Balancing the Scales of Justice for Pro Se Homeowners

Shalom Honorable Judge Arthur Schack

Posted by on May 4, 2016

Shalom Honorable Judge Arthur Schack

The Honorable Judge Arthur Schack was one of the first judges in the country to recognize that something was afoot with the fraudulent foreclosure documents being created by the national banks. Often calling out how ludicrous it was that a MERS signer held high level positions with multiple national banks, who all had offices at the exact same location. Regardless to the alleged legality of it, he recognized it as indicia of something fraudulent and often refused a foreclosure; instead demanding the foreclosing bank show up and explain itself.

Judge Schack believed the Courtroom was to provide a “level playing field for all sides to present their case” and regardless of whether a homeowner showed up or not; or was/was not represented, didn’t mean the banks got a free pass to come in with fraudulent documents and foreclose. If they wanted to foreclose then the bank had to do it with clean, legal documents not fabricated assignments and affidavits. Eventually the banks stopped showing up by either peremptorily challenging him or just not bothering.

In 2012 he appeared before the US House of Representatives Committee on Oversight and Government Reform, describing in detail the abuses and fraud he was seeing being perpetrated against homeowners by the banks and their army of well financed attorneys. (See here for March 2012 blog) He held to one simple philosophy (described at page 2 of his testimony):

  • As a judge I am neutral
  • My role is to apply the law equally to all parties, on a level playing field
  • Due process of law must be followed
  • As a judge he took an oath to uphold the constitution – including “nor any state shall deprive any person of…property, without due process of law nor deny to any person within its jurisdiction the equal protection of the law.”

   He took this seriously. He lived in the community that he represented on the bench. He understood the law and refused to step aside as the banks attempted to railroad homeowners in his community. He gave hope to us that were not so fortunate to have a judge like him in our community. Judge Schack leaves behind his wife of 41 years, Dilia, two children and a granddaughter; and a legacy of honor, faith, and trust. RIP dear Honorable Judge Schack. We shall always be grateful that you were a light of hope and voice of reason.




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