Like many others who informally begin to study law I learned the hard way what works and what does not work in a court of law.
When I started studying law I came across the legal theories of people like Tim Turner, Winston Shrout, Sam Kennedy (AKA Glenn Richard Unger), Karen Tappert and a multitude of others. These dangerous individuals encourage the unsuspecting people to argue legal theories such as Free Man on the Land, 1099 OID, Redemption, gold fringe on the flag, there is no money, there was no “loan”, and the list goes on to no end.
I would like to state that there is absolutely no remedy in any of these arguments. In fact the contrary is true. For example you can do a search on the internet for “1099 OID scam” and you will find far too many cases where innocent people have been duped into believing these theories and who have been indicted by federal grand juries and sentenced to several years in prison for mail fraud, wire fraud, embezzlement, tax fraud, and a few other related charges.
There is an age old principle that should be remembered here, “If it sounds too good to be true, it probably is.” The danger lies not only in these patriot mythologists, but mostly in the information they provide. Desperate people do desperate things, and I will never fault someone for their desperation, but we must all remember that the ultimate responsibility is ours and ours alone. We have a duty do perform our own due diligence. For more on how and where you can perform your due diligence see my article titled Due Diligence Pro Se Litigation and Information Resources.
Many, if not most of these patriot mythologists do not try their own theories first, but rather toss them out like fish bait to see who will bite, and they use innocent people as guinea pigs to test their theories. When a few of these people wind up facing federal criminal charges the mythologist will usually do one of two things; they will either throw up their hands and say to themselves, well that didn’t work; or they will claim that the person did it wrong and continue to harm others by selling the same flawed theory over and over again getting more and more people in deeper trouble that they were in when they started off.
Another prime example of flawed legal theory is claiming that since a mortgage loan was securitized the debt went away, or that an adverse party has no valid claim. Just because you find your mortgage, or a part of it in MERS or some trust does not mean that there is no party that can purport a legal claim to receive payment on the underlying debt. By finding your mortgage in a securities pool you may be able to prove that the party purporting a claim is not the correct party, but that is about it. It won’t be long until a proper party steps forward with another claim.
A stronger argument would be that the underlying debt is no longer enforceable, and that the party attempting to enforce a right has no factual right to claim. This can result in you winning your case, extinguishing the underlying debt obligation, and sanctions being levied upon the party professing a false claim of a right to act under an unenforceable debt obligation.
There are several issues that come into play that you need to become very familiar with in order to show the court that the debt obligation is no longer enforceable, and this issue is discussed in greater depth and detail in my articles titled, Will Bankruptcy Stop a Foreclosure? and When is a Negotiable Instrument no longer eligible for negotiation?
What ever your argument, you will need to base your argument on “facts of law” (statute) and “conclusions in law” (prior Appellate Court or Supreme Court cases/controlling case law). And to prove your points you will need “Competent Evidence” to support your claims.
The two articles I referenced above are not the only remedy available to a homeowner who has been defrauded by a lender, creditor, or mortgage servicer. For more information on other ways to get remedy please take some time to carefully go through other articles on Pro Se Foreclosure. Simply hover your cursor over the “Articles” tab at the top of any page, and then hover your cursor over “Offense vs Defense”. A drop-down menu will appear and you can choose from there which ever topic you wish to know more about.
The plain and simple truth of the matter is the fact that this is your case and your responsibility to check the facts. If you fail to properly perform your due diligence, then the likelihood of you prevailing in a court of law are slim to none at all.