Derek Steven McCauley v. Newrez LLC d/b/a Shellpoint Mortgage Servicing

Summary

The Indiana Court of Appeals affirmed the denial of Derek Steven McCauley’s motion to vacate a mortgage-foreclosure judgment in favor of Newrez LLC d/b/a Shellpoint Mortgage Servicing. The court held that McCauley waived appellate review by failing to present a coherent or cogent argument and summarily rejected his sovereign-citizen theories as legally baseless.

Holdings

1. A pro se litigant is held to the same standards as trained counsel and waives appellate review when the appellant fails to present a coherent and cogent argument supported by the appellate rules.
2. Sovereign-citizen theories asserting that a person is beyond the jurisdiction of the courts are legally baseless and may be summarily rejected.

Questions Presented

1. Whether McCauley presented a cogent appellate argument sufficient to obtain review of the trial court's denial of his motion to vacate the foreclosure judgment.
2. Whether McCauley's sovereign-citizen-style arguments provided a legally cognizable basis for relief from the foreclosure judgment.

Disposition

affirmed