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!!

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8 Comments »

  1. Great job! And Governor LePage MUST restructure the Committee on Judicial Responsibilty and Disability. Judges CANNOT AND MUST NOT “police” each other! Permitting this is a gross and egregious CONFLICT OF INTEREST! I had a meeting yesterday in Augusta with one of the “higher ups” and brought up this very issue. Let’s see what happens!

  2. Lise from Maine Said:

    Hi!

    It would be in your best interest at this point to file a complaint with “that committee” because it could be held against you if you don’t even though you know that there is a high probability that it will not work to your advantage. You must exhaust all your administrative remedies. Don’t give them any ammunition to use against you.

    By the way, your counterclaim is well done as well as your notice of default. You were also smart to make an objection, too.

    Good for you.

    After everything is completed, then it is time to contact Gov. LePage and show your hand.

    Good luck!

    P.S. see http://www.fulldisclosure.net and see what happened to Atty Richard I Fine with his court episodes whereby the judge who sent him to jail for exposing the fraud (kickbacks) eventually resigned. He is still at it and will eventually win.

    • Debby Reagan Said:

      Thank you Lise! I’m doing that today. SIGH… wish LePage would do his job and sit down & listen to his constituents so he could rectify this HUGE mess!

  3. Lise from Maine Said:

    Hi!

    You have shown exhibits in your counterclaim but they did not open so I could see them.
    What is the problem?
    Thank you!

    • Debby Reagan Said:

      I do not know as I checked them out after uploading them and they opened fine for me. I used Microsoft Word to create them so any program that opens .doc files should open them.

  4. zelma Said:

    deed of trust/note are both security interest. I heard that under SEC
    laws security instrument cannot be destroyed or misplaced. Can you give me the SEC code that states this?

    • Debby Reagan Said:

      Hi Zelma. When a mortgage loan note is converted into a security bond, it no longer exists as a mortgage note. A mortgage note has different rules regulating it from a security bond. When you take and change one type of security for another, automatically the first one no linger exists. Because otherwise, there will be TWO security instruments for just ONE note and that is called “double dipping” and is securities fraud. So, in a sense, the first note is destroyed because it is changed into a different state of existing with different rules regulating it.

  5. zelma Said:

    Good afternoon, thank you for responding to my post. Under security. Once the original note is destroyed it is a unsecured. How do I know for sure it was converted into a security bond? My husband is retired Navy and we are living on pension. We hired an attorney June 2009 after the property was foreclosed> he did absolutely nothing to the case worse of all, he was not license to practice in Virginia. He is currently disbarred and under federal investigation.
    So, we lost lots of money and our home. We are homeless living with relatives. Their is many discrepancies better yet deceptive acts on my DOT. Debt collector who passed as the servicers and lenders attorney became substitute deed of trustee. Servicer and their attorney took my home. How can i find out if my original note mortgage was sold? What is SECURITIES law when security instrument is destroyed?


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