Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #1  
Old 12-13-2004, 12:24 PM
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ntellect ntellect is offline
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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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Old 12-15-2004, 01:47 AM
iamfreeru2 iamfreeru2 is offline
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One way to possibly buy some time is to file a Chapter 13 BK and file under rule 9014 contested matter. This way you will not have to come up with the $8800.00 and can include it in a plan under bankruptcy. This should place a stay on the judgment that was just rendered. Don't know if that will work, but it is worth a shot. This will put it under federal jurisdiction where the BoE needs to be anyway because anything to do with "money" is federal, not State.

If any others have any suggetions please chime in. Ntellect needs our help.

iamfreeru2

Last edited by iamfreeru2 : 12-15-2004 at 01:50 AM.
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Old 01-27-2008, 04:31 PM
royalllc royalllc is offline
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From what i know....what judical court are you dealing with? I am currently learing many things about common law court. My mentore tells me that current judical court has no juridiction over a sovereign man...if you know to how to present yourself in court as severeign.....applying savings to suitors....is a way to put this regular court into a common law court. Also, there are land patends in GA. It's very difficult to find it....
I just finished UCC...like yourself and your problem will be same to me soon.
Also, there are such thing call " International court of claim" that is to investigate any judge who commits fraud.
A friends of mine received eviction notice 2 days ago, and she will be filing Affidavit of corporate denial from.
Also, you can do commercial lein on public officials.
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