SEC Press Release.
PRESS-RELEASE-SEC-Charges-26-Defendants-in-428-Million-Secu...pdf
We you ever offered witness protection? Your host was.
Opportunity
What are you made of?
This I beheld . . .
Let go of your nuts, or it will hurt
The monkey’s paradigm is myopic. The monkey hunter’s paradigm is well-planned. Just do what other monkey hunters have done. The caselaw supports them.
Let’s look at this from both sides
The Bank has centuries of case law, contract law, and equity courts showing that if someone fails to make a payment the obligee has a right to collect or enforce.
Thus the bank has a forest of caselaw that has been Cultivated over a long period. These trees stand strong and tall, and the banks take refuge in this forest.
The typical pro se scours the web looking for defenses or perhaps a direct offensive to attack the bank and its Mighty forest of caselaw.
On occasion the pro se homeowner latches onto something that worked for somebody else. They think they are lucky it they have the same lender that it worked against, or a similar defect, technicality, or whatever. They latch onto some nugget (nut) like a rabbit’s foot or talisman (i.e., a trinket or piece of jewelry that is thought to offer magical protection against evil or disease).
For example – statute of limitations
This sounds like a pretty good defense. Let’s look at how it works in Florida. Florida’s statute of limitations is five years for a foreclosure. Every once in a while, some homeowners would beat the bank, if the bank didn’t initiate a foreclosure within five years of acceleration of the mortgage loan.
Since the foreclosure statutes are ‘mortgage centric‘ the Banks, Legislature, and Courts wrestled to circumvent the general statute of limitation laws.
So then they also allowed foreclosures to proceed based on the last unpaid monthly statement. This allowed a sliding statute of limitations.
You had to be first and fast to pull this one off
Slowly, like trees, the Banks made case law allowing them to foreclose a mortgage and collect portions of the amount due, depending on the dates of acceleration and the statutes of limitation.
Just last month, August 2018, the Banks enhanced this sliding statute of limitations.
This is two more trees in their forest.
If you are clinging to ‘mortgage centric’ Statute of Limitation theories, you are no different than the monkey who won’t let go of the nuts.
Forget the law of nature
Harness the nature of the law
What in this force of law can we use? Every adversity has within it the seed benefit. How can we harness the laws of nature, or the “nature of law” itself? How can we turn the forest onto itself? What is the hierarchy of the forest of law?
To do this we have to understand hierarchies and order.
- Case law resolves fact patterns
- Case law must comply with statute
- Statute is of a higher nature than caselaw
- The forest contains conscious and unconscious lifeforms
- Conscious life (like squirrels) is of a higher order than unconscious like (like trees)
- Unconscious life adapts slowly – think evolution
- Caselaw evolves slowly – it too is evolutionary
- Statute is of a higher order than case law, which only addresses a very narrow set of facts.
- Unconscious life and caselaw are at the mercy of conscious life.
Within the forest are many creatures. On the forest’s floor are squirrels monkeys, raccoons, Bank lawyers, and snakes. These creatures use and enjoy the Shade of the trees
But trees have a natural enemies–pests (pro se warriors).
Release the Cicadas. Strip the trees bare.
Missouri Lawyer Must Pay $50,000 Plus Fees Over Meritless Suit
https://news.bloomberglaw.com/business-and-practice/missouri-lawyer-must-pay-50-000-plus-fees-over-meritless-suit
The Missouri Sanction Ruling
Caranchini-v.-Nationstar-Mortg.-LLC-RevRad-chaos-case-atty-spanked-No.-4-17-cv-00775-DGK-2021-BL-333737-2021-Us-Dist-Lexis-166783-W.D.-Mo.-Sept.-02-2021-Court-Opinion.pdf
Maritime and Admiralty cases.
Hopefully I don’t distort your reality too much.
Lejano-v.-Bandak-705-So.pdf
Lozman-v.-City-of-Riviera-Beach.pdf
US-v.-MAJHOR-Dist.-Court-D-Oregon-2010.pdf
US-v.-MAJHOR-Dist.-Court-D.-Oregon-2010-Google-Scholar.pdf
That’s enough. If you can’t see a pattern by now. Too bad.
Statutes of Limitations
Acceleration, Deacceleraton, and your UCC Power Play
I quoted a couple cases, but here is a 2021 ruling:
Freedom Mtge. Corp. v Engel 2021 NY Slip Op 01090 Decided on February 18, 2021 Court of Appeals
https://law.justia.com/cases/new-york/court-of-appeals/2021/1.html
Put on your thinking cap, pour some coffee, scratch your head. Once you grasp what the decision is, then you will see that the UCC is your power play. It trumps the court’s maneuvering for the bank. You will have to re-listen to the last section of the second hour:
Stay tuned.
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