Archive for May, 2011

Maine Judges Blatantly Disregard the Rule of Law

In 2009, a bank, US Bank National Association filed a foreclosure suit against me in the Springvale District Court in Maine. I never heard of them until this filing. My mortgage company was Countrywide. I thought Countrywide was foreclosing until I got served. I was very confused because Countrywide was telling me that they were foreclosing, Bank of America said they were, and now a 3rd bank was too. So, I decided to do some investigation.

I found that all 3 are using duplicates of my original loan note and all 3 say that they are the holder of my note. But wait…. My note was sold to a REMIC Trust fund in 2006 and sold as stock! And a note can only be a loan, or a stock, but not both at the same time. Once converted to stock, it can’t be reverted back to a loan. The original note is destroyed, thus separating it from the Deed of Trust. In doing so, it breaks the chain of title as only the ORIGINAL note is stamped with the assignments to whom it is sold and invalidates the note.

I was VERY angry as I further investigated the frauds & crimes that has occurred with my mortgage note and wrote a counterclaim against US Bank NA. SEE MY COUNTERCLAIM HERE. By Maine’s Civil Rules of Procedure, when a counterclaim is filed in a case, the other party has 21 days to answer the facts of it. If they do not answer then their silence is equated to them being in agreement of them. And, since they have not answered in a timely manner, then they are in default and have waived their right to object to the counterclaim.

Now, anyone who has been involved in a case or even watched any court show on TV knows that if you don’t answer in a timely manner to motions filed in the case, and a motion is filed for a default judgment, then the other side wins unless an extremely good reason can be provided to the court as to why there was no response.

I filed an entry of default and asked the Springvale court to follow the rule of law & civil rules of procedure and find US Bank NA in default and give me a summary judgment as asked in my counterclaim. Now, I asked for a Show Cause hearing and asked the court to compel the bank to provide the original note & deed of trust back in November of 2010. The court NEVER acted upon these motions. But TWO days AFTER I filed my counterclaim, the court scheduled a PRETRIAL/STATUS hearing for June 20, 2011! US Bank NA’s lawyers filed a motion to be allowed to appear at this hearing via telephone (to which I objected saying I had the right to face my accuser and examine their documents in person). The judge granted them their request. I filed an objection and requested that the court vacate this decision due to the fact that this hearing is now a moot point as the bank is in default and grant me the relief sought for in my counterclaim. The judge told the clerk to resend the notice of the hearing to me with these words added: all pending motions will be heard at the hearing! Now, if this was the other way around, you can bet the farm that the judge would be finding in favor of the bank’s default request and I’d be S.O.L.!

Why is it that when the big banks & lawyers ask for things, the judges answer and grant their motions or follow the rule of law and find in their favor for default, but when us regular people file motions or prove default, the judge ignores us? Quite a double standard here! Here, in my case, we can save tax payers money, court time & expense of having a hearing if only the judge would FOLLOW THE RULE OF LAW and address my entry of default! It is extremely clear that the bank never answered in a timely manner. The rules & law are very clear as to the action to be taken by the court. Yet, this court BLATANTLY ignores them by refusing to address the default and insists that the hearing takes place! UNBELIEVABLE! No wonder the banks are getting away with stealing peoples homes, the judges are in bed with them! And you can’t even report them to the judiciary review committee. Why? Because this committee is made up of….OTHER JUDGES! To include the very judges you may be reporting! Think they are going to reprimand themselves or their brother/sister judges, hmmmm??? What a racket they have going here!

Now here in Maine, the governor appoints the members of this committee. I’m asking Governor LePage to PLEASE, restructure this committee so that the foxes aren’t guarding the hen house and put people, other then judges or lawyers, on this committee to be a watchdog against abuse so that the people of Maine can have proper redress against judicial misconduct, ineptness and downright fraud and breaking the law. Only until this happens can the people of Maine TRULY HAVE JUSTICE!!