Comments on: Minnesota | U.S. District Judge Patrick J. Schiltz Sanctions Homeowner’s Attorney $50,000 for “frivolous show-me-the-note actions”

By: BB

BB — Sat, 07 Apr 2012 16:20:34 +0000

Amplified Bible
Isaiah 10
WOE TO those [judges] who issue unrighteous decrees, and to the magistrates who keep causing unjust and oppressive decisions to be recorded,

To turn aside the needy from justice and to make plunder of the rightful claims of the poor of My people, that widows may be their spoil, and that they may make the fatherless their prey!

And what will you do in the day of visitation [of God’s wrath], and in the desolation which shall come from afar? To whom will you flee for help? And where will you deposit [for safekeeping] your wealth and with whom leave your glory?

4Without Me they shall bow down among the prisoners, and they shall fall [overwhelmed] under the heaps of the slain [on the battlefield]. For all this, [God’s] anger is not turned away, but His hand is still stretched out [in judgment].

PRAY FOR ME DEUTSCHE bank is evicting me and they don’t even say they are the owner… the loan reverted back to SPS and now SPS says they own it and won’t give loan modifications… they say I don’t even have a loan that they own it… I put in a motion to dismiss because the violated NO TRESPASS by their own admission, delivered it on april 4 2012 and said I had until March 12 2012 (my birthday) to respond. and I responded before the judge even had a chance to ok that they could mail it… WHAT A CROCK… now I will ask for a declaratory judgement that the owner can only evict

and they sent the title and deed and it is still in my name when SPS says they bought it 6 months ago…

I wrote to the WA atty general… he has already sued one company HELP ME JESUS!!!!!! EXPOSE THESE CROOKS AND TEAR THIS CORRUPT biz DOWN RIGHT NOW .HEAR THE CRIES OF YOUR PEOPLE and give them some of their deserved WOE (misery grief and sorrow) that they have sown on the people… REDEEM OUR HOMES JESUS SHINE YOUR LIGHT ON THIS ABOMINATION… LET THE REAPERS OVERTAKE THE SOWERS AND CRUSH THEM. the wicked flee when no one chases them. BB the WidowWarrior

By: Ervin Blaylock

Ervin Blaylock — Thu, 05 Apr 2012 20:00:00 +0000

Thats not true people that are foreclosed on with a 1st and 2nd mortgage the lender foreclose on only the first the second is sold to a bill collector and they start coming after you in the name of the lender if you read that the judge opinion he fined butler had butler to pay the banks attorney the suit also called for butler to pay back all his clients his response was they hired him

By: Barbra Orr

Barbra Orr — Wed, 04 Apr 2012 15:57:48 +0000

One last thing Brian are you related to Judge Judy?

By: Barbra Orr

Barbra Orr — Wed, 04 Apr 2012 15:56:25 +0000

Brian I respect your comments and if that it the law then it is the law. No unfortunately Judges are not elected. I believe they are chosen so if you get a bad one oh well. Brian please do not get all worked up as I am not saying that Judge Schiltz is a bad Judge. It sounds like the Homeowners attorney was being frivolous and the Judge followed the letter of the law just like judge judy.
Brian are you an attorney, in law school, paralegal or is your father an attorney? Judge?

By: Brian

Brian — Tue, 03 Apr 2012 16:45:04 +0000

In reply to Reuben Nieves.

Right, let’s all go back to the way things were in 1872. Women could not vote; separate but equal was ok; JIm Crow laws were widespread; child labor was allowed. But more importantly, Minnesota statutes expressly allow for non-judicial foreclosure and do not require the foreclosing party to hold the note. That is what the Minnesota Supreme Court ruled in Jackson v. MERS (Minn. 2009). Read Judge Schiltz’ 54 page opinion, then read Jackson v. MERS – then post comments on this story. Justice Page in his dissent in Jackson v. MERS echoed some of the same language that you quote from Carpenter. But Justice Page was outvoted (6-1) and Jackson v. MERS is the law in Minnesota. The result might be different in another state with different statutes (such as Colorado in 1872). The result might also be different is the foreclosure was “by action” where proof of the note is required.

By: To Tell The Truth

To Tell The Truth — Mon, 02 Apr 2012 18:34:09 +0000

From all the info we have gathered so far and proofs of fraud committed by the banks attorneys and some judges, it is very easy to see that this judge is one that is paid for by the banks. He either does not understand the relationship between the note and the mortgage et al…he will not be sitting much longer on that bench and he will need to recant his verdict.
DO not despair, pray for him for the Higher Judge, God to give him wisdom to do the right thing unafraid. The attorney should appeal and win all his cases…how come no foreclosure mill attorneys like Stern and others not in jail or fined the same fines? Interesting that only these homeowners’ attorney is been used as a scapegoat…

I agree that his oath should be filed along with all the cases. Perhaps he is one of those judges that took the two oaths instead of one…the secret oath that is…go figure…what is done in darkness will be exposed to the light.

And look at the banks that are involved!!!!! No wonder!!!!

By: Brian

Brian — Mon, 02 Apr 2012 17:16:53 +0000

In reply to Beth A>. Federal Judges are not elected. He will be on the bench for a long time. By the way, every federal judge that has ruled on one of this lawyer's cases has also dismissed the complaint. There are also several other sanctions motions pending.

By: Brian

Brian — Mon, 02 Apr 2012 17:14:45 +0000

In reply to JamesM.

In fact, the judge did report the attorney to the lawyer’s board. See page 39 of the Order, “This Court will forward a copy of this order to the Minnesota Lawyer’s Professional Responsibility Board.”

The issue is more than just Butler’s “show-me-the-note” theory. The judge was also upset with Butler’s mistatement of the law, judge-shopping, changing his arguments mid-stream, and presenting new arguments all the time. The judge found “Butler has been abusing, not using, the judicial system, and his conduct appears to violate mulitple provisions of the Minnesota Rules of Professional Conduct.” See page 39.

The posters on this page need to realize that in Minnesota, when there is a non-judicial foreclosure, (except for extremely rare situations), the borrower owes no money to the bank that foreclosed – regardless of how much money the bank lost on the loan. But Butler then argues that borrowers will remain liable to the holder of the note – even after a foreclosure of the mortgage. This is absolutely false. See page 43.

You cannot mislead the court about the law. That is why he is being sanctioned.

By: dRp

dRp — Mon, 02 Apr 2012 13:48:10 +0000

Hopefully this will be overturned.

IVENT
IVENT

please email dRp@forecloseYou.com
regarding banks messing with our kids

By: flex

flex — Mon, 02 Apr 2012 03:07:35 +0000

I wonder If I will ever see or read in the near future that this decision from this judge will open the door for other judges to recognize that indeed the jurisdiction of standing is imperative to be able to foreclose. This tactic of show me the note was used at the beginning of this saga and many judges hate to hear these words again, even though is viable today after so many wrong doing from the lenders and servicers.
I can not wait to see how all the judges from all the rest of 49 states will react to this judge’s decision.
Will they follow suit with the same judgment or will apply the law as they suppose to do per the constitution?
I also believe this things happened for a reason. This will be read by thousands of attorneys and they will have to have a plan of action if this happens again. I would like to read the reactions of the best minds professors of law in our country tomorrow.
Here we go again, another roller coster. However, we must lose some to win some. This is exactly what happened for the last 5 years. How many cases the lenders and servicers won and now look how the table is turning to our side? Everyday I read cases and news about how the lenders are losing in court. If this judge were Judge Shack from New York, It would had been a different results.
In general, things are getting better. Look at what happen this weekend in Hawaii regarding a case of securitization. We are going to hear and read a lot more about securitization, psa, remic, and learn a lot more in the near future as more and more cases will come up after the statue of this case set the base for all of us to confront the pretender lender or servicer to prove if the have the right to foreclose.
America, don’t give up. Keep fighting. We must educate the judges even though some are stubborn and are sold out to the banks.
Somebody should do an investigation on this judge and expose him to the world and see where he is going to find another job in the future. God Bless America.