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REPLY TO: A Foreclosure - TO BE EVICTED IN 2 DAYS

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  • Janet Faye
    In Ocala Fl there were 20+ cases thrown out because the attorneys could not present the ORIGINAL PROMISSORY NOTE. They had excuses; lost, etc..bottom line
    Message 1 of 13 , Mar 4, 2007
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      In Ocala Fl there were 20+ cases thrown out because the attorneys could not present the ORIGINAL PROMISSORY NOTE.   They had excuses; lost, etc..bottom line without
      the ORIGINAL promissory note there is no proof of debt,
      they could not produce or provide WHO was
      the HOLDER in DUE COURSE..
      With two days from eviction I am not sure what can be done
      to stop eviction, but I would think that based upon the
      fact that your relatives were fraudulently foreclosed on
      by the bank by not producing before the court the ORIGINAL
      PROMISSORY NOTE there could be something done.
      BEFORE it gets to the court house steps, I use strong validation letters requesting that the bank produce as evidence the ORIGINAL PROMISSORY NOTE and to show who in fact is the 'borrower' and the 'lender' (which we know to be the same person - and it's not the bank) .  I ask for validation of where the money came from, amongst other things to prevent foreclosure.  Foreclosure is a form of collection and if they continue then they are breaking the Fair Debt Collection Practice Act. And from
      that there are actions that can be taken.
      ----- Original Message -----
      Sent: Sunday, March 04, 2007 2:10 PM
      Subject: Re: [tips_and_tricks] Fighting A Foreclosure - TO BE EVICTED IN 2 DAYS

      Hi group,
       
      I just found out that my wife's brother and his family are being foreclosed on and have to be out of their home by March 6th.  They are not familar with anything that we talk about on this forum but in effort to help them -
       
      What can be done at the last minute to stay this? 
       
      They have 3 little girls and no place to go.  They are in the Houston area.  I need real answers for them and soon, if it's at all possible to stop this.  Thanks so much.
       
      Ric




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    • Moisha Pippik
      Rick, Simply read the Property Code, and Texas Rules of Civil procedure regarding a forcible detainer and eviction procedure. Here is what happens. The
      Message 2 of 13 , Mar 4, 2007
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        Rick,
         
        Simply read the Property Code, and Texas Rules of Civil procedure regarding a forcible detainer and eviction procedure.
         
        Here is what happens.  The Trustee sells the property back to the alleged lender.  There is never a lender.
         
        The unauthorized attorney for alleged lender sends you an eviction notice.  There will also be papers served by a constable/sherrif.  You then go to the JP Court where the order was created, and ask for a trial by jury.  This costs $5.00, and then a court date will be set, usually within 45 days.  You don't have to have an attorney for this.  When the court date is set, go to court, and explain your position.  Once judgement has been made against you, you can file an appeal bond, which is simply a form that the court gives you, and you have 2 other parties sign as sureties(usually $5000), which you don't have to pay.  The appeal will go to county court, usually takes another 2 months for the court to hear the case.
         
        So, for $5.00, you can get about another 3-4 months of living in the home.  Don't sweat this process.
         
        Study the property code and Texas rules of civil procedure for more info on forcible entry and detainer.
         
        Moisha


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      • Michael Noonan
        Filing an injunction will not work, unless you just want to file it as an emergency motion, which will buy you time until the judge says no. By filing a
        Message 3 of 13 , Mar 5, 2007
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          Filing an injunction will not work, unless you just
          want to file it as an emergency motion, which will buy
          you time until the judge says no.

          By filing a motion, it stops the process. If you
          choose this tact, set the date at least thrss weeks in
          advance to be in court on the motion. That buys you
          3 weeks.

          If you file a motion, you need to take a copy to the
          sheriff office and show that there is a motion
          pending to get the procedure stopped.

          Should BK be chosen, an interesting approach, when
          assets are listed, list the value of the original
          promissory note from the mortgage as money owed in the
          asset column. What will the bank do when the info
          has to be verified?

          That will give leverage into challenging the lender
          that the money is actually due.

          Otherwise, follow Moisha's advice giving his
          familiarity with local rules.

          mn



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        • Moisha Pippik
          Michael wrote:
          Message 4 of 13 , Mar 5, 2007
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            Michael wrote:

            <Should BK be chosen, an interesting approach, when
            <assets are listed, list the value of the original
            <promissory note from the mortgage as money owed in the
            <asset column. What will the bank do when the info
            <has to be verified?
             
            Moisha's reply:
             
            I actually like the B/K idea for several reasons:
             
            1)  If you or your family are pending foreclosure, your credit should not be a concern.  The B/K will cost you somewhere between $200-$400 to file.  That will stay the foreclosure.  All you need is the B/K number.  You can hire an attorney to file the forms, and he will usually charge you some small amount upfront, and then the rest will be included in the CH.13 B/K for payout.
            2)  From Michael's statement, and my own experience, the judge in the B/K proceeding is actually quite a bit smarter than any JP judge or county judge, in that he must follow strictly the Federal Rules.  I went this route, unfortunately, I had an attorney when we went before the judge.  However, I raised the issue of ......show me the note.  The judge said that would be like"finding NEMO".  The plaintiffs attorney(lender) was not prepared for this challenge, and the judge allowed 2 weeks for the plaintiffs attorney to come back into court.  At the next hearing, my attorney raised the issue again, and the judge claimed he did not recall his statement of "finding NEMO", and told my attorney he would allow him to file with the court an affidavit of what he said, but my attorney declined in fright.  The attorney was able to get the stay lifted.  However, this did give me an additional 6 months to deal with the foreclosure, before going to JP court for the eviction.
             
            Just my experiences in this matter.
             
            Moisha 


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          • Michael Noonan
            ... You can hire an attorney to file the forms, ... No need to hire an attorney. Much cheaper and more efficient to go to BK court, fill out the form, pay the
            Message 5 of 13 , Mar 5, 2007
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              --- Moisha Pippik <moishanb@...> wrote:

              You can hire an attorney to file the forms,
              > and he will usually charge you some small amount
              > upfront, and then the rest will be included in the
              > CH.13 B/K for payout.

              No need to hire an attorney. Much cheaper and more
              efficient to go to BK court, fill out the form, pay
              the fee, and take that form to the sheriff to stop
              the eviction.

              > 2) > However, I raised the issue of ......show
              > me the note.

              No need to go that route. Demanding the note was to
              have been made during the initial response to the
              complaint. That has now been waived.

              Claiming the value of the promissory note as an asset
              due from the lender on the BK form will create a very
              uncomfortable problem for verification.

              The claim behind listing the value of the promissory
              note is that the lender made a deposit of the note
              and never gave it back.

              That should stop the thing cold.

              mn




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            • SWa2890468@aol.com
              I have a situation that I would like to have clarified. Tje IRS has filed a notice of lien/levy/siezure on some land that I have in a Trust. Supposedly the
              Message 6 of 13 , Mar 6, 2007
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                I have a situation that I would like to have clarified.  Tje IRS has filed a notice of lien/levy/siezure on some land that I have in a Trust.  Supposedly the have it set to be auctioned on 3/14/07.  If I have motions in State District Court for Juicial Review to review of a document purported to create a Lien: should this stop any action such as the sale of the auction?  Please respond. 



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              • W. Nolen
                Just because you have motions does not somehow stop the IRS from going forward with their lien sale of the property. What you should have done (but it maybe
                Message 7 of 13 , Mar 7, 2007
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                  Just because you have "motions" does not somehow stop the IRS from going forward with their lien sale of the property.
                   
                  What you should have done (but it maybe too late) is to file an "ORDER TO SHOW CAUSE" and included therein as part of the order to show cause that the court DELAY or POSTPONE the sale to a future date after your motion/order to show cause is heard.
                   
                  Judges are very reluctant to sign an order to show cause.  When they do, they usually want you to post a bond (or cash) into the court equal to the amount that the IRS is claiming is owed.
                   
                  Without an order of the court prior to the tax sale date, there is to the best of my knowledge no way to legally stop tax sale absent perhaps an agreement between yourself and the IRS (which does happen but again is very very rare).
                   
                  You should have started something to stop this sale as soon as you heard about it and then, as I mentioned above, by means of an Order to Show Cause rather than by motion.
                   


                  SWa2890468@... wrote:
                  I have a situation that I would like to have clarified.  Tje IRS has filed a notice of lien/levy/siezure on some land that I have in a Trust.  Supposedly the have it set to be auctioned on 3/14/07.  If I have motions in State District Court for Juicial Review to review of a document purported to create a Lien: should this stop any action such as the sale of the auction?  Please respond. 



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                • Pro Se
                  YOU NEED TO FILE A F.O.I.A. REQUEST W/ THE IRS & DEPT OF THE TREASURY & THE TAX COURT OF THE UNITED STATES... REQUEST COPIES OF ALL JUDGEMENTS AGAINT YOU
                  Message 8 of 13 , Mar 7, 2007
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                    YOU NEED TO FILE A F.O.I.A. REQUEST W/ THE IRS & DEPT
                    OF THE TREASURY & THE TAX COURT OF THE UNITED
                    STATES...

                    REQUEST COPIES OF ALL JUDGEMENTS AGAINT YOU


                    REQUEST TRANSCRIPTS OF ALL HEARINGS & THE DATES
                    OF THOSE HAERINGS


                    DEMAND HEARINGS & FULL DUE PROCESS

                    SEND IT ASAP CERT. MAIL RETURN RECEIPT



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                  • mobinem@aol.com
                    You can try filing a form 12277 and put as the grounds Title 26 section 6331(a). You will need to inform them you are not an elected official or a federal
                    Message 9 of 13 , Mar 7, 2007
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                      You can try filing a form 12277 and put as the grounds Title 26 section 6331(a). You will need to inform them you are not an elected official or a federal employee.
                       


                      John C., of the family Stuart
                      623-206-4339
                      mobinem@...
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                    • starman_lonewolf_333
                      I have, on a couple of occasions, attempted to address Courts of Competent Jurisdiction. I will address that later on in this reply. Your issue at hand, if
                      Message 10 of 13 , Mar 7, 2007
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                        I have, on a couple of occasions, attempted to address "Courts of
                        Competent Jurisdiction." I will address that later on in this reply.
                        Your issue at hand, if I understand correctly, is that your house is
                        in a Trust. If that is true then you have Non Judicial remedy in
                        which to hold the "Infernal Revenuers" personally, severally and
                        jointly liable. This process happens when you file a "Waiver of
                        Tort-Self-Executing Contract" for the following Torts, including but
                        not limited to: "Tortuous Interference with a Private Contract for
                        Economic or Financial Gain; Impairing the Obligation of Contracts,
                        Trespass on the Case; Extortion (See 26 USC 7214, Sections 1, 3, & 7;
                        Fraud and other related Common Law crimes" just for a few. You can
                        add as many as you like. Each tort has a "Treble Damage"
                        automatically and you can put the exemplary and/or punitive damages on
                        top of that for good measure. Each Tort has to be given a definitive
                        Value against each and everyone of the perpetrators, including but not
                        limited to the individual Agents, the Technical Compliance Officer,
                        the Commissioner and the Agent in either Kansas or Ogden, Utah. They
                        have ten days in which to restore you. If at the end of ten days they
                        don't respond or cure their Faults, you begin the Notarial Protest
                        and/or file a Commercial Lien as they have failed to Personally
                        respond in an Affidavit Form to you "Self-Executing Contract." You do
                        the three step Notarial Protest and then give each one of them
                        Constructive Notice of Lis Pendens and Intent to Sue.

                        If they do not restore you, you file a "Replevin/Detinue Action along
                        with an Action of Trespass on the Case, Violations of the "Takings
                        Clause" under the Fifth Amendment and whatever action you can find and
                        bring in an Original Action in the Federal Claims Court (A True
                        Article III Court) under 28 USC 1491 and specifically under Section
                        1494 which covers contractors, agents, agencies and so forth that are
                        an actual functioning part of the U.S. government or contracting for
                        or ont eh behalf of the United States, which is the IRS! They have no
                        immunity!

                        Hit them with your best shot! They always seem to hit in the wallet!
                        We can do even better that that. You will also need to check with
                        your state Judicial System and find out if they have a "Court of
                        Claims" or a "Board of Claims" (found in Commonwealths). They have
                        consented to be sued in both!

                        Have fun spending their money! By the way, the Federal Claims Court
                        and in my case for Michigan, the "Court of Claims" are the only Courts
                        of COMPETENT JURISDICTION! If they give you any grief or harrassment,
                        or attempt to change the venue to an Article I Court of Limited
                        Jurisdiction, you add more Tort Damages and enter a Motion for
                        Transfer for Want of Jurisdiction for Want of Jurisdiction under 28
                        USC section 1631. Even Bush and Cheney have consented to be sue in
                        the Federal Claims Court. It's really funny when I first discovered
                        these Courts. When I attempted to pull them up on line, they shut
                        down my attempts and also shut down my computer for half and hour!
                        Our Creator has always left us with a remedy and a means of escape
                        when there seems to be no way out!
                        If you have any more questions about similar situations with Trusts,
                        it is a blatant Tortuous Interference with a Private Contract and you
                        take their money. They will repent very quickly and if you pursue it
                        properly they will even go so far as to give Perpetual Injunctive
                        Relief in the form a Writ of Prohibition!

                        Namaste!

                        Love and Light!

                        Joey-T.: starmanlonewolf@...,starman_lonewolf_333@...
                        or oneredfalcon@...
                        >
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                      • dog8whisperer
                        ... starman_lonewolf_333 wrote: I have, on a couple of occasions, attempted to address Courts of Competent Jurisdiction. I will
                        Message 11 of 13 , Mar 7, 2007
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                          --- In tips_and_tricks@yahoogroups.com,
                          "starman_lonewolf_333" <starman_lonewolf_333@...> wrote:

                          I have, on a couple of occasions, attempted to address "Courts of
                          Competent Jurisdiction." I will address that later on in this reply.
                          Your issue at hand, if I understand correctly, is that your house is
                          in a Trust. If that is true then you have Non Judicial remedy in
                          which to hold the "Infernal Revenuers" personally, severally and
                          jointly liable. This process happens when you file a "Waiver of
                          Tort-Self-Executing Contract" for the following Torts, including
                          but not limited to: "Tortuous Interference with a Private Contract
                          for Economic or Financial Gain; Impairing the Obligation of
                          Contracts, Trespass on the Case; Extortion (See 26 USC 7214,
                          Sections 1, 3, & 7; Fraud and other related Common Law crimes"
                          just for a few. You can add as many as you like. Each tort has a
                          "Treble Damage" automatically and you can put the exemplary
                          and/or punitive damages on top of that for good measure. Each
                          Tort has to be given a definitive Value against each and everyone
                          of the perpetrators, including but not limited to the individual
                          Agents, the Technical Compliance Officer, the Commissioner and
                          the Agent in either Kansas or Ogden, Utah. They have ten days in
                          which to restore you. If at the end of ten days they don't respond
                          or cure their Faults, you begin the Notarial Protest and/or file a
                          Commercial Lien as they have failed to Personally respond in an
                          Affidavit Form to you "Self-Executing Contract." You do the
                          three step Notarial Protest and then give each one of them
                          Constructive Notice of Lis Pendens and Intent to Sue.

                          If they do not restore you, you file a "Replevin/Detinue Action
                          along with an Action of Trespass on the Case, Violations of the
                          "Takings Clause" under the Fifth Amendment and whatever action
                          you can find and bring in an Original Action in the Federal
                          Claims Court (A True Article III Court) under 28 USC 1491 and
                          specifically under Section 1494 which covers contractors, agents,
                          agencies and so forth that are an actual functioning part of the
                          U.S. government or contracting for or ont eh behalf of the United
                          States, which is the IRS! They have no immunity!

                          Hit them with your best shot! They always seem to hit in the
                          wallet! We can do even better that that. You will also need to
                          check with your state Judicial System and find out if they have a
                          "Court of Claims" or a "Board of Claims" (found in
                          Commonwealths). They have consented to be sued in both!

                          Have fun spending their money! By the way, the Federal Claims
                          Court and in my case for Michigan, the "Court of Claims" are the
                          only Courts of COMPETENT JURISDICTION! If they give you
                          any grief or harrassment, or attempt to change the venue to an
                          Article I Court of Limited Jurisdiction, you add more Tort
                          Damages and enter a Motion for Transfer for Want of Jurisdiction
                          for Want of Jurisdiction under 28 USC section 1631. Even Bush
                          and Cheney have consented to be sue in the Federal Claims Court.
                          It's really funny when I first discovered these Courts. When I
                          attempted to pull them up on line, they shut down my attempts
                          and also shut down my computer for half and hour! Our Creator
                          has always left us with a remedy and a means of escape when
                          there seems to be no way out! If you have any more questions
                          about similar situations with Trusts, it is a blatant Tortuous
                          Interference with a Private Contract and you take their money.
                          They will repent very quickly and if you pursue it properly they
                          will even go so far as to give Perpetual Injunctive Relief in the
                          form a Writ of Prohibition!

                          Namaste!

                          Love and Light!

                          Joey-T.: starmanlonewolf@...,starman_lonewolf_333@... or
                          oneredfalcon@... It is not my house that is in a Trust it is some
                          Acreage. Is the message the same, whether it is my house or
                          acreage? Thx,dog8whisperer --------------------------------- AOL now
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