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#1 04-03-2004, 08:34 AM

As some of you know I am a Cornforth nut. I think Richard Cornforth just about walks on water. I spent a good share of yesterday in a county law library. The lights may be coming on. Now I am slow, mind you. Maybe instead of CRS I have CLS. So here is my take on it:
Do any of you see anything in the federal or state constitutions that says any government can pass any law regarding the people? If not…join the club!
So what are all those statutes, laws and codes? Two things: 1. They apply to the fictions meaning corporations including municipal. 2. They are headers, chapter titles so to speak.
Now if you recollect in the Cornforth video the gent said the law is in the annotated statutes. He also said you may be able to make new law.
Just because BB can’t lay laws on us does not mean we will all get along, sway and sing koom by yah. When a dispute does come up we can turn to some neutral wisdom to give us a hand. That neutral wisdom must be fair (yah, I hate that word too) so if I do X and get Y then you come along and do X you too should get Y not Z.
When you look at the Cornforth book and all the case cites and drool down your shirtfront remember this. They don’t mean much to most of you. Say what????!!!!! 
To the courts case cites can be binding or persuasive. Now it doesn’t hurt to persuade. But what if you can bind the judge? To do that you must use cases decided in your own state. (That says the states are still independent countries.) Those Oklahoma cases in the Secrets book may be persuasive here in Indiana but they are not binding. If you happen to be in Oklahoma, cool.
Here is a smattering of what I found: IC 32-30-10-3 reads:
IC 32-30-10-3
Venue
Sec. 3. (a) If a mortgagor defaults in the performance of any condition contained in a mortgage, the mortgagee or the mortgagee's assigns may proceed in the circuit court of the county where the real estate is located to foreclose the equity of redemption contained in the mortgage.
(b) If the real estate is located in more than one (1) county, the circuit court of any county in which the real estate is located has jurisdiction for an action for the foreclosure of the equity of redemption contained in the mortgage.
As added by P.L.2-2002, SEC.15.
I did not find a case that specifically said, “Wrong court.” Mine was done in superior court. I did find cases on: assignment must be recorded, 72 N.E. 494, assignment must be in writing, 66 N.E. 494.
That law was recently changed by the legislature limiting foreclosures to circuit courts. So I found a bunch that says legislature does not make useless laws and they know what they are doing. (Let’s not get into that in this thread.) 615 N.E. 2d 441, 611 N.E. 2d 637, 431 N.E. 2d 823.
IC 32-29-2-1
Written transfer or assignment; acknowledgment and recording
Sec. 1. A person who transfers or assigns a mortgage within Indiana shall do so in writing by:
(1) noting the assignment or transfer on the record recording the mortgage; or
(2) separate written instrument.
A person who transfers or assigns a mortgage as described in this section shall cause the notation or written instrument to be acknowledged before an officer authorized to take acknowledgments of the execution of mortgages.
As added by P.L.2-2002, SEC.14.
65 N.E. 935
This says that a foreign (different state) notary must be confirmed by a court clerk and judge. 49 N.E. 852. That was not done in my case…. void!
These are all Indiana cases. Thus they are binding. Does it hurt to add persuasion? If it is good, no. Don’t over do it though. A judge will be much happier with a seven-page document than a 100 page one.
Jim
Some of the codes didn’t have any cases under them. This is our chance to make law. If it has not been decided before the supreme court must hear it. That would be a good time to persuade from other state cases.
The annotated statutes have indexes and tables. Pick a subject and have a ball. More of how to get and use them will be another post.
Jim