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i have filed a new chapter 13 because they went behind my back and extended a writ of execution to sell my property at sheriff's sale after being quiet for 2 years. So I'm in Chapter 13 now. The question is can I ask the bankruptcy judge to do something to them ? When you say adversarial proceeding, are you referring to an action in superior court for fraudulent or intentional misrepresentation and fraud on the court, or is this something to do in bankruptcy court. Can I use this to quash the writ of execution? Thanks
adversary proceeding in bankruptcy based on fraud on the court based on what?
ask which court for an injunction to stop the writ of execution? The bankruptcy court has automatically stayed the writ so are you referring to asking superior court for an injunction to stop the writ based on ???? Fraud on the court, judicial estoppel?
Remember, I am pro se, I haven't done this before so please be as detailed as possible so that when I search for more information, I can phrase the question in such a way that I'll get returns from google that apply to my situation. Thanks
again, thank you but ....
1.which court would I use for a fraud on the court petiton, bankruptcy or superior or both......
2. and what relief would I ask for? Can I ask that my second mortgage be disallowed, can I ask for damages, can I ask to void the foreclosure, can I ask the superior court to quash the writ of execution?? Can I ask the bankruptcy court to quash the writ of execution.....
can I ask that the court any of the above and which things would be in superior and which in federal bankruptcy court?
The writ of execution was obtained in 2010 stating that they were in second position,
the foreclosure filed in 2007 stated that they were in first postion.
They had me thrown out of bankruptcy in 2010 stating that they were in first position
They acknowledged to the superior court in 2010 they were in second and would post at the sherriffs sale that the name and the amount of the priority lien. This was done, but they didn't exercise the writ and waited for it to expire.
When it expired two years later, they filed for an extension to the chancery court judge who had originally issued it. The submitted the writ to the sheriffs sale without notifying the first mortgage holder or me and
we only found out about the sheriffs sale a few days before sale. They should have notified interested parties of their request for an extension to the writ?
Sheriff's sale only reflects the second mortgage with no priors listed
They are stating that a satisfaction of mortgage exists to the court but they do not have a valid satisfaction of mortgage, only a copy which is a forgery and which has never been filed with the court clerk because of this fact.
The lien is unsecured because of the fall in property values but they are trying to have me thrown out of bankruptcy court any way possible and/or trying to force sell the property using this newly extended writ of execution
Legally, second position can foreclose which they have done but they are relying on documents that are inaccurate and making statements that contradict their earlier statements in various courts .
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