Tough Love: Stop Attacking Judges as Stupid or Corrupt.

Without naming names, I recently responded to an email insisting that I take judges to task for “bad rulings.”

I’ve been a trial lawyer for more than 42 years, tried over 2,000 cases and I have reviewed the results of more than 10,000 foreclosure cases. While “bad rulings” are common they are neither produced by incompetence or corruption. Most bias is allowed on the correct premise that everyone has bias. Attacking a judge merely sends warning signals up that produce a response  — protect the judges.

All homeowners who have won have done so by persuasion of the judge — not by a judge becoming a pig digging for truffles. Homeowners and many lawyers misapprehend the role of judges and then criticise judges for failing to act in a manner consistent with what the homeowner or lawyer thinks will best produce a favorable result for the homeowner.

Here is what I wrote in response to that email I received insisting on the issue of corruption of judges.

You are entitled to your own opinion but not entitled to your own facts. Judges sit on the bench because they are there to call balls and strikes. If somebody fails to throw or hit a ball (most often the case in foreclosure defense) the Judge has no choice but to rule for the banks even if the Judge thinks something is fishy.

You are looking at the result and saying it is wrong. And you are correct. But law is about procedure and by definition procedure is right regardless of a bad result. This fact is completely ignored by lay people because it makes no sense to them. AND it is often ignored by lawyers who know better.
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Focusing on bad judges, while there are many, will get you nowhere unless you are piling up “Likes” on Facebook. Focusing on what balls should be thrown or should be hit by foreclosure defenders is where I have achieved success — and everyone else who has done the same thing will attest to the same thing.
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Plain Fact: Banks win because they have an effective legal team and an effective legal strategy. Homeowners lose because they enter the courtroom without any idea of what it means to have a good legal team and no idea about an effective legal strategy. 

18 Responses

  1. It is when you start filing lawsuits against the faux-plaintiff being trotted out by the servicer (who is not aggrieved, but is litigating against you in the name of the plaintiff, who likely does not even know the litigation is going on) and ask for substantial damages that you are going to get to the settlement table. the Servicer has no incentive to settle; it gets paid out of the pool of funds collected from other borrowers and paid to the Servicer, before the servicer sends the net proceeds on to the Trustee.
    Once you sue the other players, including the bank entity (not in its role as trustee; the bank itself) that you are going to start to see movement. At that point, when the Bank itself is exposed to a seven-figure or 8-figure Judgment, is Settlement going to start. And typically the Offer will be to take the house and the mortgage is voided. Except, of course, since they never owned the debt in the first place, you will get a faux-Assignment which is likely worthless, if the real creditor ever showed up. But, since the real creditor was likely paid by credit-default insurance, he will not be seen.

  2. We need to start sue new foreclosure buyers, their lawyers, Title insurance for possession of stolen properties and negligence, aid and abet fraud and racket. Title insurances know everything and cover for banks fraud. I plan to sue judges, too, for fraud and corruption

  3. I’m gonna tell you that when Wells Fargo solicits the judge and whacks $125,000 off his mortgage, you don’t stand a chance….
    and Colton: you’re right on the money. You too, Brian.

  4. Facts and evidence do not matter,unless you are lucky to get a judge who goes by the law. .

    Default is reported before people even default. In my case — never in default. Have proof. Does not matter. Still paying.high rate – and sitting in court for a VERY long time. All became my life.

    Accounting — get accounting from the very beginning of purchase of home. Go back to prior refinances. There is NO accounting.

    You will not get this information in court. Must do it yourself, Perhaps, Neil can help. But, Neil has to understand – GO BACK from last “origination.” GO BACK. Without going back, the fraud is just accepted by courts. GO BACK.

  5. Man Throws His Own Feces At Judge During Burglary Trial, Jurors Acquit Anyway

    https://www.zerohedge.com/news/2019-06-23/man-throws-his-own-feces-judge-during-burglary-trial-jurors-acquit-anyway

  6. Wow. Finally an article that says things which are generally plausible in the real world. Congrats.

  7. I hope Neil, you got a partial answer to my email,

    Every foreclosure is decided by a Court order – where judges mostly rule for the money, no matter how many laws are broken. In my case a judge criminally concealed material evidence from my case records based on which he ruled.

    Repeat: the Judge did not give me the KEY EVIDENCE based on which he stole my property; and criminally concealed it from the case records to defraud higher Courts.

  8. I suggest everyone consider “Facts and Evidence” is the key focus. I’ve repeatedly experienced Judges blocking discovery,Clerks of Courts destroying and manipulating evidence, calendars and files. In those cases, when you can prove evidence exists however the judge is blocking Due Process, you may consider filing complaints, hopefully with EVIDENCE attached as well as making the complaint public, online, etc. There is a big difference from making an error in raising a defence and allowing corruption. Remember, we have a “COMMON LAW” (stare decisis) system. Another words, when Due Process is violated by allowing corrupt attorneys and banks operate to a lesser evidence standard, submit forgery, counterfeits, etc. as real, then the failure of both our Law Enforcement, Compliance Agencies as well as judicial have failed our country and created legal case precedent based on fraud effectively kidnapping our Common Law judicial system.

  9. Neil ,

    The judges aren’t stupid , THEY’RE COMPLICIT. As a lawyer you’re part of “the club” by default. That blinds you to a degree. Those of us that had judges conspire with plaintiff lawyers in secret meetings to keep us from submitting our evidence and force pro-plaintiff outcomes will never agree with your premise.

    I am 1 in 10,000 ,, only 4% fight , only a few percent win , and only 3% win on appeal… I was one of those and I am now back in the game while they make attempt #2 to steal a “free house” … I will win again.

  10. Guys/Gals — the problem begins with government. Courts and judges puppets of the government. Silence allows fraud to continue.

    Cannot battle alone — it will not work. Yes, should try to battle yourself, that is necessary, but don’t rely on winning. Need more. I begged for all to get together a decade ago. No one wanted that. No one listened. Hate to say it, but everyone thinks they have the best case and will win. But, that is not the way it usually works.

    The entire scheme is fraudulent. Neil — you still have not gotten to the bottom of that scheme. If you did, you would be out there en mass for all the fraudulent “accounts.” Call “accounts” because that is all they are. Not mortgages, not deeds of trusts, not negotiable notes, not even a valid “loan.” Just “ACCOUNTS.”

    Hoping Neil can take me on his talk show. Think I can do that soon if he is willing, but need to set aside a lot of time. May need two or three or more shows. .Neil can contact me.

    I trust that Neil has been in this for the benefit of the people – the victims. I trust that Neil knows a lot, that he is an expert, and thank him greatly for this avenue. Yet, Neil — the slam dunk is right in front of you, and I don’t see anyone discussing it. Still need to get to the “cause.”

    Thanks.

  11. UMMMMM NO!!! These judges are sworn to “support the Constitution” and the “principles” upon which founded!!!!
    WE the people are the creators and the creditors in every situation between a “mere legal entity existing only in the imagination of man” (See Hale v Henkel).
    It is so simple: Do you throw the bicycle or the child under the bus, the $50,000 car or the man/woman? It must always be the people that prevail, except when damage is caused maliciously! End of story!!
    2nd, These people have good credit (good “risk” to an investor) thus if there is a default then it is the fault of the thing not man. How many fires or injuries have to happen before a faulty car is pulled from the public? “All corporations are creatures of the state and presumed for the benefit of the public”… So how many foreclosures have to take place before it is pulled from the public as a faulty product???
    Third, it is impossible to be in “breach” of a contract without a contract!! There are no signatures of another party!
    Fourth, there must be consideration to create an obligation, there was no consideration!
    Fifth, the Note is clear “In return for a loan I have received, I promise to pay”
    a) there was no “Loan” received to return!!! Not one of the people can say they received anything of substance or value prior to signing and delivering the Note and DOT/Mortgage to the agent!!
    b) thus the “condition precedent” was not fulfilled
    c) there is no signature of acceptance of duty as trustee, in fact none of the alleged trustees have knowledge of the trust, their duties under the trust (because if they did they would be in court defending against the perpetrators and protecting the res in the trust from false claims!!!!!!!)
    d) no evidence or affidavit of any custodian, transferor, tranferee or any evidence of value “exchanged”
    e) The Note and the DOT/Mortgage is the law!!!!! and the Note clearly states that one must have received, that the Note must be “taken” by “transfer” “and” be “entitled to payments under the Note”. None of which exists!!!! Why will the Judges refuse to act in accordance with the requirements of the instruments in the least? There is your active collusion! (a federal offense, violation of their duty of the office they presume to hold (which they do not lawfully hold) and violates the law of contract, law of trust, the constitutions, US Code and a dozen others)
    In case a trained attorney (at law not in law, turning it upside-down to bring the people to their knees) does not know an “assignment” is not a “transfer” because one cannot “assign” obligations without consent thus it must be transferred by consent, an exchange must be made to have any right, title or interest… none of these is evidenced!
    Further in the DOT only the “Lender” “at its option” may foreclose and only after doing many things to prevent it!! In other words whoever “bought” the defaulted instrument was violated and thus they take it back to the one who sold it to them and all the way back to the alleged “Lender” to foreclose, kinda like the factory takes back the faulty car not the seller of the seller of the seller!
    Sixth, although there are several more I have to get on with life and getting legislation passed requiring those who hold any office of public trust or profit, be required to fulfill “Continued Competency Training” and pass the requirements of office testing as to their Knowledge, Understanding and Accurate Use of the principles upon which the office is derived from and subject to. So that those who are not qualified will be removed from office.
    So, who is the claimant and what is the claim? to provide the court with jurisdiction?? Not there and these pretender judges “know or should know” the fundamentals of law, contract, trust and necessary elements for a claim.
    You see the courts are a creation of the people for the purpose of “That to secure these rights” (to be secure in their persons, houses, papers and effects) and “to effect (bring about, cause, make happen) their (the people) Safety and Happiness”. Thus anything a judge or anyone else does that is not diligently securing us, our property, papers, and effects is in breach and is less than “good behaviour” thus they do not hold the office (article III section 1)
    BTW has anyone else noticed that these alleged “orders” are not “court Orders” as they have no signature or seal of the Clerk??? As Garf said they are allegedly there as the umpire (BS) to call balls and strikes (more BS) so he is not the “official” or seal holder (trustee) of the court only the ump!!
    They know not the Constitution to which they are sworn to “support” and they invariably work corruption of the people, their persons, houses, papers and effects and acting on behalf of the State in which they presume to hold office (actually a mere office of a corporation masquerading as a lawful court) the state is in violation of the XIV Amendment “nor shall any state deprive any person of life, liberty or property without due process of law” our law and the principle founded upon, not their reconstructed baseball game with two teams in competition to beat the other within the rules and what they can get away with. Would an ump allow a pitcher on the mound without a uniform? without being properly listed and registered as the pitcher of the team he allegedly represents? with improper equipment? etc etc.
    No! These “persons” (people holding an office and exercising the limitations of that office and taking on the persona of the office/person) are in breach of their duties and obligations and are conspiring and then taking action which they have full knowledge of the harm it does to the individual, the public, the monetary system, health and welfare and the community in violation at the least of 18 USC 241= ten years in jail!
    Fortunately we have had good responsible judges like Judge Schack in NY… he followed up, read, did research and even within the confines of his position as he was trained to believe, he was able to see the bullshit clearly and expose it, Like the signature of someone allegedly representing an entity that was dissolved three weeks before (3 years in one of my properties Indymac Bank FSB, Brien Burnett, into a REMIC 6 years after it was closed… ) oh and the “donor” is required to take it back if it is “faulty”! In other words there is no provision for the REMIC or the trustees of the REMIC to foreclose… yes I have read and studied it … why has not the judge? So he can know the law of contract which Article I Section 10 “No state shall make any Law impairing the Obligation of Contracts, or grant any Title of Nobility.” (Esq)
    Thus the first obligation of the court (judge included) is to review the contract, the alleged obligation, the standing and capacity of the claim and the claimant, before any one of the people are even disturbed. When they or the clerk reviews the filing they must first find the elements required for the court to have authority and cause for action before there is anything even sent!! No sworn statement of truth, no valid claimant, no evidence of an actual harm or claim and again no “capacity”, an attorney saying they are representing something is not sufficient, “Who hired you and by what authority did they hire you and where are they?, where is the evidence of contract? and as to the alleged “assignments” where is the power of attorney to assign property, securities and obligations of contract on behalf of? Non-existent.

    So, How can a judge call balls and strikes when there are no balls, no bat, no batter, no bases, no pitcher, no catcher, no field, no team? Can’t and thus they are in fact embezzling the office to use to enrich certain persons and legal entities created to “secure these rights” and “effect their Safety and Happiness”. Treason!! Oh yes I went there!! Because I called the Secret Service and I asked the following question: “Is not, a party coming into a court with copies of security instruments and the court makes and order for the sale of a home in exchange for “obligations of the United States” and those “obligations of the United States” are then given to the party who only provided copies, doesn’t that fulfill the elements of “Uttering and Passing” as defined in 18 USC 471-474?” The agent thought for a second and then said “I can’t believe the judges are not catching it” …. moments for it to sink in… “This is nation wide…” he said then I shared that it was world wide and he responded “that is too big for us.”
    So it is not that these crimes are not taking place and clearly evident on their face but that no one is willing to do anything about it like going after the imposer judges colluding to deprive people of their homes, contract, and a lot more criminal activities. The SEC (securities and exchange commission) are refusing and the IRS is refusing to indict for the trillions, yes trillions of pure profit un-taxed.
    Again it matters not what they call it Gross negligence or Incompetence or “extremely careless”, what matters is are the elements of the crime? YES, YES, YES and YES these are “crimes cognizable of a court of the United States” (18 USC 4)
    And the judges are active participants and guess what there is sufficient evidence that they get paid for doing so just as when they put someone in jail… in fact every fricken thing they do is monetized and collateralized and bonds sold, traded, and paid, insurance up to 24 times the entire REMIC are collected. and on and on and on….

    It is the separating of the wheat from the chaff my friends and it appears that Neal is choosing corruption over law, mere legal entities over people and pretenders over the real deal and asking us to consent (collude) to these activities.
    Oh and let’s not forget the improper use of UCC 3 when the people are not corporate entities subject to UCC nor did they engage in commerce under a legal entity of commerce (no individual liability) and UCC 3 is for “negotiable instruments” “unconditional promise to pay”.. as stated these are “conditional” promise to pay upon having received a Loan to return!!
    And oh wait can the judge not see that these alleged “negotiable instruments” are not “signed in blank” but left blank. Which means they are incomplete and also are “materially altered” which also Voids them. (see UCC 3-604, 705 (If I remember correctly… you should know, they should know but don’t) It goes on in the specific definition, “payable upon demand” Ummm no payable by payments to be completed at a certain date. And on and on some more on that angle.

    You see there is a pattern of activity over a long period of time with the same result =Racketeering= RICO Crimes, in not just one facet, but many on their face facets to the whole fraudclosures!! Falsifying official documents, fraud upon the court (fake or not), just as every traffic ticket, code enforcement action, kidnapping (arrest without warrant (knowledge of an actual crime) Property taxes scheme under color of “real estate” “ad valorem” commercial tax upon private non-commercially used property, without a situs (place of the commercial activity being used (taxable activity under an assumed name (persona)))… And all the uses of the ALL UPPER CASE persona “assumed name” and making the people the surety of it when it does not exist in law. Who and what is the address of the “registered agent” of that legal entity name and where is the application and approval of that type of business, when was it submitted where is it filed? etc…
    Repent, repent for allowing generation after generation for being de-educated and failing to assert our power over our agents! Repent for not studying the law as written and for not assembling together to bring justice to the courts and for failing to instituted periodic training/testing, to insure these criminals are not criminals and are qualified to hold an office of public trust.
    We can do something about the last one and institute the “Continued Competency Training” legislation, rule, policy et al NOW, in your county, your township, in your state and the United States so that those who are without proper knowledge, understanding and accurate use of the laws the office they presume to hold is bound by and subject to are removed and prevented from taking such office until they can fulfill these requirements of the office like any other requiring competency.
    The fact that highly visible criminals are still roaming free and putting hits out on those that are about to testify against them without the Judiciary or any other entity of government created “to secure these rights” and “to effect their Safety and Happiness” is evidence of breach of fiduciary obligation and sworn duty!!!!! Prosecute the prosecutors who fail to prosecute and see what happens to these criminal enterprises…. Blessings all…

  12. “When injustice becomes law resistance becomes duty.”… Thomas Jefferson.
    Dear Homeowners: Just show up in Court and resist. It’s only the feeble “Wizard” behind the curtain. Not the boogey man. Expose him and you win.

  13. One more thing…. I am so offended by this I would like to state that if all that a homeowner has in this game is to throw a wrench in the works, THEN SO BE IT !! Why should we respect a process that disrespects us and when it comes to a fight for survival (keeping ourselves out of tent cities becoming homeless) we are at the survival of the fittest stage of preservation of our lives and dignity. Driven and forced into desperate measures to survive in a world that takes from others what they have not earned using fraud to steal anothers posessions. It was a felony crime punishable by incarceration remember? What happened there? it certainly was not the homeowner who bent and broke that law. So now felony crimes are heard in civil and district courts and crime pays these days. When in Rome do as you see done to you all is fair in love and war and foreclosure fraud. Game on and we the homeowners did not create this mess to begin with so any complaints about us you can direct to the proper party the creators of this nightmare because we dont want to be here in the first place. We are forced to be here. Direct your complaints to the ones bending laws, breaking laws, the ones not enforcing law. Not the ones being injured and damaged by this backwards behavior and broken process that when we point out the violations of fraud and forgery and deliberate aim to harm to judges who demand if from us then they don’t read it and ignore what they have demanded us to provide. Some acceptable form of excuse for abuse and now I am an unruly and willful pro se litigant. My judge did not know who the plaintiff was 9 mos into the case. She had to ask the attorney who was lying about everything. She had not read one of my submissions in 9 months of drafting, writing, copying, stamping, mailing. Now 6 years later we have NEVER REVIEWED MY EVIDENCE ON RECORD yet we have 1500 pages of backwards, sideways, bubble, double talk that is a plane crash on top of a train wreck on top of an original plane crash THAT I DID NOT CREATE the court did this. So maybe fouling up the matters can also be favorable to a pro se litigant. You have to understand we pro se litigants are being taught by what we see. Our observations of how this system works by the behavior of our opponents and what we see coming from the ones privlige with more authority over our lives than we have, the ones living that life. That was not our choice either. Instead, strangers, you know the kind of strangers we are expected to blindly trust and faithfully honor. How can I honor those who are dishonest, You can not force one to go against universal law which trumps state and federal law. It is innate in me to distrust liars. That was built in with Gods free will to protect me. The dishonest ones who control both the outcome and the process decide our future without logic reason or procedure followed because they are titled and formally educated practitioners of law vastly experienced in years and years of the deception profession. Evidenced by the fact they would rather harm you than help you because you are a pro se litigant. Im sure if you try you can see my perspective from the other side of the fence that you could never truly explain because you have never personally experienced this or been there. Like I tell my son, until you have hours and 100 s of hours of personal experience on a specific topic, you are not qualified to have an accurate opinion respectfully based on personal experience.

  14. Here Here I have contacted 10-15 lawyers in my 11 years of battle against criminals using forgery, fraud, deception and the cracks in the legal system to steal my home illegally. Not one would take my case and additionally I was discouraged, diminished, doubted and looked down upon with zero encouragement from the only body available in my world to help me. My opinions are based on my first hand knowledge of this frightful world that gets to direct my future in careless casual disregard. There is no lawyer on the face of this earth that knows how this feels to be the target subject with no resources, no help and zero respect coming from all the players controlling that world. We are left in the hands of monsters who expect exorbident amounts of money giving no promise of services rendered. Both the courts and the law firms have it made in their favor alone with guarantees they get paid no matter how inaccurate, untruthful, illegal, corrupt, erroneous and even criminal they behave. Any institution that leaves you in a position to hire a lawyer to sue your prior unethical lawyer that betrayed you is not a method of resolve by logic. Its job security. I mean really, if pro se litigants were treated fair and respected then there would be no need for either lawyers and less need for litigation in the courts. Its all about keeping the system broken for job security for the practitioners of law who wont help or educated the commoners because they fear the power that yields, is the power they lose and the power we would gain. Its called equality and it is not an option. It is a word used to deceive the unaware and inexperienced into believing it is an option until reality proves it is not.

  15. I have to disagree on the problem concerning judges. If the judges enforced the law there would be no room to speculate why they rule against homeowners. I feel that and that alone could solve these issues and isn’t that the purpose of law to give the court a standard to adhere to? How can they pick and choose what laws to enforce and which not to. It makes no sense and undermines the entire process rendering it broken and defective. I think lawyers get desensatized an are forced to accept the injustice always having to craft creative ways to get what should be protocol. Follow the laws in place to discern what is the difference between right and wrong it is not as complicated as the practitioners of law force it to be.

  16. as another man has already said “Courts are not supposed to be a playground for attorneys. They are the halls of justice for ordinary people to have their day in court and receive justice, no matter their social standing or profession. And yes, that includes litigants who choose to manage their own cases. It’s the law.”

    https://www.washingtonexaminer.com/courts-and-congress-must-protect-the-rights-of-pro-se-plaintiffs

  17. Careful Neil… you’ve just reduced the legal system to “Justice for Just Us”.

  18. So tired of reading this BS from Garfield blaming the homeowners for not having a good legal team !!! Where are all these great winning legal teams ?? I really would love to know.

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