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Maxims of Law Still Matter

http://www.youarelaw.org/maxims-of-law-still-matter/

The standing rules of Common Law (Natural Law)

NOT LEGAL ADVICE – DO YOUR OWN HOMEWORK AND SEEK COUNSEL WHEN NEEDED

  1. A party may not always have a right to a claim.
  2. A party always has a right to a counter claim.
  3. A counter claim in Admiralty must be answered, cannot be dismissed by a judge (unless you give permission).
  4. A party must have legal standing to bring a claim.
  5. A party must be damaged in order to have standing to bring a claim.
  6. A bank cannot risk its assets or the assets of its stockholders or depositors to make a loan.
  7. If a bank cannot risk, it cannot be a damaged party and cannot have legal standing to bring a claim.
  8. A claim must be proven if a debtor demands proof.
  9. A debtor may demand the original wet ink signature note as proof of claim.
    The claimant must provide the original note as proof of claim if it is demanded.
  10. A trustee in Bankruptcy is required to bond a case for the total amount of the debt plus court costs and Attorney fees.
  11. If a trustee in a Bankruptcy case is not properly bonded, the clerk of the court is responsible to cover the balance of the case with their bond.
  12. If an officer of the court causes dishonor, their bond must be forfeited to cure their dishonor.
  13. Any officer of the court who forfeits their bond loses their job.

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3 Responses

  1. Mary says:

    I’m in a bit of a quagmire and trying to decide what next action is best to take with the court. My case arises from a CW refinance in 2007 where I paid 17,000. (10,000. prepay) and recieved an increased mtg payment by 500. a month. Bought a “guarantee to defaul”.
    After that followed 5 Notice of Default, two modifications, each transaction applied more financial damage illogical one of the mods cost $25,000 in total. I have been in Circuit Court pro se litigation to the best of my ability I started out very weak and inexperienced in law and judicial proceedure. After two years of litigation the court granted SJ to the criminals against my wet ink originals very strong even corrections by hand I made of forgery into application by mtg broker fron CW is very apparent where she tried to induce me to barrow 120,000.00 more than I needed. Long story short I filed a notice of appeal after that ruling and unfortunately could not finish the opening brief completely when due. It was filed one day late due to inet problems and incomplete. So I then filed a motion to amend the brief and thats where I stand now. Recently this case BOA V Nash shows how CW was never properly registered as to do the mortgage business they did in most states. I am thinking I will file a 60(b) motion to the original and lower court stating new evidence for a reversal or even filing a comlaint and independant action also enjoining attorneys (they have screwed me and its on record) CW/BOA to add to BONYM CWABs Inc. only party listed on complaint. My question is can I file a 60(b) motion when the case is in the appeal court? Is this a good idea? Mary

    • MJT says:

      All of this is interesting but has nothing to do with going on the offense You cant win with only a defense on the field. You need to get engages in filing your own suit/claim in a court of record, where YOU get to set the rules of evidence.

  2. mark says:

    I suggest reading the Maxims of Equity too, there are only 12 and no. 5 is key! better to know them than a whole slew of statutes and codes

    The twelve equitable maxims are:

    1. Equity will not suffer a wrong without a remedy.
    2. Equity follows the law.
    3. Where there is equal equity, the law shall prevail.
    4. Where the equities are equal, the first in time shall prevail.
    5. He who seeks equity must do equity.
    6. He who comes into equity must come with clean hands.
    7. Delay defeats equities.
    8. Equality is equity.
    9. Equity looks to the intent rather than the form.
    10. Equity looks on that as done which ought to be done.
    11. Equity imputes an intention to fulfil an obligation.
    12. Equity acts in personam.

     

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