TAKE A LOOK AT HOW WHITE RACIST NATIONALIST CONTROLLING THE DEMOCRATIC PARTY ONLY APPOINT, ENDORSE AND EMPLOY CERTAIN COLORED INDIVIDUALS TO THE PARTY WHO ARE INFERIOR, LACK INTEGRITY AND WILL JEOPARDIZE THEIR LIVES OR CAREERS FOR MEMBERS OF THE DEMOCRATIC MACHINE.
THIS CASE INVOLVES TWO RETIRED ELDERLY CIVIL SERVANTS TENDERING TO THEIR MOM AS A BANK WITH THE ASSISTANCE OF CROOKED JUDGES AND ATTORNEYS UNLAWFULLY TRY AND STEAL THEIR HOME IN HYDE PARK.
EVERY WHITE ATTORNEY INVOLVED IN THIS SCHEME KNOWS THAT BLACK AND HISPANIC JUDGES ARE LIKE PUPPETS ONLY DO WHAT THEY ARE TOLD AND ARE ORDERED TO CLOSE THEIR EYES TO WHATEVER OF INJUSTICE PERPETRATED AT INNOCENT PEOPLE OF COLOR.
THESE SISTERS HAVE ENDURED YEARS OF TORMENT AND RACIAL TERRORISM BY THE DEMOCRATIC CONTROLLED LEGAL SYSTEM AS JUDGES ARE SYSTEMATICALLY ALLOWING CORRUPTION IN THEIR COURTS AS ATTORNEYS ARE TRYING AND IN MANY CASES BEEN SUCCESSFUL STEALING LEGITIMATE HOMES FROM HARD WORKING UNITED STATES CITIZENS, ILLINOIS RESIDENTS BY FALSIFYING ANY AND EVERY DOCUMENT NECESSARY TO JUSTIFY THEIR UNLAWFUL ACTS.
TO THINK THE ONLY TIME A COLORED PERSONS VOTE IS IMPORTANT TO THE DEMOCRATIC PARTY IS WHEN REPUBLICANS SEEMS TO THREATEN THEIR POWER BASE.
IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY
DEPARTMENT--CHANCERY 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
) Case # 2008 CH 33616
Certificates,
Series 2006-NC3
)
Petitioner
)
)
V.
) Judge Freddrenna
Lyles
)
)
) Room 2808
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, )
)
Respondents
)
RESPONDENT’S
MOTION OBJECTING TO RESPONDENT’S MOTION DUE TO FRAUD ON THE COURT AND JUDGE
HAVING NO JURISDICTION TRESPASSING UPON THE LAWS MAKING ALL ORDERS A NULLITY
AFTER CIRCUIT COURT ENTERED ORDER ENTERED ON JUNE 7, 2010 w/AFFIDAVIT
Now
comes Petitioner, Monzella Y. Johnson et al. being represented Pro Se in this
cause respectfully represents to this court the reasons and files herewith her
Affidavit in support of Respondent’s Motion and Objection to the Order entered
on May 25, 2016;
Respectfully
Submitted,
__________________________
Monzella Y. Johnson, Pro Se
.
Ingleside Ave
Chicago, Il 60615
773 835-5849
1.
That on June 7, 2010, Judge
Gillespie entered an Order “The court
on its own motion vacates the judgment of foreclosure for lack of a proper
affidavit in support et al” hereto attached, Gr Ex A.
2.
That Reliance was in fact Induced upon this court, in that Defendant
filed a Notice of Appeal June 14, 2010;
3.
Defendant never received Notice
or knowledge of any
motions filed before the Circuit Court of Chancery during the interim of when
the Appeal was in fact filed;
4.
August 30, 2010, Barbara Dutton, Roberts Wutscher, LLP filed
Amended Petitions and Notices of Motion;
5.
That Judge Gillespie issue orders per information on the Cook
County database, September 8, 2010;
6.
That attorney Barbara Dutton appeared before Judge Liu Laura
Cha-Yu, June 28, 2011, withdrawing from the case;
7.
That attorney Potestivo & Associates filed an appearance
A- That on
July 29, 2011, a Stay of Execution was entered by Judge Liu Laura Cha-Yu;
8.
That Judge Michael Tully Muller struck the case from the
management call allowed, June 10, 2013;
9.
That the case was mysteriously set back on the management call
Oct. 2, 2014 by Judge Meyerson;
10. That
the case was struck from the management call Nov. 7, 2014 by Judge Meyerson
allowed;
11.
That Pierce & Assc. Filed motions May 28, 2014 to appear in
court June 22, 2015 at 2:30, never appeared in court;
12. That
Potestivo & Assc. Filed motions and Amended pleadings appeared before judge
Meyerson May 25, 2016 who surprisingly allowed the motion;
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.
13. That
Plaintiff’s never filed any Motions Vacating said June 7, 2010 Court Order nor
did they file a Notice of Appeal in a timely manner but relied on Democratic
judges to violate the oath of their duties by “Trespassing upon the Laws”
engaging in “Treason”.
14. That
said Plaintiff filed a Horrendous Motion filled with “Fraudulent” assertions demonstrating
certain Democratic judges are members of the Criminal Enterprise in Cook County
and is willing to honor any unlawful motion put before there court.
A- “The Seventh Circuit Court of Appeals held
that the Circuit Court of Cook County
is a criminal enterprise. U.S.
v. Murphy, 768 F.2d 1518,
1531 (7th Cir. 1985)”.
15. Plaintiff in their aforementioned motion is
demonstrating the control and influence they have on said judge by preparing a
motion seeking to unlawfully Vacate Court Orders that is already a “Nullity”
A- “Our office was made aware that the file
had been placed on hold after the judgment had already been entered”
B-
“On
December 6, 2018, Judgment of Foreclosure and Sale was entered in this matter”
- 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)
Under Federal law which is
applicable to all states, the U.S. Supreme Court stated that if a court is
"without authority, its judgments and orders are regarded as nullities.
They are not voidable, but simply void; and form no bar to a recovery sought,
even prior to a reversal in opposition to them. They constitute no
justification; and all persons concerned in executing such judgments or
sentences, are considered, in law, as trespassers." Elliot
v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)
The Illinois Supreme Court held
that if a court "could not hear the matter upon the jurisdictional paper
presented, its finding that it had the power can add nothing to its authority,
- it, had no authority to make that finding." The People v.
Brewer, 128 Ill. 472, 483 (1928). The judges listed below had no
legal authority (jurisdiction) to hear or rule on certain matters before them.
They acted without any jurisdiction.
When judges act when they do not have jurisdiction to act, or they
enforce a void order (an order issued by a judge without jurisdiction), they
become trespassers of the law, and are engaged in treason.
17. That
Democratic judges in Cook County have demonstrated their roles as active
criminal trespassers of the laws engaging in “Terrorist Acts” as they try to
steal innocent law abiding United States citizen’s homes.
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.
18. That pursuant to the aforementioned legal precedent
hereto attached, Gr Ex A, Motion to Reinstate case due to Democratic
Judges/Attorneys Trespassing upon the Laws Committing Treason Acting as Private
Citizens making the District Court Order “Void” a “Nullity” (filed September 19, 2018) before Hon
Charles R. Norgle, Sr.
19. Hereto attached,
Gr Ex B, Motion to Supplement Motion
that Corroborates Democratic Judges engaging in an Active “Organized Conspiracy” “Fraud” & “Corruption” in
Cook County Courts w/ Affidavit.
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.
13.)
FOR THE RECORD:
Counsel Pro Se filed impressive Motions in
Federal Court to Supplement and Reinstate Complaint not one attorney have filed
any objections or denied the assertions put before the courts validating the
verity of attorneys and certain judges engaging in criminal acts stealing
innocent defendant’s homes.
U. S Sup Court Digest 24(1) General Conspiracy
U.S. 2003. Essence of a conspiracy is an agreement to commit an unlawful
act.—U.S. v. Jimenez Recio, 123 S. Ct. 819, 537 U.S. 270, 154 L.Ed.2d 744, on
remand 371F.3d 1093
Agreement to commit an
unlawful act, which constitutes the essence of a conspiracy, is a distinct evil
that exist and be punished whether or not the substantive crime ensues.-Id.
Conspiracy poses a threat
to the public over and above the threat of the commission of the relevant
substantive crime, both because the combination in crime makes more likely the
commission of other crimes and because it decreases the part from their path of
criminality.-Id.
CONSPIRACY
Fraud maybe inferred from nature of acts complained of,
individual and collective interest of alleged conspirators, situation,
intimacy, and relation of parties at time of commission of acts, and generally
all circumstances preceding and attending culmination of claimed conspiracy Illinois Rockford
Corp. V. Kulp, 1968, 242 N.E. 2d 228, 41 ILL. 2d 215.
Conspirators to be guilty of
offense need not have entered into 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. 63
Supreme Court Rule [137]
provides in pertinent part:
If a pleading, motion, or
other paper is signed in violation of this Rule, the court, upon motion or upon
its own initiative, may impose upon the person who signed it, a represented
party, or both, an appropriate sanction, which may include an order to pay to
the other party or parties the amount of reasonable expenses incurred because
of the filling of the pleading, motion, or other paper, including a reasonable
attorney fee. Not only will the courts consider an award of sanctions for
active false statements: failures to disclose material facts to the court can
also justify an award of sanctions.
BRUBAKKEN v. Morrison, No. 1-9-1670, 1992 Ill App. LEXIS 2144 (1st Dist. Dec. 30, 1992).
Additionally, the fact that a false statement or omission is the result of an
honest mistake is no defense to entry of a sanction. ID. To the extent that an
individual lawyer has engaged in sanctionable conduct, that lawyer’s firm can
also be jointly and severally liable with the lawyer.
In that every attorney has
properly admitted to every assertion Counsel has properly presented in all
Affidavits Complaints and Motions but some judges are still operating and
practicing under Jim Crow Laws.
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.”
Under
penalties as provided by law 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 he verily
believes the same to be true.
Respectfully submitted,
Monzella Y. Johnson, Pro Se
Ingleside Ave
Chicago, Il 60615
773
835-5849
WHEREFORE the aforementioned
reasons Defendant respectfully Prays for the Relief
1.
For an Order Imposing Sanctions on all attorneys who have made
a mockery out of the court Inducing Reliance and Sandbagging the courts against
Defendants;
2.
For an Order Vacating all Court Orders where judges Trespassed
upon the laws in favor of the Plaintiffs;
3.
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;
Respectfully Submitted,
Monzella Y. Johnson, Pro Se
. Ingleside Ave
Chicago, Il 60615
773 835-5849
IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY
DEPARTMENT--CHANCERY 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
) Case # 2008 CH 33616
Certificates,
Series 2006-NC3
)
Petitioner
)
)
V.
) Judge Freddrenna
Lyles
)
)
) Room 2808
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, )
)
Respondents
)
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 he
verily believes the same to be true.
Respectfully Submitted Notary
____________________
Monzella Y. Johnson
Ave
Chicago, Il 60615
773 835-5849
IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY
DEPARTMENT--CHANCERY 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
) Case # 2008 CH 33616
Certificates,
Series 2006-NC3
)
Petitioner
)
)
V.
) Judge Freddrenna
Lyles
)
)
) Room 2808
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, )
)
Respondents
)
NOTICE OF
RESPONDENT’S
MOTION OBJECTING TO RESPONDENT’S MOTION DUE TO FRAUD ON THE COURT AND JUDGE
HAVING NO JURISDICTION TRESPASSING UPON THE LAWS MAKING ALL ORDERS A NULLITY
AFTER CIRCUIT COURT ENTERED ORDER ENTERED ON JUNE 7, 2010 w/AFFIDAVIT
Certificate of Service
Please be
advised that on Oct 26, 2018, Defendant
has filed before this Circuit Court, Motion Objecting Plaintiff’s Motion et al;
and will present said legally sufficient instrument before Judge Lyles or any
Judge in her stead Oct 29, 2018 at 10:30 am in room 2808.
Potestivo & Ass., PC U. S. Attorney John R. Laush, Jr.
223 West Jackson, Blvd 219 S. Dearborn, 5th
Floor
Chicago, IL. 60606 Chicago, IL. 60604
Chicago, IL. 60606 Chicago, IL. 60604
CERTIFICATE
OF SERVICE
The
undersigned hereby certifies that the above notice and all attachments were
caused to be personally delivered, emailed or via facsimile or deposited in the
U.S. mail to the above parties at the addresses provided before 5:00 pm on Oct 26, 2018.
________________________
Respectfully Submitted,
Monzella Y. Johnson
S. Ingleside. Ave
Chicago, Il 60615
773 835-5849
