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  #1  
Old 05-12-2004, 01:13 PM
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ntellect ntellect is offline
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Dispossessory Hearing Loss

Summary:
I am using the UCC process in my attempts to "Free" myself from the Matrix.

I have filed and obtained my published copyright of my strawman. I have filed my UCC 1 in my state (GA) but not as of yet in my home state (MO). I sent my mortgage company 3 negotiable instruments, 2 BOE's and one CPN, and Notice by Written Comm, Security Agreement, Hold Harmless and Indemnity Agreement, Private Agreement, Statement of Account Notice of Default, Notice of Dishonor, Affidavit of Mailing. Yet the still foreclosed. I was served with a Dispossessory Warrant for Dekalb County Georgia. I answered the warrant according to their particular questions on the warrant, stating that I did not owe any rent to my landlord, I offered pay of my rent on or before the date I usually pay, but my landlord refused to accept it.
I have researched this land patent issue here in Georgia and come up with nothing. Even the BLM site and representative informed me there are no land pantents for Georgia.

I had my hearing this morning, May 12th and the judge did not let me present my case of HJR 192, and the UCC statues to support my tender of payment. The judge filed a "judgement on pleadings" in favor of the mortgage company and lawyer and it reads (hard coded, not writen by judge) "and the Court heard and considered evidence, pleadings and testimony, finds that the Plaintiff is entitled to a WRIT OF POSSESION" it also reads after that "and judgement" but for some reason the judge scratched through that part.

I did not get a chance to submit my evidence. The judge asked me if they had forclosed on my home. I replied "illegally, yes they have." He then informed me that this was not the "proper court" to file this type of claim against and quickly moved to the next case. Of course when I attempted to ask what the proper court was, he pretended not to hear me and moved on to the next case.

I basically have 7 days to file a case against them to stop eviction of me and my daughter on May 19th. The only thing I have heard that I can do to stop the process until I know of other ways, is to file an Injunction, TRO-Temporary Restraining Order and possibley appeal the state court descision on the hearing.

I'm jobless with very little "money" and the organizations that claim to be able to help can't help unless I have "money" to pay them.

I'm way past the point of deperation. Can anyone please give me some "advice" on how to save my home.
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  #2  
Old 05-12-2004, 04:34 PM
HenryBowman
 
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Re:Dispossessory Hearing Loss

I would think the FIRST thing to do is to file a Lis Pendens on your property.

Let whoever thinks they can rack up that there will be a pending lawsuit on the property, and people will avoid it like the plague.



See Richard Cornforth videos linked on this site.

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  #3  
Old 05-30-2004, 07:32 PM
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Re:Dispossessory Hearing Loss



<FONT face="arial, helvetica, sans-serif"></FONT><FONT face="arial, helvetica, sans-serif">Well, how did we do on this issue of the foreclosure?</FONT>


<FONT face=Arial></FONT>&


<FONT face=Arial>Can you share?</FONT>
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Old 05-30-2004, 11:34 PM
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Re:Dispossessory Hearing Loss



ntellect,


Maybe the reason that the judge scratched through "judgment" is because he was not acting as a "judge", but as an "administrator".& You have probably just been a victim of the "strict foreclosure" clause... ya think?


But here's some good news, the judge has no "judicial immunity" when acting in "administrator capacity".& And if he screwed up in any way... then he can be sued for damages done.


Question:& Where is the evidence of the debt??& Have you checked the evidence file??


Ice
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Old 05-31-2004, 12:36 PM
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ntellect ntellect is offline
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Re:Dispossessory Hearing Loss

Hey freedom fighters. This is what I've done after losing the Dispossessory Warrant Hearing.

After my loss at the Dispossessory Hearing Case when the judge signed the order/judgement for Writ Possession for the mortgage company I filed a Motion To Vacate Foreclosure Judgement/Order and a Writ of Certiorari to in Superior court both in Superior Court. The Writ is to petition the Superior Court to look at the state civil court (dispossessory warrant hearing) case and it's judgement. Which should force the issue of the court to consider the evidence that I submitted and force the mortgage company to submit evidence of the alleged debt. Now I did all this before getting Cornforth's materials so I don't know how valid it truly is but it was filed. Of course the lawyers for the mortgage company on 5/27 filed a "First Amendment To Answer and Defenses Defendant's Answer and Defenses To Plaintiff's Writ of Certiorari", "Defendant's Response In Opposition To Plaintiff's Motion To Vacate Foreclosure Judgment/Order" and "Defendant's Motion To Dismiss Writ Of Certiorari". They have all kind of case precedants in their filings and I can't make heads or tails of it.

So I guess I'm just sitting, waiting to see if the judge will now schedule a hearing on my motions or dismiss them. Any advise?

Still fighting
Ntellect



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