What I have learned in helping my sister with her foreclosure offensive battle is you must get the state foreclosure or eviction process moved over to the federal court. Once we moved my sister’s case over to federal court we had complete control and the federal court ordered the attorneys to respond to my sister’s motion for summary judgment. We moved the attorney’s state foreclosure over to the federal court, and then we moved her 20-million dollar lawsuit over to the federal court.
Next, we filed a motion for summary judgment for the new 20 million dollar lawsuit my sister filed. The attorney failed to respond to the new lawsuit because they thought that had it in the bag. We filed for summary judgment because 75 days passed since the attorneys were served.
Now we use the fact we were suing the state court judge as to the reason for the federal court’s jurisdiction. The fact of the matter is you can use the facts in the jurisdictional challenge with an affidavit to move the state court case over to the federal court in the interest of justice.
Two Ways To Move A State Case Over To The Federal Court:
- You can move a state court case over to the federal court using the court rule. The court rule is very liberal and carries more weight than their fake-ass statute.
- You can try and move a state case over to the federal court using their statute, which restricts you to move the case in the 1st 30-day it was filed.
- The attorneys will argue the removal was improper because it is in conflict with their statute. Remember the court rule trump the statute because the court rules are in line with the constitution
Steps To Do This:
If you invested in one of my lawsuit packages you should have a notice of removal document, or you can make one.
- Google move state case to federal court, and you should get the court rule for moving their state case over to the federal court. You would start with something like this: come now Jan Doe, to move this state case over to the federal court pursuant to state court rule 2.88. state court rule.
- Attach a copy of the attorney’s state foreclosure petition/complaint to your notice as an exhibit and file it in the federal court.
- Once the notice of removal is file-stamped in the federal court, state court no longer has jurisdiction!
- Now the attorneys will be ordered to respond to your pleadings in the legal time frame.
- Now you should not have to pay to move their case cause it was already paided for, that said my sister paid because she ws very nervous about the b.s. the attorneys were trying to pull, If you don’t have time to argue pay and move the case asap.