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Re: [tips_and_tricks] Fighting A Foreclosure - TO BE EVICTED IN 2 DAYS

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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 1 of 13 , Mar 4, 2007


      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 2 of 13 , Mar 5, 2007
        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 3 of 13 , Mar 5, 2007
          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 4 of 13 , Mar 5, 2007
            --- 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 5 of 13 , Mar 6, 2007
              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 6 of 13 , Mar 7, 2007
                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 7 of 13 , Mar 7, 2007
                  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 8 of 13 , Mar 7, 2007
                    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
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                    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 9 of 13 , Mar 7, 2007
                      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 10 of 13 , Mar 7, 2007
                        --- 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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