Beat the Bank in Foreclosure!

Foreclosure Defense
How to Fight Mortgage Foreclosure & Keep Your House, or
HOW TO GET YOUR HOUSE FOR FREE (OR AT A DISCOUNT!)
A PRIMER TO PRO SE MORTGAGE FORECLOSURE DEFENSE By ALEXANDER OLIVER, J.D. Tell 'em you heard about it from Jeff
http://beatthebankinforclosure.com/index.html

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This is just what you are looking for!
Lawyers and the legal system keep people in the dark so that when someone or a corporation gets sued, they must hire a lawyer in order to navigate through the maze of law and procedure to come out with a satisfactory resolution to the legal problem. Most, if not all lawyers, will not tell you what to do. There are more than 50 pages of actual forms & pleadings used in different state courts in the USA

Read On!
According to CNN people who fight their foreclosures are staying in their houses for years…
http://money.cnn.com/2011/12/28/real_estate/foreclosure/index.htm

Foreclosure defense involves fighting back against a lender who is trying to foreclose to either stall the foreclosure process or stop it altogether. A brief history lesson puts the practice in its proper context. In the old days, mortgages were originated and held by the same lender for the entire life of the loan. If there was a problem, you could simply call your local banker, explain your circumstances and it would be in his or her best interest to work something out. Unfortunately, things don’t work like this any more. The odds of getting a decision maker on the phone at your bank are about as good as winning the lottery.

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Learn about how you too can defend your mortgage foreclosure lawsuit with specific tips and methods to beat the bank. Just follow the steps in the book

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Foreclosure Defense: Foreclosure Rescue Fraud
Posted on May 28, 2012 by Foreclosures Defense Foreclosure Rescue Fraud Foreclosure rescue fraud is a variety of schemes targeted at home owners already facing foreclosure a nd financial distress. Typically, a home owner is identified using public notices of foreclosure by a “rescuer” and is promised that the “rescuer” will save the home owner’s home. These schemes generally come in three forms. One, known as “phantom help,” is when a “rescuer” charges the home owner unreasonable fees for paperwork and/or phone calls that could have easily been performed by the home owner or makes a promise for assistance that never occurs. The home owner is usually left without enough assistance to save the home and no time to find some other assistance. The second is a bait-and-switch scam where the home owner signs documents that he typically believes is an agreement to make the mortgage current, but he is really signing over the ownership of the home. Many of this type of scheme involve fraud and forgeries of deeds. The third is a bailout that typically involves the home owner signing over the ownership of the home with the belief that he will be able to get the home back. Generally, the home owner becomes a tenant of the “rescuer” on terms that are often unaffordable and oppressive. This type of scam is often interpreted by courts not as a conveyance of the home, but as an equitable mortgage – a loan by the “rescuer” to the home owner. http://foreclosuresdefense.org/

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small price - huge info
Here's just some of what you get... ________________________________________

Table of Contents

1. 2. 3.

Overview: The Stages of a Lawsuit (especially in Florida) Notice of Default and Notice of Acceleration of the Loan – Default in Payment to the Bank Different States have different rules (Where you can find them)

4. The filing of the Law suit for foreclosure by the Bank (The commencement of the law suit) & Due Process of Law 5. Responsive Pleadings ( responding to the lawsuit filed by the Bank) – Different Kinds

6. Attacking the Legal “Capacity” of the Plaintiff ( the Mortgage Company or Trust/Trustee suing you) – a very technical, legal issue, but very powerful. 7. Attacking the Standing of the Plaintiff (the Mortgage Company or Trust/Trustee suing you) – another very technical, legal issue. 8. A) B) C) D) 9. A) B) C) D) 10. A) B) Motions to dismiss the lawsuit For Failure to State a “Cause of Action” For Lack of Capacity Standing Jurisdiction Discovery – tools one may use to get ready to deal with the Bank at trail and mediation Interrogatories Requests For Production of Documents and Things Requests for Admission(s) Depositions Mediation with the intent to modify the loan, and other Options (after or during Discovery) Loan modification Deed in lieu of foreclosure

C) 11.

Short Sale Amending your pleadings after “Discovery”

12. Setting Hearings before Judges and General Masters 13. Going to Trial 14. Appeals APPENDIX: Forms that have been used in different courts ( which may be helpful to you in constructing your own or in locating forms in your state and county that may be applicable to your situation). Law libraries in public places, law schools and county and state law libraries have vast collections of aids to help litigants wade through lawsuits, discovery, depositions, motions, mediation, trials, post trial motions, appeals, and bankruptcy.

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INTRODUCTION The major focus of this e-book is how to fight a mortgage foreclosure lawsuit in a judicial foreclosure state. One must have a sense of mission or purpose at the outset of the decision to fight or try and fight a mortgage foreclosure without hiring a lawyer. There are not many lawyers out there anywhere that know how to actually effectively fight a mortgage foreclosure law suit, although there are some. There are many circumstances in our modern world that bring about the actual filing of a foreclosure complaint by the bank or the bank’s representative against a homeowner. The economy now is the worst in the USA since the Great Depression. Many people are losing their jobs. Many people have serious illnesses that prevent them from working. The US dollar is losing its value and the price of oil is going up very rapidly. At the outset of a mortgage foreclosure proceeding, one must try and establish a goal: Do I want to seek a modification? Am I eligible? Do I want to seek a short sale? Will the bank cooperate? Do I want to fight and try and keep my house, no matter what? Should I file for bankruptcy? If you have a mortgage that has been placed into a securitized trust, you may have an excellent chance of beating the bank if they have not properly transferred your note and mortgage into the trust . There is a Pooling and Servicing Agreement that sets for the rules for the trust to acquire your note and mortgage. By now, many people have heard of “robo signing”. It is real. Many trusts attempt to foreclose on mortgages promissory notes that they don’t own. Terminology such as “holder” and “holder in due course” must be learned. And you must learn to understand what it means and how it applies to trusts that claim to own or hold your note and mortgage. Often times in foreclosure cases involving securitized trusts there has been no assignment of mortgage into the trust at the time the lawsuit is commenced. This is an absolute bar to the Trust in proceeding in the law suit. One must be able to go through the documents, identity the assignment of mortgage, and look at the dates.

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How to Fight Mortgage Foreclosure & Keep Your House, or HOW TO GET YOUR HOUSE FOR FREE (OR AT A DISCOUNT!) A PRIMER TO PRO SE MORTGAGE FORECLOSURE DEFENSE By ALEXANDER OLIVER, J.D. http://beatthebankinforclosure.com/index.html

Tell 'em you heard about it from Jeff There are more than 50 pages of actual forms & pleadings used in different state courts in the USA
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CHAPTER1: OVERVIEW OF A LAWSUIT - STAGES OF A LAWSUIT A lawsuit is commenced when the plaintiff ( the person or entity starting the suit) files the complaint with the clerk of the court and has the clerk issue a summons. A copy of the Complaint and summons must be personally served on the defendant – the person being sued. In mortgage foreclosure cases, the bank does the suing and is the “plaintiff” and also the “mortgagee”. The defendant in the mortgage foreclosure suit is the homeowner/”mortgagor” who owes the money to the bank for the promissory note and mortgage. Below is an outline of how the law suit progresses: I. Pleading • A. The Complaint • B. Responsive Motions • C. Answer • D. Counterclaims • E. Cross claims and Third-Party Claims • F. Amendment of pleadings II. Pretrial Procedure • A. Discovery • B. Discovery Methods • C. Protective Orders • D. Sanctions III. Disposition Without Trial • A. Voluntary Dismissal • B. Involuntary Dismissal • C. Summary Judgment IV. Trial

• A. Demand for Jury ( not in mortgage foreclosures – but may apply to counterclaims) • B. Jury Selection ( see comments to A above) • C. Opening Statements • D. Motion for Directed Verdict • E. Closing Argument • F. Jury Instructions (see A above) • G. Verdict • H. Judgment V. Post Trial Proceedings • A. Enforcement of a Judgment • B. Relief from Judgments • C. Ancillary Proceedings VI. Conclusion VII. Bankruptcy __________________________________________________

CHAPTER 2 : DIFFERENT STATES HAVE DIFFERENT RULES

In the United States each state has its own legislature and makes its own laws. Laws made by the legislature are called statutes. Each State has its own court system and applies the laws of its states according to precedent – or previously decided cases in that particular state. The law made by appellate courts is called “common law” – or “black letter law”. The state’s statutes can be found online using Google search or Google Scholar search. have “judicial foreclosure”, and some are “non-judicial foreclosure”. Some states

In “judicial foreclosure” states a bank or its servicer, or a trust through its trustee, must sue you in court after giving you the required notice (see Chapter 1). After the proper notice of acceleration and default has been mailed to the homeowner/borrower/”mortgagor”, the bank may properly start a lawsuit for a foreclosure proceeding. In the law, a law suit is called a “cause of action”. So, after the proper notice of acceleration has been given by the mortgagee(bank or servicing agent) to the mortgagor ( homeowner/borrower) the bank may commence it s “cause of action” to foreclose on the mortgage and enforce the payments due under, and according to, the promissory note. The bank commences the filing of the lawsuit by paying a fee to the clerk of the court in the county where the property is located and by filing the proper papers. The papers filed with the court must be served on the homeowner/borrower by a process server who is authorized by law, or a deputy sheriff authorized by law to do so. In non-judicial foreclosure states, the bank or servicer only has to give you the acceleration notice, usually by certified mail and demand that you become current or pay the entire amount due, or they

foreclose on the property and have it sold on the courthouse steps. In non-judicial foreclosure states, like California, one must usually go to bankruptcy court in order to stop the foreclosure and obtain any kind of meaningful relief. A good bankruptcy attorney can help you resolve your non-judicial foreclosure and even get you some very positive results if that bankruptcy lawyer has a working knowledge of the relationship between the non-judicial foreclosure process and bankruptcy law. If your mortgage is in the hands of a “securitized trust”, a good bankruptcy lawyer can save your house. Each state hand les their real estate foreclosures differently. It is important to understand those differences and know your specific state’s procedures. The terms used and time frames vary greatly from state to state.

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How to Fight Mortgage Foreclosure & Keep Your House, or HOW TO GET YOUR HOUSE FOR FREE (OR AT A DISCOUNT!) A PRIMER TO PRO SE MORTGAGE FORECLOSURE DEFENSE By ALEXANDER OLIVER, J.D. http://beatthebankinforclosure.com/index.html

Tell 'em you heard about it from Jeff There are more than 50 pages of actual forms & pleadings used in different state courts in the USA
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THE CONSTITUTIONAL GUARANTEE OF DUE PROCESS OF LAW
Amendment 14 to the US Constitution and most state constitutions of states in America have a “Due Process Clause”. The Due Process Clauses guarantee that individual be given due process. Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so that judges - instead of legislators - may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation

of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically.

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CHAPTER 4: RESPONSIVE PLEADINGS (responding to the lawsuit filed by the Bank)THERE ARE DIFFERENT KINDS

If you are the homeowner/”mortgagor” being sued buy the bank, after you have been properly served YOU MUST RESPOND. Every state has a different time requirement. This is where you have to look in the Rules of Civil Procedure, or CPLR in New York. In Florida for example, one must file a responsive pleading within 20 days of being served. Failure to respond could result in a Clerk’s Default being entered against you.

The Various Kinds of Responsive Pleadings are

1)

An Answer

After the Defendant is served with the complaint, he must respond to it, usually within 20 days in many states, but the time limits vary. There are several options at this stage. Typically the Defendant files an answer, which responds to each allegation of the complaint and which may set forth one or more defenses.

2) Affirmative Defenses Under the rules of civil procedure, "affirmative defenses" must be asserted in a responsive pleading or motion to dismiss or they will be waived. Affirmative defenses are those defenses that "avoid" rather than deny. For example, the statute of limitations is an affirmative defense. By raising this defense, the Defendant asserts that even if the Defendant committed all of the acts alleged by the Plaintiff, the Plaintiff has no cause of action because the action was not filed in a timely fashion. In that respect the claim is "avoided," rather than denied.

3)

Responsive Motion (This may be the best thing to do first.)

In lieu of, or in addition to, filing an answer, the Defendant my move to challenge the legal sufficiency of the claims raised by the Plaintiff by filing a Motion to Dismiss. This motion is not a "pleading." The Defendant may argue that the complaint "fails to state a claim" OR “fails to state a cause of action upon which relief may be granted” that is, even assuming that the facts alleged in the complaint are true, the law does not recognize it as a cause of action.

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How to Fight Mortgage Foreclosure & Keep Your House, or HOW TO GET YOUR HOUSE FOR FREE (OR AT A DISCOUNT!) A PRIMER TO PRO SE MORTGAGE FORECLOSURE DEFENSE By ALEXANDER OLIVER, J.D. http://beatthebankinforclosure.com/index.html

Tell 'em you heard about it from Jeff There are more than 50 pages of actual forms & pleadings used in different state courts in the USA
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CHAPTER 8 Motions to Dismiss the Lawsuit
A) B) C) D) For Failure to State a “Cause of Action” For Lack of Capacity For Lack of Standing For Lack of Jurisdiction

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CHAPTER 9 - Mediation with the Intent to modify the loan, and other Options

After you have been served with a lawsuit, and after you have filed a responsive pleading or answer as explained above, you may request the court to set the matter for mediation to attempt to secure a loan modification, or you may contact the attorney for the bank and request that the bank agree to have a mediation to try and come to an agreement with respect to a modification. Once a date has been set, you will need to provide the bank or the bank’s attorney with a lot of personal financial information before you attend the mediation conference. At the mediation, your goal will be to try and convince the bank to lower the interest rate on your loan to lower your monthly payments, and move any arrearage due to the back of the loan – that is to say – request the bank to allow you to pay any amounts dues and owing at the time of the mediation that are outstanding to the end of the loan payment period. If the bank agrees to move the arrearage to the end of the loan period, you will be responsible to pay it at that time, as well as make the agreed upon payments in the interim. ________________________________________

MOTIONS AND GROUNDS TO DISMISS IN NEW YORK

2. Various Grounds to file a Motion to Dismiss in New York II. VARIOUS GROUNDS FOR DISMISSAL UNDER CPLR § 3211(a) 1. Documentary Evidence A motion to dismiss may be premised solely upon the existence of documentary evidence. This motion may be based upon the terms of a written contract, judicial records (such as judgments and orders), as well as a wide range of documents reflecting out-of-court transactions such deeds, wills, mortgages, and even written communications. It should be noted however, that an affidavit cannot by itself qualify as "documentary evidence." Generally speaking, however, an affidavit is the most common way of laying foundation for a "document" so that it may be considered by the court for purposes of obtaining a dismissal. The proscription against the use of affidavits in support of a motion to dismiss for legal insufficiency should not apply to a merely foundational affidavit used in connection with documentary evidence. These documents must establish conclusively, as a matter of law, that there is no legitimate claim. That is, the document must provide for a complete defense, leaving no triable issues. See also: CPLR 3211(a)(1) and (a)(7) Dismissal Motions - Pitfalls and Pointers 2. Lack of Subject Matter Jurisdiction Lack of subject matter jurisdiction may also serve as a basis for a motion to dismiss. A motion on this basis attacks the court's very power to even hear the matter. Determination of a motion here will likely be determined by reference to the constitution, statutes, and, occasionally, the rules that confer the

jurisdiction. Thus, a motion to dismiss for lack of subject matter jurisdiction will be granted where exclusive jurisdiction of the type of claim is given to another court, such as matters subject to administrative determination, claims subject to sovereign immunity, or an area where the legislature has provided for an exclusive remedy as with the Workers' Compensation Law. This objection cannot be waived. Subject matter jurisdiction cannot be acquired by consent, stipulation, waiver, or estoppel. As such, it can serve as a basis for dismissal at any time, even after the answering time has expired or even for the first time on appeal. 3. Lack of Capacity An action may also be dismissed where the plaintiff lacks the legal capacity to bring the lawsuit. That is, the plaintiff is trying to stand in another party's shoes and does not have the right to do so on their own. Examples of this type of situation include a debtor's attempt to prosecute a claim which is the property of the bankruptcy estate; an heir's attempt to object in probate proceedings; a party's invocation of a statute that does not provide for a private right of action; or a party's attempt to bring an action on behalf of a corporation which has not been authorized by its directors. The court will review such a motion to determine the capacity issue as of the time of service. It will also take plaintiff's allegations with respect to legal capacity as true. It should be noted, ho wever, that capacity is separate and distinct from the issue of jurisdiction. As such, a capacity objection can be waived if not raised by answer or motion. 4. Another Action Pending The CPLR also protects a defendant from having to fight a legal battle on multiple geographic fronts. It provides that a defendant may bring a motion to dismiss on the ground that there is another action pending between the same parties for the same cause of action which may bar a subsequent action from proceeding. The courts have broad discretion as to how to handle such a situation. It may dismiss the second action, stay of one of the actions, or order consolidation. In order to invoke this rule, the "other action" must be pending in a New York court, in a federal court within or without New York, or in a court in a sister state

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How to Fight Mortgage Foreclosure & Keep Your House, or HOW TO GET YOUR HOUSE FOR FREE (OR AT A DISCOUNT!) A PRIMER TO PRO SE MORTGAGE FORECLOSURE DEFENSE By ALEXANDER OLIVER, J.D. http://beatthebankinforclosure.com/index.html

Tell 'em you heard about it from Jeff There are more than 50 pages of actual forms & pleadings used in different state courts in the USA
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CHAPTER 9 - Mediation with the Intent to modify the loan, and other Options
After you have been served with a lawsuit, and after you have filed a responsive pleading or answer as explained above, you may request the court to set the matter for mediation to attempt to secure a loan modification, or you may contact the attorney for the bank and request that the bank agree to have a mediation to try and come to an agreement with respect to a modification. Once a date has been set, you will need to provide the bank or the bank’s attorney with a lot of personal financial information before you attend the mediation conference. At the mediation, your goal will be to try and convince the bank to lower the interest rate on your loan to lower your monthly payments, and move any arrearage due to the back of the loan – that is to say – request the bank to allow you to pay any amounts dues and owing at the time of the mediation that are outstanding to the end of the loan payment period. If the bank agrees to move the arrearage to the end of the loan period, you will be responsible to pay it at that time, as well as make the agreed upon payments in the interim. _______________________________________________

CHAPTER 12-SETTING HEARINGS BEFORE JUDGES AND GENERL MASTERS
After you get involved in your mortgage foreclosure defense case, you must learn how to get hearings set before the judge assigned to your case or a general master who might be assigned to your case to assist the judge. You must know the local rules where your case is pending in order to be able to follow them!!! THIS IS VERY, VERY IMPORTANT. Most states require the party wanting to set a hearing to mail a copy of the motion to be considered by the court to the court, with a copy being sent to the other party or the other party’s attorney.

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How to Fight Mortgage Foreclosure & Keep Your House, or HOW TO GET YOUR HOUSE FOR FREE (OR AT A DISCOUNT!) A PRIMER TO PRO SE MORTGAGE FORECLOSURE DEFENSE By ALEXANDER OLIVER, J.D. http://beatthebankinforclosure.com/index.html

Tell 'em you heard about it from Jeff
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This book explains the different stages of a law suit and tells the average person what to do and how to fight back. It also refers those who really want to fight back to other resources that can be successfully used to actually win a mortgage foreclosure complaint. It explains the different stages of the suit: 1) the filing of the complaint and summons by the bank; 2) what must be done after you have been served the lawsuit. 3) filing of responsive pleadings and an answer within the prescribed time periods; 4) conducting discovery to find out specific facts; 5) going to mediation to attempt to modify your mortgage, get the bank to agree to a deed in lieu of foreclosure, or conduct a short sale; 6) going to trial; 7) taking an appeal; and filing for bankruptcy. After you purchase this e-book, which has over 100 pages of information and forms, articles and pleadings that have been used in cases in the USA, you will be eligible to subscribe to my monthly blog/updates that talk about recent events and cases in the mortgage foreclosure world. This book has been written to help the average layperson understand what to expect in a mortgage foreclosure law suit in a “judicial foreclosure state”. Law suits are things that lawyers and judges understand, but the average person in the country does not have a clue about.

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AND MUCH MORE!
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About: Stop Foreclosure by showing fraud in the Land Records. Fight Foreclosure Fraud. Assignment Fraud in the Land Records. Mortgage Servicing Fraud becomes Wrongful Foreclosure - AAA Foreclosure Fraud. Texas rules of civil procedure rule 735 and rule 736 expedited foreclosure. Explained in easy terms includes examples and cases to follow. Separation of note and mortgage - bifurcation. Bryan Bly, Crystal Moore, Bobbie Jo Stoldt and many others. Nationwide Title Clearing. Florida Notary Public rules. Multi-hat wearing dummies. Vice President of two different mortgage lenders at the same time, and two months later, Vice President of yet another company, and on and on. MERS for dummies. Learn how to sever the collateral link. Business records affidavits and how to destroy them. Clouded titles. Power of attorney and their significance. Land records recordations and their importance. Broken chains of assignments and there importance in a court of law. The importance of jurisdiction and standing explained. TILA and RESPA violations are a long and drawn out battle. Specific laws with charts and graphs. Our system takes them out by the ankles. Standing or lack there of is the answer. We show you how. Wrongful Foreclosure, foreclosure scams, Land Records Fraud, Indenture fraud, it's all just another fraud. Notary Fraud is a big problem. Judicial and non judicial foreclosures and how they work. Assignment Fraud is national and rampant! Business record affidavits and what they mean. Mortgage Servicing Fraud, Clouded title, Bogus Assignments, broken chain of assignments, securit ies fraud, deceptive practices, Separation of note and mortgage, Bogus business records, investment fraud, Bank

Fraud, TILA violations, RESPA violations, FDCPA violations, bificuration. Learn how to sever the collateral link. ... common fraud schemes - Assignment as an instrument of fraud - fair debt collection and practices act - truth in lending act - Fannie Mae - Freddie Mac. Explained in easy terms includes examples and cases to follow. ... produce the note - breach of contract - standing - jurisdiction. Mers for dummies. ... Texas rules of civil procedure rule 735 and rule 736 expedited foreclosure. Business records affidavits and how to destroy them. ... stop foreclosure - Power of attorney - promissory note assignment - pooling and servicing agreement - Prospectus supplement - Bogus power of attorney. ... Deed of Trust - quiet title - Bailee letter - Securitization - chain of title - trustee - Notice of Assignment - Assignment of Mortgage. Power of attorney and it's significance. ... Stop Foreclosure - custodian - alleged fraud in the assignment - mortgage electronic registration systems. TILA and RESPA violations create a long and drawn out battle. Specific laws with charts and graphs. Our system takes them out by the ankles. Standing or lack there of is the answer. "Your Honor, the people I signed with are not here, nor are they being represented here."

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