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Please enable JavaScript in your web browser; otherwise some parts of this site might not work properly. Federal government websites often end in. Before sharing sensitive information, make sure you're on a federal government site. This site is secure. Foreclosure is a situation in which a homeowner is unable to make mortgage payments as required, which allows the lender to seize the property, evict the homeowner and sell the home, as stipulated in the mortgage contract. As soon as you realize that you are going to have trouble making your mortgage payments, contact your lender and tell them about your financial difficulties.

This gives them the opportunity to work with you to create a plan. Do not stop paying your bills, and do not wait until you cannot make payments before you act. Though you may feel scared or embarrassed, immediately begin working with your lender to avoid foreclosure on your home. Learn more about how to talk to your lender about trouble making payments.

You can get help through the Making Home Affordable MHA program , which provides free counselors for advice and assistance with keeping you in your home or getting out safely. You can also find a counselor in your area. Once, I was told that when a door closes, another one opens. The lies were tough to swallow, and I admit if you wanted to see a man with tears, there was one to see. Indeed, my friend was correct. While a door hasnt opened in terms of obtaining financial freedomin fact, its quite the contrary as I am more broke than ever before in my lifeI have developed a knack for the law and fair play.

Unfortunately, our courts do not play fair well. Here, I am talking about the rights of people when they enter a court room. I am also talking about my personal experiences as a litigant who has proceeded in a court of law without an attorney, as a pro se litigant for the past four years, from to I am also talking about a person who has found that the Lee County Sheriffs Office is not the only governmental entity which needs fixing.

Our American judicial system is broken. I can say so with complete confidence, based on my own findings and on the basis of my numerous communications I have had with other individuals who attempted to turn to a court of law for relief. What I have found is that the legal systemthe American adversarial legal system, as it is in formis not intended for any of whom are not capable or willing to hire an attorney. Blind justice appears to be only reserved for those who are capable of hiring a member of the Bar.

Beyond that, one has very little, if any, rights. The best of justice is also reserved for those who can afford to pay the best of attorneys. Many attorneys cause the convictions of even their own clients, those who would otherwise not be convicted had they had an attorney who understands, for instance, that an inference is not to be built on top of another inference, a. One door closes, another one opens. I was, during my campaign for Sheriff in , approached by a gentleman who was gravely displeased how home owners were being treated by local judges right here in Lee County.

To put it bluntly, its awful. Being in an American local court room feels like being in an English Court of law during the dark era of the Middle ages where an accused is brought into the court room, given a few minutes to talk in order to create the appearance that there is, indeed, a court of law, only to be told that he is going to be executed the next day. In Lee County, Florida, I have observed one judge become annoyed in a foreclosure lawsuit against a home owner, and the judge adjudicated in favor of the opposing party because he was annoyed.

This book isnt about me or about my experiences, but I believe that the provided discussion about my background and experiences will help readers to put things in proper perspective. Property owners in Lee County have an uphill battle. Worse, our nations economy is in big trouble. This book is written for those who are willing to fight in a court of law. Regardless of whether you want to fight for your rights, you should know about others plights, your neighbors and your fellow residents and citizens.

I care about those who are being railroaded, and I believe that I understand their grievances and concerns to some extent. I have led a good fight, but I might not win my own personal case in pursuit for the proverbial justice. One might find that I have made my share of mistakesone of them might include not keeping my mouth shut at the time when the LCSO felt that it was requiredbut no one can claim that I am lacking character. I am not one to sit still or to accept the status quo as the only solution.

There are plenty of characters who are lacking soul and its very dark inside. I am not one of them. There is a light, and I want to share it with you. I remain, with a personal gratitude regardless of a grieving past for I have it chalked off as being a part of simply being alive. I also want to thank those who are dedicating their lives and public service at the Sheriffs office every day, and I wish that they can instill a part of their good spirit and their good deeds onto others, within the organization and outside.

America needs good leaders. Lee County needs good leaders. It starts with the men and women in the trenches. It starts with you. America will eventually recover as it always has, and so I say, God Speed. The financial institutions and Wall Streets greed has not only affected those who have lost or who are going to lose their homes in foreclosure because they cannot afford to pay for their mortgage payment but it has also affected those who do not even own a home.

During the real estate boom which collapsed in , the financially poor and, if you will, minorities, were given an opportunity to participate in what has ordinarily been reserved for an entirely separate socio-economic class. The lowest at the financial totem pole had been enabled to buy into the American Dreama house, a home, or a castleby what can best be described as an invention by Wall Streets savvy banking institution and a machinery, well lubricated by government and their officials who had sought election or re-election.

Financially engineered products have existed well before the expansion of our most recent boom and bust, but never before in history have those who hold the keys to the apparatus of securitization, along with their invention of, for instance, tranches and CDOs, placed an animal of the size of an elephant, into the not-so well reinforced living room floor of every person in America. A large number of people, all across the United States, have been lulled into the American Dream under a pretense of political correctness. Candidates for political office or those seeking re-election have sold minorities and minority voters on the idea that they, too, are equally entitled to own a home.

However, they obtained homes under a guise of political correctness, and they lost those homes because they couldnt afford them. Bankers knew about that. Representatives in government knew about that. The scheme was a scheme that was set up to fail from the beginning. Perhaps one needs to ask the question if the scheme of securitization falls under the definition of a scheme which was formally introduced as the Ponzi Scheme or Pyramid Scheme. You decide. One who is capable of fairly reasoning would want to believe that most people are just not capable of paying a mortgage payment when the surreal teaser rate of 1.

Our so-called leadersboth in corporate industry as well as in governmentknew or should have known that the scheme to put Americans into a home was a setup for failure. Surely, our bankers must have known. But they could not have cared because the risk was passed on to Wall Street investors who, in turn, were lied to by the very rating agencies whose obligation it was to fairly asses the credit worthiness of these home owners, most of which would have never received a home.

But then, its game over. Worse, minorities and others who were at a financial low before they had bought their homes are now worse off than they had been ever before. They now will likely, definitely never realize the American Dream. With their credit scores being so badly bruised, they will not be able to secure a low-interest mortgage again, not anytime soon. Identified are four kinds of groups which existed in the United States during the real estate boom: Government, a limited number of powerful and rich people, a rather large group of people which are referred to as the puppets; and, as you might have guessed, the financially poor.

A large number of mortgage brokers and loan facilitators across America made a decent living levying legitimate as well as hidden fees by assisting the financially poor to obtain the American Dream they knew would endure only temporarily by giving loans to those who they knew could not afford to pay their mortgage payments in the third or fourth year following the expiration of the teaser rate.

These brokers and facilitators began to accumulate wealth by purchasing real estate and reinvested their profits by flipping homes, which in turn drove up housing prices, artificially. These bonds, in their early days, had been sold to investors for huge profits, and trading practices regarding these bonds were sound and legitimate. Later, however, corporations and trading firms became greedy and began to take advantage of the publics perception that these bonds were save investment vehicles. These bonds were then issued to the public as well as to foreign investors despite the fact that these firms knew that they would file bankruptcy, issuing the bonds in a hurry in anticipation of the filing of bankruptcy.

These brokers and facilitators alike, along with the American people, were being played by a small number of these masterminds, and they were being played for a huge stake at Wall Streets cash cow, amidst the governments blind eye or, if you will, amidst governments lowly paid and overworked regulatory staff, pale in comparison to what, say, the investment gurus at Lehman Brothers were earning. They have been played because they, too, have purchased home after home, investment property after investment property, thereby creating a shortage of supply and artificially driving up home prices.

They have contributed to their own demise. In the end, properties were incapable of being sold. The American economy was forced to her knees. In most cases there wasnt; there isnt. However, unpunished are those at the helm of our governmental institutions who were sworn to office to uphold and to serve the American public. Unpunished are those at the helm of most corporate institutions who have implemented and misplaced what are best referred to as Einstein-like engineered financial tools which had the effect of artificially causing the rise, the unsustainable growth, and consequential fall of our properties values.

Unpunished are they because they knew that the economy would collapse. They knew that it was only a matter of time. These brokers and facilitators are the puppets because they had believed that they could keep their newly found riches. They, too, are now upside down. Their properties are rendered incapable of being sold, given that their mortgage obligation is more than the price which can be fetched in an arms-length transaction. In certain States, judges have already stated that, where certain conditions exist, the parties who are claiming to have a legal interest in home owners properties do not actually have a legal interest to sue.

This book will examine these conditions and the courts orders which have held in favor of our home owners. This book will provide those property owners who live outside of those States in which Courts have ruled favorably with an overview of what they can and cannot do. Property owners will be enabled to understand what the documents in their possession, including the all-so important promissory note, really mean and how they can be used as legal weapons against the parties who are claiming to have a legal interest in their properties.

Property owners will also be enabled to understand what the documents mean which are not in their possession, including those which the suing parties fail to file with the courts for a given and self-serving interest, including, for example, the plus to pages Pooling and Servicing Agreement. Property owners will be able to link these documents with the strategies identified in this book and determine which course of action is best suited for the home owners factual situation. Home owners in America should be encouraged because about every month or so new and important case law hits the public arena.

On the downside, this may not be the case that will enable you to control the judge with legal precedent because this case law may have held that certain favorable conditions exist in the State of California but not where you reside, say, in Florida. Time will improve all of our lives. I anticipate that people will be able to obtain their property free and clear regardless of whether they live in a currently deemed favor less or favor able State. Of course, a suggested course of action is to know about all of the available strategies, regardless of whether they are currently available in your State.

At some future point, there will be one big blast as banking institutions will face a judge who is going to be well informed about the institutions schemes. And, these schemes stink in all directions. In cases where mortgages and their respective promissory notes have been securitized, the suing party has essentially created a waiver to sue at the instant moment the mortgage and the note was securitized.

This waiver is just that: The suing party is not entitled to bring a foreclosure action against the home owner. In order to securitize thousands and thousands of mortgages, certain legal structures had to be created along with legal documents in support of these structures. Those who created legal structures in order to securitize mortgages cannot bring a legal claim of foreclosure against home owners in America. In doing so, these financial firms had to agree or they inadvertently agreed to waive their right to sue. Additionally, and, perhaps, more importantly, the suing party has participated in a process in which certain tax benefits were obtained and that, on the basis of those conditions, the suing party has forfeited any of its arguably otherwise available legal right to sue.

In short, the property owner or his attorney is capable of making the legal argument that the suing party has participated in the IRS tax benefit or REMIC and that the property is to be obtained free and clear of any mortgage encumbrance as a result thereof. These financial firms have created legal vehicles and documents which have allowed them to reap certain financial benefits, both by securitizing mortgages and also by voluntarily and glad-fully submitting to IRS tax havens.

This author believes that in most, if not all, cases, the suing party will self-create fatal conditions during the process of litigation. This book will examine these conditions. Knowing the rules can help you get your home free and clear. Heres what Frederick Graves says about the rules: Arguing with judges is like arguing with baseball umpires. You better know the rules and how to use them!

Did you know every major league baseball park has its own "Ground Rules", and there are "Universal Ground Rules" that apply to all major league parks? Here are a few rules from the Official MLB Rulebook: A player is not permitted to step or go into a dugout to make a catch. A player is permitted to reach into a dugout to make a catch. If a player makes a catch outside the dugout and his momentum carries him into the dugout, the catch is allowed as long as the player does not fall in the dugout. Seems simple enough, doesn't it?

But, what if the players or the coach don't know the rules? What happens then? Will it do any good at all to argue with the umpire? Probably not! To argue successfully with a baseball umpire or a judge in a lawsuit, you must know how to use the rules! Knowing the rules is not enough. You must know how to use the rules! It's the bottom of the ninth. Two down. Batter at the plate. The count is three and two.

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The batter pops a high foul. You push back your catcher's mask and dash toward the dugout to make the catch. The ball hits your glove and at that precise instant you trip on the rim of the dugout and fall in. You scramble. Teammates cheer. Fans roar fanatic approval from the stands. But, the scornful look on the umpire's face and his raspy voice quickly erase your victorious joy. Fast behind is the coach, marching menacingly toward the umpire, cap shoved back, both fists in the air, also shouting nasties and accusing the umpire of needing a new pair of glasses.

The umpire stands firmly behind the plate, hands planted on his hips, and waits for the verbal onslaught. It's an out! Game's over. We win! Didn't you see me catch the ball? Jeeter couldn't do any better! You fell in the dugout. Catch doesn't count. Get back behind the plate where you belong! Either know how to use the rules or lose! Learn how to use the official rules It might be the "play of the season" to you. You might show up with all kinds of documents and things you think are "admissible evidence".

You might know the law of the case is on your side. If you don't know how to use the rules of evidence and the rules of procedure to argue effectively with the judge Many judges and lawyers don't know the rules!

HOW TO STOP FORECLOSURE

This works to your advantage if you've studied my course! There will be times when you'll need to argue with the judge about this or that, but please believe what I learned these past 24 years since I started practicing law as a licensed attorney, unless you know the rules and how to argue the rules effectively, you have no more chance of changing a judge's ruling than the catcher who snagged a foul ball in mid-air while falling into the dugout! The Rules rule! End of story!

I should add that the rules do favor the good guy, the side that should win. But, if you don't know the rules and how to argue them effectively with a judge, you have no chance of winning in a contest where the other side knows the rules better than you do. The judge isn't supposed to help you, any more than an umpire should favor either baseball team. A host of wannabe legal gurus are infesting the internet and barbershops with half-baked schemes that sound too good to be true.

You've probably heard people promoting ideas that you can win by challenging a. Sounds like an easy way to win You are not above the law. Challenging a judge's oath is not going to win your lawsuit. You cannot defeat a collateral lien of a lender by claiming a lien in your own property! And, if you think you can win by arguing banks don't loan "real money", you may end up defending yourself in sanity proceedings seeking to have you committed to an asylum.

The key to winning is knowing how to use the rules! Silver-bullet methods offered by wannabe legal gurus will only get you deeper into trouble! Why not learn how to use the rules for yourself? The Rules of Evidence. The Rules of Procedure. That's all there is to it. The rules of court are actually simpler than the official rules of major league baseball Major league baseball rules take up about pages, while the most important rules of court are less than 50! Force judges to enforce the rules, instead of allowing the lawyer on the other side twist the law against you!

You cannot hope to win until you know how to use the rules to control judges and lawyers including your own, if you have one! Know the rules and force everyone to play by them! Know how to draft proper pleadings, know how to get admissible evidence in the court's record, know how to keep the other side from getting their evidence in, know how to move the court to enter orders favorable to your cause.

Not every States court has as of yet legally recognized that those who are claiming to have a legal interest in your property have, by their conduct and action, agreed to waive their right to sue home owners. The suing parties most certainly also know that the legal waiver is not yet available to home owners in every State. They also know that most home owners do not know about their legal rights.

Home owners who are not aware of their legal rights will lose their properties. However, homes need not be lost. Even home owners who are located in States which have not yet legally recognized that home owners cannot be sued because the respective financial entities have waived their right to sue, and property owners do not need to lose their homes because they can bring legal claims for Federal violations which had been committed against the home owners at the closing table. These violations are not necessarily connected to the violations in terms of the process of securitization, but they can be used so as to either off-set damages.

Even in cases where it turns out that the so-called lender had followed the lawthe author doubts that this is the casethe home owner will have remained in his castle for up to a few years. The legal process is slow. The procedure in which the suing party is made to provide documents in a legal proceeding known as discovery can take many, many months, and will delay a legal action regardless of who is right and who is wrong. Here, the home owner may want to file a legal claim for one or several of Federal violations and do so in Federal court, striking a legal blow to the suing party.

In a worst case scenario, the countersuit for Federal violations will delay the home owners eviction. In a good case scenario, the home owner will have delayed his or her case until the time at which the home owners respective State has finally recognized the suing partys waiver to sue, and the home owner can obtain his or her home free and clear at that point. If home owners have not already won their cases by the time the Federal lawsuits are adjudicated, they can obtain their homes free and clear at the time at which the waiver can be enforced in a court of law.

Property owners may want to engage the suing party by pursuing a claim for deceiving you, the home owner. What you might know is that many lenders did not ask, for example, how much money a prospective borrower was earning. They even instructed home owners to just state their income, on paper, without further verification.

Prospective home owner never had to provide any documentation in order to prove their income. It was somebody elses money. Additionally, any risk was passed on to Wall Street investors by quickly selling off the contractual obligation and the home owners promise to repay to an entity, such as Leman Brothers, who, in turn securitized thousands of those mortgages, selling them off to Wall Street investors, a.

Lenders knew that people could not afford to pay their mortgage payments after the expiration of their exotic or Adjustable Rate Mortgage, a. You also may want to recall that it took 30 days to get approved for a loan about twenty years ago but only about 10 minutes to get approved for a loan after the year There is a reason for just about anything.

Now you know: the risk wasnt theirs. The money which you, the home owner, received for the purchase of your home and which you believed was the money which came from a lender or the entity which sat across from you at the closing table never was that entitys money. It was someone elses money. Ultimately, it was our American taxpayers who were paying for that risk when the housing market and our American economy collapsed in Our government disingenuously labeled A. What follows is an excerpt of Colossal Failure of Common Sense: The lawyers were on the march, with lawsuits flying around like artillery shells all over the country as people swore they were sold mortgages did not understand.

They were confused by the interest rates and the closing costs.


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There were allegations of unfair and discriminatory loans, reckless and. And then there were the accusations of companies deliberately altering the income and employment statements of applicants. In one court room, a plaintiff swore. There were continued allegations of overstatement of assets. Most home owners fail to go to court and claim a defense, any defense at all. In a scenario that is played out day-in and day-out in a court room all across America, the suing party simply asserts that the home owner owes a certain amount of money.

They additionally claim that they are entitled to damages for any interests and fees, caused by the home owners failure to pay the mortgage payment. However, home owners are entitled to have the suing partys alleged damages mitigated. This is typically accomplished by legally forcing the suing party to produce all of their documentation which clearly demonstrates and itemizes with specificity the amounts the suing party is claiming the property owner owes. A bright attorney will rigidly adhere to the rules of the court, forcing the opponent to provide, for instance, an accounting ledger.

He or she will also move the court to subpoena important witnesses for cross examination. This process means that the suing party has to produce all of the documents which clearly show, pursuant to evidence rules that home owners owe the damages the suing party is claiming they owe. And, the suing party has to show that the home owner owes the contractual mortgage obligation to the suing party and not some other entity.

Our legal process also empowers those who are willing to take the time to take up the issue in a court of law to produce any such document pursuant to evidence rules, which require that the suing party shows not only that these documents legitimately exist but also that these documents had better been kept by a record custodian, in a safe manner, in a place at which these and related documents are typically kept during the course of business, according to long-standing case law.

In the event that the suing party fails to prove up any of the requirements, the alleged document fails to enter into the court as a piece of usable evidence, leaving the home owner with a partial, if not complete, but tremendously important victory. Forcing legally the suing party to provide these documents pursuant to evidence rules has additional benefits. One is that the homeowners insistence that the suing party and the local court follow evidence rules to the tooth and nail will delay the litigation and do so legally and justifiably pursuant to law.

Litigation may be delayed for many, many months, even years. Additionally, a home owner may benefit from this delay because the suing parties are suing thousands and thousands of home owners, and thats taking up a chunk of their time as well. Foreclosure courts are completely and utterly swamped. I couldnt have said it any better. These suing parties will not place a lot of time into one single case in which the home owner is clever enough to make an attempt to initiate a legitimate fight.

Learn about deficiency judgments in Indiana.

The suing parties will not spend a lot of time with a home owner who is going to put up a legitimate resistance because the suing parties can so easily walk all over thousands and thousands of other home owners who are gullible and clueless. By legally forcing the suing party to provide these documents, home owners might be able to reduce the amount of money they allegedly owe. In some cases that I am aware of, home owners also have sent the loan servicer thousands of dollars worth the payments and the servicing agent has refused to properly credit the property owners account.

Capitalize on this refusal, and you will be in for a positive surprise. Attorneys are supposedly trained and solidly grounded in the tasks of authenticating documents, allowing only originals to be entered as evidence and know to follow the rules of evidence. The reality is that, according to Frederick Graves, J. Having sat in during several court room presentations, it is my experience that the rules are not being followed in many situations, and I therefore agree with Graves observations.

That's right! Law school teaches all sorts of things In I graduated from Stetson College of Law, the undisputed leader in litigation skills. Stetson wins national trial competitions. Google "national litigation competition Stetson" and see for yourself. But, national trial competitions aren't the real world, and professors at Stetson were too politically correct to teach us how to control judges and overcome scheming tricks of crooked lawyers.

What we learned in law school was legal theory and not much practical knowledge! But, theory doesn't win lawsuits. Most lawyers never learn what Jurisdictionary makes so easy-tolearn. People have been telling me since I started Jurisdictionary in that, "Your course should be required in first year law school.

I teach you how to control corrupt judges and overcome crooked lawyers and their sneaky tricks! There's a reason why lawyer jokes proliferate. There's a reason why so many people complain about high-minded, highhanded judges who ignore the law. Political correctness prevents justice all-too-often! Winning lawsuits is a brutal, no-holds-barred, axe fight! Jurisdictionary is your axe! Never expect a judge to help you. That's not a judge's job! Judges aren't supposed to help either side.

Yet, too often they are biased, and you must know how to control them and put a stop to your opponent's sneaky tricks! Otherwise, you lose! Winners know how to fight to win! Losers believe internet fables. Losers get their legal education at the barbershop or on websites or expensive weekend seminars run by people who never practiced law, never went to law school, and don't know mud from sand about rules or how to use them to control judges.

Control judges! Save legal fees! Defeat crooked lawyers! You cannot win if you don't know how to control the judge and all the lawyers including your own lawyer, if you can afford to pay one to go to court for you! Know the rules and how to force everyone to obey! Know how to draft proper pleadings, how to get your own evidence in the court's record, how to keep the other side from getting their evidence in, how to move the court to enter orders favorable to your cause, and how to use your Jurisdictionary legal know-how and case-winning strategies to control the judge and win your case!

Here, Graves is talking about procedural issues, the rules of civil procedures, the rules of evidence. I also believe that, concerning the current housing crisis, many attorneys are not capable of properly addressing the relevant foreclosure issues. Some attorneys, including those who claim to specialize in real estate law, have shown that they are not capable of helping our property owners because, in part, they do not understand the complexities involving the securitization of mortgages.

You might be aware that, for instance, Coca Cola is guarding its soda formula and that it has made the claim that it, a trade secret, cannot be revealed. Hardly any reasonable person would hold otherwise. But, the claim that any business concerning your mortgaged home is a trade secret is a disingenuous approach. Many real estate attorneys do not understand the complex legal entities which had been created together with the complex legal documents which had been filed with the Securities and Exchange Commission SEC , all in an attempt to manipulate the American public and in order to create an appearance that their lawsuit is legitimate.

Many of these attorneys are simply not trained to know about Trusts. For instance, they do not understand that a trust appearing to be a trust is, many times, not a trust at all but, simply, a firm registered as a corporation, e. Generally, if you see the word Trust or Trust Company appear in the caption of a foreclosure complaint, its a red flag and a big bonus point for you. Also, if you have an attorney who understands that documents which the suing party purports exist need to be properly authenticated, you will have the upper hand in the court room.

You will also be well served by knowing, regardless of whether your litigation is a foreclosure action or any other action of law, about which documents or evidence to include as well as to exclude and introduce into the record or, respectively, keep out. The suing party will attempt to keep certain documents out, out from your sight. It is, however, in the home owners best interest to persuade the court to keep the documents which the suing party wants to have excluded included. I anticipate that the attorneys who are hired by these institutions, willing to sweep your property from under your feet in less than twenty or forty seconds, are quite capable.

I have observed these foreclosure actions in Lee County, and I now know that the suing parties attorneys do not follow the rules they are supposed to follow. The reality is that they dont need to follow any of the rules since they know that you, without an attorney, are clueless. They know that you dont know the rules which are intended to protect you. So, they do not see a need to follow them. As an analogy, if you were to play the game of monopoly and were clueless about the rules of the game, your playmate could, if she wanted to, teach you the rules.

Worse, she could instruct you about her version of the games rules. You then blindly follow your playmates instructions because you believe that your playmate will treat you fairly. In court, you have an expectation that you will be treated fairly. However, if you believe this will happen, you are indeed a fool! The opposing attorney will bluntly walk all over the home owner while the judge looks on. To be fair, a judge, generally, is not in a position to help the home owner because of the United States adversarial system.

In other words, the home owner is the one who has to make the proper requestsor, as its known, to move the court in order to get the court to do somethingat the proper time in order to have his or her rights enforced. The judge cannot do it for him or her. Didn't you see me catch the ball? Jeeter couldn't do any better! You fell in the dugout. Catch doesn't count.

Get back behind the plate where you belong! Either know how to use the rules or lose! Learn how to use the official rules It might be the "play of the season" to you. You might show up with all kinds of documents and things you think are "admissible evidence". You might know the law of the case is on your side. If you don't know how to use the rules of evidence and the rules of procedure to argue effectively with the judge Many judges and lawyers don't know the rules!

This works to your advantage if you've studied my course! There will be times when you'll need to argue with the judge about this or that, but please believe what I learned these past 24 years since I started practicing law as a licensed attorney, unless you know the rules and how to argue the rules effectively, you have no more chance of changing a judge's ruling than the catcher who snagged a foul ball in mid-air while falling into the dugout!

The Rules rule! End of story! I should add that the rules do favor the good guy, the side that should win. But, if you don't know the rules and how to argue them effectively with a judge, you have no chance of winning in a contest where the other side knows the rules better than you do. The judge isn't supposed to help you, any more than an umpire should favor either baseball team.

A host of wannabe legal gurus are infesting the internet and barbershops with half-baked schemes that sound too good to be true. You've probably heard people promoting ideas that you can win by challenging a. Sounds like an easy way to win You are not above the law. Challenging a judge's oath is not going to win your lawsuit. You cannot defeat a collateral lien of a lender by claiming a lien in your own property!

And, if you think you can win by arguing banks don't loan "real money", you may end up defending yourself in sanity proceedings seeking to have you committed to an asylum. The key to winning is knowing how to use the rules! Silver-bullet methods offered by wannabe legal gurus will only get you deeper into trouble!

Why not learn how to use the rules for yourself? The Rules of Evidence. The Rules of Procedure. That's all there is to it. The rules of court are actually simpler than the official rules of major league baseball Major league baseball rules take up about pages, while the most important rules of court are less than 50! Force judges to enforce the rules, instead of allowing the lawyer on the other side twist the law against you!

You cannot hope to win until you know how to use the rules to control judges and lawyers including your own, if you have one! Know the rules and force everyone to play by them! Know how to draft proper pleadings, know how to get admissible evidence in the court's record, know how to keep the other side from getting their evidence in, know how to move the court to enter orders favorable to your cause. Not every States court has as of yet legally recognized that those who are claiming to have a legal interest in your property have, by their conduct and action, agreed to waive their right to sue home owners.

The suing parties most certainly also know that the legal waiver is not yet available to home owners in every State. They also know that most home owners do not know about their legal rights. Home owners who are not aware of their legal rights will lose their properties. However, homes need not be lost.

Even home owners who are located in States which have not yet legally recognized that home owners cannot be sued because the respective financial entities have waived their right to sue, and property owners do not need to lose their homes because they can bring legal claims for Federal violations which had been committed against the home owners at the closing table. These violations are not necessarily connected to the violations in terms of the process of securitization, but they can be used so as to either off-set damages. Even in cases where it turns out that the so-called lender had followed the lawthe author doubts that this is the casethe home owner will have remained in his castle for up to a few years.

The legal process is slow. The procedure in which the suing party is made to provide documents in a legal proceeding known as discovery can take many, many months, and will delay a legal action regardless of who is right and who is wrong. Here, the home owner may want to file a legal claim for one or several of Federal violations and do so in Federal court, striking a legal blow to the suing party.

In a worst case scenario, the countersuit for Federal violations will delay the home owners eviction. In a good case scenario, the home owner will have delayed his or her case until the time at which the home owners respective State has finally recognized the suing partys waiver to sue, and the home owner can obtain his or her home free and clear at that point. If home owners have not already won their cases by the time the Federal lawsuits are adjudicated, they can obtain their homes free and clear at the time at which the waiver can be enforced in a court of law.

Property owners may want to engage the suing party by pursuing a claim for deceiving you, the home owner. What you might know is that many lenders did not ask, for example, how much money a prospective borrower was earning. They even instructed home owners to just state their income, on paper, without further verification. Prospective home owner never had to provide any documentation in order to prove their income. It was somebody elses money. Additionally, any risk was passed on to Wall Street investors by quickly selling off the contractual obligation and the home owners promise to repay to an entity, such as Leman Brothers, who, in turn securitized thousands of those mortgages, selling them off to Wall Street investors, a.

Lenders knew that people could not afford to pay their mortgage payments after the expiration of their exotic or Adjustable Rate Mortgage, a. You also may want to recall that it took 30 days to get approved for a loan about twenty years ago but only about 10 minutes to get approved for a loan after the year There is a reason for just about anything. Now you know: the risk wasnt theirs.

The money which you, the home owner, received for the purchase of your home and which you believed was the money which came from a lender or the entity which sat across from you at the closing table never was that entitys money. It was someone elses money. Ultimately, it was our American taxpayers who were paying for that risk when the housing market and our American economy collapsed in Our government disingenuously labeled A. What follows is an excerpt of Colossal Failure of Common Sense: The lawyers were on the march, with lawsuits flying around like artillery shells all over the country as people swore they were sold mortgages did not understand.

They were confused by the interest rates and the closing costs. There were allegations of unfair and discriminatory loans, reckless and. And then there were the accusations of companies deliberately altering the income and employment statements of applicants. In one court room, a plaintiff swore. There were continued allegations of overstatement of assets. Most home owners fail to go to court and claim a defense, any defense at all. In a scenario that is played out day-in and day-out in a court room all across America, the suing party simply asserts that the home owner owes a certain amount of money.

They additionally claim that they are entitled to damages for any interests and fees, caused by the home owners failure to pay the mortgage payment. However, home owners are entitled to have the suing partys alleged damages mitigated. This is typically accomplished by legally forcing the suing party to produce all of their documentation which clearly demonstrates and itemizes with specificity the amounts the suing party is claiming the property owner owes.

A bright attorney will rigidly adhere to the rules of the court, forcing the opponent to provide, for instance, an accounting ledger. He or she will also move the court to subpoena important witnesses for cross examination. This process means that the suing party has to produce all of the documents which clearly show, pursuant to evidence rules that home owners owe the damages the suing party is claiming they owe.

And, the suing party has to show that the home owner owes the contractual mortgage obligation to the suing party and not some other entity. Our legal process also empowers those who are willing to take the time to take up the issue in a court of law to produce any such document pursuant to evidence rules, which require that the suing party shows not only that these documents legitimately exist but also that these documents had better been kept by a record custodian, in a safe manner, in a place at which these and related documents are typically kept during the course of business, according to long-standing case law.

In the event that the suing party fails to prove up any of the requirements, the alleged document fails to enter into the court as a piece of usable evidence, leaving the home owner with a partial, if not complete, but tremendously important victory. Forcing legally the suing party to provide these documents pursuant to evidence rules has additional benefits. One is that the homeowners insistence that the suing party and the local court follow evidence rules to the tooth and nail will delay the litigation and do so legally and justifiably pursuant to law.

Litigation may be delayed for many, many months, even years. Additionally, a home owner may benefit from this delay because the suing parties are suing thousands and thousands of home owners, and thats taking up a chunk of their time as well. Foreclosure courts are completely and utterly swamped. I couldnt have said it any better. These suing parties will not place a lot of time into one single case in which the home owner is clever enough to make an attempt to initiate a legitimate fight. The suing parties will not spend a lot of time with a home owner who is going to put up a legitimate resistance because the suing parties can so easily walk all over thousands and thousands of other home owners who are gullible and clueless.

By legally forcing the suing party to provide these documents, home owners might be able to reduce the amount of money they allegedly owe. In some cases that I am aware of, home owners also have sent the loan servicer thousands of dollars worth the payments and the servicing agent has refused to properly credit the property owners account. Capitalize on this refusal, and you will be in for a positive surprise.

Attorneys are supposedly trained and solidly grounded in the tasks of authenticating documents, allowing only originals to be entered as evidence and know to follow the rules of evidence. The reality is that, according to Frederick Graves, J. Having sat in during several court room presentations, it is my experience that the rules are not being followed in many situations, and I therefore agree with Graves observations.

That's right! Law school teaches all sorts of things In I graduated from Stetson College of Law, the undisputed leader in litigation skills. Stetson wins national trial competitions. Google "national litigation competition Stetson" and see for yourself. But, national trial competitions aren't the real world, and professors at Stetson were too politically correct to teach us how to control judges and overcome scheming tricks of crooked lawyers. What we learned in law school was legal theory and not much practical knowledge! But, theory doesn't win lawsuits.

Most lawyers never learn what Jurisdictionary makes so easy-tolearn. People have been telling me since I started Jurisdictionary in that, "Your course should be required in first year law school. I teach you how to control corrupt judges and overcome crooked lawyers and their sneaky tricks! There's a reason why lawyer jokes proliferate.

There's a reason why so many people complain about high-minded, highhanded judges who ignore the law. Political correctness prevents justice all-too-often! Winning lawsuits is a brutal, no-holds-barred, axe fight! Jurisdictionary is your axe! Never expect a judge to help you. That's not a judge's job! Judges aren't supposed to help either side. Yet, too often they are biased, and you must know how to control them and put a stop to your opponent's sneaky tricks!

Otherwise, you lose! Winners know how to fight to win! Losers believe internet fables. Losers get their legal education at the barbershop or on websites or expensive weekend seminars run by people who never practiced law, never went to law school, and don't know mud from sand about rules or how to use them to control judges.

Control judges! Save legal fees! Defeat crooked lawyers! You cannot win if you don't know how to control the judge and all the lawyers including your own lawyer, if you can afford to pay one to go to court for you! Know the rules and how to force everyone to obey! Know how to draft proper pleadings, how to get your own evidence in the court's record, how to keep the other side from getting their evidence in, how to move the court to enter orders favorable to your cause, and how to use your Jurisdictionary legal know-how and case-winning strategies to control the judge and win your case!

Here, Graves is talking about procedural issues, the rules of civil procedures, the rules of evidence. I also believe that, concerning the current housing crisis, many attorneys are not capable of properly addressing the relevant foreclosure issues. Some attorneys, including those who claim to specialize in real estate law, have shown that they are not capable of helping our property owners because, in part, they do not understand the complexities involving the securitization of mortgages.

You might be aware that, for instance, Coca Cola is guarding its soda formula and that it has made the claim that it, a trade secret, cannot be revealed. Hardly any reasonable person would hold otherwise. But, the claim that any business concerning your mortgaged home is a trade secret is a disingenuous approach. Many real estate attorneys do not understand the complex legal entities which had been created together with the complex legal documents which had been filed with the Securities and Exchange Commission SEC , all in an attempt to manipulate the American public and in order to create an appearance that their lawsuit is legitimate.

Many of these attorneys are simply not trained to know about Trusts. For instance, they do not understand that a trust appearing to be a trust is, many times, not a trust at all but, simply, a firm registered as a corporation, e. Generally, if you see the word Trust or Trust Company appear in the caption of a foreclosure complaint, its a red flag and a big bonus point for you.

Also, if you have an attorney who understands that documents which the suing party purports exist need to be properly authenticated, you will have the upper hand in the court room. You will also be well served by knowing, regardless of whether your litigation is a foreclosure action or any other action of law, about which documents or evidence to include as well as to exclude and introduce into the record or, respectively, keep out.

The suing party will attempt to keep certain documents out, out from your sight. It is, however, in the home owners best interest to persuade the court to keep the documents which the suing party wants to have excluded included. I anticipate that the attorneys who are hired by these institutions, willing to sweep your property from under your feet in less than twenty or forty seconds, are quite capable. I have observed these foreclosure actions in Lee County, and I now know that the suing parties attorneys do not follow the rules they are supposed to follow.

The reality is that they dont need to follow any of the rules since they know that you, without an attorney, are clueless. They know that you dont know the rules which are intended to protect you.

What Lies in Your Debt? - Episode 32 - How to Stop Foreclosure & Debt Collectors

So, they do not see a need to follow them. As an analogy, if you were to play the game of monopoly and were clueless about the rules of the game, your playmate could, if she wanted to, teach you the rules. Worse, she could instruct you about her version of the games rules. You then blindly follow your playmates instructions because you believe that your playmate will treat you fairly. In court, you have an expectation that you will be treated fairly.

However, if you believe this will happen, you are indeed a fool! The opposing attorney will bluntly walk all over the home owner while the judge looks on. To be fair, a judge, generally, is not in a position to help the home owner because of the United States adversarial system. In other words, the home owner is the one who has to make the proper requestsor, as its known, to move the court in order to get the court to do somethingat the proper time in order to have his or her rights enforced.

The judge cannot do it for him or her. There appears to be a fine line. The judge may be inclined to assist you since you likely will not know about any of the procedural requirements, but the judge is prohibited from taking any sides. Any act of assistance might be construed, on an appeal, to constitute bias or preferential treatment.

On the other hand, in the interest of justice, the judge should guide a pro se litigant. The opposing attorney knows or should know all of the procedural moves. You had better, too, if you want to succeed. Opposing counsels will be one step ahead of your procedural steps since that is what they learned in law school. Sometimes, the opposing attorney is an accomplished board certified trial attorney. If so, be aware.

Foreclosure | USAGov

Generally, if you need to hire an attorney, you might want to hire a board certified trial attorney. The reason why you should hire the board certified trial attorney isnt necessarily because you want an attorney so that he or she can excel during trial and sway the jury. You might want to hire this type of attorney because you want to motivate the opposing party to settle the case. Going to trial is, generally, a risky proposition even from a position of sheer strength. Its especially a dud, with incompetent counsel [FN]. If you hire a board certified attorney, the opposing partys lawyer will know or should know that your attorney has successfully handled a required number of trials.

You are then communicating from a stronger position in which to negotiate or settle. In other words, if you speak from a position of strength, you might not need to go to trial. If you are situated in a position of weakness, you will be played and lose. This attorney should have been fired if not held liable for malpractice.

Attorneys make these types of mistakes and more. Kim Young et al. Judges, sometimes, do lend a hand, but, in a rocket docket foreclosure court, dont hold your breath for this to happen. For the most part, I have observed only the worst of treatments in a foreclosure court. You are automatically guilty the minute you step into the foreclosure court room. The judge just wants to know if you live in the house or not. If you do, you get 60 days in order to move out. If you dont, you have 30 days in order to vacate the property. He may even ask you if there are any reasons why you should not lose your home.

Your answer might be a compelling reason to you, but having a job or having six children to feed is not a legal reason to prevent the foreclosure, and the judge will politely tell you. This dialogue takes twenty seconds but no longer than forty. You are the cattle which is going to get a steel rod imprinted into your forehead, then escorted out the door, then served for dinner, proverbially, of course.

Thats twenty or forty seconds. In one case which I have observed, a gentleman was escorted out the door by the bailiff only because he spoke when he was not supposed to speak, attempting to assert his Fourteenth Amendment Equal Protection and Due Process rights. The judge cared less; he was annoyed and ruled in favor of the opposing party only because he was annoyed and not because of any of the merits of the case.

In other word, just because the litigant who was not represented by an attorney spoke at the wrong time and annoyed the judge, the home owner lost his house. This kind of treatment, of course, happened in England during the Middle Ages, but it also happens here in Lee County, Florida, in our modern age, in Learning the rules of the court, the Florida Rules of Civil Procedure, the Florida Rules of Appellate Procedure, the Florida Rules of Evidence, or any other rule, is quite a bit different than learning how to play Monopoly or poker.

Yet, the analogy is proper. You will not enjoy a good game if you do not know how to proceed. Even your best friends wont allow it. Likewise, you cannot become a participant in a system which generally disfavors litigants who are proceeding without an attorney if you do not know and understand these rules. To win, you must fight. To fight, you must learn.

You need to equip yourself with the tools of the trade, i. To best use the tools and to have them ready and loaded, you must practice. Winning a lawsuit is not about just the merits of the case, i. Its about the merits of the case plus knowing all of the procedural steps and knowing them well. You also must know how to object for only a proper objection can protect you on an appeal. This is what also controls the judge, and he or she knows that if you know how to object you might appeal in the event of judicial error or bias.

In Lee County, Florida, alone, about home owners in foreclosure are processed in the morning and another in the afternoon. The numbers are staggering. Moreover, there can be had very little, if any justice. Few, if any, of those home owners who do bother to show up in court are getting a fair hearing. Every week-day. All day. Every week. Every month.

All year. How much longer? I will, in this book, include a dialogue which actually took place here in Lee County in the month of December of The court reporter was present and transcribed the spoken words. I will include these words, as they were spoken by the judge and by the home owner defendant, verbatim. See for yourself. Learn what your court room will and will not do for you. You might want to protest this conduct or complain. Call for reform. In this case the home owner acted for himself, without an attorney, in his capacity as a Pro Se Counsel.

I happened to be present on that day, and I was disgusted by the treatment of our people in an American court room. Based on this one incident, and on other such similar incidents observed prior to that day on at least four separate occasions in Lee County, I believe that our rights are eroding and, on the basis of what I have missed so far, they have been eroding without my knowledge. We must resolve these issues and contact our legislatures and demand change. Our nation which supposedly believes in the value of civil order is riddled with judges who idly stand by while our property owners are being stripped of their most basic rights, - a fair hearing and what is known as due process.

American home owners have become a laughing stock, right here, in our local community, and in your local court room. This is happening all over the United States. I am afraid that you might only be able to fully appreciate the seriousness of these violations if you, somehow, are in a position to have or obtain knowledge about what a fair.

You will then find that our people are treated as second-class, subordinate people, much like cattle, but addressed as Sir or Maam. I believe that many of us have come far astray in our own understanding of what exactly it is that our founding fathers have given us, as a tremendously valuable gift. I have personally observed that judges do not enforce the rules of the law. For example, they tolerate attorneys who act in a court of law as if they were witnesses, despite the fact that the rules do not allow it.

These judges allow the opposing attorneys to speak in an attempt to assert the truth and validity of the documents presented in court, despite the fact that, by the rules, attorneys are not allowed to testify.


  • Enemy Among Us;
  • Foreclosure.
  • Extinct Birds (Poyser Monographs)!
  • Deficiency Judgments After Foreclosure in Indiana | Nolo.
  • Category: 32 Ways Quickly Stop Foreclosure.
  • Foreclosure Mediation in Ohio: What You Need to Know.
  • Self, Creativity, and the Arts.

See [FN]. These judges allow the attorneys to make legal arguments on the basis of documents which had not even been formally and properly admitted into evidence. These judges allow these attorneys to speak as if they had first-hand knowledge of the events, and they do not require the attorneys to give statements of their knowledge, if any, under oath. During a foreclosure action, I have also observed one judge who has stated that on the basis of the evidence before him everything appeared to be in order and that the home owner, therefore, had to vacate the home.

Only minutes later, the same judge stated that he was not familiar with the case. This, in the presence of the court reporter who had recorded every word. This home owner was blatantly deprived of due process and equal protection under the law. When the home owner courageously objected several times in order to let the judge know that this whispering was causing the home owner undue prejudicethe home owner even properly objected and did so according to the rules on at least one occasionthe home owner was told that the judge needed to be updated with the case.

After that, following another objection to the Unconstitutional treatment, the home owner was escorted out of the court room, treated like a second-class citizen. In the Dark Ages, he would have been slaughtered the next day or hung. Here, in , he was just being deprived of his property. Property owners and, generally, those who are seeking to file a legal claim in a court of law also need to know that attorneys, in some cases, are not willing to do certain things which a party who is proceeding without an attorney might otherwise be capable or willing of doing.

A claim for fraud is disfavored by the courts, but a pro se litigant has a better chance of asserting it. In some instances, a home owner might want to assert a claim of fraud. It just depends on the case. Be aware, however, that some attorneys are not going to allege a cause of action for fraud because this kind of claim requires them to state with specificity all of the legal elements required and do so before they have an opportunity to discover all of the truth during discovery. Attorneys may not be willing to assert a claim of fraud both because it is difficultbut not impossibleto prove the elements of fraud and because they fear that they may jeopardize their license to practice law.

This fear might be warranted, given the Bars oversight and desire to protect and serve its brotherhood of which attorneys and judges are members. Most attorneys may also not be willing to pursue a legal claim of fraud because they do not want to expose their fellow attorneys with whom they share the court room, day-in and day-out. On the other hand, if you are capable of proceeding without the assistance of an attorney, Pro Se, or, for yourself, you can pursue a legal claim of fraud, and this book will provide the case law which has discussed the issues pertaining thereto.

A claim of fraud would be most appropriate in cases in which the suing parties have fabricated documents in order to deceive you and, well, also the judge. They have the guts to actually file these documents in a court of law. I have, for instance, pointed out earlier that public notaries have notarized signatures in one State where the parties signing a given document were located, at the time of the signing, in another State. In any event, most attorneys are not willing to expose the opposing attorney in a court of law, and thats that.

Contrary to what you are being told by bankruptcy attorneys, filing bankruptcy does not save your home. It only delays the eventual loss of your home. In an internet post in February , attorney Frederick Graves states that bankruptcy is almost never a good idea. While filing bankruptcy may not be what you want and need, you may want to resort to filing bankruptcy as a strategic legal tool in certain cases and in certain cases only.

You may use it in order to stall certain legal dilemmas. For example, if your real estate law attorney has jeopardized your case, and the judge tells you that you have 30 or 60 days to vacate your home, you may want to file bankruptcy in order to halt, temporarily and as a measure of last resort, the immediate and impending sale of your property.

The actual act of filing bankruptcy is a quick formality. Best of all, once filed, a property owner may choose to simply not follow through with the suit. At that point, the court will dismiss the bankruptcy case. Be aware that, at that point, the foreclosure lawsuit continues, and that means that you better have a plan B, or else. You might view the filing of bankruptcy as a temporary solution, in order to protect your due process rights. Be aware that you will eventually lose your home if you do not take additional action. Modifying a loan also does not guarantee that your mortgage payment will be lowered by an amount sufficient in order to put you in a position to keep up with any future mortgage payments.

Those who you believe are inclined to modify your existing mortgage are actually in the least interested in modifying your mortgage because the act of modifying will expose those involved in the securitization of your mortgage to legal liability. Those who have reaped huge profits by securitizing mortgages are concerned that they will be sued by the certificate holdersthe investors at Wall Streetwho have, in reliance on false promises, purchased bonds consisting of thousands of mortgages, including yours.

Those who pretend to want to modify your existing mortgage are not likely to modify your mortgage because an action of foreclosure and subsequent sale of your home is what they need in order to wash their hands clean and not a loan modification. Its simply an accounting issue: They need your mortgage obligation off their accounting books.

You need to know that kicking you out of your home is the only legal strategy available to them; else, they fear they might get sued by thousands and thousands of Wall Street investors. And they already have. Also know that modifying your mortgage can worsen your financial position. Many home owners I have talked to have told me that they have paid thousands of Dollars to those who have promised them a loan modification. Again, these folks are not interested in modifying your mortgage.

They are not your buddies, and they dont care about you. You might also say that this schemethe one in which your payment is lowered to. These firms play with you because they can. They know more than you do. They also play the call-us-and-we-will-see-if-you-qualify-for-a-loan-modification public relations ploy because it makes them look good. It creates an appearance that banks work with people, and they know that the media and even some judges buy into this marketing ploy. They also get to collect just a little bit more of that green stuff from you, while they can.