I am NOT a lawyer and I am NOT giving legal advice, I am telling you what worked for me.
Since most of the attorneys will not admit to helping their client commit fraud or of being in a joint venture, which, they are. If you ask them for a retainer contract, they will send you a signed affidavit telling you what a “law firm should get paid by a plaintiff” but not a RETAINER.
To get them to admit anything you want, send them a TACIT PROCURATION letter. Ask questions and give them 10 days to answer and when they refuse to answer, follow it up with a TACIT PROCURATION TO CURE, meaning now send them the same questionnaire back but only this time with your answers and ask them to object to answers and also give them 10 days to respond. They will not.
The same thing applies if they send you a copy of the note and if you don’t object, the court sees it as an admission on your part. Use their rules and their game to win.
In your answer specify to them that you are not interested in affidavits, you want solid proof. Affidavits are nothing more than junk. If you get an assignment of mortgage is also junk. The assignment never has any evidence of it being real, so question it, ask them to produce the signatory. Deny, deny, deny. If not sure about an answer, DENY it.
You need to save on your desktops the Civil Rules of Procedures in your county, state. When in doubt of any allegation, Google it. You will get enough information on how to proceed. These tactics worked for me. If after you send in your answer you get back from the attorneys a “Summary Judgment” motion, you are winning. They know they have no standing to proceed to therefore, they are asking the court to disregard your answer and rule in their favor. If that happens, object to the motion and at the same time file your motion for “Summary Judgment”.
You must object to everything coming from them. Some lawyers will send you a “Motion to Strike” but if you look closely the motion will talk about a complete different subject than your summons. They want you to set aside since it doesn’t pertain to you. BE careful, it might have a copy of a note attached and if you don’t OBJECT, the note is yours. Always Google everything before you answer. You’ll only lose if you give up. God bless
Filed under: CDO, currency, Eviction, foreclosure, GTC | Honor, Mortgage | Tagged: foreclosure defense, pro se |
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where can i find a tacit procuration letter sample with some instructions about its use. I know that this is a powerfull tool and I do not want to mess it up. i want to do it right. please point me a direcction and i will do the rest. thanks
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Could you please e-mail me a copy of a TCIT PROCURATION LETTER. Thank you.
Just received copy of a proposed “Order on Plaintiff’s Motion to dismiss Defendant’s Counterclaim, Motion to Strike Affirmative Defenses ad Motion to Strike Demand for Proof of Claim” … and need to file immediate response. Any suggestion as to what TEMPLATE could be used that would be a “MOTION IN OPPOSITION TO ORDER” or better?
There has not been discovery yet. At this time we are still waiting on the judge to rule on/respond to the latest filing being “Notice and Lawful Demand for a Definite Statement of Allegation of Bona Fide Jurisdiction to Plaintiff” followed by a Writ of Praecipe to Clerk of Court” (Lawful Notice and Order to Enter Judgment Non Prosequitur (Non Pros)
For Defendants and Dismiss Plaintiff’s Action With Prejudice for Fraud Upon The Court by Wxxxxxx [attorneys],
in the Alternative, Defendants’ Motion for Findings of Fact
And Conclusions of Law from Judge Showing Plaintiff has Proper Standing. There was a 3 days time limit just expired.
Thank you for pointing me in the right direction as to what the next step should be.