HELP NEEDED - Invalid Foreclosure/Wrongful Eviction

[sfergnel]

I live in NC. On Aug 25, I failed to attend a foreclosure hearing on my home, because I did not think that whatever I said would make a difference. I felt that I did not have enough knowledge to change the outcome. Given what has transpired since, I doubt it would have mattered. The sale was scheduled for Sep 16. Between Aug 25, and Sep 15, I became somewhat knowlegeable on the subject of money, banking, and sovereignty.

On Sep 16, the day of the sale, I witnessed first hand multiple violations of state law. On Sep 23, I filed with the court clerk an affidavit attesting to what I observed on Sep 16, and the state statutes which were violated. Rather than schedule a hearing on my affidavit, she indicated that she would give the attorney/trustee an opportunity to correct his defeciencies. He did not.

On Sep 26, he recorded a Trustee's deed to the Bank of NewYork, attesting that he had offered the property up for sale, and that he had filed the notice of sale. He had done neither. On Oct 8, he filed the final notice of sale, once again attesting to his previous non-acts.

I continued to research sovereignty, commercial acts, courts. On Nov 10, I received a letter (in natural name) to vacate the premises in 10 days. I fired off a conditional acceptance that he provide proof, under penalty of perjury, that (1) he did not commit fraud upon the courts, and (2) that the Bank of New York was in fact the owners of the property. I had given him 10 days to respond, with additional time if requested. Upon his failure to provide proof of ownership, I gave him 30 days to make me right. He received the letter on Nov 17. I had not acknowledged his dishonor, because he was not yet in default.

Dec 17, I received an envelope in my mailbox, it had no return address, was not cancelled, and was addressed to "Occupant". It contained a Sheriff's Office "Notice of Eviction" to be executed on Dec 23. It addressed to my name in ALL CAPS. It was unsigned, and no judgement was attached. The only attachment was a blank form entitled "LANDLORD'S AGREEMENT TO LEAVE PROPERTY ON PREMISES OR NOTICE THAT TENANT HAS PAID MONEY OWED OR MOVED".

What do I do now? He is trampling all over due process and the state law. He is trying to scare me into moving. I refuse to be bullied. HELP!!!

Greetings sfergnel,

First off, go to the thread "Further proof you don't own nuttin'" on page one.
Scroll down and read my post "RE: What Authority?", regarding the definition of "peaceable". Then check your state statutes. Provided the language is similar, perhaps you should put the sheriff's, AND STATE POLICE on notice as to the fact that they can not enter, or they will be in violation.

There will come a time, unfortunately, that you will not be able to leave the property, because, if you do, they will interpret that as abandonment on your part.

Sincerely,
truth

Greetings Again,

In the meantime, I would strongly recommend Richard Cornforth's research in doing a void judgment. You can access info on him at this site, as you may already be aware. But, here is the bottom line and HAMMER them (judge and attorney) with it:

1.) Did the bank make an offer of presentment of the original promissory note, yes or no?

2.) Does the court record show an account and general ledger statement signed under pains and penalty of perjury, by a competent fact witness, yes or no?

If not, the judgment is void on it's face, plain and simple.

And, it is accepted, in common parlance, that a summary judgment is never res judicata sans competent evidence.

Further, pursuant to Trinsey v. Pagliaro, "statements of counsel in their briefs or argument while enlightning to the court are not sufficient for purposes of granting a motion to dismiss or summary judgment".

That's pretty much it, in a nutshell, but you must understand EXACTLY what is meant by these foregoing statements and questions, and that is what generally takes some time and reading to comprehend.

As an example, if you stay on the property, eventually you could be charged with unlawful trespass. So, in this scenario, if arrested and dragged in for arraignment, some hammerhead cop takes the stand and says on such and such a day that he saw photos of you on the property. QUESTIONS. Is the cop a competent fact witness? Does he have personal firsthand knowledge? And most importantly, is he the injured party? Generally, the courts have a 24 hr. rule, in which, if demanded by the defendant, the accuser MUST BE PRESENT at the arraignment. Who is the ONLY proper accuser in this scenario? The one who claims to own the property. So, is the cop a competent fact witness that you trespassed? Did he with personal firsthand knowledge SEE YOU ON THE PROPERTY? ANSWER: No, he only saw photos.
Next, is his name on the purported deed that reified the property? ANSWER: No, so he is not an injured party. Case dismissed. The purported new legal owner would have to come and take the stand and assert his "claim", which I suspect due to the corrupt circumstances under which he acquired the deed, many would not be willing to do.

Anyway, my point is, that many people do not understand these simple little principles, and that's how these attorneys and judges trap us.

Good Luck,
truth

Originally Posted by sfergnel

I live in NC. On Aug 25, I failed to attend a foreclosure hearing on my home, because I did not think that whatever I said would make a difference. I felt that I did not have enough knowledge to change the outcome. Given what has transpired since, I doubt it would have mattered. The sale was scheduled for Sep 16. Between Aug 25, and Sep 15, I became somewhat knowlegeable on the subject of money, banking, and sovereignty.

On Sep 16, the day of the sale, I witnessed first hand multiple violations of state law. On Sep 23, I filed with the court clerk an affidavit attesting to what I observed on Sep 16, and the state statutes which were violated. Rather than schedule a hearing on my affidavit, she indicated that she would give the attorney/trustee an opportunity to correct his defeciencies. He did not.

On Sep 26, he recorded a Trustee's deed to the Bank of NewYork, attesting that he had offered the property up for sale, and that he had filed the notice of sale. He had done neither. On Oct 8, he filed the final notice of sale, once again attesting to his previous non-acts.

I continued to research sovereignty, commercial acts, courts. On Nov 10, I received a letter (in natural name) to vacate the premises in 10 days. I fired off a conditional acceptance that he provide proof, under penalty of perjury, that (1) he did not commit fraud upon the courts, and (2) that the Bank of New York was in fact the owners of the property. I had given him 10 days to respond, with additional time if requested. Upon his failure to provide proof of ownership, I gave him 30 days to make me right. He received the letter on Nov 17. I had not acknowledged his dishonor, because he was not yet in default.

Dec 17, I received an envelope in my mailbox, it had no return address, was not cancelled, and was addressed to "Occupant". It contained a Sheriff's Office "Notice of Eviction" to be executed on Dec 23. It addressed to my name in ALL CAPS. It was unsigned, and no judgement was attached. The only attachment was a blank form entitled "LANDLORD'S AGREEMENT TO LEAVE PROPERTY ON PREMISES OR NOTICE THAT TENANT HAS PAID MONEY OWED OR MOVED".

What do I do now? He is trampling all over due process and the state law. He is trying to scare me into moving. I refuse to be bullied. HELP!!!

Did you file with the Register of Deeds and the Clerk of Court a notice of default on your conditional offer?

It doesn't matter if they default, if you don't take advantage of it. Notice them that they are in default, and act accordingly.


Second, if the notice was IN your mailbox with no stamp or postal delivery, someone just committed a felony.

Make an affidavit, and state the facts that you found the document inside the mailbox ( or whatever the facts are) and that there was no postage on the document, and attach the document as evidence, register it at the Register of Deeds, and then contact your local postal inspector with a complaint, and ask him to prosecute whoever is communicating threats via your mailbox without paying postage.

You will want to return a certified copy to the Sheriff, letting them know that illegal service is being investigated.



You seriously need to go on the offensive.

Third, you need to put up no trespassing signs all over your property.

fourth, NONE OF THIS IS LEGAL ADVICE. You do what you want to do.

Fifth, you need to file an action based on the default of your conditional offer. motion for an emergency injunction/restraining order from them taking your home, pursuant to the action being completed.

Sixth, if you have clicker-detonated claymores, properly maintained rifles/handguns, anti-tank weapons, gas masks, body armor, and grenades, I can't comment on that, so I'll leave that alone.

AGAIN, I DON'T OFFER LEGAL ADVICE

Also, you might want to investigate Rule 64 of the NC Rules of Civil Procedure....

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Also, go ahead and make part of one of your filed and registered affidavits that you will never willingly leave the property, and that if you leave the property and it is taken from you, that this will not constitute abandonment on your part.

Truth,

good one on the unlawful tresspass!..

I needed that as much as the thread starter.

HB

Very good point, HB, an absolute must. Private Property-NO TRESPASSING signs everywhere!!!

Sincerely,
truth

[sfergnel]

Thanks Truth & HB,

Now that the attorney/trustee is truly in default for attempting to remove me from the property, I will mail off and file his notice of default on Monday. What else can I do to ram this guy into a wall? He is in the business of foreclosure, I know for a fact, that he has done it to others.

He is trampling all over the law to his benefit, and he is being brazen about it.
I know this because I have since noticed, is that the document "NOTICE OF EVICTION" is bogus. It had a typed letterhead Mecklenburg County Sheriff's Department, but there was no county seal or letterhead as was on the attached "true" Sheriff's department document.

When I say no stamp, it was a non-cancelled, non-dated meter imprint. Is there any way based on the meter # to find out where it was created?

I am in the process of reading the NC statutes pertaining to "peaceable" and NC RCP. Will keep you updated.

One thing you could do is file a lawsuit against the clerk, and enter affidavits that document the events you say are against the law.

What county are you in?

HB

[Jerseee]

sfergnel,

HB and Truth have given you bullets. I know that at least one of them is knee deep into this particular area. So I must yield to the more knowledgeable ones on this issue and trust me (if that is possible), I know from conversations that at least one of them is making a little headway.

Good job TRUTH and HB!! thanks

[sfergnel]

Here is where I stand:

On Dec 29, I filed with the court an ex-parte petition for Writ of Audita Querela (which is a common law writ of error) or in the alternative a Rule 60(b) motion to vacate judgement.

I was then directed to the Trial Court Administrators office to have it placed on the calendar. After taking all information relevant to the case, I was told if it were put on the calendar, even if ex-parte. opposing counsel would be noticed. She then told me to talk to the Motions Court Clerk. I did the following day, and was told to come in on the 11th.

When I showed up on the 11th, the judge told me that he would not hear my petition without my having noticed all parties involved.

In the meantime, I received another offer of money for keys from a realtor for the mortgage servicer. Offer was valid until the 19th.

On Jan 22, I went to the take a look at my foreclosure case file, and it was checked out for paperwork. They would not tell me what the paperwork involved.

On Tue, Jan 25, I once again headed down the look at my casefile, and sure enough, another applicaton and order for possession had been signed and filed that morning.

I contacted the Motions clerk to get put back on the calendar ASAP. My new date is Thu, Feb 4. I drew up notices for both the attorney for the Bank, and the Assistant Clerk of the Court, because I am seeking damages from both of them, personally, and in their official capacities. I had a friend go with me in order to sign the Notice of Service form(s).

BTW - I called the Sheriff's office and hypothetically asked what they would do if a person in possession refused to leave, and they indicated that they would knock in doors, and bust in windows in order to gain entrance to the property. So here in Mecklenburg county, there is no such thing as "to keep the peace".

Will keep you posted --- Keeping the faith!!!