Fighting A Foreclosure
Monday 26 February 2007
I am shifting the discussion from "Pressing An Attorney On Oath" to
a new thread because of the content dealing with a foreclosure.
This is a case I "invited" by refusing to pay anyone who could not
prove "holder in due course" status.
When served with complaint, I immediately challenged the attorneys for
a license and oath of office. Illinois is not as clean-cut in
statutes as is California.
I received no response in my first Notice and Demand. I followed up
with a Notice and Demand With An Opportunity To Cure, and I cited
US v Tweel, which says, in essence, "Silence can only be equated with fraud
when there is a legal and moral duty to speak or when an inquiry..."
I did get a brief letter from one of the attorneys who said he would
not respond to anything that did not have a "legal basis," (whatever
that means), and I could get information on his license by contacting
the Attorney Registration and Disciplinary Commission. Awfully kind
Unlike the experiences I have read from FF that there are no licensed
attorneys that will deal with him, Illinois attorneys seem not too
concerned with proceding in a case, despite warnings.
To the case itself. I am being sued on the mortgage alone. The Note
was not part of the suit. I present this information in case anyone
else gets the opportunity to deal with being foreclosed by some
In my countless pages of scribbled notes, I had a reference to
202 SW 2d 967 (1947). I do so much searching, I stopped writing the
names of the case cites. My notes said this dealt with "no note - no
judgment." I looked up the case for a West Key reference for similar
Illinois cases. This is what I found:
Lucas V Harris, 20 Ill 166, it was held that the mortgage is by an incident
attached to the debt; that the mortgage interest, as distinct from the debt,
is not a fit subject of assignment and has no determinate value, and that
the debt and mortgage cannot be separated and placed in different hands.
(It would be absurd to deal with an accident without accounting for the
principal thing.) [quoting someone]
So I am not expecting lack of Subject Matter Jurisdiction to be much of
The point for anyone looking for direction is to spend time doing the
necessary research, and you will be surprised at what you find!
- Wednesday 17 May 2007
Lions 2 Christion nil
Just got word that the Illinois supreme court
has denied my writ of prohibition. Like the
appellate court, no reason is ever given for
This will certainly embolden the judge who ignored
my challenge to subject matter jurisdiction.
Moderator/Bear: Not necessarily. Just because they denied it doesn't necessarily mean that they didn't make a phone call. You need a better way to get his attention. Try filing a criminal complaint against him straight into the same case.