Cindy Brown’s case is not just about Cindy Brown’s case. Like millions of Americans forced into court to protect her constitutional rights because of the increasing crisis of the Access to Justice Gap, for almost ten years, Cindy has become her own lawyer, investigator, expert witness, and case researcher.
Smart, self-trained in the law, and determined, Cindy has proven to be a formidable opponent for the lawyers of the mysterious and not yet defined entity now called “The Bank of New York Mellon, Formerly Known as the Bank of New York as Successor in Interest to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage investments ii inc. Bear Stearns Alt-A Trust 2006-2, Mortgage Pass-through Certificates, Series 2006-2.
This case has fast become front row-real world courtroom drama, Cindy’s next court proceeding set for March 15, 2022, is about breaking the insidious silence of this unknown entity that claimed a right to take Cindy’s house in foreclosure, and worse yet, send a heavily armed S.W.A.T-like team of police professionals to execute a so-called court-ordered eviction.
The March 15, 2022 hearing is not a trial on the merits. There is no jury and the judge will not make any factual findings. The hearing is, however, a potential watershed moment for Cindy in her uphill battle to find the truth about who to hold accountable for what happened and how she lost title and possession to her home. The process is not easy because the truth is hidden under multiple layers of complex corporate deals, an army of lawyers adept at exploiting every procedural rule, process, case law available, and are willing to exert their power over the self-represented litigants. The imbalance in power is further exacerbated by an overburdened, underfunded, and seemingly biased civil judicial system and judges that favor lawyers over self-represented parties and favors banks and mortgage companies over so-called defaulted homeowners who failed to pay their mortgage debts.
The March 15, 2022 hearing is a huge win for Cindy and a huge win for the thousands of self-represented people like Cindy who are vexed or hit with a motion to deem then a vexatious litigant. If deemed a vexatious litigant, the judge can require them to put up or shut up, i.e. they have to post a bond or have their case dismissed. In most cases, a vex motion is a doomsday event and the end of the road for a self-represented litigant.
However, in this case, we flipped the script. The so-called Bank of New York entity that has been lurking in the shadows unseen and unresponsive for years will have to effectively show up with evidence to support their claims, not rely on the lawyers, or shut up claiming that Cindy Brown is a vexatious litigant.
They have the burden of proof on everything they allege in the motion. Cindy does not have to prove she is not a vexatious litigant. Cindy Brown has a constitutional right to go to court, plead her case and have a jury decide the facts. The right to a jury trial is written into the state and federal constitutions. Cindy is not fighting. Cindy is testing the system to have it dispense equal justice-the Bank entity must prove its claims and not just hide in the shadows. Dignity matters and everyone has a right to know who is making accusations, bringing actions, foreclosing, and evicting. California law requires litigation in the name of a real entity and disclosure of such facts if they are a fictitious name.
This case hits so many interesting angles and aspects:
The mysterious Bank of New York entity refuses to clarify its name and appears to have been litigating in the shadows of uncertainty for years. It is unfair to every homeowner and person evicted. They should know the true name of the entity doing the foreclosure.
Cindy’s case exemplifies the legacy of Dr. Martin Luther King and the vision of giving voice to the unheard and how they can work to protect their humanity and dignity in the fierce civil litigation process and beyond. Raye and Cindy are building a new platform and helping to assist a new breed of wellness and litigation survival skills that are not just focused on the process of litigation, but the urgent need for wellness and respect for litigants drawn into the civil justice process. The current adversarial system is toxic. Every employer, corporate client, and the company that wants to win the minds of their customers should be concerned about the conduct of their lawyers in litigating these issues that touch the core wellbeing of their customers and their so-called commitment to Black Lives Matter, diversity, and community social responsibility.
Let Freedom Ring. These famous words from Dr. Martin Luther King, Jr.'s, historic I Have a Dream speech, delivered nearly 60 years ago on the footsteps of the Lincoln Memorial, ring true today.
"Let freedom ring from the snowcapped Rockies of Colorado! Let freedom ring from the curvaceous slopes of California! But not only that; let freedom ring from Stone Mountain of Georgia! Let Freedom ring from Lookout Mountain of Tennessee! Let freedom ring from every hill and molehill of Mississippi. From every mountainside, let freedom ring."
Dr. King's words illuminate a vision of freedom and equality. That all our destinies are interwoven into one fabric that is America. These words speak to the unrealized potential for equality to transform our society into places of opportunity for all; that we must overcome the challenges that are holding all of us back.
Cindy was left living in her car because she operated mainly in pro per and did not have full-time legal support. I am a USC graduate and Harvard Law School Graduate, licensed to practice in state and federal court, but I am not her lawyer. I lent my expertise to Cindy’s case, and now there is a hearing that will cause an examination of the validity of the eviction and many other foreclosure practices. This is her day in court where the bank will have to put on evidence, call witnesses, and back up their claims beyond motions, etc. This process seemed elusive for almost 15 years. It is a triumphant moment for Cindy rising from living homeless to helping with a purpose that affects everyone. Cindy is everyday American acting.
State Reform: https://www.calbar.ca.gov/Access-to-Justice/Initiatives/California-Justice-Gap-Study
Federal Reform: https://www.reuters.com/legal/government/dojs-access-justice-office-reopens-moment-crisis-opportunity-2021-11-02/
Cindy and I have focused our attention not only on legal remedies but focused on the mental health and recovery aspects of “having your day in court,” being heard as part of the mental health recovery process for millions of Americans who lost their homes and were evicted, whether lawfully or otherwise. Cindy was the target of identity theft because of her accomplishments as an Olympian and former WNBA player. The civil justice system failed, and just like the call for criminal justice reform, Cindy is lending her status as an Olympian, small business entrepreneur, and target of identity theft to help Americans and small business owners navigate the mental health aspects of foreclosure, identity theft, and loss and navigate recovery efforts to rebuild.
The case will establish important procedures on how self-represented litigate in challenging the vexatious litigant statutes that need reform considering the Access to Justice Gap. Cindy’s case will help define some procedures to afford self-represented persons a hearing on the charges, as opposed to just having to respond in a 15-page document. The judge has stated multiple times that he is unsure of how to proceed. Our mission is to help the courts define a road map as to how people like Cindy and all self-represented parties are charged under the Vexatious Litigant Statutes and ensure constitutional due process. Considering the Access to Justice Crisis, the California Supreme Court must act to ensure that people have due process and remove unnecessary barriers that make it harder for people to self-represent themselves.
Cindy’s case exemplifies the legacy of Dr. Martin Luther King and the vision of giving voice to the unheard. Raye and Cindy are building a new platform and helping to assist a new breed of wellness and litigation survival skills that are not just focused on the process of litigation, but the urgent need for wellness in the civil justice process. The current adversarial system is toxic. Every employer, corporate client, and the company that wants to win the minds of their customers should be concerned about the conduct of their lawyers in litigating these issues that touch the core wellbeing of their customers and their so-called commitment to Black Lives Matter, diversity, and community social responsibility.
