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Tuesday, June 25, 2024


 CORRUPTION IN THE ILLINOIS APPELLATE COURT INVOLVING US BANK ALLEGEDLY PAYING OFF CERTAIN JUDGES COVERING UP THE FACT HOMES ARE BEING STOLEN IN ILLEGAL FORECLOSURES

PAGE 18 IS THE DRAFT ORDER WHICH STATES "This matter having come on to be heard on Motion Vacating the Court Order of June 20, et al. due notice having been given, the court having jurisdiction over the parties and the subject matter, and being fully advised in the premises; By Denying this Order redacting any language You are acknowledging your role in this Mortgage Fraud Criminal Conspiracy and is letting the FBI & everyone in Law Enforcement know of this Fact and is submitting yourself voluntarily to the full extent to all prosecutions and grand jury indictments.

 

   It is HEREBY ORDERED that Petition is Granted/Denied Instanter"

SO BELOW JUDGE NATHANIEL HOWSE JR., IS DEMONSTRATING LIKE SO MANY OF HIS KIND AS LONG AS HE IS USING HIS ETHNICTY HELPING RACIST BANK ATTORNEYS STEAL THE HOMES OF COLORED OR SENIOR CITIZENS NOTHING IS GOING TO HAPPEN TO HIM.

                                                             THIS IS REAL SHIT!!!

1.)  BECAUSE US BANK GOT CAUGHT AND THE EVIDENCE PROVES THIS FACT JUDGE NATHANIEL R. HOWSE, JR. WAS ONE OF THE JUDGES WHO VACATED THE FORECLOSURE WITH JUDGES,  Joseph Gordon, James R. Epstein AFFIRMED Judge Pamela Gillespie’s ruling VACATING the Foreclosure (Dec. 30, 2011). 

2.)  BECAUSE THE POLITICAL MACHINE COULD NOT FIND A CAUCASIAN TO GO ALONG WITH STEALING THIS HOME IN THIS ILLEGAL FORECLOSURE, BLACKS AND CERTAIN HISPANICS ARE CHOSEN TO UPHOLD CRIMINAL ACTS ON THEIR OWN ETHNIC GROUPS PROTECTING RACIST WHITES AS DEMONSTRATED IN THIS CASE.

3.)  THIS JUDGE IS GOING ALONG WITH EVERY UNLAWFUL ACT HAS ALREADY ADMITTED TO THE FBI-----HIS ROLE IN THIS MORTGAGE FRAUD CRIMINAL CONSPIRACY ETC.AND IS UNDER THE IMPRESSION BY USING HIS ETHNICITY HELPING RACIST POLITICALLY CONNECTED ANGLO-SAXONS NOTHING IS GOING TO HAPPEN TO HIM-- "MENTAL ILLNESS IS FUCKING REAL"

4.)  US BANK HAS ADMITTED TO HAVING JUDGES COMPLICIT WITH THEM STEALING HOMES ILLEGALLY IN THIS FORECLOSURE MATTER AND HAVE NEVER ATTEMPTED TO DENY, DEFEND THEMSELVES AGAINST ANY OF THE CHARGES AND IS IN DEFAULT OF $33 MILLION DOLLARS BUT SOME HOW MANAGED TO RECRUIT SOME OF THE WORSE BLACKS AND RACIST JUDGES BEHIND THE SCENES IN TRYING TO HELP US BANK GET AWAY WITH THEIR CRIMES.

5.)  COOK COUNTY AND ILLINOIS COURTS HAVE SOME OF THE WORSE BLACK AND CERTAIN HISPANICS NOT ALL OF THEM BUT MANY OF THE BLACKS STILL THINK THEY ARE ON A DAM PLANTATION TRYING TO PLEASE MASTER CHARLIE AND IS THE ONLY REASON WHY SO MANY SORRY ASS PUPPET BLACKS ARE IN POSITIONS OF ARTIFICIAL AUTHORITY.

6.)  THE ATTORNEYS WHO HAVE NOT FILED AN APPEARANCE AND IS NOT LEGALLY BEFORE THE COURT, FILED A MOTION DISMISSING SAID APPEAL BECAUSE THE APPELLATE COURT HAD NO JURISDICTION WAS FILED JUNE 13, 2024, THE APPELLANT FILED A MOTION OBJECTING/STRIKING THE DISMISSAL MOTION ON JUNE 17, 2024, 

7.) THE JUDGES IGNORED THE MOTION BECAUSE US BANK COULD NOT IMPEACH THE VERACITY OF ALL FACTUAL CLAIMS AND OWED THE APPELLANT A JUDGMENT OF $33 MILLON DOLLARS, SO ON THURSDAY RIGHT AFTER THE JUNETEENTH HOLIDAY NICOLE WATSON EMAILED A COURT ORDER AT 8:58 AM THAT THE JUDGES GRANTED AN ILLEGAL ORDER TO US BANK'S ATTTORNEYS SO ON JUNE 24, 2024, APPELLANT FILED A MOTION VACATING THE COURT ORDER & REINSTATE THE MOTION /OBJECTING /STRIKING.

8.)  BEFORE THE MOTION APPEARED BEFORE THE FULL APPELLATE COURT JUDE NATHANIEL HOWSE, JR. ALTERED THE ORDER REMOVED THE APPELLANT'S NAME AND CONTACT INFORMATION AS SEEN ABOVE IN THE ORDER AND RECORDED "PETITION NOT CONSIDERED FOR LACK OF JURISDICTION" THE MOTION AND OPENLY ACKNOWLEDGED HIS ROLE BRAZENLY TO THE FBI AND ALL LAW ENFORCEMENT OFFICIALS KNOW OF THIS FACT AND HAS SUBMITTED HIMSELF VOLUNTARILY TO THE FULL EXTENT TO ALL PROSECUTIONS AND GRAND JURY INDICTMENTS. 

THE COURTS ARE A JOKE AND CORRUPTION IS OUT OF CONTROL GREYLORD DIDN'T TEACH THESE JUDGES ANYTHING BECAUSE THEY ARE FAR MORE RACIST AND CORRUPT THAN ANY SOUTHERN CITY OR STATE.


                

                                                              1-24-0568

                            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. 2       

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  )

  ______________________________________________________________________                                      

MOTION VACATING THE COURT ORDER OF JUNE 20, 2024 DUE TO IT BEING VOID A NULLITY & REINSTATE MOTION STRIKING/OBJECTING APPELLEES MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION DUE TO CORROBORATION AND COMPLICITY ENGAGING IN MORTGAGE FRAUD, ORGANIZED CRIMINAL CONSPIRACY RPC ETHICS VIOLATIONS, FAILURE TO FILE AN APPEARANCE, COLLUDING WITH JUDGES CLERK AND STATE APPELLATE CLERK, MAIL FRAUD, ADMITTING TO ALL PLEADINGS VIA SUMMARY JUDGMENT EVERY COURT ORDER BEING VOID/A NULLITY)  DUE TO JUDGE LYLE & OTHER ATTORNEYS/JUDGES COMPLICIT IN A CRIMINAL ENTERPRISE OF MORGTAGE FRAUD CORROBORATING THEIR INVOLVEMENT TRYING TO STEAL HOME APPELLANT NEVER HAD A MORTGAGE WITH WARRANTING A RULE TO SHOW CAUSE REMANDING ALL PARTIES INSTANTER INTO CUSTODY W/BODY ATTACHMENT INVOKING THE JURISDICTION OF THE ATTORNEY REGISTRATION & DISCIPLINARY COMMISSION, ILLINOIS COURTS COMMISSION, STATE POLICE  DISQUALIFYING JUDGE NATHANIEL HOWSE, JR. AND THE 2ND DIV INSTANTER DUE TO MOTION TO CERTIFY COURT ORDER OF MAY 8, 2024, PARTICULARIZED JUDICIAL CORRUPTION AND INTERNAL FRAUD WITHIN THE APPELLATE CLERKS DIVISION PURSUANT TO Fed Rule Civ P. 8 and 9, Local Rule 56.1(a) provides that a motion for summary judgment must include a "statement of material facts as to which the moving party contends there is no genuine issue and that entitle the moving party to a judgment as a matter of law." & VACATE THE JUNE 13TH COURT ORDER DUE TO JUDGE NATHANIEL HOWSE, JR. AND ALL APPELLEES ADMITTING VIA SUMMARY JUDGMENT ALL PLEADINGS ARE TRUE

 

   Now comes Appellant, 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 Vacating Court Order of June 20th et al;

 

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)”.

 

APPELLEES and their Co-Conspirators have already ADMITTED via Summary judgment filed (May 10, 2024) and are not and have never OBJECTED to any of the FACTUAL PLEADINGS and nobody seems to have a scintilla comprehensible aptitude of the laws or any rules within the procedures but is relying on “fraud” and a plethora of sordid criminal conspiracy actions in an attempt availing them of any proper legal judgements against them presented to this court.

 

That allegedly judges typed signatures Nathaniel Howse, Jr., Margaret S. McBride of the Illinois Judicial Commission, David W. Ellis of the Executive Committee in no way verifies that said judges are actually participants in this matter, but unequivocally demonstrate a Prima Facie showing of “JIM CROW LAWS” being enforced  because Court Order Granting Dismissal of Appeal is CRIMINAL when Appellant timely filed a Motion Objecting said Motion June 18th, 2024, EMAILED AT 8:58 am.

 

1.)    That no judge entertained Appellant’s Motion and only entertained the Motion of Attorneys not legally before the courts corroborating Judicial Corruption/Conspiracy.

 

2.)    FACT: The Appellate Court’s corrupt judges are aware US Bank has no legal standing before them and in no way are the able to defeat the Pro se litigant litigiously and is mortified because they have deployed a plethora of alleged Klan law firms to try and STEAL said home and has wholly failed in every attempt;

 

3.)    FACT: That US Bank and the corrupt judges/clerks involved in this Mortgage Fraud Criminal Conspiracy do not want nobody to see how they illegally brought this matter before the Cook County Courts, hereto attached June 3, 2009 Affidavit of Proof, Vol 1 of 4, C 906-907, Attorneys (Barbara J. Dutton, William E. Dutton, Jr.) fraudulently certified under PENALTY OF PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA ET AL. in that said law firm and the attorneys should have been disbarred from practicing law 15 years ago with this Affidavit described as being “WHOLLY INSUFFICIENT” which was really FRAUD ON THE COURT but every racist criminal act perpetrated by US Bank has been ignored and covered-up by Cook County and State Judges.

 

4.)    FACT: That this is how racist Bank employees recruit law firms to use their legal wit to help them STEAL THE HOMES FROM HARD WORKING SENIOR CITIZENS and Black Americans

 

5.)    As for the Jurisdiction U.S. Bank and its attorneys never had Jurisdiction bringing the Appellant before the court ever since Judge Nathaniel Howse, Jr. Joseph Gordon, James R. Epstein AFFIRMED Judge Pamela Gillespie’s ruling VACATING the Foreclosure (Dec. 30, 2011).

A-    U.S. Bank are no novices at “Fraud” U.S. Bank was fined for using customer data to open sham accounts and new lines of credit without permission. Employees were pressured to access customer credit reports and open new accounts to inflate sales numbers. The bank is required to pay $37.5 million and return any illegal fees and charges — with interest.

U.SBank Fined $37.5 Million for Illegally Using Customer Data ...

www.businessinsider.com/us-bank-fined-375-million-for-illegally-using-custome

 

A-      TheStreet

https://www.thestreet.com/personal-finance/u-s...

U.S. Bank slapped with million-dollar fines for ‘illegal conduct’

BWEB Dec 21, 2023 · The CFPB concluded that U.SBank violated both the Consumer Financial Protection Act and the Electronic Fund Transfer Act for freezing accounts and not

                           

1.)    That Pursuant 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”

 

2.)   Appellees having already admitted to every pleading properly presented in the Motion to Certify and unlawfully DENIED, due to a certain Appellate Clerk and person acting as a “sniper” if not Judge Nathaniel Howse, Jr. but a person with his authority stamping court orders which said crimes has culminated into a deliberate cyber crime using the internet mail to publish criminal violations.

 

3.)    That on June 13, 2024, A Court Order was emailed by Nicole Watson an active participant aware of the perpetrators involved sent an Order deemed Void/a Nullity stating “Motion to Supplement Record is Denied without Prejudice. Record not in queue.”

 

4.)    That unbeknown to said conspirators’ communication was established with Deanna Conn, Asst. Chief Deputy Clerk of the Appellate Division on the 8th floor in the Daley Center (June 13, 2024) who provided her number 312 603-5138.

A-    She verified that all five documents were in fact submitted and signed for May 23, 2024, when it was explained that the clerks in the Appellate  Clerk’s office stated the record was not in the queue, she was shocked and said that she would happy to resend the record missing upon a directive from the Appellate Court, she was very courteous and helpful.

B-    That Appellants returned to the Appellate Court and learned that the record the alleged judge or “sniper” in receipt of the signature stamp and received the record court order stated was not in the queue.

 

C-    That the very Law Firm never filed an Appearance and Court never informed the Appellant’s of said law firm Dykema Gossett PLLC, 10 S. Wacker Dr. Suite 2300, Chicago, Il. 60606.    

 

D-    That the lawyers are in complete violation of  the Ethics Sections in RPC 3.3 filed said Motion with the very entries recorded in Pars F-I unequivocally demonstrating and corroborating racist collusion of certain State employees dispatching records to an attorney or law firms not legally before the court.

 

E-     That to further corroborate all Pleadings recorded by the Appellant as being factual and properly admitted to via Summary Judgment said Attorneys have provided a COURT ORDER dated May 15, 2024, That Freddrenna Lyle has entered as a “PRIVATE CITIZEN”   

 

F-     That Appellant sent an email (June 8, 2022) to Acting Presiding Judge Sophia Hall but was directed to June 21st 2022, Hearing.

 

G-    Judge Lyle and Judge Derico now Judge Nathaniel Howse, Jr. Have corroborated within the Preponderance of the Evidence as Negros, Blacks, Afro Black Americans the extent they are willing to exhaust saving their alleged Slave Masters (aka Massa likened to being on a Plantation in the Slave Masters House) have signed court orders for the Appellees where they have not presented or prepared trying to help racist white bank attorneys and U.S. Bank try and steal their home.

 

H-    That if a Negro Judge is not mentally free to exercise independence or think and act in a manner of moral turpitude and in accordance to the laws of the constitution where they are deemed free men or women, they are merely colored versions of the racist oppressors and is being prostituted to continue the agenda of Jim Crow Doctrines within the laws outlawed by the United States Constitution.

 

I-       For example, if U.S. Bank was a Slave Owner and certain judges were their slaves they need not defend anything a Free Senior Citizen presents meritoriously because the slaves are going to do whatever they are told and the law firms embracing their doctrines have to just show up and get paid because the “FIX” is already in.

 

History shows that it does not matter who is in power... those who have not learned to do for themselves and have to depend solely on others never obtain any more rights or privileges in the end than they did in the beginning.

 

"When you control a man's thinking you do not have to worry about his actions. You do not have to tell him not to stand here or go yonder. He will find his 'proper place' and will stay in it. You do not need to send him to the back door. He will go without being told. In fact, if there is no back door, he will cut one for his special benefit. His education makes it necessary." Carter G. Woodson, 1933

  

5.)    That most importantly said June 21st, 2022 Cout Order, Ref as C 5321 V4, UNEQUIVOCALLY CORROBORATING NOT HAVING JURISDICTION, she set a BRIEFING SCHEDULE on the same case DISMISSED BY THE APPELLATE COURT.

 

6.)    That 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.

 

7.)    That Judge Nathaniel Howse, Jr. and all of Appellees’ attorneys have admitted to all Pleadings!

              A- That Pursuant to Page 12, Par 8 of the Motion to Certify improperly Denied “That Black Democrats who hate their own skin color as judges or responsible persons in alleged authority are emulating the same hate and injustices People of Color have been fighting for 14 many years trying to keep their properties or fight against the Unequal Applications of the laws, in Illinois courts, in that Judge Lyle has been the “defacto” attorney for US Bank ever since this case was before her.

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

 

                                                            ii.      That not one judge or attorney seems to have a comprehensible understanding of the law “Private Citizen” and their actions towards the Appellant due to her being “Pro Se” but is holding Pro se litigants at a legal standard no licensed attorney or judge understands or is adhering too.

 

8.)    That the Appellee’s Attorneys Potestivo & Assoc never withdrew or filed an APPEARANCE BUT IS USING VICIOUS TERRORISTS’ TACTICS by Recruiting other law firms trying to Bully/Harass or Intimidate the Appellants with responding to the Frivolous document to Dismiss a Meritorious Appeal which has no legal standing in a attempt to try and wear them down litigiously and show this court and the Federal Government how they don’t respect or honor any laws and will employ 100’s of attorneys to steal said seniors home or take from any Black or Colored persons anything they desire because of the number of judges on their alleged payroll.

 

9.)    That the Judges witnessing these egregious Hateful Criminal Sinister Acts of Caucasian Attorneys making a mockery out of the legal system when it is clear after the Appellate Court’s Ruling NEVER HAD JURISDICTION on the Appellant’s trying to steal their home are likened to being cowards and will never admonish or stand up to said Caucasians due to their inferior disposition, in that said judges have demonstrated a willingness to falsify any document or sacrifice their own careers closing their eyes to all egregious crimes and destroying their own ethnic groups pursuant to Page 3, Pars G-I, of the Motion to Certify as already admitted too in its entirety.

 

      

Plaintiffs have not raised any affirmative defenses.

 

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits, viewed in a light most favorable to the movant or non-movant fail to establish a genuine issue of material fact, thereby    

 

1.    Entitling the moving party to judgment as a matter of law.

 

The purpose of summary judgment is not to try a question of fact, but simply to determine whether one exists.

 

When the party moving for summary judgment supplies evidentiary facts which,

 If not contradicted, would entitle him to judgment, the opposing party cannot

 Rely upon his complaint or answer alone to raise issues of material fact. A counter

 Affidavit is necessary to refute evidentiary facts properly asserted by affidavit

 Supporting the motion or else the facts are deemed admitted.

 

Here, Defendant has supplied affidavits, Certified Court transcripts and other evidentiary material that establishes all of the elements necessary to entitle it to recovery under the parties’ agreements, including the amount of damages. Plaintiffs have failed to submit any evidence in opposition to the Motion or Order to raise any genuine issues of material fact. Thus, summary judgment is proper.

 

That because of the heinous acts Plaintiff have been harmed by said Civil Rights Violations and no one objected to said assertions put before any tribunal, Plaintiff is seeking  $33 Million Dollars as punitive damages; 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}”         

Finally, this Affidavit is best closed by a jurist who has stated”; 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”)

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.”           

 

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)

 

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 (see below).

 

The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." [Emphasis supplied in original].

 

By law, a judge is a state officer as in this case Federal officers.

The judge then acts not as a judge, but as a private individual (in his person).

 

That Defendant filed an Appeal with due-diligence trying emphatically to save their family home and was before another group of judges and the APPELLATE COURT- AFFIRMED Judge Gillespie’s Court Order, Dec 13, 2011, Judges Nathaniel R. Howse, Jr., Joseph Gordon, James R. Epstein.

 

10.)                        That hereto attached, Gr Ex A, County Clerk’s Office, Recorder of Deeds, Court Order of Dec. 30, 2011 which has been Certified by the Appellate Court of Illinois First District and filed lawfully with all fees lawfully paid.

 

a.      That the only time a Negro, Black, Afro American or certain Colored People can lead or follow the laws correctly is if an un bias Caucasian is on board directing them which is clearly illustrated and admitted to on Page 18, Par F, of Motion to Certify et al., “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.”

 

11.)                        That Racism and egregious Hate has surpassed human imagination where Racist/Sexist Hispanic judges are now emulating what the Irish and Polish ethnic judges have done for years destroying Black and Brown ethnic groups using the worse Colored People to be appointed as judges enforcing Jim Crow Laws.

 

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 Ill. App 651, 1889 WL 2373 (1st Dist. 1889). As is making false representations to the court. People v. Katelhut, 322 Ill. App. 693, 54 N.E.2d 590 (1st Dist. 1944). Misconduct of an officer of the court is punishable as contempt. People ex rel. Rusch v. Levin, 305 Ill. App. 142, 26 N.E. 2d 895 (1st Dist. 1939).

 

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.

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.   

  1. That said judge demonstrated Bias and collusion did what was right only in the company of competent qualified Caucasian judges  

A-   Judge Nathaniel Howse, Jr. used his robe and unlawful authority in the same identical manner as Judge Iris Y Chivira 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).

  

  1. 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.

  1. 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.

 

A-     Judge Howse with Brazen disregard for the laws in an attempt for Appellees 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).

 

2.    That judge Howse 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)           

 

  1.  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

 

                                                           1-24-0568

                            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. 2       

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 

 MOTION VACATING THE COURT ORDER OF JUNE 20, 2024 DUE TO IT BEING VOID A NULLITY & REINSTATE MOTION STRIKING/OBJECTING APPELLEES MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION DUE TO CORROBORATION AND COMPLICITY ENGAGING IN MORTGAGE FRAUD, ORGANIZED CRIMINAL CONSPIRACY RPC ETHICS VIOLATIONS, FAILURE TO FILE AN APPEARANCE, COLLUDING WITH JUDGES CLERK AND STATE APPELLATE CLERK, MAIL FRAUD, ADMITTING TO ALL PLEADINGS VIA SUMMARY JUDGMENT EVERY COURT ORDER BEING VOID/A NULLITY)  DUE TO JUDGE LYLE & OTHER ATTORNEYS/JUDGES COMPLICIT IN A CRIMINAL ENTERPRISE OF MORGTAGE FRAUD CORROBORATING THEIR INVOLVEMENT TRYING TO STEAL HOME APPELLANT NEVER HAD A MORTGAGE WITH WARRANTING A RULE TO SHOW CAUSE REMANDING ALL PARTIES INSTANTER INTO CUSTODY W/BODY ATTACHMENT INVOKING THE JURISDICTION OF THE ATTORNEY REGISTRATION & DISCIPLINARY COMMISSION, ILLINOIS COURTS COMMISSION, STATE POLICE  DISQUALIFYING JUDGE NATHANIEL HOWSE, JR. AND THE 2ND DIV INSTANTER DUE TO MOTION TO CERTIFY COURT ORDER OF MAY 8, 2024, PARTICULARIZED JUDICIAL CORRUPTION AND INTERNAL FRAUD WITHIN THE APPELLATE CLERKS DIVISION PURSUANT TO Fed Rule Civ P. 8 and 9, Local Rule 56.1(a) provides that a motion for summary judgment must include a "statement of material facts as to which the moving party contends there is no genuine issue and that entitle the moving party to a judgment as a matter of law." & VACATE THE JUNE 13TH COURT ORDER DUE TO JUDGE NATHANIEL HOWSE, JR. AND ALL APPELLEES ADMITTING VIA SUMMARY JUDGMENT ALL PLEADINGS ARE TRUE

 

Please be advised that on June 24th, 2024, Appellant has filed before this Appellate Court, Motion Vacating the Court Order of June 20 et al; .       

                                              

 YOU ARE HEREBY NOTIFIED that Defendant-Appellant Moves to the Illinois Appellate Court, First District for an Order on Motion Vacating the Court Order of June 20th  et al.  

I have caused Courtesy Copies to be had on all of the following via electronic service email/regular mail.

  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

 

President/CEO Rick Aneshansel US Bank Natl. Assoc. rick.aneshansel@usbank.com

 

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

         190 S. LaSalle,

 grace.gorka@usbank.com ggorka@usbank.com

         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                                 

 

Illinois Courts Commission

555 West Monroe, 15th floor

Chicago Ill. 60661

info@IllinoisCourtsCommission.gov

 

Illinois Court Commission Members

Justice P. Scott Neville, Jr. Chairman

Justice Thomas M. Harris

Justice Margaret Stanton McBride

Judge Lewis Nixon

Judge Sheldon Sobol

Judge Aurora Abella-Austriaco

Madam Paula Wolf

 

 

 

 

 

 

 

 

                PLEASE BE ADVISED that on June 24th, 2024, A Motion  Vacating the June 20th Court Order et al. with all attachments has been filed before the Appellate Court of Illinois, and served on all parties in the aforementioned Motion via email.                                                                                     

CERTIFICATE OF SERVICE

 

The undersigned hereby certifies that the above notice and all attachments were caused to be personally mailed/emailed, to the above parties at the addresses provided before 5:00 pm on June 24th, 2024.

                                                

 

 

                                                              ________________________

                                                                  Respectfully Submitted, Monzella Y. Johnson

 

                                                             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                 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

5217 S. Ingleside. Ave

Chicago, Il 60615

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            1-24-0568

                            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. 2       

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  )

  ______________________________________________________________________  

                                                        ORDER

                                                          

    This matter having come on to be heard on Motion Vacating the Court Order of June 20, et al. due notice having been given, the court having jurisdiction over the parties and the subject matter, and being fully advised in the premises; By Denying this Order redacting any language You are acknowledging your role in this Mortgage Fraud Criminal Conspiracy and is letting the FBI & everyone in Law Enforcement know of this Fact and is submitting yourself voluntarily to the full extent to all prosecutions and grand jury indictments.

 

   It is HEREBY ORDERED that Petition is Granted/Denied Instanter.

 

                                                                              ENTERED:                     

                                                                             _________________________________

                                                                              Justice  

 

                                                                              _________________________________

Monzella Y. Johnson                                             Justice    

Pro Se                                                       

5217 S. Ingleside                                                  _________________________________

Chicago, Illinois 60653                                          Justice

Frogishtwo65@gmail.com

                                                                               


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