Alexander Harvin v. JPMorgan Chase Bank, N.A., et al.
DueProcess JusticiabilityDoctri
Could the Petitioner have raised the issue of wrongful/illegal foreclosure in the 2014 court proceedings?
question presented is could the Petitioner have raised the issue of wrongful / illegal foreclosure in the 2014 court proceedings? The State Courts of Georgia have developed a process which guarantees that the foreclosing entity will always win any challenge to the foreclosure by the homeowner. Federal Courts must follow suit because this process has been defined as Georgia Law. No homeowner in Georgia who has filed a legal challenge to a foreclosure has ever won in Georgia’s state or federal courts. > The process works in this manner: (a) the homeowner files an action against the : foreclosing party in Superior Court, (b) the lawyer for the foreclosing entity files a motion to dismiss : arguing that the Assignment of Security Deed is a contract, which the homeowner is not. a party to, (c) discovery is denied pending resolution of the . motion to dismiss (d) without hearing any testimony or viewing supporting evidence that confirms the Assignment is a contract, the state court judge always declares the document is a contract and acting under color of law invokes O. C. G. A. § 9-2-20, telling the homeowner he / she has no standing to challenge the Assignment of Security Deed, in Georgia the foreclosing party always gets a free house, and the federal courts always affirm. 2. The second question presented is whether the application of O. C. G. A.§ 92-20 by Georgia’s state and federal judges acting under color of law deny homeowners their constitutional rights to Due Process and Equal Protection of law? In Georgia ninety-nine-point nine percent of all judicial challenges to non-judicial foreclosures are initiated by pro se litigants. Georgia’s state and federal courts consistently tell these pro se litigants that the Assignment of Security Deed is a contract that you have no standing to challenge, and they routinely tell the pro se litigant that they will not be allowed to pursue any form of discovery. 3 3. The third and final question presented is when the state or federal court applies O. C. G. A. § 9-2-20, and halt discovery, is this a violation of the . constitutional right to unhindered access to the courts? In many of these cases the state court judges allow the lawyer representing the foreclosing party to draft the order denying relief and the judge signs it.