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This is what happened in court today
Okay here's what happened at court.
We did not swear in and were heard. In fact we were not even asked to swear in. We were in Judges chambers at 1:30PM and everything started about 1:45PM.
The opposing counsel started off and basically said we were in default of the agreement and that we had a loan with the MC that we defaulted on. I said that Secured Party has seen no material fact or evidence That the tender of the BoE to the Plaintiff was ever sent back marked uncollectable or that the Drawee, John Snow ever issued a Dishonor on the instrument or that he ever received the instrument from Plaintiff. Plaintiff came back and said that it was not their responsiblity to go to the drawee for payment, but that that was our responsibilty. Just as I was going to respond and I am handling things pretty well at this point, the Judge says we need to here from Mrs. Doe as the loan is hers you (me) are not on it and she needs to speak for herself.
I told the judge as the head of my household I believed it my resposibility to speak for my wife. At that point I was threatened with being brought up on charges for practicing law without a license if I said one more word. Well, my wife not really knowing what to say did the best she could. The judge knew I knew what I was talking about and my wife did not and he shifted to her.
One of the things that was not answered was the fact that the Plaintiff said it was our responsibilty to go to the drawee to make sure the payment was made. Secured Party has not been presented with any material fact or evidence that, if as the drawer I issue a check to the beneficiary, that it is not the respposibility of the beneficiary to present it to the drawee (bank) for refusal or acceptance. How does the MC propose I take the instrument to the drawee for payment when the MC has the BoE in their possession. If I send someone a check (is not a check a BoE or draft?) do they not deposit it in their bank and their bank sends it to the drawee bank for payment (acceptance or refusal). I was not allowed to speak regarding this though thus the summary judgment.
There were other issues that were brought up as well like there was no competent fact witness present and no certified documents or my wife was ever lent any real, or otherwise, money. Lawful money is: "LEGAL TENDER" and real money is: "Money which has real metalic, intrinsic value as distinguished from paper currency, checks and drafts." (Black's Law 6th) The judge just said broken record and also said be careful what you ask for and threatened us with treble damages and issued the judgment.
At any rate my wife will have to be brought up to speed as she will have to be the one to speak from now on and she will be going into the public. She wants to do that and I support her decision and will stand with her on this. She is wanting to learn and fight for this. We will be filing a motion for rehearing and then appeal which will keep us in our home for probably at least another 5-6 months or longer. I will be helping her and so will others as well.
Also one of the next steps (and my wife is chomping at the bit) is filing a complaint with the Florida Bar Association against the Fiduciary for dereliction of duty, misfeasance and malfeasance for not doing his first duty, which is to the court and the law by due diligence investigation of all the evidence and submitting those findings to the court, whether for his client of not. If the Bar refuses to do anything we will then take it to the Florida Supreme Court and if they refuse to do anything then as far as we are concerned there is no remedy. This is in the works as I am writing this. Only time will tell.
There is too much to remember from today, but I wll have the transcript the beginning of the week so that we can put the motion for rehearing together. We fully expect another summary judgment and the filing of the appeal.
I would just like to say I believe in dealing in the private, but I support my wife's wishes regarding this issue and will back her 100% in this
iamfreeru2
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