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EDITOR’S COMMENT: Max has captured the mood of all of us frustrated by the oppression and depression that has gripped the psyche of our country. What I don’t understand is how lawyers are rationalizing their failure to join the fight. Even if their motivation is money, the financial rewards of a good fight are far more than anything most lawyers are doing now.

Equal Justice under the Law

An Essay by O. Max Gardner III

As consumer lawyers, we are trained to believe that our legal system should be fair – equal justice under the law – yes, the same law and the same order for all of us.  But, for those of us in the trenches doing mortgage defense litigation or representing consumers in bankruptcy cases, we all know that there has been one set of rules for us and another set of rules for the banks and the law licenses they rent.  What is a “technical” violation for the banksters has been a legal disbarment case for us.  What is a “ta-da” note indorsement for the rent-a-lawyers, has been a sanction imposed on us for discovery abuses or for failure to timely disclose “relevant” evidence.  What has been a massive fraud on the courts at unprecedented and truly historical levels by the so-called holders of the mortgage notes has been just another debtor wanting a free house for us.  I could go on and on but redundancy is boring.

The truth of the matter is that we have been playing on a field that has been tilted about 90 degrees in favor of the financial institutions for decades.  But, the truly astounding fact is that we are still playing.  We are still in the game.  And, somehow, someway, we score a few touchdowns now and then, hit a few field goals once in a while and sack the quarterback once in a while.  In fact, we have scored more points in the last year than in the last five years combined.

So, the bottom line for us as this year comes to a close is that there is hope.  We have made some real progress.  We have opened the eyes of many judges and many more trustees.  We have taken our true facts to the media and many reporters have seen the true light and have written about it.  David J. Stern is no longer in business and a lawyer by the name of Baum no longer has his truly scary foreclosure mill in New York.  And, we have accomplished all this while running either uphill or downhill on every single play.

But the truly sad and indeed bad news for our system of justice is not directly related to us but to the hundreds of thousands of Americans who do not have any level of legal representation.  It is not fair and there is really no hope when an untrained and non-represented consumer must go into court alone.  As hard as the battle is for us, the trained lawyers, what about the family that goes before a judge alone in an effort to avoid a foreclosure on their home?  I mean these folks don’t have chance in hell of winning.  I have a better chance of winning the Mega Millions or the Powerball lottery than these consumers have of avoiding the demurrer or the motion to dismiss.

The bottom line is that the right to have your day in court should not depend on whether those in need can afford to retain an attorney.  But this is how it is in our America.  Money talks and the rest of us walk right out of the courtroom with a signed dismissal order.

Civil legal assistance to low-income people has been available in the United States since 1967 but always with shoestring resources.  For many years, any mode of representation for the less affluent has fallen on our legal services programs.  But, the second Great Depression has hit beyond the families that legal aid organizations serve – it has also struck a severe blow to the organizations themselves and the funding they must have to do their work.

On November 15, 2011, the United States Congress cut $56 million from the Federal Legal Services Corporation for next year.  As a result, federal support for the specific purpose of providing legal services to low-income people will drop by 15 percent in 2012.  But, the full picture is even worse. Federal legal services funds for all programs were already cut by hundreds of thousands of dollars this year.

So, if you start feeling sorry for yourself; if you get down on the cases you lost this year or the ones you should have won; if your start to give up or give in on our mission; if you feel that what we are all doing is not worth the mental and emotional price we all must pay; if you are tired of the threats and the truly dumbass lawyers on the other side; if you think any of these things, then pause for a moment or two and think about the millions of Americans who have had no legal assistance at all and the millions more who will have no legal assistance in 2012 and beyond.  Think of them and the fear they face every day.  Think of the uncertainty of their lives and of their children.  Think about their lack of hope and their feelings of total helplessness.

And when you are finished thinking, then give yourself a very hard and an extremely strong kick in the ass and get ready to go out there and fight the good fight every single day of 2012.  And, every day means Saturdays and Sundays and holidays.  And, every way means anything that is legal and ethical and proper and within the rules.  We always play inside the lines. And, remember, this is not just about the unrepresented consumers or about the judges and trustees we deal with every day but about saving our system of justice and due process from the unprecedented level of fraud and the endless lies of the creditors and their lawyers.  In short, it is time for us to clean up the biggest national crime scene in the history of these United States of America.  Law and Order must be restored and our system of just must be preserved.  The torch is in the air and like it or not we are the only ones left to catch it!

46 Responses

  1. I will..I read here often…I’ve used it in my pleadings. take care.
    Peg

  2. no I don’t know, there is so many actions going on and tragedies everywhere, it really a debris field. Staly in touch. Robert.

  3. Hi Robert,
    Thank you for your words of encouragement. I plan to do just that.
    last minute, I finally have just found an attorney this month, but he divides his time between three states and his cases are the tough ones no one takes.
    I’ve been at this sense 2008 on my own.
    I ran across Holly’s story.
    She is heavy on my heart…but I know 1st hand what damage this does. It’s like trying to survive cancer. I want to know if she survived.
    Do you know???
    Peg

  4. Peg keep on fighting the battle against and make them prove they have the standing chain of titile etc. This sounds liike illegal foreclosure, Statutes in your state law library are sources, bring suit for the amount of the mortagage 3x that amount. good luck and God Bless.

  5. What happened to Holly? Holly are you out there? Are you still in your home?
    I am one of the many “Hollys” out there.
    Mine is with Wells Fargo and Freddie Mac too. I live in the non judicial state of Idaho. My home was rig bid sold on May 16 2011, but I’m still here. I have been fighting on my own mostly. Freddie Mac filed eviction on me and i have been in court ever sense.
    The got Summary Judgment and I appealed. I had to file for a TRO on my own and the judge granted it – with a $500.00 month bond to be paid to the court.
    I have researched and filed complaint with every gov. agency I know…
    I go back to court in Nov. What happened to you?
    Praying…
    Peg in Idaho

  6. ok you also can request for a quiet title if you go back to court and it will be made if accomplished a whole property in your possession or record what you have at recorders office in the county your are in. you might check to see what if anything the bank or interested party has recorded, and stay in home even under adverse possession, dont become complacent. we know that they will attempt anything. robert

  7. Hi Robert:
    My bankruptcy discharged in 2008. I am in no jeopardy of being foreclosed upon whereas I have a written agreement with the bank that no action will be taken against me while in litigation and this was a trade off if I withdrew my motion for preliminary injunction. Same effect. Last year the bank told the lawyer to settle my case and here I sit with no finality. The lawyer stated to the court that it has been difficult to settle this matter because I am of the opinion the note and mortgage are unenforceable which they are.
    I am sticking to my guns and they will pay with cash or their freedom it makes no difference to me, one way or another I will be made whole and the criminals will pay.
    My bankruptcy has been put to bed; when the court refused to re-open my case, essentially any assets I may have are deemed abandoned and are mine to litigate. I will be honest and say that I would rather have my bankruptcy annulled, pay my creditors and have my life back; in other words be returned to the status quo.

  8. i have read your note and agree with you, take no prisoners, typical you are titled to 3 times amount of note and should be awarded on a fraudulent case. also look in the lateste bk-7 rules and you will see that attorneys are responsible for thier actions via congressional subcommittee ruling and form they are required to fill out stating documents etc. look it up federal bankruptcy codes, it was released in december and filing clerks are passing them out to attorneys to fill out. opposing att. are required to fill it out. educate the att and the judge. this may help. if you are required to be under bk-7 that alone is a stay from foreclosure, if they plaly by the rules. you can also create a motion for adversary hearing unker bk-7. good luck robert

  9. @ Pat &Enraged;
    We all share a similar story. The Bank of America attorney tried to force my case back to the bankruptcy court claiming among others my claims belonged to the Trustee and not me.
    His plan backfired and the Judge said he saw no reason to reopen my bankruptcy. The reason they do this is that if this tactic is successful, they then try to buy your claims from the Trustee. I do not even know what to call these people anymore or how to categorize them. What I call them on a daily basis, I cannot repeat here.
    Because they want to play dirty pool, I have embarked on a mission to take them down anyway I can and I have many pieces of wood in the fire. I hate to say it, but I kind of like the banks lawyer but I have warned him that no matter what this is war and I am taking no prisoners, they will be left where I find them, dead on the battlefield.
    No surrender no retreat.
    After a discharge has issued and your fresh start has begun, it would be prejudicial to you and your new creditors to force you back to the bankruptcy court.
    Whereas any claim you did not declare on your schedule of assets against this scum, is no fault of your own because the violations where intentionally concealed from you and were inherently undiscoverable.
    If they try to force me back again based on my supplemental complaint, I am moving that my bankruptcy be null and voided because of Countrywide’s intrinsic and extrinsic fraud perpetrated on the court and me. I am going to put someone in prison before this is over.

  10. What do they do in a case like mine where I have Prima Facia Evidence that unequivocally supports all my claims? How do they overcome the Milestones Report from MERS that is void of any conveyances or assignments until the day after the federal Judge in my case denied BOA motion to dismiss? How do they overcome the assignment to the trustee filed in the registry of Deeds 6 + years after my loan entered that Trust? There can be no assignment after the 90-day period past pursuant to section 2.01 of the PSA. Moreover, MERS assigned the NOTE. There can be no assignment after they declared my loan in default because it is not a qualified mortgage pursuant to IRS 860G. This is all bullsh*t, smoke and mirrors. This will be an interesting battle. Their arrogance will be their undoing. Am I entitled to a pro-rated share of the pool? My end is over 4 million.

    What we need is to get a lawyer from every state to jump on board with a 50 state MDL class action under the RICO statute and bury these criminals. They are vying for time with the hope the statute of limitations will run its course and the DOJ is allowing that to happen. There is no statute of limitation under a continuing Conspiracy such as the case here. A RICO is the answer. The problem is whom can we get to put it together. It is very complex to plead a RICO properly and it needs a skilled mind. If the case were not pled properly, it will not survive a dispositive motion.
    This is our answer and solution to this nightmare. If the DOJ will not bring the case that is necessary to combat these criminals, we can as a civil matter.
    We indict the five major banks and all the Wall Street firms and their accounting firms for all the false documents filed with the SEC. We name all the financial officers and the Board Members. The amount of money we could recover would be staggering. In the process, we would force these bloodsuckers into bankruptcy like they have done to millions of us. Who the hell needs these parasites’?
    Who here has any doubt that this is a continuing criminal enterprise worthy of a RICO Complaint?
    If we were successful, they would have to disgorge their ill-gotten gains, pay treble damages, punitive damages, actual damages. In other words, we could recover the 550 Trillion they stole from us.

  11. @Pat1,

    It never ends, huh?

    I went through similar things you went through until I got so fed up that I went on the attack. It takes a while for me to lose patience but the banks got me there and now, I am determined to go all the way.

    I know that I know that I know that, by using guerrilla tactics against the banks, i.e., one lawsuit at a time, one homeowner at a time, followed by major class actions once homeowners are safely put in their houses for good, banks are going to end up spread so thin that they will have to relent, regardless whether our government does anything about it.

    It is becoming increasingly more difficult for banks to find judges and juries who have not, directly or indirectly, been affected by what they created. I am confident that we will prevail. And personally, I’ll be damned if they get my health!

    And anyway, it is election year… and we pay the salaries of hundreds of thousands of people who seem eager to bite the hands that feed them…

  12. For all the Holly’s who are new here…and for all those who wonder what happens after you file bankruptcy or start your foreclosure fight this is what has happened to me.

    You know the drill lost or had decrease in your income, for years you have never missed a mortgage payment in my case 30 years, as a homeowner you beg for modification even before you are late, You liquidate all your assets trying to do the right thing thinking it will get better and finally you have no choice…so I file Bankruptcy.

    In BK 7 proceeding early 2008 my servicer Chevy Chase submitted a copy of the note with an endorsement from lender/broker to Chevy Chase and then there was a stamp right below that Pay to the order of ________ we were discharged and end of story.

    It was rubber stamp and Motion For Relief of Stay was granted and later I was discharged.

    My BK attorney says I have been discharged from any obligation to property because it was claimed in BK 7. Now years later and knowing what I have learned I ask myself. What about the Fraud on the court and my creditors? If the BK trustee had looked at the note they would have seen Chevy Chase was not the holder of the note at the time because it was stamped Pay to the Order in blank and therefore was not they true creditor.

    My burning question is does this matter now years later am I really discharged or will I need to continue to watch my credit report and defend my fresh start over an over for the rest of my life because of these debt buyers?

    I do realize if I was in BK today and it was determined that the servicer was not the true creditor the house could have been ordered sold to pay the creditors which would have been better for all involved!

    Am I missing something here?

    Since Bankruptcy…

    I have continued to live in my home I paid for another year until they forced default on me and would not accept payments any longer so I started my fight waiting for foreclosure that did not come…

    In 2009 my discharged loan was transferred so I sent QWR to Capital One (new servicer) and I got back a copy of Note Stamped Certified True Copy but now the Pay to the Order of _______ is not there. So am thinking this is a copy from Title Company. Capital One bought out Chevy Chase so they should have access to what my file had. Ok maybe everything is ok.

    Next in 2010 my loan is assigned to another new Servicer now with a loan number change so I send QWR and get back a copy of the note it says Certified True Copy and it is missing the 2nd stamp Pay to the Order _________ just like Capital One

    I go to the County and now see a Substitution of Trustee from MERS US BANK, NA as Trustee forXXXXX Series blah blah blah…

    But then I get a letter in May 2011 from Foreclosure Mill for the same new servicer with the new loan number so now I am worried about my fresh start and discharge and look at my credit report and the nightmare fight begins! I request a QWR from them and they attach a Certified True Original of the note and now low and behold it has US BANK, NA as Trustee stamped on it. The note is a copy and faded in all areas except the name US Bank, NA as Trustee that is darker and clearer and only copied once if that.

    I go to the county and new Substitution of Trustee says By US BANK as Trustee relating to Chevy Case by Servicer as attorney in fact party of the 1st part (Foreclosure Mill) party of the 2nd part (Another Foreclosure Mill now know as grantees.

    I reopened my BK with Adversary Proceeding in 2010 and it took a year but I won sanctions because the New Servicer destroyed my fresh start instead of foreclosing they tried to collect on the discharged debt. A big no no .. they were and I got attorneys fees and a nice sum for me they were dead wrong but what prevents them from selling to the next scumbag debt buyer who will do the same thing?

    Next I fought them in court for FDCPA violations and we settled I cannot disclose but let’s just say they did not want a trial and I did…I was happy.

    So I am not only fighting wrongful foreclosure by a non- creditor in a non-judicial state. I am also having to defend myself against debt buyers who come back to haunt me after BK 7 discharge on a mortgage that was discharged.

    (I have more right to the home then they do I have over 350,000 into the house they have a credit bid!) The value is now only 525,000 it was a 900,000 in 2005. I can afford the payments once again but it is to late or so they think.

    They foreclosed this year in early spring and I am still here fighting due to what I have learned here.

    I learned not to leave even when they foreclose hire an attorney and fight. The beauty is they have no power over me now. I have another home to go to they can’ t hurt me anymore the damage has been done my kids have suffered and watch as we fight through this mess. I let them down and that hurts me they had to deal with this stress, my husband became ill due to the stress, now MAMA bear is MAD! And I have the time on my hands to give them the fight of their lives! If nothing more I will cost the bank plenty of money along the way and tie them up in litigation for as long as I can. My kids are gone on their own now they worry about me but I know they are watching and still learning. I was embarrassed this could happen to me not anymore this is now a mission to bring awareness to all homeowners this is a fight of our lives.

    And even worse the underlying question is still am I really discharged maybe Max Gardner or someone else could answer this ?

  13. Holly,

    Please don’t forget to write a complaint to the NC State Bar regarding the foreclosure attorney executing your Assignment of Deed of Trust. In most cases, the assignment should have happen well before foreclosure. The foreclosure attorney is probably the “substitute trustee” as well, which appears to me to be a conflict of interest since they are suppose to be a neutral party between the debtor and the “creditor”.

    I can’t stress enough how much we need to get bad lawyers out of the system because in my opinion, they are causing just as much if not more havoc on the system than the banks. Think about it, the banks can practice fraud as much as they want between themselves, but that fraud should become the liability of the attorney who knowingly and willingly presents it to the court. I believe thats the whole point of Max Gardners letter.

    I’ve been fighting my suit pro se because my servicer told me that my foreclosure sale was postponed (they even sent it in writing). I found out it was sold at the last minute and I had about 3 days to find an attorney to enjoin the sale… well I couldn’t find one, but I actually spoke to an attorney who seemed to be somewhat informed of the foreclosure fraud so I explained that I thought the “substitute trustee” committed fraud because they drafted the Assignment of Deed of Trust while the assignor was defunct (the servicer signed it, but the “substitute trustee” drafted it and asked for it to be returned to them after recording). Anywho, I didn’t hire that attorney because she told me directly that she WOULD NOT ACCUSE ANOTHER ATTORNEY OF COMMITTING FRAUD ON THE COURT.

    I believe many attorneys are afraid to accuse another attorney of wrongdoing, even when they know its true. That’s why homeowners must file complaints and have the State Bar Assocs. investigating these files. We must do our part to clean up the system and take advantage of the limited regulations we have, it helps all of us. That’s just my 2 cents.

  14. Holly

    Get to Max ASAP – you are so privileged to be in NC.

  15. Thank you. I will do that today.
    Holly

  16. Hi Holly,

    You’ve read that essay by Max Gardner, on top of the page right? Max Gardner is THE foreclosure defense attorney in NC. I believe Mandelman even mentioned him when he wrote about your story on Thursday. He is also the boot-camp onstructor for all attorneys looking to fix the horrendous damages caused to this country by greedy banks and their ponzi schemes.

    What you have is the same thing we all have: fradudulent paperwork, conflict of interest, empty trusts, uncollaterized would-be mortage-backed-security loans, transfers of “loans” from bank to bank so that they could rack up a maximum of fees for each operation while doing nothing and investing nothing, etc.

    I strongly suggest you place a phone call to Max Gardner. He may be able to get Wells Fargo to completely back off, simply because Wells NEVER had any money in your house.

    http://www.maxgardner.com/

    He already knows about your case. He is one of the top-notch attorneys defending homeowners and… he knows N.C. like the back of his hand!

  17. Thank you. I am going to go if they are open. I just really don’t understand if that paperwork has fraud in it. I’m trying to read up on everything to understand on what grounds I have to go to the Attorney general or the courts. My eviction date was scheduled for tomorrow but Wells Fargo has dropped the eviction date for now because so many people are helping me with the foreclosure and putting pressure on Wells Fargo Ceo John Stumpf. I spoke with an executive there Thursday night and asked who really owns my loan and they said Freddie Mac does. I asked who Dan Rojas is and they said the trustee. Any help explaining anything to me would be helpful. I promise I’m going to fight this all the way. It’s with everyone’s help that my children are still in their home at this time. Thank you to Everyone. I really appreciate your time and efforts in helping someone you never met before.

  18. holly niemic

    Get to your state Attorney General.

  19. Can someone help me understand something. We are being foreclosed on. Our loan was taken out in November 2006 with Flick mortgage investors, trustee was someone with the name Dan Rojas. We have a letter that it was transferred from flick to Wells Fargo Bank N.A. Jan 1, 2007. I went to the courthouse to get all certified copies of all our papework on our home. I found the assignment of deed of trust and note. It was transfered effective prior to the 6th day of January 2011, the undersigned assignor has executed this assignment of deed of trust on the 28th day of February 2011. The it says Mortgage Electronic Registration system, Inc as nominee for Flick Mortgage investor (assignor)
    It is signed Matthew J Herrle, Position Vice President. When I googled who he was he is an attorney for Brock & Scott the lawyers who are foreclosing on us.
    The assignment of deed of trust says From: Mortgage Electronic Registration Sysens, Inc, as nominee for Flick Mortgage Investors, INC
    To Wells Fargo Bank, N.A.

    I am trying to understand all this paperwork so that I can see if there is fraud and what I can do about it. I would appreciate it if you understand any of the above to try to explain it to me. It’s hard not knowing why this was not assigned until this year when I thought it was transferred in January of 2007. Do I have anything here

  20. do not confuse “gang” with “group”. as being born here ,no choice was asked nor given.
    ndaa will apply to anyone – with a voice & a will to stand and to believe differently to the actions & history of these criminals is to be short sighted and naive to think this gov is not JUST as insidious as it appears or worse . Although I refuse to draw blood for a material world,I will protect my family & will not acquiesce to the will of another because they demand I do so.

  21. Homework to assure that 2012 is better than 2011.

    Call the White House and demand prosecutions of Wall Streeters responsible for the biggest economic and financial scandal ever visited upon humankind.

    Phone number and speech in link below.

    http://www.npa-us.org/node/1063

  22. Hi gang,

    Since Thursday, when Holly was writing here in a panic and we helped her by refering her to possible resources, a lot has happened.

    Her eviction has been called off. Wells Fargo CEO, who got in touvch with her after being pestered from every corner of this country, is now working with her (the result of a mobilization en-masse and e-mail campaign through Mandelman Matters) and things are looking up for her.

    http://mandelman.ml-implode.com/2011/12/my-doers-did-it-again-but-its-not-over-yet-and-holly-says-thank-you/

    We hear about the problems facing each and every one of us. We don’t hear enough about the success stories. Although we can’t yet call Holly’s story a “success story”, she has regained something essential: hope. And things are “in the works”.

    Together, we can make a real difference. It’s not about getting out the guns but about pulling together to find solutions.

    I can’t imagine a better start of the new year.

  23. Trespass Unwanted,

    Some of us became gang members on the day we were born. Can you provide websites or literature on how to exit the gang?

  24. And I ma telling you all this bull crap with mortgages started with credit cards back in the 1970’s. You research it and connect the dots. Stay away from Credit,,,,,,,,,,,,,,,,

    and they will tumble………….

  25. While I’ll be the first to agree that the system is totally broken and needs replacing in its entirety, there’s something about having folks named angry and lone wolf being judge, jury, and executioners that doesn’t work for me.

    Call it intuition, but I’d be willing to bet that a world where you folks choose who breathes and who doesn’t might just put us back where we started from. Or worse.

  26. @CHARLOTTE FOGARTY;
    Hi…I’m in Oregon too. There is a Lawyer named Querin, in Portland who sometimes post articles on living lies. I haven’t interviewed him yet, but he seems to “get it”…from the post I have read authored by him. I sent a friend request via face book, if you would like to chat about resources here in Oregon

  27. Just done watching “Margin Call” with Kevin Spacey and Jeremy Iron.

    I would advise everyone to watch it too. Can be rented at Blockbuster for $2.99.

  28. “As hard as the battle is for us, the trained lawyers, what about the family that goes before a judge alone in an effort to avoid a foreclosure on their home? ”

    This could be better phrased :
    What about the family that goes before a judge alone to tell them the Plaintiff is suing the wrong party, that they do not owe them, that they’ve never done business with them, and that if they clam a right to the home based on receiving a ‘Special Warranty Deed’ (a deed issued “as is” with no warranty to the title) via a foreclosure sale, then the judge should look close and hard if they don’t want to help someone steal that home.

    If I were a member of a gang and got wind that anyone in the gang could be arrested and held indefinitely, I guess I have two choices. Stay a member of the gang and risk being arrested or remove myself from the membership of the gang.

    A simple search of the internet and youtube would tell you what a “US Citizen” was anyway. Let me tell you, you don’t become one unless you fill out papers to become one. Period. So no one wants to hear people whining about what could happen to them for being part of a group they’ve of their own will placed themselves into.

    If you don’t know what you’ve done to put yourself in that position, well I’m not going to introduce that here. Seek and ye shall find.

    I believe this is all part of a plan to get people to decide if they want to know how they play a role in what happens to them, or if they want someone else to be responsible for them and what happens to them.

    NDAA doesn’t bother those of us it doesn’t apply to. And many of us, who it doesn’t apply to, know not to shoot our brother or sister regardless of the ‘fear’ someone else told us to have about them. We know that we all have the same Creator and only that Creator decides who lives and who dies. If we take that yoke up on ourselves to kill what was Created, then we carry the burden of our Free Will decision to interfere with the soul journey of our spiritual brother or sister.

    If all gang members could be arrested and you know this…it’s plastered everywhere you go, and you decide to stay a gang member, then why do you complain? One day you ‘could’ be arrested, most days you ‘could not’. Why complain?

    NDAA, makes people accountable for the decisions they make.
    I’m not afraid of it.

    It only applies to – who it applies to.

    2012 I welcome you and whatever the 2nd Venus Transit in our lifetime brings for our existence this year.

    Trespass Unwanted, corporeal, life, free, jure divino, in jure proprio

  29. you are doing ok, if opposing attorney blew off a judge than i would file a motion for declaration of default in federal court and go for the throat also there is a new rule that came from congress in bankruptcy civil code of procedure that states an attorney for the bank has to fill out a form 10s-1 that states that attorney for opposing side the bank has to show notice of mortgage payment changes that he or she are personally responsible for in the questionsaire. are you in civil or federal court? this comes from federal filing clerk to keep the attorney in check in there presenting there cases as legitimate. proof of claim . dont get a sinking feeling get an angry feeling and read up on the laws. there is help and the calvary are coming sometime. bob. waderobert65@yahoo.com 2092424484. get the spirit of america again and keep going.

  30. habitable planet afterwards?…not so much! ; [
    those ruining it will continue to do so until its to late ,this is approaching rapidly .
    one loose canon signing off
    happy new year guy & girls!
    may all your opponents short hairs be within your grasp!

  31. Max’s essay is very well written. Far too many are fighting their case as a pro se and being told by a judge to get a lawyer or lose. Judges need to be reminded that average citizens are capable of studying law, learning civil procedures, and writing pleadings. Furthermore, judges should be reminded that equal access to the law and self-representation can only strengthen democracy which the US has gone to war over at a devastating cost. It is incumbent upon them to uphold our most sacred rights. It also in the best interest of the future of their own family and community.

  32. Giving up is not an option. Fight the good fight, and you can do it pro se if you work vary hard.

  33. Judge refused my request for help from counsel. He said I was doing just fine as pro se. So, does that mean he thinks I am doing a great job presenting my case, or if I had counsel, I might win and we don’t want that??? With my husband being illiterate, I do feel like this article, I have read everything I can find, asked questions of anyone who would answer, and still have the sinking feeling that if I forgot to cross one T it would be all over and it would be my fault. It is heart wrenching to know that your whole life is dangling from a string and you cannot lose your grip for a second. The other side has already gotten away with not filing an answer on time when they were ordered to by the judge himself.
    I wish there was a lawyer here in Oregon that would make a deal for half of the winnings or something in order to help. I hope some lawyers will get on board to help stop this fraud and illegal behavior by the banks.

  34. QUESTION FOR COMMENT PLEASE
    Re status of a pro se active member of a state bar to serve process [as upon hard to find people] and/or 3rd party subpoenas. The civil rules state that various persons are elegible to serve 3rd party subpoenas, including anybody appointed by the court except a party, AND lawyers.

    It is my position that a lawyer should be eligible for this capability irrespective of his simultaneous status as a party. That is a right earned by sitting in law school for three years, being subject to ethics rules, taking CLEs etc —presumably affecting his/her credibility re service as much as the notorious stick under door mat down the street , or “cant find em” paid servers.

    any citations of note?

  35. HERE’S A VICTORY WE CAN ALL LOOK TO HERE IN WISCONSIN:

    BAC Home Loan Servicing, L.P. f/k/a Countrywide Home Loans Servicing L.P., Plaintiff-Respondent,
    v.
    Michael J. Williams and Nicole J. Williams, Defendants-Appellants.

    No. 2010AP2334.
    Court of Appeals of Wisconsin, District IV.

    Opinion Filed: September 29, 2011.
    Before Lundsten, P.J., Sherman and Blanchard, JJ.

    ¶ 13 Because the copy of the document purportedly assigning to BAC Williams’ mortgage—and by reference, the promissory note—was not properly authenticated, it did not meet the standard of admissible evidence required for summary judgment materials under Wis. Stat. § 802.08(3). Therefore, BAC failed to make a prima facie case that it had standing to foreclose based upon Williams’ failure to pay according to the terms of the promissory note. In light of BAC’s failure, we do not need to address whether any of the affirmative defenses asserted in Williams’ answer would also have created material disputes for the circuit court. Accordingly, we reverse the circuit court’s summary judgment decision and remand with directions that the matter proceed with discovery[2] and trial on BAC’s foreclosure claim.

  36. This article is spot on. We would be winning if the courts would uphold the law and apply the same standards to the banks that the courts apply to us.

  37. E. Toile,

    I’m with you there. Too many loose canons out there.

    Happy New Year.

  38. A vote for Obama is a vote for a bankster dictator. We need to vote him out. Anybody will be better than Obama the Dictator. Even a Republican. Then we will deal with the next President if needed.

    NEVER AGAIN.

  39. I don’t know which is more frustrating, having to deal with the corrupt dumbass lawyers and the courts that appease them, or the lone wolves that get all tingly at the thought of a head shot. Both camps disgust me.

    Does either path hold hope for a habitable planet afterwards?

  40. Time to lock and load , head shots are best so practice , its Civil War II , may God have mercy on our souls

  41. How did Michael speak from MY heart: “…has made a lie of my (childhood) boyhood.”

    “The Big Lie” by Michael Thomas

    At the end of the day, the convulsion to come won’t really be about Wall Street’s derivatives malefactions, or its subprime fun and games, or rogue trading, or the folly of banks. It will be about this society’s final opportunity to rip away the paralyzing shackles of corruption or else dwell forever in a neofeudal social order. You might say that 1384 has replaced 1984 as our worst-case scenario. I have lived what now, at 75, is starting to feel like a long life. If anyone asks me what has been the great American story of my lifetime, I have a ready answer. It is the corruption, money-based, that has settled like some all-enveloping excremental mist on the landscape of our hopes, that has permeated every nook of any institution or being that has real influence on the way we live now. Sixty years ago, if you had asked me, on the basis of all that I had been taught, whether I thought this condition of general rot was possible in this country, I would have told you that you were nuts. And I would have been very wrong. What has happened in this country has made a lie of my boyhood.

    There should be more to America, Gore Vidal has written, than who pays tax to whom. It has been in Wall Street’s interest to shrivel our sensibilities as a nation, to shove aside the verities of which General MacArthur spoke at West Point—duty, honor, country—in favor of grubby schemes and scams and “carried interest” calculations. Time, I think, to take the country back.

    Full post Livinglies 12 30 11: http://livinglies.wordpress.com/2011/12/30/the-big-lie-by-michael-thomas/
    Chilling…

  42. iam not an attorney but i do have the ability to fight as iam fighting my own battle to save my home and just as soon as iam done saving it i will comitt to helping others with the process as an individual. iam not an attorney but i believe i can make a difference and maybe save one or to families from destruction of a corrupt system. save america is my battle cry, so join, those of you that have the means and persoality and strength of character to save america. bob………………………

  43. Dictator usurper Obama demanded NDAA and signed NDAA, which allows him to detain indefinitely without trial US citizens based on a suspicion only

  44. I’m in!

  45. So true.

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