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  1. #1

    Default Court's Jurisdiction and Recusal

    If a judge decides to recuse under 28 455(a) on a case doesn't that mean there isn't a question of jurisdiction? That jurisdiction was acceptable? That its the content that shows impropriety enough to recuse?

    Under this statute 28 455 (a) can another judge rule without being shown as biased and impartial? Especially, since its been tagged for this very issue?

    Thanks

  2. #2

    Default Re: Concerning Jurisdiction and Recusal

    Hi,
    I do apologize. The state is MO- here's more info about what I'm trying to get help on,

    http://findarticles.com/p/articles/m.../ai_n28657518/

    Now my question is this. The Judge on my case Denied me a Tro. After, this I put in a motion to vacate her denial of my tro. Two months later she DENIED my motion to vacate claims as frivolous. Two months later she did a sua ponte recusal. She also gave a chance at a whole new trial, and a new judge. This judge then did a recusal. Two months later I got a response that everything, was dismissed for a lack of jurisdiction, in any form what so ever.

    My POINT or question is if I had NO JURISDICTION what so ever than how and why would the 1st judge basically vacate her order and give a whole new trial if I HAD NO JURISDICTION?

    I've done some background checking and it seems the last judge that ruled this is basically a judge on the take. At least from what I've read. Or basically corrupted by some of the other individuals here in my state.

    I don't just say this because I'm angry about the outcome of my case. I just wanted to state this. I say this because, I got caught up what you ask me to be a criminal enterprise here in St. Louis. Where the judges are actually letting our homes be stolen. Even if we may have a way out of a bad situation. Hence the recusals. When a case like mine comes forward I can see why they don't want me in court.

    However, to me I must not give up. Cause its not just my rights its several people that go to these courts for justice. To end up with a biased and impartial judge ALL THE TIME is just WRONG. I don't take things like someone being biased and impartial for no reason lightly at all. Don't know why anyone would.

    To the degree they are being biased and impartial most wouldn't understand. I do because I was one of the top bill collectors in our country. Until I found out I was had. Just from even taking a job believing what I was told. That I had the right to sell mortgage notes for one of the largest banks in the world. Then found out they lied 2.5 yrs later. Had they not lied I wouldn't of been put in a situation to lose my job. I say my home was STOLEN, because my mortgagee Citi had a chance to gain clients that would of spent $150,000 to $50m with them per month if they knew how to do proper business. So if they don't know how to do proper business how can I pay?

    Then again I wouldn't of found out the most of the whole justice system in St. Louis is on the take. So therefore, help and enlightenment is definitely appreciated. This whole ordeal is quite overwhelming. But you have the gist of the whole arguement now. It sucks when its not just your house but your livelihood as well your trying to keep in tact. I didn't ask for people to lie to me from the word go for no reason.

    Thanks,

    Kathy

  3. #3
    Join Date
    Sep 2005
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    Default Re: Concerning Jurisdiction and Recusal

    This is in bankruptcy court? What facts and law gave the court both subject matter jurisdiction and personal jurisdiction over your complaint?

  4. #4

    Default Re: Concerning Jurisdiction and Recusal

    Quote Quoting Mr. Knowitall
    View Post
    This is in bankruptcy court? What facts and law gave the court both subject matter jurisdiction and personal jurisdiction over your complaint?
    I do apologize. Initially, I filed a chp 13 that eventually got dismissed. Prior to dismissal we Sustained a Objection that they(2nd lien servicer-NO OWNER) came to court with NO STANDING, and knew this prior to filing their proof of claim as well. They stopped a foreclosure prior to my bk because of this as well.

    Subsequently, is when I also found out about the origination fraud on my 1st mortgage. And who exactly should come out as a real party in interest when there's issues such as origination fraud...However, in my case my atty continually was a downright dishonest atty! That's putting it politely...Anyway, before the 1st dismissal my atty never did none of the qwrs or respa letters and such.

    I filed another chp 13. Then presented my own adversary. To which the judge did nothing. I requested a 20 day extension when I filed the 2nd chp 13-I haven't had a atty since my first bk. I found out after the fact that he okayed the extension. But not for the amount of time I requested. Apparently, the time allowed by law which is 15 days instead of 20. But of course they changed the sheet in the documents on my extension letter. I've had pages removed from my bk adversary. In my counterclaim as well. It's like their trying to make me out to be a Jason Bourne with NO IDENTITY ANYMORE.

    So after this I did a Common Law Counterclaim. Was hoping for Jurisdiction under the "Savings To Suitor Clause." I do have the letters from my atty to the bk trustee who did nothing as well in the 1st bk with my atty concerning the 2nd mortgage and he ignored this letter.

    Now I believe the reason for the recusals is because the other Sr. Dist Court judge questions the Bk Judges Jurisdiction. Cause while we sustained the objection and the 2nd was made not to be paid regular monthly payments or arreage pymts he did nothing else to rectify them bringing on the false foreclsoure to begin with. As he never held them responsible at all. This happened prior to the dismissals Ohio had by Omalley and such...Before, more hardship because of worsened financial standing.

    The way they did it I couldn't even sell my home prior to a foreclosure because of the originators neglience. I don't deny I owe someone. However, I never want to pay a mortgage twice. Don't know anyone who would. And they did the screw up not me. Its been a great life being a bill collector. And by God if it was my screw up I'd lose my job. Which has happened. To me though I've gathered enough evidence to show the judge isn't acting fairly and needs to removed. As this just doesn't effect me it effects anyone going into that court room without the knowledge I have of understanding our laws.It effects anyone's atty going to court who will let a judge dissuade him or her into not following the law as well. I don't say this lightly. But after attempting to pay for my bills which could of been done in 5 days or less what do you want me to do when banking is what I know? So I say what does it take to get them to do PROPER BUSINESS? That's what closes deals...





    Here's what I put for the jurisdiction of the court when I did my adversary

    Jurisdiction of this court arises under 15 U.S.C. 1692k(d) and 28 U.S.C.
    1331-1337

    Jurisdiction is also premised upon diversity of citizenship of parties. The parties are citizens of different states and the amount collectively in controversy exceeds the sum of $75,000 exclusive of interest and costs. 28 U.S.C. 1332.

    This started as an All Fund Mortgage. I guess they table funded it for Argent/Ameriquest. Who subsequently assigned my 1st mortgage to one to possibly 10 companies under the Citi name. Since original hasn't been proven they can't seem to pinpoint which company owns. So in reality it could still be with All Fund, Argent, Ameriquest, Ford Credit, The Associates, Citimortgage, Citiresidential and on an on....

    The 2nd knew prior to ever filing my proof of claim in bk court that they didn't know who owned my 2nd mortgage. So to me their proof of claim to be paid is false. Is a $500,000 penalty or 5 yrs in jail. It may of stopped some of these foreclosures...Doubt it at the rate I'm seeing things happen...

    Its just to dam involved...What a nightmare for anyone!

    Be blessed...

  5. #5
    Join Date
    Aug 2009
    Posts
    24

    Default Re: Court's Jurisdiction and Recusal

    The 2nd knew prior to ever filing my proof of claim in bk court that they didn't know who owned my 2nd mortgage. So to me their proof of claim to be paid is false. Is a $500,000 penalty or 5 yrs in jail. It may of stopped some of these foreclosures...Doubt it at the rate I'm seeing things happen...

    Its just to dam involved...What a nightmare for anyone!
    I feel for you ... I've been in federal court where I was told the judge got bought-off ... initially he ruled in my favor on summary judgment based on the facts and evidence of the record ... then after trial, after proving the allegations made, he contradicted himself and ruled in their favor - to help with his guilt, he said and put in his order that he was "personally offended" by what was done to me.

    Anyway, back to the subject at hand ... I'm glad I found out they are to possess and prove the original mortgage to be able to foreclose.

    My sister got a mortgage with Ameriquest too -- I see what is meant by "predatory lenders" - good luck

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