Motion To Reopen Case

http://rcxloan.com/Motion_to_Change_Venue_of_Civil_Cases.htm

“A good name is more desirable than great riches; to be esteemed is better than silver or gold.” - Proverb 22:1

Praises & Thanks be unto The Lord My God for the wisdom, knowledge and understanding on legal matter because I received countless feedbacks from folks facing foreclosure and bankruptcy around the United States as follows:

Comments: "I have been inundated with TILA questions. So I went out hunting to see if anyone had already written about it in terms that a lay person might be able to understand. What I found is shown below. I believe it to be generally correct and the citations are good citations of law. See this site for the entire write-up. It should give most lay people an idea on how to handle this and it will be valuable to your lawyer if he/she is not totally familiar with the TILA context at the following link:" http://rcxloan.com/Civil_Action_BK_Motion_14.htm. Statement made by Attorney at Law, Neil F. Garfield, M.B.A., J.D.

A STORY TO THINK ABOUT
“Once upon a time in the Ancient Roman Empire, 27 BC, there were two men living in Jerusalem. One was named Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, a rich man whose land was worth close to $700 billion in today‘s money; the other, Mr. Augustin, a farmer whose land was worth $300,000. One day, Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust asked Mr. Augustin to give him his land, that he may have it for a vegetable garden. But, Mr. Augustin said to Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, “The Lord forbid me that I should give to you the inheritance of my fathers”.

When Jezebel, the wife of Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, heard what Mr. Augustin said to him. She said, don‘t worry love, I will take care of the matter? Arise, eat bread, and let your heart be joyful; I will give you Mr. Augustin‘s land. So, Jezebel wrote letters in Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust’s name and seal them with his seal and sent letters to the elders and to the nobles who were living in Jerusalem. Now she wrote in the letters, saying, proclaim a ‘relief of stay trial’ in the absence of Mr. Augustin. Then, issued a decree that Mr. Augustin’s land is now Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust.

So the men of Jerusalem, the elders and the nobles did as Jezebel had sent word to them, just as it was written in the letters which she had sent them. Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust take possession of Mr. Augustin’s land which he had refused to give. The sad part is that Mr. Augustin was forced off his land illegally and fraudulently. Mr. Augustin left with nothing and forced to seek refuge from Jerusalem to a land called ‘Fairfax, Virginia’ to start from scratch. Whereas, Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust became more wealthy with the unwarranted possession of his and hold more than $700 billion of assets as a result.

Questions? Why was Mr. Augustin absent in the relief of stay trial? Why did the elders and the nobles just do as Jezebel asked them? Let us all fast forward in 2008, what do you think the elders and the nobles should have done differently?”
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UNITED STATES DISTRICT COURT OF MASSACHUSETTS

Pierre Richard Augustin, PRO SE )
Plaintiff, )
)
v. ) 06-10368
)
Danvers Et Al, )
Defendants(s). )

MOTION OF CLARIFICATION IN REPONSE TO
AMERIQUEST AND OTHER DEFENDANTS’ OPPOSITION

Plaintiff, as an outsider of courtroom litigation, who has no other option but to seek justice from the District Court, ponders and reflects on the following oath that every federal judge takes to uphold the Constitution of the United States:

''I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.”

Your Honor, the public has an interest in the orderly administration of justice. Public policy favors the proper adjudication of claims. (See U.S. v. Premises and Real Prop. At 4492 S. Livonia Rd., F. 2d 1258, 1263 (2d Cir. 1989) ( requiring notice and adversarial hearing for property forfeiture actions to comply with due process, when the property is a home)( Id. At 1264, quoting United States v. Single Family Dwelling, Civ. No. 85-0246-F, slip op. at 38 (D. Mass. Nov. 26, 1986, Report and Recommendation of Magistrate); see also U.S. v. All Assets of Statewide Auto Parts, Inc., 971 F. 2d 896, 902 (2d Cir. 1992) (a claimant’s interest in his home merits special constitutional protection).

At the conclusion of the bankruptcy hearing on August 23, 2007, Plaintiff’s [Right and Left Hands] were tied behind his back. Not only was Plaintiff’s property rights deprived, but, he was also ordered and refrained explicitly not to file or get involved in any more suits (see attached order) without permission of the Bankruptcy Judge. Thus, Plaintiff was suppressed from taking the only 2 viable course of actions or options (Les Injusta Non Est Lex):

Right Hand Option
1. The Free will to file an appeal of the adversary proceeding that was dismissed on August 23, 2007 which would have been considered as a continuation of litigation and constituted a violation of the order of the Bankruptcy Judge.

Left Hand Option
2. The Free will to file an action in the housing court in Massachusetts to exercise his civil rights for requesting a stay of being evicted from his primary residence while his related cases at the First Circuit Court of Appeals were pending which would have been considered a continuation of litigation and constituted as a violation of the order of the Bankruptcy Judge.

Thus, Plaintiff was in a double jeopardy position. In order to comply with the Bankruptcy Judge’s order (see attached order), he was forced to let his civil rights be silenced by 1) forfeiting the appeal of the adversary proceeding decision and 2) forfeiting the eviction proceeding at the Northeast Housing Court (Case #: 07-H77SP002756) in Lowell, Massachusetts of September 2007.

Essentially, Plaintiff’s goal of reuniting his families at his primary residence in Lowell, Massachusetts was shattered and gone forever. Thus, having exhausted all avenues to remain in his primary residence, instead of staying in Massachusetts and be classified as a homeless, Plaintiff had no choice but to move and to join his wife and children in to the state of Virginia whereby he is trying his hardest to get a fresh start. That is why Plaintiff made the request to move the case.
Respectfully Submitted,

Pierre R. Augustin, Pro Se
CERTIFICATE OF SERVICE

I hereby certify that a true copy of this motion in response to Ameriquest’s opposition was mailed to the attorneys for Ameriquest, Danversbank, Old Republic National Insurance, Land America Commonwealth and to the U.S. District Court of Massachusetts, on November 28, 2007. (Case #: 06-10368)

X ________________________Pierre R. Augustin, 3941 Persimmon Drive, #102
Fairfax, VA 22031

VERIFICATION

I, Pierre R. Augustin, hereby depose and state as follows:

1. I am Pierre R. Augustin, represented by self.

2. I have read the foregoing Appeal filed herein and knowing the contents thereof have found that the allegations of fact set forth therein are true of my own personal knowledge, except as to those allegations based on information and belief which I believe to be true.

Signed under the penalties of perjury this ________day of ____________2007.


X ________________________________

STATE OF _______________________________COUNTY OF

_____________________________

On this _____ day of __________, 2007, before me, the undersigned notary

public, personally appeared ___________________________, proved to me

through satisfactory evidence of identification, which was

__________________________________________________, to be the person

whose name is signed on the preceding or attached document, and acknowledged

to me that s/he signed it voluntarily for its stated purpose.

______________________________
Notary Public
My Commission Expires:
(SEAL)

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it's FREE, there is no obligation whatsover...! Sincerely, Pierre R. Augustin, MPA, MBA

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