Monday, May 3, 2010

UPDATE on the homefront: Vacate the Judgement

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Current Status: We filed a motion to Vacate the Judgement within 3 business days. Since our mail service is screwed up we are checking the court dockets daily to make sure we do not have court date set without our knowledge. We did include an self addressed envelope (stamped - when did stamps hit 44 cents?) for the judges signed order. Some of you may not know that when you file a motion, you need to include a prewritten order for the judges ruling in your favor.

BACKGROUND: About 1.5 weeks ago we went to our forcible detainer trial (which we requested) and accepted more time to move out without giving up our rights to legal recourse. When you are in the courtroom things look different and nuances can be missed. By accepting that offer a judgement was handed to the bank's lawyers that they had the right to the enforce the fraudulent transfer of our home to themselves and call it a sale. I never heard the judge's gavel or anything remotely sounding like BANK WINS!

NOTE TO OTHERS: IF you are going to go to court make sure to go to similar hearings for several days and get used to what is going on. Watch and see the various shenanigans that happen. Practice what you will say and what the opposition could say. Take a legal pad and make notes. Or get a lawyer and most out there don't have a clue how to help you, so I would recommend using NACA's website for referrals.

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