I’ve been screaming for years now that corporations who are not registered to do business in a state cannot proceed until the register and are authorized. Now there may be a limited exemption/preemption for National Associations, but I have yet to entirely lose that argument.
Google “Compendium of Capacity Cases“, the argument stands for the simple proposition that before a foreign corporation invokes the jurisdiction of a state’s court, it must simply register with the Division of Corporations. It’s like forcing cars from other states or forcing federal agencies to have license plates on their cars….they may be exempt from each state’s unique requirements but we are entitled to know who is driving on the roads.
Our states and especially our state courts have forgotten that they serve the citizens of the state and that as a condition of becoming attorneys and judges, they took an oath to protect and defend the Constitution of the State. But all across this country, the national banks have bullied their way into our courtrooms and into our land records but ignored the very basic requirements of corporate law.
This has a limited scope on one state’s bankruptcy proceedings, but the analysis must be expanded to foreclosures and bankruptcy all across the country….
J.P. Morgan was not qualified to use the Arkansas non-judicial foreclosure process when it initiated the foreclosures against
these Debtors. J.P. Morgan failed to comply with the authorized-to-do-business requirement of Ark. Code Ann. § 18-50-117, and nothing in Ark. Code Ann. § 18-50-102, the Wingo Act, or the National Banking Act allowed it to conduct those proceedings without meeting that requirement.
As a result, the foreclosure fees and costs incurred by Chase and J.P. Morgan are not owed by the Debtors, and need not be
included in the Debtors’ repayment plans in order for those plans to be confirmed. Finally, both parties request their attorney fees for pursuing or defending these matters. The Court finds that an award of attorney fees to the Debtors is warranted.
Matthew, you are def. my hero. I knew there was something to the lack of capacity by foreign corporations not registered in the state, but did not know the proper terms to search. Thank you from the very bottom of my heart.
Prayers for your continued success and thanks for all you do to wake up the people!!!
FIGHT ON!!!
Unfortunately, in the FL, Lee country “Rocket Docket”, there doesn’t seem to be the requirement of having a valid Constitutional oath on file! At least not for the 2 more notorious Senior Judges, Starnes & Thompson. An associate of mine repeatedly requested copies of their signed oaths from the Supreme Court admin office and was finally sent two…the thing is, both were blank! Guess it must go back to that Administrative Court issue where they get to act like they are their own independant government…with their own independant laws?
How do we get our foreclosure cases heard in a court of record? Or is it even possible?
appeal appeal appeal
This is indeed powerful stuff, especially when it comes to securitized trusts.
Where the securitized trust itself is bereft of any registration in the state in which it seeks use of the courts, They rely instead on the *presumption* that the “N.A.” status of the trustee bank will suffice to pry open that access. So far it has worked when unchallenged. The FACT is that frequently the underlying securitized trust is an UNREGISTERED SECURITY in the state.
There was also to my recollection an opinion letter from the OCC back in 2005 that specifically pointed out that the National Banking Act, under which these banks seek access to our courts jurisdictions on behalf of thier UNREGISTERED trusts CANNOT rely on the “umbrella” of their “N.A.” status because as a *trustee* of a securitized trust they are NOT ACTING IN THE CAPACITY OF A BANK.
They made no loan, collect no fees and handle no funds on behalf of the plaintiff trust(s). In short, they perform no function of a BANK other than to be “stand in” with the trust to attempt to use their “N.A.” status to give the ILLUSION that the UNREGISTERED trust has capacity.
I,m fighting Bank Of America,How do I find out if their registerd in my state New Mexico?