This is the first real chance in 100 years for the United States Supreme Court to do something about nonjudicial foreclosures.
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Hawaiian Attorney Non-Judicial Foreclosure – Due Process Violation Question to the US Supreme Court
This is the first real chance in 100 years for the United States Supreme Court to do something about nonjudicial foreclosures.
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There is another school of thought that has not been considered here. Since the court has affirmed that there are no due process rights and indefeasable title is granted after the conclusion of the forceclosure and filing of a new deed one closed door may kick wide open another. As it states no fraud, contractual violations or seemingly anything otherwise would be grounds for a challenge. That paves way to seek alternate remedies. It seems as if a title company could perpetrate a complete and 100% fraudulent foreclosure and change of title and there is no basis at all for any legal challenge. If you can get over the emotional attachment to the property and begin to align yourself with seeking compensation then there is a chance for some justice. As it states the title will always be indefeasable so you could never win that back. All that being said it seems like a perfect situation to make a $1,500,000 claim on your owners title insurance. Of course the first thing they would say would be that your remedy is to challenge the transfer as it was fraudulent and if you win then you were right and get the property back and if you lose then it was not fraudulent and you have no claim. BUT since the court has 100% barred any of those actions there is no alternate remedy and you would then engage your claim based on it’s merits against the title insurer. They wouldn’t be able to wash their hands of it and would be forced to engage it. After all isn’t fraud etc exactly what title insurance is for. If you care about the due process rights that are being denied or if you care about compensation either way that is a positive route. As others have commented it is nearly impossible for the little guy to change anything anymore. This is where judicial and political aikido comes into play. Fine, big companies with big lawyers want to stomp out my rights with their massive resources, go ahead. I won’t be so foolish as to fight them. The key is to redirect. They have all but bulletproofed your title insurance claim. Title insurance companies are not the kind that sit on the side lines when someone kicks around on their turf. You want change, then engage another large company with powerful interests in your cause by making it theirs. You don’t send David to fight Goliath. Go get Goliath to fight Goliath. If title insurers ended up on the hook for things like this you would not believe the fury with which they would descend. You would get your change but it wouldn’t come from the constitution or SCOTUS. Ironically if the title insurance company tried to shirk the claim it would likely be on the grounds that it was a state action. Lets see the court dance with that one. In the end only one can prevail and no matter what whoever loses is going to get loud. I bet title insurers can get louder than foreclosure fraudsters… Not legal advice, just a comment.
This is interesting. I had tried to get our UD proceeding removed to Federal court on the assertion that non-judicial foreclosures are unconstitutional in that homeowners are deprived of due process. I quoted the relevant sections of the US Constitution and included relevant cases. Plaintiff’s counsel filed a lame-o objection which focused on diversity of citizenship and $ amount in question — which is NOT the grounds I filed our removal under. So what happened? Well, after about 30 days from the date I filed the removal, lo and behold the DAY BEFORE our UD hearing, it was remanded. Furthermore, Plaintiff’s counsel shows up at the UD hearing, Remand in Hand. The UD Commissioner had it, but we were not even furnished a copy at the UD hearing. Instead I was “allowed” to sit down and read it from the Clerk’s copy, write copious notes, and had to fork the file over to the Clerk. When I was finally furnished, by mail (of course Plaintiff’s counsel did not even have the decency to bring a courtesy copy to the UD hearing), the so-called “minutes” from the federal court judge was essentially a “meeting” where nobody was there but the judge having a meeting with himself. I find it odd that, the day before the UD hearing, the Remand magically appeared. I wouldn’t be a bit surprised if Plaintiff’s counsel pulled a “favor” to make sure that Remand was issued the day before the UD hearing, which also happened to coincide with the 30-day period in which the USDC is required to decide one way or another. Oh, and Plaintiff’s counsel blew the deadline for responding to our Removal, but of course the USDC didn’t seem to have any problem with that.
What a travesty! Due process? Not in this country and certainly not in California. As for the courts, it’s an “old boy’s” club, a Barrister’s Guild. If you don’t have a lawyer, they try to chew you up and have you for dinner, replete with snide remarks and lame pleadings that weren’t even as compelling as ours. What a joke. This damn country is going hell in a handbasket, and the US Constitution has become nothing more than a ratty old relic that nobody bothers to read anymore. Now it’s treated more as an artifact rather than the backbone of our US government.
I try to be as optimistic as the next guy/gal, but really. The US has turned into a gargantuan “Theatre of the Absurd.”
Did anyone notice what was missing in this brief?
Let me give you a hint. Once title is transferred in state records, what happens if the homeowners refuse to move? Who makes them move? The government agents who enforce court orders evict the homeowners from the property, and therefore, the transfer of property can only be completed by state action except when both parties freely consent to the transfer.
Except for this, it was a decent brief. Too bad that it was one paragraph too short. Of course, I expect SCOTUS to refuse to hear this case. They usually do, especially when it is brought by someone who is standing up for the rights of the little people.
Good point, except that the courts do not see it that way, They reason that nonjudicial foreclosures are contractually consensual and that once a foreclosure occurs, all that the armies of law enforcement personnel are doing is removing trespassers. That is why it was not included in the Petition as “state action”. We needed newer arguments.
Still, I would have raised this issue even if courts had ignored it before. After all, it is an argument which is easy for the public to understand, and therefore, hard for the Court to ignore and retain any semblance of legitimacy.
Also, the counter argument that you can contract away your right to have disputes determined in a legal proceeding is ridiculous. Of course, I’m sure that the banksters have made it, and I wouldn’t be surprised if some judges have bought into it. However, there is plenty of case law which counteracts this argument. Furthermore, if someone could just contract away their right to have a contractual dispute determined in court, all contracts could include such a clause, and no one would ever have to go to court again, something the judges and the legal profession really don’t want.
They are not going to address this issue so fast
they are going to make people bleed out and THEN
when we are exhausted that is when the real problem will start
I read a quotation once… “A Democracy is NOT two foxes and a chicken deciding what’s for dinner…”
One way or the other, all Americans will soon see the real truth. It’s only a matter of time….
The whole cabal made trillions upon trillions of dollars via all of us VIA OUR PAID COLLATERAL(OUR PROPERTY), 401k’s and other investments that WE MADE to SECURE OUR FUTURE. After they made TRILLIONS they then proceeded to INTENTIONALLY COLLAPSE THE ECONOMY AS PART OF THE BIGGEST PONZI SCHEME IN HISTORY and STEAL ALL OF OUR WEALTH. They charged ALL OF US a NOMINAL FEE for OUR PROPERTY so that they could CREATE TRILLIONS OF DOLLARS IN WEALTH FOR THEMSELVES AND STEAL WHATEVER ELSE WAS NOT NAILED DOWN FROM ALL OF US (401K’s, Etc.) UP ON WALL STREET VIA MASSIVE PERNICIOUS FRAUD. A GIGANTIC CRIMINAL ENTERPRISE. Now OUR GOVERNMENT WANTS TO STEAL OUR HOMES or IMPOSE A FALSELY CREATED LOAN MOD FOR DEBT THAT DOES NOT EXIST or STEAL OUR HOMES and make it so we will always be in debt or EVEN WORSE via A DEED IN LIEU. Come on America, we all need to be screaming at Washington. THEY — USED EVERY ONE OF US IN THIS PONZI SCHEME. NO ONE IS SAFE FROM A GOVERNMENT WHO STEALS FROM IT’S OWN PEOPLE. THE GOVERNMENT OF THE UNITED STATES OF AMERICA IS A GIANT KLEPTOCRACY.
A Rogue Government who thinks that they can do whatever they want is NOT A DEMOCRACY. It is a FASCIST DICTATORSHIP. WE SHOULD NOT VOTE FOR ANY OF THEM. EVERYTHING IS RIGGED IN THEIR FAVOR. THEY ARE TRYING TO STEAL OUR COUNTRY RIGHT OUT FROM UNDER ALL OF US BY MEANS OF CHAOS, CONFUSION, LIES AND DECEPTION. They FOURTH REICH are trying to make OUR COUNTRY the WEIMAR REPUBLIC so they can completely OWN AND CONTROL ALL OF US. The States MUST SECEDEfrom the DICTATORSHIP or the people must SECEDE from the STATES.
Well now, we will see if the members of the Supreme Court are part of the shyster system of lawyers and the head of the robonaut rocket docket. Maybe the head of the snake is here at the Supreme Court? Or just maybe the Supreme Court will conduct itself like Orion and draw out its sword and put its foot down on the head of the serpent. Just maybe the SC will threaten the snake if it moves again to strike at innocent people, off will come its head. I think I am dreaming about right now. Frankly I do not see the SC doing anything to strip away the many layers of fraud of the banks that has been revealed. I mean after all, why would members of the SC rule in the favor of Bonds when they eat, drink, and are merry with the CEOs of these large banks? There will be a lot of discussions by the members of the SC and these bank reps. If the SC surprises us, maybe America can be saved and private property rights and the rule of law reinstated. On state levels the shysters are still in control. And the state Bars are nothing but foxes in the chicken house. O God In Whom We Trust, please come to our rescue!