Supporting, Informing & Connecting People in Foreclosure
Thank you all for your help and friendship.
At the moment I am trying to figure out how to file another motion at the NY Court of Appeals
(our highest court) in response to their answer to my letter.
Let me type it exactly the way the court words it.
Chief Judge Lippman may eXercise his judicial authority only in
cases that have proceeded throught the appellate process
And are properly in front of the court.
===
You do not have such a case (Underscore added)
A LITTLE HISTORY OF THE CASE.
Two foreclosure judgements were signed in NY Supreme Ct
while the case was in tact under Federal Jurisdiction making the
Judgments void ab initio. A nullity - and nullities hae no laches.
I was ousted by fraud FROM MY 2 nyc condos.
This goes back to 1997
.I moved to Florida.
Over the years I lived there I kept writing to every agency
and one federal judge told me go back to NY Supreme.
and open up the case.
I SOUGHT TWO MOTIONS TO MARK VACATED
THE TWO VOID INITIO JUDGMENTS.
The Bank Astoria Federal S & L by that time had new attorneys
and looking at the dates admitted their previous (corrupt)
debt collector attorneys auctioned them off without the bank owning them.
and its indemnify indemnify indemnify
and the title attorneys are stepping in.
And I should have been home but in steps Frank Malone of Fidelity National Title
and David K Fiveson of a sham title co he called coronet title and
they didn't want to indemnify but wanted to be intervenors instead
and they told Judge Alice Schlesinger of NYSC we have equity
and ruled against the law.
]
Comment
Comment by Millie on June 14, 2012 at 6:07pm Hi Marilyn, I am from CA. I fought Pro Se for over 2 years to save my home from the bank. I fought in state court all the way through the appellate process to the Supreme Court of CA...and in Federal Bankruptcy court...as well as Federal court when I remove my Unlawful Detainer (eviction action) to Federal court. I could let you look at my docs (which are now public record). I could send you what I filed so you could see what I did and the fact that I did not falter in following court procedure all the way through the whole process. The "experts" say that "pro se-ers" (self-represented individuals without legal counsel or representation) usually falter on procedure, which could be the difference between having a case dismissed or ruled unfavorably against you...unless an attorney representing a bank makes a mistake, which of course, they will be pardoned as if it never happened.
My email is mp3rmd729@gmail.com.
Researching on websites Google Scholar http://scholar.google.com/schhp?hl=en&lr=lang_en&as_sdt=2003
and Scribed http://www.scribd.com/
have produced some great ideas that I implemented along the way in fighting foreclosure.
[fyi: I lost my case, as most Californians do, with or without legal counsel (as the CA courts make certain of) there were 22 law violations (both state and federal laws and court procedure) within the final ruling of the "lost" case (I can provide the case No.: for the STILL PENDING case on the local court's website). IMHO, the ruling itself was unprofessional at best and clearly belies the intention of the court I was dealing with at the time.
As a Pro Se litigant homeowner that is outraged at the injustice wreaking havoc in the US of A, I want to be encouraging to others who are also in this fight, but to avoid misleading others with false hope as they enter the legal arena and attempt to fighting to keep their homes from being fraudulently convey to a non-interested party who is required to prove nothing before winning in almost every case across this land.
It is not easy, and there are most certainly 'no guarantees' to win (even if you are on the "right side" of the law).
Btw, I am researching a 'narrow crack' of a way to possibly navigate through this "Gauntlet-like Labyrinth" called the Foreclosure Defense in a system wrought with securities fraud (they should not be able to assign an account number that corresponds to a previously discharged instrument (UCC __?__citation forthcoming, re discharged instruments) and (again my paraphrase) "...once accepted by a bank, the instrument (note) is discharged to the 'drawer' (former debtor)..." which as far as I can tell that the debt has been likely paid in full within days of signing of the loan docs, yet we are not notified of such a discharge, and are duped into believing we still owe a debt that has been paid by someone else thus rendering that instrument unenforceable. (I am still researching this 'angle', so anyone interested in pursuing this...I would like to see what you find if you are so inclined to share your findings/discoveries with me...as I am by no means finished with my own situation although the bank has most likely sold my property off to a 3rd party. If they have done so, no matter. Now they will have even more violations they are responsible for. Now that I have lost my home and can focus on something other than trying to keep it, I can take my time in doing my research on the "next round" which is coming soon.
Anyhow, keep up the fight, Marilyn! And the same goes for the rest of the homeowners in this war to keep their homes.
~Millie~
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