When Deutsche Bank, Ocwen Loan Servicing, LLC and the Wake County North Carolina Court System Violate The Law and the Constitution to Foreclose On Your Home Attorney Josh Stein’s Office Say’s, “It’s a Private Matter” and Our Elected Officials Sit Silently By.
As a veteran I always felt a swell of pride in defending our constitution. Knowing that it would be there in times of trouble for me. I worked and built a business after service, working hard to be a “maker” not a “taker”. But like many other Americans the Recession of 2008 ravaged my businesses and I was forced to close them. I found myself unemployed, without enough education for certain jobs and one agency told me that as I made a lot of money working for myself no one would hire me. They felt the minute the economy turned around I would just go back to working for myself. So, I returned to school in my forties, so I could make myself marketable.
During this time, I attempted to work to save my home from foreclosure, I had remarried so we applied for a modification only to be told by Bank of America that they would not accept my husband’s income as he was not on the loan when I purchased the home. As I was going to school and searching for employment I didn’t have enough income to qualify for a refinance and so the bank continued to pursue my home for foreclosure. As I fought to keep my home I began to discover the layers of fraud that had been used to transfer my home from one lender to another and that no valid promissory note existed for their alleged ownership of my home. I had a forensic analysis done that validated this fact.
As time went on the lender became more desperate to foreclose on my home and as I couldn’t find an attorney in Wake County North Carolina their violations of my due process right and out right fraud upon the court become bold. As I began to petition the court with the laws governing their illegal actions I was constantly faced with “you’re not a lawyer”, there way of saying only they can understand law and the constitution and the rest of us are to un-informed to understand the facts. In their desperation my notice for an appeal hearing to the North Carolina Court of Appeals was returned to the Wake County Superior Court for an appeals hearing. Now I’m still fuzzy on how the same court you are appealing the actions of rules on that appeal. But even worse, I appealed to the NORTH CAROLINA COURT OF APPEALS a higher court and yet the WAKE COUNTY SUPERIOR COURT, lacking an appeals notice which gives the court the legal right to hear any appeals case, despite the bank stating that the court lacked jurisdiction at the hearing (In the transcripts) and asking for a dismissal as jurisdiction was lacked the judge decided he would exceed the courts and grant the bank and order to foreclose.
Now the laws against this act are settled and clear at both the state and federal level. Rulings like these:
"A court must vacate any judgment entered in excess of its jurisdiction." (Lubben v. Selective Service System Local Bd. No. 27, supra, 453 F.2d 645 (1st Cir. 1972).). “ A judgment is void on its face if the trial court exceeded its jurisdiction by granting relief that it had no power to grant. Jurisdiction cannot be conferred on a trial court by the consent of the parties.” (Summers v. Superior Court (1959), supra, ; Roberts v. Roberts (1966) supra, )
“ Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A.; U.S.C.A. Const. Amend. 5 - Klugh v. U.S., 620 F.Supp., 892 (D.S.C. 1985). Where Due Process is denied, the case is void , Johnson v. Zerbst, 304 U.S. 458 S Ct.1019; Pure Oil Co. v. City of Northlake, 10 Ill. 2D 241, 245, 140 N.E. 2D 289 (1956) Hallberg v. Goldblatt Bros., 363 Ill. 25 (1936).
All proceedings founded on a void judgment are themselves regarded as void. A void judgment is regarded as a nullity, and the situation is the same as it would be if there was no judgment. It is attended by none of the consequences of a valid adjudication. It has no legal or binding force or efficacy for any purpose or at any place… it is not entitled to enforcement. 30A Am Jur Judgments 43, 44, 45. Henderson v. Henderson, 232 NC 380, 100 SE 2d 227.
And this from the North Carolina Rules of Appellant Procedures:
“• The Notice of Appeal is one of the most important documents to include in the record
because without it, the appellate court does not have jurisdiction over your appeal.
(See Crowell Constructors, Inc. v. State ex rel. Cobey, 328 N.C. 563, 563-64, 402
S.E.2d 407, 408 (1991)), (dismissing appeal for failure to include notice of appeal in
record).
• Likewise, failure to properly serve the Notice of Appeal subjects the appeal to
dismissal. (See Melvin v. St. Louis, 132 N.C. App. 42, 510 S.E.2d 177 (1999)). The
certificate of service for the Notice of Appeal should therefore also be included in the
record.
In essence the Wake County Court superior Court violated my due process rights and worked to assist Deutsche Bank in the illegal foreclosure action on my property. But when I reached out to my state Attorney General’s office I was told by his staff, “It’s a private matter.” A bank notorious for defrauding the public is being protected by our courts, law firms and state attorney general. I have resolved myself to continue to fight this battle and ask that you consider doing the same. We have gotten so obsessed with voter suppression (and we need to be) but we don’t seem to get that it works hand in hand with economic suppression.
One has only to research the numbers in North Carolina in an article titled Foreclosures by Race and Ethnicity The Demographics of a Crisis by the Center for Responsible Lending the numbers are staggering, almost twice as high as those of White Americans. This difference is seen in my own situation as White Borrowers in the cases of Gilbert v. Deutsche Bank and Adams v Deutsche Bank for Soundview in North Carolina were both given relief from the court yet despite the clear violations of law and Deutsche Bank acknowledging they altered the promissory note used I have not been.
When you combine this with voter suppression there has never been a greater need to work on reforming our judicial, political and banking system so that the constitution and the laws work equally for everyone, no one should ever contact their representatives and be told that failure to obey the constitution by a bank, court house or law firm is a “Private Matter”. If you’re interested, please feel free to contact me at wmmrthomas@yahoo.com. An attorney General who feels like these matters are private should be put out of office and return to work in the Private Sector along with Congressmen and Senators who sit silently and do nothing.