Pro Se Primer 101 – 3 – Constitutional Irreducible Minimum Requirements of Standing in Foreclosure

STANDING AS DEFINED BY THE UNITED STATES SUPREME COURT

“Why put all of the blame on the attorneys? Hell, most of them don’t know the law.”

If you were to walk into a 2nd grade elementary school class room and see that all of the boys are standing on their desks shaking their butts, laughing and shouting, and throwing things at the girls in the class, who respond by screaming and running, and then you notice that the 2nd grade teacher is setting at his desk doing nothing to stop the chaos, would you really blame, the children?

No, it is the teacher who is charge of the room. If the teacher does not enforce the rules of classroom behavior, then the children will act like wild monkeys. How would they know not to?

It is no different than the judge in the court case who is charged with controlling and enforcing correctness in information and procedure in a court case.

If the judge does not enforce the constitution, which is all that keeps this country great;

If the judge does not make the attorneys prove their claims and/ or does not keep them from claiming transfers of ownership of essential Promissory Notes with assignments of incidental security instruments (mortgage or deed of trust) which do nothing but describe the collateral, then, of course the attorneys are going to forge and fake and lie, worse than wild monkeys;

Then lack of subject matter jurisdiction is the fault of the judge of the court. He or she places the burden of proof of standing on the borrower (very nearly every time), yet it very clearly is the burden of the court.

The judge promised when he took the job that he, or she, would enforce and protect the laws that come from the constitution and that they defend the court ferociously from losing the public trust. Maybe that was too much to ask from a pompous ass.

Why did we all expect more of judges and attorneys anyway?

If I am any part of the public, then I can tell you for sure, the courts have lost some of the public trust.

It is difficult to pull Borrowers back from their searches for Promissory Notes, Assignments of Mortgage, MERS, PSA etc., etc., thinking like Dick Tracy and looking for a way to “prove” that the party trying to foreclose on them does not have the authority, or, STANDING, to do so.

But, if what I say is true and the judges are letting the attorneys run amuck like the 2nd graders in my description, who can blame the attorneys for running amuck. “Amuck” is quickly becoming synonymous with the “actions of the courts”.

If you had seen judges simply ignore proof when it is presented as much as I have, then what I am really trying to say is that this whole thing is only about Standing and in constitutional law only the court (the court is the judge and the judge is the court.) has the initial burden of determining if the foreclosing party is a Plaintiff with Standing.

It is only the Supreme Court that has original jurisdiction over all issues of Constitutional rights. No state judge or local judge should claim that they have superior jurisdiction to the Supreme Court and it’s decisions.

The way it has been practiced for the last 15 to 20 years has been exactly the opposite.

The judges have been sitting up there on their hands on the bench and waiting for the Borrowers to describe what the foreclosing party was up to and forcing the Borrower prove it. These cases nearly always begin with the judge placing the burden on the Borrower to prove what the Foreclosing Party has tried very hard to hide. That is a ridiculous premise. John Adams, Thomas Jefferson and the rest thought so too.

If an act of fraud is working here, then by definition the act was meant to be kept hidden.

How would the Borrower prove or disprove something he was not privy to. It is the foreclosing party who must claim that he has been wronged by the borrower and it is this same foreclosing party that must prove it (not claim it) with evidence which is “concrete and particularized”.

So, the way it works in reality law is that the judge cannot even preside over a case until he reads what the Plaintiff (in judicial states and defendant in non-judicial states) has written in their lawsuit to make the claim that the court should hand them the deed to your home and that they should get to sell it and keep the money. How this has been allowed to happen illegally ten million times is a shameful disgrace for the majority of our judiciary. It is truly unbelievable. Not untrue, just unbelievable. (There have been many beautiful and sane rulings also, but it is nowhere near “fair” yet.)

It would be very difficult for me to show you how Challenging Standing s is supposed to be working, because no one is doing what I am doing, so it is still, in essence, only in my head. There are hundreds of citations concerning case rulings on the subject, but they are mostly contract law cases from other industries. Home Loans funded with a Promissory Note are all contract law, but no one is doing it enforcing them is the correct way as required by United States Constitution, the basis of all American law.

That doesn’t change how it works with your home loan, because contract law is what governs home loans.

So, since it is the judges burden to know that he or she has subject matter jurisdiction, which he needs to even begin the case, he must see the proof of standing the Foreclosing Party wrote in his lawsuit.

Borrowers, before anything else, you must first understand the proof that is required to establish Standing. If prooff has not been presented and the judge rules without Standing and therefore without subject matter jurisdiction, then he has broken the law and this is the only situation where a judge does not have “absolute immunity”.

If he rules against you, right or wrong, without having “subject matter” jurisdiction he has done so as a “civilian” and if has barred you from any of your constitutional civil rights, he is liable to you for any money or property harm that you have suffered. You don’t really sue the judge as a judge, you sue the man or woman who acted as a judge without the requirements needed to create a legitimate court with subject matter jurisdiction.

There was no legitimate court for any foreclosure case that I have ever seen. I have seen as many as anybody.

So, first things first. Review, slowly and carefully what the US Supreme Court has determined is the constitutional minimum requirements for Standing. The words they use is the strategic offense you will use to keep your house safe from anyone that you do not owe the money to.

Let me know if you can see how those words fit your situation. If not, we will go over them again before moving on, as to how and when we would apply them.

Below is an actual paragraph from my own motion to vacate a void judgment of foreclosure.

Plaintiffs have filed to Invoke their Rights to Challenge the Standing of the Defendants at any Time Under Article III of the United States Constitution earlier into this court case, yet this court failed to even mention or give any recognition that the court had even read the Borrower/Plaintiffs’ invocation of this fundamental constitutional civil right, which was foremost the responsibility of this court.

Plaintiffs state as follows and the court ignores at its own peril:

1.) That Article III of the Constitution of the United States and the Supreme Court have established a constitutional irreducible minimum set of requirements for a party in a genuine dispute to establish Standing. Without Standing of the Foreclosing Party, all courts in the land must acknowledge that the court has no jurisdiction to hear any merits of a case and must dismiss the subject action, in this case the void and fraudulent foreclosure of Plaintiffs’ property.

1a.) That only the United States Supreme Court has original jurisdiction over constitutional question issues.

(The decisions of the United States Supreme Court, whether right or wrong, are supreme: they are binding on all courts of this land, Hoover v. Holston Valley Community Hospital, 545 F. Supp. 8, 13 (E. D. Tenn. 1981) (quoting Jordan V. Gilligan, 500 2 F.3d 701, 707(6th Cir. 1974).

(The lower courts are bound by Supreme Court precedent, Adams v. Department of Juvenile Justice of New York City, 143 F.3d, 61, 65(2nd Cir. 1998)

(Walker v. Quality Loan Service Corp. of Washington et al., No. 65975-8-1)

(Washington State Supreme Court, Bain v. Metro. Mortg. Group, Inc., et al.175 Wn.2d 83, 285 P.3d 34 (2012))

2.) That the requirements in a case of Non-Judicial Foreclosure actions are:

1. The foreclosing party must claim and prove with concrete and particularized evidence that it has sustained and Injury in Fact.

2. This Injury must be fairly traceable to the foreclosed party with concrete and substantive evidence.

3. The court must be able to redress the injury with a ruling in favor of the injured party.

3.) That if it is the alleged foreclosed party that is the claimant party then it must also 1. claim and prove an injury in fact. 2. Its’ injury must be fairly traceable to the foreclosing party. 3. Its’ injury must be able to be redressed by the court.

4.) That the United States Supreme Court defines the requirements of Standing as:

3.1.B. The Constitutional and Prudential Requirements of Standing

Inherent in the constitutional limitation of judicial power on cases and controversies is the requirement of “concrete adverseness” between the parties to a lawsuit. The rise of public interest law litigation involving claims of non-economic loss has forced the Supreme Court to craft an analytical framework for determining whether the requisite adversity is present. The Court requires that plaintiffs establish that the challenged conduct caused or threatens to cause them an injury in fact to judicially cognizable interests. By establishing that they personally suffered injury, plaintiffs demonstrate that they are sufficiently associated with the controversy to be permitted to litigate it. The question of injury raises two questions –

(1) what kinds of injuries count for purposes of standing and

(2) how certain the injury must be if it has not yet occurred.

3.1.B.1. Injury in Fact

The Supreme Court has held that, to satisfy the injury in fact requirement, a party seeking to invoke the jurisdiction of a federal court must show three things:

(1) “an invasion of a legally protected interest,”

(2) that is “concrete and particularized,” and f

(3) “actual or imminent, not conjectural or hypothetical. The following section discusses several types of injuries considered by the Supreme Court in determining whether there is a legally protected interest.

3.1.B.1.a. Economic Interests

The Supreme Court has had no difficultly determining that economic interests are legally protected interests. More difficult is determining when economic injury that has yet to occur is sufficiently imminent and likely to confer standing. The Court has been relatively forgiving in this regard. Economic injury need not have already occurred but can result from policies that, for example, are likely to deprive the plaintiff of a competitive advantage or a bargaining chip. In Clinton v. New York, for instance, the Court held that New York had standing to challenge the veto of legislation permitting the state to keep disputed Medicaid funds. The veto left the state’s ability to retain the funds uncertain, subject to the outcome of a request for a waiver. Despite this uncertainty, the Court regarded the “revival of a substantial contingent liability” sufficient to confer standing.

3.1.B.5. Injury Fairly Traceable to the Challenged Conduct

In addition to alleging injury in fact, the plaintiff must demonstrate that the injury is fairly traceable to the defendant’s unlawful conduct. In cases in which the government acts against the plaintiff, causation is simple.

3.1.B.6. Relief Sought to Redress Injury

A corollary to the Supreme Court’s requirement for standing, that the injury alleged be fairly traceable to the challenged conduct is the separate requirement that the relief sought must redress the injury. In the great majority of cases the inquiry into causation and redressability are indistinguishable.

Thus, in Warth, the Court held that there was no reason to suppose that the elimination of exclusionary zoning would enable the plaintiffs to obtain housing in Penfield. In Eastern Kentucky Welfare Rights Organization, the Court held that there was no reason to think that revoking the IRS Revenue Ruling at issue would assure that the next ill or injured poor person would be admitted to a hospital.

Furthermore, in Allen, the Court held it was entirely speculative that revoking tax-exempt status for allegedly discriminatory private schools would serve to foster public school integration. What is peculiar about the Court’s concern for redressability is the elevation of the question of remedial efficacy to constitutional status.

While the scope of equitable relief to redress unlawful governmental action has long been a matter of controversy, not until City of Los Angeles v. Lyons did the Court clearly articulate the requirement of remedial efficacy as a constitutional component of standing. The plaintiff in Lyons sought damages and injunctive relief after being choked by city police officers. He alleged that the city permitted the police department to use unnecessary choke holds indiscriminately. The Court conceded that Lyons had standing to sue for damages. However, the Court held that he lacked standing to seek injunctive relief, as an injunction would not redress his injury because it was unlikely that he would be arrested and choked again.

You really aren’t trying to outsmart attorneys or that joke of an entity the foreclosing party. What you really want to do is to place the judge in as much of a pickle as you are in (jeopardy).

How To Perform An Exterior BPO

Tips & Tricks For Photographing an Exterior BPO

1. Order of operations

Generally, you should complete the report portion of the exterior Broker Price Opinion after taking photographs of the home. Implementation of this method will result in a more accurate as-is value if you personally observe the home and neighborhood prior to performing the report. In addition, the inspection will also be fresh in your memory.

2. Avoid confrontation

The bank may have ordered a BPO on an occupied property but the people are most likely unaware that you will be taking pictures of their house. Any typical homeowner or renter would get suspicious if they notice you taking pictures. To minimize confrontation, you should be discreet and stay in the vehicle unless approached. If this doesn’t remain an option, the best thing for you to do is simply explain who you are and what you are doing to ease any concern. If you ever feel you are in a threatening situation, leave the property immediately.

3. Carry business cards

It is impossible to perform every exterior BPO without confrontation from curious onlookers. It’s simply going to happen. The business card works like a get out of jail free card. If you hand it to them while you explain you’re performing an exterior BPO for the bank that’s usually the beginning and end of the conversation. Most homeowners don’t have a clue what an exterior BPO is anyway.

4. Purchase a quality camera

A camera or smartphone which features at least 30x zoom (3x optical and 10x digital) should be optimal. This will enable you to zoom in on a home address. Any houses that are set on a deep lot will be easier to photograph as well. If the photo is too small or unclear, the valuation company will request a new photo be taken at your time and expense. Save yourself the hassle.

5. Do not take pictures of people

Valuation firms consider this unprofessional and will request new photos or Photoshop editing. People in the picture could present racial/religious/gender bias when determining home values, which is illegal.

6. Take note of visible damages

Boarded windows, outdated roofing, and peeling paint are a few examples. An exterior BPO can normally pass quality controls without needing to identify repairs. However, the lender will want to see the report reflect what is visible in the pictures. Repairs will ultimately affect the as-is value of the exterior BPO so they should be added when necessary.

7. Selecting comparables

To perform an exterior BPO report you must search for six comparable homes (comps) in the immediate area of the subject. Three comps must be sale comps; the other three must be listing comps. The selection of comps is determined using a variety of similarities to the subject property. These similarities may include size, age, and location to name a few. Price is the one statistic not taken into consideration when choosing comps. Predetermining a value is not wise since it would create a biased report.

Following these easy steps will help you go from a Broker Price Opinion amateur to expert in no time.

Foreclosed Home For Sale – Grab The Home You Want At The Lowest Price Now!

Want to find a cheap foreclosed home for sale?

Have you ever wanted to find a foreclosed home for sale around your price range or even lower? Of course you have! Why wouldn’t you want to buy a foreclosed home for sale? Especially when you know there are many extra costs to consider when purchasing a home. We don’t just have the deposit to think of, we also have the dreadful mortgage repayments, water rates, land agents along with council rates or land taxes, depending on which state you are from. You don’t have all those costs when you purchase a foreclosed home for sale.

Keep your money when buying a foreclosed home for sale, after all you deserve it!

Very soon you will learn how to save thousands of dollars when you see the next home of your dreams. What if I said that I knew of a way for you to be able to purchase a foreclosed home for sale directly from the government, if this were true this would mean less fees if any, and having the convenience to buy your next or even first foreclosed home for sale at a rock bottom price?

How does this work? (Foreclosed home for sale)

Its simple; to put this in a nut shell the way this works is you gain from someone’s misfortune when you purchase a foreclosed home for sale, sounds harsh I know. The reason for this is due to a person or persons purchasing a home pay, their deposit and borrow the rest of the money from the bank or lending service. They then find themselves over taken with debt and cannot find the money to repay the bank or lending service. In result after many negotiations the banks or lending services have no other alternative but to repossess what is rightfully theirs. After they have successfully managed this, the banks or lending services then put the house on auction; this is what we call a foreclosed home for sale.

Wouldn’t a home be cheaper to buy privately than governmental?

You would think that, after all when we think of Government we think money taxes etc. In this case it is actually the opposite where in fact it is cheaper to purchase a foreclosed home for sale through the government rather than private or otherwise.

Why do banks have to rush to sell? In result they have a foreclosed home for sale!

Government and banks need to sell up the repossessed homes fast, they do this because if they didn’t it would cost them allot of time and money maintaining the homes that they have seized. The Government and Banks just want to recoup the money as quickly as possible. So they offer a foreclosed home for sale at a very low auction price for you and me every day.

Finding the perfect foreclosed home for sale for you has never been easier.

I hope now if you are searching for the right foreclosed home for sale, you will no longer think you have to go through a complicated process anymore.

It used to be that finding the home of your dreams was a very complicated process. Between never-ending visits to available homes, looking at photos of homes up for sale and searching through papers etc this process takes weeks/months of hunting around for the ideal home, you had to invest an unbelievable amount of time and energy into finding a suitable home. Those tiring days of searching for your dream home are over!

Now finding the ideal home is as easy as looking through a database and finding the most suitable foreclosed home for sale for you and going for it. With taking this easy option to buy a foreclosed home for sale you don’t just end up saving thousands of dollars on the price of the foreclosed home for sale. You also cut out the middle man and keep that money for yourself.

So what type of foreclosed home for sale are you after?

What type of foreclosed home for sale do you want to own? This database is bound to have the right foreclosed home for sale for you. Whether it is you are after a foreclosed home for sale that is of a rural home they have it .Or maybe you are looking for a custom built foreclosed home for sale. With so many homes available, you can find exactly the type of foreclosed home for sale and purchase your home from 90% off what you would regularly pay for a home of this value. Don’t think for a minute if you are thinking of looking into buying a foreclosed home for sale that you will only get a plain home, this database even offers luxury homes and vacation homes, condominiums. So you can purchase a foreclosed home for sale right now at a low price.

What if I’m not looking for a Foreclosed home for sale?

This database doesn’t just offer you a foreclosed home for sale. It also offers many different items. Items of which are jewellery, land, and even cars.

So what are you waiting for?

Tap into the database of your dreams now!

Whether you are looking for a foreclosed home for sale, or are just looking for cheap jewellery or even a car.

It’s all here!

Becoming a Foreclosure Consultant

A foreclosure consultant is a professional that offers to help you resolve you foreclosure problems. They can do this in several ways, which include:

• Postponing or stopping the foreclosure sale

• Getting the homeowner a forbearance, which is when the foreclosure consultant gets the homeowners mortgage payments postponed for a short period of time or getting the payments lowered

• Getting the homeowner an extension of time to reinstate their mortgage, which involves giving them time to pay off past due amounts and bring their mortgage current.

• Getting a waiver of an acceleration clause in their mortgage. This clause is what gives the bank the right to demand in full the immediate payment right after the homeowner defaults on the mortgage

• Helps the homeowner get an advance of funds or a loan to help pay on the mortgage

• Helps the homeowner avoid seriously hurting their credit rating,

To become a foreclosure consultant you have to become an attorney or apply for a government license. The professional requirements vary but generally the government will require that they register with the attorney general or a department of justice after they have fulfilled the training requirements. There are two types possible license. If you want to become a foreclosure specialist for an established agency you would have to have an associate’s license, also known as an agent’s license. If you want to be self-employed and have your own foreclosure consultancy business you would need an independent license.

The application process to get your license to become a foreclosure consultant involves:

• Undergoing pre-licensed training, which is about fifteen to twenty-five hours of in-person or online instruction that is specified by the local attorneys general.

• Paying licensing fees

• Becoming bonded

• Submitting a completed application that includes your background information, business details if starting your own foreclosure consultancy business, and any other qualifications like experience in mortgage lending or real estate.

In some cases you may also have to take a licensing exam. Once you receive your license you will need to register with the local government before you can begin practicing as a financial consultant. Generally the licenses expire after twelve months so you will have to complete continuing education and pay a fee to have them renewed. You will also have to submit a financial statement prepared by a certified accountant to the government. The foreclosure consultant will also need to set up a trust account to hold any money that is being transferred between the lenders and homeowners. If you have an independent license you will have to review the actions of any employees or associates each quarter. Those with an independent license must also obtain a bond for their services.