(OP-ED) — This overview of cases involving civil rights abuses are the author’s opinions based on his legal research and are for educational purposes only and should not constitute any rendering of legal advice or seek to draw any conclusions of law. This is the third discussion of three parts.
ANOTHER NOVEL NOVELLA (IN THE FIRST PERSON)
And now we come to an interesting new idea … well … maybe it’s not new in the system of things, but it is new when it comes to the violation of your civil rights and today’s alleged justice system. I use the word “alleged” because most homeowner-borrowers facing foreclosure may find there is no justice unless you find a way to weave through the trickery and deceit brought on by the foreclosure mills, plied upon the courts and the courts’ own mindset to opine your outcome, based on emotions and less on facts.
The idea came into manifestation when one of my “sources” relayed a bit of information about a woman in Volusia County, Florida, a county where the circuit judges there get subscriptions to periodicals that basically state the “hierarchy” was watching their judicial outcomes with the idea that “all good ‘ol boys” get promoted to positions of higher power if they play the game well. So I asked myself what incentive would that provide? Does that mean that the more the judge commits injustices against homeowners in foreclosure, they not only get a “go pass”, they get promoted too?
All today’s judges care about is who has the promissory note, indorsement or no indorsement, “That’s good enough for me.” If I had a nickel for every time I’ve heard that extemporaneous comment, I’d be rich. I’ll bet most of those notes were downloaded out of the MERS® System by parties not entitled to enforce them because the rightful owners of the note were out of business or simply overlooked them amidst the sea of loans.
I would think that if the courts and the legislatures are going to allow the Clerks, Recorders and Registers of Deeds archives and databases to be littered with assignments loaded with pre-emptive false and misrepresentative statements to stand, then why do we need these databases in the first place? One would think that if the judges aren’t paying attention to … or simply don’t care about what’s in those documents … that they only care about their own political asses, then I say there has to be a change in the justice system, one way or another. What a novel way to implode the justice system in this country … politicize it … and watch it become indifferent. Manipulate it with bank money in the form of donations to political campaigns … and you have the catalyst for failure.
Today’s justice system is loaded with bias. If it wasn’t, the term “free house” wouldn’t become such an excuse for foreclosure mill attorneys to push the judges’ hot buttons. In my book, any foreclosure mill attorney who directs, participates in or creates in whole or in part, any document that contains false and misrepresentative statements with the intent to steal a homeowner’s property through the perversion of justice needs to not only lose his bar license, but be locked up in jail for at least 5 years … because the attorney should know better!
I now reveal the source’s idea: Open Records Act (using your state’s own request forms) as to: All emails and email streams that involve your specific case, including but not limited to: (a.) ex parte communication with the law firm prosecuting the foreclosure against you; and (b.) any communication involving the judge, the judge’s assistants or anyone inside the prosecutorial venue handling your foreclosure, specific to your case.
I now postulate the following example, received from my source, with analysis that follows. The emails are contained in the PDF format file that you can download and read (see if you can figure out what’s going on).
The picture you see here is that of Florida’s 7th Circuit Judge, Katheryn D. Weston, who is also a member of the Florida Bar. The email stream that appears within this post is that of her Judicial Assistant, Jody Anderson, who is communicating with one of Florida’s notorious foreclosure mill law firms.
The Defendant’s name in this case has been redacted. If you are somewhat befuddled about what you’ve read in this email stream, let me clarify a couple of things from an outsider’s point of view:
- The foreclosure mill law firm is directly communicating about the case with the judge’s judicial assistant (“JA”; “Jody Anderson”) without the presence or knowledge of the borrower-homeowner;
- The judge’s JA appears to be providing “direction” to the foreclosure mill law firm’s paralegal/legal assistant;
- The judge’s JA appears to be dropping “hints” as to how the judge is going to rule or might rule; and
- There appears to be a signed order involved ahead of the potential hearing to make the matter public record.
All of this was done behind the scenes and without the consent or knowledge of the defendant borrower in Volusia County, Florida!
As a suggestion (here comes the “if it was me, I would …” line) … carefully follow the Open Records Act laws in your state and use the format provided, you may discover more than you bargained for, even if you are in a non-judicial state (since Florida is a judicial state, we provide a classic resulting example from that Open Records Act scenario). Again, this is my observation and not legal advice. You have to do your own research.
CAUSE AND EFFECT SCENARIOS
In many states, judges are required to have a fidelity bond. All are required to have an oath of office. The Oaths of Office are found in the land records of each county where the judge serves. What? You didn’t know that? You can also request a copy of the judge’s oath from the Clerk of the Supreme Court of that State. You don’t need to waste your time asking for it in court and pissing off the judge (you’re actually posturing yourself as a sovereign citizen and you’ll make things worse for yourself). In Austin, Texas, one “patriotic-minded” fellow was reportedly escorted out of the courtroom in handcuffs after he demanded the judge’s oath before the foreclosure hearing could begin. Some judges like to “play God” for 15 minutes. In “rocket-docket” type foreclosure settings, you’ll be lucky if you get 2 minutes! Talk about civil rights issues presenting themselves.
I’ve seen it with my own eyes! And none of the homeowner-borrowers who were being deprived of their due process rights didn’t even have a clue they had any due process rights to defend their property because they’ve forgotten the law! All I heard was “boo-hoo” from most of them … and … “How long do I have to move out?” In one instance, the judge actually answered this little old lady who made that statement in tears with, “You got 3 days honey! Better get out now!” In one Charlotte County, Florida courtroom, it’s been reported that a foreclosure court judge actually threw a law book at a pro se defendant (from the bench) because the judge didn’t like their comment.
In another case in Broward County, Florida, Judge John Murphy actually told a public defender he was going to take him out in the hall and “beat his ass”! … and then reportedly actually did it! The Florida Supreme Court removed him from the bench … permanently. Fecking Eejit!
In some states, the actions of the judge and the resulting damage can be covered under the State’s “risk pool”, which might be accessible with the idea that they could be drained if a hundred people filed individual civil rights suits and drained the pool just in legal fees alone. It would be interesting to see if multiple Open Records Act requests proved that the foregoing stream of emails presented here happens more often than not.
Hypothetically, if a homeowners group of that many people were to launch a barrage of individual civil rights actions based on their specific cases, I believe the States’ risk pools would be severely impacted based on legal fees alone used to defend them. That would send a clear message, wouldn’t it? I do not believe that class action lawsuits benefit anyone but the attorneys, so I personally wouldn’t be a part of one because the circumstances surrounding the foreclosure would all have to be identical in order to have a “certifiable class” of plaintiffs, when in fact, most circumstances are different, as country singer Lacy J. Dalton found out in a Nevada federal court during the backlash of the last foreclosure crisis.
Since the judge is a member of the Bar (no matter what State you are in), bar complaints can be filed. Since the judge is a seated judge (and you feel your civil rights have been violated or the judge has committed some sort of egregious behavior against you in court [i.e. bullying, having you thrown out of court because of a legal objection you made, intimidating you with threats when you’ve done nothing wrong, physically thrown things at you, etc.]), you have a right to present your complaint to the State’s “judicial review board”. These boards decide what if any infraction has been committed versus what punishments are meted out. They all go by different names (in Florida, it’s the Judicial Qualifications Commission, or JQC … as an example) depending on your State.
Deprivation of rights under 42 USC § 1983 is what State Tort Claims Act actions are all about. If more than one actor is involved, the case becomes a combination of 42 USC § 1983 AND 42 USC § 1985. But don’t just take my word for it … go look this stuff up for yourselves and get educated. If anything, as one retired Florida attorney told me, it’s great leverage to stop the hierarchy from prosecuting you for something you didn’t do (i.e. UPL, are you in default in your loan is allegedly parked in a REMIC trust?).
If you seriously think that the “authorities” will prosecute any of these alleged statements of perjury, think again. They’ll all tell you “It looks like a civil matter to me.” even though the statutes say otherwise. Sheriffs should have a bond too. While you’re at it, look up the definition of 18 U.S.C. § 4.
Have you ever stopped to recognize that when a judge fails to recuse himself from a foreclosure case because your research showed a conflict of interest, that failure to recuse could intimate bias towards your case? I have.
Have you ever actually checked your phone lines and computers to make sure they haven’t been tampered with? One homeowner facing foreclosure in Kansas City, Missouri was having problems with her internet and phone service, called Time-Warner Cable, who then came out to her home … and traced her problems to a wiretap kit illegally placed there after someone broke into the woman’s home when she wasn’t there and hooked it up to monitor her phone and internet activity so the law firm representing the lender could “head her off at the pass”. The FBI was called in to investigate. Don’t think this couldn’t happen to you? Think again.
And that same Kansas City, Missouri homeowner, who was facing Bank of America’s attorney’s in court, discovered that a junior associate of the foreclosure mill law firm prosecuting the case attempted to bribe the federal Docket Clerk to hide the homeowner’s court filings, so as to delay them, causing them to be stricken because they weren’t timely filed. That exchange between the Docket Clerk and the attorney for Bank of America was witnessed on a downtown street corner by two other court clerks who immediately reported the incident to Magistrate Judge John Maughmer, who I have had the pleasure to meet and give a copy of Clouded Titles to. That was back in 2011. After finding out the bribe attempt was true, the Docket Clerk was dismissed, so I’m told.
And how many of you have already started contacting civil rights law firms to inquire about representation in State Tort Claims Act suits against judges and the counties/states they represent? I would think that if 100 people filed individual civil rights claims against a single county, due to the egregious behavior of a foreclosure judge, that county’s money supply would be exhausted in legal fees, not to mention its resources, in defending that many lawsuits. That would be like giving a county with a shitty political system a dose of its own medicine. Wishful thinking here? Maybe.
And how many more future foreclosure defendants are going to research the law firms to look into the backgrounds of every document the law firm itself is involved in that made its way into the land records? I’ve already looked into that and many more law firms are becoming more involved in asking for document mills or “default servicing” departments to “invent” records to be used in a foreclosure against a homeowner. It appears to be coming more predominant these days. I cite the following example below:
In the foregoing document, notice who it was “Prepared by:”? The supervising attorney for the law firm prosecuting the foreclosure!
Also notice the document claims that MERS was a nominee for Ameriquest Mortgage Company (who went out of business 10 years earlier)? The subject deed of trust, which acts as the security instrument for the collateral given by the borrowers for the note, made no mention of MERS at all … and the Mississippi Chancery Court Judge (Daniels) gave the homeowner’s house to LSF9 anyway, despite being presented with that knowledge. She’s the judge that had to get to her daughter’s volleyball game. I have a feeling there’s some ex parte communications by email there (in fact, there is) with the judge’s JA. This case is still administratively unfolding. I implore the homeowners to contact a civil rights lawyer as soon as possible because I believe there’s something amiss here … as amiss as the 2020 elections.
Here’s a suggested read … From Freedom to Slavery by Gerry Spence. After reading Chapter 1, try not to cry yourself to sleep.
What Spence, the “Cowboy Lawyer” simply points out is what this country has experienced in the past … and for those who are ignorant of history, you are condemned to repeat it.