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  1. #1

    Default Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    My question involves court procedures for the state of: Texas

    This is about an eviction case on a home in Texas that is already paid off. The respondents lost in arbitration but still moving forward with eviction in District Court

    My brother won their arbitration and received a reward back in June 2019. A week after the award Freddie Mac hired a law firm that has never been to court, this will be his third trip to court.

    Here are the opportunities / issues.

    1. He filed a motion to compel arbitration and an order to dismiss for lack of venue and lack of jurisdiction and told them about the arbitration, the attorney for Freddie Mac admitted he knew about the hearing but yet the Judge tried his best to get jurisdiction of my brother. They set the case for a mistrial due to my brothers knowledge.

    2. We entered plenty of evidence / case law both from Texas and the Supreme Court about how the lower courts must butt out and mind its own bushiness and if an award has been issued they MUST confirm the award. Yet they ignore everything

    3. The attorney on record keeps sending in other law firms that are not prepared but the judge tells them what they need to bring next time to do the eviction. hmm a little one sided there. What can be done about this?

    4. He tried to contact the sheriff but he is part of the deceptive practices in our county.

    Can anyone shed some light as to how he can attempt to fight this corruption and get them to dismiss the case as i said earlier they WON there arbitration.

    thank you

  2. #2
    Join Date
    Oct 2014
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    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    Quote Quoting Harveyspecter
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    Can anyone shed some light as to how he can attempt to fight this corruption and get them to dismiss the case as i said earlier they WON there arbitration.
    He can get a lawyer to review the matter and represent him. Without at least reading the arbitration decision and the eviction complaint there is no way I can tell if the arbitration decision settled the same issue that is the basis for the eviction proceeding nor can I tell if the arbitration proceeding or decision had any defects that would render it subject to attack.

  3. #3

    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    He is not going to hire an attorney. The contract is legal and binding and pretty solid so that's not the issue. The issue is FREDDIE MAC LOST and he WON. PERIOD and they are still moving forward. He an i both know the FAA and UAA extremely well to know they can not do what they are doing but they are anyways. It seems no one has any protection or can do anything about it nor come up with a remedy. Everyone wants to argue and bring controversy when there is none.

    An attorney is not the answer, he can speak for himself and very much alive

  4. #4
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    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    Quote Quoting Harveyspecter
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    An attorney is not the answer, he can speak for himself and very much alive
    I'm going to suggest that is not the case if you have to come here seeking legal advice on his behalf because he doesn't know how to proceed in such a matter.

    He doesn't know how the other side has been able to do this or why the judge seems to have taken favor with them, so be blames it on corruption. Perhaps its really because they are using issues of the law he is unfamiliar with and doesn't have the slightest idea how to argue against.

    Tell him to put aside his ego and get an attorney, rather than go to court by himself and think he will win by simply stomping his foot and declaring "I am right."

  5. #5
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    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    Quote Quoting Harveyspecter
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    An attorney is not the answer, he can speak for himself and very much alive
    Look how well that's going.

  6. #6
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    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    Quote Quoting Harveyspecter
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    The issue is FREDDIE MAC LOST and he WON. PERIOD and they are still moving forward. He an i both know the FAA and UAA extremely well to know they can not do what they are doing but they are anyways.
    If it was that easy your friend wouldn't be facing the problems that he has. However much he thinks he knows the FAA and UAA, he may not know it all. Moreover, knowledge of those two acts doesn't give him knowledge of court rules and procedure. He's having trouble fighting off this challenge to the arbitration and he's not going to be able to get the kind of help he needs from an internet forum. Like I said before, I'd have to see the arbitration records and the records of the current court proceeding to figure out what his options are. We can't see that on a forum like this. His assumption that the judge favors the opposing side due to corruption is unlikely; it is more likely that your friend isn't understanding how the rules work. Even if he's right and there is corruption there, he's have trouble dealing with it on his own. A local lawyer would know far better how to deal with it than anyone here.

    He can continue to go it alone without a lawyer if he wants. But I don't see him having a lot more success than he's having now going that route. Sometimes you have to admit you don't know all you need to know and ask the experts who do know for what you need. If I were your friend, that's what I'd be doing.

  7. #7

    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    We came here looking for answers We know the law and legal system better than most. Look, the bottom line is they are all BAR attorneys members of the SAME club so they look out after heir own kind. What they are doing is not legal against the FAA (Federal Arbitration Act) no attorney of record ever shows He’s had two judges recuse themselves after he gets through with them and one attorney lost his ability to be a judge so don’t tell me we don’t know what we’re doing. We know more than you think and I’m trying to be gentle on here

    We were hoping for someone to say “file a quash” “file a complaint with the local X” but no all you attorneys say is “hire an attorney” which gives him no rights to speak. He and I both reserve our rights and no one is taking them. For an hour the judge tried to get jurisdiction which he couldn’t. He called for a mistrial and instead he is out of job for all his violations (due process , identity theft, tax evasion etc... so we know how to fight the corruption. We’re trying to stop it. If not he will take it to Supreme Court and shut down the county and he WILL He shut down one court house 5 years ago so are you going to give us some good advice or stick with your club answers? I call it like it is

  8. #8
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    Nov 2013
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    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    I like your gumption. But we here on this forum are not allowed to give legal advise. We can explain the law and procedures but can't give legal advise as in an attorney-client relationship. Thus, you always get the recommendation to seek counsel with a local attorney.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    So, you'll take legal advise from anonymous strangers on an internet forum who don't know the local court system and have no access to the necessary documents and who might be anyone at all, but you won't take it from a local attorney for whom you can get references and look up on your own and who can review all the documentation?

    Do you see how ridiculous that sounds?

  10. #10

    Default Re: Arbitration Award Being Ignored and Courts Still Tryiong to Evict

    Correct I /we will take legal advice from a stranger. I/we research everything so for example if you said or anyone said file a motion to dismiss for lack of venue or jurisdiction we look it up on a few sites. I’m a member of the a few bar associations web sites since I went to Cornell graduates with honors and REFUSED to take the bar so I help folks lawfully making sure ALL stay within the LAW. I make sure ALL attorneys and Judges ACT accordingly. Come on now your not talking to some dumb nut case nor am I exposing anything you would Ben me for and I think you know what I’m taking about. I’ll start with 4 letters in case you don’t .....FARA....
    Now is anyone going to offer a suggestion or be a broken record to hire a BAR club member and have the deck stacked against him from the get go

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