Below is an excerpt from attorney Matt Weidner. He’s one of the good guys and he knows his stuff. I especially resonate with his comments and especially his question of “whether we are going to protect our long-developed rules of evidence and substantive law or we’re going to flush hundreds of years of rules on evidence and procedure down the toilet.”
We MUST fight this war in the courtrooms around this country – in the halls of justice – is where we must fight folks. You should be building your case from day one with the mindset that you may need to appeal. But build a record, rely heavily on sound procedural rules and also be well versed in attorney and judicial rules of conduct. Don’t be afraid to call the court to take judicial notice – orally and in writing. Treat the court as your friend until they do something that violates procedure or your rights. There are certain judges that are not afraid of showing their heavy bias against homeowners. That’s fine. Treat them like the thugs they are and document everything. Use court reporters (hire your own) and don’t be afraid of the judge. If they are willing to arrogantly defy the rule of law and abuse their power then they deserve to be thrown out on their duff and your case can be the one that exposes this. So document everything and file a complaint with the state bar association. You can also file a Motion for Disqualification just for good measure. Then appeal. Appellate cases are not easy, hire an attorney. Call us if you need help finding an attorney.
I’m convinced that we can prevail in this fight, at least one by one, case by case. The banks have the system gamed from a resource standpoint and the fact remains that the largest percentage of foreclosure continue and end uncontested. But for the one’s that can fight and decide to go for it, while it’s an uphill battle, I believe it is one that can be won. You can win, we can win the War on the Home Front!
For all of you readers out there, I hope you find this blog a great resource in your fight. I also blend political news in here and there from a few of my favorite sources. Enjoy!
(From Matt Weidner) “I’m sitting in a room with about a hundred of the best foreclosure attorneys from all across the country. Bright minds, brilliant thinkers, intense and committed people who are dedicated not just to passionately defending their individual cases, but to making right and fixing an entire legal, financial and political system that is grievously broken.
As foreclosure cases now move into trials, the real question develops whether we are going to protect our long-developed rules of evidence and substantive law or we’re going to flush hundreds of years of rules on evidence and procedure down the toilet. We’re either going to enforce consistent rules about who can testify and continue to require witnesses to have personal knowledge and confirm that documents and evidence and records are accurate and authentic or we’re all going to stand beside and allow false evidence and impermissible testimony from witnesses to be part of our court system….goodbye Due Process, goodbye the Rule of Law, hello Legal Anarchy! And because this is indeed happening all across the country, the question is:
How did we all sit back and actively participate in the destruction of our nation’s legal system?
Because if you sit in foreclosure courtrooms and watch these files move through the system, you are watching what was the world’s most respected legal system be destroyed.
The biggest lie that persists across this nation is the bankster attorneys waving around a blank endorsement on a promissory note and claiming this gives them the right to come into court and take our homes.
THIS IS A LIE. A VICIOUS, MONSTROUS LIE THAT LIES AT THE HEART OF THE DESTRUCTION OF FUNDAMENTAL PROPERTY RIGHTS AND THE DESTRUCTION OF OUR NATION’S LEGAL SYSTEM
Warriors need to fight every single foreclosure case and push back against this anarchy…..
Some details behind this from Max Gardner’s Bootcamp:
Article 3 of the Uniform Commercial Code carries forward and codifies venerable commercial law rules developed over several centuries during which negotiable instruments played a much different role in commerce than they do today. As stated by Grant Gilmore, Article 3 is not unlike a “museum of antiquities — a treasure house crammed full of ancient artifacts whose use and function have long since been forgotten.” Grant Gilmore, Formalism and the Law of Negotiable Instruments, 13 Creighton L. Rev. 441, 461 (1979). His following quotation is apt and often-repeated: “codification . . . preserve[d] the past like a fly in amber”.
In addition, Article 3 does not purport to govern completely the manner in which those ownership interests are transferred. For the rules governing those types of property rights, Article 9 provides the substantive law.17 UCC § 9-109(a)(3) (Article 9 “applies to . . . a sale of . . . promissory notes”). Article 9 includes rules, for example, governing the effect of the transfer of a note on any security given for that note such as a mortgage or a deed of trust. As a consequence, Article 9 must be consulted to answer many questions as to who owns or has other property interest in a promissory note. From this it follows that the determination of who holds these property interests will inform the inquiry as to who is a real party in interest in any action involving that promissory note.
Click Below to get the Full 12-Page Report.