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Post by Admin on Sept 25, 2015 20:02:54 GMT
Greetings Dear Reader: UPDATE: Friday the Thirteenth, March, 2015. We have contacted the State Bar of Georgia and the Judicial Qualifications Commission and made them aware of Judge Russell Smith's antics. We have also contacted THE attorney in Georgia that can put a stop to this nonsense and work out a successful solution to this conundrum. I am so grateful and thankful for all the good that's coming into my Life.We envision that Ocwen, et all, will capitulate when confronted by an attorney - instead of merely me - and offer an out-of-court settlement so that they are not in violation of a previous Court Order to Cease & Desist such practices. "Ocwen is charged with engaging in unfair and deceptive acts and practices in violation of the federal Consumer Financial Protection Act and state laws.
Ocwen’s unlawful conduct has resulted in injury to consumers who have had home loans serviced by Ocwen and Litton. The harm includes paying improper fees and charges, unreasonable delays and expenses to obtain loss mitigation relief, and improper denial of loss mitigation relief."
Ocwen’s unlawful conduct which applies to our case:
• failing to timely and accurately apply payments made by borrowers and failing to maintain accurate account statements; • charging unauthorized fees for default-related services; • providing false or misleading information to borrowers regarding loans that had been transferred from other servicers; • failing to provide accurate and timely information to borrowers who sought information about loss mitigation services, including loan modifications; • misrepresenting to borrowers that loss mitigation programs would provide relief from the initiation of foreclosure or further foreclosure efforts; • improperly denying loan modification relief to eligible borrowers; • providing false or misleading reasons for denial of loan modifications; • with respect to transferred loans, failing to honor in-process trial modifications agreed to by prior servicers; and • robo-signing affidavits in foreclosure proceedings.Stay tuned…the eviction is scheduled for NEXT FRIDAY - 20 March 2015. That will not happen on my watch, period.tfw Peace Love Light Liberty & Equality or RevolutionHec'el oinipikte (that we shall live)
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Post by Admin on Sept 26, 2015 18:12:14 GMT
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Post by Admin on Sept 26, 2015 18:12:25 GMT
UPDATE!On 16 March, 2015, I went to the Rabun County Courthouse to see if the Clerk of the Court - Holly Perry - had word of the date of my jury trial at the Georgia Supreme Court. However:The Clerk of the Court (Holly Perry), per orders from Judge Russell Smith, did not file my Appeal to the Georgia Supreme Court. WTF is up with that?How can that be even remotely legal? Why was I not notified? Immediately, upon advice of the Court of Appeals, I filed a Notice of Appeal to the Georgia Court of Appeals on 17 March 2015. On 13 April 2015, we received Maner's Motion to Dismiss Appeal And Motion To Execute On Writ Of Possession dated 6 April 2015. So, Maner is now attempting to disallow my civil right to a jury trial? How can this be justice?Why can't I have my day in a non-biased court?With great respect, Thor Anderson tfw Peace Love Light Liberty & Equality or RevolutionHec'el oinipikte (that we shall live)
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Post by Admin on Oct 17, 2015 16:53:22 GMT
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Post by Admin on Oct 17, 2015 17:01:32 GMT
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Post by Admin on Oct 17, 2015 17:10:28 GMT
§ 9-11-56 - Summary judgment :: 2010 Georgia Code :: US Codes and Statutes :: US Law(c) Motion and proceedings thereon. The motion shall be served at least 30 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law; but nothing in this Code section shall be construed as denying to any party the right to trial by jury where there are substantial issues of fact to be determined.As evidenced so far in these proceeding, "Homeowner's Rights" is a cruel myth, as we have never been granted ANY of these so-called "rights."Georgia's code is O.C.G.A. 9-11-56©. It states, “… the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law."So why did the Honorable Judge Russell Smith refuse to consider our Opposition to Summary Judgement and decide to let stand an illegal Writ of Possession based on an illegal Summary Judgement? "A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury."
Would that include the right to an impartial hearing in front of a jury?
What about our right to appeal?We never received Plaintiff's Request for Admissions nor the Motion for Summary Judgment, which we consider to be more evidence of fraud upon the court.We attempted to bring this up in court, but were told we were "out of order" and "you need a lawyer" and not allowed to speak.
Also, Plaintiff's attorney Maner did not attempt to contact us to resolve this discovery dispute pursuant to Rule 6.4 before filing the Motion for Summary Judgment and taking up the Court's time with a dispute that could have easily been solved with a brief letter or telephone call.
Again, when viewed objectively, Plaintiffs' counsel acted recklessly and with indifference to the law.
We further offer that Plaintiff has not been harmed by the delay in the filing of Defendant's responses to Plaintiff's Motion for Summary Judgment that was never received by Defendant.
However, Defendant has potential to be harmed because of Judge Russell Smith's refusal to consider our Opposition to Summary Judgement, which outlines the duplicity and procedural mistakes which, viewed impartially, would render the Writ of Possession invalid.
And now this, an attempt to deprive us AGAIN of our day in court with a jury.How can this be JUSTICE?
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Post by Admin on Oct 17, 2015 17:37:28 GMT
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Post by Admin on Oct 17, 2015 18:04:29 GMT
You haven't paid ANY money into the registry of court since April 2014? I think you may have sealed your own fate by violating court order. You're demanding court review while ignoring court order. I doubt the Judge looks kindly upon that, regardless of your own opinion. Greetings:
Thank you for your comments, however whatever you doubt has no merit here, regardless of your own opinion.
Please read a bit closer if you are going to challenge us and make judgement on something we have been dealing with, pro se, for almost 5 years.
Even though the Plaintiff's learned counsel Maner made the Motion, THE ORDER WAS NEVER ISSUED, as previously acknowledged, in writing, by the court.
Therefore, we are not ignoring a court order.
That's the point: their attorney, Maner, is committing perjury, again.
Therefore, NOTHING was owed to the Court registry, so I may not 'have sealed my own fate'. We are demanding a jury trial because of various procedural violations in the preparation of the Motion for Summary Judgement, which makes it not only illegal, but moot in this case, and invalidates the Writ of Possession.My own opinion, like yours, doesn't count here, only the facts and the letter of the law.
The following post is our response to the Plaintiff's Motion to Dismiss Appeal and Motion to Execute Writ of Possession.
Thank you for your interest, time and consideration.
With great respect,tfw Peace Love Light Liberty & Equality or RevolutionHec'el oinipikte (that we shall live)
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Post by Admin on Oct 17, 2015 18:09:51 GMT
11 May 2015Greetings: This farce has gone on long enough. Either the Honorable Judge Russell Smith is incompetent - or compromised - as evidenced by his bizarre behavior in this travesty taking place in Superior Court in Rabin County, Georgia, USA. Being raised on a farm in southwest Colorado, we learned at an early age how to set a trap for a varmint. Utilizing these rudimentary skills learned as that youngster, we devised a sure-fire way to conclusively prove ex parte communication between Judge Smith and HSBC's shyster mouthpiece, Richard Maner. The following 11 pages were entered into Rabin County Court register on 27 April 2015. On Page 11, we wrote this: COPIES: Georgia Attorney General, Sam Olens Mr. S. Lester Tate, Chairman, Judicial Qualifications Commission J. Britt Johnson, Georgia FBI Field Office, Mortgage Fraud Special Agent Kevin B. Hagler, Commissioner, Department of Banking and Finance Georgia Senator, Don Balfour Georgia Representative, Dan Gasaway Klark Byrd, Editor, The Clayton Tribune Kevin Riley, Editor, Atlanta Journal ConstitutionHere's the trap. No one other than the Honorable Judge Russell Smith has yet to see a copy of these damning 11 pages!That's right, for Maner to have wind of this document, it would be only possible through the Judge, sharing this information that has a distinct possibility of major trouble for the two of them. Here, today, is the SECOND copy of that document, and we will dispatch the document to the above list tomorrow by Certified Mail. So, imagine our (non) surprise when we received a letter (regular mail) dated 1 May 2015 from the law firm of BAKER DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C., inserting themselves in the case for HSBC Bank. "Comes now Jonathan E. Green and Sabrina L. Atkins of the firm BAKER DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C., and enters their appearance as counsel of record for HSBC Bank, N.A., as Trustee for Freemont Home Loan Trust 2006-D in the above referenced matter."So, we, the people, have defeated the first klutz in this unethical and immoral attempt to steal our lovely home, and now, a new team has come to bat. That's really too bad, as we have the documents that confirm that Maner has been caught red-handed before with robo-signed MERS documents; guess who he was representing? The same schmucks - Ocwen (check out these losers on Rip-Off Report)! Just for the record, Ocwen, HSBC Bank, MERS and Deutschebank all share the same address: 1661 Worthington Road, Suite 100, West Palm Beach. But that will come up in court, if true justice prevails here. Check this out.
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Post by Admin on Oct 17, 2015 18:18:14 GMT
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Post by Admin on Oct 17, 2015 18:21:51 GMT
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Post by Admin on Oct 17, 2015 18:22:15 GMT
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Post by Admin on Oct 17, 2015 19:10:02 GMT
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Post by Admin on Oct 17, 2015 21:01:27 GMT
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Post by Admin on Oct 17, 2015 21:12:16 GMT
What these miserable perps keep dancing around is the fact that Hiz Honor Judge Russell Smith BLOCKED our appeal to the Georgia Supreme Court by ordering Court Clerk Holly Perry not to send that appeal up to the Supreme Court. That certainly caught the attention of the fine folks at the Judicial Qualifications Commission.We are looking into a Federal lawsuit - possibly including RICO violations for these ignorant thieves - and the best part is, they sunk their own boat by their nefarious actions. Stay tuned. So, "the Court authorizes the Sheriff of Rabun County to execution the Writ of Possession issued by this Court on October 2, 2014."Really? Does this Court offer 30 days to gather belongings, find a new home - all the while the wife and I work full-time jobs - and why is there no eviction date? This case gets stranger by the day.
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