Judges and Lawyers stealing homes!

What is the essence of theft? The ancient definition is “the secret and felonious abstraction of the property of another for the sake of lucre, without his consent”. Theft includes the actions of extortion, fraud, swindling, embezzlement and larceny.

What if the current legal system allows the grand scale theft of People’s homes? How would this happen?

Let’s take one step back to the fundamental law as expressed in this Constitution for the united States of America, Bill of Rights. The Fourth, Fifth and the Seventh Amendments clearly state that a human being cannot be deprived of three things without a trial by jury. These three things are life, liberty and property. These three Amendments have an ancient history dating back to 1215 with the signing of the Magna Carta by King John, albeit at the end of a sword.

Section 29 of the Magna Carta recognized this protection and guaranteed to the inhabitants of the realm the protection a trial by jury in all matters dealing with life, liberty and property. Even in the so-called Dark Ages men recognized that to put one person, the judge, in charge of another person’s life, liberty and property was to make that judge, the Lord and God of the person being tried.   Men recognized this God-given right of trial by jury protection for hundreds of years.

Now, let’s come forward to our so-called Modern Times. Is this protection being afforded to our Citizens who find themselves in a Mortgage Foreclosure Lawsuit? Right now in our current judicial system, Mortgage Foreclosure Lawsuits are being tried solely by Judges. Currently it is impossible to receive a Trial by Jury in a matter dealing with Mortgage Foreclosure Lawsuits.

In New Mexico even under the military rule of General Kearney during the 1850s, the right of a trial by jury in all matters dealing with life, liberty and property remained protected by military law.  Subsequently, during the time that New Mexico was a territory, for about 60 years, the right of trial by jury was preserved to all Citizens.  When New Mexico became a state in 1912,  in article II, section 12, the right of trial by jury was guaranteed to remain inviolate as it had heretofore existed.  Thus the New Mexico Constitution deferred to the Supremacy of the pre-existing condition as stated in  the Organic Act establishing the Territory of New Mexico.

Our Judicial System is currently more barbaric than the Judicial System of the Dark Ages. The current Judicial System is one of revenue generation for the benefit of the system itself. Judges currently make a secret, undisclosed commission from the foreclosure sale of homes that may be as high as ten percent of the sale amount, and the Liawyers make their fees. The banks or mortgage companies get to sell another house and displace a family. So everyone wins! That is to say, everyone except the family being displaced.

A fundamental question one must ask is this? Do judges[lawyers in fancy black robes that love to be called “your honor”] and liawyers have a moral duty to perform their duties within moral and ethical boundaries? Let’s look at the “Attorney’s Oath of Office.”

Attorney’s Oath of Office

“I do solemnly swear that I will support, protect and defend the Constitution of the United States; that I will do no falsehood, or consent that any be done in court and if I know of any I will give knowledge thereof of the judges of the court, or some one of them, that it may be reformed; I will not wittingly, willingly or knowingly promote, sue, or procure to be sued, any false or unlawful suit, or give aid or consent to the same; I will delay no person for lucre or malice, but will act in the office of attorney according to my best learning and discretion, with all good fidelity as well to the court as to my client, so help me God.”

So again, a fundamental question is this? When a judge, and a lawyer representing a bank or mortgage company, conspire and succeed in stealing a home from a family without a trial by jury on the property matter, have they engaged in theft? Have they acted within the moral and ethical constraints of their Oath of Office?

Why would a judge deny a homeowner a trial by jury as guaranteed by ancient law as well as modern law. A trial by jury can take months or even years, and the homeowner might actually win the case. In front of a so-called judge, the homeowner never wins and is always displaced from his/her home.

Has our so-called Judicial System devolved into such a barbaric, darkened state, worshipping only Mammon, no matter what the cost to We the People?

I believe that We the People deserve a better Judicial System. A real Judicial System where our God-given rights are respected. As far as I know We the People still live a Nation of Law, where the fundamental laws as expressed in this Constitution for the united States of America are still supreme and paramount.

May our Lord and Creator guide us in our darkest hours.

The real problem that we Americans, are facing, is the incredible arrogance that we are facing when a so-called judge, grants himself "judicial immunity", as if he were really above the law. 

No judge or attorney is above the law.  Just because an attorney puts on a little black dress and adores being called "Your Honor", that does not endow that liawyer(judge) with perfection, or judicial immunity for  their criminal actions.

For that very reason,  I swear on the Altar of Almighty God, that I will arrest the presiding judge on any case in San Miguel County where a man or woman are not granted a trial by jury on a foreclosure lawsuit, and I will arrest the Special Master attorney assigned to carry out this crime.

The charges will be Treason and other serious felonies.

Rico S. Giron, Future Sheriff of San Miguel County