Article 32 Petition For Relief From Wrongful Foreclosures
Will be sponsored by New Hampshire Legislators
Rep Tim Commerford & Rep John Hikel
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We, the undersigned People of New Hampshire, come forth to Address and Instruct Our New Hampshire Legislature regarding 1) the Corruption of the County Land Records and 2) the abuse People have suffered at the hands of the Courts of this State in foreclosure cases.
Example re #1) - The Land Records are relied on for accuracy yet Assignments of Titles are not required to be filed thus leaving future buyers of land in Jeopardy via law suits by the Real Owners of the Property once a Securitization Audit is done. The lack of filing requirements has also led to a great loss of revenue to the people of our Towns and Counties.
Example re #2) - People like Mrs. Marie Miller of Farmington, a 74 year old widowed German immigrant, are being removed from their homes without the equal protection and due process of law.
In 2008, Mrs. Miller demanded that NationStar "exhibit the instrument" proving that NationStar was indeed the "holder of the note", but the they refused to comply with NH RSA 382-A:3-501.
One year later, on June 26, 2009, Superior Court Judge Kenneth Brown issued an Order giving NationStar 21 more days to produce the original documentation. NationStar failed to do so.
Judge Brown was thereafter replaced by Associate Justice Marguerite Wageling.
On November 23, 2009, despite Marie Miller's Due Process Rights to a Trial by Jury, Judge Marguerite Wageling ignored Judge Brown's June 26, 2009 Order and NH RSA 382-A:3-501 and granted Summary Judgment to NationStar.
In 2011, Mrs. Miller Petitioned the NH General Court for protection and relief from Judge Wageling's 2009 order. The Redress Committee found Judge Marguerite Wageling guilty of having denied Marie Miller's due process Rights yet the General Court failed to follow through with any sanctions against the Judge nor did they provide Marie Miller with any relief.
It was discovered in 2012 that JPMorgan Chase Bank was actually the holder of Marie Miller's note but the Courts refused to hear anything further about this case.
In mid October 2013, Mrs. Miller was needlessly evicted from her home and her belongings were thrown into a 40 yard dumpster. About 5 days later, After the dumpster was full, the Court Ordered that Mrs. Miller be given several hours to collect the balance of her property.
Authority To Petition
We bring Our Grievances to this General Court according to the New Hampshire Constitution, Part 1, Article 32 which states, "The People have a Right, in an orderly and peaceable manner, to Assemble and Consult upon the common good, give instructions to their representatives, and to Request of the Legislative Body, by way of Petition or Remonstrance, Redress of the wrongs done them, and of the Grievances they Suffer."
Authority To Be Heard
We request a hearing of Our Grievances from this General Court be scheduled according to the New Hampshire Constitution, Part 1, Article 31 which states, "The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require."
Regarding Article 8:
New Hampshire Constitution, Part 1, Article 8 states in part: "All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. ..."
We the People of New Hampshire therefore desire accountability from Our Public Servants for the corruption of the Land Records and the Lack of Due Process in Foreclosure hearing.
Regarding Article 10:
New Hampshire Constitution, Part 1, Article 10 states: "Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind."
We the People of New Hampshire therefore desire to reform that part of the government that has allowed statutes like RSA 382-A:3-501 to be blatantly ignored by the Courts. We believe the Courts Lack of Accountability to the Elected General Court to be a primary cause of this problem. See the Part 2, Articles 72-a and 73-a.
Regarding Article 12:
New Hampshire Constitution, Part 1, Article 12 states in part: "Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property; he is therefore bound to contribute his share in the expense of such protection, and to yield his personal service when necessary. But no part of a man’s property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. ..."
We the People of New Hampshire therefore desire an end to the abuse of Wrongful Foreclosure Victims. We have not consented to such treatment from Our Courts or the Corporations licensed to do business in Our State. See Dishonor at http://www.gencourt.state.nh.us/rsa/html/XXXIV-A/382-A/382-A-3-501.htm
Regarding Article 20:
New Hampshire Constitution, Part 1, Article 20 states in part: "In all controversies concerning property, and in all suits between two or more persons except those in which another practice is and has been customary and except those in which the value in controversy does not exceed $1,500 and no title to real estate is involved, the parties have a right to a trial by jury. ..."
We the People of New Hampshire therefore desire that these issues be heard by a fully informed Jury which is capable of judging both the Laws and the Facts, each and every time there is a claim of Wrongful Foreclosure.
Regarding Article 35:
New Hampshire Constitution, Part 1, Article 35 states in part: "It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the Supreme (and Superior) judicial court should hold their offices so long as they behave well; ..."
We the People of New Hampshire therefore desire that a Simple Procedure be established for We the People to be able to remove all Judges which fail to behave well in any matter that involves Real Property.
Regarding Article 38:
New Hampshire Constitution, Part 1, Article 38 states: " A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives, and they (the People) have a right to require of their lawgivers and magistrates, an exact and constant observance of them (fundamental principles of the constitution), in the formation and execution of the laws necessary for the good administration of government."
We the People of New Hampshire therefore desire that a Simple Procedure be established to remove any Magistrate (Judge) or Lawgiver (Legislator) that does not exactly and constantly adhere to the Fundamental Principles of Our Constitution.
We further desire that this process be accessible at least 3 days per week and that this process be reasonably expedient for People to Execute.
We, the People of New Hampshire for the reasons stated above and for other reasons to be brought forth in testimony, do herby submit to the General Court this Constitutionally Supported Petition seeking a hearing to be scheduled at the General Courts earliest convenience for the purpose of resolving this ongoing financial crisis and do hereby offer the following suggestions as some of the possible remedies to these problems.
1) Whereas Mrs. Miller is now 74 and incontrovertible evidence now exists to prove she clearly was abused by the NH Courts since 2009, We the People of New Hampshire require that Mrs. Miller's Wrongful Foreclosure be immediately reexamined so that she may be properly compensated for the stress and damages she has suffered at the rate of 3 times the amount of her actual losses.
2) Whereas the lack of good laws regarding the Recording of Mortgage Assignments at the County Land Records has led to a tremendous loss of revenue to the towns and the County, We require a law be enacted to electronically review all 10 County Land Record databases, beginning in the year 2000, for the loss of filing revenue and that this law include enforcement provisions for the recovery of these losses from the institutions that have evaded these fees due to the people.
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