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MORTGAGE FRAUD WAS NOT ONLY NEVER FIXED, BUT IT WAS ALSO NEVER CHANGED AT ALL. FORECLOSING PARTIES ARE STILL ASSIGNING MORTGAGES AND DEEDS OF TRUST TO TRANSFER THE OWNERSHIP OF YOUR DEBT. THE SUPREME COURT MADE IT CLEAR THAT AN ASSIGNMENT OF A MORTGAGE HAS NO EFFECT... IN 1872!

Tuesday, November 3, 2020

From "The Pro Se Series by Danny Hammond: THE IMPORTANCE OF CHALLENGING THE CONSTITUTIONAL STANDING TO FORECLOSE CONCERNING YOUR FRAUDULENT LENDER AND THE "SUBJECT MATTER JURISDICTION" OF THE COURT. THIS IS EXACTLY THE SAME IN BOTH JUDICIAL AND NON-JUDICIAL FORECLOSURES AND STATE AND FEDERAL COURTS

“Until you guys own your own souls you don't own mine. Until you guys can be trusted every time and always, in all times and conditions, to seek the truth out and find it and let the chips fall where they may—until that time comes, I have the right to listen to my conscience and protect my client the best way I can. Until I'm sure you won't do him more harm than you'll do the truth good. Or until I'm hauled before somebody that can make me talk."      Raymond Chandler "High Window"


IF YOU ONLY RETAIN THREE WORDS FROM THIS POST YOU WILL NOT HAVE WASTED YOUR TIME.


THE WORDS ARE:  "INJURY IN FACT"


Article III of the Constitution of the United States as defined by the U.S. Supreme Court has long ago established a constitutional, irreducible, minimum set of requirements for a party in a genuine dispute to establish that it has the Standing to redress a claimed "Injury In Fact" before it can bring a dispute before any court.

Without the existence of Standing all courts in the land must acknowledge that the court has no subject matter jurisdiction to hear any merits of a case and that it has no choice whatsoever but to dismiss the subject action.

In Borrower's cases, this subject action is the claim that the foreclosing party is the party in interest that has the "right" to foreclose on a Borrower's property and that it is claiming and proving that it has been injured by the Borrower enabling its right to foreclose.
The three requirements to prove Standing in a case involving Judicial Foreclosure state foreclosure actions in which the foreclosing party is the Plaintiff and the Borrower is the defendant.

1.  The foreclosing party is the Plaintiff and it must claim and prove in its lawsuit against the Borrower, who is the defendant, that it has sustained an "Injury in Fact" due to the actions of the Borrower and that it is demonstrating that its evidence is "concrete and particularized".

The Borrower Defendant's "only burden" is that he must deny ever having been in default with this Plaintiff in this case.  This will be true in nearly every case.

2.  This injury must be have been proven by the foreclosing party with "concrete and particularized" evidence to be fairly traceable to the foreclosed party with concrete and particularized evidence.   

The Defendant Borrower is trying to void and set aside the foreclosure sale that the foreclosing party claims were legal and that it has already happened properly although it has never yet been presented in any court.

 I do not use the words lender or bank because I have never seen any party in a foreclosure trial ever even try to prove a Lender's status.  So, whenever reading my writings you will see me use the term "foreclosing party" instead of giving this entity any higher status before the judge.

Your foreclosing party has only one possible injury it can claim.  That the foreclosing party used its’ own money to fund the closing of the loan, or used its’ own money to purchase the alleged subject Promissory Note and did not get paid back you, the mortgagor.

 I have never seen the foreclosing party ever claim or state that it had suffered an “Injury in Fact”, nor ever described one.

CONTINUE READING  VERY IMPORTANT ARTICLE


WOULD YOU LIKE A FREE ASSESSMENT OF YOUR FORECLOSURE CASE? 

1 comment:

  1. These are very powerful points specially injury in fact.. and it's never an injury. but they are thousand of foreclosure and I do not believe its because the people are not stating that. It is the strong corruption.and some is due to the Judges lack of knowledge. We really need to put fire or fear behind the judges and stop them from accept these cases in wrong venue and allow them to proceed without standing If not they will pay a price.the statement must be bold and right in there faces and you must not stop. I will like to hear and learn whats the judges biggest fear and back him in a Conner.I really like to hear lots of difference strategies stop the fudges at the beginning.

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