Tuesday, May 25, 2010


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Hopefully you have not received a summons yet and have just been notified of the sale of your property. AT this point you have to decide whether to take their offer of time and money to go away or to fight them. If you sign on to take their offer make damn sure it does not sign away your rights to litigate!

Do you have forcible eviction summons? After 2 sleepless nights you decide that you can't go down without a fight. You have done your best to try to work with banks and they would not work with you? What are your choices? Pack it up or go to the hearing.

If you go and have never been to court you are in for a whole alternative universe type experience. My advice would be to go the day before and find parking, locate your courtroom, and sit in it to see what happens. Find someone if you can that has been through this experience before. If this is forcible detainer you are probably unprepared and are going to basically ask for a hearing which will occur in 5-7 days.

Dress better than casual but not super formal. Stay calm and yes you can bring support friends and people to witness the procedures. If your are in Phoenix park in the garage on 4th Street. It is much cheaper than a $57.00 ticket. There are some $3 lots that you can park in for 0-12 hours - the pre-pay machine takes quarters. Men don't wear a belt it slows you down going through the security checks. Women, do you really need that purse? And of course you know this, better early than late.

If the document is presented - "trustee's deed of sale" - DEMAND that it be an original certified copy. You should have had a chance to look over notary to see if all is in order. In Arizona the presumption is with the document and banks, but you can address that. You can also address the standing. You can also address the jurisdiction. In Arizona it will probably go nowhere at this point, but you can try. It will be on record for any appeals if allowed and for your civil lawsuit.

Your next step will possibly be a TRO and a lawsuit. If you have the energy and determination then GO for it. Spend the $250.00 to make them prove they have the rights to do this and that they followed correct procedures. Don't let the presumption of the banks did everything correctly determine your fate.

Legal terms maybe confusing but you can start looking up the legal definitions. There are Law Dictionaries online. Use the law library near the courthouses.
During court, and I know this is not much help, but just staying calm will help your presence of mind. Do not allow a plain ordinary copy of the trustee deed of sale to be entered... object and ask that either the original or a certified copy be presented right there or case should be dismissed. AFter all your honor after YEARS of practice and law school an attorney should know better. You want us to come prepared, even if we don't know what we should bring.

As for you Mr. or Ms. Homeowner - start looking up terms in Blacks Law Dictionary. When you say things they dont' always mean what YOU think.

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