Jurisdiction Challenge – Get Control Of Your Foreclosure Today
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Time to take charge!

Jurisdiction Challenge – Get Control Of Your Foreclosure Today

Jurisdiction Challenge can be used in any State because of the fact it attacks foreclosure statute as an invalid law and therefore the court did not have jurisdiction. The foreclosure statute is invalid because of the fact the foreclosure statute or code does not contain the 3- elements necessary to be a valid law, and therefore the court lacks jurisdiction to proceed. Link to the instructional video : https://youtu.be/mTScVfdYiNI

Proof Of Jurisdiction:

Jurisdiction challenge must be heard in court and the party asserting jurisdiction must prove the jurisdiction challenge on the court record before the case can proceed. The party challenged must prove jurisdiction on the court record before the court can proceed.

Once the court has knowledge that subject matter is lacking, the court (meaning the judge) has no discretion but to dismiss the action. Failure to dismiss the action means the court is proceeding in clear absence of all jurisdiction and subjects the judge to suit.

Subject Matter Jurisdiction:

Personal jurisdiction is not usually an issue in most proceedings, but subject matter jurisdiction is always, always an issue!  Subject matter jurisdiction is not everything, It’s the only thing!

Subject matter jurisdiction requires:

  1. A competent witness or notarized affidavit demonstrating an injury.
  2. A statutory or common law basis for a remedy of the injury.

Another very important factor that most litigants forget is that attorneys CANNOT testify as witnesses in trial!  A neutral third party or litigant being represented by an attorney, however, can testify.  See the following authorities:

  1. United States v. Lovasco, 431 U.S. 783, 97 S.Ct. 2044, 52 L.Ed.2d 752 (1977):  “Manifestly, [such statements] cannot be properly considered by us in the disposition of a case.”

Pro- Per Litigant:

As a pro per litigant, you are at an advantage over your attorney opponent because you can testify while your opponent with the government cannot.  This is the major defect of the attorneys foreclosure case:  lack of witnesses.

Hearsay Evidence:

The OHA act or code they use to provide the court with jurisdiction is missing the 3 elements necessary to be considered a law that I am subject to obeying.

the laws referenced in the complaints have no official evidence that they are from an authority to which the I am is subject to or required obey. The Georgia Code Title 44. Property § 44-3-109 does not contain the necessary elements to be considered a real law.

 Void Judgment:

Any ruling made by a court in which there was a lack of subject matter jurisdiction is called a “void judgment.  The really big deal, the real issue in void judgments is SUBJECT MATTER JURISDICTION! Remember, the subject matter can never be presumed, never be waived, and cannot be construed even by mutual consent of the parties.  Subject matter jurisdiction is two part: the statutory or common law authority for the court to hear the case and the appearance and testimony of a competent fact witness, in other words, sufficiency of pleadings.  Subject matter jurisdictional defects include any of the following:

  1. No Petition in the record of the case, Brown v. VanKeuren, 340 Ill. 118, 122 (1930)
  2. Defective Petition filed, Brown v. VanKeuren, 340 Ill. 118, 122 (1930)
  3. Fraud committed in the procurement of jurisdiction, Fredman Brothers Furniture v. Dept. of Revenue, 109 Ill.2d 202, 486 N.E.2d 893 (1985).
  4. Fraud upon the court, In re Village of Willowbrook, 37 Ill. App.3d 393 (1962)
  5. A judge does not follow statutory procedure, Armstrong v. Obucino, 300 Ill. 140, 143 (1921).
  6. Unlawful activity of a judge, Code of Judicial Conduct.
  7. Violation of due process, Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019 (1938); 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);
  8. If the court exceeded its statutory authority, Rosenstiel v. Rosenstiel, 278 F.Supp. 794 (S.D.N.Y. 1967).
  9. Any acts in violation of 11 U.S.C. §362(a), In re Garcia, 109 B.R. 335 (N.D. Illinois, 1989).
  10. Where no justiciable issue is presented to the court through proper pleadings, Ligon v. Williams, 264 Ill. App.3d 701, 637 N.E.2d 633 (1st Dist. 1994).
  11. Where a complaint states no cognizable cause of action against that party, Charles v. Gore, 248 Ill.App.3d 441, 618 N.E.2d 554 (1st Dist. 1993).
  12. Where any litigant was represented before a court by a person/law firm that is prohibited by law to practice in that jurisdiction.
  13. When the judge is involved in a scheme of bribery (the Alemann cases, Bracey v. Warden, U.S. Supreme Court No. 96-6133; June 9, 1997)
  14. Where a summons was not properly issued.
  15. Where service of process was not made pursuant to statute and Supreme Court Rules, Janove v. Bacon, 6 Ill. 2d 245, 249, 218 N.E.2d 706, 708 (1955).
  16. When the Rules of Circuit Court are not complied with.

Violation Of Due Process:

  1. Any ruling that involves violation of due process of law under the Fifth, Sixth, or Seventh Amendments is also a void judgment.   Void judgment can be attacked or vacated at any time and there is no statute of limitation.  See Long v. Shorebank Development Corp., 182 F.3d 548 (C.A. 7 Ill. 1999).  A void judgment is one which, from its inception, was a complete nullity and without legal effect, Lubben v. Selective Service System Local Bd. No. 27, 453 F.2d 645, 14 A.L.R.Fed. 298 (C.A. 1 Mass. 1972).

This Challenge to the court’s jurisdiction addresses the fact the HOA lien foreclosure lawsuit code or statute does not have the 3-elements necessary to be considered a valid law that I’m obligated to obey. This document will address this issue and help get you in the driver’s seat.

This link is to the instructional video: https://youtu.be/mTScVfdYiNI

Link to our website: https://winincourtnow.com

Facebook:

https://www.facebook.com/groups/Foreclosurehelp/

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