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Won Arbitration Award and Freddy Mac wont back down

Discussion in 'Alternative Dispute Resolution' started by Eli Marx, Oct 15, 2019.

  1. Eli Marx

    Eli Marx Law Topic Starter New Member

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    Jurisdiction:
    Texas
    We won our arbitration award and its been over 115 days now. So we are past the 90 day mark and these courts have Diversity. We filed in Federal Court for our award and one out of the four companies which is the mortgage sevicer claimed they never received any information about the arbitration hearing or any of it when we provided documentation and proof of service through a third party they did.

    In the meantime Federal Home Mortgage Corporation is trying to evict us in County Court. I finally had to appeal it to the appellant court this week. We filed our appeal and the appellant court has accepted it (we have a case number) We filed our appeal October 2, 2019. On October 14, 2019 Federal Home Mortgage Corporation filed a Request for a writ of possession and the county filed it into the case.

    How can they do this legally?

    What do i need to file to either Quash, Vacate, Remove their request or what do i need to do?

    How do i stop Federal Home Mortgage Corporation and the lower courts from trying to evict us when they lost in arbitration and we have our judgement?

    The lower courts are ignoring it. Federal Home Mortgage Corporation is not complaining about the confirmation of the award in Federal Court. Not a word but yet trying to gain possession of our home. This appears to be a collateral attack and a lot of collusion IMHO.

    Any suggestions would be appreciated and please don't say hire an attorney. I am in law school and i want to do as much of this as possible. Thanks
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Hire an attorney.

    Then you know just enough to be dangerous to yourself and risk losing your home.
     
    justblue likes this.
  3. Eli Marx

    Eli Marx Law Topic Starter New Member

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    I am not worried about losing our home. I am asking what do i do and i already said do not say hire an attorney. What needs to be filed?
     
  4. army judge

    army judge Super Moderator

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    You've come so far.
    You've worked so hard.

    If you wish to reap the benefits you've purportedly won, hire a lawyer.

    There is no way strangers (some of whom aren't lawyers) can do anything for you, except wish you well.

    This stranger, that would be me, is a lawyer who also can't do more than wish you well, and suggest you HIRE yourself a lawyer ASAP.

    You might see if your school's legal clinic can help you.

    Perhaps one of the brilliant 3Ls can do something other than shake your hand and wish you luck?
     
    shadowbunny and justblue like this.
  5. army judge

    army judge Super Moderator

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    This is a board open to the public.

    You don't get to tell ANYONE on this board what response to type or not.

    Once you posted your business for the inhabitants of the entire planet to read, that allows any number of those inhabitants to respond however they wish, insofar as our RULES aren't ignored!

    HIRE A LAWYER.
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    HIRE A LAWYER.
     
    shadowbunny and justblue like this.
  6. Tax Counsel

    Tax Counsel Well-Known Member

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    I don't know how much law school you've had yet, but hopefully by the time you make it as a lawyer you'll be able to make your writing a bit more clear than you did here.

    As I understand the facts, you won an arbitration proceeding against four defendants, including the mortgage company, and you filed for confirmation of the arbitration award in federal district court. The mortgage company has complained in the arbitration confirmation action that it was never served with respect to the arbitration proceeding. It appears that the confirmation proceeding has not yet been completed. You did not say, however, what the arbitration judgment against the mortgage company said. Were you contesting a foreclosure? If so, what was the decision on that? If no, what was the claim you had against the mortgage company?

    Meanwhile, the mortgage company is proceeding with a writ of possession in state court. But which state court — county court or district court? Then you said that filed an appeal with an appellate (not appellant) court. But what court, exactly? One of the Texas Courts of Appeal, the U.S. Court of Appeals for the Fifth Circuit, or some other court? And what was the basis for the appeal?

    Those kinds of details matter in sorting out where you stand and what options you may have. Clarity in the facts matter for lawyers, so you'll want to get in the habit of writing your facts clearly so that someone not already familiar with your case can understand exactly what is going on.

    But one thing I can tell you is that the mortgage company may seek the writ of possession simply because no law says that it cannot file for that. Whether it can get the court to grant the writ is another matter. That arbitration award doesn't stop the mortgage company from filing for the writ. What impact that arbitration award would have depends on exactly what the decision said and whether it gets confirmed. As for the appeal, that won't stop the writ action either unless the appeals court issues an order to the trial court staying the proceedings or unless the trial court itself agrees to stay the proceedings until the appeals court makes its decision.
     
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  7. Zigner

    Zigner Well-Known Member

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    Being in "law school" means you have access to additional resources that the average person who is not in "law school" may not have access to. Speak to your professors, etc., to see if they can offer any insight. Heck, you might even find one that takes pity on you and offers to actively assist.
     
    justblue likes this.

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