This is what happened in court today

[iamfreeru2]

Okay here's what happened at court.



We did not swear in and were heard. In fact we were not even asked to swear in. We were in Judges chambers at 1:30PM and everything started about 1:45PM.



The opposing counsel started off and basically said we were in default of the agreement and that we had a loan with the MC that we defaulted on. I said that Secured Party has seen no material fact or evidence That the tender of the BoE to the Plaintiff was ever sent back marked uncollectable or that the Drawee, John Snow ever issued a Dishonor on the instrument or that he ever received the instrument from Plaintiff. Plaintiff came back and said that it was not their responsiblity to go to the drawee for payment, but that that was our responsibilty. Just as I was going to respond and I am handling things pretty well at this point, the Judge says we need to here from Mrs. Doe as the loan is hers you (me) are not on it and she needs to speak for herself.



I told the judge as the head of my household I believed it my resposibility to speak for my wife. At that point I was threatened with being brought up on charges for practicing law without a license if I said one more word. Well, my wife not really knowing what to say did the best she could. The judge knew I knew what I was talking about and my wife did not and he shifted to her.



One of the things that was not answered was the fact that the Plaintiff said it was our responsibilty to go to the drawee to make sure the payment was made. Secured Party has not been presented with any material fact or evidence that, if as the drawer I issue a check to the beneficiary, that it is not the respposibility of the beneficiary to present it to the drawee (bank) for refusal or acceptance. How does the MC propose I take the instrument to the drawee for payment when the MC has the BoE in their possession. If I send someone a check (is not a check a BoE or draft?) do they not deposit it in their bank and their bank sends it to the drawee bank for payment (acceptance or refusal). I was not allowed to speak regarding this though thus the summary judgment.



There were other issues that were brought up as well like there was no competent fact witness present and no certified documents or my wife was ever lent any real, or otherwise, money. Lawful money is: "LEGAL TENDER" and real money is: "Money which has real metalic, intrinsic value as distinguished from paper currency, checks and drafts." (Black's Law 6th) The judge just said broken record and also said be careful what you ask for and threatened us with treble damages and issued the judgment.



At any rate my wife will have to be brought up to speed as she will have to be the one to speak from now on and she will be going into the public. She wants to do that and I support her decision and will stand with her on this. She is wanting to learn and fight for this. We will be filing a motion for rehearing and then appeal which will keep us in our home for probably at least another 5-6 months or longer. I will be helping her and so will others as well.



Also one of the next steps (and my wife is chomping at the bit) is filing a complaint with the Florida Bar Association against the Fiduciary for dereliction of duty, misfeasance and malfeasance for not doing his first duty, which is to the court and the law by due diligence investigation of all the evidence and submitting those findings to the court, whether for his client of not. If the Bar refuses to do anything we will then take it to the Florida Supreme Court and if they refuse to do anything then as far as we are concerned there is no remedy. This is in the works as I am writing this. Only time will tell.



There is too much to remember from today, but I wll have the transcript the beginning of the week so that we can put the motion for rehearing together. We fully expect another summary judgment and the filing of the appeal.



I would just like to say I believe in dealing in the private, but I support my wife's wishes regarding this issue and will back her 100% in this



iamfreeru2

[weishaupt1776]

[color=black][b]Congrats on mopping the floor w/ the Esquires head, imfree. Your better half will be in our prayers for divine guidance & wisdom.

[charlesa6]

iamfreeru2

Good work. Keep the faith.

[KaosTheory]

I am still scratching my head as to how they got a summary judgement with no witness. How did they enter any evidence?



I don't know what to think about not being able to speak for your wife. What if she says you are her counsel?



Where is their proof that you have to take the BOE to John Snow? That didn't make any sense to me at all.



Did you consider filing a motion to strike? I mean, it's obvious that the MC did not exhaust their administrative rememedy.



I still don't see how they are going to win in any way except through outright criminal action by the judge. It is obvious that the summary judgement is bogus. Why not attack it and get it voided?



Just my thoughts. Good job though. I will keep you both in my prayers.



KT

[rodman652]

You have a right to defend your family against harm and being in court could be harmfull. If you could be charged for practicing law without a licence what would be differant when your wife speaks? could she be charged as well?

I believe she could appoint you to speak for her especially if she has a phobia of speaking in public.

[iamfreeru2]

KT, Weis, Chatlesa6, Rodman652,



Thanks guys for your input. My wife and I really appreciate it. I will be helping my wife as well as many others and when we go back in for the rehearing I will be talking for my wife. I will guarantee you that. That judge caught me off guard on that one, but he won't on rehearing.



Your honor I have not seen or been presented with any evidence that when I speak for my wife I am practicing law. That I do not have a right to speak on behalf of my wife as head of my family and household. That as the Secured Party for the debtors I am not allowed to speak for them. That I do not have first hand knowledge of the facts in this case. Among other things we awill be including. No he won't get away with it again. I will also be adding the threats he made in our Affidavit as well.



I am really beat so I will address all the issues later. I di not get any sleep last night with all this running through my head and we had a seminar to go to today so I am really out of it. Thanks for all your though and God bless.



iamfreeru2

[TheBlackTruth]

Originally Posted by KaosTheory

I am still scratching my head as to how they got a summary judgement with no witness. How did they enter any evidence?

<font color=darkblue face=verdana>Was there ever a Motion to Strike?



I'm no expert on FROE, but I believe any evidence submitted w/o objection is presumed to be factual and proper.



-BT[/color]

[iamfreeru2]

We did not tender a court document stating answer to motion for summary judgment or motion to strike, but in our affidavits we objected to all the issues. The opposing counsel said we did not answer with any rebuttal, but it is all in the record that we did. We had witnesses there that have seen all our docs and heard us ask for proof of claim of the evidence and one is a paralegal with extensive court experience in Florida that said what the attorney said is garbage. They are placed on the record as well for being there because they were asked to give their names and stated they were there to witness. We also had a court reporter their as well and will have the transcript next week so we can prepare for the rehearing.



iamfreeru2

[weishaupt1776]

[color=black][b]Your honor, I fully accept your offer to charge me with practicing law without a license, I hereby reserve my right to due process & request a hearing before an unbiased tribunal for such a determination to be sustained. In addition, your honor, I have not seen or been presented with any material fact that I cannot reserve & be granted the right to due process for a hearing in order to determine whether or not I am practicing law without a license & I believe that none exists.

[rodman652]

Are you in an administrative process or a judicial process? The state of Michigan explicitly forbids the practice of law in administrative hearings! Ask in court on the record "is this Administrative or Judicial?" if it is administrative just say"I do not recognize this administration as I am not a party to it!" If this court claims to have jurisdiction over my wife or myself in an administrative procedure I demand to see proof that I and my wife volunteered into this administraion knowingly, voluntarily, and intentionaly (Subject juristiction). Without such proof I recognize only a judicial process that adheres to the truth, the facts and natural laws established by the Constitution of the United States of America (Equal protection). I reserve all of my rights without prejudice. I will hold each and every individual personally responsible for the violations of our rights in their individual capacity to the fullest extent of the law.

( IN OTHER WORDS HEAR ME OUT AND BE FAIR!!)

Remember there are assumptions everywhere. Remove these assumptions by stating clearly that all assumptions are hereby void without explicit clarity in their meaning on the record. (Utilizing Black's Law or my own definitions as stated on the record.)