Termyn8or
Posts: 18681
Joined: 11/12/2005
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UN, I didn't check those links, yet anyway. Glad to know that someone else around here knows about pro se, as it does differ from acting as your own attorney. The fact that you can prove any impropriety on the part of the plaintiff is valuable indeed. Many lawyers are reluctant to do so.
I don't think we disagree, I never accused those in default of being scofflaws. My point was that they failed to think ahead, and that is very common these days. I know some people who I swear can't think even five seconds into the future.
My further points included that first time home buyers do not realize that when something breaks, there is no landlord to call.
You wish to concentrate on law and the court proceedings, that is fine. I think that more US citizens (Citizens) should do their own research and go pro se. There are maneuvers one can use that are pretty effective. These are things that a member of the bar association would never do. Their first job is not to embarrass the court.
There is a tool that can be used when you go pro se, to embarrass the court. File everything in writing, alledge fraud especially if you have any evidence at all. In that way you might get the case marked "not to be cited or quoted", and when that happens there is no decree, nor judgment that counts. People have actually walked after commiting real crimes because of this. If the case cannot be cited nor quoted, how could there be a sentence imposed ?
As with everything there are multiple sides. I don't really care what your situation is, but first and foremost you did agree to make the payments. If you don't, this is what happens. If people were allowed to just stop making the payments and keep the house, the system would not work very well. I could just offer $62 billion for Robert Redford's place in Colorado and just have it, no strings. Of course this is unreasonable.
Of course with the clauses and everything in those mortgage contracts, the buyer does not always get a fair deal. And then there is UCC 1-208, option to accelerate at will, which the lender can exercise at any time and the borrower must go to court and reprove his ability to pay. The law is tilted in favor of the lender, the one with the money to lend, which should surprise noone these days, but it does.
This is rarely done, although what credit card companies do amounts to the same thing. With the open ended contract governing credit cards, they have no need for section 1-208. People just don't realize, default on one loan, no matter what it is, they can call in all of your credit, meaning credit cards, all mortgages as well as your car loan if any.
You can fight a mortgage contract even if there is no impropriety on the other side. If parts of the contract are reprehensive to the law, a court can declare the entire contract null and void. It is not easy to get them to do this, but any impropriety on the part of the other side helps alot.
I understand pro se, even though I haven't had to use it as of yet, there are a few things. You might know them UN, but others generally do not. File as much as your evidence as possible on paper, before the actual trial. This becomes a matter of public record. The opposition can object to a question asked of someone on the stand, and if the judge sustains, the answer is never heard. However if it is filed in writing, as an exhibit, preferably sworn to and notarized in the form of an affidavit it is very hard to quash. That is generally when the court will resort to marking the case "not to be cited or quoted". Some may not see it, but that is a win.
For example, if you are prosecuted and thrown in jail, if they hide the case in that way the correctional facility has no legal authority to hold you. It may take a while to prove, but you WILL be released. I am not sure how this would work in a foreclosure.
If it prevents an eviction order, and you don't have to pay, this is in itself reprehensible to the law. I wouldn't count on it happening unless you can prove a great fraud. However, you signed that you would make the payments, and if you are in breach of contract you are not in court with clean hands. Then usually in a court of equity the "balance of fraud" is determined. You might get a favorable judgement, but don't expect the moon. I have heard of it happening, but getting the house for free is extremely rare. I do not know anyone personally who has pulled it off, and it might be a myth. When I see transcripts I will believe.
Actually pro se is very interesting to me, you find out alot of things and have tactics at your disposal that a licensed attorney simply cannot use. I personally know people who have challenged the court's jurisdiction in a criminal case. They walked. I personally know someone who is classified as a non-taxpayer, and it was worth it because he makes good money. That deal was all done by correspondence with the IRS, never saw a tax court. He also wanted to sue the IRS for everything he had ever paid in taxes in his whole life, I told him "Dude, you got this, it would probably be better to shut up and leave well enough alone". I saw the actual document from the IRS stating he was not a taxpayer. I told him to shut the fuck up, and he did. This was about twenty years ago and he has averaged about $180,000 a year since then. Doing the math just quickly it can be seen that this has saved him over a million dollars easily.
There are many things to dealing with the courts and the law. I'll look at those links later, right now I am going to see what I can scare up for Sunday dinner.
T
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RE: Government to seize Fannie Mae, Freddie Mac - 
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