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View Full Version : 7 years makes a huge difference.....



Twisted Titan
12th March 2019, 12:24 AM
I think yogi berra said it best...its de ja vu all over again.


I find myself fighting again to protect a house in my family from the banksters,


My mom lived in this house and honestly it was my plan to keep it going until "the day after" and when that occurred I would sell the house and split the proceeds with everyone who lived with her and took care of her as i know it was labor intensive (my mom was quite the chop buster at times)


well fate had a few other things in store....


as my mom was "winding up" we had discussions about how things should go and what her final wishes were and one of them that she was adamnat about was that I keep the house she said over and over again "son this house represent my lifes work ...it would be a shame to loose it"

I certainly agreed-ed but she didn't leave the location of the big gunny sack of money to pay the house off ( she was good for telling you what she wanted but never a peep how you are going to pay for it .)


well when the dust settled on the day after I had to make practical decisions that were rooted in reality and one of them was that my mom had a guest staying in the house going to school when she passed and they were just in their final year so I had to keep the house to keep a roof over his head while he finished his schooling ..

so i carried that mortgage for a entire year by myself, no one helped and i had brothers that stood on the sidelines to see what would happen even though they had means to pitch in.


I wont forget that either.


so after the year and once he graduated , I ran out of money to pay for the house and i just left it in Gods hands as I did the best I could with what I had.


And then for about a year nothing was happening, just a few phone calls here and there, but nothing in the legal sense.

so i just let the situation be until i got word from someone and then I will take it from there.

Well just last month I got a formal complaint to foreclose.


I reconciled myself to just walking away....i could file a few delays but nothing was going to stop the hammer from dropping on my neck....


And Then I read the complaint.....


I cant get into details but the entire thing was screwed up from front to back and the even lost my original note and filed a affidavit stating such. Then the gears started turning in my head.

I remembered one of the things my mom told me....Boy you may lose the fight, BUT YOU BETTER GO DOWN SWINGING YOUR DAM HARDEST TRYING TO TAKE THEIR HEAD OFF.




I said to myself......i can do this and not only am I going to do this.....my ass in going to win.




i started picking apart the complaint piece by piece and my jaw hit the floor how many mistakes they made.....but learned something about the law: if something is wrong and you dont assert that it is, the court will accept the blunder and keep chugging along just the same. No one can defend your rights....the rules of civil procedure gives you a set of tools its up to you to use them.


Which brings me to premise of my point....

The last time i was in court behind a house it was 7 years ago, I was absolutely terrified, The judges,lawyers and clerks all but laughed in my face as I got slapped around like a red headed step child, The only thing that saved my ass was that the Good Lord would a put a spirit of confusion on them and they kept making mistakes that I would catch and I could file a motion that put them on the spot and the judge would get mad at them for doing such sloppy work and that happened more times then memory could hold..it was a miracle that is a story in and of itself.

This time is waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa aaay different.


I am not afraid of The judge, I know how to control him through the use of effective case law, and I know how to threaten him and he will KNOW i'm not bluffing and will make good on my threat.


I know how to make a plaintiff look like a absolute fool by highlighting his blunders before the court and he has to explain himself because he has been effectively corned.


I realize this the brass ring for me.......... im going to sue these bastards for 3 million dollars and I am going to get a sizable settlement out of them because they dont want to risk trial by jury.


Im going to pull this off cause i dont have nothing but time....


I will document with you guys key battles and how I pulled it off on this long road to ultimate victory.



From cowering defendant to a Battled Hardened Pro Se litigant that dont take prisoners only heads.


7 years really does make a huge dam difference.

steyr_m
12th March 2019, 12:31 AM
Thanks for sharing. Keep us posted TT/TA

Ares
12th March 2019, 05:21 AM
Definitely keep us posted, I look forward to hearing how this plays out. I've read through a number of court cases where Plaintiff's make so many mistakes causing them to lose the case for being so sloppy.

hoarder
12th March 2019, 07:22 AM
Confusing OP. Many real estate dealings in my life so the first questions that arise:
The student living in the house...I assume he was getting free rent in exchange for taking care of elderly owner....so when that duty ended rent should have begun, right?
Was there or was there not equity in the house? If it was underwater from the start there is no use trying to keep it. If there is significant equity the objective becomes how to salvage it, right?

Hitch
12th March 2019, 08:09 AM
I cant get into details but the entire thing was screwed up from front to back and the even lost my original note and filed a affidavit stating such. Then the gears started turning in my head.]

I heard somewhere that if they can't find the original note, they can't prove who actually owns that mortgage. If that's the case, it could get thrown out. It's up to them to find who has the title. These mortgages get bundled up, sold, etc, it can be a real mess.

A real mess that may work in your favor.

Best of luck with this fight, TT. God be with you.

Jewboo
12th March 2019, 08:46 AM
...Im going to pull this off cause i dont have nothing but time...


I hope your writing is better than this in Court.

:)

Twisted Titan
14th March 2019, 01:43 AM
Yes it does.

Every since I was a wee lad ,my mind has always traveled faster then my hand.

Twisted Titan
14th March 2019, 01:49 AM
I heard somewhere that if they can't find the original note, they can't prove who actually owns that mortgage. If that's the case, it could get thrown out. It's up to them to find who has the title. These mortgages get bundled up, sold, etc, it can be a real mess.

A real mess that may work in your favor.

Best of luck with this fight, TT. God be with you.



That is exactly right.

The trick of it is, you have to PROVE that in court using the rules. 99.99 % attempt to make a moral argument of that fact rather than a legal one and with that,the judge can slap you around with absolute impunity without any fear.

The greatest legal maxim you can every wield is.

DENY EVERYTHING, BECAUSE YOU KNOW NOTHING,MAKE THEM PROVE EVERYTHING THEY ALLEGE.

Twisted Titan
14th March 2019, 01:58 AM
Confusing OP. Many real estate dealings in my life so the first questions that arise:
The student living in the house...I assume he was getting free rent in exchange for taking care of elderly owner....so when that duty ended rent should have begun, right?
Was there or was there not equity in the house? If it was underwater from the start there is no use trying to keep it. If there is significant equity the objective becomes how to salvage it, right?

Technically you are right but the truth of it is...this kid got dealt a bad set of cards at the beginning of his life.

His father raped his mother of which he is the product. After the assualt the mother went insane and lived with family that use to mistreat her. The kid was very bright but education is very limited in the islands and the mother didn't have the means or the money to send him to the states.

When my mom caught wind of the situation she stepped up and brought the boy here because she wanted to be merciful when no one else was.

That was just her style

Twisted Titan
14th March 2019, 02:02 AM
Definitely keep us posted, I look forward to hearing how this plays out. I've read through a number of court cases where Plaintiff's make so many mistakes causing them to lose the case for being so sloppy.

Yes indeed, the first motion I want to file is a motion to quash because I was never personally served and I lost several days of response time in the shuffle.

I will let you know how it goes.

madfranks
14th March 2019, 08:35 AM
Good luck to you TT, we've got your back. Question: why didn't you try to sell the house? Wouldn't that have been better than sitting by for a year doing nothing?

Neuro
14th March 2019, 02:50 PM
Good luck to you TT, we've got your back. Question: why didn't you try to sell the house? Wouldn't that have been better than sitting by for a year doing nothing?

It is a good question I think considering that most houses nowadays aren’t underwater.

Twisted Titan
14th March 2019, 05:08 PM
Good luck to you TT, we've got your back. Question: why didn't you try to sell the house? Wouldn't that have been better than sitting by for a year doing nothing?

Well that was certainly the plan but life is chock full of curveballs.


I got a baby brother that is a good kid with a good heart...his only problem is his mouth...like everybody has worked under a asshole supervisor.

He is the one to tell the supervisor he is a asshole and get fired.


Well when my mom was winding up she made it clear to me in no uncertain terms, I have to mind my baby brother cause he will be living in the street cause he cant control his mouth because it's only a matter of time before he would but heads with the landlord

So he stays there and I know he is safe for the most part keeping in line with her wishes


Nothing would please more but I know my mom is watching

woodman
14th March 2019, 06:21 PM
Well that was certainly the plan but life is chock full of curveballs.


I got a baby brother that is a good kid with a good heart...his only problem is his mouth...like everybody has worked under a asshole supervisor.

He is the one to tell the supervisor he is a asshole and get fired.


Well when my mom was winding up she made it clear to me in no uncertain terms, I have to mind my baby brother cause he will be living in the street cause he cant control his mouth because it's only a matter of time before he would but heads with the landlord

So he stays there and I know he is safe for the most part keeping in line with her wishes


Nothing would please more but I know my mom is watching


I understand quite well where you are coming from TT. There is a very accurate sentiment however, that by trying to help someone, you may actually be 'enabling' or hurting them. It is better to let someone suffer the consequences of their poor choices in many cases. Not all though. I guess you are best to decide that.

Twisted Titan
15th March 2019, 01:21 PM
I understand quite well where you are coming from TT. There is a very accurate sentiment however, that by trying to help someone, you may actually be 'enabling' or hurting them. It is better to let someone suffer the consequences of their poor choices in many cases. Not all though. I guess you are best to decide that.

I fully agree with you

The dividing line with me was what the complaint consisted of.

If it was all straight forward I would have just filed several delays and tell my brother when the hammer drops that's it.


That is not the case here.

If you or me lost 100 dollars we couldn't go to the bank and DEMAND the account is credited just the same. We would get hauled off to jail.

These asscracks are trying to pull off a broad daylight robbery and they have the smarts of the keystone cops.


Nah.....all my life I have been shitted on like that.

Not this time