On October 15th, 2010, unbeknownst to the American Public, the 1st Amendment of the U.S. Constitution, (freedom of speech), along with other rights, were violated by Judge Karen Potts of Arizona, causing financial damage to homeowners throughout the US. A former supporter of Habitat for Humanity and other organizations for fair treatment of defendants, Potts operated outside her judicial authority by supporting mortgage fraud, and aided and abetted in grand theft of the American dream.
Everyone in the US knows what has happened in the mortgage system, first it was the recession caused by uninsured subprime mortgages and now due to mortgage fraud – foreclosures are being frozen by lenders – everyone knows this – except for Judge Potts. Here’s what happened:
On that fateful day, Potts threw the legal Mexican American immigrant family of Isai C. and Rosa M. Garcia and their children into the streets, despite a challenge to the Eviction and mortgage and foreclosure process filed in her own courthouse.
In this first Arizona Eviction jury trial, Judge Potts refused to allow a jury of peers. All Hispanic jury applicants were tossed out, a highly intelligent European immigrant who spoke four languages as well, eliminated. A jury of equals to her meant 1 white man and the rest were white women, no equals. One of the women had a relationship to an Eviction company. This was a jury of peers in her Judge Potts eyes. Yes, justice is blind.
Rumor has it that in pretrial, questions to be asked were discussed between Potts, the Plaintiff Attorney Hebert and Defense Attorney Loeb, but no defendant questions were permitted by Potts. Interestingly enough, in this case there was NO plaintiff to be questioned by defense council, none appeared in court – only plaintiff’s attorney (plaintiff was US government, Freddie Mac) and a process server. All 59 questions of defense attorney were all denied by Potts. Judge Potts limited questions and evidence, making it difficult for Attorney Loeb to present a case.
What wasn’t permitted in court was critical: In August 2005, there was an illegal trade of the property through MERS to another investor, and a Servicer, no legal transfer of documents between banks and beneficiaries, no notifications. By using illegal notary transactions by secretaries of the Foreclosing Trustee, and others notarizing each other’s signature they created an illegal transfer. These illegal ‘Robo Signers’ are part of what was determined weeks ago to be illegal. Still Potts allowed forged documents, not even mailed by certified mail, to be used to foreclose. The Federal government has frowned on it – but Judge Potts, refused to support fairness and participated in the foreclosure fraud by not allowing it to be questioned in this case.
Of course, Robo Signing, forgery, fraud were never brought up, the jury was not permitted to hear a single word about it. Potts protected the former administration’s home mortgage fraud and permitted no evidence on record for the defendant. Her constant threats of admonishment and possible jail time to the defendant’s attorney (for not laying down and playing dead) was more her style. Perhaps, justice needs to be mute.
The Jury was judicially swayed in favor of the Plaintiff by Potts’ direct instruction to them to find the Plaintiff was the legal owner of the property, even though it acquired Title illegally. This deserves removal from the bench. The court reporter laughed and giggled as the Judge yelled at the Defense Attorney.
The entire American Dream is collapsing due to the former administration and its non-regulatory stance on the housing and home mortgage industry. Over 100,000 mortgages are currently in review, and over 85 million more homes are at risk right now.
Judge Potts, herself, just violated judicial code and didn’t allow a fair trial. She allowed abuse of judicial discretion and created a biased hearing prejudiced in favor of Freddie Mac. It appeared that she didn’t know how to run a jury trial. She constantly was jumping on and admonishing the defense attorney, not permitting questions or witnesses – she was stomping on the civil rights of the defendants and all U.S. citizens. She should be subjected to Judicial Review for not allowing evidence, and taken off the bench.
A review of the transcript of this trial absolutely will remove anyone’s doubts. And in the meantime, a family is set to be homeless at Judge Potts’ wrongful instructions to the jury. The 911 attack took away many civil rights of American Citizens. Judge Potts just took away the rest – is there any American Citizens willing to fight for the American Dream?
From notes taken from Case # CV2010-090145 (Maricopa County, Arizona) 10/14-15/2010 Reported by John W. of ChallengeYourLender.com a firm who instructs homeowners on the rights and how to challenge mortgage fraud.
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