Tag Archives: Bar Association

THE SYSTEM OF THINGS: ANOTHER MINI-VICTORY IN FLORIDA!

(BREAKING NEWS — OP-ED) — This is not legal advice!  The author of this post is bringing you the latest mini-victory courtesy of Florida Criminal Code § 817.535 … and its applicability to defeating the banks’ servicer’s motions!  Read these briefs for your own educational benefit and understand that we are using “the system of things” to move the cases forward! 

(VOLUSIA COUNTY, FLORIDA) — A judge in Volusia County Circuit Court has DENIED the Defendant’s Motion to Strike in a mortgage foreclosure case.

SEE THE COURT’S ORDER HERE: motiontostrike-denied

The arguments posited in this case deal with what I’ve previously discussed on this blog site … statutory violations!

Not every state has the same kind of statutory components as Florida (some do) that offer a civil component that could bolster a homeowner’s claim that the bank and its servicer AND its law firm knew of should have known that what they proffered to the court through their pleadings and exhibits could come back to bite them.

Whether you are an investor who is faced with a legal conundrum  over an acquired property or a homeowner who is facing foreclosure, you should understand that there are statutes, which I explain in detail in the back end of THE QUIET TITLE WAR MANUAL, on a state-by-state basis, that covers statutory violations as well as your common law right to bring an action under consumer protection act statutes or based on a criminal component that could be brought into the mix in the civil realm.   For example, perjury is a felony.  If you are in a civil trial and you commit perjury giving false testimony, the matter now becomes a criminal matter … subject (of course) to the discretion of the court.   If the attorney representing the bank or the servicer lies to the court and misrepresents the truth or relies on false and misrepresentative exhibits as part of their presentation and pleadings, then what do you think the court should do to them?   It happens all the time in court yet homeowners’ attorneys seem to turn a blind eye to it.  Well, not EVERY foreclosure defense attorney turns a blind eye to it, but a lot of them do because (after all) we can’t “rat out the brotherhood now, can we?”

If an attorney for the bank tells the bank’s witness to misrepresent the truth on the stand (or in a deposition) and it is discovered through an evidentiary hearing that the attorney suborned perjury … well, that’s a felony too!

If you’ve read my posts on “Gutting the Underbelly of the Beast” … I’ve explained the process of what happens (and what’s available) by running a misconduct complaint up to the state bar’s disciplinary board.  You (as a pro se litigant) will NOT have the same results as a bar-licensed attorney who files the same complaint before the tribunal.  Statutory violations can thus be turned into ethical violations when the bank’s attorney doesn’t play fair and doesn’t tell the whole truth or misrepresents the truth in his pleadings and exhibits.

Now for the real slice and dice … 

Here’s the motion put forward by the homeowners, as Plaintiffs, which prompted the bank’s motion to strike:

amend_cc_08.20.18

This is WHY the judge denied the motion to strike and placed this matter for trial.

The way I’m reading this, it’s the perfect set-up for the ethical violations and eventual reporting to the bar of the charges so the bank’s attorneys would stand to be disciplined.  It’s the way the system of things is supposed to work!

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THE SYSTEM OF THINGS COMES HOME TO ROOST IN OREGON!

(BREAKING NEWS – OP-ED) —  The author of this post is a consultant to attorneys on matters involving chain of title, foreclosure matters and issues related to the system of “things”. This isn’t legal advice.  It’s the system’s way of telling you something’s wrong. 

PORTLAND, OREGON … Another group of attorneys, accompanied by a non-profit Oregon civil liberties group (made up of lawyers) has decided that the Oregon Bar has violated their civil rights and wants a federal court to stop the Oregon State Bar (a Public Corporation) from mandating that attorneys HAVE TO join their little “club” in order to practice law.

As I explained previously in GUTTING THE UNDERBELLY OF THE BEAST – PART 8, two Oregon attorneys filed a challenge to the Oregon State Bar’s public statement containing political views the two didn’t agree with nor subscribe to as part of the dues they pay the Oregon State Bar, claiming their civil rights have been violated.

Instead of simply suing the Oregon State Bar, Daniel Crowe, Lawrence Peterson and the Oregon Civil Liberties Attorneys have filed civil rights claims against the Bar’s Board of Governors, its President, its President-elect, its CEO, its Director of Finance and Operations and its General Counsel, claiming they all had a hand in the violation of their freedom of speech, freedom of association and for damages caused by charging them attorney fees to belong to what we in the mainstream like to call “the good ‘ol boy club”.

It stands to reason that every State of the Union has a Bar Association, which regulates the professional behaviors of counsel that practice law within its jurisdiction and to protect the public from unscrupulous behavior caused by them or the people who work for them who are non-lawyers.  These same bar associations also go after non-lawyers who hold themselves out as if they were lawyers in order to collect fees for writing pleadings and advertising their services at a discount, hoping to gain an income, which in effect, deprives lawyers of their income.  It’s what they called the unauthorized practice of law.

Even the U.S. Supreme Court has gotten into the act, its citations abound, as noted within the pleadings, which you can read here:

Crowe et al v Oregon State Bar et al, U.S. D. Ore No 3-18-cv-02139 (Dec 13, 2018)

For those of you who need some background, here is the original suit originally filed, that contains the actual political speech as an attached exhibit:

Gruber, Runnels v Oregon State Bar, US D. Ore No 3-18-cv-1591 (Aug 29, 2018)

It also stands to reason that every other major profession that operates within each state (insurance salesmen, credit service organizations, hair stylists, architects, engineers, etc.) also be regulated to prevent public harm, which an argument has also been made that this licensing entity should include lawyers (in other words, when we have the State doing it, why should we even have a bar in the first place?) under its governing umbrella.

Why am I not surprised that political advocacy-based litigation was prompted when the Oregon State Bar decided to publicly post a statement containing political undertones shortly after the “push back” occurred in downtown Portland?   This has brought “the system of things” to its opposite extreme … challenging the constitutionality of the “bar association” altogether using the Oregon State Bar as a poster child, specifically citing the April 2018 Bar Bulletin, which included two statements on alleged “white nationalism”, one of which specifically criticized President Donald Trump, attached as an exhibit to the pleadings.

I think we can all agree that the two-party system of things we have currently in place in America has screwed us all in one way, shape or form.  Each one of you have a bone to pick with the way things operate in America, right?  We all want America to be a better place, but instead, thanks to politics of all shapes and sizes, all of our civil liberties have been trampled on … and we sit idly by doing nothing while both sides promulgate their agendas upon us while wasting our tax dollars.  So it’s not just the Bar that’s in play here, it’s our whole system of things.

If we take away the Bar’s right to discipline its own membership, then how can we stop the bank’s attorneys from lying to judges and screwing all of us over in courts all across America?  How then can we stop law firms from participating in the creation and execution of documents that are recorded in our land records, particularly assignments of mortgage and deed of trust, that create standing for plaintiffs who have no enforcement rights to notes and mortgages, from continuing to come into court and illicitly rape Americans of their wealth with no consequence to them or the judges with their agendas that give them what they want (your homes)?

To some of you, this may be nothing more than airing dirty laundry before the American public in federal court; however, this is where you go when you want to go after a State Corporation, because the “state” will circle its wagons when attacked … and you’ll get nowhere … which is why we have State Tort Claims Acts.  While this suit is not posited as such, you get my drift.

While this is a blatant challenge to the State Bar’s right to mandate that attorneys belong to it so that if they “step outta line, the men come and take you away” (to quote Buffalo Springfield) … remember the chorus to that song?  It just got replayed in your mind … I see this thing settling out of court with the Bar agreeing never to do that again.  However, what if there is retribution against all the attorneys who brought these actions?  What then?  Where does it end?  Why shouldn’t every State Bar across the land be prevented from engaging in political speech?

Politics has become embedded within our entire judicial system!  If it wasn’t, we wouldn’t have judges with “agendas” that refuse to hear the truth about “whether we made a mortgage payment or not” or “Are you in default?” (as if we’re supposed to know what the term default means).  Half of you out there think that the term default means you didn’t make your mortgage payment, but as the saying goes, “That ain’t necessarily so!”  That WORD has political undertones in today’s foreclosure courts because it gives judges impetus to throw it around like confetti and use it to kick people to the curb with no proof that a default actually occurred … all the judge has to do is to get the borrower to admit he didn’t make his mortgage payment … the WHY doesn’t matter after that.   And the judge just stepped in and did the bank’s attorney a big favor by helping him win his case!  It’s no wonder that in the criminal realm, 92% of all convictions come out of the mouth of the accused!

And here I thought that by disciplining your children, teaching them right from wrong, could be considered “practicing law”.  Now, the system hangs you out to dry for child abuse for even swatting your kid on the behind in public for inappropriate behavior.

This is where conservatism and liberalism have ruined America.

 

 

 

 

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