197. The Miller Judgment
The Miller Case - It's Miller Time!
A Champion federal decision for homeowners nationwide!
The Miller case is a very important case in Bankruptcy Law, Federal Law, State Law, and American Jurisprudence to both Pro Se litigants and lawyers as well. The Decision rendered by the 10th Circuit Court of Appeals is breath taking, far reaching, and effects the law in every Federal Circuit in the United States.
The Millers appears to be a mild mannered PRO SE couple who was residing in Colorado. After being attacked by a predator bank, Deutsche Bank, they fought back after this Bank magically appeared in foreclosure proceedings and attempted to steal their home using a phony foreclosure. However, the Millers knew their rights and fought back.... and WON! Deutsche Bank had no standing in this case to begin foreclosure against these people, or file fraudulent claims as the holder in due course of an original note that never really existed in Deutsche Bank behalf, and still does not exist to this very day.
The Millers fought back on appeal and obtained a true and far reaching judgment on the issues against Deutsche Bank and won at the circuit court level. This mandated judgment from the 10th Circuit Court of Appeals spells out the law: YOU MUST BE IN POSSESSION OF THE REAL NOTE IN BANKRUPTCY PROCEEINGS to prove that you are a party in interest entitled to relief from the automatic stay.
In this case, it certainly appears that Deutsche Bank National Trust company committed fraud upon the court and against the Millers, but the 10th Circuit Court of Appeals overtuned mistakes that were made in 3 different courts: namely the Colorado State Court, The Bankruptcy Court, and the Bankruptcy Appellate Panel, all who had previously decided that Deutsche Bank was a creditor entitled to Relief from the Automatic Stay in the Miller's Case.... but they were all wrong!
The 10th Circuit Court of Appeals and the Miller Appellate Case explains the mechanics of the law in great detail and actually demonstrates what is needed to prove that you are a creditor in a bankruptcy case. To this very day, Deutsche Bank National Trust Company has not produced the real note in issue, and apparently cannot produce the real note in question.
Deutsche Bank and its agents, attorneys, and purported heirs, could be held criminally liable in this case, and may even be liable to the Millers for fraud committed against their estate.
You can download and read the judgment for yourself, and make your own determination and conclusions from the 10th Circuit Federaly mandated decision rendered on February 1, 2012.