IN ILLINOIS COURTS MOST JUDGES DON'T HONOR THE OATH BUT MAKE RULINGS IN ACCORDANCE TO THEIR POLITICAL RACIAL FRATERNAL GUIDELINES.
IN OHIO A FORMER JUDGE TRACIE HUNTER HAD A JURY OF HER OWN PEERS WHERE SHE WAS FOUND GUILTY FOR JUDICIAL VIOLATIONS WHILE IN HER ROBE.
HERE IN ILLINOIS JUDGE LYLE AND SO MANY OTHER JUDGES LIKE HER, HAVE RACIST MEMBERS IN STATE AGENCIES USING THEIR POSITIONS TO PROTECT AND UPHOLD EGREGIOUS CORRUPTION, HATE AND RACISM IN THE COURTS.
BLACK ON BLACK CRIMES SEEMS TO BE INDIRECTLY ENCOURAGED AND INCITED, IN THAT, THIS IS WHAT MAKES THE NEWS AND SALE NEWSPAPERS IF YOU PICK UP THE NEWSPAPER THE FIRST PAGE TELLS YOU HOW MANY BLACKS WERE KILLED ON THE SOUTH OR WEST SIDE.
WELL THAT SAME MENTALITY IS ENCOURAGED IN THE COURTS BLACK AND BROWN JUDGES OF THE SAME MENTAL THUGGERY COMMIT THE SAME TYPE OF CRIMES, ON THE BENCH AID AND ASSISTING RACIST WHITEMEN IN THE POLITICAL MACHINE, BLACK AND BROWN JUDGES ARE LIKE POLITICAL ENFORCERS.
BLACK AND BROWN POLITICIANS GET ON TV AND TALK BLACK LIVES MATTER EQUALITY FOR EVERYBODY ESPECIALLY FOR THE GAY AND LESBIAN COMMUNITIES, BUT IN REALITY THEY ARE INDIRECTLY DISCRIMINATING HETEROSEXUALS AND OTHERS AFFECTED BY THE DISPARATE CONDITIONS WITHIN THE LAWS.
NOT ONE BLACK OR BROWN PERSON ESPECIALLY MAYOR LIGHTFOOT WHO IS A OUTSPOKEN GAY PERSON HAS OPENED THEIR MOUTHS TO DENOUNCE THE HATEFUL RACIST ACTS PERPETRATED IN THIS CASE WHERE RACISM AND NIGGERCISM IS PREVALENT.
BECAUSE ALLEGED RACIST AND ALLEGED MEN AND WOMEN WHO HAPPENS TO BE GAY OR LESBIAN ARE INTERTWINED IN THESE HEINOUS DEMONIC ACTS OF OVERT DISCRIMINATORY ACTS, THE PARTIES INVOLVED HAVE DONE EVERYTHING IN THEIR POWERS BY CLOSING THEIR EYES KEEPING THEIR MOUTHS SHUT, IN AN ATTEMPT TO PROTECT ALL FRATERNAL PARTIES CONNECTED AS INSURRECTIONIST.
AMERICA SAW THE WHITE SUPREMECISTS AS INSURRECTIONISTS AS THEY SEIZED THE WHITEHOUSE, HERE IN CHICAGO WE HAVE A DIFFERENT BREED OF INSURRECTIONISTS ACTING IN CONCERT AGAINST BLACK AND BROWN PEOPLE, AND THE ELDERLY.
WHICH FURTHER CORROBORATES WHY CHICAGO IS SO CORRUPT, AND DEMONSTRATES THE 14TH AMENDEMENT IS NOT APPLIED TO UNITED STATES CITIZENS BORN AND RAISED IN CHICAGO, ILLINOIS, AND THE NECESSARY STEPS, BLACK AND BROWN PEOPLE ARE WILLING TO DO, AND ARE DOING SUPPRESSING THE EQUAL PROTECTION OF THE LAWS TO HETEROSEXUALS OR ANYBODY WHO WON'T SUCCUMB TO POLITICAL OPPRESSION, OR WHO SPEAKS UP AGAINST RACISM IN THE COURTS OR ANYPLACE EG. CTA, POST OFFICE, CITY HALL, ETC.
#BLACKLIVESDONTMATTER
Former Judge Tracie Hunter dragged out of the courtroom, ordered to serv... https://youtu.be/Pg0XXhkt0gw via @YouTube
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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 )
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
for Disqualification et al;
1. That
Judge Lyle is demonstrating Untouchable Arrogance, in that, she has received an
email, hereto attached, properly demonstrating Motions had been Re Noticed for
the court date of Feb. 8th, at 10:30 am, she ignored every document
and accepted the Fraudulent Motion of Plaintiff’s Motion as a Summary Judgment;
2. That
Plaintiff’s never filed a Summary Judgment but because of Respondent’s skin
color Lyle is using her own skin color to aid and assist racist Bank attorneys
to steal said home and figures as long as her actions are perpetrated on women
or men of color her crimes will be excused;
3. That
Ex A email of Feb 3, 2021 detailing all documents sent to Judge Lyle and
so many other parties because of the color of our skin nobody responded or
addressed the HATE and CORRUPT JUDICIAL ACTS PERPETRATED BY LYLE AND THE
ATTORNEYS.
4. That
Ex B email of Feb 3, 2021 detailing all documents sent to Judge Lyle and so
many others, but an Email was finally sent from Chief Judge via Stephen M.
Brandt;
5. That
Ex C email of July 30, 2020, OFFICIAL COMPLAINT AGAINST LICENSE
ATTORNEYS STATE ATTORNEYS AS JUDGES WHO USES THEIR SKIN COLOR TO OPPRESS AND
DESTROY THEIR OWN ETHNIC GROUPS SO AS TO BE ACCEPTED BY THE DEMOCRATIC
POLITICAL MACHINE and a letter sent to Governor Pritzker and the FBI Special
Agent Emmerson Buie.
6. That
That Ex D email of Feb 22, 2021 seeking to ascertain the status of the
Executive Ethics Committee’s referral to the ARDC and Judicial Inquiry Board,
Althea k. Welsh claims they never received any referral despite providing an
email demonstrating otherwise.
7. That
Ex E email from a retired attorney advocate for African Immigrant Attorney
(Lanre Amu) who’s law license by the IARDC, had been SUSPENDED, where he had
Kangaroo Hearings, but Althea K. Welsh the same person who saw nothing the
racist Anglo-Saxon attorneys did in the 88 D 079012 Paternity case, when Joe
Louis Lawrence filed Complaints against Joseph V. Roddy and Robert Anthony Egan
where he was never served to appear in any court and never owed any child
support, where their was never any paternity tests, DISMISSED his CCOMPLAINT
saying she did not see any wrong doing on the part of the attorneys.
8. That it
is clear and convincing Chicago, Illinois has their own breed of Insurrectionists
in the courts and State Agencies and Judge Lyle seems to be relying on all
racist hateful Anglo-Saxon’s to come and save her.
9. That Plaintiffs
having admitted to all facts recorded in said Respondent’s Response Motion
Striking & Objecting Plaintiff’s Motion filed July 7, 2017 et al. via
affidavit;
A-
Court having no jurisdiction ignored Defendants valid Summary
Judgment demonstrating Prejudice and Bias behavior pursuant to S.H.A. 735 ILCS 5/2-----1001
(a) (3); Sup. Ct. Rule 63 (C) (1).
10. That
Judge Lyle realizing she would not be admonished or ridiculed for violating her
oath against women of color continuously demonstrated her role as that of a “Thug” in a robe allowed a
politically connected racist law firm Potestivo & Assoc. to unlawfully
corroborate with certain attorneys with U.S. Bank and others to try and steal
Defendant’s home disguised as an unlawful foreclosure.
11. That
the Appellate Court Fifth Division, judges Nathaniel Howse, Jr. now an Illinois
Sup. Ct. justice, Joseph Gordon and Epstein affirmed a decision (Nov 30, 2011) judge Gillespie
entered vacating the foreclosure 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.
12. That
Fredrenna Lyles became a law unto herself a “Private Citizen”
corroborated and demonstrated her role as an active Terrorist aiding and
abetting in the stealing of a Retired Police Officer’s and Retired Chicago
Board of Education, Educator’s home by accommodating and ruling in favor of
every unlawful document they have filed, in that she signed an Oct. 29, 2018
Court Order Vacating a Judgment Dec. 6,
2018.
13. That
Blacks in Chicago in the Democratic Party closes their eyes to the unlawful
mayhem many innocent or elderly men or women disenfranchised by whatever means
experienced in the legal system because they are now the new colored Ku Klux
Klan or puppets in the Democratic Machine.
14. That
the Defendants filed the proper Motion Objecting Respondent’s Motion et al.
Lyle did not have a Hearing and even when there was a Hearing, she ruled any
way she felt not in accordance to any laws in the books or rules.
15. That
the Defendants have spent the last 13 years as elderly women depleting their
savings fighting corruption Niggercism, racism trying to keep their home that
they respectfully earned laboring in the work place by putting her life on the
line protecting citizens of Chicago and educating children preparing them for
the future and this is what many can expect and look forward to living in
Democratic Corrupt City.
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
16. Chronology of Facts: That on July 28, 2017 Defendant’s appeared
before Judge Fredrenna Lyles where Postestivo & Assoc. were represented by
Shawn Beshant a female attorney;
A- Pursuant
to Group Ex A, (July 18, 2017
Notarized Transcript) Page 3, Lines 12-13, Judge Lyles stated, “Counsel, I have a response filed by the
defendants. And do you need time to reply?”
B- Pursuant
to Page 3, Line 14 Counsel asked, “Yes can we have 21 days?”
C- Pursuant
to Lines 15-21 Judge Lyles stated, “They filed a motion and you filed a
response, and because they were the ones who filed the motion, they get a
chance to reply to the things that you raised in your response. And so that’s
what we are doing this morning. August 8th would be the date that
the reply would be due.”
D-
Pursuant to Page
4, Lines 3-4 Judge Lyles stated,
“This will be the last pleading….et al.”
E-
Pursuant to Page
4, Lines 16-17 Defendant Marcia Johnson stated, “For the record we object to their motion for the record”
F-
Pursuant to Page
4, Lines 18-20, Judge Lyles stated, “I
certainly anticipated that, because I did have a chance to briefly look at your
response.”
G-
Pursuant to Page 4, Line 22-23, Judge Lyles stated,
“But they need to file a written reply”
H- That
judge Lyles gave specific reasons for said written reply, Page 5, Lines 1-6, she
stated, “For 2 reasons. One is because we
want to make sure we have a good record in case it goes up; and secondly,
because I have over 3,000 cases in total, and I can’t possibly be expected to
remember everything. So, I have to read it. Let’s have it in writing. Okay?”
17. That the
Plaintiffs failed to comply to the Judges court order never requested leave to
answer or respond later; thereby DEFAULTING
and Summary Judgment was properly filed and served upon the Plaintiffs in a
proper timely manner;
18. That the
Defendant’s properly filed said Notice of Motion for Summary Judgment due to
“Fraud” on the Court pursuant to Supreme Court Rule 137 on August 23, 2017 and
served upon Bryan at 12:50pm on Aug. 23, 2017 at the Law firm of Postestivo
& Assoc., by Joe Louis Lawrence;
19. That Page 2, of Respondent’s Motion for
Summary Judgment et al. is clear within the Preponderance of evidence legal
standard demonstrating how attorneys are trying to steal the Defendants homes
in the guise of “Foreclosure” hereto
attached;
20. That
Page 3, Par 6 of Respondent’s
Response Motion Striking & Objecting Plaintiff’s Motion for Entry of
Default judgment et al. states, That
the Plaintiffs are expecting this court to ignore the Defendant’s legal
affidavits and meritorious defenses and deny anything they submit due to their
skin color being African American and the fact they are Pro Se and continue to
abuse discretion of the court and enter orders void in nature;
A-
Motions for Reconsideration are designed to
bring to the court’s attention newly discovered evidence that was unavailable
at time of original hearing, changes in existing law, or errors in court’s
application of law. Continental Cas.
Co. v. Security Ins. Co. of Hartford, App. 1 Dist. 1996, 216 Ill. Dec. 314, 279
Ill. App. 3d 815, 665 N.E. 2d 374, appeal dismissed, et al.;
B-
The purpose of a Motion to Vacate is to alert
the trial court to errors it has made and to afford an opportunity for their
correction. In re Marriage of King, App.
1 Dist. 2002, 270 Ill. Dec. 540, 336 Ill. App. 3d 83, 783 N.E. 2d 115,
rehearing denied pending appeal; et al.
C-
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.
21. That
said Defendants as Pro Se litigants retired Police Officer and retired educator
from the Board of education followed all rules of Illinois Civil Procedure,
Supreme Court Rules with greater
integrity and adherence to the laws;
22. 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.
A-
Pursuant to
this precedent, hereto attached Gr Ex B Brief 17-cv-05482 Memorandum before the Seventh Circuit where a Federal judge tried to assist Defendant
Judges who had “Trespassed upon the Laws” criminalizing him because as an
African American man Pro Se litigant who fought back seeking custody of his
daughter;
B-
Pursuant to Respondent’s
Response Motion Striking & Objecting Plaintiff’s Motion et al. that Plaintiff’s
failed to reply to on Page 4 Gr Ex B in the matter of Elena
Fedorova v. Chicago Community Management et al. a veteran being wrongfully “Foreclosed”
C-
That Page 3, Par 6
and 7of Gr Ex B is germane and applicable in this matter and demonstrates
said judge acted as a private individual;
D-
That Par. 19,
Page 4 from the aforementioned
Motion Objecting Respondent’s Motion, Motion to Supplement Motion that
Corroborates Democratic Judges engaging in an Active “Organized Conspiracy”
“Fraud” & “Corruption” in Cook County Courts w/ Affidavit, before Fed Judge
Charles Norgle unequivocally demonstrate how a Black judge William S. Boyd
deceived and misrepresented his client Joe Louis in the Hightower v. Lawrence
matter and earned an Associate judge’s position.
E- That
Page 4, Par 9 states, “In addition, 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.”
F-
That hereto attached, Gr Ex C, Motion Moving for Default & Summary 2015 CH 01670 Judgment w/Affidavit, (Filed March 23, 2015) seeking $25 Million
Dollars Pro Se litigant presented a valid complaint and was homeless due to the
aforementioned, Judge Valderrama Trespassed upon the laws denied every document
Plaintiff filed before him documents demonstrating he was discriminated from
moving into units with a Section 8 voucher (#9727767) with great credit scores
management took his money when they learned of his skin color refused to let
him move into their units;
G-
That not one attorney guilty and cognizant of the
aforementioned acts feared any reprisals from the judge because all of them
knew the type of judge he was and what to expect.
H- That
the aforementioned judge stated referencing unlawful1.blogspot.com April
21, 2015 Post, Page 2, Par 2 Judge
Valderrama stated, “No the clerk’s office
doesn’t serve anybody by certified mail. Let me back up. “When I say service, I
don’t mean mailing anything. When I say service, I mean providing a copy of the
complaint and summons on the entity that you have names in your complaint”
I-
That because of the prominent attorneys chagrin in
being out maneuvered by a Pro Se litigant Judge Valderrama acted as a private
person acted outside of his oath colluded with the Defendants Trespassing upon
the laws engaging in Treason Offenses, in that judge Lyles has mirrored his
every act as she committed the same criminal acts, in that African American or
certain Hispanic Democratic judges due to self-hatred do not rule in favor of
their ethnic groups or laws in accordance to the United States Constitution
they embrace and condone racism.
J- That
Page 2 Par 5 further validate the
verity of said judge acting outside of his jurisdiction as a Trespasser the law
states, “Pursuant to 735 ILCS 5/3-105
“service of summons, summons issued in any action to review the final
administrative decision of any administrative agency shall be served by
registered or certified mail on the administrative agency and on each of the
other defendants….et al”
K-
That said Pro Se litigant defended himself against City
attorneys, CHA attorneys, at least 12 of them named in the record not one
person denied or objected to any of the assertions recorded in his complaint
noted in unlawful1.blogspot.com Dec. 1, 2015 Posted in 3 parts.
- Chronology of Facts validating
Judge Fredrenna Lyles Trespassing upon the Laws engaging in “Fraudulent
Acts”
A- Pursuant
to Gr Ex D, (Notarized Court
transcript of September 1, 2017) Lines
7-17 Page 3 Mitchell Shanks
Counsel for US Bank stated, “Mitchell
Shanks on behalf of US Bank. This matter was set today for a hearing on our
motion for summary judgment”
B- “In the
original order, there was an indication that a response was already filed. So
then would leave that we only needed time to reply, but we didn’t receive—a
response not filed. We didn’t receive their response until August 23rd.
So essentially, we are just asking for time to reply to the response and then reset
for hearing”;
- That
Defendant Monzella Johnson stated, Lines
19-22 Page 3, “I object. He is
saying our response, but they were the ones that were supposed to respond,
according to the ruling pursuant to the Court’s order entered”
A-
Judge Lyles stated Line
23, “Yes ma’am. I know”
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;
(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;
Acts constituting direct, criminal
contempt
A wide variety of acts may constitute a direct, criminal
contempt. And act may be criminal contempt even though it is also an indictable
crime. Beattie v. People, 33
Official
misconduct is a criminal offense; and a public officer or employee commits
misconduct, punishable by fine, imprisonment, or both, when, in his official
capacity, he intentionally or recklessly fails to perform any mandatory duty as
required by law; or knowingly performs an act which he knows he is forbidden by
law to perform; or with intent to obtain a personal advantage for himself or
another, he performs an act in excess of his lawful authority ….S.H.A. Ch 38
33-3.
B- That
Pursuant to Gr Ex B, Page 6 states “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)”.
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.
- That said Judge demonstrated cognizance
of her premeditated acts of Treason condoning said attorney to commit
perjury never admonishing him for inconsistent perjured remarks made in
court
- That
said judge demonstrated Bias and collusion stated, Lines 2-6, Page 4 “Now, what he said was he didn’t get a
copy of your response to which he going to reply. So, he needs additional
time so that they can file a reply. That’s what he was basically saying.”
D- Judge
Lyles used her robe and unlawful authority in the same identical manner as
Judge Valderrama in ignoring said Summary Judgment due to Plaintiffs Defaulting
735 ILCS
5/2—1001(a)(3) (West 2006). Although the statute does not define “cause”, Illinois courts
have held that in such circumstances, actual prejudice has been required to
FORCE REMOVAL of a judge from a case, that is, either prejudicial trial conduct
or personal bias. Rosewood Corp. n Transamerica Insurance Co., 57 Ill 2d
247, 311 N.E. 2d 673 (1974; In re Marriage of Kozloff, 101 Ill 2d 526, 532, 79
Ill. Dec 165 463 N.E. 2d 719 (1984); see also People v. Vance, 76 Ill. 2d 171,
181, 28 Ill. Dec. 508, 390 N.E. 2d 867 (1979).
E- That
Judge Lyles is expecting the same body of racist judges and politicians that
embraced Valderrama for his Treason Offenses against a Pro Se litigant who shared
his ethnicity to save her in the same like manner, in that judges like the
aforementioned are willing to do whatever it takes to destroy their own so as
to be accepted by those who hate persons of color and is controlling the
Democratic Party;
F-
In that African American judges ignorant of the
laws are just as worse as racist judges, in that, many of them closes their
eyes and commit the same acts as racist judges, due to them selling out their
ethnicity for whatever alleged fee they can receive;
- 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.
- That
to further amplify the veracity of the above, Pursuant to Page 5, Lines 15-24, Page 6, Lines 1-2
Judge Lyles stated, “I know it may seem rather unusual, but
it happens all the time in courts, things are—people are in offices and
maybe they get misplaced. So, it’s not unusual for me to give persons
standing on your side additional time. In fact, much to the banks chagrin,
I give them a lot of additional time so that they can protect their cases”
“And so, when
the plaintiff asks for additional time, it’s only fair and equitable that. I
give them additional time. So that’s what I’m doing”
- That
Defendant Marcia Johnson stated, Page
6, Lines 3-4 “I just want to get
the record straight”
- Judge Lyle stated unequivocally, Page 6, Lines 5-8 “Okay. That’s what I’m doing today. And
regarding the record, you have a young lady over here who’s taking down
verbatim what we say”
- That
Chagrin is defined as
disquietude or distress of mind caused by humiliation, disappointment or
failure
- That
because of the bank being allegedly embarrassed at being defeated
litigiously by the Defendants Judge Lyles violated her oath assumed
jurisdiction on a matter she did not have and became complicit in an “Organized
Conspiracy” signing her name to a court order described as a Nullity Void entirely;
A- That
Judge Lyles with Brazen disregard for the laws openly articulated her unlawful
reasons granting the Plaintiff’s more time in an attempt for them to try and defeat
said retired Defendants That due to the judges Bias and or Prejudice
conduct pursuant to Sup Ct Rule 71, Sufficient for
Removal, conduct which does not constitute a criminal offense may be
sufficiently violative of the Judicial Canons to warrant removal for cause. Napolitano
v Ward, 457 F 2d 279 (7th Cir.), cert denied, 409
U.S. 1037, 93 S. Ct. 512, 34 L. Ed. 2d 486 (1972).
7. That judge Lyles has
demonstrated an unknown interest 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).
A
judge’s disrespect for the rules of court demonstrates disrespect for the law.
Judges are disciplined under Canon 2A for violating court rules and procedures.
Judge ignored mandated witness order in attempt to accommodate witnesses’
schedules; Citing Canon 2A the court noted, “[a] court’s indifference to
clearly stated rules breed disrespect for and discontent with our justice
system. Government cannot demand respect of the laws by its citizens when its
tribunals ignore those very same laws”)
A- Fraud upon the court is
a basis for equitable relief. Luttrell v. United States, 644 F. 2d 1274, 1276
(9th Cir. 1980); see Abatti v. C.I.R. , 859 F 2d 115, 118 (9th
Cir. 1988) “it is beyond question that a court may investigate a question as to
whether there was fraud in the procurement of a judgment” Universal Oil
Products Co. v. Root Refining Co., 328 U.S. 575, 66 S. Ct. 1176, 90 L. Ed.
1447. The power of the court to unearth such a fraud is the power to unearth it
effectively. See Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 64
S. Ct. 997, 88 L. Ed. 1250; Sprague v. Ticonic National Bank, 1184 and United
States v. Throckmorton, 98 U.S. (8 Otto) 61, 25 L. Ed. 93.
B- “A judge is an officer of
the court, as are all members of the Bar. A judge is a judicial officer, paid
by the Government to act impartially and lawfully”. People v. Zajic, 88
Ill. App 3d 477, 410 N.E. 2d 626. “A
void judgment is regarded as a nullity, and the situation is the same as it
would be if there were no judgment. It has no legal or binding force or
efficacy for any purpose or at any place….It is not entitled to enforcement.
30A Am Judgments 43, 44, 45. Henderson v Henderson 59 S.E. 2d 227-232
C- “A Void Judgment from its inception is and forever continues to be
absolutely null, without legal efficacy, ineffectual to bind parties or support
a right, of no legal force and effect whatever, and incapable of confirmation,
ratification, or enforcement in any manner or to any degree. “A void judgment,
order or decree may be attacked at any time or in any court, either directly or
collaterally” Oak Park Nat Bank v. Peoples Gas Light & Coke Col, 46 Ill.
App. 2d 385, 197 N.E. 3d 73, 77, (1st Dist. 1964)
- That under 18 U.S.C. 242 and 42 U.S.C.
1985 (3) (b). A judge does not have the discretion on whether or not
to follow Supreme Ct. Rules, but a duty to follow. People v. Gersh, 135
Ill. 2d 384 (1990).
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
5217 S. Ingleside Ave
Chicago,
Il 60615
773 835-5849
WHEREFORE the aforementioned reasons Defendant respectfully Prays
for the Relief
1. For an Order Vacating the February 9th, 2021 Void Court Order
2. For an Order Disqualifying and Transferring this matter to a Judge from
another venue due to Corruption and Fraud;
3. For an Order issuing an Injunction prohibiting this judge or any judge
named from foreclosing on any homes pending a thorough investigation.
4.
For an Order Pursuant to Smith v. Wade, 461 U.S. 30, 35 103 S. Ct. 1625, 1629, 75 L Ed 2d 632
(1983) Justice Brennen “The threshold standard for allowing punitive damages
for reckless or callous indifference applies even in a case, such as here,
where the underlying standard of liability for compensatory damages because is
also one of recklessness. There is no merit to petitioner’s contention that
actual malicious intent should be the standard for punitive damages because the
deterrent purposes of such damages would be served only if the threshold for
those damages is higher in every case than the underlying standard for
liability in the first instance. The common-law rule is otherwise, and there is
no reason to depart from the common-law rule in the context of {1983} of $14
Million Dollars covering the number of years Defendants being in court
unlawfully representing job security for the attorneys;
5. For
an Order reimbursing all fees and costs to the Defendant for the enforcement of
this matter;
6. For
Sanctions Remands and Disbarments of all attorneys involved in this
matter;
7. For an Order amending the
Summary Judgment to additional Punitive Million Dollars for the active Chain
Conspiracy of so many Public Officials closing their eyes to the enumerated
crimes.
8. For the entry of an Order
awarding to your Respondent for such other relief and any other relief
necessary as equity may require of which this court may deem overwhelmingly
just;
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 FOR DISQUALIFICATION OF JUDGE “PRIVATE CITIZEN” FOR “CAUSE” USING
HER ROBE ENGAGING IN A CRIMINAL CONSPIRACY
& VACATE (February 9th 2021) ORDER DUE TO 14th
AMENDMENT CIVIL RIGHTS VIOLATIONS “FRAUD” TRESPASSING UPON THE LAWS MAKING THE
ORDER A NULLITY w/AFFIDAVIT
Please be advised that on February
24, 2021, Defendant has filed before this Circuit Court, Motion for
Reconsideration et al; and will present said legally sufficient instrument
before Judge Lyles or any Judge in her stead March 11 , at 10:30 am in room 2808.
U.S.
Attorney
John R. Laush, Jr.
219 South Dearborn Suite
500
Chicago, Ill 60605
Special Agent Robert J. Bell
2111 West Roosevelt Road
Chicago, IL. 60608
Cook
County State’s Attorney Chief Judge Timothy C. Evans
Kim
Foxx
50 West Washington, Suite 2600
50 West Washington, Suite 500 Chicago, Ill. 60601
Chicago, Ill. 60601
Potestivo & Ass., PC
ilpleadings@potestivolaw.com
223 West Jackson, Blvd, Suite 610
Chicago, IL. 60606
CERTIFICATE OF SERVICE
The undersigned hereby
certifies that the above notice and all attachments were caused to be emailed,
to the above parties at the addresses provided before 5:00 pm on Feb. 24, 2021.
________________________
Respectfully Submitted, Monzella Y.
Johnson
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
5217 S. Ingleside. Ave
Chicago, Il 60615
773 835-5849
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