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Originally Posted by jaylon
You cannot rest soley on the merits of your case to defeat or stop foreclosure but must have issues you can hold over those who would enforce it, the sherriff, the trustees who are lawyers, and ofcourse the judge if it is a judicial foreclosure state
oaths, bonds, public officials
Article XXII, Section 19, of the Constitution for the State of New Mexico, and New Mexico Statutes require State officers under oath pursuant to Article XX, Section 1, of that Constitution, to be covered with an individual corporate surety bond before entering upon the discharge of the duties of the office; such bond(s) shall be recorded and filed in the Office of the Secretary of State.
Delivery, and filing of such bond in said office is the
responsibility of the person bonded, and for the purpose of
perfecting title to the office claimed.
[[[[ It is well settled that, (1) filing of such bond is a
requirement of office; (2) filing of such a bond is a requirement to qualify for the office; (3) a failure, or neglect to deliver and file such a bond creates a vacancy within the office ipso facto; so say the courts repeatedly through abundant case law on the matter. ]]]]
New Mexico Statutes Annotated (NMSA) 10-2- 9, in the office of the Secretary of State, a corporate surety bond in his name to have perfected title to the office claimed; he has suffered a forfeiture of office thereby, and is not vested with the lawful authority of the office.
CHAPTER 92
TENURE AND OATH OF OFFICE IN CERTAIN CASES
Section 92:2
92:2 Oath Required. – No person chosen or appointed to any public office or to any position where an oath is required, under any law, shall exercise such office or position or perform any act therein until he shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire, and any such person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved.
Article VI, Clause 3, of the Constitution for the United
States of America requires State officers be bound to their oath(s)-bound as used here means "held to"-.
get copy of the judge's oathof office and copy of his bond on file.to see if he has one. Ask Sec of State, Att Gen, county recorder where it is. If locate the bond see who the bonding company is.Check the oath on file with Sec ot State or at Court house against the one recorded in statutes to make sure they are the same. This can result in the judge recusing himself or dismissng the case agaist you,
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