DISCLAIMER: Nothing on this site is legal advice. Legal pleadings and commentary are exhibited by a Pro Per litigant /researcher.
See CASE UPDATES PAGE for recent docs and emails
"Home is where the Children sleep;
And grow their bones....
Home is where our Elders rest,
and in peace do sleep
unto their final home;
HOME IS SACRED"
Lawful Rights to Dwelling & Contract
Borrower is NOT in default! UNTIL AND UNLESS the true current PROVEN Holder in Due Course appears and declares it against me: ONLY the true owner of the debt and current holder of the note has the legal "standing" to de-clare "default" against a borrower. Why? Because "default" is a legally-defined legal status and NO borrower is in default until that status is officially declared by the party with STANDING to declare it so. I am in "payment-stoppage" due to being repeatedly denied loan modifica-tions even though I could afford to pay; and most recently I remain in "payment-stoppage" because the Holder in Due Course refuses to appear in court and prove its standing; its attorneys argue I should dismiss all but the "mortgage-servicer" debt-collector!? I refuse to make payments to third party debt collectors who can't prove who they're collecting for. If I pay the wrong party I'm out all that money - shame on me! Pursuant to Uniform Commercial Code (UCC) Article 3 for "promissory notes" and borrower rights thereof. In CA see Supreme Court CA opinion in YVANOVA v. New Century Mortgage. Fending off over 8 years of foreclosure attacks while NO Injured Party nor Owner of Debt nor Holder in Due Course ever appears to prove its standing, declare me in "default" legally, so I know exactly who I can negotiate settlement with! Until then No Injured Party appearing to testify = No Injury.
Court of Public Opinion fully invoked ~
Our four generations remain in house and home ~ Assistance & Support continues
CHRONOLOGY OF A CRISIS : Let it be known: this homeowner and borrower is NOT and never has been trying to "win a free house!" Instead she has been repeatedly denied four loan modification applications between 2009-2012 with BofA debt-collector mortgage-servicer. In 2013 BofA transferred debt-collecting "servicing" to Nationstar Mortgage. This servicer has NEVER proven it has the right to foreclose and she has only exercised her right to demand PROOF from the actual "injured party," so she won't end up paying the wrong party and lose credit on all those payments by not doing her own due diligence. Her "quiet title actions" have ALWAYS aimed at compelling the appearance of the injured party owner of the debt to prove its standing - so she can finally pay who she truly owes.. See "My Story" page for audio in December 2016; also 2017 and 2018.
By strategic retreat we dismissed case without prejudice so this injunction has fallen moot. See Case Updates page; scroll down past long header to page tabs below the Yvanova ruling quote.
Four egregious loan modification denials from BofA servicers 2009-2012 despite my proof of ability to pay.; two more years of continual writing, emails, phone calls, formal processes and no meaningful reply or no reply at all from 3rd-party mortgage-servicers. Suffering more than a dozen sale dates posting & postponing for the past 8 years; we are forced to learn the law and file complaints at Alameda County Sup. Court CA in 2014 and 2017. Due process denied or thwarted. Non-frivolous lawsuit to resolve dispute on title with proof of ability to pay and offer to settle must proceed to trial and discovery to compel appearance of debt-owner. Borrower has right to deal directly with the owner of her loan and debt by LAW: 3rd parties agents or attorneys = HEARSAY, INADMISSIBLE. Injured party compelled to APPEAR and prove standing. [Pending blog post on the "hearsay rule." Standby.]
All sides to the issue indebted to above speaker, ret. attorney Robert Janes, www.fightingtheforeclosuremachine.com. [link temporary redirect] His respect for judges and law is evident; speaks candidly about the sad misinformation presented by attorneys in court and corrects it. Mentior and advisor for me since 2013, I applaud him!
Plaintiff retained an attorney after filing 2014 suit who blatantly departed from our agreed legal theory, wrote last minute rogue First Amended Complaint (FAC), admitting "default" in total betrayal of our agreed legal position, evaded judge's question, instead increasing volume of his voice repeating the nonsense, got my last name totally wrong and more, until the judge halted the spectacle, dissolved the TRO she won earlier and denied injunction - imminent sale just weeks away: She wrote and filed a proposed second amended complaint as "exhibit-only" and immediately dismissed case without prejudice having lost hope to regain protection from that court against the foreclosure auction weeks away. Forced into 13 bankruptcy protection in Jan. 2015. [audio "My Story" page]
pg 19 for TRO /
NATURAL LAW in 7 Minutes
"Meet & Confer" never held, stress-induced illness ignored, statute unenforced
11/22/16: Adversarial Proceeding Complaint, Exhibits
BK judge: "I probably won't hear it... take it to State Court."
BK file clerk: "We won't scan exhibits to the docket." Never a hearing on timely filed objection to Nationstar's Proof of Claim, clerk mis-filed another order w/ signature issues;
AP never heard, Dismissed Without Prejudice. Action moved to State Court at judge's behest -Quiet Title Complaint
NEWEST 2018 Assignment finally names Wilmington
"The borrower owes money not to the world at large but to a particular person or institution,
and only the person
or institution entitled to payment may enforce the debt by foreclosing on the security.”
We hold fast to Principles of Universal Law and Natural Justice which are to do no harm to another being; we do not consent to parasitic harm disguised as a business-model of the foreclosure machine, a predatory economic
violence of many moving parts, supported by legislated injustice and built-in denial of our due process as well as constitutional and inalienable rights as a human being. This injury and harm must be stopped, and malum in se be deemed malum prohibitum! ( that which is inherently wrong and harmful be deemed
Opposing counsel had to verify and re-verify and scramble and ask and ask again to ascertain if the "N.A." and "Company" designations for defendant Wilmington were interchangeable names -- and that's not even dealing with its "trustee" or "successor trustee" role for the "Trust." sigh
"O heavy lightness! Serious vanity!
Mis-shapen chaos of well-seeming forms!
Feather of lead, bright smoke, cold fire, sick health!" ~ Romeo & Juliet, Act 1, Scene 1
NO, I DO NOT CONSENT TO YOUR IMMORAL WRONG IDEA.
NO, I DO NOT CONSENT TO YOUR FAILED LOGIC.
NO, I DO NOT CONSENT TO THEFT AND DECEPTION.
NO, I DO NOT SUBMIT TO THE HARM KNOWN AS "Non-Judicial Foreclosure," the unconstitutional idea which VOIDS itself.
Actor-Producer Andy Garfield
and revelations from this film
Schools have sadly stopped teaching - or worse teaching incorrectly - Civics and Logic as subjects; and apparently law schools must be teaching that the original intact Constitution no longer applies as supreme law of the land, nor the Bill of Rights and Declaration of Independence! So woe unto individuals and people of this republic! And what of one's "Oath of Office" sworn to by elected and appointed officials to protect and follow our Constitution? The answer is found in the document itself: each individual is to uphold our Constitutional mandates, and those who have sworn an oath to do so to uphold with greatest solemnity. WE THE PEOPLE are entrusted to "keep" the Republic
a" Nation of Laws, " by definition. Whose laws? Universal Natural Law, unchanged universally. We the People are duty-bound to KEEP and protect PRINCIPLES so bravely fought for by men, women and even youth in this great American experiment. Was it perfectly born? NO! There was and is a host of genocide, slavery, false supremacy and injustice these past 250 years by unjust people, but we are the ones to evolve this! Seek the true history hidden in plain sight. A travesty is happening on OUR watch. The wisest of us admit that we do not know all we need to know, and seek no matter where that search leads, for "Ye shall know the truth, and the truth shall set you free." And " He who forgets history is destined to repeat it."
"It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned, and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank.
Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument. "
The state of California and about another 26 states of the United States of America are "non-judicial foreclosure" states, and the remaining states are ever-abandoning the constitution even if suit must be brought against homeowner and completed before dispossession can occur. But in non-judicial states home-dwellers can be legally but not necessarily lawfully evicted from their homes and shelter WITHOUT DUE PROCESS and scrutiny or compliance with governing law, even if the "borrower" and home-dweller files a lawsuit and the dispute has not yet gone to trial or discovery -- NO PROVEN PARTY may have even bothered to appear ... Meanwhile, that same court may allow the "non-judicial" dispossession of home to occur -- HOWEVER, PENDING LITIGATION ON OUR HOME REFUTES THIS UNCONSTITUTIONAL AND UNNATURAL WRONG! We claim the corrective and important "California Homeowner Bills of Rights" as starting point of some promise.
Non-judicial foreclosure involves a "Trust Deed Act" of some kind passed by the state legislature, with a patented pre-printed "Deed-of-Trust" offered by the lending parties, in which only the homeowner "borrower" signs it. Similarly the Promissory Note is also a sole-signature instrument. About 20 state legislatures have not agreed to alter centuries of real property lending and transfer laws, shunning the controversial "title theory" at work in "Trust Deed Acts." Non-disclosure resulting in non-meeting of the minds is the key component to the controversy; in that for borrowers who were presented a Deed-of-Trust in order to obtain a home loan, we discover only later to our shock and woe that these were NOT "grandma's and grandpa's home loan contracts" of fifty years ago at all! No, we have had our signatures stolen absent our consent, unwittingly deeded over legal and equitable title to our very homes to an unknown "trustee," and then subject to denial of our due process rights before dispossession of property, our very dwellings. YES, laws have been violated in this process! And any statute or law or order or rule or procedure or policy or practice or ruling or opinion or judgement or decree which is "repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument."
-- Marbury v. Madison, Supreme Court, unanimous, February 24, 1803
Possessing, proceeding from, or exhibiting good judgment and
Click for blog post: "Who is the BOSS of the Note? 07/09/17
noun: nemo dat quod non habet
the basic principle that a person who does not own property, especially a thief, cannot confer it on another except with the true owner's authority.
MAXIMS OF LAW
"The habitation of each one is an inviolable asylum for him."
"What otherwise is good and just, if it be sought by force and fraud, becomes bad and unjust."
"Possession is a good title, where no better title appears."
"When a man has the possession as well as the right of property, he is said to have jus duplicatum - a double right, forming a complete title."
"Persona standi in judicio is a right which a person has generally, to sue or defend action... A person is not entitled to sue or defend until the removal of any disability which law imposed on him."
WHAT THEN IS THE "LAW?"
[See Claude Frederic Bastiat's ''The Law' ~ Resources page - scroll to bottom]
"Hear Hear O Good Judge: your colleague and friend bends your ear! Bob Janes, attorney retired, in plain speak, to help cure your consternation and doubt."
"Your strength is found at the end of my rope. Your grace, it reaches to the hurting..."
Our Lawful Premise
Borrowers are Real Parties in contract-dispute and not "tenants" in a residential lease; we have proven failure to lawfully contract, and exhibit evidence of a preponderance of fatal defects and no standing of any current injured party. We invoke the Law of Voids and our Due Process rights. Therefore if the dispute proceeds to litigation, then the ill-begotten non-judicial protocol of legalized plunder devoid of proof to the contrary, must immediately cease in favor of THE ACTIVE JUDICIAL PROCESS SUBJECT TO UNIVERSAL LAW and due process before dispossession of property which is our home and inviolable refuge; keeping with mandates of our foundational Republic!
Therefore once a borrower files complaint in a court of law the case MUST go to trial and discovery to try the facts and weigh the evidence. How else could standing of the parties be determined? No standing = no claim = retention of home and proceed to LAWFUL negotiations to end the attacks.
Anything less is unjust, incorrect, unauthorized, wrongful, gravely damaging, and treasonous to conscience and society. Justice is to be measured by Principles and Reason ~ or injustice is our conjoined resulting fates, borne of chaos and contrived confusion.
Sacred Principle was and is ordained and established in perpetuity, codified in language clear,
invoked by our forbears for themselves and for their posterity.
This "sea to shining sea" was home to First Nations' People for millennia: loved by them, honored as Mother Earth, stewarded, beautiful and pristine. Consider however: these pilgrims and pioneers had fled unlivable conditions, and arrived with nothing but hope. Thanksgiving was a winter they wouldn't starve because their hosts showed kindness and gave food! Imagine: no doubt these immigrants also fell in love with this land's beauty and abundant PROMISE of a future free from European serfdom and empire. Men and women, immigrants from England and other countries fought and died for their children and grand-children's hopes and dreams... to guard fiercely against evil and empire ever seeding itself in this newborn nation that had invoked God's Law and universal natural law. In that day it meant taking up arms. And was it free from its own biases and injustice? Clearly NO! But I herald the revolutionary patriots of the day! Because I am American and our legacy is righteous-ness and freedom amidst so many lies. There is a Spirit here that cries, "NO, I do not consent to be anyone's slave." Show me a nation whose founding creeds and codes come even close; but today let Logic and Reason lay arms down, can we? I can stand on the FOUNDING laws of THIS republic and on the shoulders of those who risked everything to keep empire out for the posterity: both by blood and Spirit, We are the posterity; but can we keep this republic? Have we been usurped? End the hypocrisy and SEE a common enemy can we? We look back 250 years of love of Liberty, Conscience, Reason, and Natural Law, and the cry "Give me Liberty or Give Me Death!" We today are tasked to Evolve Humanity not allow its destruction through our own enslavement. There is a grave breach afoot -- what would the sons and daughters of Liberty do? They say "No." And We the People have Help.