Unnotified foreclosure without due process

Hi everybody.

I have been silently reading all your posts and learning a lot in the process.
Now, i would like your feedback on the following:

I had a property facing foreclosure, and had initiated its "defense" with some courts procedures. A time table was to be observed and i had some strategy in mind. But I learned, two days ago, that my property had been sold (foreclosed) without due process.

What a free man should do when this situation is faced?

I thank all your comments in advance.

Fight deadly force with deadly force?

Did they come to your home with weapons?



Just asking.

Henry Franklin

Originally Posted by napoli

Hi everybody.

I had a property facing foreclosure, and had initiated its "defense" with some courts procedures. A time table was to be observed and i had some strategy in mind. But I learned, two days ago, that my property had been sold (foreclosed) without due process.

What a free man should do when this situation is faced?

it seems one might find the court **** up in the transcript and evidence records. i havent delt with foreclosure, but procedure dictates a thing, maybe you could put the lower courts procedure it into a higher court? if the sale was on the 10th but they were to answer your motions on the 12th the higher court might reverse and remand for further procedings.

just a thought,

It was a rental property and i had no knowledge of this until after it happened.
Since for your comments.
I really need your valuable feedback to be able to sort some strategy on my mind.

[charlesa6]

Napoli, Welcome to the forum! Do you look into your contract if it contain that clause that your property can be sold and foreclosed on without your knowledge if you are in default.

Originally Posted by napoli

Hi everybody.

I have been silently reading all your posts and learning a lot in the process.
Now, i would like your feedback on the following:

I had a property facing foreclosure, and had initiated its "defense" with some courts procedures. A time table was to be observed and i had some strategy in mind. But I learned, two days ago, that my property had been sold (foreclosed) without due process.

What a free man should do when this situation is faced?

I thank all your comments in advance.

HAVE YOU CONTACTED THE PARTY WHO CONDUCTED THE FORECLOSURE?
ALSO, READ ABOUT YOUR STATE'S LEGAL FORECLOSURE PROCEDURE. IF THEY DIDN'T FOLLOW THE RULES THEN YOU COULD SUE FOR WRONGFUL FORECLOSURE.

[lionel]

It would depend upon if your property is located in a judicial foreclosure state or a power of sale state. There are procedures that must be followed depending upon the laws of yor state regarding foreclosure. What state is the property located in? You will probably need to go to the court and file a motion to vacate the sale due to non service.

[David Merrill]

"Traverse" into admiralty (since the contemplation of seizure is already there anyway [gold fringes]). The property was considered somehow derelect (floatsam or jettison). Sue in a Libel of Review clearly specifying geophysical coordinates and boundary description (legal description).

[Put the Terrafly crosshair on your roof and read the coordinates on the control panel. http://www.terrafly.com ]

The timeframe is thirty days but considering you were never notified anyway, the Verified Statement of Right is without timeframe stipulations.

http://www.law.cornell.edu/rules/frcp/RuleC.htm

Specifically Rule C(4) Notice

The notice must specify the time under Rule C(6) to file a statement of interest in or right against the seized property and to answer.

Above it is suggested that you may sue for the faulty notice and other flaws in the statutory foreclosure process. The paranoid voices in my head tell me that an investigator detected you were planning on some kind of debt elimination scheme based in the fact you are the creditor from the get-go. So they just jumped you. I think suing on the faults in process will just be bluffing that they will not reveal the admiralty nature of the cause in order to hide the diversity of citizenship issue (colorable v. truth; the fiction on the birth certificate was capitalized upon to generate the credit they appear to have loaned back to you - suppositional wagering scheme [but they lost when you resolved your identity crisis; capital integration]). So now they are trying to generate a sale of your property on the presumption the man has no claim to it (having abandoned the facade of a fictional mask). Do you buy that?

Suing in a "higher" court may be effective but only because they do not want to reveal the represented truth of those gold fringes. The risk management is yours to manage. I have seen Verified Statements of Right keep people in their homes.

See the image on the initial posting...

http://forum.suijuris.net/showthread...socioprolepsis


Regards,

David Merrill.

[wisper]

For what is worth, I sold the same house twice in Wichita KS on real estate contracts. The first time the couple broke up and both left the state. The bank and the VA advised me that I had to bring the payments current or lose the house in forclosure. This was in the 70s when interest was sky high and people couldn't get qualified, unless their credit made them eligible for a new home purchase. My interest rate was at 15.5 percent.I had sold this way because I had moved to Salt Lake and needed out of the burden of the loan. I went back to KS, reinstated the loan and paid penalties and put the house on the market again. The realtor could not get qualified buyers, and so again, I sold on a real estate contract.
This time I went to the VA and to the Bank which held the mtg. and got both to concurr that if a similar situation developed, to contact me first, to affect remedy. Both agreed. I had been transferred to Seattle and was trying to buy a house and found that my credit was bad, due to a forclosure on that house. I contacted the VA and the Pres. of the bank, and both said that they missed it due to all the forclosure activity after the high interest loans started to disappear. The last thing I wanted was the house back again, so I just raised hell with the VA and the banker, for not giving me due process and for default on their word. I was never offered the house, but the VA and the banker both gave notice, in writing to the credit rep. agency and to me that the sale was made contrary to due process and that they both wanted the bureau to remove it, which they did. My credits been fine ever since and they got it off the report, so I could complete the purchase in Seattle.
In every situation there are lessons to be learned!

[David Merrill]

Very revealing.

Thanks.