite the numerous amount of workshops I’ve done and books I’ve authored. Because of COVID, the sensitivity of these issues is heightened because of the perceived exposure to a virus that could be fatal once one is kicked out of their home and forced to live within society, where the potential to contract the “disease”, which is really not a disease but a catalyst to exacerbate pre-existing medical conditions, could afflict them. It’s one thing to be kicked out of your home. It’s quite another to die because you were infected because you were kicked out of your home.
This is why I am conducting an online Foreclosure Defense 101 Workshop. People will not have to leave their homes and fly somewhere and stay in a hotel and inherently put themselves at risk. They can take this 4-hour class in front of their computer and ask questions of the lecturers about the research they are sharing. It’s an inexpensive way to increase your learning curve!
I have asked one retired attorney (R. J. Malloy), who for nine years clerked for a U. S. District Court Judge (the late John Underwood) and Al West (my co-author of two different works, The Quiet Title War Manual and The C & E on Steroids!) to join me in giving you the necessary tools to stay in your home while you get your “end game” together. Also joining us in studio will be Ron Gillis, a Florida homeowner who has fought off the bank’s attorneys for over 12 years, just by knowing the “in’s and out’s” of the courts. Gillis may have taken a few hits in defending his home, but he’s also dished out plenty at the bank’s lawyers!
Bottom line: If you don’t know your rights … you don’t have any.
Judge Amy Coney Barrett at least recognizes what the consequences should be if you lie or misrepresent the truth in depriving someone of their life, liberty or property. This is one of the reasons you should be calling your Senators and “yelling” at them to nominate her. Having her on the Court may not sit well with every decision she’s made as a judge. But when it comes to deciding whether those who are truly at fault should be granted a free pass if they lie to further the prosecution of their cases, then We the People need to put someone in the driver’s seat that will take action against the current pandemic of false documents (recorded in our land records) and protect our civil rights in the process.
The one thing foreclosed homeowners didn’t realize … but I bet they do now … is that the criminal complaint against those drafting the paper … if enough people start doing it … can make a difference in the way law enforcement treats our concerns. If those responsible for recording false documents were sent to jail (like Lorraine M. Brown of DOCX fame was), this behavior would stop. However, most law enforcement agencies treat these matters as if they’re civil cases and thus, find easy excuses to bail on the homeowners (i.e. “take it up with the judge”) and not even bother to investigate these cases. To me, this appears to be a travesty of justice right from the start. When the Sheriff doesn’t act, the crime committed in the county land records is allowed to stand. We must demand more from our law enforcement when it comes to perjury and subornation of perjury (from attorneys involved in either creating or assisting in the creation of in these false and misrepresentative documents and from the parties executing these documents and causing them to be publicly recorded).
Unfortunately, the documents that were created as depicted in the foregoing video are still being forged and falsified to this very day, even though in March of 2012, the mortgage loan servicers collectively stated they would no longer allow business to be conducted that way. That too, was also a lie. As was exemplified in the documents found in the land records in the Osceola County Forensic Examination by my team and I, there was and still is an ongoing pattern of illicit behavior, which at the time, the County Sheriff, the State’s Attorney, the Department of Justice and the FBI, refused to investigate.
A lie is a lie. A false statement is a false statement. The two cases in this post are no different in their conclusions that one cannot prosecute a case based on false evidence. That’s my take. What’s yours?