So what can we do? Maybe start a website where people can list the Judges that ruled against them? Flood our Senators/Congressmen/Attorney Generals/? with letters and phone calls? I've done all that, I leave my thoughts in blogs and in responses to articles on the net. I packed my own case with so much information that I may have very well lost in the lower Courts BECAUSE I put so much info in it! But whoever saw it HAD to be impressed with the amount and if they just picked up one of the Courts decisions I included, they became educated... at least a little. And that's one of the big reasons I did it. It's my belief, at least at that time, that the Courts needed educating on the reality of the situation. And it's still my belief that as more and more and more of these cases get put before the Court, that there's going to be a point where the Court is going to have to stand up and say, "we can't get away with this any more", and they'll have to rule in our favor. The real question then is, what about all those who lost their homes illegally? Can they get them back? What about damages? The Mortgage Co.'s are being sued from this side, they're also being sued from their investors who were sold a bill of goods that actually didn't exist. I quote Ms April Charney, Florida Legal Aid Atty.,
“What we see is that systematically, the originating lenders only pledged these loans and didn’t actually transfer them” to the trusts that are supposed to hold them and issue the securities, she explained.
But only the true debt owner has the legal standing to be a plaintiff in a foreclosure, she continued. “That’s first-year law school stuff. If you’re Joe and the debt doesn’t belong to you, it belongs to Marjorie, then Marjorie better be in court, not Joe. Don’t come in as Joe and tell me you have the right to be there when you know full well you don’t.”
Yet, time and again, loan servicers and others have sought plaintiff status, often by using affidavits stating that the actual notes had been lost, she said. “I’ve seen paperwork filed by lawyers saying, ‘We anticipate assignment’” of the debt, she said with a scoff.
And the loan originators can’t appear in court and claim the right to foreclose because they would be in violation of securities laws for not transferring the loan to the trust when they were supposed to, she said.
I take that to mean that in the chain of "Holder In Due Course" there are so many errors, that the Notes aren't really, factually, where they were supposed to be when the investors bought into them and in my own case, every transaction that supposedly transferred the note from one entity to another, despite Ohio's rules for doing so, were not properly documented. No Signatures! No Authentication!
But now, at least in this County, there is at least one judge who has no excuse to ever rule again as he has with me. If he read any part of my pleadings, looked at any of the evidence, he's been educated.
But how do we, the people enact the change? How do we force Judge's to decide justly? I am at a loss. Which is why I posted this in the first place. I do keep remembering the late 60's & early 70's demonstrations against the War in Vietnam, and I would be more than happy to attend as many as I could for this epidemic too. I can't seem to find any that are happening. Is there a website to go to? Does anybody know how to organize these things? Has there been a petition drafted to send to anybody concerning corruption in the Courts, and especially the corruption OF the Courts as to their viewpoint and treatment of
litigants? I know, in my own case, that I've talked to about 20 attys, and when I talk of Mortgage Securitization process, they're lost. The Courts are supposed to be for us, we have a need, actually there's a crisis, but because the Legal industry wants to be able to feed all the atty's, they've put in place so many regulations and rules that using the Courts to actually get "justice" is damn near a full time job just trying to figure out how to navigate it through obfuscation, thereby effectively denying us our Constitutionally guaranteed rights. pro se
The fight is exhausting. I find another Defense and I feel great and filled with anticipation of winning. I research a LOT of other cases, just to be able craft my own, I research Court procedures, and I lose. Now that just sucks. So, I gotta say, this is one hell of an uphill battle and in the end I may lose. But I've been here before and I know what the other side of losing is like. After the home is gone, homeless, destitute, wandering around more or less lost and not knowing just what to do next, Plaintiff's got the defecency Judgment's, then they also actually got judgments for the entire original amount of the loans & for their Atty's fee's, and the Courts got another $1,000 per house (this was in 96 and I lost 9 houses, 15 rental units then, each was either boarded up, or should have been, and I, all by myself, did whole house renovations on them all, for me the same thing as this time, I get a promise to do financing in the future, I do the work, I get shut out of refinancing for no reason of my own's making, I see a pattern here!). They ate half a million of Bank's appraisals, but MY, NET Equity and then threw another $100,000 in too! I filed Bankruptcy on it all. It was 12 years after the Bankruptcy before all the mortgages finally disappeared from my Credit rating, despite over 100 letters to the Credit Bureau's and the Creditor. And no atty would take the case despite the fact I had found all the precidents I needed. Too hard. As 4 different Atty's told me, "why should any atty. take this case when there are so many other easy one's out there?"
As I said, I have lived it. I've lived the life of a pauper since 1998. I built the house they're taking from me now, with only my own 2 hands, from parts I scanvenged from McMansion building site dumpsters. To dig my footers, because of a work reltaed injury from the 70's, I can't shovel deep. It just hurts to much. So I dug my footers on my hands and knees using my hands to actually scoop out the dirt. It takes 4 mixings, in a 5 gallon bucket, using a trowel to stir with, to mix 1 - 80 lb. bag of Sakrete concrete. Try it. I once mixed 44 bags, in 2 days, to lay my footers. It took 6 months of going to the local Home Depot, Loew's and 84 Lumber stores and buying broken bags of concrete, taking it home and storing it, just to have the concrete to mix. I was forced into a mortgage because the Tax man caught me building and then back dated my house, and my property tax's and then intitiated foreclosure on me for them. My mortgage Co., then contacted me to sell me the mortgage with a promise of refinaning again in 2 years. I did a bunch more work, they wouldn't refinance. The fight is on again. Only this time, I'm wiser. I now know the only way to really fight this mess is with money. So I personally believe in a "scorched earth" policy. I don't mean leaving a burnt down house, they profit from the Insurance then. I mean I want them (the financial industry) to have to pay lot's and lot's and lot's of money to get me gone. In the end, I'll bankrupt. I'll walk away and my Credit will be ruined for another 20 years and since I'm almost 60 now, with no savings, no retirement, almost no Social Security (I was hurt on the job back in 78 and it was 10 years before I could do anything again, but no one would hire someone who'd already been through the Workman's comp system so I was left to find odd jobs on my own, hence I couldn't pay in much) I imagine I'll do whatever I have to do to survive, or die, after all, that's what life's been like for over 10 years already.. But in the meantime, their atty's are billing at $100 an hour? $200 an hour? $300 an hour? Cool! I don't want to lose. I am adamently stating that right now. And I am doing EVERYTHING I can think of or that I can find not to lose. But if I'm going in to a fight I have absolutely no chance of winning, and the result of which leaves me penniless, homeless & destitute, then I will not walk blindly into the dark again and the light of Truth and experience lights my way.
And one of those truth's is, I need help in trying to figure out what actually can be done that will REALLY cause an effectual change in the Court system.
Sorry this has been so long.... any ideas? John R.