Foreclosure help in default.

[free*to*be*me]

O.K. I am about to air my problem of foreclosure because I need help and don't know which way to handle it.

I am in foreclosure, this is the story and how I handled it, any advice would be very welcome, I should note I have LoR filed.

The attorrn. for the lender sent a notice of filing foreclosure regular mail, I R4C it along with the clerk instruction directing them to the LoR file, and sent it back, then they filed for foreclosure in the county court, and tried to introduce the note into the file, which in our state of ohio anything introduced into evidence like the mortgage and note has to be on file with the recorders office, the note was not, probably because it was not valid, I also R4C it back to the court and the attorn., it was some time before some action took place after that, the attorn. then filed a bunch of paperwork into the file, like assignment of mortgage claiming they hold the note and mind you the assignment of mortgage was filed after the foreclosure already started, and I know it has to be filed before the foreclosure action starts, so they did me dirty there, at the same filing she filed for default on us claiming I didn't answer the claim, but I did by R4C.

I didn't want to give them jurisdiction, the LoR states the district courts have exclusive original cognizance, but they totally ignored it.

Well on Aug. 29 the judge ruled we are in default and ruled us to pay the intire amount due in 3 days from the filing date or they would sell the house, but when he made that ruling the clerk held it after filing it then mailed it postmarked to me on sept. 3rd how convenient for them Huh?

This is where I need help, I have few options, file a special apparence motion and ask for the judgment to be vacated and dismissed, try to take it to a higher court, or I was thinking of filing bankruptcy and try to object to the proof of claim to get the original note introduced there, I don't want to enter their court system because what I did all through this was supposed to be honored but wasn't, so in fear of losing the house I have to do something quick, or it will be sold.

I am the one that posted the ohio civ. rule 12 E also jurisdiction and motion to vacate posts, trying to see what I could do, so any help would be greatly appreciated.

Just want to know if I am SOL without a paddle and lost at sea.

[BOBT12]

Originally Posted by free*to*be*me

O.K. I am about to air my problem of foreclosure because I need help and don't know which way to handle it.

I am in foreclosure, this is the story and how I handled it, any advice would be very welcome, I should note I have LoR filed.

Help me out, what is the LoR, and what did you want it to achieve?

Originally Posted by free*to*be*me

The attorrn. for the lender sent a notice of filing foreclosure regular mail, I R4C it along with the clerk instruction directing them to the LoR file, and sent it back, then they filed for foreclosure in the county court, and tried to introduce the note into the file, which in our state of ohio anything introduced into evidence like the mortgage and note has to be on file with the recorders office, the note was not, probably because it was not valid, I also R4C it back to the court and the attorn., it was some time before some action took place after that, the attorn. then filed a bunch of paperwork into the file, like assignment of mortgage claiming they hold the note and mind you the assignment of mortgage was filed after the foreclosure already started, and I know it has to be filed before the foreclosure action starts, so they did me dirty there, at the same filing she filed for default on us claiming I didn't answer the claim, but I did by R4C.

Why do feel that R4C is a answer? What Refusal for Cause did you state? If the answer is nothing, well it may appear to the court that you were not responding, although, it is clear you were served properly. Generally, you must answer each question in the Complaint. If you fail to do this, the court will view you as being in default.

Originally Posted by free*to*be*me

I didn't want to give them jurisdiction,

This has been explained in the previous post. The court likely had jurisdiction. If you did not think this was the case, you should have stated this during response to the Complaint, or filed a Motion, in addition to responding to the Complaint.

Originally Posted by free*to*be*me

the LoR states the district courts have exclusive original cognizance, but they totally ignored it.

It is not clear why you believe this, real estate matters are normally a state issue. Something tells me you did not look at your states Constitution. Of course, you also should look at the Rules of Civil Procedure (RCP) for the court your case is handled in. What did the mortgage call for in cases of non-payment?

Consensus facit legem. Consent makes the law

Originally Posted by free*to*be*me

Well on Aug. 29 the judge ruled we are in default

Everything sort of build toward this sort of result.

Originally Posted by free*to*be*me

and ruled us to pay the intire amount due in 3 days from the filing date or they would sell the house, but when he made that ruling the clerk held it after filing it then mailed it postmarked to me on sept. 3rd how convenient for them Huh?

You may want to use this as a basis to delay the enforcement of the default, you may need to respond within ten days of the receipt of the default.

Originally Posted by free*to*be*me

This is where I need help, I have few options, file a special apparence motion and ask for the judgment to be vacated and dismissed

Contact the courthouse, or look at the Rules of Civil Procedure (RCP), ASAP!

Originally Posted by free*to*be*me

, try to take it to a higher court

You must deal with the current court, or look to the RCP.

Originally Posted by free*to*be*me

, or I was thinking of filing bankruptcy

This may delay enforcement. However, it is clear that you will need to consider getting help from someone, with experience in the sort of issue, like an lawyer. I don’t like to recommend this course of action, however, you don’t have much time to go down another path, and so far you have too much to do in the time allotted, which is almost zero. There is a risk of the loss of the property, and funds spent on the lawyer, you need to sort this out. Beware, however, the R4C cost you valuable time, time that you do not have now!

Originally Posted by free*to*be*me

and try to object to the proof of claim to get the original note introduced there,

On what basis, did you sign the mortgage, or not? If the note change hands, there seems to be some success in the area. This beyond the scope of my response, you need to look this up. However, you need to focus on dealing with the default!

Originally Posted by free*to*be*me

I don't want to enter their court system because what I did all through this was supposed to be honored but wasn't,

What was done that should have been honored? I know that you filed the R4C, however, you need to figure out why you think it should work. Most folks that talk about R4C do not state what the CAUSE is, so what is there to honor in the request? Or they want to use some bond that they don’t intend to repay.

Originally Posted by free*to*be*me

so in fear of losing the house I have to do something quick, or it will be sold.

This could happen.

Originally Posted by free*to*be*me

I am the one that posted the ohio civ. rule 12 E also jurisdiction and motion to vacate posts, trying to see what I could do, so any help would be greatly appreciated.

Check with the courthouse, you don’t have time to mess around with this.

Originally Posted by free*to*be*me

Just want to know if I am SOL without a paddle and lost at sea.

Maybe, do you have a family member that can buy it back house, if it goes up for auction?

You don’t have much time.

This is not legal advice, whatever that is.

[David Merrill]

...has to be filed before the foreclosure action starts, so they did me dirty there...

Sad how these attorneys know process so well as to make it difficult for you.

Well on Aug. 29 the judge ruled we are in default and ruled us to pay the intire amount due in 3 days from the filing date or they would sell the house, but when he made that ruling the clerk held it after filing it then mailed it postmarked to me on sept. 3rd how convenient for them Huh?

Like that - a R4C must be timely or you accept terms.

Now in Colorado for example; Article II - the Bill of Rights at §25;

Section 25. Due process of law. No person shall be deprived of life, liberty or property, without due process of law.

Depriving you of timeliness is depriving you of due process. So figure out who is depriving you and specifically where his bond is published - - or not. Either way! If it is published there then you have actionable cause and can get paid by the taxpayer behind his bond. If not, then you lien everything he owns.



Regards,

David Merrill.

[free*to*be*me]

Originally Posted by BOBT12

Help me out, what is the LoR, and what did you want it to achieve?
*LoR is short for Libel of review, it states all claims in admirality must be brought to the original cognizances of the district court.*

Why do feel that R4C is a answer? What Refusal for Cause did you state?

*The R4C with a clerk instruction directs them to the district court to read my LoR. the answer they received was to file in the district court.*

If the answer is nothing, well it may appear to the court that you were not responding, although, it is clear you were served properly. Generally, you must answer each question in the Complaint. If you fail to do this, the court will view you as being in default.

This has been explained in the previous post. The court likely had jurisdiction. If you did not think this was the case, you should have stated this during response to the Complaint, or filed a Motion, in addition to responding to the Complaint.

*Yes that was an option, but then I would have given them jurisdiction, there own codes state if: (3) Whenever it appears by suggestion of the parties or otherwise that the court lacks
jurisdiction on the subject matter, the court shall dismiss the action.
[Effective: July 1, 1970; amended effective July 1, 1983.]
see the word otherwise? thats what was done.*

It is not clear why you believe this, real estate matters are normally a state issue. Something tells me you did not look at your states Constitution. Of course, you also should look at the Rules of Civil Procedure (RCP) for the court your case is handled in. What did the mortgage call for in cases of non-payment?

*Please explain cases of non-payment.*


Everything sort of build toward this sort of result.

You may want to use this as a basis to delay the enforcement of the default, you may need to respond within ten days of the receipt of the default.

Contact the courthouse, or look at the Rules of Civil Procedure (RCP), ASAP!

You must deal with the current court, or look to the RCP.



This may delay enforcement. However, it is clear that you will need to consider getting help from someone, with experience in the sort of issue, like an lawyer. I don’t like to recommend this course of action, however, you don’t have much time to go down another path, and so far you have too much to do in the time allotted, which is almost zero.

On what basis, did you sign the mortgage, or not? *Please explain this*

What was done that should have been honored. I know that you filed the R4C, however, you need to figure out why you think it should work. Most folks that talk about R4C do not state what the CAUSE is, so what is there to honor in the request? Or they want to use some bond that they don’t intend to repay.

Please explain the bond part.

This could happen.

Check with the courthouse, you don’t have time to mess around with this.

Just want to know if I am SOL without a paddle and lost at sea.

Maybe, do you have a family member that can buy it back, if it goes up for auction?

You don’t have much time.

This is not legal advice, whatever that is.[/quote]

[free*to*be*me]

Originally Posted by David Merrill

Sad how these attorneys know process so well as to make it difficult for you.



Like that - a R4C must be timely or you accept terms.

They still got the default back R4C with a copy of the postmarked envelope.

Now in Colorado for example; Article II - the Bill of Rights at §25;

I will check ohio for this.

Depriving you of timeliness is depriving you of due process. So figure out who is depriving you and specifically where his bond is published - - or not. Either way! If it is published there then you have actionable cause and can get paid by the taxpayer behind his bond. If not, then you lien everything he owns.



Regards,

David Merrill.

How would I find their bond? What are the steps to enforce actionable cause and collect on the bond?

[David Merrill]

The bond is the oath of office, properly published with a responsible unbiased clerk and available certified for under $5. Like that. In Colorado - published at the county clerk and recorder or secretary of state as described in the state constitution.

If they are running a vacant office they have no bond and are dangling. That is why the fellow with a lien on everything Erler owns is not in jail. His lien is perfected. But on the other hand, if Erler had his oath properly published the pockets are all that much deeper. Note the underhanded dirty tactic! The day after the subpoena duces tecum was served (Jan. 16) Erler held a secret foreclosure hearing that the suitor did not discover he had defaulted on until the hearing day - Jan 22nd!

That is not due process of law. Erler is exposed with no oath - or the taxpayers are exposed if he had one. So track the bond on whoever is depriving you of due process.



Regards,

David Merrill.


P.S. The sad part is that Erler is still foreclosing on over 100 properties/day from a vacant office. If people understood this constitutional stipulation, we might be able to do something about this lack of due process. Rule 120 is a way to bypass the statutory regulation that original evidence of debt must be brought forth in the foreclosure hearing! Yep. There is a statute that says so!

[Lawdog]

Originally Posted by free*to*be*me

O.K. I am about to air my problem of foreclosure because I need help and don't know which way to handle it.

Imagine that.

Originally Posted by free*to*be*me

I am in foreclosure, this is the story and how I handled it, any advice would be very welcome, I should note I have LoR filed.

For all the good that did you. How many times do I have to remind people that, the day after DiM filed a lawsuit in federal court, the judge tossed it out with the comment that it was a "rambling, nonsensical, incoherent blotch on this court's docket"? Taking advice from a mentally ill person is never a good idea.

Originally Posted by free*to*be*me

The attorrn. for the lender sent a notice of filing foreclosure regular mail, I R4C it along with the clerk instruction directing them to the LoR file, and sent it back, then they filed for foreclosure in the county court, and tried to introduce the note into the file, which in our state of ohio anything introduced into evidence like the mortgage and note has to be on file with the recorders office, the note was not, probably because it was not valid, I also R4C it back to the court and the attorn., it was some time before some action took place after that, the attorn. then filed a bunch of paperwork into the file, like assignment of mortgage claiming they hold the note and mind you the assignment of mortgage was filed after the foreclosure already started, and I know it has to be filed before the foreclosure action starts, so they did me dirty there, at the same filing she filed for default on us claiming I didn't answer the claim, but I did by R4C.

I didn't want to give them jurisdiction, the LoR states the district courts have exclusive original cognizance, but they totally ignored it.

First of all, the word is "attorney." And a real attorney, not a delusional wannabe like DiM, could have explained to you that notes are not recorded. The mortgages are. A real attorney could also have explained why DiM's R4C/LoR crap is meaningless gibberish and a waste of your time. Not to mention, an attorney could have explained how courts are given jurisdiction by the legislature, and how it's not yours (or the other party's) to either bestow or to take away.

Originally Posted by free*to*be*me

Well on Aug. 29 the judge ruled we are in default and ruled us to pay the intire amount due in 3 days from the filing date or they would sell the house, but when he made that ruling the clerk held it after filing it then mailed it postmarked to me on sept. 3rd how convenient for them Huh?

Of course you were in default. Sending stuff back marked "Refused for Cause" is not an answer in the legal sense of the term. You never filed an answer. Therefore, after the prescribed number of days ran, you became in default by operation of law.

Originally Posted by free*to*be*me

This is where I need help, I have few options, file a special apparence motion and ask for the judgment to be vacated and dismissed, try to take it to a higher court, or I was thinking of filing bankruptcy and try to object to the proof of claim to get the original note introduced there, I don't want to enter their court system because what I did all through this was supposed to be honored but wasn't, so in fear of losing the house I have to do something quick, or it will be sold.

I am the one that posted the ohio civ. rule 12 E also jurisdiction and motion to vacate posts, trying to see what I could do, so any help would be greatly appreciated.

Just want to know if I am SOL without a paddle and lost at sea.

The only advice I can give you is to talk to an experienced real estate attorney in your state as soon as humanly possible. It may be too late to save your house from being sold on the auction block, but you can see where following DiM's nutty theories has gotten you so far.

Best of luck to you.

[ezrhythm]

Originally Posted by Lawdog

...the judge tossed it out with the comment that it was a "rambling, nonsensical, incoherent blotch on this court's docket"?
I might too if I didn't want a non-BAR fly muscle'n in and exposing truth about my racquet.

Taking advice from a mentally ill person is never a good idea.
Sui juris minded, keep that in mind in regards to lie-yers.

A real attorney could also have explained why DiM's R4C/LoR crap is meaningless gibberish and a waste of your time.
There's more deception for you when someone uses the words, real and attorney in the same sentence.
Should say, an honest attorney will offer to help with
one's LoR and encourage R4C because the methods are written in law, sound and successful.

Not to mention, an attorney could have explained how courts are given jurisdiction by the legislature, and how it's not yours (or the other party's) to either bestow or to take away.
More deception leading away from the fact that in todays corporate fiction courts jurisdiction must be given by the accused.

...Sending stuff back marked "Refused for Cause" is not an answer in the legal sense of the term. You never filed an answer.
Folks, it's not supposed to be an answer. An answer would come from one who wants to be the defendant.

The only advice I can give you is to talk to an experienced real estate attorney in your state as soon as humanly possible.
Typical court agent gives advice to put your life in the hands of another court agent. Deception is their bread and butter and Mercedes and beach front home and...

It may be too late to save your house from being sold on the auction block,
Not when the bank can't prove that it owns the home especially when it doesn't.

but you can see where following DiM's nutty theories has gotten you so far.
Looks folks, someone who contributes nothing towards lawful freedom calling it nutty. Tells you who's side their on.

Best of luck to you.

Luck? Live by superstition, die by superstition.

[David Merrill]

Best just to keep him busy or on your Ignore List.

At least with Shoonra we have an attorney talented at finding information - a retired law librarian. And Notorial Dissent seems consistent about the attorney party line. One thing I can say for Lawdog though is that he certainly keeps people considering remedy around here - remedy independent of collection agents called attorneys.

Like that - a R4C must be timely or you accept terms.

As I see the conversation above, one thing about Lawdog quite Shoonra-like is that when I touched upon something sensitive to the esoterics of the Bar, Lawdog decided he best attack my credibility. I looked at the process, which has merits when performed timely, and found where a court clerk "sat on" the process to kill the time limit available. Refusal for Cause seems to have been ignored - and as it should be under normal circumstances. If one is served and does nothing timely, then the conditions of the offer are accepted.

Then FreeToBeMe fell into the mindset that a public official has an insurance policy-type of a bond...

The bond is the oath of office, properly published with a responsible unbiased clerk and available certified for under $5. Like that. In Colorado - published at the county clerk and recorder or secretary of state as described in the state constitution.

This bonding process assures people that the taxpayer is backing its officials. Can anybody see that? Are you members of Suijuris.net intelligent enough to understand why your state has this or something similar written into its constitution?

Section 8. Oath of civil officers. Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter.

Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65.

Section 9. Oaths - where filed. Officers of the executive department and judges of the supreme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected.

Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65.

Section 10. Refusal to qualify - vacancy. If any person elected or appointed to any office shall refuse or neglect to qualify therein within the time prescribed by law, such office shall be deemed vacant.

Source: Entire article added, effective August 1, 1876, see L. 1877, p. 65.

Cross references: For how vacancies in county offices are filled, see § 9 of article XIV of this constitution.

But let's pretend for Lawdog's attorney-feelers that I am interpreting that all wrong. We can see by the sequence of posts here this is what got Lawdog all upset with me. And what is really egging the poor guy is that he admits something the Quatloser doctrine is set on denying - that people are actually R4C and establishing "exclusive original cognizance" of the US government through its district courts; and that this process seems to be effective enough to have clerks killing timeliness of process so that mortgage company clerks in black robes can ignore R4C.

So I can really take Lawdog's silly slurs as compliments and they tend to result in referrals too. I prefer family and friends because they call already convinced remedy is available and that attorners like Lawdog know it when they see it - and sadly, they will quash it and cast aspersions on people like me who teach it outside the cornered market of the Bar Associations.



Regards,

David Merrill.

[Shoonra]

Free*....

I have stayed out of this because it was clear that you weren't interested in going to a real lawyer to save your home.
Since you've been following DiM's advice, I think it's only fair that, after your home has been foreclosed, DiM invites you to share his home, in his mama's basement.