1️⃣ Private Parties Exercising a Government-Like Power

Non-judicial foreclosure allows a bank or servicer (a private actor) to seize and transfer real property without any prior judicial determination.

➡ State action doctrine problem
Taking a home is the deprivation of a protected property interest under:

• 5th Amendment (federal takings/due process)

• 14th Amendment (state-level due process requirements)

Yet:

• No judge

• No trial

• No evidentiary hearing

• No cross-examination of the alleged creditor

A private party is effectively wielding the power of the state — seizure of land — without the checks the Constitution mandates.

That is a structural due process violation.

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2️⃣ The “Notice of Default → Silence Means Consent” System

If you respond with:

• A notarized dispute

• Debt validation request

• Proof that chain of title is broken

• Evidence servicer is not the true creditor

…what happens?

⟶ Nothing. They ignore it
⟶ They proceed anyway

That violates the most basic due-process principle:

A disputed material fact cannot be ignored.

The U.S. Supreme Court has established:

No taking of property may occur while material facts are in controversy.

Ignoring disputes and continuing to sell real estate anyway = void process.

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3️⃣ Lack of Judicial Review Creates an Irreparable Harm Trap

Once the sale occurs:

• Possession is transferred

• Title is clouded

• Courts routinely declare the challenge moot

The homeowner never receives the pre-deprivation hearing the Constitution requires when real property is at stake.

Constitutional Standard
Real property → pre-deprivation hearing is mandatory
(not after — because the harm cannot be undone)

Non-judicial foreclosure inverts due process.

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4️⃣ No Proof of Standing or Ownership Is Required

This is where the scheme shows its corruption:

• No verified creditor must appear

• No original Note must be produced

• MERS assigns rights it never owned

• “Trustees” unrelated to the parties

• Assignments fabricated years later

Due process requires:

1. Standing

2. Proof of claim

3. Admissible evidence

Non-judicial foreclosure requires none.

This is property seizure without a proven creditor.

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5️⃣ The “Trustee” Is Not Neutral

The foreclosure “trustee”:

• Is hired by the foreclosing party

• Is paid by the foreclosing party

• Owes loyalty to the foreclosing party

They are not a neutral decision-maker.

Due process requires impartial adjudication.

This structure = built-in conflict of interest.

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6️⃣ The Auction Model Encourages Theft

The courthouse-steps auction is designed to:

• Force undervalued liquidation

• Block competitive bidding

• Enable insiders to acquire property at a fraction of value

This produces billions in profit for:

• Banks

• Hedge funds

• Servicers

• Title insurers

This is not a fair market.
It is a state-sanctioned enrichment pipeline built on forfeiture.

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7️⃣ Due Process Requires Opportunity to Be Heard — Before Harm

The Supreme Court is unambiguous:

A hearing must occur before the deprivation of real property.

Non-judicial foreclosure provides:

• Notices, not hearings

• Silence allegedly = confession

• Challenges ignored entirely

A system that cannot stop even when fraud and identity disputes are raised = not due process — just a conveyor belt.

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🔥 Additional Fatal Defects They Try to Hide

8️⃣ The Note Paid the Transaction — Banks Weren’t the Lender

The promissory note itself:

• Created the credit

• Funded the loan

• Was sold or securitized immediately

Meaning:

✔ The bank did not loan its own money
✔ The borrower’s signature created the value
✔ The bank got paid up-front and multiple times after

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9️⃣ Once Default Occurs, They Are Paid Through Insurance

Upon default:

• The trust files claims under mortgage insurance

• Investors receive credit default swap payouts

• Additional payments come from TILA/RESPA pooling agreements

• FHA/VA/USDA guarantees pay out

• Servicers receive default fees and advances

Everyone is made whole.
Yet they still foreclose and take the home anyway.

That is double recovery → UNJUST ENRICHMENT → FRAUD.

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🔟 The Note and Mortgage/Deed of Trust Are Bifurcated

The moment the Note is:

• Securitized

• Endorsed to a trust

• “Serviced” by someone else

…the Note and Deed of Trust split.

Legal consequence:

A party who holds the mortgage without the Note has no right to enforce.
A party who holds the Note without the mortgage has no right to take property.

Non-judicial foreclosure proceeds anyway, ignoring bifurcation defects that legally void enforcement rights.

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BOTTOM LINE

Non-judicial foreclosure checks every box of a void, unconstitutional taking:

A private servicer can:

✔ Ignore disputes
✔ Ignore proof requirements
✔ Get paid by insurance and investors
✔ Still take the home
✔ And courts rubber-stamp after the fact

That is UNCONSTITUTIONAL.
That is VOID AB INITIO.
And that is theft under color of law.