Emergency Motion Denied – Fraud of the System Revealed

Thank you ALL who shared your information, good intentions, and love energy with Julian and I over the past few days; we could feel it! I love how the One People pull together.

Our story reveals how there is a total fraud of Justice, not that this should be a surprise to most of the readers here. 

I am going to do a full work up for this whole story soon enough and upload all the Documents. 

Here is a little back story 

• Early January 2013 we discovered the OPPT and the foreclosure of banks and governments. We did about 3 weeks worth of research before we started to accept it into our reality; it was a lot to take in, Julian and I didn’t have a lot of knowledge about law or freeman movement concepts at all. We did know about the PTW and we were well versed in other areas of ‘awakened’ life. 

• On February 3rd 2013 The bank, Wells Fargo Home Mortgage, sold my house in foreclosure sale; I had used a Bankruptcy to shelter myself from foreclose for about a year prior to this.

• On March 8th 2013 I received on my door a ‘NOTICE TO ANY AND ALL OCCUPANTS PURSUANT TO THE PROTECTING TENANTS AT FORECLOSURE ACT OF 2009’ and part of it included ‘pursuant to THE FAIR DEBT COLLECTION PRACTICES ACT, (THE ACT) 15 U.S.C, SECTION 1601 AS AMENDED’ – If the defendant sends a written statement contesting the debt with 30 days of receipt of the notice, they are required to send a verified response.

• I sent Courtesy Notices on March 9th, the 18th and the 27th (there abouts) with a cover letter stating that I was contesting the validity of the debt. I sent them  to the plaintiff, Ronald R Wolfe and Associates Attorney’s at Law, the CEO of Wells Fargo Home Mortgage and the Trustee, US BANK NATIONAL AND ASSOCIATES. I also sent them to the realtor whom offered me a ‘bribe’ to move out within a few weeks. No one every responded to ANYTHING. The Plaintiff is required by law to at least provide me with a Copy of the Judgement. I received silence from everyone.

• On April 3rd 2013 a Uniform Verified Motion for a Writ of Possession was filed against me. I sent Invoices accordingly to all whom had received Courtesy Notices.

• On April 24th 2013 I filed a ‘Motion to Deny Writ of Possession and Deny Enforcement of Judgement’ in response to their motion, the Judge never responded and no one ever even acknowledge it. How could they completely ignore my petitions and not even provide me with a response escapes me, this is totally unlawful as far as I understand it.

• On May 3rd 2013, I filed an ‘Emergency Motion to Stay Writ of Possession and Order’ hoping this time they would respond; and they did. The judge reviewed my motion and said there was no “Motion for a Writ of Possession on file by the Plaintiff” – This is where things started to become confusing. Were they just playing word games with me? 

• After hearing all this I decided to go and do some more research and put together a ‘Motion to Dismiss’, and an ‘Affidavit in Support of Motion to Dismiss’ which I filed on June 4th 2013, again no one acknowledged anything in the case. I called for weeks and the case manager kept informing me no one had reviewed or acted on anything. I had done a considerable amount of research at this point into Law and how it works. Sworn Statements, Affidavits, and petitions by parties to a case MUST be acknowledged and dealt with. To completely ignore them is a total abrogation of lawful process and procedure (again as I understand it).

• On July 24 2013, the Clerk issued a ‘Writ of Possession’ directing the Sheriff to Evict me from my home. This should have been mailed to me as I am a party to a case and under civil process all parties must be duly notified. I never received anything. 

• On August 1st 2013, the Sheriff posts an eviction notice on my door. 

The past 2 days

If your new to this story go here for the initial update:
https://stillnessinthestorm.com/2013/08/urgent-justin-and-julian-served/

This whole process has been an experience of dealing with corrupt systems of ‘Justice’ and ineffective agents of government. As you’ll see most of the people I interacted with were very unaware of anything. And the system can not even seem to follow its own rules. 

Here is a rough outline of the series of events yesterday:

• Julian comes into the bathroom while I am brushing my teeth and holds up the Eviction Notice. I start to have a physical reaction. OMG! This was a real eye opener for me. I have known this was probably coming for some time now; at least 6 months. And I know all will be taken care of, I have a place to live and will be ok. But I still had a reaction of total panic. To me this reveals how much I have been programed to react with fear even when there is no rational basis to do so.

• Julian and I wrote up the Urgent Post, and started researching what we can do. I did some more digging into the THE FAIR DEBT COLLECTION PRACTICES ACT, and found the exact statutes where the Lender/Debt Collector Violated the law; I only generalized in my previous motions and actions.

Debt Collectors MUST follow the 30 day contesting period when attempting to collect a debt. The debt collector in my case, posted a notice on my door telling me I have the right to contest the debt. I did and they NEVER RESPONDED TO ME! – This was one of the points of my motion.

• Called the Sheriff – I wanted to tell the sheriff a foreclosed entity was trying to take possession of my home. When the receptionist picked up I explained my situation and she was very receptive and pleasant. US Bank National, a defunct entity was coming after my home. I could hear her pause when I said this. She asked me just to make sure, “you said US Bank National was foreclosed??” I confirmed with conviction “oh yes, for deceptive acts and practices.” She seemed to accept this. I explained how the bank never responded to my request to contest the debt and how the courts never responded to my motions or responded to my affidavits. Again shock was her response. She immediately gave me a number to the courts, which I already had. Her reaction was worth it; the seed was planted. 

She informed me that regardless of the fact the bank was defunct and foreclosed, if there was a court order for a Writ of Possession and Eviction, there was nothing the sheriff could do but carry out the order. Lovely. The sheriffs, the people who are supposed to protect you from theft, side with the thief.

• Called the Court – Again, very nice women who listened to my whole story. She too was shocked about the foreclosure of banks and the total lack of proper process with the courts. I asked her how is it that the judge can not look at my Motions and Affidavit? She was flabbergasted as well. She did ask me about my default. I had defaulted in 2009, more on this later. She was helpful, telling me I need to file an Emergency Motion and this would be my only recourse. She informed me I should call the case manager and ask about my previous actions. 

Initially in 2009, when I was totally asleep, I decided the mortgage was a fraud, because I lost about 70% of the house value, stopped paying the bank and told them we had to re-negotiate our agreement. I had a loan closing business that was doing very well and as many know the crisis in 2008 had killed the housing industry; my business was ruined. Long story short, the Bank didn’t work with me, and I decided to get a lawyer; big mistake. The court started to file a Civil Suit against me, which is the standard process in foreclosure.

I made a HUGE mistake, I never responded to their complaint with my own sworn statement. You see, Banks usually do not provide real evidence of anything when they start to foreclose, they just have a bank Employee make a sworn statement that I owed them a sum; not the original signed wet ink Note, not the Mortgage, etc. If I had only responded, with key knowledge that the system was a total fraud, I may have ended the whole process right there. Who knows. This is what is called default, not responding and by that inaction, accepting their statement as true. 

• Called the Case Manager – Women was not so nice, and didn’t really want to hear about the foreclosure of  the banks and governments. Emergency Motion was my only option according to her.

Justin (in green shirt)

• We did a lot of research and put together an EMERGENCY MOTION TO STAY WRIT OF POSSESSION AND ORDER yesterday. I have it listed below. 

 • Julian and I went to the Clerks office to file the Motion, we had an interesting time there. Firstly the Clerk who entered the motion saw all the previous actions by myself and immediately asked what was the status on them. We responded by saying, “That is a great question?!” We asked him “don’t they have to acknowledge these things?” He did not seem to want to tell me anything at that point. But the message was sent, my case was a total mess and even the clerk knew it. He probably did not want to offer that up. 

• On our way out the door we ask the Head Clerk a few questions about a Criminal case. I had filed an other motion to dismiss in a traffic case several months earlier and when I arrived in court the judge didn’t have a clue what I was talking about. I asked her about all this, a Clerk of Traffic and County Records, what the process for correctly filing a motion is, and she was clueless. “I don’t know you have to talk to someone else.” Who else is there to talk to?! If the Head Clerk at the County Records/Traffic office can’t answer a basic filing question, who can?

• They received the Emergency Motion on August 1st 2013, and I was told it would be reviewed. 

• August 2nd 2013. I needed to call the Case manager again to get status. I waited till 11am to call. I began calling and no one answered the phone at all. I had to ask someone from the main office to contact the Case managers office. Finally someone got back to me at 3pm and informed me it was denied. Denied… not surprised but given how much neglect and fraud was happening, even within their own system, it would have been nice for them to at least review this clearly malfunctioning process in relation to my case. 

At this time Julian and I have found a room to stay in with a friend. Thank you dearly! We are going to still pursue whatever measures possible considering all the fraud but at this point given all the lack of follow through from the courts, I doubt I am going to get anywhere. Its time to shut the whole show down and end the whole system of slavery, lets do this!

Photo by Julian Robles

Again I am not a lawyer but I called out the banks and the system as much as possible in the motion. Here it is.