Judicial Misconduct In Foreclosure Case

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Summary

Rachel is facing judicial misconduct in a foreclosure and eviction case in Colorado. She has filed multiple complaints and motions but has been denied several times. She is seeking strategies to hold judicial officials accountable and ensure her rights are upheld. Potential motions include a Motion for Reconsideration, Motion to Compel, and Writ of Mandamus. Key elements for a Writ of Mandamus include a clear legal right to relief, a clear legal duty on the part of the defendant, no other adequate remedy, and the act to be compelled being an administrative or ministerial duty. Rachel is advised to seek legal representation and consider reaching out to local law schools or non-profit organizations for assistance.

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I am facing Judical Official Oppression in a unlawful foreclosure and eviction case. I am preparing to amend my complaint. This case is in the context of COVID Forbearance and COVID Modifications. My lender never intended to provide me a modification. Feb *, * through a CFPB report there was a new calculated and achieved mortgage payment. My lender knowingly made a conscious decision to withhold this new payment in violation of several laws. My lender Falsified my eligibility multiple times. I have * vacated foreclosures and the third and final one should have been vacated for the same reasons as the other two. March *, * foreclosure I had evidence of the CFPB report, the lender was actively reviewing my mortgage when they foreclosed, they did not provide any notification of the foreclosure sale and didn't provide any cure totals denying me any other options to save my house. I have * cases in district and federal court. District Court is an appeal for an eviction * CV * may *, *. I filed a lawsuit for unlawful foreclosure sale in federal court *:* CV * March *, *. June * * i filed an emergency hearing to show cause and contempt of court against my lenders attorney and the appeals judge Chaffin. On June * there was a man that came on to my property taking pictures and he informed me that the Mesa County Sheriff's Office was coming to evicted me the next day. So I filed a motion to show cause and contempt of court in district court and federal court. Chaffin responded pending appeal. I was denied several motions and had not yet filed my appeal brief. I still had several motions not addressed since I filed my complaint. No one even looked at my case until June *, *. June *, I was forcibly evicted from my home while I still had pending legal proceedings. The federal judge had denied * motions for a preliminary Injunction and injunction to stop third party sell. I just recently filed a motion to address denied motions and constitutional rights violations August *, *. I need to develope a strategy where they can not deny me my day in court and that I get my injunction granted. Since they are bullying me I have tried everything to stay in the game. Since my appeal Intentionally rendered useless I filed an appeal brief where I accused the judge of complicity. I am planning to send a writ of mandamous but I am running out of time before they sell my home. What direction or strategy can I take to hold the court Judicial Officials accountable for that conduct.
I'm really sorry to hear about your situation, ****. It sounds incredibly challenging. I would recommend:
- Filing a judicial complaint: These can be done through your local judicial conduct board.
- Seeking legal representation: Having a lawyer can greatly increase your chances of success.
However, could you please tell me which state you are in so I can provide more specific advice?
No one will take my case they consider it too complex. I have filed Judical complaints.
I'm sorry to hear about your situation, ****. If you're struggling to find a lawyer, you might want to reach out to local law schools or non-profit organizations. They often have legal clinics that offer free or low-cost assistance. Also, consider contacting your state's bar association for a referral. Could you please provide your location so I may suggest more specific resources?
Colorado
I'm sorry to hear about your struggles, ****. In Colorado, you can:
- Contact the Colorado Legal Services for free legal aid.
- Reach out to Sturm College of Law at the University of Denver, they offer legal clinics.
- Report judicial misconduct to The Colorado Commission on Judicial Discipline.
I have done that. I will be reaching out to law schools again since they are back in session. I am asking about any motions I can file to get the judge to acknowledge HUD administrative responsibilities to the public. The just ignore me and refuse to compel any action of HUD. I filed a motion demanding to be treated equally in the eyes of the law and due process.
I'm sorry to hear about your situation, ****. Here are some potential motions you could consider:
- Motion for Reconsideration: This asks the court to reconsider its decision based on new evidence or legal arguments.
- Motion to Compel: This forces a party to comply with a court order.
- Writ of Mandamus: This commands a government entity to perform a duty.
Again, I'd highly recommend seeking legal advice for your specific situation.
Can you draft an outline for a writ of mandamous from what information I provided?
I can certainly provide a general structure for a Writ of Mandamus. It's important to tailor this to your situation and consult a legal professional. Here's a basic outline:
*. Your Information: Your name, address, and contact details.
*. Respondent's Information: Details of the judge or entity you are petitioning against.
*. Statement of Facts: Explain your situation chronologically, focusing on the facts and laws violated.
*. Legal Argument: State the law or duty that the respondent failed to uphold, and argue why this warrants a Writ of Mandamus.
*. Relief Sought: Clearly state what you want the court to compel the respondent to do.
*. Conclusion: Summarize your request.
*. Signature: Sign and date the document.
Remember, this is just a general guide. Your specific situation may require additional sections or details. Always consult a legal professional.
What are the key elements that need to be met for a writ of mandamous? There is undoubtedly Unconscionable harm being caused to the public and it can not be overlooked anymore
The key elements for a writ of mandamus typically include:
- There is a clear legal right to relief.
- There is a clear legal duty on the part of the defendant to act.
- There is no other adequate remedy available.
- The act to be compelled is an administrative or ministerial duty, not a discretionary one.
Remember, this information is general and may vary based on your jurisdiction. Always consult with a legal professional.