Foreclosure Hamlet

Supporting, Informing & Connecting People in Foreclosure

Court ruled against me. Eviction next week. They haven't seen the last of me!

The eviction (Unlawful Detainer, UD) court ruled against me. In other words, I lost my Eviction case. I'm not surprised. It's par for the course. Of course the court had to break court rules, procedure, statutes, violation of my rights, denial of due process, impaired my right to contract, were complicity in the fraud, failed to act as an impatial referee, violated their Oaths of Office to uphold the Constitution (State and Federal), protect the rights of individuals, protect against enemies foreign and domestic, and the list goes on and on. The ruling was a direct attack on me as a Pro Se litigant. The perpetuation of the Legal Profession does not take kindly 2 self-represented litigants...especially if one breaks through the common barriers set in place to prevent foreclosure cases from advancing past the "trap" set for them in the non-judicial foreclosure and the narrow-scope eviction courts where by design these cases are not supposed to survive, with or without counsel, but even more so a self-represented homeowner who is largely unschooled in law. They don't respect me. I've had the audacity to challenge their "corporation" and refuse to accept their offer to 'contract' with them (aka Summons). That was the basis for the Notice I served them with at my last dual part hearing. It went over like a lead balloon, which is why they had to rule very harshly against me. If not, it would have exposed what is really going on. (more about this next time).

No matter. I have been prepared for this (eviction) for almost 2 years now. It is finally going to happen. This is the crime being committed against me that will deprive me of proerty without due process of law and without a fair trial (I've never had my day in court yet been "heard"). Once this crime against me has been , committed, there will be cause for damages and I can then prove I've been "harmed". I do not want to prevent eviction. In fact, I am welcoming it. I do have somewhere to relocate to, so I won't exactly be without a place to live.

I may be evicted from my home, but I am by no means finished. I will post more as I can about my next phase/round. So far, my entire fight against the bank and loan servicer and law firms for the past 2 years has been to prevent eviction and homelessness. It is not my fault that the loan servicer and bank proceeded full speed ahead toward taking possession of my home and property despite knowledge they had to commit major fraud against me, the court, the county record, etc to do so. Their attorneys (all 4 law firms they have hired over the past year to come against me...are not innocent nor off the hook. Afterall, they are the ones carrying out the actions against me at the direction of the bank and loan servicer. The individual attorneys know about the fraud they and their alleged "clients" have committed, including fraud on the courts, in order to perpetuate this.

I am not angry about this. I've been expecting it. They couldn't allow a Pro Se litigant homeowner to get past their first line of defense in the dead-end "slaughterhouse" courts. It would mess up their tidy little plan. They had to shut me down...even if they had to violate my rights and violate the law to do it. They are not concerned: They know they are given immunity in most respects. I am going to continue to fight this even beyond eviction. Please don't be sad for me. In fact, in time, you may even be happy for me. You will see why this just had to happen and for the line to have been crossed and the crime committed. But don't think for a moment I'm giving up.

Updates will be posted as I go along.

Sincerely,

~Millie~
Email: mp3rmd729@gmail.com

Views: 138

Tags: Constitutionally, Eviction, Pro, Se, biased, guaranteed, homeowners, human, litigants, of, More…protected, rights, violation

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Comment by Darrell Kanka on February 21, 2012 at 3:24pm

Millie,

You are 100% correct.  You cannot sue the bank or the attorney for wrongful foreclosure until after the fact.  Your fight up to now has been for unlawful eviction really. 

I have been trying to tell people that reality for quite some time.  Simply put, the foreclosure is necessary for the banks to collect on insurance, CDS's that amount to many,many times over what your home is actually worth to the bank.  Google up opportunistic breach of contract contained in the Restatement (third) of Restitution and Unjust Enrichment.  Here are some informational links http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2649&... and http://apps.americanbar.org/buslaw/newsletter/0081/materials/pp5.pdf

While they took your home sooner or later you will find what they took from you ... and then some.  You will notice in the links that if you did not try and save your home you might not be allowed this next step.  It is hard not to be mad but now you have years to get even.  I am in the same position as you as they took mine in 08.

Now that foreclosure has triggered payment as explained I suspect when you sue they will settle out.  Law says you are entitled to 3 X's loss plus punitive.  The links say maybe more.

 

Good luck,

 

Darrell

Comment by gregory on February 21, 2012 at 11:50am

Millie you have done a great job, I find it really funny that the bank most likely spent 3-4 times what your house is worth to just throw you out. Keep Fighting!!!!!!!

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