[ntellect]

SUMMARY



I'm still hanging in and fighting but I don't know what my next move is as of yet. Here's where I am thus far: After my loss at the Dispossessory Hearing Case when the judge signed the order/judgment for Writ Possession for the mortgage company I filed a Motion To Vacate Foreclosure Order/Judgment and a Writ of Certiorari both in Superior Court. The Writ is to petition the Superior Court to look at the state civil court (dispossessory warrant hearing) case and it's judgment. Which should force the issue of the court to consider the evidence that I submitted and force the mortgage company to submit evidence of the alleged debt. Of course the lawyers for the mortgage company on 5/27 filed a "First Amendment To Answer and Defenses Defendant's Answer and Defenses To Plaintiff's Writ of Certiorari", "Defendant's Response In Opposition To Plaintiff's Motion To Vacate Foreclosure Judgment/Order" and "Defendant's Motion To Dismiss Writ Of Certiorari". They have all kind of case precedents in their filings and I can't make heads or tails of it. So I guess I'm just sitting, waiting to see if the judge will now schedule a hearing on my motions or dismiss them. Any advise? Still fighting



UPDATE



I have been waiting to get a hearing date in Superior Court for the Motion To Vacate Foreclosure Order/Judgment and the Writ of Certiorari after the lawyers filed their motions to block it. Yesterday, 6/21, I received a notice in the mail notifying me that I am to appear in court on June 28th. The lawyers for the mortgage company have filed a “MOTION FOR PAYMENT OF RENT PENDING WRIT OF CERTIORARI.” This is a continuous civil action in the state court from the initial DISPOSSESSORY HEARING CASE which the judge gave WRIT POSSESSION to the mortgage company.



The MOTION FOR PAYMENT is requesting that the court order me to pay rent into the registry of this court until the issues have been finally determined on “appeal.” It also requests that if I don’t immediately pay into this registry that I no longer be entitled to possession of the property.



Firstly, if my Superior court case of Motion To Vacate Foreclosure Order/Judgment and the Writ of Certiorari is still pending, how can they force me into court to pay rent.



Secondly, “technically speaking”, a Motion To Vacate Foreclosure Order/Judgment and Writ of Certiorari is not an “appeal” or is it?



Thirdly, since I’m disputing title ownership because my alleged debt to the mortgage company has been legally discharged by way of a Promissory Note and B.O.E, I shouldn’t have to pay rent because I am not a tenant any more which the Security Deed initially made me, unknowingly to me.



Does anyone have any "advise" which might help me in the court room on June 28?



Ntellect