Looky Looky what I found

Long story short, I can't do the trust route right now, because I am getting ready to fight the IRS also. I haven't had time to do the Land patent thing, and I am going to focus on that next week hopefully.



But I am getting ready to fight a possible looming foreclosure, and we are in a non-judicial state.



I have been praying and looking for the answers, and any solution worth presenting, and this evening, I was looking over the NC Statutes, and the following popped up.



§ 45-36.3. Notification by mortgagee of satisfaction of

provisions of deed of trust or mortgage, or other

instrument; civil penalty.



(a) <u>After the satisfaction of the provisions of any deed of

trust or mortgage, or other instrument intended to secure with

real property the payment of money or the performance of any

other obligation and registered as required by law, the holder

of the evidence of the indebtedness, if it is a single

instrument, or a duly authorized agent or attorney of such

holder shall within 60 days:</u>

(1) Discharge and release of record such documents and

forward the cancelled documents to the grantor,

trustor or mortgagor; or,

(2) Alternatively, the holder of the evidence of the

indebtedness or a duly authorized agent or attorney

of such holder, at the request of the grantor,

trustor or mortgagor, shall forward said instrument

and the deed of trust or mortgage instrument, with

payment and satisfaction acknowledged in accordance

with the requirements of G.S. 45-37, to the

grantor, trustor or mortgagor.

(b) Any person, institution or agent who fails to comply with

this section may be required to pay a civil penalty of not more

than one thousand dollars ($1,000) in addition to reasonable

attorneys' fees and any other damages awarded by the court to

the grantor, trustor or mortgagor, or to a subsequent purchaser

of the property from the grantor, trustor or mortgagor. A five

hundred dollar ($500.00) civil penalty may be recovered by the

grantor, trustor or mortgagor, and a five hundred dollar

($500.00) penalty may be recovered by the purchaser of the

property from the grantor, trustor or mortgagor. If that

purchaser of the property consists of more than a single

grantee, then the civil penalty will be divided equally among

all of the grantees. <font color=red> [b]A petitioner may recover damages under

this section only if he has given the mortgagee, obligee,

beneficiary or other responsible party written notice of his

intention to bring an action pursuant to this section. [/color] Upon

receipt of this notice, the mortgagee, obligee, beneficiary or

other responsible party shall have 30 days, in addition to the

initial 60-day period, to fulfill the requirements of this

section.





Looks like I am going to be sending out a notice of intent to file lawsuit tomorrow.



<font color=red>See, they received the CPN's on 6-24-04. 8-22 will be 60 days.[/color]



Now, can anyone tell me if I can file a Lis Pendens off of the Notice that I will send out?



Seems feasible, but I have not looked yet. Looking for that next. Replies are welcome.

[weishaupt1776]

[color=black][b] That's just gotta hurt - - especially if your the company's attorney whose gonna wake up & realize that he could've gotten a better education for free on Sui Juris & at the law library rather than the $150 K a year he spent learning to be an esquire.

[Ice]

Yeah, it's amazing what a couple of bucks in "late charges" at the library can do.

This may sound really stupid, but I gotta risk that.



Which court would I file suit in?



District, Superior, Federal?



Which?



The Foreclosure hearings are set in County Superior Court.





Thanks



HB

[Ice]

Well, it's an NC statute... so it would be in a NC court... don't ya think?

Like I said, I had to risk sounding stupid.



Sometimes the most obvious things are hidden in plain view.



Thanks Ice.

HB,

Now go look at your statutes or codes annotated and find cases that support your position. Then go at least three deep in the cases.

You will then have more horse power than you will know what to do with.

Jim

[suijuris]

Jim, I bet I know who told you that. I was told there are three levels of knowledge on this stuff:



Level one - read the primary cases and you will know as much as everyone else in the room, at least the opposing attorney.



Level two - read all the cases cited by the primary cases and you will know more than the attorney and as much as the judge.



Level three - hmmm, does anyone really get this far? It means reading all the cases cited in level two.

Jim,



Thank you for that. My wife just laughed with me on that one.



I will be searching them out this weekend. Trust me.

[gregtu]

Henry, you should be having fun with this by now.