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Old 08-29-2007, 01:14 PM #1
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Originally Posted by jarrett622 View Post
Just a thought....but you might want to edit your thread title. Such as Legal Question...need help, etc. That might get the person's attention...the one you're looking for.

Hope you're able to get the help you need. Have you talked to legal aid?
Oh... you know, that's a good idea. I don't think it's possible to edit the title, though...

The legal aid in New Mexico is ... pretty bad.

I've called them several times and they've told me my problems are too complex. because of the privy pit.

I think I probably have a cause of action against the state, except that I didn't file a tort claim notice. I filed one against the city because their inspectors allowed the building.

But even aside from New Mexico's legal aid telling me my problem was too complex, after I found out that my condo had been foreclosed and sold with no notice to me of the judgment, I called legal aid to find out about redemption.

They said that the time counted from the auction. But that is wrong because in New Mexico the case law sets the date of sale as the date the court confirms the sale.

So they totally misled me.

And also, there was no redemption here for the mortgagor because the appeals court had decided that the first to file won. Well, since I didn't know about the sale, I couldn't be first at that point, and since the judge gave the order confirming sale to the real estate agent's lawyer to file and he filed the agent's petition directly after, I sure wasn't able to be first then, either.

Hence my appeal.

Now that I'm using different colors to keep the different issues separate visually, it's going along better.

But I really think I need to find out how I should ask for relief, how I need to say the remedy...

Thanks so much for your input. Appreciate it.
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Old 08-29-2007, 01:22 PM #2
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I have a legal situation going on...nothing as desperate as yours sounds. Mine involves my youngest daughter and her paternity. Finding good help is difficult and since I can't afford a lawyer I'm stuck with legal aid or nothing. Any kind of legal trouble is enough to raise stress and anxiety levels sky high. I hope and pray you get the relief you need and deserve. It sounds like you're doing all the right things and that you've got a good understanding of your situation and that's half the battle.
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Old 08-29-2007, 05:44 PM #3
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Thank you.

I hope you do, too.

I used to use ... I forget the name of it... out of someplace in Oklahoma.

PrePaid Legal Services.

But boy... that was spotty help, too. And the completely incompetent lawyer I hired used to also be hired by the $250 an hour PrePaid Legal lawyer to do the actual work, behind the scenes. So how good was that? They say you get a discount if you use them, but if you get the worst lawyer and a tiny discount from a most expensive lawyer... I don't think that sounds very hopeful.

I think the main thing is sticking with it, and following the rules and keeping the deadlines.

And... in certain cases you have to get the words right and the procedures right.

Like the questions thing...testimony vs argument.

I wish there were a good legal forum on the net, but they are all dedicated to profit for some lawyer or group of lawyers... and it's so frustrating.

I wish there were a good pro se legal forum.

: )
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Old 08-29-2007, 07:16 PM #4
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If ...

if you read this and recognize that I must mean you...

then would you want to PM me?

Would you PM me? Please?
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Old 08-29-2007, 07:40 PM #5
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Default Hi

I have a brother who is retired in Mi. My Daughter is a lawyer,in Or.
And a neice and nephew in Maryland. Do you mean medicaid or SSI.
My brother knows Mi. law and only practiced there.. My Daughter
in Mo.and Or. My N and N practice in Mi,Mo. Maryland and Wash. I
use to hear Relief but i believe you mean Medicaid or SSI,could you
let me know....Sue Do you have a college with a law school buy you.
some have 4th yr. residents and teacher do free legal work. But i can
ask,no promices.
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Old 08-29-2007, 08:17 PM #6
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Oh, wow.

No, it's not ssdi or ss.

It's a long story because my condo was built over a privy pit and that caused some of the health problems I have now.

Only the specific thing is that they foreclosed and sold my condo in late 2005 and 2006 without notice to me of the foreclosure judgment.

They also failed to hear my Motion for Accommodation Under the ADA, Title II.

And, there were some violations of the automatic stay.

So, I think there's a fair chance that I will win my appeal.

But, the lawyer for the real estate agent who got all my equity by bidding at the auction that I knew nothing about, and then being allowed to redeem, while I wasn't... wrote that my appeal brief: "Does not contain a precise statement of the relief sought."

Since I had written asking to "set aside" the judgment and redemption... I think I need to say more than that. Especially since if that was all that was done, and I was placed back at the juncture from a year and a half ago, I no longer have the money to redeem or even to reinstate the mortgage. And in addition, the real estate market is not as healthy now as then, so by selling I would not, or may not, get as much, nor as quickly.

I don't know how to say all of that. I don't know what words to use.

Boy, I would really appreciate some help with this.

Thank you sooooo much.

I understand that all you can do is ask.

But, that's really good.
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Old 08-29-2007, 08:23 PM #7
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Default Yes Use your friends and relatives mercilessly...

Someone has to know something about some of the stuff you are dealing w/in a different state...Funny, specialists in some quarters are very small 'circles of governance' =COG's...Usually someone in another state will KNOW of someone relevant in your state...The key legally is finding those DRATTED KEY WORDS!...Especially frustrating when you don't know what the language is? Never ever turn your nose up from pseudo advice or a name you could call and ASK plainly if this is their COG? Worst that can happen is a non-response or a NOPE CAN't HELP...then YOU can ask, any ideas of WHO?WHAT TYPE of expert I need? go from there...Lots of phone time, but freebies are just that, free...
DO NOT EVER, get into that mental trap that 'now that I'm sick, I can't do anything right! You are sick, you have to pace yourself, but, you can organize yourself better [even with colors?] than you ever did in a stressful professional life 'cause you can blot out many working distractions and CONCENTRATE on that which is necessary....
I have faith in you, and I see others do as well. - j
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Old 08-29-2007, 08:32 PM #8
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Quote:
Originally Posted by dahlek View Post
Someone has to know something about some of the stuff you are dealing w/in a different state...Funny, specialists in some quarters are very small 'circles of governance' =COG's...Usually someone in another state will KNOW of someone relevant in your state...The key legally is finding those DRATTED KEY WORDS!...Especially frustrating when you don't know what the language is? Never ever turn your nose up from pseudo advice or a name you could call and ASK plainly if this is their COG? Worst that can happen is a non-response or a NOPE CAN't HELP...then YOU can ask, any ideas of WHO?WHAT TYPE of expert I need? go from there...Lots of phone time, but freebies are just that, free...
DO NOT EVER, get into that mental trap that 'now that I'm sick, I can't do anything right! You are sick, you have to pace yourself, but, you can organize yourself better [even with colors?] than you ever did in a stressful professional life 'cause you can blot out many working distractions and CONCENTRATE on that which is necessary....
I have faith in you, and I see others do as well. - j

COG's I love it, I never heard that before.

Yes, for sure. It's the key words. It's like a secret language. "set aside" is like that. So is the standard of review language: "abuse of discretion" and "error" but it has to be a specific kind of error... I have it in my appeal, I just forget.

Because it's an appeal, I think it probably runs about the same throughout the states because I remember when I read about "standards of review" the standards were for all the states.

Thank you Dahlek, I appreciate the vote of confidence.

If I knew what "key" words to use, I might be able to find something on the internet.

But so far I haven't found the key words... beside "set aside"... damages? maybe? but then... do I have to say what they consist of? I know in bankruptcy court when I did violation of stay things, I had to identify specific damages... actual damages. But I know that in some other circumstances that to mention specific things sort of invalidates it...

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