Rights promised in the U.S. Federal and Pennsylvania Law and Constitutions that you REALLY DON'T HAVE in Pennsylvania.
The Right to Cure Default (Come current on your mortgage once you are behind on payment, up to one hour before Sheriff's Sale) as promised in Act 6, Act 91, Federal and State Laws, and RESPA, (supposedly enforced by the Consumer Financial Protection Bureau.)
The Right of Due Process to be Heard in Court in Civil Proceedings against You and have the Opportunity to Defend yourself.
The Right to Represent Yourself or be Represented by a Lawyer. There are times when you can be completely unrepresented in your case and there is nothing you can do nothing about it.
The Right to have YOUR Rights upheld in Court while the Court is busy upholding your opposing party's Rights.
The Right to a FAIR trial/hearing. The judge can show extreme prejudice to and only protect the rights of one party in a civil case and you have no recourse.
The Story Narrative...
In Plain English (Part 1 - SERS and The Mortgage Company) - SMH every day it is so ridiculously unbelievable.
In Plain English (Part 2 - Court) - Incompetence and Fraudulent Practices everywhere.
The Results of the Pseudo-Rights above mean you...
Can have the money to pay your mortgage, have a government agency SERS (State Employee Retirement System) delay your access to it (13 Weeks due to internal oversights), carrying you into Foreclosure.
Can attempt to Pay and have your Mortgage Company not take your payment as they are required to by law.
Can have your Mortgage Company take you to Court and Foreclose on you for the very amount they refused to take from you.
Can have opposing counsel make false representations while certifying them as being true, with the representations being the basis of the Judgment against you.
Can have your Judge openly show favoritism to the other party and even break the law themselves to ensure the other party has the edge on you by making completely false statements as shown in the court record, or making decisions that affect you with only considering the ex-parte communications from the opposing party.
May have to hire an Attorney. But that can be just as devastating (or more as I found out) as attempting to go pro-se in court without a lawyer.
May NOT actually get Due Process if your Lawyer doesn't show up for Court, thereby losing your case with you NEVER having the knowledge a hearing was being held or the opportunity ('Right') to to be heard to defend yourself in that court.
May NOT be notified of your Court Hearing if the Prothonotary doesn't mail your notice or the U.S. Postal Services loses or mis-delivers your Attorney's mail, because YOU are deemed LEGALLY NOTIFIED when the Court SAYS they have placed YOUR Notice in the U.S. Regular Mail to your LAWYER.
Might have your house LEGALLY SOLD after Judgement and while you are still in the appeal process because THIS IS LEGAL IN PENNSYLVANIA.
Can fire your Lawyer for incompetence, but you have to wait for the Court to approve your fired attorney's Withdraw as your Counsel and you are COMPLETELY UNREPRESENTED IN COURT during that time.
Can contact your Elected Politicians.... LMAO. "I am sorry for your situation, but there is nothing we can do as it is in court." and "We can't get them to follow the law for us either, so I don't know what to tell you."
Court Information
Centre County Court of Common Pleas - Docket # 18-2048 (Summary Judgment)
Superior Court of Pennsylvania (Appeal Court) - Docket # 1887 MDA 2019 (Summary Judgment Affirmed)
Supreme Court of Pennsylvania - Docket # 375 MAL 2021 (Petition for Leave to File Appeal Denied)
What we MUST do Together
Help Demand the CHANGES needed. Common Sense Changes that PROTECT EVERY CITIZEN'S RIGHTS.
Some of the solutions are a matter of updating laws and interpretations.
Some are just a matter of plain Common Sense.
For more Information send an eMail to PseudoRights@Timney.com.