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When IRS levied me out of business, lawyers would not take my case
because IRS had my money. So, I began to act Pro Se.
Going to Court Pro Se
4/22/2013 - In 2005 my condo, the one built over an outdoor toilet pit, the
one that cost me so much money to correct, as well as my health, was
foreclosed on December 15, 2005, without proper notice to me.

It was sold at auction to a Realtor in the same firm, Sotheby's, with which I
had it listed, not knowing it had been foreclosed.

When I learned of the foreclosure I began fighting it in court. I was naive.
At the same time the Realtor who listed my condo told me she overheard
her broker say that the judge in the case had told her that there was, "no
way" I'd get it back. That was before my objections had been heard.

That was, of course, a bit devastating to hear. It sounded as if with the
judge's perspective and control/power, it would probably play out as "no
way." But, I wanted to believe in the justice system.

When the judge himself ruled against me, I wasn't surprised. Nor was I
surprised to read on forums that he had been seen at gay parties partying
with the buyer at auction, whom he had "favored" in court.

Still, I appealed. As I said, naive and very much wanting to believe in the
justice system. Plus, the condo was what I'd planned on selling to take care
of myself in my old age. (Ha. Old age has happened. So has poverty.)

The state appeals court decided that I didn't appeal in time. The fact I didn't
know about the foreclosure because I wasn't notified and it was done by
default, didn't affect their thinking. What appeared to affect their thinking
was that I was pro se and the opposition was represented by lawyers. I
found cases exactly the same as mine in which a lawyer had the facts I did,
and was upheld. But, when it comes to a pro se party, the law is on the side
of the lawyers, not the facts and law. (or so I found)

I, being naive and wanting to believe in the justice system, appealed to the
state Supreme Court, which didn't see the due process issue at all, and
affirmed the state appeals court.

So, incredibly naive as I was, and wanting to believe in some justice, I filed
a case in federal bankruptcy court based on the violation of the automatic
stay, which is supposed to carry mandatory damages.

My first Motion for Summary Judgment with more than a ream of exhibits
was denied for lack of exhibits. The clerks had made a mishmash of the
exhibits and the judge took their scanning to be what I filed. He was
adamant when presented with these facts that the clerks do an excellent job,
and he would not reconsider.

My 2nd Motion was denied based on the fact the state court had already
decided the case. Which it hadn't. It had not been presented with the
violation of stay case.

I appealed to the federal Bankruptcy Appellate Panel, which upheld the
decision. But still, I refused to simply accept that there was "no way" from
before I had any chance to defend my property, right through bankruptcy,
so I appealed to the 10th Circuit itself, which closed the case on April 18,
2013, filing its opinion of April 19, 2013. I'm not bothering to read it. It
obviously says there was NO WAY I could prevail. But cleverly, so it seems
like a just kind of thing to decide.

How do I feel now about being so naive?

I'm sorry that when my son visited from London at the beginning of this I
didn't just say, "Screw the system. My son is more important than the
property and he's real, justice may be a fantasy." I'm so sorry, in fact, that I
was afraid I wouldn't come out of the deep depression that settled on me
after I received the 10th Circuit email saying the case was closed.

But, I'm also glad I fought it to the end, because if I had not I would not
definitively know that the system is a legal scheme, not a justice system.
The scheme favors lawyers and them making a living. Justice doesn't really
enter into it.

Now, with these many years of experience I would not longer advise people
to go to court pro se. I certainly would not advise throwing money at a
lawyer, since there's a fifty-fifty chance the opposing lawyer will be better
friends with the judge or win on other grounds.

What I am reminded of, is how I went to a journalism convention in
Chicago when I was in high school. Between presentations I went shopping
and found the most beautiful, white, supple leather, hobo type handbag. It
was instant love, and I bought it and felt joy from then on each time I used
it.

One use was going to a boat ride... the boat was looking crowded, so I left
my bag on the bank, under a tree. I thought, "If someone takes it, they need
it more than I do."

Someone took it. I never missed the money, the pictures in my wallet, or
anything else. My handbag that I so loved was gone, but at the same time,
neither did I want to take back the thought that had directed me.

If I had simply felt that open with my condo, I would have saved myself
immeasurable pain. But I had worked so hard for my condo... I felt
connected to it, I felt I needed it for my wellbeing in my old age. I was
afraid of poverty.

But, in reality poverty is less painful than going forward with a doomed fight.


To see what I used to believe,
click here.
I, the copyright holder of this work, hereby publish it under the following
license:
    Creative Commons CC-Zero This file is made available under the
    Creative Commons CC0 1.0 Universal Public Domain Dedication.
    The person who associated a work with this deed has dedicated the
    work to the public domain by waiving all of his or her rights to the
    work worldwide under copyright law, including all related and
    neighboring rights, to the extent allowed by law. You can copy,
    modify, distribute and perform the work, even for commercial
    purposes, all without asking permission.

    Description         
    English: Night Sky
    Date         29 June 2012
    Source         Own work
    Author         AceQ7
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