Removed from my house

[ntellect]

It "appears" that I have lost. The Marshall moved on a Writ of possession last Tuesday and put my belongings out of my house. They moved on a lower court order out of the Dispossessory Office although I had motions pending in Superior Court, i.e., Void Judgment of the Dispossessory Action and Complaint/Counter Claim for the Federal Violations of the mortgage contract. (I know wrong court, just trying to buy some time)

Well the legal office of the court informed me that the Marshall was able to move because my Superior Court cases where not on the calendar and that I didn't file any emergency papers to get it on the calendar. So basically they got me on a technicality because I thought as long as my cases were filed that would hold off the lower court orders.

The Complaint/Counter Claim deals with Federal violations and will eventually be thrown out of Superior Court. I’m still trying to get the case moved from Superior to Federal Court.

The mortgage company is moving rapidly. They already have a for sale sign on the property. My thinking is, if I can get this into Federal Court, then file a Lis Pendens, that maybe this will tie the house up until I can find a way to regain it.

Any thoughts.

Ntellect

[PANICPASS]

The only thing I can think of to regain your house is to do a Quite Title action. In a Quite Title action you will have to prove you have Title of the house against the new owners or the bankers.

P.S. They have probably changed the locks on the house by now also, so you will really have to have title to move back in.

[ntellect]

Panicpass: Where do I find information on a "Quite Title"

[PANICPASS]

Unfortunately, I don't know. Do a google search for "Quite Title" see what comes up. There has got to be information out there on this subject.

[test]

Check in your state statutes, I found this for Florida:


http://www.leg.state.fl.us/Statutes/...3EChapter%2065

Why not simply file your Lis Pendens on your current action, serve the parties, and calendar it?

A void judgment is a void judgment. If it were me, I'd use the Void judgment case I already have in litigation, and just correct my position.

These things have to be hard, and my heart goes out to you.

HB

thats right, you should void the banks mortgage for fraud and all the documents in the county recorders office pertaining to it, then sale the house to a relative with a bill of sale and record it. do all this with public notice so they dont slam you for fraud.

[ntellect]

Thanks for all the info but from what I have read all this seems to be relevant only if I'm still in the house with the exception of the void judgment. The Void Judgement that I attempted to use was only voiding the Dispossessory Action and Writ of Possession of the lower state court. I filed those actions in Superior court and then filed copies of those actions along with filing an Affidavit/Memorandum in the lower state court of the Dispossessory Office pointing to the lack of jurisdicion of the lower state court of "title disputes" Yet somehow the lower state court Dispossessory Office denied the Affidavit/memorandum and moved and evicted me while my Counter Claim/Complaint and Petition to Vacate Void Judgment were still pending.

I'm really getting confused with all these court procedures and rules.

Ntellect

[ntellect]

This is what I have found thus far but I'm not sure what they mean about "buying the property" at tax sale.


The property you bought at TAX SALE was not redeemed within the year.

NOW WHAT?
You need to foreclose the “Right of Redemption”. However, this does not give you marketable title to sell or mortgage the property. (It is critically important that the foreclosure, also known as a "barment", is properly done and documented. Problems in barment which are unresolved can affect or even defeat a Quiet Title action).

WHAT NEXT?
There are several legal methods for obtaining marketable title. The preferred method of tax sale buyers is to have an attorney file a QUIET TITLE ACTION in Superior Court in the county where the property is located. Quiet Title is a legal action “against the land” that names all possible claimants who might claim an interest in the property. The specific facts of your particular case must be set out in pleadings to the court. The court will name a “Special Master” to review your pleadings to the court, to hear your case, and to propose a “Final Order”. If you are successful, this Final Order will give you marketable title to the property against the claims of “all the world”.

Without detailing the requirements of the Quiet Title Act of 1966 (OCGA §23-3-60 et seq), which are legally complex, a successful Quiet Title Action will give you marketable title to the property you purchased at a tax sale. The time, effort and cost of a Quiet Title Action are among the factors that should be considered before purchasing property at a tax sale.


I am currently researching how to put all this together. Of course an attorney is going to want to be paid by more treasury notes than I can afford.

Ntellect