HELP NEEDED - Invalid Foreclosure/Wrongful Eviction

[sfergnel]

Well,

I went to court so that the judge can hear arguments on the merits of my writ.

The clerks's office did not send anyone, and the law firm sent a peon to represent. I had misplaced my questions for judge, and I requested he allow opposing torney to speak until I could locate my questions for him.

This torney said that an employee of the firm held the sale and filed the paperwork, and that they have no reason to believe that he acted other than was expected. He also stated that my petition for a writ was gibberish and not understandable.

My turn. I began to question the judge in an effort to box him in. When I asked "For and on the record, have you taken and filed an oath of office?", he replied with date and city. After I requested that he take judicial notice of his oath of office, my next question - ' Will you look at the files, and find the facts, and make a judicial determination on the facts?" turned the tide. Judge was now on my side (at least it appeared that way to me). Judge explained that he would have to take some time to look at both files, civil and foreclosure before he could make any determination. He explained that he could not find a lot of case law pertaining to my writ of audita querela, and that is the reason he had to take the case under advisement.

Torney questioned this action by saying that he(firm) had never heard of this type of writ. Judge held up a copy of AmJur, and explained that there were something near 8 pages of discussion on the writ in this respected research publication. Judge understood that I was attacking the judgement on actions subsequent to the judgement for foreclosure, and not the judgement itself.

Judge then negotioated a voluntary stay of the execution for possession until he could make a determination on the writ.

I haven't won yet, but at least I haven't lost!!!!!

Keeping the faith that all will work out. Will keep you posted.

WOW

I am impressed.

Keep up the good work!

Monday is going to be interesting, ;)

[weishaupt1776]

HB, I dunno; should we teach him how to get all Marc Stevensed out or what? Sfergnel, your on the defensive at this point, right?

[sfergnel]

Originally Posted by weishaupt1776

HB, I dunno; should we teach him how to get all Marc Stevensed out or what? Sfergnel, your on the defensive at this point, right?

You bet your booty!!

I had anticipated (being that we know they are all in cahoots together) that the judge would deny my petition, so I, on my initial appearance, submitted with it both a Motion for Stay of Execution Pending Appeal, and Motion for a Waiver of Bond to Obtain a Stay. So if in the event that he denies my Writ, he will have to rule on my Motions. And, because I have filed this suit as an indigent, he cannot deny my Waiver of Bond, and neither therefore my Motion for Stay.

It took me more than 4 months to find some method, without the possibility of appeal, of attacking this judgement based on this firms's violation of the law, and I am not going to back down.

BTW - I am more than halfway through my first reading of AILL. Hopefully by the time I get some response, I can be a little more prepared. My stomach was doing flip flops the entire time.