Sara and Steve at CRD wish all a wonderful Christmas and Happy New Year.
To those who feel recently abused by the court, please note that our consulting attorneys are working up some new strategies to help you get your TROs to stop the sales by trustees. It is not easy and we want this fact to resonate with our friends and clients. Here is the core problem we see.
If you don’t give sufficient Notice of the Ex parte TRO to the banks prior to the hearing you likely won’t get the TRO and risk a sale. Some have filed BK’s to stop the sale and while this can be effective, once the BK is discharged or dismissed, you are back in harm’s way for a sale. Several of our client have seen poor results because they came to us very late – close to the sale date, rushed the work, were unprepared for the filings they signed and filed and failed to sufficiently prove proper notice was given. As pro se’s you have obligations under state and federal laws requiring compliance with the procedural rules. Coming to CRD for assistance requires you to stay on top of your case. Some don’t understand this commitment and its impact. Some courts, like Montana’s Federal Court has very little procedural protections for giving notice as we discovered recently and their clerks were very resistant to helping the pro se determine the hearing date so they court even GIVE notice. The rules need to be addressed by those courts and revised. That task is not your job, but giving stern warnings to you is our goal. If you find that a court will not commit to a SET DATE [called a date certain] for a TRO hearing, demand one be given from the presiding judge so you have the ability to set your hearing. You have rights to KNOW the date so you can tell the banks when to show up. And contrary to some clients beliefs, virtually all states and the federal court have provisions for ex parte motions for stays [Fed courts rely upon FRCP Rule 65]. This form of equitable relief [TRO’s] has been around since the early days of American jurisprudence, so don’t think the court is ignorant of their requirements to grant well plead TRO’s.
We have seen that if you win at the TRO level, the next step…the Order to Show Cause hearing for preliminary injunction is usually granted, but not always. If you get the preliminary injunction it can last for the life of the lawsuit, which we see in many courts going on for well over a year or two.
Discovery is the most important aspect of these pro se foreclosure defense cases [and most all cases]. In discovery, you can corner the banks into showing they don’t have the Note and cannot prove by “evidence” they ever had it and a host of other defenses that will cause the banks to be less credible. This was the case in our pro se custormer’s recent victory against Bank of New York Mellon in California. Mellon simply gave up after they with two law firms representing them, could not prove ownership of the Note claimed to be deposited into the securitized Trust.
Remember litigation is a war and you need your war chest of weapons to be powerful. Call us to day to see where you stand and how you can best navigate the murky waters in pro se as many of our fine clients have done.
Steve Nelson, J.D. and Sara Stephens, J.D. – Consumer Rights Defenders
818.453.3585. Email is SNCR.Defenders@yahoo.com