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Dear Customer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,
I am so sorry to hear of the unfortunate situation you are in with these strangers,
Please number your Answers to correspond with the questions below, Thank you
1. Did you name all the individuals that were bulldozing your property as Defendants in your lawsuit ?
2. Were they claiming title to parts of your property ?
3. Why were they bulldozing your property ?
4. Did you submit a proposed Order for the new Judge's signature that conformed with the decision reached by the first Judge ?
Andrea, I responded already but don't know if my response went through to you.
1. Yes, all the trespassers were named.
2. Yes, trespassers stated they had an easement across my property.
3. they said " we are 'taking' your property and there is nothing you can do about it."
4. Yes, the Final Order submitted to the Judge conformed with the verbal order in Court. (per the transcript)
note: the defense attorney submitted an exparte communication to the Judge under 'certificate of service' and stated he was submitting the defendants perspective to the Judge, BUT was not filing the documents in the case AND was not sending me copies. Note: I have no way of knowing 'what' the defense atty sent to the Judge.
The trial is over, witnesses testified and the judge ruled granting me Permanent Injunction on Sept. 27. 2010, ---- so far, the defense attorney has filed a Writ of Mandamus (in efforts to appeal the Judge's Order) the Supreme Ct. REFUSED the defendants ===== then the defense attorney filed a Lis Pendens (knowing, that the Judge had granted Permanent Injunctive Relief. Note: defendant own expert witness (surveyor) stated there is NO easement on my property, BUT defense counsel proceeds and files a POST TRIAL Motion for Summary Judgment in which the Judge allows to be set on the Court docket. --- I of course responded and the Judge stated that the matter before the court was injunction and could not turn injunction into civil case. Then defense attorney submits an Order to the Judge (that the Judge signed) stating that there is easement on my property. Which of Course I file an objection. --Then defense atty files another post trial Motion for Summary Judgment in which the Judge allows to be on calendar --- I filed a Motion to Recuse and Supreme Ct. agreed and assigned a judge from another County. ---- I submitted my final order to the new Judge BUT according to the Judge's clerk/secretary ---- the case is very large and will just sit on the Judge's desk until (I guess forever) WHICH leaves me NOT being able to do anything to my property. (Now how right is that?) ----- Why is a simple restraining/injunctive order against trespassers so difficult to obtain? The trespassers have admitted to NO ownership of my property. I have 27 acres of property and 'supposedly' I am unable to do anything with my property WHEN the trespassers have admitted to their crimes against me, beat and broke our bones, YET I am not allowed to use, enjoy, develop or NOTHING. Thre criminals are being rewarded for their crimes ----- this is against the law. My property appears to have been taken for the benefit of criminals.
Hi, Edra, Thank you for your additional information which I just received. No, I did not receive anything else you might have sent.
1. Please clarify the following:
I had asked you in Question No. 2, above, "Were they claiming title to parts of your property ? To which you answered, "2. Yes, trespassers stated they had an easement across my property.
However, towards the end of your reply, you stated,
"The trespassers have admitted to NO ownership of my property.........."
2. When you originally purchased your property, did you buy title insurance ?
Thank you for your additional information. With a court system which you have experienced as corrupt, I can suggest the following steps:
1. Every State has a Judicial Complaint Board which investigates all Complaints filed against Judges, removes them from the Bench and prosecutes them. In West Virginia, it is called the West Virginia Judicial Investigation Commission. These Complaints must be in writing and sent to the address I have indicated below. I am also providing their telephone number so that you can follow up on the status of the investigation and of your Complaint:
West Virginia Judicial Complaint Mailing Address Judicial Investigation Commission P.O. Box 1629 Charleston, WV 25326Telephone(NNN) NNN-NNNN/p>
2. If you cannot get anywhere because of a corrupt judicial and "Good ole' Boy" system and you cannot find anyone who is brave enough to fight these individuals, then the only way to change this is to bring it to the attention of your US Senators and your US Representatives. They have both the power and the ability to bring these very serious practices to light and prosecute the perpetrators;
3. Nobody wants their judicial system to be corrupt, or have their US Constitutional rights taken away. Bringing these practices to the attention of the public is the best way to stop them. In the history of the United States, the power of the press has always been at the forefront of change. You should make your situation known to all of the local newspapers and all of the national newspapers. You should write to the Editor of all local newspapers and the Editors of the New York Times and the Washington Post, telling them of your situation and the passive and the inactive Judges who are too afraid, corrupt and paid off to dispense justice the way the US Constitution intended. Once these practices are brought to light, they will come to an immediate halt;
4. You did not say whether or not you or your predecessors bought title insurance; if a title insurance policy was issued, then you should file a claim and have the title insurance company fight this out for you regarding the claims of Defendants that they have easements;
I understand that your situation has been going on for a while and I appreciate the frustration you have experienced. I also realize that the above steps will not solve the problem as of "yesterday", but taking all of the above steps simultaneously will give you some favorable results faster than you think. The way you have described your situation, the only way to solve this very serious problem is to go "above the heads" of those with whom you are dealing and who have authority over the "system". The Judicial Investigation Commission holds a lot of power and has the authority to remove corruption from the Courts. Your US Senators and Representatives also have the power and authority to act on your behalf and the newspapers have no fear of exposing corrupt Judges and placing public pressure on their removal. I would greatly appreciate it if you would rate my service to you so that I can receive credit for researching your question and giving you Answers and information on how to solve the problem, otherwise I will not receive credit or payment for my time and effort in assisting you,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
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You are in a very difficult situation and my prayers are with you. But, you are on the right track, calling in the US Attorney. As I said, report these abuses to your US Senators and your US Representatives. You will have to keep it on the Federal lever,
I wish you the best, I just wish there was more I could do,
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