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Rent Hearing Loss
Hey everyone. I'm baaaack! I'm stressed, depressed, tired and don't know what else to do. I've tried many, many remedies to no avail.
The mortgage company was finally able to get me back into court for a Motion To Pay Rent Hearing(second one) here in good-ole-boy Atlanta, Georgia. Here's a summary: November 2003, BOE tendered to morgage company, morgage company foreclosed on my home Feb 3, 04, recorded a foreclosure Deed in their name against my property, a Writ of Possession was granted to the mortgage company, I filed an Appeal in the Georgia Court of Appeals and the mortgage company then filed Motion to Pay Rent in State court. Well that was today and they won. The judge looked past all my UCC docs, BOE, etc as I expected and ordered that I pay back rent of $8800 into the registry of the court by December 20th and a monthly fee of $800 every month until a descision is rendered in my Appeal case and if I don't pay by December 20th, an "Immediate" Writ of Possession will be granted to the mortgage company and I will be evicted immediately on or right after the 20th right before the holiday. The judge made it very clear to another couple who were contesting their foreclosure that Superior Court is the correct court to do so. Now I had filed a Motion to Vacate Foreclosure and Writ of Certiorari in Superior Court prior to the rent hearing but to no avail. I wasn't quite sure on what to do after the mortgage company answered it by Dismissal Motion and it was dismissed and I was informed by the judge in the rent hearing that the Motion to Vacate the Foreclosure wouldn't have stoped the eviction. (could have been a lie)
I'm attempting to find something I can file in court to stop this latest attempt to evict me but I haven't come up with anything as of yet. I know I am not going to win using the judicial system and filing regular motions in their court. I am only attempting to buy myself some time until I can find other remedies. Someone mentioned that I possibly might be able to file a restraining order
in Superior Court against the mortgage company and possibly by some
time. The mortgage company is in a different state. The restraining order is only to get a hearing, which more than likely will be at least 30 days out and buy me a little more time.
Maybe I didn't put the motion to vacate together nor file it properly. So now I'm thinking maybe some type of injunction in Superior Court of the lower court order. I have not been able to find any docs here dealing with this specifically.
Ntellect
foreclosed and bought my home Feb 3, 2003. Mortgage company
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Seek the truth, find the truth, know the truth, apply the truth, then and only then will it set you free.
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