from the desk of Dr. Frederick David Graves, JD:
Here are a few foreclosure defense tools you can use to fight abusive lenders and their attorneys.
I'll send more as time permits.
These should be filed with memoranda of law citing controlling appellate court opinions that rule the trial judge where your case is pending. Merely stating the rule is no substitute for citing the controlling case law that controls the judge!
To learn more about memoranda and citations, use my affordable step-by-step Jurisdictionary course (if you don't already have it) to learn how to do it correctly!
#1 Failure of Condition Precedent
Mortgages and promissory notes are contracts.
Before a party may obtain judicial enforcement of any contract (including mortgages and notes) there may be certain acts it must perform before filing suit. These are called conditions precedent.
For example, some notes and mortgages contain what is called an "acceleration clause" that provides that the full amount will become due and payable in the event of the borrower's default (failure to pay on time, failure to keep insurance current, etc.). Some of these may require that the borrower be provided written notice of acceleration. Failure to provide that or other notices deprives the plaintiff of the right to proceed in court.
There may be other such provisions requiring the lender to perform other conditions precedent to bringing a lawsuit to enforce the contract (mortgage/note). Carefully read your copy of the mortgage and note. (You did insist on receiving a copy on the day you signed, didn't you?)
If the borrower is entitled to an opportunity to cure the default and was not given that opportunity, this too may be a condition precedent preventing a lender from getting its case before the court.
The court should grant a motion to dismiss, at least until the plaintiff performs all conditions precedent.
#2 Failure of Authority to Sue
Many states require out-of-state companies (including lenders) to register with the Secretary of State (or other state office) as a prerequisite to maintaining lawsuits in the state.
Failure to register is fatal to the plaintiff's cause.
This can be easily checked online in many states.
If a company has not registered, it is not authorized to litigate, and a motion to dismiss is in order.
#3 Failure to Attach Necessary Documents
Many states require plaintiffs to attach to complaints copies of documents (e.g., mortgages, promissory notes, and other contracts or instruments) that form the basis for the plaintiff's claim.
If your state has this requirement, you will find it set our in your state's Rules of Civil Procedure. (You have studied your state's Rules of Civil Procedure and Rules of Evidence, haven't you?)
Failure to attach necessary documents upon which the plaintiff's case is based, creates your opportunity to file a motion to dismiss.
My affordable step-by-step Jurisdictionary course will tell you much, much more about how to prosecute and defend lawsuits ... including mortgage foreclosures!
Read the testimonials in the right column! ?
My course is the only course that makes it easy enough for an 8th grader to learn what it takes to win in court!
There's a lot to it, but none of it is rocket science, and you can learn it all in a single weekend.
If you already have my powerful, popular course, urge everyone to get it immediately so they can learn how to win in court and protect their families by using the official rules to control and overcome crooked lawyers and corrupt judges.
I've given you a few ideas in today's Tips & Tactics, but you need my course to learn more. There's much more to winning than I can tell in a single newsletter.
FORWARD THIS TIPS & TACTICS TO YOUR FRIENDS.
Tell EVERYONE about Jurisdictionary !
If you have a lawyer, it's foolish not to know what your lawyer should be doing to win for you.
Order my step-by-step Jurisdictionary course now and start learning what it takes to win in court (if you aren't one of the thousands of smart people already discovering how easy it is to win lawsuits with my methods).
Where there is crookedness, corruption, and rebellion against our American values, let's all do the right thing, the patriotic thing, the honorable thing, and step up to the plate for our neighbors and friends and demand that the rules too many have died for be honored by judges!
Together, with knowledge of the rules that control every court in our land, we can be the generation that restores: Liberty and Justice for ALL.
Stop courtroom corruption!
Get justice for yourself, your family, and your nation!
Help me restore due process to our nation by telling EVERYONE about Jurisdictionary!
Know the rules that command justice!
Here are a few foreclosure defense tools you can use to fight abusive lenders and their attorneys.
I'll send more as time permits.
These should be filed with memoranda of law citing controlling appellate court opinions that rule the trial judge where your case is pending. Merely stating the rule is no substitute for citing the controlling case law that controls the judge!
To learn more about memoranda and citations, use my affordable step-by-step Jurisdictionary course (if you don't already have it) to learn how to do it correctly!
#1 Failure of Condition Precedent
Mortgages and promissory notes are contracts.
Before a party may obtain judicial enforcement of any contract (including mortgages and notes) there may be certain acts it must perform before filing suit. These are called conditions precedent.
For example, some notes and mortgages contain what is called an "acceleration clause" that provides that the full amount will become due and payable in the event of the borrower's default (failure to pay on time, failure to keep insurance current, etc.). Some of these may require that the borrower be provided written notice of acceleration. Failure to provide that or other notices deprives the plaintiff of the right to proceed in court.
There may be other such provisions requiring the lender to perform other conditions precedent to bringing a lawsuit to enforce the contract (mortgage/note). Carefully read your copy of the mortgage and note. (You did insist on receiving a copy on the day you signed, didn't you?)
If the borrower is entitled to an opportunity to cure the default and was not given that opportunity, this too may be a condition precedent preventing a lender from getting its case before the court.
The court should grant a motion to dismiss, at least until the plaintiff performs all conditions precedent.
#2 Failure of Authority to Sue
Many states require out-of-state companies (including lenders) to register with the Secretary of State (or other state office) as a prerequisite to maintaining lawsuits in the state.
Failure to register is fatal to the plaintiff's cause.
This can be easily checked online in many states.
If a company has not registered, it is not authorized to litigate, and a motion to dismiss is in order.
#3 Failure to Attach Necessary Documents
Many states require plaintiffs to attach to complaints copies of documents (e.g., mortgages, promissory notes, and other contracts or instruments) that form the basis for the plaintiff's claim.
If your state has this requirement, you will find it set our in your state's Rules of Civil Procedure. (You have studied your state's Rules of Civil Procedure and Rules of Evidence, haven't you?)
Failure to attach necessary documents upon which the plaintiff's case is based, creates your opportunity to file a motion to dismiss.
My affordable step-by-step Jurisdictionary course will tell you much, much more about how to prosecute and defend lawsuits ... including mortgage foreclosures!
Read the testimonials in the right column! ?
My course is the only course that makes it easy enough for an 8th grader to learn what it takes to win in court!
There's a lot to it, but none of it is rocket science, and you can learn it all in a single weekend.
If you already have my powerful, popular course, urge everyone to get it immediately so they can learn how to win in court and protect their families by using the official rules to control and overcome crooked lawyers and corrupt judges.
I've given you a few ideas in today's Tips & Tactics, but you need my course to learn more. There's much more to winning than I can tell in a single newsletter.
FORWARD THIS TIPS & TACTICS TO YOUR FRIENDS.
Tell EVERYONE about Jurisdictionary !
If you have a lawyer, it's foolish not to know what your lawyer should be doing to win for you.
Order my step-by-step Jurisdictionary course now and start learning what it takes to win in court (if you aren't one of the thousands of smart people already discovering how easy it is to win lawsuits with my methods).
Where there is crookedness, corruption, and rebellion against our American values, let's all do the right thing, the patriotic thing, the honorable thing, and step up to the plate for our neighbors and friends and demand that the rules too many have died for be honored by judges!
Together, with knowledge of the rules that control every court in our land, we can be the generation that restores: Liberty and Justice for ALL.
Stop courtroom corruption!
Get justice for yourself, your family, and your nation!
Help me restore due process to our nation by telling EVERYONE about Jurisdictionary!
Know the rules that command justice!
Foreclosure Defense Toolbox #1
10:53 AM
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