OCWEN Loan Servicing, LLC, Plaintiff Vs. ________,

Case No. _____

Plaintiff _________________________________________________________________ MOTION TO VOID JUDGMENT, DISMISS, OR RECUSE JUDGE _____________________________________________________________ ____

Now comes the above named, _____ (“W______”) and moves to either void the illegal summary judgment of foreclosure made against her on December 17, 2009, dismiss this case for lack of subject matter jurisdiction with prejudice, or a demand to recuse Judge Charles Kahn (Judge) from the above entitled matter under 28 USCS Sec. 455(a) which states: “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” And judge should be disqualified only if a reasonable person, apprised of all the facts and circumstances, would question the judge's impartiality. Hunt v. Am. Bank & Trust Co. of Baton Rouge,783 F.2d 1011, 1015 (11th Cir.1986); Potashnick v. Port City Constr. Co.,609 F.2d 1101, 1110-11 (5th Cir.), cert. denied, 449 U.S. 820, 101 S.Ct. 78, 66 L.Ed.2d 22 (1980).

Apparently my written motions, judicial notices etc. are not “on the record” and have no legal significance in this courtroom, and only those items expressed verbally are “on the record,” as every motion or other paperwork submitted was totally ignored by the Judge, unless I specifically brought it up verbally in court. If it was meant to be that way, I’m sure the law wouldn’t have gone to so much trouble to make sure that everything is in writing. Therefore, there was apparently nothing on the record on

Motion to Recuse

Page 1 of 11

February 7, 2011

It’s a legal requirement that.'93). and refused to make Ocwen prove standing. Court has no jurisdiction. cert. Enforcement of a note always requires that the person seeking to collect show that it is the holder. ADMINISTRATIVE PROCEDURES.2d 293 (Md.lectlaw. Rahm. v. and most if not all of their false affidavits. standing and subject matter jurisdiction must be proven. in 1 The standard of review to use is abuse of discretion. In addition. The Judge did not make W_______ aware of this obscure procedure of denying or ignoring all written paperwork. by law.2d 1405.S. Motion to Recuse Page 2 of 11 February 7. U. which has been adopted in every state. The Judge ignored that. W_______ answered every motion filed by Ocwen. Ocwen’s lawyers sat stonefaced and mute as the Judge did all their work for 1. and that the burden of proof lies on the person bringing the suit. ABUSE OF DISCRETION1 AND DUE PROCESS. 445 U. This is a bare minimum requirement.S. State. App. 405 A. when challenged. counter-claims. 2011 . usurped jurisdiction where law gave none. within her motions and with signed and notarized affidavits… all ignored or denied. A holder is an entity that has acquired the note either as the original payor or transfer by legal and enforceable endorsement of order paper or physical possession of bearer paper properly signed and endorsed. requires the production of the Original Note and Mortgage. denied. In addition. Ocwen has no standing. and “findings of facts and conclusions of law” presented to W_______ following summary judgment dealt with any material facts or any other substantive evidence or laws. 1979). Spec. 993 F. http://www. Proof of standing.” as none of the material facts. 967 (1980).which W_______ could “appeal. Judge refused to make Ocwen prove standing. Ct. These requirements are set out in Article 3 of the Uniform Commercial Code. with all endorsements and/or allonges securely attached. Carey v. 1410 (9th Cir. AND JUDICIAL PROCEDURES VIOLATIONS Abuse of Discretion: When a court does not apply the correct law or if it rests its decision on a clearly erroneous finding of a material fact. Correspondingly.

20. The Judge put the burden on W_______ to prove Ocwen did not have standing to bring the suit. 3. Sept. However.D.3d 181.957 (Bankr. Blue Cross & Blue Shield of Michigan. 199 (2nd Cir. Judge forced Discovery on W_______ to usurp jurisdiction Judge allowed Ocwen to submit documents of no legal consequence. Papers filed into Court record: Motion to Dismiss for Subject Matter Jurisdiction. “Plaintiffs have the burden of establishing standing. was a courtroom trick to put me under the Court’s jurisdiction.N.J. 1982). Who’s The Holder: Enforcement Of Promissory Note Secured By Real Estate”).J.S.” Id. by forcing me to do Discovery on Ocwen.R.” N.A 12A-9-105(1)(g) and 12A-3-104(2)(d) 2. 48. 06-2090. filed 5/26/09 and Amended Motion to Dismiss for Subject Matter Jurisdiction. In re Kennedy Mortgage Co. state substantive law controls the rights of note and lien holders. United States v. sanctions were imposed on W_______ for inadvertently missing a court hearing Motion to Recuse Page 3 of 11 February 7. “If they cannot do so. their claims must be dismissed for lack of subject matter jurisdiction. No sanctions were ever imposed on Ocwen for their refusal to properly comply with Discovery for eight months.S. 440 U. I do not consent to the Court’s jurisdiction where Ocwen’s standing has not been proven.” Loren v. 54-55 (1979). (Federal Bankruptcy Judge Samuel Bufford's Presentation Paper before the Universal Commercial Code Committee titled “Where’s The Note. “A promissory note is an ‘instrument’ as defined by the Uniform Commercial Code. This fact was brought up repeatedly by W_______ in paperwork and verbally. 2011 . 2005). filed 6/24/09. No. if I’m not mistaken. (citing Central States Southeast & Southwest Areas Health and Welfare Fund v. 17 B.bankruptcy proceedings. The act of forcing me to conduct Discovery. Judge forced burden of proof on wrong party. 433 F. and not submit documents which would prove W_______’s counter-claims. 2007). Butner. Defendants have a common law right to demand production of the alleged “note” prior to making any payment on a note. Merck-Medco Managed Care. 2007 WL 2726704 at *7 (6th Cir.

Failure to appear or designate a witness to testify at deposition 4. Their “response” consisted of previously filed documents.E. have jurisdiction. time and place to present original note and mortgage. By failing to give a substantial response to W_______’s Discovery request for getting the dates confused. 24. Exhibit F: First Request for Production of Documents from Ocwen. Failure to serve written response to interrogatories or to request for production of documents or other materials 4.09 (response date: 9/26/09). filed 8/26/09 Notice of Facts #2. 804. 18 days late. 385 Ill. and made it clear throughout the eight months that Ocwen had no standing. and failed to show up or make any attempt to arrange another meeting time (See Exhibit F. the other on 6/26/09. states “severe sanctions are warranted for discovery failures” where the following facts and circumstances establish proof of grounds for imposition of discovery sanctions when the responding party has failed to properly respond to a discovery order with: 1. II. and therefore Ocwen did not have standing. 86. Papers filed into Court record: Two requests for validation/verification were sent to Ocwen. and Summary Judgment against me issued at same hearing with no discussion of Ocwen’s failure to produce documents. and Sect. Co. Stats. Motion to Compel Production of Documents. and forced that jurisdiction on W_______. 33 Am. 52 N. Proper service of discovery request 2. Ignored by Judge. First Request for Production of Documents sent to Ocwen 8/26/09. Ocwen admitted W_______’s counter-claims. which did not meet the requirements of the Discovery request. None of the requested documents were presented. in fact. Elements of Proof. 2011 . Motion to Recuse Page 4 of 11 February 7. one dated 2/20/09 before Complaint filed. Proof of Facts 3d 459. Ocwen never proved standing. filed 12/11/09 Exhibit G: Plaintiff’s Response to Defendant’s First Request for Production of Documents from Ocwen. Ocwen was given a date. filed 11/11/09 A court "cannot confer jurisdiction where none existed and cannot make a void proceeding valid. Ocwen had 30 days to respond. #17)." People ex rel. Responding party’s failure to respond to discovery request 3.R. Judge usurped Jurisdiction where none existed. pursuant to Wis. and that W_______ did not consent to the proceedings for those reasons… however the Judge made a judicial decision contrary to all law that he did. filed 12/17/09. against all objections.. which would have proven W_______’s counterclaims. W_______ never knowingly gave jurisdiction to the Court. Jur. Ocwen responded 10/14/09. Gowdy v Baltimore & Ohio R. 92. Nothing submitted proved Ocwen’s ownership of the mortgage and note. filed as Exhibit F on 8/26/09. filed 12/11/09 Notice of Facts #1.2d 255 (1943). the Court had no jurisdiction.

1994). Judge denied addition of necessary parties to suit W_______ requested necessary parties be added to the lawsuit. and totally ignored W_______’s affidavits Affidavits were signed by Ocwen’s lawyers. 5. though final and on the merits. Judge allowed fraudulent and perjured affidavits and documents from Ocwen. or order procured by fraud. p. on noticed motion. or lacks inherent power to enter judgment. so the truth and facts could be brought forward through witness and documents necessary to prove W_______’s counter-claims. Ocwen’s pleadings make no allegation of how. Village of Lake Barrington. or where it is obtained by extrinsic fraud. Motions to strike those affidavits were denied. and Motion to Strike.” Papers filed into Court record: Notice of Objection to Challenge Testimony.App. Balter (1993) 14 Cal. either directly or collaterally.2d 66 (Ill. which is one entered by court which lacks jurisdiction over parties or subject matter. 2011 . (Reid v. 2 Dist. "Obviously a judgment. 828. Affidavit Concerning Possible Fraud. and perhaps for excess of jurisdiction. 1194. Not one competent fact witness was ever in the Court. filed 7/13/09… IGNORED. 644 N. filed 7/13/09… IGNORED.App. subdivision (d). W_______’s affidavits were not considered at all. Procedure. filed 9/14/09… DENIED.4th 1186. in any court. may set aside void judgments and orders. Section 437. can be attacked at any time. provides that a court. Judgment. Courts also have inherent power to set aside a void judgment." (7 Witkin. Affidavit in rebuttal to Ocwen’s Affidavits. or by what method or mechanism Ocwen allegedly became an “owner” or “holder” or came into possession of the alleged Note. who had no personal knowledge and were not competent fact witnesses. when. Motion to Recuse Page 5 of 11 February 7. or under what circumstances. § 286. supra. has no binding force and is subject to collateral attack if it is wholly void for lack of jurisdiction of the subject matter or person.). filed 9/14/09… DENIED 6.E.“A void order.). Papers filed into Court record: Notice and Motion for Joinder of Necessary Parties (with Brief in support of) filed 10/16/09… DENIED. Brzica v.” People ex rel. Cal. Notice of Objection to Challenge Testimony. where.

its unknown if these two individuals even exist. and upon that fraudulent “evidence” gave summary judgment to Ocwen.7. with no endorsements. and at this point in time. A court may also abuse its discretion when the record contains no evidence to support its decision. 952 F. 1122 (9th Cir. who had no personal knowledge. Judge allowed illegal copies. D) which the Judge had specifically said WOULD be added to the court file as evidence. W_______ discovered that: A) the one piece of “evidence” (fraudulent promissory note). said promissory note was “signed” with scribbled and unreadable initials. B) upon which fraudulent evidence the Court made their summary judgment on 12/17/09 with material facts unresolved. she was handed the court file to see the documents filed since the Summary Judgment. of which there is no way to know WHO has copies. including all endorsements required by law. signed over to anyone apparently who had a copy of said promissory note. Scott Anderson and Leticia Arias did Motion to Recuse Page 6 of 11 February 7. MGIC v. C) which evidence W_______ had specifically asked to be added to the court file as she knew it was fraudulent but was not at that time sure of how to fight it. as she had requested copies of that information. instead of originals W_______ demanded proof of standing by way of the ORIGINAL Mortgage and Promissory Note. which she had never received. Upon examination of the court file. Note also that on the date W_______ filed the Temporary Restraining Order (2/2/09). In addition. Moore. 2011 . Judge allowed illegal “Assignment of Mortgage” Judge allowed an “Assignment of Mortgage” that was signed by known robo-signer Scott Anderson and notary Leticia Arias. the copy of the promissory note was signed “In Blank”. 8. Judge allowed a copy. E) was NOT IN THE COURT FILE. Ocwen had miraculously produced (after eight months) on 12/17/09.2d 1120. In addition.'91).

8. and deeds to secure debt used by the “foreclosure mill” law firms3and their servicer clients in an attempt to establish standing and authority to foreclose and recreate chains-of-titles to mortgages and promissory notes that have been intentionally and admittedly lost and/or destroyed to conceal the fact that the real and lawful owner of such promissory notes. page 1. and in the later production of these fraudulent documents by Lender Processing Services. before Summary Judgment was pronounced. 2011 . Judge “read” my 60+ counterclaims and dismissed them all as unimportant. which designation has been rejected as having no legal authority in courtrooms across the country. Theresa B. taken from page 36 of “Unfair. took approximately 3 minutes. The reading of counterclaims and denial thereof. attorney's office for the middle district of Florida for alleged false. all of which were dependent on the Discovery documents requested to prove W_______’s counter-claims. incorporated fully herein). Deceptive and Unconscionable Acts in Foreclosure Cases. and which Discovery documents were denied. fraudulent. deeds of trusts. and forged assignments of mortgages. Edwards and Rene D. Economic Crimes Division (See document called “Florida-AttorneyGeneral-Fraudclosure-Report-Unfair-Deceptive-and-Unconscionable-Acts-in-Foreclosure-Cases.pdf” on the attached CD. No material facts were EVER discussed. it was assigned by MERS “as nominee”.NOT sign the Assignment of Mortgage… these are forged signatures (see Exhibit K2). prepared by June M. Clarkson.S. LPS is now under a federal criminal investigation by the U. 2 Exhibit K. and MERS is being investigated by numerous Federal and State agencies for their part in this fraud. Judge ignored request for trial by jury and proceeded to illegal Summary Judgment Judge allowed NO trial in between presentation of fraudulent Promissory Note and Summary Judgment. Harrod for the Office of the Attorney General. Motion to Recuse Page 7 of 11 February 7. In addition.

Furthermore. Rptr. filed 12/17/09 A judgment is void on its face if the trial court exceeded its jurisdiction by granting relief that it had no power to grant.W. 101 [50 Cal. Roberts v.W.Papers filed into Court record: Notice and Demand for Jury Trial. 706 N. 2004 WI 76. Wis. Research Prods.2d 258. 408]. including pleadings. summary judgment is appropriate only if there are no genuine issues of material fact. Inc. v. because Ocwen does not have standing. at the same time as having to try to pack an entire household. 2d 93. App. v. 272 Wis. and the Court does not have jurisdiction! CONCLUSION This document may be incomplete as I was given all of five days to research and prepare it. and the moving party. When asked if there was anything I should be doing in that five days. Corp.2d 170. EVIDENCE AND BURDEN OF PROOF: The Supreme Court of Wisconsin stated in AccuWeb: “As we noted previously.. Jurisdiction cannot be conferred on a trial court by the consent of the parties. “PACK!” making it clear he intended to Motion to Recuse Page 8 of 11 February 7. 298 [1 Cal.2d 561. W_______ DOES NOT CONSENT! As stated repeatedly and clearly throughout all her motions and “on the record” in the court. 2d 295. depositions. is entitled to judgment as a matter of law. answers to interrogatories. the “burden is on the moving party to prove that there are no genuine issues of material fact. § 802. 286 Wis. Roberts (1966) 241 Cal. Stat.” AccuWeb. Superior Court (1959) 53 Cal. 308 Wis. ¶ 19. summary judgment materials.2d 178. ¶ 13.2d 668]. 347 P.08(2). Stat 805. ¶ 21 (2008). 2011 .01(02) Judicial Notice – Summary Judgment in Wisconsin. Foley & Lardner. and admissions on file are viewed in the light most favorable to the nonmoving party. pursuant to Wis. The listing here of filed papers is only a small part of my written documentation. 324. having established a prima facie case.) PLEASE TAKE NOTICE REGARDING WISCONSIN SUPREME COURT RULINGS REGARDING SUMMARY JUDGMENT. the Judge said.” Central Corp. Rainbow Country Rentals.2d 95. Also. filed 8/26/09. Rptr. 681 N. (Summers v.

2011 . patient. and/or a securely attached allonge. should have been in their possession as holders in due course at the time of filing of the original Complaint. as he systematically stripped me of all due process rights. irregardless of how foreclosures have been handled in the past.rule against me. I believe he was following “standard procedure” for foreclosure cases. The judge was polite. and the fact that Ocwen and its lawyers clearly do not have standing and have committed fraud upon the court. ignoring the multitude of material facts. THEN Discovery and trial by jury could move forward. and only a little sarcasm. attempting to efficiently expedite cases out of the court system. In fact. I do not think his impartiality was based on personal bias or prejudice. yet again. and in fact. However. in order to prove standing. like federal courts. those documents by law should have been brought forward immediately when requested. and at the same time maintain the status quo. have a constitutional obligation to safeguard personal liberties and to uphold federal law. He chose instead to give Ocwen summary judgment." The Judge has deliberately violated W_______’s personal liberties and/or has wantonly refused to provide due process and equal Motion to Recuse Page 9 of 11 February 7. did not display irritation. Instead this Court went from fraudulent documents to summary judgment within a matter of about five minutes. "State courts. All DENIED AND IGNORED by Judge! If standing had been proven. it was and is the Judge’s duty to follow the law and demand Ocwen prove standing or dismiss the case with prejudice. not one of which was dealt with. At the absolute bare minimum. with the clear fact that the entire mortgage system is based upon fraud ab initio as evidenced in hundreds or thousands of litigating cases nationwide. ignoring all law and the Constitution he took an oath to protect and defend against all enemies. together with all endorsements directly on those documents. despite all Federal and State law to the contrary. foreign and domestic. Ocwen was required to produce the ORIGINAL Promissory Note and Mortgage.

Sept. 96 S. any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law. W_______ respectfully demands 1. and impartial hearings. 483 n. under the Authority of the United States. Ed. 06-2090. Moore. liberty. their claims must be dismissed for lack of subject matter jurisdiction.2d 1120. and all Treaties made. 2007). “in which his impartiality might reasonably be questioned. “Plaintiffs have the burden of establishing standing. which was made with all material facts still at issue. 433 F. “If they cannot do so. 428 US 465.'91). 2005). including this one. would question the judge's impartiality. shall be the supreme Law of the Land. Motion to Recuse Page 10 of 11 February 7. 2d 1067 (1976). Copies of all relevant documents. Void the illegal summary judgment made on December 17. apprised of all the facts and circumstances.” "The neutrality requirement helps to guarantee that life. or Judge recuse himself in light of the evidence detailing unethical and/or illegal conduct. 199 (2nd Cir.” Loren v. 35. 3037. one outcome of these three: Therefore. Merck-Medco Managed Care. Blue Cross & Blue Shield of Michigan. Dismiss this case for lack of subject matter jurisdiction with prejudice. OR 2. RELIEF The United States Constitution3 guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS. 3 Article 6 of the United States Constitution: “This Constitution. with instructions to either start an investigation or to include my information into their existing investigations regarding acts of felony conspiracy (RICO).” A court may also abuse its discretion when the record contains no evidence to support its and has behaved in a manner inconsistent with that which is required for full. 2007 WL 2726704 at *7 (6th Cir. (citing Central States Southeast & Southwest Areas Health and Welfare Fund v. 3. No.” Id. Ct. and the Judges in every State shall be bound thereby. or which shall be made. MGIC v." This is applicable to this court by application of Article VI of the United States Constitution and Stone v Powell. 49 L.” and “if a reasonable person. and the Laws of the United States which shall be made in Pursuance thereof. 2011 . 20.3d 181. fair. will be sent to a number of Federal and State agencies that are presently looking into the corruption and fraud swirling around the foreclosure industry. 952 F. 2009. 1122 (9th Cir.

and counsel for Federal Home Loan Mortgage Corporation. Pro Se Address Phone Maxim of law: Fraud vitiates all contracts! CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of each of the afore-listed documents was served upon counsel for Ocwen. 2011 by: _______________________ ____ __ W_______ Motion to Recuse Page 11 of 11 February 7.This documented signed on the 7th Day of February. Signed the 7th day of February. 2011 . or whomever is in court on February 7. Blommer Peterman. 2011. by: ______________________________ Name W_______. Gray Associates(?). Service was by hand. 2009 regarding this matter.