Need Help with Land Patent-Eviction

[bella]

I went and got a land patent because it was to my understanding that it would save my house....?

[weishaupt1776]

put a big @$$ lien on it w/the land patent at the county recorder

time to start playing hardball

If the are going to put you out, might as well poke an eye out on your way down !

[PANICPASS]

Originally Posted by bella

I have a land patent on my home. But, the bank hired a real estate agent to evict any resident living in the home so they can try to sell it. How can I stop this process. Please help...Thanks

A real estate agent cannot evict you. Only a sheriff can evict and a sheriff has to have a Writ (order) from the court to do to it.

The process for evicting a homeowner is basically the same as for renters i.e., you first have to be served with summon and complaint.. :

http://www.larcc.org/pamphlets/housing/tr_eviction.htm

[mikah2k]

In addition to what Weis wrote,

Do your own eviction process against the bank.

In this you act like the landlord/landlady that you are, and copy the exact process the bank uses to evict, the legal name of the bank being the tenant without a lease or rental agreement.

Mail/Send/Serve notice to the house just like the bank does. When last has that bank tenant squatter sent you a lease/rental payment?

I have often found court clerks are helpful to new landlords doing evictions. And you may find that using a consenting-friend's address as your "landlording office" would be helpful.

[bella]

Thanks...I will try that...Whe the banks take me to court for unlawful detainer on the other homes what can I do to have the judge here my case on the land patent. It seems they are on the banks side to have you evicted...

[bella]

Originally Posted by weishaupt1776

put a big @$$ lien on it w/the land patent at the county recorder

time to start playing hardball

If the are going to put you out, might as well poke an eye out on your way down !

Thanks..that was helpful any more info??

[bella]

Originally Posted by mikah2k

In addition to what Weis wrote,

Do your own eviction process against the bank.

In this you act like the landlord/landlady that you are, and copy the exact process the bank uses to evict, the legal name of the bank being the tenant without a lease or rental agreement.

Mail/Send/Serve notice to the house just like the bank does. When last has that bank tenant squatter sent you a lease/rental payment?

I have often found court clerks are helpful to new landlords doing evictions. And you may find that using a consenting-friend's address as your "landlording office" would be helpful.

You were really helpful...thanks for the great info..Let me know more...

[bella]

While in court for the unlawful detainer against the home the judge wouldn't here the case of title ownership he said to here the other case we would have to do something called "quite course" or something to that affect??

[Livefire]

bella,

You might also want to review the links in this post of Weishaupt's. A federal judge by the name of Boyko tossed out a foreclosure case brought by Deutsche Bank because they couldnt/wouldnt produce the original loan contracts signed by the homeowners. That is a basic principle of the ucc (uniform commercial code).

So if this bank cant produce the ORIGINAL agreement, they are not holder in due course and have no grounds to bring suit before the court. It seems that bank have gotten sloppy ever since they started securitizing loans and started trading the derivatives on the bond markets. The original docs get misplaced and or lost (keeping millions of loan agreements must be a real pain! LOL)

Bottom line...make the damn bank prove that they hold the note (its their burden, not yours!) The judge may have to consider this. especially since a federal court has created a precedent in this area!


http://www.suijuris.net/forum/123962-post1.html

[bella]

Originally Posted by Livefire

bella,

You might also want to review the links in this post of Weishaupt's. A federal judge by the name of Boyko tossed out a foreclosure case brought by Deutsche Bank because they couldnt/wouldnt produce the original loan contracts signed by the homeowners. That is a basic principle of the ucc (uniform commercial code).

So if this bank cant produce the ORIGINAL agreement, they are not holder in due course and have no grounds to bring suit before the court. It seems that bank have gotten sloppy ever since they started securitizing loans and started trading the derivatives on the bond markets. The original docs get misplaced and or lost (keeping millions of loan agreements must be a real pain! LOL)

Bottom line...make the damn bank prove that they hold the note (its their burden, not yours!) The judge may have to consider this. especially since a federal court has created a precedent in this area!


http://www.suijuris.net/forum/123962-post1.html

Thank you livefire...it seems like the bank doesn't even have to be there and the judge orders the judgement in their favor...The judge still evicts the residents??