It is amazing how
many stupid rules attorney follow that end up throwing their clients under the
bus. When I draft foreclosure defense document to file in State Court I always
use Federal Statutes. State court hate this strategy because in real life
Federal Law Trumps State Law. Federal Court is a higher court than State...
Just like the Supreme Court case law trumps everything else. The reason State
court Judges complain about having federal laws used in State court is because
it removed the discretion from the judge and forces him/her to follow
presidents. This strategy makes it much harder for the B.A.R. members to
manipulate the proceedings.
People believe you can't use Federal Law in State
court. Well, Now I have the case law to
support my contention that we can file Federal Laws in State court. Check out
this priceless case law:
In Howlett v. Rose, 496 U.S. 356 (1990) Federal Law
and Supreme Court Cases apply to State Court Cases.
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