Emergency help Requested! F.E.D. situation

I am trying to help a neighbor.any help in this matter willbe greatly appreciated.listed below are the known facts to date.

{No forclosure proceedings have taken place prior to any of the below actions,or to this date.}

The mortgage company hired an attorney to do the following:{In county court,Not District Court.}

Serve and file a demand for posession.allegedly served on 2-6-04{The demand states the mortgage company is the owner of the property,and the defendant is a tenant}

the demand was never served upon the defendant.but was filed as served.

Then a complaint and summons was filed with the court on 2-10-04 ,but was not served on the defendant until 2-13-04.it was also only stapled to the front door and no attempt was made to physically hand documents to the defendant who was at home at the time of service.

The defendant was suprised at the action as would be normal.The defendant relied on a retired lawyer for advise,and the following occured:

the defendant filed a motion for new trial,which was denied on the same day it was filed,The defendant had also filed for a stay until motion for new trial was heard.

in the motion for new trial,the errors of due process of service were raised but not in detail.

After the motion for new trial was denied,the defendant filed a new complaint in district court against the mortgage company,and the court labeled the complaint as an appeal breif,which it was not,which was duly denied.

The judgement was affirmed and the case was sent back to the lower court for final disposition.which will be the re-issuing of a writ of restitution so that the mortgage company may remove the defendant from the property.



Now,the big question.what can she do now.the matter was not dismissed with prejudice.

The mortgage company has just now motioned the county court for a new writ of restitution.

Can she motion the county court to vacate the judgement?

or should she appeal the district court decision to affirm the judgement?

If there has been no forclosure proceedings,how can the mortgage company claim ownership of the property in the first place?

i know this is a lot of info and help to ask for,but it was just brought to my attention yesterday,and we have been busy getting the case files to see where she stands.

Any help would be greatly appreciated.

Oh,this is taking place in Colorado,Boulder County.

Apatriot,

1. Check the trial rules in your state for methods of service.

2. Check laws for the functions of the courts.

3. Was your friend behind in payments?

4. Check the deed to see if the land was granted to her.

5. Read secrets of the legal industry, both of you.

6. Read the foreclosure laws in your state.



We are looking for anything done in violation of any law. Also I would like to see a better time line of events. A docket sheet would be nice. Do not get an attorney.

Prof. Jim

A note on this, I called our Clerk of Superior Court Yesterday.



I spoke with her on the phone, and asked her if parties going through foreclosure had the right to discovery.



She said: "What do you mean?" I said, "can they use interrogatories, requests for admissions, etc.?"



She said: "Well, I don't like for them to..."



I smiled. The RCP here reads that the rules cover all jucial prodeecings. I will have my interrogatory ready, and my request for admissions and production of documents ready.



HB

[gregtu]

HB,

FRCP Rule 37 Part 5 - Methods to Discover Additional Matter.

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property under Rule 34 or 45(a)(1)(C), for inspection and other purposes; physical and mental examinations; and requests for admission.





If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in an act or acts of treason.

[Jerseee]

Also read up on sanctions.

Right now,we are trying to figure out wether we need to file a motion to vacate in the lower court, where the district judge remanded the case back to.

Or should we file an appeal with all the rule violations,requesting dismissal of the case , in the district court.

The case currently sits in the lower county court.

The county court believes the case is a simple landlord-tennent dispute.{Thus the Forced eviction demand}

But the mortgage company has not attempted any forclosure proceedings yet.And they hired a law firm to collect a debt.

[Ice]

File a Complaint against the mortgage co. for fraud and breach of contract... notify the AG / Court ( via affidavit of probable cause ) that a fraud may have been perpetrated upon the court.



You know the fraud angle of the loan.

You know they may not produce the original note... and if they do - it is evidence of the fraud because it is a forgery.



They perpetrated a fraud upon the court by claiming that they loaned you money and you owed them a debt which was secured by the property. None of which is true.



This takes work... and a lot of it. Anyone out there that owns property take heed. Be prepared NOW for what may come at you in the future. Learn how to use the court, write the docs and as much info as you can in regards to the fraud. And practice examining witnesses. There is a lot of good info posted in this forum... research it thoroughly.



Ice