If the court file shows both that the plaintiff has standing to invoke the court’s subject matter jurisdiction and that process was served in order to obtain personal jurisdiction over the plaintiff, the judge may enter a judgment against the defendant, but the law still requires the judge to make sure that the plaintiff is entitled to judgment.

Furthermore, it is against the law to enter summary judgment if any material fact is in dispute.

Once again, a judge does not have the power to violate the law! When a judge violates the law, he enters a judgment which is voidable, does not confer good title, creates the need for more litigation, crowds the dockets, and exposes himself to civil and criminal liability for a violation of the defendant’s rights under color of law.

Of course, when foreclosure mill attorneys file complaints which do not show that their bank client has standing to invoke the court’s subject matter jurisdiction, file documents which do not truthfully show that service was properly made to obtain personal jurisdiction over the defendant, or file documents which do not truthfully show that the bank is entitled to judgment, then the mill attorneys and their clients have also engaged in a violation of the defendant’s rights under color of law and are also liable for civil and criminal penalties. Naturally, filing fraudulent documents is also a crime.

A judge does not have the power to rule in favor of the plaintiff simply because a lawsuit is uncontested.

The judge is required to review the complaint and its exhibits to see whether the plaintiff has shown that it has standing to sue for foreclosure and invoke the court’s jurisdiction, and the judge is required to review the file to see whether or not the defendant has been properly served so that the court has personal jurisdiction over the defendant allowing it to enter any orders or judgments against him.

If a judge fails to review the court file to make sure that he has jurisdiction to act, then he is not doing his job and he may be creating more problems for everyone including himself.

If the complaint and its exhibits do not show that the plaintiff has standing to bring a foreclosure action, then the plaintiff has not properly invoked the court’s jurisdiction and a judge only has the power to enter an order dismissing the action.

When a judge fails to dismiss any case in which the complaint does not properly invoke the court’s jurisdiction, all other orders and judgments entered in that case are void, and the judge is exposed to both civil and criminal liability for violating the defendant’s rights under color of law. Of course, a void judgment also does not confer good title, and it creates a situation in which more litigation will be necessary to quiet title or vacate the void judgment. How does that clear the dockets?

It should be clear that Judge Rapkin understands and follows the law while Judge Tobin ignores the law at his own peril.

Of course, Judge Tobin knows, or at least feels really confident, that the prosecutors will not go after him for his criminal actions. Judge Tobin is currently presiding over the Statewide Grand Jury which is charged with investigating public corruption, and he is well aware that a number of complaints about regulators, judges and prosecutors doing favors for the banks by refusing to enforce the law are being kept from the citizens on the grand jury by the Statewide Prosecutor, William Newton Shepherd and by Judge Tobin. It seems to me that they should be investigated and prosecuted or at least removed from their positions which allow them to obstruct justice.