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Attorney Fraud1

This document discusses strategies for challenging jurisdiction in foreclosure cases using an affidavit. It notes that in some cases, judges have stopped proceedings or scheduled hearings in response to these challenges. It advises homeowners to attach foreclosure petitions signed by attorneys to motions to show cause, since the attorneys are illegally collecting as third party debt collectors without standing. It recommends objecting whenever an attorney speaks to prevent them from establishing jurisdiction and insisting attorneys be sworn in if they provide testimony. The document suggests making oral motions to dismiss for lack of jurisdiction if no proper witness can establish it. The overall strategy is to challenge the law used for foreclosure as invalid and in violation of the constitution in order to deny the court jurisdiction to foreclose.

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Gee Penn
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251 views1 page

Attorney Fraud1

This document discusses strategies for challenging jurisdiction in foreclosure cases using an affidavit. It notes that in some cases, judges have stopped proceedings or scheduled hearings in response to these challenges. It advises homeowners to attach foreclosure petitions signed by attorneys to motions to show cause, since the attorneys are illegally collecting as third party debt collectors without standing. It recommends objecting whenever an attorney speaks to prevent them from establishing jurisdiction and insisting attorneys be sworn in if they provide testimony. The document suggests making oral motions to dismiss for lack of jurisdiction if no proper witness can establish it. The overall strategy is to challenge the law used for foreclosure as invalid and in violation of the constitution in order to deny the court jurisdiction to foreclose.

Uploaded by

Gee Penn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Attorney Fraud - Update on the jurisdiction challenge with an affidavit: So, the folks using the

jurisdictional challenge with an affidavit please listen up. The proceedings have been stopped and, in
some cases, the judge has scheduled a hearing of in a couple cases decided to rule without allowing
the defendants to prove jurisdiction. Oh, yea in one case the judge ordered the homeowner to show
cause why the federal court should hear her claim. In her case all she had to do is use the facts in
the jurisdictional challenge with an affidavit as the grounds for challenging. I would attach copy of the
foreclosure petition signed by the attorney to your motion to show cause. I would point out in your
motion to show cause the attorney is the actual plaintiff and his/her name is not listed at the plaintiff.
The attorney is illegally collecting as a 3rd party debt collector and has no standing! You must stick
with the stuff in the jurisdictional challenge with an affidavit because those are the things they do not
want to address in court. I would call the attorneys offices and demand this stuff they do not want to
talk about. You have a right to have this stuff as discovery, but our goal is to make them not want to
go into court! The only option B.A.R. members have is ignoring the jurisdictional challenge with an
affidavit and tricking you into discussing the banking stuff so the attorney can get control again. If
you allow them to discuss their stuff in court they will decide you have given up your challenge
because you allowed/agreed- because you did not object to moving forward with the case without
jurisdiction proved on the record. Always object when the attorney opens his mouth. Tell the judge
you are objecting: The attorney cannot give testimony. The attorney is a 3rd part witness if in fact the
attorney as to any knowledge of any facts. If the judge allows the attorney to testify you should
object and order the judge to swear the attorney in because you have the right to cross-examine
anyone giving testimony to the court. Next, I would make an oral motion to the court to dismiss the
state foreclosure case for lack of jurisdiction due to the fact there is no witness to testify. There is no
witness there is no jurisdiction. See where you can take this argument! Remember we are
challenging the statute they use to foreclose with as an invalid law and in violation of the constitution.
If the law is invalid it cannot provide jurisdiction to the court to foreclose. The other way the players
are trying to get around the jurisdictional challenge with an affidavit is by allowing the judge to take
control after the time has lapsed for the attorneys to respond. When the time runs out some people
failed to jam the attorney with a notice of default for their non-response. If you fail to address the
attorney’s non- response the judge will take over and dismiss your claim without jurisdiction. Please
read the document carefully and you will notice that you are demanding the judge to order the
attorney to respond to the challenge for jurisdiction. If the judge rules on your challenge you will
need to find the magistrate reconsideration package and the lecture on kicking the judge’s ass.
Make sure you research the Federal rules of civil procedure and learn how much time these fools
have to respond and make sure you know what you need to do when they fail to respond. This
document should stop the state court foreclosure dead in its tracks. If you are facing a non-judicial
foreclosure eviction you can use this document to stop the eviction.

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