[Music] and then what's your name ma' uh I'm the authorized representative for Tracy Moore one of the occupants Tracy Moore occupant were you formerly known as Tracy Moore well you can say yeah okay what is this uh just wait something cool is going to [Music] happen and welcome to facts or frauds what you are witnessing is real the participants are not active HP foreclosure Solutions LLC versus occup case number L2 33511 yes that's Tracy Mo for the record for the pl Kevin 7827 all right and uh you all got switch tables ohk and Miss Moore tell us your name for the record I'm here on special [Music] visitation for that name I'm not here as myself I'm kind of doing different things well you've been known as Tracy M yeah but I don't know what that means judge if we're gonna play these games i' ask for a default ventor now I I can't I can't I can't do that just say well this com I hear I'm he was saying that if you're not Tracy more occupant and there's no other occupants here no I'm I'm not an occupant I'm I'm here because this is my home you know and it's a consumer good and it's yeah it's a consumer good yeah it's my home why I I have what are you getting consumer good from them you UCC no no what that cuz the home is not a consumer good it is it's it's where I live it's an essential consumer good yeah uh because it's where I live okay yeah so my head so what is your name just say I'm I'm here on behalf of you can't be here on behalf of anybody unless you're a lawyer the lawyers are the only people that can come on behalf of someone why don't what yeah I mean why how that's the rules some you know and occasionally if you might have some kind of court order for guardianship or something you know you might be able to appear that way but otherwise no well again I'm here on special visitation and what's a special visitation where who are you visiting well I'm visiting here but I'm not I don't know about like okay well we need to have some occupants or Tracy Moore we don't have occupants or Tracy Moore he's right there's nobody here because you you can't you cannot appear on behalf of somebody well I'm here how I'm not appearing I can't appear I'm not a ghost I'm a real woman I'm a natural person well ma' I don't know what you mean um we're looking for the real person woman natural person of Tracy Moore where is she but she can be her she what she can be here but where is she because if she's not here and we don't have anybody else that occupy the premises that are at issue then he's entitled to the F judgment CU nobody's here no I'm hearing well I'm who are you you keep saying you're on beh of somebody I don't even know who you are the case just says occupant we had somebody named Tracy came before beneficiary but what can we put a beneficiary can you be a beneficiary yeah no you have to be the person or that's occupying the premises you got to be somebody that's inside living in the premises here and nobody's here except the lawyer yeah but who are you I'll tell you that I can be Tracy you'll tell me you can I can I'll be Tracy are you Tracy for this purposes Trac more sure thank you sure all right Tracy more fantastic um your honter this uh has to do with a foreclosure of residential real property uh located in the city of Beverly Hills within this Court's Jurisdiction there was a foreclosure sale uh that commenced on um January 10th of 2023 with a emption period expiring July 10th of 2023 this case was subsequently filed um for possession of the property uh because the Redemptive amount was not tendered to HP foreclosure solution um Redeeming the property okay hold on Mr Kenan I hate to ask you to sorry you know can you start over again the Foreclosure was him when uh in J January 10th of 2023 so this year okay yes MH um the Redemption period of six months yes that was July 10th of 2023 yes no Redemptive amount was by Tracy Moore or anybody represented representing Tracy Moore it was refused um excuse me your honor um no Redemption amount was tendered to my client um and this case was subsequently filed in August of 2023 and here we are um we have I have received from the um person stating for the purposes of this hearing to be Tracy more um a um I don't know what this is a notice of payment of $3,749 197 it's clear on the face that it's not a check um it was not tender um when I asked um the young lady standing next to me um if that amount was paid um she stated that no amount was paid um because what is it that she getting I don't know it's a notice of payment under um as defined by 12 CFR section 229.3 subu um which is a non-negotiable instrument apparently um but it's not a check so no money has been Ted okay um there's a series of IRS filings that are not applicable to to anything at all I don't know if that was filed with the court but the the Crux of this is that the Redemption was not paid was not tender to my client my client has uh title vested 100% And they're seeking possession at this point is there a dispute this yeah it's a dispute it's my home okay well I'm in there what is your dispute where is the contract that I have with with HP I'm not a tenant I've been there for 8 years I have invested more than invested interest in the home it was foreclosed unlawfully and I'm filing I'm in the process of filing a court case on this I know I'm behind schedule I don't know what the schedule for that is I can say this though that I do have a sheriff's Deed from January of 2023 listing some property that uh let's was being foreclosed on that yeah unlawfully 149 38868 see what was the sale that was on the July 10 yeah Egyptian period was over in July 10 and so it was published in the legals something too some things and I don't have with me it seems to me your honor that the um lady standing to my right is trying to challenge the foreclosure and that time period has well passed and this is not the court to we're in the wrong Court no no we're not yeah because I'm not that's in okay well that's just the characterization of landlord intent but it's for anybody that's in premises where they don't have the right to possess them they can come here and the right to possess is based upon who has the deed basically and in this case they're saying they got a share de because the property was properly they claim properly forecloses to if you're challenging the Foreclosure I don't know what you're claiming that's wrong with the Foreclosure well the note was separated from the mortgage number one and you can't do that okay and that's against the law every when you purchase a home there is a promiser know and there's a d that is provided um those are two separate and distinct things we are not discussing we are discussing whether or not my client has the legal right to uh possession of that prop of this property um and that there is no defense it is it is a defense you said you filed another case about to quiet this title because you believe something is wrong with oh yeah no not I believe I have proof I have a so where's the other case P that's what I'm trying to I was trying to get down there to file it I just haven't made it but I will be there this week for sure okay because right now all I have is what they provided to me I didn't send you a copy of what I had sent them when I tendered the payment and they sent it back Well ma'am did you I don't know what you mean by payment he says it wasn't a check what was it okay it was a negotiable instrument that could have been used as a check but it was what was behind what kind of go well it was it was connected to the treasury May the treasury like the US Treasury the Michigan Treasury not the not the big one I would ask is this I'm I'm holding in my hand a document that said this is a non-cash item not a check on the top um and may approach your so you can take a look this is what we're just okay I don't know what this is it's got some numbers on it it's not drawn from bank it's not it's not a che it was gonna be drawn payable through Tracy Moore and done in good faith as her address says it's paid the HP foreclosure and it has United States treasury Pennsylvania Avenue real property for set off an adjustment and is signed by Miss Moore without recourse it says void were prohibited noncash item per 12 CFR subsection 2292 u12 and4 and it says here this is a noncash item as defined by by that section I just said of CFR and issued according to 12 CFR 2292 K3 and4 nine casom is an item that would otherwise be a check except that a passbook certification or other document is attached or it's accompanied by special instructions is request for special advice of payment or dishonor or it has not been preened pre-printed or post encoded a magnetic ink with the routing number of the make I believe in other words it's it's a piece of paper it's something a negotiable demand draft by the US Treasury a demand draft drawn on the state government or unit of General local government that's not payable through a bank okay I mean you you just I don't know what this is but you said that no money accomp accompanied this so this was I don't know when it was David June 10th it was within the time period but but but they held it and then well let me ask you this where were they supposed to cash this well they would have sent everything to the treasury it was all those the originally was everything all they had to do was just send it to the treasury and the treasury has $153,700 $3,749 and 97 it belongs to you that then they were just going to pay to them yes okay I don't see how that could happen well we we wouldn't know because they sent it back because we can't my client can't do anything with that well why when I called why didn't they say that they held it for two weeks they don't need to do anything with that it's not a payment if there was a payment they would have to accept that payment there was no so um other than your issues thinking that something's wrong with the Foreclosure itself oh yeah if I if I have a I had a securitization on done okay and it shows it and Well ma'am and the in the um I guess my question is this if I'm going to have a trial which is what today date was originally schedul for I just see some real question of fact I'm not exactly see I got a sheriff's de and I know it's a Redemption period of 6 months you got this which is to my know not any type of uh cash item and I don't see how they could where they would take it to even try to remit or cash it I mean it's like I I don't know where you got it from it says the documents of background and micro Printing and there's a artificial water mark on the reverse side I have no idea where you got this and how they were supposed to cash it need to send it in and I would like to know how how do they have title if I'm living in the home I thought n910 of it was possession I don't know what that means either I can tell you that they went through what is known to be a valid process in Michigan which is a foreclosure by advertisement that is so not constitutional and that was why I had brought up your old also to kind of make sure that I got a little uh help because you took a oath to uphold the Constitution I'm very fully willing and able and capable of doing that but where's the Constitutional issue here well this is this is a matter of Michigan Statute no but it's not a law statutes are not lost okay then what are they what do you mean what are they if they're not lost what they're all they're on the books as laws in the state so I'm not sure if they're not laws to you what are they no I mean they're laws in a sense but not laws by the Constitution they're not laws made from Congress congress makes the law ma' there's there's there's federal law and there's State yes yes but State comes from the federal no it doesn't read it comes from it do you realize you got 50 sovereign states here that can do their own thing corre and aside from what the federal government does and they do it all the time all the time what they can't do is something that is a constitutional violation of their state constitution or the Federal Constitution I don't see what this is a violation of a constitution just to foreclose on property when the pay when the bill hasn't been made but it was foreclosed unlawfully from Huntington they didn't have a right to foreclose they separated the note and that's a known fact they never recorded the note they recorded the mortgage and he not supposed to do that that was what that's what part of the affidavit said on the man um the gentan that did the audit for me that is not lawful in your honor if that's the case there was plenty of time to challenge that in the C Court um this is not for for that the time has asked for that to be challenged no it's fraud it's always a challenge and fraud you I've got some case law somewhere on the fact that you know the time to challenge these kinds of things in the forclosure would be during the time that you have Redemption it would be at the Circuit Court I mean at this point the Redemption period is over but if there's something that went wrong with it Circuit Court could could could rule on it but you don't even have a case there well I will I'm working on it well you know ordinarily I mean this would be the trial date but I just don't see where the issue of fact is that will require us to actually have a trial in this instance well I'm asking you can you give us a trial date please this is the trial date oh okay I just yeah this is the trial date and of course i' have them call witnesses if I was necessary but I don't see where it's necessary I mean all the documentation he asked looks good and you don't have any documentation that says this is not good except for your statements that you believe are accurate and if you wanted to file something you have plenty of time to file something Miss Moore to challenge this in the proper Court this court just says was there proper foreclosure you know did they follow there there's just a process there procedures you know when they file it they have to give certain notice do certain things give a Redemption time they they still didn't do that properly well what didn't they do well they were supposed to have served me and they didn't sered you or what served me of the first paperwork they were sticking stuff WR so you say it was never noticed in any kind of way it wasn't ta no I'm not saying never but I wasn't personally Serv you don't have to be personally served if they can't find you personally they have alternate means to T they didn't really but still this did you want to add something no your honor I'm just asking for a judgment to issue provided until December 7th for um all occupants of the residential property at one [Music] okay well the court is constrained to have to Grant his relief because they don't see the issue of fact here for trial uh it appears based upon the review of all the uh documentation that's been provided that there was a ballot for closure sale Redemption period has passed uh there was some type of something profer that doesn't appear to be known legal tender for for the I guess the Redemption amount and if there is any question about the Foreclosure itself or the validity of this tender I think at this point should have been uh litigated at the C cour so I'll go direct give the Judgment of possession for the plaintive I yeah and you'll have um after I sign this judgment you'll have 10 days to file an appeal the RIT date will be um if well if I have the Judgment today be December 7 and that's the appeal not new form box on the top you want me to get new judgment form what's Miss there's a the new scale form has a box that says your honor agrees and feels that this is fair um that's the only real difference between them so I I don't know doing we have a lot of these so I guess I agree because I'm signing exactly that's my point thank you okay so if you're going to appeal you need to do it before December okay all right and um you might this back to whoever it is [Music] is if you want a copy of this be downstairs okay thanks you can't fix stupid and thanks for joining us on faor frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell for notifications so the next time Premier video you can me in the live chat with everyone else and leave a comment in the comment section tell me what you think and a huge thank you to our channel members Robert Morley and D Chris Kelling goddess of Truth P to wackamole cw1 1960 existential Ang Pats cats butcher bird Westside girl reacts Jason heeden and Buddy Parker if you'd like to become a member just hit that join button right next to subscribe or click on the link in the description and if you're still hanging around thank you I appreciate appreciate you all why not hit that Thumbs Up Button subscribe and ring that Bell and also leave a comment in the comment section tell me what you 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