I have been battling my daughters case of foreclosure for 4yrs now. I have search several avenues. Some costly and others not so costly. I think with this course I can sue in a small claims court the 3rd party creditors. BOA backed off but I never did a settlement, but they transferred the loan or mortgage to M&T bank. The question I have is can I , being my daughters legal guardian, represent her in court as her counsel. She has a whole list of psychiatric and physical problems and is a Iraqi veteran. Would I be able to go pro se since I have the power of Attorney.

Freda
I do not think that you will be allowed to represent your daughter in court with your power of attorney as that would fall under practice of law without a license. You would however be able to obtain council for her.Have you looked in to organizations in your area that will represent her pro bono as it would seem she would have many avenues open as there are always agencies that will represent someone who is disabled or a veteran.Thank your daughter for her service for me.
I would google something like free legal service for the disabled or for the disabled or veterans see what you come up with.
One more thing I don't know about your jurisdiction but in most if it's a land issue you would have to bring it up at the trial court level not the small claims level.
Well hope that helps.
Tom'

I heard unlicensed council may be able to represent your daughter in court, it depends on which State you live in.

I AM IN FORECLOSURE WITH A NEW TRUSTEE US BANK FOR A NEW TRUST SOMEONE REMOVED ANY TRACE OF THE ORIGINAL TRUSTEE BANK OF NEW YORK MELLON AND THE CHAIN OF TITLE DOESN;T INCLUDE THEM EITHER!!

IS THIS LEGAL OR POSSIBLE?? I HAVE A LETTER FROM THE TRUSTEE US BANK, PLAINTIFF IN FORECLOSURE STATING THAT THEY CAN NOT FORECLOSE YET THE ATTORNEY WHOSE STAMP WAS ON THE NEW ASSIGNMENT IS ON THE US BANK ASSIGNMENT IS STILL MOVING FORWARD WITH THIS ILLEGAL ATTEMPT!!!

ANY IDEAS??

Use your discovery tools as explained in the course to prove on the record that the plaintiff cannot produce the mortgage or the promissory note! TELL EVERYONE ABOUT MY COURSE!

I am having the same issue with US Bank currently. They told me they are not the party foreclosing however the Complaint filed with the court clearly lists them as the Plaintiff. I have filed a complaint with the CFPB and just recently found and signed up for the Jurisdictionary site. The Plaintiff was awarded a summary judgement against me in court despite the fact that no Plaintiff appeared. Even after bringing up failure to produce original note, their letter stating they did not have authority to foreclose, and objecting to the fact that no Plaintiff appeared. The judge told me "the plaintiff only has to appear in Criminal trials". Can this be true?

In ALL criminal trials the STATE is the plaintiff and is represented by an elected official called the State's Attorney or, in a federal case, it is the FEDERAL GOVERNMENT that is the plaintiff and is represented by an attorney from the Department of Justice. Beware what is said in these forums. If it's not in my course, it is probably NOT TRUE!

The Complaint I received was a civil complaint, with no Plaintiff appearing.

As I said earlier, there is no "plaintiff" in a criminal case (as you would know if you would simply study my course). The state is bringing the case against you on behalf of the people of the state. In many states the pleading reads, "The People v. John Doe", etc. You will not get far if you expect to win "because there is no plaintiff". Criminal cases are similar to civil cases in many ways, but in that one way they are quite different. The State is attempting to prove the elements of a crime. Please study my course. I've gone to a lot of trouble these past 20 years working hard for those of you who cannot afford a lawyer!

As for "statutory duty", one may someday successfully show that the State has no right to interfere with what food I eat or what plants I grow in my back yard, BUT FOR NOW we live in a country that has state legislatures and a federal congress populated by politicians who "create statutory duties" the violation of which exposes you to penalties. Instead of trying to change that more than 200 year old system, why not spend more time trying to learn how to show on the record that the state cannot prove what it has alleged against you?

If you live in Pennsylvania, the Supreme Court has authority in your State Constitution to do many things you may "feel" are not lawful. Why not spend a few minutes reading your State Constitution to learn what the powers of the Supreme Court in your state might include. I want you to win, if you have a valid case, but you seem to be wanting to "get around the law", instead of learning how to fight "within the law". You will not succeed until you start doing things the way the course teaches, friend.

When "maxims" appear in a published appellate court decision that is controlling in your jurisdiction, THEN and only then can you use them to control the trial court judge. Many sites offer "maxims" that are not true maxims; they are opinions of various people. All true maxims are "self-evident truths" that any "reasonable person" would agree are true. Take care! There are better ways to fight foreclosure, friend ... like, for example, using Request for Production to get all documents evidencing the right of your opponent to take your property. Fight smart! Do what my course teaches!