THESE ARE SENIOR WOMEN AND NOBODY SEES THE INJUSTICE PERPETRATED ON THE WEAK, PERSONS OF FOREIGN DECENT OR COLOR AND THE ELDERLY, AND INDEPENDENT WHITES.
RETWEET THIS POST TO EVERYONE SUPPORTING THESE WOMEN! TO ALL OF MY TWITTER FRIENDS .
SOMEONE IN DOROTHY BROWNS CLERKS OFFICE WENT ON THE DATABASE AND REMOVED DUTTON, BARBARA J 10325 W LINCOLN HWY, FRANKFORT IL 60423 WHERE MORTGAGE ELECTRONIC REGIS WAS THE ONLY ORIGINAL PLAINTIFF RECORDED IN 2008 WHERE THEY NEVER FILED APPEARANCES IN COURT
THEY ADDED ATTORNEY ROBERTS WUTSCHER, LLP 105 WEST MADISON, ST 210 CHICAGO, IL 60602 AND ADDED US BANK AS A PLAINTIFF IN 2016 HE NEVER FILED AN APPEARANCE UNTIL APRIL 7, 2009
COURT DATE IS NOVEMBER 3 AT 9:00 AM IN FEDERAL COURT BEFORE JUDGE SAMUEL DER-YEGHIAYAN HE IS GOING TO SEE HOW JUDGES IN COOK COUNTY ALLOW CORRUPTION MAYHEM CHAOS COME BEFORE THEM AS MANY CRIMINALS ENGAGING IN WHITE COLLAR CRIMES AND CIVIL RIGHTS VIOLATIONS ATE GIVEN A PASS BASED UPON THE COLOR OF YOUR SKIN AND POLITICAL AFFILIATIONS.
IF ANYONE OWNS A HOME OR IS EXPERIENCING SOME TYPE OF INJUSTICE IN THEIR FORECLOSURE PROCEEDING THIS IS A MUST READ!
IN THE
UNITED STATES
DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF
ILLINOIS
EASTERN DIVISION
NEW CENTURY MORTGAGE CORPORATION;
U.S. BANK N.A. AS TRUSTEE FOR SECURITIZED TRUST MASTR ASSET BACKED SECURITIES
TRUST 2006-NC3; UBS REAL ESTATE SECURITIES INC.; MORTGAGE ASSET
SECURITIZATION TRANSACTIONS, INC.; WELLS FARGO BANK, N.A.; MORTGAGE
ELECTRONIC REGISTRATION SYSTEM, AKA “MERS” AND DOES 1 THROUGH 100, INCLUSIVE
Plaintiffs,
MONZELLA JOHNSON
Defendant. |
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______________________
Hon. Samuel
Der-Yeghiayan
Magistrate M.
David
Weisman
Civil Action No.
16-cv- 08628
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NOTICE OF MOTION
OBJECTING PLAINTIFF’S MOTION FOR REMAND DUE TO FRAUD & MISREPRESENTATIONS
TO THE COURT
NOW COMES
the Removing Party, MONZELLA JOHNSON (“Defendant”), hereby properly Noticing
the Plaintiff’s with this Motion and all of its attachments to all parties
Noticed in the Certificate of Service {Pursuant to Fed Rules of Civil
Procedures}:
That on November 3, 2016, Defendant shall
present this Motion at 9:00 am before Honorable Samuel Der-Yeghiayan or any
judge sitting in his stead in room 1903, 219 S. Dearborn Street, Chicago, IL.
60604
Respectfully Submitted,
_________________________
Monzella
Y. Johnson
5217 S. Ingleside
IN THE
UNITED STATES
DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF
ILLINOIS
EASTERN DIVISION
NEW CENTURY MORTGAGE CORPORATION;
U.S. BANK N.A. AS TRUSTEE FOR SECURITIZED TRUST MASTR ASSET BACKED SECURITIES
TRUST 2006-NC3; UBS REAL ESTATE SECURITIES INC.; MORTGAGE ASSET
SECURITIZATION TRANSACTIONS, INC.; WELLS FARGO BANK, N.A.; MORTGAGE
ELECTRONIC REGISTRATION SYSTEM, AKA “MERS” AND DOES 1 THROUGH 100, INCLUSIVE
Plaintiffs,
MONZELLA JOHNSON
Defendant. |
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______________________
Hon. Samuel
Der-Yeghiayan
Magistrate M.
David
Weisman
Civil Action No.
16-cv- 08628
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MOTION OBJECTING PLAINTIFF’S MOTION FOR REMAND
DUE TO FRAUD & MISREPRESENTATIONS TO THE COURT
NOW COMES
the Removing Party, MONZELLA Y JOHNSON (“Defendant”), hereby respectfully Moves
this court with corroboration and affidavit her Motion Objecting Plaintiffs
Motion for Remand due to “Fraud” & Misrepresentations to the court with all
attachments {Pursuant to Fed Rules of Civil Procedures}:
Respectfully
submitted,
_________________________
Monzella Y. Johnson
5217 S. Ingleside Ave.
Chicago, IL. 60615
That
because the Illinois Court system is Rigged with Corruption and Politics is all
the reason why this case should never be Remanded back to the Circuit Court due
to the foregoing violations:
Ethics
All Illinois
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;
(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;
1.) That counsel failed to inform the court that all plaintiffs
have not objected or denied any of the factual assertions properly plead in the
Circuit Court Ref as Gr Ex A of the Petition for Removal,
Page 2, Par. 1 “That on June 7,
2010, Judge Gillespie entered an order—“The court on it’s own motion vacates
the judgment of foreclosure for lack of proper affidavit et al.”
A-
That the court order Ref as Ex B was never signed pursuant to Supreme Court Rule 272 requiring court orders be signed.
2.)
That counsel failed to
inform the court that the attorneys on behalf of the Plaintiffs were participating in an “Organized
Conspiracy” Ref as Gr Ex C from the Petition for
Removal, Def. filed a Motion
Striking & Objecting Plaintiff’s complaint due to “Fraud” and Barred by 5
year Statute of Limitation 735 ILCS 5/13-205 w/Affidavit;
A-
That Par II of Gr Ex C is consistent with Plaintiffs Motion to remand Par II, which validates the verity that
the Defendants have been truthful in all of its pleadings;
B-
That Par. III in its entirety states, “Plaintiff’s
never challenged or attempted to vacate the courts order vacating the June 7,
2010 Foreclosure judgment, pursuant to 735 ILCS 5/21301 et al.”
C- That Par. IV
states, “That the Plaintiffs had a number
of attorneys to appear before the court Inducing Reliance without filing appearances in an attempt to bully and
intimidate the defendants et al”
D-
3.)
That Defendants filed
a Response Motion Ref as Gr Ex D, To Impose Sanctions due to
“Fraud” on the Courts pursuant to Supreme Court Rule 137 w/Affidavit;
A- That Par III
states, “that the attorneys in this
matter pursuant to Motion for Reconsideration et al. and Motion Striking et al.
filed by the Defendants articulates the mayhem and Corruption that has been
endured by attorneys using their legal wit to engage in an elaborate criminal
conspiracy trying to steal their home”
4.)
That one can infer from the Motion to Remand
that this matter is obviously before the wrong judge and definitely wrong
federal court; nevertheless, counsel is attempting to Induce Reliance on this
Honorable Court by finagling a remand back to the Circuit courts where they
control the judges and the verdicts to continuously harass and intimidate the
Defendants and steal their home;
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.
5.)
That in spite of the
aforementioned legal precedents recorded within, Circuit Court politically
appointed judges ignored all of defendants pleadings arguments and affidavits
and Denied every Motion against the Manifest Weight of the Evidence
demonstrating the courts are rigged against the innocent and the just;
6.)
That the Defendants
are retired Civil servants from respected positions within the City of Chicago
and this is the methodology how these corrupt individuals use their influence
and legal wit to take and steal from hard working individuals.
7.)
That the Defendants
have been forced to spend and deplete their savings and earnings to defend
against the frivolous litigations lodged at them by said individuals “organized
in this conspiracy” trying to steal their home in the guise as a foreclosure.
8.)
That Ex 1, demonstrates how a Rigged Court
system ruined an innocent man’s life of 29 years, innocent men have been
incarcerated by this same type of rigged system for this many years and later
been deemed innocent, he has yet to see justice and now we are unlawfully
enduring the same injustice perpetrated in Ex
1, now it‘s 2016 beyond the statute of limitations depleting everything we
have earned to finance corrupt white men’s lives at this rate, we would be
homeless and broke demonstrating unequivocally Jim Crow laws still exist in Illinois and is not outlawed in
accordance to the United States Supreme Court Laws;
9.)
That Defendants are
not an isolated case where a single judge committed an error, in that hereto
attached, Group Ex 1, Petition for Review filed (Oct 18, 2016)
before the Judicial Council in the Court of Appeals demonstrating
unequivocally that Pro Se litigants cannot receive justice or Equal Protection
of the Laws in State Courts and apparently before certain Federal judges;
10.)
That so many attorneys
are arrogant and contemptuous violating the laws because it is such a norm in
State Courts they don’t feel no judge will ever admonish any of them or impose
any type of Sanction on them because persons of color are not deemed citizens
of merit or equal in Illinois, in that Ex
1 validates this verity as a fact!
A-
To further validate
the verity of the above, Defendant properly Noticed the Clerk of the Circuit
Court of the filing of the Notice of Removal filed in Federal Court (September
2, 2016)
B-
Said Law Firm
Postestivo & Assc. Along with a person(s) conspired with a Clerk in the
Circuit Court, hereto attached, Ex 2
an unlawful publication of Defendant’s property placed in three Circuit Court
envelopes from Clerk of the Circuit Court Dorothy Brown Ref as Ex 3, 4;
C-
That it is clear from the aforementioned, that
attorneys do not comply with judges directives they circumvent any and all laws
to achieve any unlawful endeavor demonstrated in this matter and expects this
Honorable Court to adhere to all unlawful acts and continuously deny the
Defendants because of their skin color and age, one can infer because they are
seniors, they
D-
will not be able to maintain the necessary
resolve to fight and keep their home;
WHEREFORE
DEFENDANT PRAYS that this Court Object to
Plaintiffs Motion in its entirety:
2.) For an Order imposing Sanctions reimbursing to
Defendant all costs and fees for the enforcement of this matter;
3.) For an Order of Sanctions Remanding any and all parties
complicit in this “Organized Conspiracy” stealing Defendants home;
4.) For the entry of
an Order awarding to your Defendant for such other relief and any other relief
necessary as equity may require of which this court may deem overwhelmingly
just;
Finally,
this Motion is best closed by a jurist who has stated”;
Citing Canon 2A the court noted, “[a] court’s indifference to clearly stated
rules breeds disrespect for and discontent with our justice system. Government
can not demand respect of the laws by its citizens when its tribunals ignore
those very same laws”)
Federal
Court FEDERAL JUDGE GETTLEMAN:
stated, Tuesday March 10, 2009, where he found Superintendent of police Jody
Weiss in Contempt of Court and Ordered the City to Pay $100,000.00, “No
one is above the Law”, he cited a 1928 decision by Supreme Court
Justice Louis Brandeis, that said, “If the Government becomes the law breaker,
it breeds Contempt for the Law, It invites everyman to become a law unto
himself. It invites Anarchy.”
The Chicago Daily Law Bulletin, Wednesday April 26, 2006, Page
1, Illinois Political Machines help breed corruption, Associated Press
writer Deanna Bellandi states, “Illinois is apparently a Petri dish for
corruption. It is a real breeding ground”.
That Chicago is the most Corrupt City in America,
Huffington Post, Internet Newspaper, February 23, 2012; University of Illinois
Professor Dick Simpson, “The two worst crime zones in Illinois are the
governor’s mansion…..and the City Council Chambers in Chicago.” Simpson a
former Chicago Alderman told the AP “no other State can match us.”
Respectfully submitted,
_________________________
Monzella Y. Johnson
5217 S. Ingleside Ave.
Chicago, IL. 60615
CERTIFICATE OF SERVICE
I Monzella
Johnson, certify that on October 31, 2016, I have caused proper service to be
had on all Plaintiff’s via personally delivery.
To:
Dir. James Comey, FBI Washington D.C.
FBI Michael J. Anderson 2111 West
Roosevelt Road, Chicago, Ill. 60612
US Attorney, Zachary T. Fardon 219 S. Dearborn, Suite 500
Locke Lord LLP Attn:
Simon M. Feng
111 South
Wacker Drive
Chicago,
Il. 60606
Circuit Court of Cook
County, Dorothy Brown
50 West Washington,
Chicago, IL 60601
Postestivo
& Assc.
223 West Jackson Blvd. Suite 610
Chicago, Illinois 60606
PLEASE BE ADVISED that on October 31, 2016 a Notice of Motion
Objecting Plaintiffs Motion for Remand has been filed in the Northern District
of Illinois Federal Court.
Respectfully submitted,
_________________________
Monzella Y. Johnson
5217 S. Ingleside Ave.
Chicago, IL. 60615
IN THE
UNITED STATES
DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF
ILLINOIS
EASTERN DIVISION
U.S. Bank
National Association, As Trustee Under)
Pooling
and Servicing Agreement Dated as of
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December
1, 2006 Mastr Asset–Backed Securities )
Trust
2006-NC3 Mortgage Pass-Through
)
Certificates,
Series 2006-NC3
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Petitioner
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V.
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Monzella
Y. Johnson, A/K/A Monzella
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Johnson; Marcia E. Johnson A/K/A Marcia )
Johnson: Mortgage Electronic Registration )
Systems,
Inc. As Nominee for New Century
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Mortgage
Corporation; Monzella Y. Johnson
)
( C )
Cestui Que Trust; Discover Bank; )
Unknown
Owners and Non-Record Claimants, )
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Respondents
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AFFIDAVIT
I Monzella Y. Johnson, files herewith her
affidavit as required by Title 28, United States Code:
I Monzella Y. Johnson Pro Se being duly sworn
on oath states that, I have caused the aforementioned
Notice and Motion Objecting Plaintiffs Remand, to the noted Plaintiffs via hand
delivery Oct. 31, 2016, 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 he
verily believes the same to be true.
Respectfully Submitted
Notary
____________________
Monzella Y. Johnson
5217 S. Ingleside. Ave
Chicago, Il 60615
773 835-5849
