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Old 07-13-2004, 06:29 PM
networth
 
Posts: n/a
FORECLOSURE PROCEEDINGS: ******* HELP *******

On the following URL, http://www.suijuris.net/debt, there are 9 “facts” that support the claim that the “Bank is stealing your money.” These “facts” are lacking support by listing a code or law that substantiates the “facts”. Could someone please list the laws from either the Constitution, USC, or UCC? These would be very helpful in my current foreclosure proceedings,



I have a construction loan for just over $1 million. The contractor and I had a dispute over the amount of money he had spent without my approval, and then telling me it would cost more than his original bid.



I basically fired him and called the bank to ask if I could resume management of the project without the contractor. Long story short, I received a call from their attorney who told me I was in default on the loan for firing the contractor without their approval, and allowing an IRS tax lien to be filed against me.



They filed a complaint against me on June 29, asking the Judge to allow them to foreclose on the property for $622,000+ (the amount they have loaned to date for the project). There is a hearing scheduled September 29, But I have 16 more days to answer the complaint.



It’s the most absurd thing anyone has ever heard of, since I have never defaulted on payment (always on time), and have always been willing, in fact zealously trying to work with the bank to resolve the issues with the contractor. Once they handed it over to the attorney, they have not wanted to talk to me. I sent them this month’s payment and they sent it back to me, telling me they will only accept full payment.



I’ve been studying the threads in as many relevant topics on your site as possible, as well as soak up as much information from audios and other material that I can get my hands on. I think I have a pretty good idea of the general issues, but need a little help putting it all together.



Because the substance of my Answer to the Complaint is vital, I need to get it right the first time. The issues I bring up in my Answer are going to be the issues considered by the judge in his decision to allow the bank to foreclose, or not.



First, I am in the process of getting a land patent. I’m only wondering if this process can be completed before September 29. I’m sure it can’t be complete before I file my Answer to the complaint, but I don’t know how important that would be. I would assume that as long as I had a land patent by September 29, I would secure the land and prevent them from “evicting” me off the land.



My questions are as follows...



<blockquote>(1) I need to Answer the Complaint and am wondering which issues are most relevant</blockquote>



<blockquote>(2) If I Answer the Complaint, I have acknowledged myself as the trustee of the corporate “person” they identified in all caps as the defendant. How should I approach this? </blockquote>



<blockquote>(3) I can ask them (through the Discovery process, I assume), to produce the original note, as a copy is not sufficient evidence to prove that a genuine note exists (they included a copy of the PN as exibit attached to the Complaint. Am I on the right track? If so, what law or code do I use to support the validity of my challenge that a genuine note, unaltered must exist? Or is this something that would need to be challenged now, and then require the bank to produce in the pre-trial on September 29? </blockquote>



<blockquote>(4) If I Answer the Complaint as a trustee of the corporate “person” (my name in all caps), don’t I subject myself to their jurisdiction, Admiralty laws, procedures, etc.?</blockquote>



Any and all help with your excellent perspectives and knowledge on how to best go about discharging my mortgage, and dealing with the immenent foreclosure proceedings would be greatly appreciated.



What I am hoping to get is codes that support the specific actions that I would need to take, as well as the particular procedures (Motions, Discovery, Judicial Notice, Complaints, etc) necessary to file and serve for each of the actions necessary. Thanks a million! (literally)
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