HAWAIIAN ATTORNEY IS FIRST TO TAKE NON-JUDICIAL TO US SUPREME COURT

ONE ON ONE WITH NEIL GARFIELD ONE ON ONE WITH NEIL GARFIELD

COMBO ANALYSIS TITLE AND SECURITIZATION

ALL HANDS ON DECK: SUBMIT AMICUS BRIEFS

EDITOR’S COMMENT: The third rail is now being broached and we’ll get our first blush at how the court will interpret the non-judicial power of sale in connection with the right to due process before life, liberty or property can be taken. Up till now the general consensus has been that non-judicial power of sale runs so strong on the rail of a favored public policy — judicial economy — that the banks have had a free ride.

But those laws have been antiquated by the introduction of securitization of receivables. At risk here is really simple “black letter” property law regarding recorded instruments, and really simple contract law and UCC provisions. What the banks want is absolution for their sins — but in order to do it, the Supremes would be required to override the property laws of every state, sparking a states’ right feud that when raised before, gave us the Civil War in living color.

In plain language, as we have repeatedly stated on these pages, in long analyses, you don’t have to get to the question of whether non-judicial power of sale is constitutional — i.e., being a matter of private contract. Every contract must be construed in a  reasonable manner. It is the MANNER IN WHICH NON-JUDICIAL SALE IS BEING USED BY NON-CREDITORS THAT VIOLATES DUE PROCESS, NOT THE STATUTE ITSELF. They are avoiding the requirements of proof of a judicial foreclosure. Non-judicial power of sale was never meant to be an exception to due process. It was always assumed that the the party using the power of sale was entitled to to file and would prevail in a foreclosure lawsuit. That is not the case now and the failure of the courts to see the distinction is corrupting the title chains of tens of millions of homes throughout the 50 states.

SEE foreclosureblues.wordpress.com

hawaiian-attorney-takes-the-non-judicial-foreclosure-due-process-violation-question-to-the-us-supreme-court

15 Responses

  1. AGENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE CO. FORGED MY NAME FOR LOAN REQUESTS FROM ENDOWMENT POLICIES WITHOUT MY PERMISSION OR APPROVAL

  2. AGENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE CO. FORGED MY NAME FOR LOAN REQUESTS WITHOUT MY PERMISSION OR AWHAT SHOULDPPROVAL. IT TOOK ME 30 YEARS TO FIND OUT. WHAT SHOULD I DO?

  3. My signature was forged for “LOAN REQUESTS” by an AGENT for Massachuetts Mutual Life Insurance Co. that I did not approve or consent to. I have written the company many many times requesting the LOAN REQUEST FORM, but they will not send them to me. The AGENTS name is HAROLD L. WHITNEY, whose license was revoked in JEFFERSON CITY, MISSORI for stealing. What should I do about this.

  4. AGENT FOR MASSACHUETTS MUTUAL LIFE INSURANCE CO. BY THE NAME OF HAROLD L. WHITNEY FORGED MY NAME FOR LOAN REQUESTS WITHOUT MY PERMISSION OR CONSENT. WHAT SHOULD I DO?

  5. At last. I have alway believed that non judicial foreclosure is unconstitutional when the remedy is sought by fderally chartered bank corporations created for public and national purposes. Read my analysis. Search for “Unconstitutionality of a power of sale Foreclosure” here in livingles. Futhermore, against the backdrop of the non judicial foreclosure and determine that the eviction is a malicious abuse of process, the purpose is to complete the denial of due process begun by the non judicial foreclosure and therefore by definition a denial of procedurral due process. Jennings vs Shuman, 567 F.2d 1213 (3rd )

  6. Gregory Bryl Esq,

    You statement isn’t making any sense

  7. Homeowner attorneys should be careful with due process challenges because they cut both ways. For instance, if homeowner is not entitled to certain protections, neither is MERS and other fraudsters. Your quiet title may become a lot more difficult if the due process landscape changes in this area.

  8. […] This post was mentioned on Twitter by Social Apocalypse, SteveTaff. SteveTaff said: RT@america1first HAWAIIAN ATTORNEY IS FIRST TO TAKE NON-JUDICIAL TO US SUPREME … http://bit.ly/hrqiQb SAVE AMERICA! […]

  9. It is real simple contract law. The problems is you can never get the original contract. Here’s a case where borrower claims fraud against the lender but he can’t prove anything because he probably only has copies in blank from the broker.

    http://californiahomemortgagecases.com/page/4/

    As for my own problems, after foreclosure, I’m still going through every state agency still trying to gather original signed and notarized copies.

  10. Forged signature by life insurance agent, whose license was revoked in jEFFERSON CITY, MO. for STEALING . If he did it to me , what do’S that tell you? His name is HAROLD L. WHITNEY, He forged my name for LOAN REQUESTS from MASSACHUETTS MUTUAL LIFE INSURANCE CO..wwithout my permission or consent. What should I do/

  11. It is important to remember that as soon as the robosigning made it into the mainstream media, the banks,or their successors and assigns,announced that they were suspending foreclosures in 23 states. These are the 23 judicial foreclosure states. They continued foreclosures in all the nonjudicial states, as the chance of any homeowner pointing out the fraud is about 1 in 5000. The true test of a man’s honesty is what he would do if he knew he would never be found out. In the case of nonjudicial foreclosures, the banks will never be found out, so their law firms just outright lie about everything. Sad.

  12. Unfortunatly no matter how intentioned, good or bad, this is I view it as an blanket decision that could effect states rights…..I do not agree with the premise of non-judicial foreclsure in todays world of “who lent the money”, however there is a remedy and that being to file suit using the knowledge we have.

    Gary

  13. @ John,

    “Due Process Questions USSC re non-judicial foreclosure” on Scribd http://scr.bi/eyHG4m

  14. Has the U.S. Supreme Court agreed to review this case?

  15. #50 is #1 – Perfect!

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