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Monday, March 18, 2024


IT'S TIME FOR PEOPLE TO SEE HOW CERTAIN BLACKS AND CERTAIN PERSONS OF COLOR SELL OUT THEIR ETHNIC GROUPS TO BE ACCEPTED BY RACIST INDIVIDUALS IN THE POLITICAL MACHINE.

MOST BLACKS IN THE PARTY HAVE LIMITED AUTHORITY OVER MOST CAUCASIANS AND NEED PERMISSION ON HOW TO RULE OR ADJUDICATE CASES AS IF THEY WERE CHILDREN.

THIS APPEAL WAS FILED MARCH 18, 10:05 AM IN THE CIRCUIT COURT OF COOK COUNTY.

THE PERSON WHO DESTROYS AND SELLS OUT THE MOST PEOPLE IN THEIR ETHNIC GROUPS IS PROMOTED OR APPOINTED TO THE APPELLATE COURT OR AS A JUDGE DEPENDING HOW THE MACHINE DECIDES TO USE YOU.

THIS 21 PAGE DOCUMENT PARTICULARIZES HOW JIM CROW LAWS ARE STILL BEING ENFORCED IN ILLINOIS WHICH HAS BEEN OUTLAWED BY THE UNITED STATES SUPREME COURT BUT IS USING SUBTERFUGE IN MANY LAWLESS LEGAL APPLICATIONS OF THE LAWS AS DEMONSTRATED IN THIS CASE.

NOTICE HOW NO BLACK PERSON IN AUTHORITY OPENED THEIR MOUTHS AND SAID ANYTHING BECAUSE SO MANY HAVE ACCEPTED BEING A FIGUREHEAD FOR THE POLITICAL MACHINE SO AS TO COVER UP THE KLAN STYLE OF KANGAROO COURTS MAKING SURE PEOPLE OF COLOR NEVER RECEIVE EQUAL PROTECTION OF THE LAWS.

 

                           APPEAL TO THE ILLINOIS APPELLATE COURT

                                                    FIRST DISTRICT

                         FROM THE CIRCUIT COURT OF COOK COUNTY

                                        DOMESTIC RELATIONS DIVISION

________________________________________________________________________

 

U.S. Bank National Association, As Trustee Under)

Pooling and Servicing Agreement Dated as of        )

December 1, 2006 Mastr Asset–Backed Securities )

Trust 2006-NC3 Mortgage Pass-Through               ) Trial Court  2008 CH 33616

Certificates, Series 2006-NC3                                 )                                                

                                                                                 )

                                               Plaintiff-Appellee     )

                                                                                 )  Division No.          

V.                                                                              ) Hon James T. Derico

                                                                                 )                                                                                                                                                                      )    

                                                                                 )

Monzella Y. Johnson, A/K/A Monzella                  )                                   

Johnson; Marcia E. Johnson A/K/A Marcia            )                                                

Johnson: Mortgage Electronic Registration            )

Systems, Inc. As Nominee for New Century          )

Mortgage Corporation; Monzella Y. Johnson         )                                         

( C ) Cestui Que Trust; Discover Bank;                  )

Unknown Owners and Non-Record Claimants,      )

                                                                                 )

                                              Defendant-Appellant  )

  ______________________________________________________________________                                                                                                                                  

                                      NOTICE OF APPEAL

       SEEKING A STAY OF EVICTION DUE TO MORTGAGE FRAUD

         APPEALING FROM THE MARCH 12, 2024 COURT ORDER

To: Cook County States Attorney                Chief Judge Timothy C. Evans

         Kim Foxx                                             50 West Washington, Suite 2600

         50 West Washington, Suite 500                Chicago, Ill. 60601

         Chicago, Ill. 60601                           

                                                                        

Clerk of the Circuit Court                     

Iris Y. Martinez                                                    Attorney General   

50 West Washington, Suite 1001             Kwame Raoul alexandrina.shrove@ilag.gov

Chicago, Ill. 60601                                              555 West Monroe Suite 1300

                                                                 Chicago, Ill. 60601

 

                                                 Cook County Sheriff’s

                                                           Tom Dart

                                 50 West Washington, Suite 702 email CCSO@ccsheriff.org

                                                   Chg. IL 60601

 

Registered Agent: Grace A. Gorka  US Bank Natl. Assoc.

         190 S. LaSalle,

         Chg. IL 60603

 

                                             

JSC_General@atgf.com  Pamela Murphy-Boylan President CEO of the (TJSC)

 

 RPerdew@lockelord.com                 Lord & Locke Law Firm

simon.feng@lockelord.com              Lord & Locke Law Firm

pmal@potestivolaw.com                   Potestivo Law Firm

chicagodocket@lockelord.com        Lord & Locke Law Firm

                                                                                 

Chicago Police Superintendent, 3510 S. Michigan Ave, Chicago Ill. 60653

Email CLEARPATH@chicagopolice.org

Potestivo & Ass., PC                                              

Bryan G. Thompson, Poulami Mal                       

ipleadings@potestivolaw.com                              

bthompson@potestivolaw.com                     

223 West Jackson, Blvd, Suite 610  
Chicago, IL. 60606                          

COURTESY COPIES TO THE FOLLOWING:

 

Dir.  FBI,                                                      Hon Mayor Brandon                          

Special Agent in Charge (FBI)                     City Hall 7th floor                                  

Wes Wheeler, Jr.                                             Chicago, IL. 60601                          

 2111 West Roosevelt Road

Chicago, Il 60608                                 

                             

 

                                                                                  Respectfully submitted,

 

                                                                                  Monzella Y. Johnson, Pro Se

                                                                                          

                                                                                        Chicago, Il 60615

                                                                                            

                                                                                    Email Frogishtwo65@gmail.com

 

                                                                 Page 2

 

 

                          APPEAL TO THE ILLINOIS APPELLATE COURT

                                                    FIRST DISTRICT

                         FROM THE CIRCUIT COURT OF COOK COUNTY

                                        DOMESTIC RELATIONS DIVISION

________________________________________________________________________

 

U.S. Bank National Association, As Trustee Under)

Pooling and Servicing Agreement Dated as of        )

December 1, 2006 Mastr Asset–Backed Securities )

Trust 2006-NC3 Mortgage Pass-Through               ) Trial Court  2008 CH 33616

Certificates, Series 2006-NC3                                 )                                                

                                                                                 )

Plaintiff-Appellee                                                    )

                                                                                 )  Division No.          

V.                                                                              ) Hon James T. Derico

                                                                                 )                                                                                                                                                                      )    

                                                                                 )

Monzella Y. Johnson, A/K/A Monzella                   )                                   

Johnson; Marcia E. Johnson A/K/A Marcia            )                                                 

Johnson: Mortgage Electronic Registration            )

Systems, Inc. As Nominee for New Century          )

Mortgage Corporation; Monzella Y. Johnson         )                                         

( C ) Cestui Que Trust; Discover Bank;                  )

Unknown Owners and Non-Record Claimants,      )

                                                                                 )

                                              Defendant-Appellant  )

  ______________________________________________________________________                                                                                                                                  

                                   Jurisdictional Statement

 

Order entered: March 12, 2024

Notice of Appeal filed: March 18, 2024

Statutes: Cook County Judge “Trespassing upon the Laws” Black or certain Colored Judges not having Jurisdiction on Caucasian Litigants,   “No Jurisdiction on the Appellant” Committing Fraud, Engaging in Treason Like Offenses, Judge Committing Perjury, Judge aiding and abetting in a Criminal Conspiracy, Judge committing Unequal Protection of the Laws Violations, Judge acting outside of the Immunity provisions of his Oath, Judge engaging in “Jim Crowis’m” Laws outlawed by the United States Supreme Court  as he used his robe and jurisdiction to aid and assist in Judicial Corruption and Cover-up Corruption, Local Rule 56.1(b)(3)(B), Judges and other Public Officials to cover-up Criminal Civil Rights Violations on Pro Se Litigants for taking a stand against Tyranny and Injustices in the Courts, Disparate Unequal Protection of the Laws, Racial Hate Crimes, Black or Colored Judges are used to Discriminate and

                                                             Page 3

Unequally Apply Laws against the Colored Ethnic Groups Covering Up Civil Rights Violations, Racial Terrorism Conspiracy, Domestic Judicial Terrorism, Public, Political, Fraternal Corruption Conspiracies, and other Un-Constitutional Lawless Violations.

1.)     That Respondent received a 9 Page Memorandum Order from Judge Gillespie #1 and #2 of Page 9 of her June 3, 2010 Order states “That Defendants Monzella Johnson and Marcia Johnson’s Motion to Vacate the November 3, 2009 sale is GRANTED and the sale is VACATED Motion to Vacate the Judgment of Foreclosure entered on June 3, 2009 is GRANTED because of the Insufficient Affidavit of Proof”

2.)     That Par #5 states “That neither party shall file any pleadings without prior leave of the court.”

3.)    Pursuant to 735 ILCS 5/2-612 Counsel never Objected to the sufficiency of Petitioners pleadings, Objections to sufficiency of pleadings either in form or substance must be made In trial court, and if not so made, they will be considered waived and cannot be raised for the first time on appeal. People ex rel. Deynes v. Harris, App. 1948, 77 N.E. 2d 439, 333 Ill. App. 280.


4.)     That the Appellate Court’s Order Page 5 Par 14, Page 6, states “The Court’s decision to vacate the June 2009 foreclosure judgment and subsequent foreclosure sale was actually based on one of the issues defendants raise here, namely that the affidavit plaintiff was required to file in order to support the foreclosure judgment was “wholly insufficient”. We affirm the trial court’s order.

A-    That the Plaintiff’s never requested Leave of the Court pursuant to #5 of Par 2. 

B-     That the Plaintiff’s never complied with Judge Gillespie’s Order of Par 1 nor did they comply with the Affirming of the Appellate Court pursuant to Par 4 hereto attached, Caucasian Presiding Judge Pamela H. Gillespie VACATING FORECLOSURE/SALE JUNE 2009, MEMORANDUM OPINION AND ORDER, 9 PAGES.  

C-    That First District Appellate Court Judges, Nathaniel R. Howse, Jr. James R. Epstein and Joseph Gordon AFFIRMED Judge Gillespie’s Court Decision, Dec 30, 2011.

 

 That Fed Rule Civ P. 8 and 9 require plaintiffs to particularize their allegations of "fraud on the court" in as short, plain, and direct a way as is 

                                                              Page 4

reasonable. To comply with these rules, Plaintiff in specific detail outlined each judicial proceeding complained of, alleged specific facts that make those proceedings "fraudulent" or otherwise improper, and named the particular judges, parties and other individuals involved and the extent of their involvement in each claim of "fraudulent" or otherwise improper conduct. 

That Judge Lyle realizing, she never had jurisdiction acted as a “Private Citizen”  violated the Civil Rights of Colored People with the understanding knowing that the Illinois Judicial system is racist towards people of Color demonstrated her amplified role as a co-conspirator to all Terrorist Acts by entering a Court Order VOID/ A NULLITY VACATING THE SALE OF RESPONDENT’S HOME et al, (Oct. 29, 2018) for the same Plaintiff’s.    

That Judge Lyle never had jurisdiction and violated the very laws violating her Oath  “ENGAGED IN TREASON OFFENSES, (MAY 5, 2021) ENTERED AN ORDER 2 YEARS SEVEN MONTHS LATER TO U.S. BANK from her other Order Vacating; 

Judge Robert Adrian, a veteran judge in downstate Quincy, Illinois, faced removal from the bench due to his controversial actions. In 2022, he reversed a guilty ruling against a young man in a sexual assault case. The Illinois Courts Commission issued a rare decision, stating that Adrian attempted to circumvent the state’s mandatory minimum sentencing law during a sentencing hearing for Drew Clinton, who was previously found guilty of sexually assaulting 16-year-old Cameron Vaughan at a 2021 graduation party. Adrian justified his reversal by claiming that the Adams County prosecutor had “totally failed” to prove Clinton’s guilt, but the commission saw this as a subterfugeThey concluded that the judge intentionally circumvented the law to satisfy his personal belief about a just sentence, resulting in the reversal of the criminal defendant’s conviction1.

A-   Whereby Inducing Reliance on this court now before Judge Derico because his March 1, 2024 Court Order DENYING said Motion for Reconsideration et al. is predicated on the egregious actions of Mortgage Fraud of Judge Lyle entering Court Orders where she never had jurisdiction.

B-     That Judge Lyle  Entered a VOID ORDER / A NULLITY Granted the Plaintiff’ a Default Judgment Dec 6, 2017, and Ordered the Confirmation Sale (8 years after the judgment of Judge Gillespie) of said property ignoring every criminal act said attorneys and she was complicit in said “Organized Criminal Conspiracy”

                                                                                   Page 5

That said EGREGIOUS CALLOUS disposition towards senior citizens fighting to remain in their home from an OVERT ACT of Mortgage Fraud is no different from a thug in the streets carjacking and robbing them and shooting them even though they have complied with the criminals, in this matter Respondents have adhered to Steinbrecher v Steinbrecher, 197 Ill. 2d 514, 528 (2001), “Pro se litigants are presumed to have full knowledge of applicable court rules and procedures”

The United States Supreme Court recently acknowledged the judicial corruption in Cook County, when it stated that Judge "Maloney was one of many dishonest judges exposed and convicted through 'Operation Greylord', a labyrinthine federal investigation of judicial corruption in Chicago". Bracey v. Gramley, case No. 96-6133 (June 9, 1997).

Since judges who do not report the criminal activities of other judges become principals in the criminal activity, 18 U.S.C. Section 2, 3 & 4, and since no judges have reported the criminal activity of the judges who have been convicted, the other judges are as guilty as the convicted judges.   

5.)  That every attorney Plaintiff has retained has violated all of RPC 3.3 and the Ethics

            All Illinois lawyers must be familiar with the Illinois Rules of Professional Conduct, and trail lawyers must be particularly familiar with the rules that apply specially to them.

            RPC 3.3, entitled “Conduct Before a Tribunal,” sets forth the standards to be followed by the trial lawyer during “battle.” Section (a) of that rule states:

(a)  In appearing in a professional capacity before a tribunal, a lawyer shall not:

(1)  make a statement of material fact or law to a tribunal which the lawyer knows or reasonably should know is false;

 

(2)  fail to disclose to a tribunal a material fact known to the lawyer when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;

                                                                            Page 6

(3)  fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel;

 

(4)  Offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures;

 

(5)  participate in the creation or preservation of evidence when the lawyer knows or reasonably should know the evidence is false ;

 

(6)  counsel or assist the client in conduct the lawyer knows to be illegal of fraudulent;

 

(7)  engage in other illegal conduct or conduct in violation of these Rules;

 

(8)  fail to disclose the identities of the clients represented and of the persons who employed the lawyer unless such information is privileged or irrelevant;

 

(9)  intentionally degrade a witness or other person by stating or alluding to personal facts concerning that person which are not relevant to the case;

 

(10) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of and accused, but a lawyer may argue, on analysis of evidence, for any position or conclusion with respect to the matter stated herein;

 

6.)  That no Judge seems to understand or know their Oaths to the Bench, In Illinois, 705 ILCS 205/4 states "Every person admitted to practice as an attorney and counselor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form:

'I do solemnly swear (or affirm, as the case may be), that I will

                               Page 7

 support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability.'"

 

In Illinois, a judge must take a second oath of office. Under 705 ILCS 35/2 states, in part, that "The several judges of the circuit courts of this State, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation, which shall be filed in the office of the Secretary of State:

 

'I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of judge of ______ court, according to the best of my ability.'"

Further, if the judge had enlisted in the U.S. military, then he has taken a third oath. Under Title 10 U.S.C. Section 502 the judge had subscribed to a lifetime oath, in pertinent part, as follows: "I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; ...".

The U.S. Supreme Court has stated that "No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958).

Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the Supreme Law of the Land. The judge is engaged in acts of treason. 

Having taken at least two, if not three, oaths of office to support the Constitution of the United States, and the Constitution of the State of Illinois, any judge who has acted in violation of the Constitution is engaged in an act or acts of treason.

If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in an act or acts of treason. 

The United States Supreme Court acknowledged the judicial corruption in Cook County, when it stated that Judge 

                                       Page 8

"Maloney was one of many dishonest judges exposed and convicted through 'Operation Greylord', a labyrinthine federal investigation of judicial corruption in Chicago". Bracey v. Gramley, case No. 96-6133 (June 9, 1997).

7.)    That because of the above; Fraud admissibility great latitude is permitted in proving fraud C.J.S. Fraud 104 ET Seg. Fraud 51-57. where a question of fraud and deceit is the issue involved in a case,  great latitude is ordinarily permitted in the introduction of evidence, and courts allow the greatest liberality in the method of examination and in the scope of inquiry Vigus V. O’Bannon, 1886 8 N.E 788, 118 ILL 334. Hazelton V. Carolus, 1907 132 ILL. App. 512. https://unlawful1.blogspot.com/2014/12/blacklivesdontmatter-judgemikva-never.html?spref=tw

 

A-     That said case (88 D 079012) they had to recruit a judge from the juvenile division because no judge in the Daley Center aka (Babylon, Hell, etc.) wanted to have any dealings with the Respondent, Judge Mikva told the Respondent “he had a Gift, he can tell a story using the laws and she understood everything he was saying, in that his pleadings were unique not the way law school teaches students how to plead.”

 

B-    In Re                                1-23-1065

                                                            FIRST DIVISION

                         APPEAL TO THE ILLINOIS APPELLATE COURT

                                                    FIRST DISTRICT

                                               )      

Joe Louis Lawrence                                             )   Petition For Review Of The Order

                                                                             )   Of The Illinois Labor Relations

    Petitioner-Appellant                                        )   Board State Panel

                                                                             )

                                                                             )

                      VS                                                  )

                                                                             )           ILRB Nos. L-CB-23-004

                                                                             )

                                                                             )

The Illinois Labor Relations Board, State Panel )

Lynne O. Sneed, Charles E. Anderson, Angela   )

C. Thomas, Kimberly Faith Stevens, in her         )

Official Capacity as Executive Director  Of The )

Illinois Labor Relations Board,                            )

A.T.U Local 241, President Keith Hill;               )

                                                                              )

          Respondents-Appellees                              ) 

                                                                        Page 9

Hereto Attached as Gr Ex 1, Appellant filed a MOTION FOR RECONSIDERATION AND VACATE THE FEB 28, DISMISSAL FOR WANT OF PROSECUTION DUE TO JUDGE TERRANCE LAVINE OBSTRUCTED JUSTICE & ACTED AS A “PRIVATE CITIZEN” DENIED EVERY MOTION PETITIONER FILED AND ORDERED THE CLERKS IN THE APPELLATE COURT NOT TO ACCEPT HIS MOTIONS DUE TO THEM BEING FRIVOLOUS SAID CLERKS WERE IN FACT INTIMIDATED BECAUSE OF HIS JUDICIAL STATUS PETITIONER NEVER WAS SUPPOSED TO SUBMIT A BRIEF BECAUSE THE LABOR BOARD NEVER HAD A RECORD OR INVESTIGATED THE CTA OR ATU LOCAL 241 IL 4TH DISTRICT JUDGES LISA HOLDER WHITE, CAVANAGH AND KNECHT IN RE CITY OF SULLIVAN V THE ILL LABOR RELATIONS BOARD CREATED A PRECEDENT IN THE LAWS THAT WAS EGREGIOUSLY IGNORED BECAUSE OF PETITIONER’S SKIN COLOR AND PRO SE STATUS (filed March 1, 2024 at 9:51am) and was DENIED immediately at 1:54pm before any judge received it. )

 

        1. Allegedly a Clerk impersonated a Judge and MaryAnn Kaya emailed Ex 3.

 

C-    That upon the filing of the aforementioned Motion and leaving the building security and a State Marshall requested he wait while he was the elevator and on the first floor informed him he was not allowed to ever enter the Bilandic Building, hereto attached Gr 2 an Order signed by judges with no explanation of any alleged crime, the Order is dated Sept. 22, 2023 and he informed the Marshalls and building security, he was not aware and never received any email to this fact and he only received a court order two days ago is the only reason, he was in the building, hereto attached Ex 3, Court Order  dated Feb 28, 2024 with judges names typed not signed, but on Gr Ex 2 they are signed.

 

D-    That because no attorney in any of the courts were able to manipulate the laws and defeat the Plaintiff acting Pro Se in his behalf and said attorneys and law firms concurred by agreeing to everything, to what he has asserted in his pleadings as being TRUTHFUL by not Objecting or Denying to anything recorded in his Pleadings accompanied via Affidavits, judges resented him because of his skin color and the fact they could not suspend any law license in an attempt to stop him from particularizing the “Fraudulent Criminal Civil Rights Violations of judges, so they became “Private Citizens” pursuant to Section 1983 imposing liability only when a municipality has violated a federal right.

8.)  That Respondent’s had Attorney Joseph P. Harris (LAW LICENSES SUSPENDED) as their attorney in this foreclosure matter and egregious false charges were levied against him in the same manner they were levied against Attorney Lanre Amu By Jonathan Bilyk Dec 17, 2013

                                                                                       Page 10


9.)    That when you complain of Mortgage Fraud or about the judges involved you get your law license suspended and now if you are a Pro se person of Color defending yourself against corrupt or racist judges, they enter Orders keeping you out of the very building you need to go into for further relief being the Appellate Court or Supreme Court of Illinois where Judge Lyle is now a part of.

 

10.)       That as Pro Se senior citizens, there is not a scintilla of falsity in any of said pleadings showing Judge Lyle ever had jurisdiction to ALLOW any EVICTION BY THE COOK COUNTY SHERIFFS  from their home of over 60 years.

 

A-    Respondent filed a Motion Striking/Objecting Approving Report of Sale (Court Order Being Void/ A Nullity) And Distribution, Confirming Sale and Eviction Order, And for a Personal Deficiency Judgment, Order Finding Personal Deficiency Due to Judge Lyle & Other Attorneys/Judges Complicit in a Criminal Enterprise of Mortgage Fraud Affidavit of PHH Mortgage Corp. Corroborating Their Involvement Stealing Home Warranting A Rule to Show Cause Remanding All Parties Instanter Into Custody w/ Body Attachment & Disqualifying Judge Lyle Instanter  (April 25, 2022) in the  Circuit Court of Cook County detailing a Plethora of Criminal Enterprise Actions.

 

B-    That Plaintiff’s Response to Defendant’s Monzella Y. Johnson’s Motion Striking/Objecting Approving Sale (Court Order Being a Void/Nullity) And Distribution et al. (Interpreted as a Motion To Vacate The Order Approving Sale For Not Receiving Notice) (filed June 24, 2022)

 

C-    That Respondent knowing that the Plaintiffs were not going to file any reply or comply with judge Lyle’s court order, so Respondent’s Motion for Summary Judgment and Motion Pursuant to all State of Illinois and Federal Rules of Civil Procedure w/Affidavit seeking $33 Million Dollars for the number of years they have been frivolously before the courts FRAUDULENTLY 14 YEARS (Filed June 2, 2022).

 

D-    RESPONDENT’S REPLY MOTION STRIKING PETITIONER’S RESPONSE MOTION TO MONZELLA Y. JOHNSON’S MOTION STRIKING/OBJECTING APPROVING SALE (COURT ORDER BEING A VOID/NULLITY) AND DISTRIBUTION ET AL. (INTERPRETED AS A

                                              

                                         Page 11 



     MOTION TO VACATE THE ORDER APPROVING SALE FOR NOT RECEIVING NOTICE-WARRANTING A RULE TO SHOW CAUSE REMANDING ALL PARTIES & DISQUALIFYING JUDGE LYLE INSTANTER w/AFFIDAVIT (filed June 30, 2022).

 

6.    That judge Lyle demonstrated an unknown interest (allegedly paid off by Bank Officials only FBI or Grand Jury can ascertain this fact) in this matter which has blinded her objectivity in adjudicating the merits of this matter, due to the aforementioned; Sup Ct. Rule 63 (c) (1) (d) mandates disqualification where the judge has an interest in the proceeding. (eff. April 16, 2007).

 

7.      That judge Derico (assuming Judge Lyle was acting TRUTHFUL) indicated in his Order that (1) “The Order Approving Sale in this case was entered on March 15, 2022. The Defendants filed a Motion on April 25, 2022 seeking to Vacate the March 15, 2022 Order See Par C of Page 2, “It appears that Motion was not heard”. However, Defendants filed a subsequent motion on or about August 29, 2022 seeking relief from the March 15, 2022 Order and additional relief.THIS IS AN EGREGIOUS FALSEHOOD, See Pars D-F.

 

a.       To show fraud upon the court, the complaining party must establish that the alleged misconduct affected the integrity of the judicial process, either because the court itself was defrauded or because the misconduct was perpetrated by officers of the court. Alexander v. Robertson, 882, F. 2d 421,424 (9th Cir. 1989);

 

b.      A void judgment does not create any binding obligation. Kalb v. Feuerstein (1940) 308 US 433, 60 S Ct 343, 84 L, Ed 370.

 

  Properly alleged facts within an affidavit that are not contradicted by counter affidavit are taken as true, despite the existence of contrary averments in the adverse party’s pleadings. Professional Group Travel, Ltd. v. Professional Seminar Consultants Inc., 136 ILL App 3d 1084, 483 N.E. 2d 1291; Buzzard v. Bolger, 117 ILL App 3d 887, 453 N.E. 2d 1129 et al

 

8.       That Black Democrats as judges or responsible persons in alleged authority are emulating the same hate and injustices People of Color have been fighting for many years trying to keep or properties or fight against the Unequal Applications in the laws, in that Judge Lyle has been the defacto attorney for US Bank ever since this case was before her.

A-    Plaintiff’s having already admitted to all Pleadings have never COMPLIED with any LAWS, COURT


                             Page 12


      ORDERS and it is evident thus far, they have no RESPECT for BLACK JUDGES and it is indicative in this matter and in so many cases similar to this, as reflected egregiously in Gr Ex 1.

9.       

Conspirators to be guilty of offense need not have entered conspiracy at same time or have taken part in all its actions. People V. Hardison, 1985, 911 Dec. 162, 108. Requisite mens rea elements of conspiracy are satisfied upon showings of agreement of offense with intent that offense be committed; Actus reas element is satisfied of act in furtherance of agreement People V. Mordick, 1981, 50 ILL, Dec. 6

 

That Plaintiff’s has demonstrated beyond the Preponderance of Evidence that said acts demonstrates how Section 1983 of U.S.C.S. contemplates the depravation of Civil Rights through the Unconstitutional Application of a Law by conspiracy or otherwise. Mansell v. Saunders (CA 5 F 1A) 372 F 573, especially if the conspiracy was actually carried into effect, where an action is for a conspiracy to interfere with Civil Rights under 42 U.S.C.S. 1985 (3), or for the depravation of such rights under 42 U.S.C.S. 1983, if the conspiracy was actually carried into effect and plaintiff was thereby deprived of any rights, privileges, or immunities secured by the United States Constitution and Laws, the gist of the action may be treated as one for the depravation of rights under 42 U.S.C.S. 1983, Lewis v. Brautigan (CA 5 F 1a) 227 F 2d 124, 55 Alr 2d 505, John W. Strong, 185, 777-78 (4 the ed. 1992).         

 

10.   That Par C Ex A is being Re Noticed on Court’s authority Motion Striking/Objecting Approving Report of Sale (Court Order Being Void/ A Nullity) And Distribution, Confirming Sale and Eviction Order et al.

                                              Pages 3-4 of the aforementioned Par 9

A-   That the entire data base under Cook County Clerk Iris Y. Martinez (not implying she had anything to do with this Criminal Conspiracy) has been altered removing all attorneys involved but recorded Larson and Associates in all entries;

 

B-   That Judge Lyle used her skin color as a Negro woman to aid and assist in all Terrorist Conspiracies in helping out all racist parties including other judges associated with U.S. Bank in helping them try and steal said home because said women were elderly and non-white; said judge acted as if because she had no jurisdiction to enter orders against the Respondent, one can easily infer that all racist personnel would assist her if an investigation was had dismissing any wrong doing on her part because she was helping them.

 

C-   That because Lyle acted as a “Private Citizen” assuming arguendo that said Respondent was elderly and non-white nobody would care about how her civil Rights were being desecrated in the Illinois courts making it clear, “THAT BLACK AND BROWN LIVES REALLY DON’T MATTER” in Chicago, Illinois. 

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D-   Lyle and Postestivo engaged in diabolical Terrorists Acts as they committed a plethora of felonies making a mockery out of the courts and States Attorney, Attorney Generals offices Inducing Reliance on everyone trying to undermine the integrity of Respondent’s legal claims properly presented to the courts.

 

E-   Page 1 of the March 15, 2022 court order, states “That all notices required by 735 ILCS 5/15-1507(c) were given is a “LIE” Defendant received the Order Friday April 22, 2022 said envelope from Potestivo  & Associates envelope reflects it was mailed April 20, 2022 from Rochester Michigan, hereto attached

 

F-     Page 3 of the order states, “The Movant shall mail a copy of this Order within 7 days to the last known address of the Mortgagor,” Order was not received until 31 days from the 7 days on which was stated on the court order, “Private Citizen” Lyle acted like the THUGS from her neighborhood where she was the Alderman as they are CAR JACKING and KILLING she is using her ROBE and vicious Judicial authority (as a THUG IN A ROBE) to help racist ANGLO-SAXONS HOUSE-JACK the homes from individuals who share her same skin color (sic) INDUCING RELIANCE

To prevail in a cause of action for fraud, plaintiff must prove that defendant made statement of material nature which was relied on by victim and was made for purposes of inducing reliance, and that victim’s reliance led to his injury. Parsons V. Winter, 1986, 1 Dist., 491 N.E. 2d 1236, 96 ILL Dec. 776, 142 ILL App 3d 354, Appeal Denied. In Carter V. Mueller 457 N.E. 2d 1335 ILL. App. 1 Dist. 1983 The Supreme Court has held that: “The elements of a cause of action for fraudulent misrepresentation (sometimes referred to as “fraud and deceit” or deceit) are: (1) False statement of material fact; (2) known or believed to be false by the party making it; (3) intent to induce the other party to act; (4) action by the other party in reliance on the truth of the statement; and (5) damage to the other party resulting from such reliance.

G-  That all judges acted as a “Private Citizens” they never had jurisdiction on the Respondent to compel her house to be sold or have any adverse rulings against her in any legal capacity, the Illinois Supreme Court has held that "if the magistrate has not such jurisdiction, then he and those who advise and act with him, or execute his process, are trespassers." Von Kettler et.al. v. Johnson, 57 Ill. 109 (1870)

 

H-   “Private Citizen” Lyle entertained a Motion filed in the database  (Feb 24, 2022) with no Notice recorded to inform Respondent of what was going on in the courts; Sup Ct. Rule 63 (c) (1) (d) mandates 


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disqualification where the judge has an interest in the proceeding. (eff. April 16, 2007).

 

I-     “Private Citizen” Lyle has had a vendetta against said Respondent’s for a long time because they not only DEFEATED every bank attorney but out argued them as well ( EXTREMELY ARTICULATE) but Lyle would interject saying, she is the judge wearing the robe and told the Defendant’s that they need to stop listening to people with no law degrees reading the internet, but asked the Respondents for a copy of their argument they were articulating from but later told them that their pleadings don’t make sense.(Court Transcripts would reflect she never should have been a judge)

J-      That judge Derico’s Court Order states, On September 23, 2022, this Court ruled that it no longer had jurisdiction to rule on the matter so the Motion (s) were stricken, (this court again acted on the premise that Judge Lyle was TRUTHFUL) but Defendant filed a timely Motion RESPONDENT’S EMERGENCY MOTION FOR RECONSIDERATION VACATE (September 23rd 2022) ORDER DUE TO “MORTGAGE FRAUD” “CRIMINAL ENTERPRISE CONSPIRACY” “RULE TO SHOW CAUSE” WARRANTING THE STATE POLICE TO REMAND “PRIVATE CITIZEN FREDRENNA LYLE AND ALL ATTORNEYS COMPLICIT IN THIS “ORGANIZED CRIMINAL CONSPIRACY W/ BODY ATTACHEMENT INTO CUSTODY INSTANTER w/AFFIDAVIT (Filed Sept. 29, 2022)

 

K-    That the September 23, 2022 COURT ORDER is VOID A NULLITY and judge Derico has been DECEIVED & induced to act on Court Orders of a Nullity/Void entered by Judge Lyle.

 

L-     That if Judge Derico was to ignore and attempt to go along with everything “Private Citizen” Lyle did makes him now a co-conspirator to this Mortgage Foreclosure Criminal Conspiracy---EACH BLACK JUDGE FAILS TO REALIZE, that all BANK ATTORNEYS HAVE ADMITTED TO ALL CRIMES.  

 

M-  That every court order judge Lyle has signed is that of a NULLITY/VOID.   

 

That “Private Citizen” Freddrenna Lyle used her robe to unlawfully engage in a plethora of criminal acts by unlawfully by signing off on court orders where she repeatedly  violated her oaths and Canon Ethics by using her judicial authority to help steal homes in the guise as illegal foreclosures.

 

11.)      FACT: Freddrenna Lyle has on numerous occasions justified her criminal actions citing she had judicial discretion, in that on March

 

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      15, 2022, she signed a UNLAWFUL court order attempting an ILLEGAL SALE, thereby CORROBORRATING her role as an active conspirator validating being REMANDED by the STATE POLICE into custody Instanter;


12.)      FACT: That Freddrenna Lyle entertained Respondent’s Motion Striking/Objecting et al (filed April 25, 2022) and Summary Judgment et al. (filed June 2, 2022)

a.       That on June 21, 2022, hereto attached, Briefing Schedule Order, said judge is trying to pretend said Hearing never took place only the actual court order endorsed is in the record.

 

b.      That pursuant to the above-mentioned Court Order, Potestivo & Assocs. Via Bryan H. Thompson filed a frivolous Reply as compliance to the unlawful Court Order.

 

c.       Plaintiff filed their Reply Plaintiff’ Response to Monzella Y. Johnson et al. June 24, 2022 four days before the due date of June 28, 2022.

 

d.      Respondent answered and their Response was (filed June 30, 2022) twelve days before the due date of July 12, 2022,

 

e.       Lyle is making it clear to everyone reading this document as long as her crimes are perpetrated on Black or Brown parties nobody in the Democratic Machine is going to admonish or prosecute her because BLACKLIVESDONTMATTER to SENIORS OR ANYONE STANDING UP TO THE POLITICAL MACHINE, this is how Anglo-Saxons or other alleged “White Nationalists” Banks profit off Black and Brown people in prolonged frivolous litigations wearing them down financially.

 

f.        That US Bank Attorneys have been able to feed their families and profit off of the Ku Klux Klan style of Injustices originally seen in the South under Jim Crow for now 16 years off of these criminal civil rights acts.

 

13.)      That because the law firm admitted to the veracity of all assertions recorded in their pleadings and nobody attempted to defend Judge Lyle in any manner prompted her to further advance her crimes in said criminal conspiracies by STRIKING the August 3, 2022 Hearing at 11 am.

 

14.)       That Freddrenna Lyle continued the matter to August 5, at 10:30 am and never at any time announced she had no jurisdiction, 


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      Respondent had to file a Motion for Presiding Judge Sophia Hall who is a member of the Judicial Council, Lyle has every Black judge afraid of her so a Caucasian or Hispanic person outside of Cook County have to preside over this case because the Blacks have CORROBORRATED their impotent authority over alleged White Nationalists, or Political Elites connected to the Political Machine.

 

15.)      That Plaintiffs having admitted to all facts recorded in said Respondent’s pleadings Lyle used her judicial robe to OBSTRUCT JUSTICE and aid and abet with the lawyers at Potestivo law firm by unlawfully granting them every court order they have requested .

 

N-     That Par D, Plaintiff’s Response to Defendant’s Monzella Y. Johnson’s Motion Striking/Objecting Approving Sale (Court Order Being a Void/Nullity)  is Plaintiff’s  admission to all of Defendant’s Pleadings, they never DENIED or OBJECTED to any off the properly asserted pleadings accompanied with an Affidavit. Hereto attached as Gr Ex F

 

O-    That Par E will be Re Noticed, upon Court Order  Respondent’s Motion for Summary Judgment and Motion Pursuant to all State of Illinois and Federal Rules of Civil Procedure w/Affidavit seeking $33 Million Dollars for the number of years they have been frivolously before the courts FRAUDULENTLY 14 YEARS. Hereto attached as Gr Ex C

                 That Pages 2-3 unequivocally articulates veracity and the rules governing the ignoring a Summary Judgment and how a Party admits to all Pleadings by failing to respond.

 

“Cook County Judges have been Indicted and Convicted for Corruption and “Fixing” cases in Greylord but Political Machine Judges are ignoring the crimes due to Defendant being female African Americans complaining not an Anglo-Saxon person complaining of their home being illegally foreclosed upon., 

 

a.       That  because of Judge Lyle’s involvement and other prominent corrupt attorneys intertwined in said Domestic Terrorist Conspiracy said Judge used her position and authority making sure no HEARING was had May 16, 2022 at 10:30 am.

 

b.      That Plaintiffs hired several multi- million-dollar law firms trying to save them and the end result was the same even with so many individuals engaging in Terrorist Acts, they have admitted to every PLEADING in Gr Ex A.

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That Channel 2 Dorothy Tucker bravely exposed the mismanagement and unethical practices of a BLACK BANK Complaints mount against practices at Chicago's last Black-owned bank

46,339 views May 26, 2022 GN Bank stands alone in Illinois as the last Black-owned bank in the state, but it stands out for other reasons too. Customers are complaining about problems they're having with the bank. CBS 2 Investigator Dorothy Tucker reports.

c.       GN Bank https://youtu.be/qLPXBhQD_B8

 

d.      The Media has demonstrated an obvious Disparate media coverage based on the ethnicity of the offenders, where banking officials are concerned, or other irregularities, illegal foreclosures etc. or crimes of judges protecting these white banks as they are destroying the Colored Communities in the same manner as the aforementioned bank are concerned no reporter ever investigated or questioned the numerous unlawful acts noted for the last 16 years due to the ethnicity of the parties involved fighting corrupt Politically connected Anglo-Saxon banks.


e.       That not since 1919 the famous race riot in Chicago where violence was perpetrated on Black People and the Police aided the rioters against the Blacks as their homes were BOMBED and DESTROYED #JudicialCorruption in Chicago, Illinois how to fix cases:  THE HATE AND VIOLENCE ON COLORED PEOPLE ARE BEING... https://unlawful1.blogspot.com/2022/05/hate-and-violence-on-colored-people-are.html?spref=tw

 

f.        That same HATE is still being practiced and ENFORCED even with Black Judges or Mayors they are IMPOTENT in authority as many can see the violence and racism has not changed with Colored People in authority it is still worse in this era Hateful White and Black Judges are working against any person color seeking justice in this RACIST CITY.

  

16.) The Local Rules provide detailed instructions as to how litigants should approach their summary judgment motions and responses. Local Rule 56.1(a) provides that a motion for summary must include a "statement of material facts as to which the moving party contends 

                                                        Page 18

there is no genuine issue and that entitle the moving party to a judgment as a matter of law."

            This statement of material facts "shall consist of short numbered paragraphs,    including within each paragraph specific references to the affidavits, parts of the record, and other supporting materials relied upon to support the facts set forth in that paragraph." Part (b) of Local Rule 56.1 requires a party opposing summary for judgment to file a concise response to the movant's statement of material facts. That statement is required to include a response to each numbered paragraph in the moving party's statement, including in the case of any disagreement, "specific references to the affidavits, parts of the record, and other supporting materials relied upon." The rule is very clear that "all material facts set forth in the statement required of the moving party will be deemed admitted unless controverted by the statement of the opposing party." Local Rule 56.1(b)(3)(B).

 

In the matter of Raymond, 442 F. 3d at 606. (7th Cir. 2013) )  The Court, nevertheless, is concerned and considers the prejudice to Plaintiff for Plaintiff’s counsel’s failure, particularly because cases should be decided on their merits. Certainly, the failure to file a response to a summary judgment motion can be fatal. See, e.g., id at 611.

 

17.)      That Par F be Re Noticed upon Court Order Respondent’s Reply Motion Striking Petitioner’s Response Motion To Monzella Y. Johnson’s Motion Striking/Objecting Approving Sale (Court Order Being A Void/Nullity) And Distribution et al.  Hereto attached as Gr Ex D

                     That Pars 4-10 of Pages 14-16 of the aforementioned concur and validate the veracity of how Black judges act as “Private Citizens” trying to save corrupt white attorneys.

 

18.)      That attorney Bryan G. Thompson is attempting to do what attorney Alexander B. Potestivo could not do and refused to get involved; moreover, Potestivo’ top litigator Artapong Sriratana allegedly left the firm and what Mal Poulami wisely stepped back from completing, but it is a little too late, that is continue to engage in Terrorist Fraudulent Acts of Mortgage Fraud thinking Lyle can protect them.

 

19.)      That allegedly ASSOCIATE JUDGE FREDRENNA LYLE was originally assigned to Calendar 56 because no Caucasian Judge was going to attempt to ENGAGE in ACTS of FRAUD for US BANK or any of its parties in unlawfully foreclosing on the Johnson sister’s home;

 

a.          

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  “Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the Supreme Law of the Land. The judge is engaged in acts of treason. Having taken at least two, if not three oaths of office to support the Constitution of the United States, and the Constitution of the State of Illinois, any judge who has acted in violation of the Constitution is engaged in an act or acts of treason. If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888) he/she is without jurisdiction , and he/she has engaged in an act or acts of treason.”     

 

 

Seventh Circuit Overturns $44.7 Million Jury Verdict Against City in Shooting Incident

  Wednesday, February 24, 2021    Julie Tappendorf

The Seventh Circuit Court of Appeals recently overturned a jury verdict against the City of Chicago awarding $44.7 million in damages relating to a shooting involving an off-duty police officer. First Midwest Bank as Guardian v. City of Chicago.

According to the court opinion, the plaintiff claimed that a Chicago police officer shot his friend during an argument when the two had been drinking. The friend suffered traumatic brain and other injuries. The friend sued the City of Chicago seeking damages for the shooting, arguing that the City was responsible for the officer's conduct. Specifically, the plaintiff claimed that the City's failure to have an "early warning system" to identify officers who might engage in misconduct, failure to adequately investigate and discipline officers who engage in misconduct, and the "code of silence" among police officers contributed to the shooting incident. The City argued that the officer was off duty and not acting under "color of state law" at the time of the shooting, so the City was not liable under Section 1983 of the Civil Rights Act. The case made its way to a jury which found the City of Chicago liable and awarded $44.7 million in damages to the plaintiff. The jury found that two of the City's policies - its failure to maintain an adequate early warning system and failure to adequately investigate and discipline officers - caused the officer to shoot his friend. 

The City appealed to the Seventh Circuit Court of Appeals, which reversed the jury verdict and award. The appeals court found that although the injuries suffered by plaintiff from the shooting incident were grievous, the City was not responsible for the officer's actions, where the officer was acting as a private citizen and not as a City police officer. The Seventh Circuit noted that Section 1983 imposes liability only when a municipality has violated a federal right. Since none of the plaintiff's federal rights were violated, the court of appeals overturned the jury verdict against the City of Chicago.                   

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                                                 AFFIDAVIT

 

STATE OF ILLINOIS )

                                        )

COUNTY OF COOK   )

 

I Monzella Y. Johnson Pro Se being duly sworn on oath states the aforementioned pleadings enumerated within said motion pursuant to 735 1265 5/1-109, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters, the undersigned certifies as aforesaid that she verily believes the same to be true.

 

Respectfully Submitted                                                         Notary

                                                                       

____________________

Monzella Y. Johnson

 

Chicago, Il 60615

 

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