Tag Archives: the system of things

MERS AND ITS ROLE AS A PLAINTIFF AND DEFENDANT … OR THE LACK THEREOF!

(OP-ED) — This is an educational overview as to what has taken place in the American legal forums in the last two decades and my take on what it all means:

UPDATE: Please see my comments to Lori’s question in the comments section as to Bank of America’s claimed “successor by merger” BS to BAC Home Loans Servicing LP fka Countrywide Home Loans Servicing, LP, especially using MERS to hide the real truth!

HISTORICAL PERSPECTIVE

On January 1, 1999, Mortgage Electronic Registration Systems, Inc. and its parent MERSCORP, Inc. (“MERSCORP”), surfaced as a new brainchild of the mortgage industry after two previously-failed efforts to put an effective electronic database into useable form.

MERSCORP is the “brain” part of  the “brainchild” … Mortgage Electronic Registration Systems, Inc. is the “child” part of the “brainchild”.

The acronym known as “MERS” was attached to the “brainchild” to further confuse the system of things from being able to specifically identify whether the parent or the baby bastard child is coming into play at any given moment.

According to research done by Robert M. Janes, J.D. (retired attorney) in his work SHELLGAME MERS, Contrived Confusion (available at esprouts.com), the “MERS” known in mortgages and deeds of trust as Mortgage Electronic Registration Systems, Inc. HAS NO “MEMBERS”, despite what attorneys for “MERS” have told judges all across America.  The entire system of things has bought into this crap.  Our entire judicial system has been permeated with lies.  As Hitler’s propaganda minister Joseph Goebbels stated (paraphrased), “tell a lie long enough and often enough and people will come to believe it as truth.”

MERSCORP however owned everything known as the MERS® System, up until the time that Intercontinental Exchange, Inc. (“ICE”, who also owns the New York Stock Exchange) bought MERSCORP and all of its assets and transferred all of the MERS servers to Mahwah, New Jersey, where ICE’s data servers are located.  This happened in October of 2018.  From February of 2012 until October of 2018, MERSCORP was merged into MERSCORP Holdings, Inc. and operated as such until ICE acquired it.

MERSCORP had all of the “Members” who technically are users and subscribers of its “MERS® System”.   They have an executory contract with MERSCORP.  As far as I can tell, when ICE acquired MERSCORP Holdings, Inc., ALL of the databases, memberships and every other facet of MERS went with the sale and transfer to ICE.

These latest developments also beg the question: Do I have to sue Intercontinental Exchange, Inc. if I want to go after MERSCORP Holdings, Inc., since ICE now owns MERSCORP?   That’s a question for counsel to answer; however, I personally wouldn’t sue either one of them, knowing what I know about NOT giving MERS a “leg up” … and given the fact that MERSCORP is now backed by the power of Wall Street funding!

MERS WANTS TO BE “ALL THINGS TO ALL PEOPLE”

Unfortunately for MERS, one State (Tennessee)’s Supreme Court gutted MERS’s business model like a chicken in the Ditto decision.  See attached:

MERS v DITTO_TN Supreme Court rules against MERS!

Unfortunately for the other 49 States, their respective Supreme Courts did not issue a ruling as succinctly as Tennessee’s ruling was.   Only Washington (Bain), Oregon (Niday and Brandrup), Montana (Pilgeram), Maine (Greenleaf and Saunders), New York (Agard, Bresler, Collymore and Silverberg), Kansas (Kesler), Arkansas (SW Homes), Nebraska (Dept. of Banking and Finance) and Missouri (Bellistri) did some damage to the MERS® System, but nowhere near the damage inflicted in Ditto.

Sadly, for the rest of the country, especially in Minnesota (Jackson) and Michigan (Sauerman), where the foregoing cases have propelled the MERS business model into fruition, homeowners in those states (except Minnesota and Michigan, where homeowners are essentially f**cked) have a long, uphill battle against any securitized trust that made use of the MERS® System to do its bidding.

REPUDIATION AGREEMENTS: A POTENTIAL WAY OUT

If you were lucky enough to have a mortgage loan originated by New Century Mortgage Corporation or Fieldstone Mortgage Company, you may have a legal solution as a possibility to consider in maneuvering through the legal pitfalls created by the use of MERS in your mortgage security instrument.

To date, to my knowledge and research, these two entities were the only two entities that had executory contracts with MERSCORP (or any form thereafter) repudiated their contracts with the MERS® System and its owner/parent MERSCORP Holdings, Inc.    See the attached below:

NCMC Notice of Repudiation

The foregoing repudiation was validated in the case of DiLibero v. MERS in Rhode Island.  I like to use this case because the Rhode Island Supreme Court likes to rub homeowners’ noses in MERS’s bullshit every chance it gets because Little Rhody’s lower courts have bought into the lies propounded by MERSCORP-retained attorneys.

See the case here: DiLibero v MERS_2015-13-190

In a previous post, I talked about the positive outcome of using the repudiation agreement as a means to assert the lack of standing of the Plaintiff Bank, unlike what happened in the Cruz v MERS case, where Cruz lost because he didn’t use the repudiation agreement. Duh?  (Was Cruz or his attorney even aware of this?)

See the case here: Cruz v. MERS_2015-12-136

The second known notice of repudiation was filed in the bankruptcy case of Fieldstone Mortgage Company, in a rather voluminous omnibus filing:

Fieldstone Mortgage Bankruptcy

As I teach in my COTA Workshops, repudiation of a contract in a Chapter 11 proceeding is like taking a dump.   Getting rid of excess baggage that could potentially weigh you down as to legal issues coming back to bite you in the ass.

In what I’ve just presented, both entities unilaterally decided they didn’t want to play in the MERS® System any further because they deemed it a potential liability and thus NOTICED MERS that they were ending their relationship with MERSCORP.  This has provided at least one homeowner with an “out”.

In what I deem is a “new twist” to the equation, the New York-based law firm of Jenner & Block (where Neil Barofsky works), issued a memo, dated January (2019), entitled “Recent Developments in Bankruptcy Law”, wherein Section 9 talks about “executory contracts” and where the debtor in possession (of whatever is part of the debtor’s estate or business) does not need court approval to repudiate (or cancel) an executory contract (see below):

NOTE: Click on the picture to see it in full size!

For a full copy of the report (in PDF format): Recent Developments in Bankruptcy Law, Jan 2019 (Jenner & Block)

What does THIS SAY for Chapter 11 petitioners who repudiate MERSCORP executory contracts NOT needing court approval?   How do you know a MERSCORP executory contract with a so-called “MERS Member” was cancelled by the Chapter 11 debtor unless you ask about it (in discovery)?   Would you care to go rummaging through bankruptcy court filings (at ten cents a page)?   The repudiation agreement by the defunct lender or notice of such may not even be in there!

MERS AS A PLAINTIFF

In the states that allow Mortgage Electronic Registration Systems, Inc. to file a foreclosure action against a borrower, MERS is simply claiming that it’s exercising its right to foreclose per the language in the security instrument.  In some cases I’ve seen, MERS’s attorneys even come in and attempt to claim a surplus after the sale, even though MERS itself receives no payments, incurs no financial harm, etc. (see Restatement of Mortgages, Third § 5.4), which I think the law firm is clearly attempting to pilfer whatever surplus it can get for its own gains and not those of MERS or its parent.

The problem I have with MERS being anywhere near a foreclosure is not so much the contractual angle, but the damage angle, based on the Spokeo v. Robins decision by the U.S. Supreme Court.  How was MERS damaged?    In the Robinson case in California, MERS plead to the 9th Circuit (as part of getting the appellate court to affirm the lower court’s ruling) that its business model would be harmed if the appellate court didn’t rule in its favor.  You see how the lie permeates into the appellate court system?

Sadly, I liken MERSCORP CEO Bill Beckmann and his Board of Directors as a little Hitler and his band of little crony “yes-men”.   They all need to be in jail!  And speaking of Hitler …

MERS AS A DEFENDANT

The main reason that MERS (as Mortgage Electronic Registration Systems, Inc.) is listed as a Defendant in foreclosure cases is because the Plaintiff REMIC or servicer (posing as the party claiming to have the right to enforce the security instrument) wants to notice MERS in order for MERSCORP employees to check the database to make sure that there aren’t any other “mesne assignees” hiding somewhere within the chain of custody of the electronic trading going on involving that alleged loan, in order to provide a “clearing” of potential unknown Defendants that may come in later and file a claim in the case.

THE SUPREME COURT HAS (TO DATE) NOT ALLOWED ANTI-MERS CASES TO COME BEFORE IT

Writs of Certiorari have tried and failed.  However, I still believe that we will continue to see more MERS-related decisions appealed to the nation’s highest court until the matter of MERS’s flawed business model and the damage it has inflicted on over 80-million homes finally gets resolved.

THE BOTTOM LINE IS STILL THE ASSIGNMENTS: THE DEVIL IS IN THE DETAILS! 

Again, if you go into the back of The Quiet Title War Manual, you will see state-by-state listings of statutes that cover certain elements of law involving quiet title, declaratory relief, deficiency judgment law, etc. … and below that section, three individual paragraphs on actionable statutes and case law involving violation of statute in the recording of documents into the land records which contain false information (many of which are felony-rooted in nature) or violate provisions of state consumer protection act laws.  We are now (based on my past posts) seeing the use of these mechanisms in attacking the banks’ attorney(s) (because sometimes there is more than one attorney or law firm involved in any given foreclosure) in turning a statutory violation into an ethical violation!

When a foreclosure mill attorney is put “at risk” of being suspended or being disbarred for suborning perjury, committing perjury or some other ethical misconduct, do you really think he (or she) is going to want to stay in the fight?   Further, what future substituted law firm would want to step “into the pile of poop” created by the first law firm, knowing it would put itself “at risk” of having its Errors & Omissions insurance policy attacked?

Things To Watch Out For …

  1. Any entity that has filed for Chapter 11 Bankruptcy before 2010 … as to whether they got court approval to repudiate the MERSCORP executory contract.

This provides you with a potential argument (or at least an affirmative defense to a foreclosure) that MERS and its alleged “agents” (“officers’)  for the “nominee” has any authority that was repudiated by the originating lender (debtor-in-possession);

2.  Assignments dated AFTER the originating lender filed for bankruptcy (easily discovered on Google or Google Scholar).

You especially want to check for language within the assignments (of mortgage or deed of trust) that says, “together with the Note”, because MERS cannot transfer what it does not have an interest in.   Secondly, not many people argue that there is no specific right delegated to MERS to “assign” anything.   Thirdly, NOTES ARE NEGOTIATED … not transferred or assigned; and

3.  Any mortgage foreclosure complaints, notices of trustee’s sale or similar notices that reflect that MERS has any authority to do anything, specific to the state of the union you are in.

Certain states, as I’ve mentioned before, do NOT allow MERS to do much of anything, while in other states, MERS can pretty much steamroller over homeowners.

My question is, why are you still living there?   Or better yet, why haven’t you attacked the assignments in Consumer Protection or statutory claims?

The Devil Is In The Details

Always check the assignment of mortgage or deed of trust for:

  1. Self-dealing (by the servicer and its employees);
  2. Claims that the note was “assigned” in addition to the mortgage or deed of trust by MERS;
  3. Names and addresses of law firms involved in the assignment;
  4. Names and addresses of title companies involved in the assignment;
  5. Names and addresses of servicers involved in the assignment that claim the Plaintiff’s address is in c/o the servicer’s address;
  6. Names of known robosigners involved in the assignment;
  7. Names of notaries participating in the assignment that are acknowledging under PENALTY OF PERJURY;
  8. Phony MERS addresses (like their alleged Ocala, Florida address, which actually belonged to Electronic Data Systems);
  9. Dates of assignments that well post-date the REMIC’s 424(b)(5) Prospectus Cut-Off and Closing Dates;
  10. Post-dating or back-dating of the assignment; and
  11. Documents created in one state that are executed in another state.

Any of these “details” can be used as evidence to go after the law firm attempting the foreclosure!   And THAT my friends … is how the system of things should work!

Coming soon …

P.S.: Hat tip to David A. Rogers, Esq. of Austin, Texas for the Fieldstone materials!

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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 IS IN PLAY IN ORANGE COUNTY, FLORIDA!

(BREAKING NEWS — OP-ED) — URGENT!      URGENT!      URGENT!       

The author of this post is relaying the latest information as it’s coming to us out of the court record as it relates to the way “the system of things” is supposed to operate.  This is for your educational benefit as it shows where the judge did the right thing! 

(ORLANDO, FLORIDA) — A Florida Circuit Court Judge has put the brakes on a foreclosure sale by setting an evidentiary hearing after a Motion to Vacate was filed by the homeowner’s attorney and an emergency meeting was held to determine the legal objections of an attempt by Nationstar Mortgage LLC and the real party in interest (Fannie Mae) to steal a property belonging to Jonathan Mack, the defendant homeowner in this case.  I am not simply regurgitating the excitable phone call I received early this afternoon (on the 15th of January, 2019) from parties familiar with the case.  It appears there will be expert testimony presented in this upcoming hearing.

It is a known fact that the foreclosure mill of Robertson, Anschutz & Schneid is involved (representing Nationstar).  Through the pleadings and assignments, they managed to get a judge (Weiss) to agree with them and the judge allowed the foreclosure.  See the Certificate of Sale below:

certificate of sale_mack

It is amazing how other bidders attempted to purchase the property, only to be beat out by $100 by Fannie Mae (ain’t that something).  I surmise that it wasn’t over the objection to the sale by the then-homeowner’s attorney, Chris Lim:

objection to sale_mack

bid log_mack

My understanding is … is that the former attorney wasn’t doing much of anything (typical of the way most foreclosure mill attorneys treat their annuity clients), until a new attorney that “gets it” stepped in, filed the motion and set an emergency hearing.

If the proof is in the pudding (as it were), the attorney obviously got through to the judge:

court minutes_mack_evidentiary hearing set

We anticipate expert witness testimony will take place at this hearing, followed by a formal Bar Complaint by the expert witness attorney against all lawyers from the foregoing law firm who participated in this fraud on the court (once determined).  Only a judge can “do the right thing” and make that determination.

If you’re an attorney … and you lie to the Court … you should be dealt with before the state bar.  THIS is how the system of things is supposed to work.

You have to get to this point in the proceedings.  It does NOT have to come to full steam at the point that THIS case did.  This point does NOT come all by itself.  This point is part of a strategy that sadly, most homeowners don’t want to consider until it’s too late.  This could have been dealt with in discovery, IF foreclosure defense attorneys (I’m not saying they’re all ignorant of how to conduct proper discovery) did the right thing when they were supposed to.  Some foreclosure defense attorneys have taken clients’ money and done nothing.

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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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THE MINDSET OF SOME FEDERAL JUDGES IS DISCONCERTING …

(OP-ED) — 

It scares me when I have spent hours upon hours doing research into the behaviors of the American federal judicial system and after fully digesting the U. S. Supreme Court cases of 07-1015_Ashcroft v Iqbal and 05-1126_Bell Atlantic Corp v Twombly et al … I find it a bit disconcerting when I talk to attorneys about their experiences in federal court and they tell me that suicide would be a better alternative.

From recent white papers I’ve read on the subject, legal scholars have pegged the federal judiciary as nothing more than glorified “case managers” … and the most recent article posted by the American Bar Association confirms my suspicions when I read that judges now want to eliminate discovery in cases involving less than $500,000!  The average homeowner’s residence in this country is less than that sum, so what does that say for your due process rights in courts of limited jurisdiction, which the federal courts are?

If this was not a significant assertion, made by a 3rd U.S. Circuit Court of Appeals judge at a Federalist Society panel last month, I would have dismissed the white papers I read as speculation backed by demonstrative case law.

(Hon. Thomas Hardiman)

This judge received applause for his remark to the panel when he said, “If I were to do something unilaterally, I would probably institute a new federal rule that said all cases worth less than $500,000 would be tried without any discovery.”   Another 6th Circuit judge, Hon. Amul Thapar, another judge said to be on President Trump’s short nominee list to the Supreme Court, said that clients and their lawyers would both be happier if they could get to trial more quickly, to which Hardiman added that because vanishing jury trials in federal courts are more common, judges have put increasing reliance on alternative dispute resolution, stating, “How many clients win, and the judgment they earned was less than the fees they paid their lawyer?  That’s a Pyrrhic victory.”

What then does that say for the idea that banks are so willing to remove foreclosure cases to federal court because they already are aware of the outcome (a 12(b)(6) dismissal)?   Yet, homeowners are so eager to file cases in federal courts using federal questions and statutory violations like TILA and RESPA, when the actual damage suffered has yet to be determined.

Other judges attending the panel discussion also noted that federal rules already require that discovery be “proportional to the needs of the case”. Others stated that “discovery is a key element of our current adversarial system, often leading to obtaining evidence of legal violations via admissions in sworn testimony, smoking-gun documents or memos that demonstrate wrongdoing.”

While the federal system has apparently recognized abuse in the discovery process, their roles as case managers appears to be expanding so they can rid their dockets of garbage lawsuits, citing one means of doing so is by implementing a civil Brady Rule, which basically promotes the idea that in civil litigation, the parties would have an affirmative obligation to turn over discovery, even if it’s harmful to them!  Under the status quo, such damning evidence might get buried under a pile of evidence like “a needle in a haystack”.

This would imply (at least to me in my non-lawyer mindset) that I’m not going to get a fair shake in any federal court anywhere in the United States of America because everyone’s simply looking to find ways to chuck my hard work … case in – case out … by applying case management standards, mediation and when necessary, applying the “big stick” of sanctions if I insist on my due process rights to discovery.

It’s no wonder the banks play their crooked games in state court.  They know they’ve got a “back door” if the homeowner responds with removal to federal court or comes forward in the state court action with something that could hang the banksters and their lawyers out to dry. When threatened, the bank’s lawyers remove the case to federal court, because most cases involve an out-of-state lender and/or servicer and an amount necessary to sustain diversity jurisdiction ($75,000).  This is why class actions are starting to be frowned upon at the federal level.  Boutique law firms can get rich off the backs of our dilemmas!  Examine the number of FCRA and FDCPA actions being filed singularly versus class action and you’ll see what I mean as to the treatment they get.  And these are statutory violations that mandate federal district level filings!

Lazy man’s way out, I say!

If no one wants to get to the truth, why do we keep supporting this federal justice system by electing folks who nominate and vote them into permanent judicial status, giving them loads of inherent power, when you can’t get a fair shake?   What a waste of tax dollars!

It’s a Catch 22 of “feeding the monster” that at a point in time will devour us! This is why I advocate keeping your cases on the “local level” and letting “the system of things” do what it’s supposed to do.

 

 

 

 

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