
07-19-2004, 09:55 PM
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FORECLOSURE PROCEEDINGS: ******* HELP *******
Thanks RPT,
I like the way it sounds with 16th century flair and the biblical references. But I'm wondering if I answer "on behalf of Defendant", if it's really no different than if I said nothing at all and just answered.
If I (the individual - small letters) answer for the Defendant (Trust - all caps), I am answering "in behalf of..." the Trust (all caps) anyway.
I'm just wondering if I should answer it with a blatant MISIDENTIFICATION statement, ie...
"Aforementioned Defendant, FIRSTNAME, LASTNAME, appears to have a different identity than that of myself, Firstname Lastname, who was served this Summons as though I represent Defendant, when in fact I do not."
However, it would seem to me that if a Summons had the Defendant's name as JANE R DOE, and the papers were served on Bob Jones, then Bob would want to simply do something to notify the court that they served the wrong person. Why would Bob even want to try and answer all the other issues brought up in the Complaint???
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07-19-2004, 10:08 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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FORECLOSURE PROCEEDINGS: ******* HELP *******
Networth,
I am sure the court is not going to go dismiss the complaint on the basis of the CAPS name issue. Best to stick with law, procedure, and evidence. That is all I have to say about that.
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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07-19-2004, 11:12 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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FORECLOSURE PROCEEDINGS: ******* HELP *******
Networth... don't worry about the ALL CAPS name thing... Notice to correct error in the record... and explain the ALL CAPS spelling is not your true name and is an ERROR IN THE RECORD.
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07-19-2004, 11:39 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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FORECLOSURE PROCEEDINGS: ******* HELP *******
Networth2,
I believe it is best to stick to procedure--as they can't get around that. Hold them to the rules and watch them squirm. They are depending on your ignorance--show them otherwise.
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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07-20-2004, 07:43 PM
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FORECLOSURE PROCEEDINGS: ******* HELP *******
And the saga continues with a new twist....
I received a call today from the Bank's attorney, asking if they could arrange to come look at the house to see how much of the construction has been completed in order to determine how much more money will need to be spent to finish it?
I should have asked if I should have tea and crumpets read for them!
I basically told him that I am still looking for an attorney and would rather wait to consult with him first. This will buy me enough time to put a 4" round steel gate on the property and some NO TRESPASSING signs with "Private Property protected by US Land Patent" all around.
Oh, yeah... The attorney didn't forget to mention to me in the same breath he was asking permission, that "the bank had the right to go on the property any time they wanted, and all they needed to do was get a court order if I refused." Talk about arrogance!
It's time to test the methods that are being taught by the freedom fighters in this forum! ;-) Any other suggestions?
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07-21-2004, 12:39 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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FORECLOSURE PROCEEDINGS: ******* HELP *******
Look into a restraining order. Remember I said the word "LOOK" into one--not get one.
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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07-21-2004, 12:09 PM
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FORECLOSURE PROCEEDINGS: ******* HELP *******
I can do that, but let's say they file a motion for the judge to grant them access to the land. Can't I have that motion quashed due to specific rights of a land patent owner?
Or can the attorney simply meet with the judge in his quarters and get some signed order from the judge that I wouldn't even know about until they were served on me?
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07-21-2004, 12:33 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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FORECLOSURE PROCEEDINGS: ******* HELP *******
If you have asserted your rights in the land patent then you should be filing a motion to dismiss any court action because the government has no administrative authority in the land whatsoever.
Now, if they want to argue the "contract" -- that is another story.
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04-24-2008, 01:32 PM
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Waking Up
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Join Date: Apr 2008
Posts: 1
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just wanted to know what happened with this guy. did he win or lose?
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04-24-2008, 02:56 PM
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Practice Makes Perfect
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Join Date: Mar 2005
Posts: 338
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He lost but I think he learned a quite a bit; he started too late to learn enough to be able to defend his rights to the place.
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