for those facing a foreclosure

[jaylon]

You cannot rest soley on the merits of your case to defeat or stop foreclosure but must have issues you can hold over those who would enforce it, the sherriff, the trustees who are lawyers, and ofcourse the judge if it is a judicial foreclosure state
oaths, bonds, public officials
Article XXII, Section 19, of the Constitution for the State of New Mexico, and New Mexico Statutes require State officers under oath pursuant to Article XX, Section 1, of that Constitution, to be covered with an individual corporate surety bond before entering upon the discharge of the duties of the office; such bond(s) shall be recorded and filed in the Office of the Secretary of State.
Delivery, and filing of such bond in said office is the
responsibility of the person bonded, and for the purpose of
perfecting title to the office claimed.
[[[[ It is well settled that, (1) filing of such bond is a
requirement of office; (2) filing of such a bond is a requirement to qualify for the office; (3) a failure, or neglect to deliver and file such a bond creates a vacancy within the office ipso facto; so say the courts repeatedly through abundant case law on the matter. ]]]]
New Mexico Statutes Annotated (NMSA) 10-2- 9, in the office of the Secretary of State, a corporate surety bond in his name to have perfected title to the office claimed; he has suffered a forfeiture of office thereby, and is not vested with the lawful authority of the office.
CHAPTER 92
TENURE AND OATH OF OFFICE IN CERTAIN CASES
Section 92:2
92:2 Oath Required. – No person chosen or appointed to any public office or to any position where an oath is required, under any law, shall exercise such office or position or perform any act therein until he shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire, and any such person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved.
Article VI, Clause 3, of the Constitution for the United
States of America requires State officers be bound to their oath(s)-bound as used here means "held to"-.
get copy of the judge's oathof office and copy of his bond on file.to see if he has one. Ask Sec of State, Att Gen, county recorder where it is. If locate the bond see who the bonding company is.Check the oath on file with Sec ot State or at Court house against the one recorded in statutes to make sure they are the same. This can result in the judge recusing himself or dismissng the case agaist you,

Originally Posted by jaylon

You cannot rest soley on the merits of your case to defeat or stop foreclosure but must have issues you can hold over those who would enforce it, the sherriff, the trustees who are lawyers, and ofcourse the judge if it is a judicial foreclosure state
oaths, bonds, public officials
Article XXII, Section 19, of the Constitution for the State of New Mexico, and New Mexico Statutes require State officers under oath pursuant to Article XX, Section 1, of that Constitution, to be covered with an individual corporate surety bond before entering upon the discharge of the duties of the office; such bond(s) shall be recorded and filed in the Office of the Secretary of State.
Delivery, and filing of such bond in said office is the
responsibility of the person bonded, and for the purpose of
perfecting title to the office claimed.
[[[[ It is well settled that, (1) filing of such bond is a
requirement of office; (2) filing of such a bond is a requirement to qualify for the office; (3) a failure, or neglect to deliver and file such a bond creates a vacancy within the office ipso facto; so say the courts repeatedly through abundant case law on the matter. ]]]]
New Mexico Statutes Annotated (NMSA) 10-2- 9, in the office of the Secretary of State, a corporate surety bond in his name to have perfected title to the office claimed; he has suffered a forfeiture of office thereby, and is not vested with the lawful authority of the office.
CHAPTER 92
TENURE AND OATH OF OFFICE IN CERTAIN CASES
Section 92:2
92:2 Oath Required. – No person chosen or appointed to any public office or to any position where an oath is required, under any law, shall exercise such office or position or perform any act therein until he shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire, and any such person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved.
Article VI, Clause 3, of the Constitution for the United
States of America requires State officers be bound to their oath(s)-bound as used here means "held to"-.
get copy of the judge's oathof office and copy of his bond on file.to see if he has one. Ask Sec of State, Att Gen, county recorder where it is. If locate the bond see who the bonding company is.Check the oath on file with Sec ot State or at Court house against the one recorded in statutes to make sure they are the same. This can result in the judge recusing himself or dismissng the case agaist you,

THIS IS ALL FINE AND DANDY IN THEORY BUT I DON'T KNOW ANYBODY THAT HAS HAD POSITIVE RESULTS WITH THIS.

I HAVE A RECORDING FROM A CLERK THAT ADMITS THEY BREAK THEIR OWN RULES BY NOT FILING THE REQUIRED PAPERWORK. SHE SAID "WHAT ARE GOING TO DO ABOUT IT, TAKE ME TO COURT?"

LET ME KNOW IF THIS WORKS FOR YOU.

[Judge Roy Bean]

Originally Posted by jaylon

You cannot rest soley on the merits of your case to defeat or stop foreclosure....

Nonsense. The merits of your case will decide whether or not you get to keep your house.

Originally Posted by jaylon

...but must have issues you can hold over those who would enforce it, the sherriff, the trustees who are lawyers, and ofcourse the judge if it is a judicial foreclosure state...

If you think that BS will save your home you'd better have the packing boxes ready.

In most states there is no private cause of action available for enforcing laws regarding oaths of office - those are criminal statutes, not civil.

Originally Posted by jaylon

This can result in the judge recusing himself or dismissng the case agaist you,

No, it most likely won't. Successfully fighting an illegal foreclosure requires an attorney who is experienced with the intracacies of the kinds of schemes the lending industry is adept at.

[Lawyerdude]

Intricacies.
Not intracacies.

[charlesa6]

Originally Posted by Lawyerdude

Intricacies.
Not intracacies.

Typo error! Thanks for your observation!

Originally Posted by Judge Roy Bean

Nonsense. The merits of your case will decide whether or not you get to keep your house.

IN a word, hor****. (I made that word up, so I get to use it)

I can prove you wrong in my case.


Henry Franklin

Originally Posted by Lawyerdude

Intricacies.
Not intracacies.

Lawyerdood,

Would you be so kind as to check every post for spelling errors and point them out for us?

That would be a great service.

Henry Franklin

[charlesa6]

Hehehhehhe!! That will be nice.

[keithz]

I'm in Ohio. I saw on the internet that a foreclosure has been filed against me. I then heard several knocks at the door and then a private process server left a notice on my door to contact him to receive "official court documents".

I need to buy some time before the 28 day countdown to try to get the money to catch this mortgage up. I was unemployed for over a year after my job was sent to India and I am now finally getting some consulting work. (hard to prove stability even when this goes well)

The paper stated that they would file a affidavit of avoidance (What is the impact of that and what is it)
and/or put it in the newspaper (is this even a valid since I don't receive the paper)

I just need some time to get cash together and a lawyer to help respond.

Is it a criminal offense to avoid service???

I can't refinance since I currently cannot verify employment and not enough equity in the home.

If the cops come a knocking must I accept?

If I don't get served what will the court do?

Thanks in advance for any advise as it is very much appreciated.

[rodman652]

to conduct a foreclosure. Without which the case is dismissed. They must have standing...read this link http://iamfacingforeclosure.com/file...ng20071115.pdf


And here: http://blogs.wsj.com/law/2008/07/25/...logmod_lawblog