Lesson 7 – It was ‘evident’ the leader(s) didn’t understand evidence
Lesson 7 is a tier-one lesson. It was originally presented on February 28, 2018 during the Foreclosure Defense Education conference call.
If you would like to take part in these calls, and ask foreclosure related questions, simple request to be added the the announcement list at https://proselaw.co/contact-bill
A few years back I listened to a series of conference calls where the leader stressed the importance of rules and procedure. The leader claimed that most self-represented litigants do poorly because they do not understand the rules and procedure.
During one of those calls, ‘evidence’ was the topic. The leader explained that Dr. Graves of Jurisdictionary said that the goal is to “keep their evidence out” and to “get your evidence in.” https://www.howtowinincourt.com
At some point someone asked, “How do we invoke the rules of evidence[1]?” What ensued was mass confusion and a lack of direction. The leader and callers who offered their two cents could be described as a bunch of monkeys trying to make love to a greasy football. You get the mental picture.
If you asked the wrong question; you get the wrong answer.
Discussed: How does evidence work in a summary judgment setting as compared to a trial setting?
What do we mean by a prima facie case?
What do we mean by prima facie evidence?
At trial or evidentiary hearings, prima facie evidence can collapse because you get to challenge the witness and her records and evidence.
This is similar to when an officer checks your papers and story on the computer in his squad. You might hand the officer your plastic Driver’s licence. It looks valid, but it may be suspended. The prima facie evidence can’t tell the whole story.
As we see in Black’s, prima facie evidence is rebuttable.
Explained: How is a Note and other evidence authenticated by a witness at trial?
How are the rules of evidence invoked? Not by adding some wording to a motion that says, “I invoke all of the rules of evidence.”
The question should have been, “How do you USE the rules of evidence? The answer; real time whether writing or orally. But you need to know and understand them.
The trial rules and rules of evidence can be your friend. Don’t forget the other side is using those rules to control you. If you don’t know the rules of evidence, the other side can get away with murder and hide the body in plain site.
The rules of evidence are laying right in front of you. Please pick them up and use them like a sword.
[1] This is a sampling of various state’s Rules of Evidence.
New Jersey https://www.judiciary.state.nj.us/attorneys/evidence.html
North Carolina https://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0008C
Florida CHAPTER 90 EVIDENCE CODE http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/0090ContentsIndex.html&StatuteYear=2017&Title=%2D%3E2017%2D%3EChapter%2090
Florida Chapter 92 WITNESSES, RECORDS, AND DOCUMENTS http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0092/0092ContentsIndex.html
Federal https://www.law.cornell.edu/rules/fre
Lesson 11 – How (and why) to challenge the ‘alleged’ Holder of your Note
Lesson 11 is a tier-two lesson. It was originally presented on April 11, 2018 during the Foreclosure Defense Education conference call.
If you would like to take part in these calls, and ask foreclosure related questions, simple request to be added the the announcement list at https://proselaw.co/contact-bill/
This Lesson is presented in a slightly different format. A caller had several questions as to how to challenge the alleged Holder of his note.
The first 8 minutes sets a backdrop for things we should all know. During the second 8 minutes we listen to a collage of the caller’s questions.
His quest is then fulfilled in two parts. The first half is a general overview of the how and why to fight. The second half is a response to each of the questions or statements we heard in the caller’s collage.
You will hear the caller was overwhelmed when fighting foreclosure as a pro se.
A portion of New Mexico’s U.C.C. is quoted. It can be found at https://www.leg.state.nv.us/NRS/NRS-104.html
Specifically cited was,
NRS 104.3301 Person ENTITLED to enforce instrument.
1. “Person ENTITLED to enforce” an instrument means:
(a) The holder of the instrument;
(b) A nonholder in possession of the instrument who has the rights of a holder; or
(c) A person not in possession of the instrument who is ENTITLED to enforce the instrument pursuant to NRS 104.3309 or subsection 4 of NRS 104.3418.
2. A person MAY (as opposed to ENTITLED) be a person entitled to enforce the instrument even though the person is not the OWNER of the instrument OR is in wrongful possession of the instrument.
https://www.leg.state.nv.us/NRS/NRS-104.html#NRS104Sec3104
In my opinion, this ‘may‘ exception is the basis for almost every judicial and non-judicial foreclosure. This is because the alleged Holder is not challenged properly.
Lesson 30 – Fight for real or go home and wait for the Sheriff
Lesson 30 is a mindset lesson. It was originally presented on September 26, 2018 during the Foreclosure Defense Education conference call.
If you would like to take part in these calls, and ask foreclosure related questions, simple request to be added the the announcement list at https://proselaw.co/contact-bill
It is easy to dodge our responsibilities, but we cannot dodge the consequences of dodging our responsibilities. –
Josiah Stam
This lesson chides foreclosure slackers but it ends with a note of encouragement. You cannot wait for you opponent to attack. You must be ready. You must advance. Suck it up buttercup. Take courage – man up.
Frank A. Clark
If you find a path with no obstacles, it probably doesn’t lead anywhere. –
Opportunity, by Edward R. Sill 1887
This I beheld or dreamed in a dream. There spread a cloud of dust along a plain, and underneath or in it raged a furious battle, and men yelled, swords shocked against swords.
A prince’s banner wavered and then staggered backward hemmed in by the foe.
https://proselaw.co/consider-the-metal-you-are-made-of/
A coward hung along the battle’s edge.
Uniform Law Commission
The Uniform Law Commission (ULC), also called the National Conference of Commissioners on Uniform State Laws,[3] is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states (plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands) with well-researched and drafted model acts to bring clarity and stability to critical areas of statutory law across jurisdictions. The ULC promotes enactment of uniform acts in areas of state law where uniformity is desirable and practical.[4] The ULC headquarters are in Chicago, Illinois.
The ULC consists of approximately 350 commissioners, each appointed by the government of a U.S. state, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands.
Every ULC commissioner must be an attorney. Commissioners often concurrently serve as legislators, judges, or legal scholars.
Each jurisdiction determines the method of appointment and its number of commissioners. In most states, the governor appoints the state’s commissioners to serve a specified term. In a few states, ULC commissioners serve at the will of the appointing authority and have no specific term. ULC commissioners are volunteers who do not receive salaries or other compensation for their public service.
The ULC is best known for its work on the landmark Uniform Commercial Code (UCC), drafted in conjunction with the American Law Institute.
Since the ULC first convened in 1892, it has produced more than 400 uniform acts. These acts focus on commercial law, family and domestic relations law, estates, probate and trusts, real estate, alternate dispute resolution, and many other areas of the law.Among the ULC’s most widely adopted acts are the Uniform Commercial Code, the Uniform Anatomical Gift Act,[5] the Uniform Trade Secrets Act,[6] the Uniform Child Custody Jurisdiction and Enforcement Act,[7] the Uniform Interstate Family Support Act,[8] the Uniform Electronic Transactions Act,[9] the Uniform Transfers to Minors Act,[10] and the Revised Uniform Fiduciary Access to Digital Assets Act.[11]
https://en.wikipedia.org/wiki/Uniform_Law_Commission
UCC 12 (and crypto assets)
Credits
Danheim – Mannavegr (Full Album 2017) Viking Era & Viking War Music
https://youtu.be/8tilKaOINmE
Intro from, American Heist (2015)
Adrien Brody, Hayden Christensen Thriller HD
https://www.youtube.com/watch?v=QY_IOn0fsc0
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