Opening Brief in a UD appeal Case

[Truwilliams763]

I have to write an Opening Brief for an Appeal of a Judgement (Evicted out of my home as a result of an error from CHASE BANK), anyway I appealed the judgement (UD) and I need to write a brief for this matter. I dont know where to go to look for case law to back up my brief. Can someone point me in the right direction?

Essentially, the commissioner totally disregarded the rules of the court when the very first hearing was done. I was the only one that showed up to court on the day and time ordered. The case should have been ruled in my favor since the other party did not show up. The commissioner did not do that and allowed the plaintiff to file a withdrawal from the case and allowed them to come back and refile again. The commissioner did not ad hear to any of the affidavit or writs filed with the court. The commissioner totally disregarded my rights and ultimately allowed all of this to happen WITHOUT a court reporter in the room to record what was being said.

To make a long story short, I filed an appeal that was accepted and I have gotten to the Opening Brief part. I just need to see an example of a brief that might address the issues of violation of my constitutional rights and errors in court proceedings. Can anyone help me with that?

 

[Michael Wechsler]

To begin, a party is not awarded a default judgment just because the other party does not show. You still must show that, using your facts, you are entitled to a judgment. Let's assume that you were evicted because you didn't pay rent or mortgage payments. Even if the bank doesn't show you can't win your case for wrongful eviction unless you can show why the bank or landlord had no right to evict you. In my example they did.

Now here is your problem with your case that I'm sensing - and I could be wrong, I'm just assuming the worst and what usually happens here. Typically a tenant won't pay rent or homeowner won't make mortgage payments. They will make every excuse in the book solely to do one thing - prolong the eventuality of the outcome. So what is it that you really want to accomplish - appeal to the court that your due process rights were violated so that the bank should have to start the case all over again to get to the same outcome? I'm not going to tell you that you're technically wrong if this is the case. But the reality is that most courts will find a way not to have to relitigate a dead case. I won't get into the burden you'll need to show for an appeal and start from the beginning.

So let's begin - I don't even know what court you were in and don't know what rules of procedure apply. You speak of a commissioner and not a judge. We have yet to determine that procedure was violated - and you don't necessarily need a court reporter in the room either. Some courtroom proceedings are taped and in other instances there is written paperwork that covers what happened as there isn't a need for a court reporter to take down every exchange that may have occurred that may not even be relevant to the case.

 

[Unregistered]

Every state should have a Judges Bench Guide for Unlawful Detainer of 2012-13. First determine if you are a renter or a home owner. If you have a subprime loan, you most assuredly have a fraudulent loan. If so, your loan is an interest only ARM, which matures at 3,5,7 or 10 yrs. The simultaneous adjusting interest would lead you into foreclosure, designed to revert back to the bank. Thank you, Mr. Clinton, in re-visiting the Glass Steigal Act of 1933 and the Community Re-Investment Act of 1977.

Pamela Zander/Forensic Documents Research/760) 617-7989/Certified in Escrow;loan processing;Mortgage Banking