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  1. #21
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    Jan 2006
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting ajmcello78
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    You are as ignorant as they come.

    Good luck in your next life, if you believe in that, it may improve your defective judgement.

    Is your definition of breath the same? One who breathes? What if they are forced to breathe? And what are they breathing? Does breathing make you a criminal?

    Seriously.

    Good luck. You'll be back again and again, reincarnation has failed so far.
    why would my definition of breath be the same as the definition of criminal? Other than the fact a criminal breathes, or has at one time, I don’t see the association.

    If one breathes, they have taken in a breath. No breathing, no breath involved.

    You’re sounding might confused. If we get beyond first grade words I fear you’ll be totally lost.

  2. #22

    Default Re: Quitclaim Overturned Due to Duress

    This is why you are ignorant.

    You failed to read what I said or understand the implications.

    What if one who is breathing breathed marijuana? Crack Cocaine? Meth ampethamines? Did they breath it second hand? Did they do it themselves?

    Seriously man. This world doesn't run by websters definition. It runs by reality, facts, and how you prove those.

  3. #23
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    Jul 2010
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    7,879

    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting ajmcello78
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    Seriously man. This world doesn't run by websters definition.
    For the most part, yes it does. Especially in the field of law. Besides criminals, you are unlikely to find anyone who would say the only people who are criminals are felons/people who have been prosecuted. By the way, which is it? One time you say only felons and the next you say simply by being prosecuted. The vast majority of people go by the standard definition of the word.

    This is all beginning to sound kinda familiar. Have you graced us with your presence and been banned before?

    As to the original topic of this thread, you are in far too deep of a mess to get out by yourself. Only an attorney who has done a full review of all the facts and records can help you at this point. If the attorney representing you mom alleged something, it would be assumed you testified to that fact or otherwise affirmed it. The state decided you self dealed and violated your authority under the POA. That's not a do it yourself issue to try and counter.

  4. #24

    Default Re: Quitclaim Overturned Due to Duress

    Your response leaves a loophole. A dictionary is not definitive. Good luck man.

  5. #25
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    Jul 2010
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    7,879

    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting ajmcello78
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    Good luck man.
    To you as well, Don Quixote.

  6. #26

    Default Re: Quitclaim Overturned Due to Duress

    Thanks for getting back on topic. Perhaps I should have went to law-school, but that is besides the point. An attorney on the otherside cannot testify, or affirm for the defendant being prosecuted. Especially if they are not present. Default judgments are like cheesecake, please don't BS me. I did mention I'd get a lawyer to sort this mess out. I believe it was lawful and legitimate and only corrupted by outside members other than my mother and myself.

  7. #27
    Join Date
    Nov 2013
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    Default Re: Quitclaim Overturned Due to Duress

    Did anyone forget that in this country you are presumed innocent until proven guilty? Being accused of a crime does not make you a criminal until you are convicted or admit to the crime. Using the definition of crime to label someone a criminal is off base if that person was not convicted or plead guilty. Being held in jail pending a trial does not make someone a criminal.

    Which brings me to this question: Why was OP incarcerated for 6 months? He states that he was not convicted on charges related to the deed transfer but doesn't say why he spent 6 months in jail. Perhaps it was on an assault charge on his brother. If that is the case, then yes he is a criminal by definition.

    OP says that the rescission of the deed transfer judgment was by default while he was in jail. A default judgment can be overturned if the defendant was never served or did not have the opportunity to respond.

    The self-dealing issue is another jump on the OP situation. First, if OP paid $350,000 to his mother and the home was worth $350,000, where is the advantage to OP that would be considered self-dealing to the disadvantage of the grantor?

    Quote Quoting ajmcello78
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    An attorney on the otherside cannot testify, or affirm for the defendant being prosecuted. Especially if they are not present. Default judgments are like cheesecake, please don't BS me. I did mention I'd get a lawyer to sort this mess out. I believe it was lawful and legitimate and only corrupted by outside members other than my mother and myself.
    Attorneys don't testify or affirm for the defendant being prosecuted. They are only advocates for the people they represent. They are not fact witnesses.

  8. #28

    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting budwad
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    Did anyone forget that in this country you are presumed innocent until proven guilty? Being accused of a crime does not make you a criminal until you are convicted or admit to the crime. Using the definition of crime to label someone a criminal is off base if that person was not convicted or plead guilty. Being held in jail pending a trial does not make someone a criminal.

    Which brings me to this question: Why was OP incarcerated for 6 months? He states that he was not convicted on charges related to the deed transfer but doesn't say why he spent 6 months in jail. Perhaps it was on an assault charge on his brother. If that is the case, then yes he is a criminal by definition.

    OP says that the rescission of the deed transfer judgment was by default while he was in jail. A default judgment can be overturned if the defendant was never served or did not have the opportunity to respond.

    The self-dealing issue is another jump on the OP situation. First, if OP paid $350,000 to his mother and the home was worth $350,000, where is the advantage to OP that would be considered self-dealing to the disadvantage of the grantor?



    Attorneys don't testify or affirm for the defendant being prosecuted. They are only advocates for the people they represent. They are not fact witnesses.
    Thanks Budwad. While I spent 6 months in jail, I was not convicted. Earlier I said it was alleged assault (pushing someone because they jumped at you is a self defense bodily action or *reaction*). Also, my brother wrote a statement to describe exactly what I had claimed happened. It's difficult to explain the entire situation because it was not based on just one incident, but rather several that added up to all this and being incarcerated. I fought it, but I could not get released due to an inability to make any contact with anyone, an inability to get/send receive letters or addresses, an inability to secure bail/bond out, amongst other things. So, I fought, stayed in jail, and anything relating to assault was dismissed because the other parties involved did not show. My public defendant was of no help, appeared to be afraid of me, and flat out called me a liar. This person was not going to advocate anything for me and recommended I plead guilty as to not piss off the judge with a long drawn out trial that would be months away. I did not listen to her and fought the charge anyway.

    However, this is separate from the deed transfer and an unrelated matter. Perhaps I should have just left that whole part out. But people like stories.

    I took a loss, had to deal with theft, loss of all my possessions, cash, everything I had was gone during that unfortunate 6month time frame period.

  9. #29
    Join Date
    Jan 2006
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting budwad
    View Post
    Did anyone forget that in this country you are presumed innocent until proven guilty? Being accused of a crime does not make you a criminal until you are convicted or admit to the crime. Using the definition of crime to label someone a criminal is off base if that person was not convicted or plead guilty. Being held in jail pending a trial does not make someone a criminal.

    Which brings me to this question: Why was OP incarcerated for 6 months? He states that he was not convicted on charges related to the deed transfer but doesn't say why he spent 6 months in jail. Perhaps it was on an assault charge on his brother. If that is the case, then yes he is a criminal by definition.

    OP says that the rescission of the deed transfer judgment was by default while he was in jail. A default judgment can be overturned if the defendant was never served or did not have the opportunity to respond.

    The self-dealing issue is another jump on the OP situation. First, if OP paid $350,000 to his mother and the home was worth $350,000, where is the advantage to OP that would be considered self-dealing to the disadvantage of the grantor?



    Attorneys don't testify or affirm for the defendant being prosecuted. They are only advocates for the people they represent. They are not fact witnesses.
    I said if you commit a crime you are a criminal. It matters not whether you are prosecuted and found guilty. Using your statement, as long as a killer is not convicted, no matter how many people they kill, they are not a criminal.. that is simply not correct. If convicted they become a convicted criminal. Those are two different issues.


    the presumption of innocence is regarding the prosecution of the crime. Whether they are a criminal is a matter of fact regardless what a court may decide. Many many criminals are found not guilty for a variety of reasons. Many criminals are not prosecuted if they aren’t caught or there isn’t enough evidence to successfully prosecute them. That doesn’t make them any less a criminal. It just means the state couldn’t prove they committed the crime.


    the op said nothing about paying his mother anything for the property. I suspect if he purchased his mother’s home he would have said something about it. The terminology used doesn’t suggest there was payment. If he did pay his mother, it could help his case, depending on how much he paid for it compared to market value.

    as to a default judgment can be overturned:

    sometimes. There are reasons some can be overturned but there are also default judgments that cannot be overturned. The specific facts matter. Even if a defendant hasn’t been physically served, that does not necessarily allow for a defauit judgment to be set aside. Courts have rules of service and if those rules were complied with, actual service isnt always necessary. As one example: sometimes service by publication is adequate. Again,,specific facts matter.

  10. #30
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    Oct 2006
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    Default Re: Quitclaim Overturned Due to Duress

    Quote Quoting jk
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    I said if you commit a crime you are a criminal. It matters not whether you are prosecuted and found guilty. Using your statement, as long as a killer is not convicted, no matter how many people they kill, they are not a criminal.. that is simply not correct. If convicted they become a convicted criminal. Those are two different issues.


    the presumption of innocence is regarding the prosecution of the crime. Whether they are a criminal is a matter of fact regardless what a court may decide. Many many criminals are found not guilty for a variety of reasons. Many criminals are not prosecuted if they aren’t caught or there isn’t enough evidence to successfully prosecute them. That doesn’t make them any less a criminal. It just means the state couldn’t prove they committed the crime.


    the op said nothing about paying his mother anything for the property. I suspect if he purchased his mother’s home he would have said something about it. The terminology used doesn’t suggest there was payment. If he did pay his mother, it could help his case, depending on how much he paid for it compared to market value.

    as to a default judgment can be overturned:

    sometimes. There are reasons some can be overturned but there are also default judgments that cannot be overturned. The specific facts matter. Even if a defendant hasn’t been physically served, that does not necessarily allow for a defauit judgment to be set aside. Courts have rules of service and if those rules were complied with, actual service isnt always necessary. As one example: sometimes service by publication is adequate. Again,,specific facts matter.
    Original post, third paragraph:

    And, my sister drained the $350,000 I gave to my mother for the house

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