Stop Blaming the Judge

The more you blame the judges, the further you get from the goal.

Judges are like umpires in a baseball game.

If you don’t throw the ball there is no need to call a ball or a strike or foul.

Blaming judges for not throwing the ball, catching it, and calling whether it is right or wrong disempowers the homeowner.

The Judge is not there to throw, catch or hit balls.

It is not up to the system or the judge to anticipate your defenses. If you don’t raise and pursue them timely and properly and effectively, there is nothing for the judge to do except rule for your opponent.
You need to accept the fact that sometimes the judge will rule in error no matter what you do. It’s a fact of life.

But my main point is that merely presenting the judge with an alternative view of the narrative is never sufficient.
Every judge receives training in which they are told that their job is to maintain the sanctity of contract. So they always start out with the premise that there is a contract and that it should be enforced. That is not bias. It is our system of laws in a nutshell.
The point that everybody seems to be missing is that the court system is an adversary system. That means that both sides get to argue their positions. Both sides do everything they can to convince the judge to rule in their favor.
Most pro se litigants and frankly most lawyers forget the fact or never knew the fact that persuading the judge is no simple matter. They simply want the judge to recognize that the other side is wrong and then rule accordingly.
That only happens if the starting point for your position is the enforcement of the contract. In foreclosure defense the starting point is that there is no contract between the homeowner  and the claimant and that there is no claim.
In order to drive that narrative home you must act consistently with it, in your language, your pleadings, your motions and your oral argument. If you refer to “the trust” you are implicitly admitting there is a trust and it probably owns your loan. If you are referring to the “trustee” then you tacitly or directly admitting that the trustee has trustee powers, that here is a trust and that it owns the loan.
The people who win these cases against the banks are the ones that are relentless in refusing to admit any such thing. They win more than 65% of the time. The rest lose 99% of the time.

6 Responses

  1. Bravo John ,

    I too posted a similar reply but it got lost in the electronic ether and disappeared.. perhaps I had a keyword or two that got it flagged for deletion… either way you stated the case brilliantly. We must not excuse the judges, they are a huge part of the problem. They must start taking their oath seriously.

  2. Bravo, John!

    We need to publish your post, widely, on ALL social sites

    Time to hold the REAL parties liable – Judiciary who created “Just Us” legal system and who fueled collapse of the Entire World (as expected) not only America

  3. Yes, Judges are “independent” arbiters.

    this why JUDGES break every applicable law, put the Constitution in their trash bin, do not even allow ProSe to speak in their defense, block all discoveries, allow any lies for banks representatives, conceal documents to cover for Banks fraud, ect.

    JUDGES are 95% guilty in that we have now,

    Banks merely used the opportunity provided to them by Judges

    Did National Mortgage Settlement prohibited robo-signing?

    Yes. When why all Courts are flooded with forged documents approved by Judges, no questions asked ?

    If forgery still a crime ? Is lie in the pleading is still fraud upon the Court.

    No, because Judges approved it.

    Judges must be held liable for all damages first,

  4. Kuddos John…

  5. I’ll blame anybody I want. And you know why? Because I’m an American. Because MY ancestors carved out this Country and it was MY ancestors who invented the “legal system” and then populated it with individuals which “I” now pay for to do a very specific job… and that job is to protect MY and my fellow humans rights.

    When a judge takes a personal stand that the only kind of a decision he can make is one that is “acceptable” (ie. it kicks something up to the powerful), vs one that is “just”… then that is no longer what I, as an American, want to pay his salary for. He is, after all, MY servant… not his own and to that end he has even sworn an oath to “ME”.

    Typical of the judicial system “employees”, those same members want to shift the blame to defendants… using any method they can possibly conceive (methods which they’ve spent years in creating and inserting meant solely to position hurdles for the masses to be forced to overcome before any semblance of “justice” can be found)… to not only lesson their own burdens, but also to please those who already have shown to be the recipients of great wealth in our society (and I won’t go into all those judges, Bailiff’s, Clerks and the rest of now “their system”, who are out there buying up specific properties at auctions sales because they actually do have insider information)… star struck at the wonderfulness of the “Elite”.

    Noooo… this entire mortgage meltdown crisis could have pretty easily been stopped long ago when it was found the Banks, Lenders, Originator’s, etc. had fallen to forgery (think 60 Minutes and Robo Signing as just one instance). At the very moment this issue became known to our Judiciary and Legal Industry, at this very instant, EVERY foreclosure from every company that had ever done any business with even one of those warehouse forgers should have been summarily dismissed, an investigation into past abuses should have been launched and charges should have been brought against the Plaintiff’s WITH DAMAGES for the Defendant’s.

    But instead… what happened? They decided to ignore reality and keep pressing on creating such a huge mess that it wouldn’t be “expedient” for “Justice”… the only “expedient” thing to do was to let the thievery continue… ruining lives, costing lives, ruining families, destroying the very fabric of American Society. Lazy, Cowardly, Greedy, Bastards.

    I challenge you… right now… go out there and create, forge from whole cloth, a well thought out false scenario, now craft a pleading that will require hundred’s of hours to research and defend, and take it into a courtroom against one of the Big Banks and I can almost certainly guarantee you that it will be dismissed and you will pay their imagined and inflated costs.

    Now spend some time and research cases where pro se’s have won and tried to get their own costs covered. I have never talked to one where the court didn’t actually whittle their expenses down to a substantial insult… a pittance of what any person would think was any ways near what the costs could have been.

    Sorry… the judges in this Country (at lest in the realm of legal foreclosure), are flat out colluding with the money lenders to the detriment of not only the public but they are a major factor in the disintegration of all that this Country’s legal system was created to fight against.

    Forgive em? Hell no! Never. Wolves is sheep’s clothing. Liars, thieves and traitors to the realm. They are not worth forgiving. They are only worth prosecuting. And it is my own personal hope that once A.I takes over the legal industry (which I thank God it is seeming to do at this very moment) that is exactly what will become of them.

    And as for sentencing… for all the wrought and ruin they have brought to American’s Nationwide… I prefer Vlad Tepe’s way of dealing with them.

  6. “Generally speaking Pro Se Litigants are held to a higher standard than Attorneys”.

    The Judiciary Act of 1789, one of those laws, states that “in all courts of the United States, the parties may plead and manage their own causes personally.” It follows that federal judges must respect the pro se litigants’ right to represent themselves. Thus, the Supreme Court and Congress have means to remedy the problems with federal judges who disrespect and ignore the rights of pro se litigants.

    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.

    “Pleadings in this case are being filed by Plaintiff In Propria Persona, wherein pleadings are to be considered without regard to technicalities. Propria, pleadings are not to be held to the same high standards of perfection as practicing lawyers. See Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th Cir1990),

    Dismissal under 12 B

    “A complaint should not be dismissed for failure to state a claim, unless it appears beyond a doubt, that the plaintiff-defendant can prove no set of facts, in support of his claim, which would entitle him to relief. Conley
    v. Gibson, 355 U.S. 41, 45-46 (1957) also Neitzke v. Williams, 109 S. Ct. 1827, 1832 (1989)

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