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Fighting A Foreclosure

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  • mn_chicago
    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.
    Message 1 of 36 , Feb 26, 2007
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      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
      of him.

      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
      alleged lender.

      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
      an issue.

      The point for anyone looking for direction is to spend time doing the
      necessary research, and you will be surprised at what you find!

       

    • mn_chicago
      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
      Message 36 of 36 , May 16 9:58 AM
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        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
        the denial.

        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.


        mn
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