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  1. #1

    Default Does Filing a Motion for Reconsideration Cause the Order Not to Be Final

    My question involves court procedures for the state of: Georgia.
    I'm in extremely urgent need of some guidance. My case is extremely complicated and has been ongoing for over 3yrs. But at the moment my immediate situation is this: I have had to defend myself pro se and have done well until the last hearing on 07/07/2010 where a new judge granted Fannie Mae a Writ of Possession filed 07/19/2010 which only gives me 7 days to file an appeal which would be to Court of Appeals. This gives me no time to have any appeal in order and I have been preparing a Motion for Reconsideration which I now have the rough draft ready and must file it by 5 o'clock today and also my appeal unless some can help clarify something for me. If I file my motion for reconsideration of the order granting writ of possession, will that keep the order from becoming final until the court grants or denies my motion for reconsideration? And is there anything I need to state in the motion that would hold the writ of possession from being executed until Ithe court rules on my motion? You would not believe the issues surrounding this entire case, but the judge denied my motion for dismissal, my motion for leave to file wrongful foreclosure and fraud and enjoin the dispossessory action, but she holds against me for not filing wrongful foreclosure and denies my judicial estoppels and re judicata that I pled on the grounds that the Plaintiff gave testimony in a prior dispossessory action against me claiming a completely different property than they claim to own now and also the judge has allowed this dispossessory action to even be brought upon me when I have the other dispossessory on appeal and has been on appeal. The Plaintiff claims they dismissed my Appeal and the judge accepts that although I stand firm that I have not agreed to such dismissal. The judge also states in her order that she holds it against me for being pro se and that is one of her reasons for finding against me. Please, if anyone can help me, I am in dire straits at the moment. I can be removed from my home immediately from this obviously very incompetent judge and I don't know what to do and have only today to do it. I proved in court that the plaintiff has no standing whatsoever because a break in the chain title exists from an illegal foreclosure. I know a tenant cannot argue his landlords title, but when using the defense of no landlord/tenant relationship exists, the court of appeals has said that a defendant can attack the title when he takes that defense, which I have from the very beginning. The supposed foreclosing lender was not on record in the land records until 3 months after the illegal foreclosure. I never had any notice of excelleration, default, or foreclosure and had never had any correspondence with the supposed foreclosing lender. This is just the very surface of the entire situation and I will be glad to explain the entire situation which goes all the way back to me recieving a copy of my original loan application from the FDIC doing a limited investigation of fraud I alleged against the original lender. Upon recieving a copy of my original application, I found that the lender had changed my handwritten entries of my income and had wrote over certain numbers in a completely different handwriting and even wrote in another addition of an increase of a substantial amount upon it also. The lender sent only my application and said all my files had been destroyed. Please help if you can. If anyone has any copies or templates of any motions that would be appropriate for me to file please let me know. Thanks.

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    Default Re: Does Filing a Motion for Reconsideration Cause the Order Not to Be Final

    I don't see anything in the court rules that would trigger an automatic stay, either by filing a motion for reconsideration or for filing an appeal. It would appear that if you want a stay of proceedings, you will have to specifically move for exactly that. I suggest consulting local counsel as your rights may depend upon local court rules, statutes, whether you're in a magistrate's court or municipal court, or some other factor of which we are presently unaware.

  3. #3

    Default Re: Does Filing a Motion for Reconsideration Cause the Order Not to Be Final

    Thanks for taking the time to answer. The order is from Superior Court in Georgia. Do you know of any to challenge the judge's order because of bias and prejudice agaist a pro se litigant? In hte judge's order She specifically states "Defendant has not retained an attorney to file wrongful foreclosure or fraud claim, and thus for these reasons the Defendant's motion for leave to file Wrongful Foreclosure and fraud is DENIED, Further it is ORDERED the Defendant's Motion to Enjoin Dispossessory is DENIED, FUTHER, it is ORDERED Defendant's Motion to Dismiss is DENIED." How can a judge be so outright prejudice against a pro se litigant? She holds against me for not only not having an attorney, but holds against me for not filing wrongful foreclosure when I moved the Court to allow me to do so well before she made her ORDER. This is an outrage to anyone who hasn't got the ability to retain an attorney. I testified in Court that I had attempted many, many, many times to gain representation but either can't get an attorney to give me the opportunity to talk with them or they have acted as attorney for the Plaintiff or other possible parties to the complaint.

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