Because I have more trouble with my memory when I'm not sleeping regularly, and I haven't been... I'm not sure I have this right...

but I think that someone here mentioned a lawyer in the family...

Only I just cannot remember...

I stopped being able to sleep, and as a result to think clearly, after my appeal brief was stricken, not so much because the appeals court struck it as that I did not receive the motion asking for it to be stricken... which is exactly what happened when they foreclosed and sold my condo... I got no notice.

so it's like it's all happening again.

The thing is, that I've discovered that if I put different parts of my appeal, in different colors, then it's easier for me to keep straight where I am in it...

So I'm making progress.

BUT -- I don't know how to ask for relief. I know that I need to ask to have the judgment and redemption set aside... but simply doing that is not going to restore me to where I would have been if I hadn't been denied due process last spring when the real estate market was much stronger and I would have been able to sell my condo for more than now...

plus, if I get it back, I don't want it to be in a condition that will require money to make it marketable... I would like it to be returned in the freshly painted, spotless condition it was in when the Sotheby's Realtor bought it at the auction I didn't know about until he told his co-worker who had it listed for me that he had title.

ARRRGGGHHHHHHH!!!!!!

I just don't know how to ask for relief.

Once in bankruptcy court I asked for two different things in two different ways. I asked for the $16,000 wrong, and didn't get it. I asked for $256 right, and got it.

So, I'd really like to get this right.

In the Chapter 11 case, it was a matter of asking the right questions at the hearing... so that the $256 was admitted. Whereas I simply argued for the $16,000, and therefore provided no evidence by means of the answers to questions...

I sure hope someone knows a lawyer who can give me a clue.

I'm sorry for all your going through. I realy don't know much about this type of stuff with courts. Could you though just explain your feelings and how the stress impacts your health? Maybe if you just show that it comes from your heart and share your experience they will have some compassion. Good luck!

Yes, I have put in a lot to show how my mental disability impacts what I try to do, because I think otherwise the mere fact I can do the appeal makes it seem as if I don't have a mental disability.

But in terms of the remedy... I think I have to use something from the legal language type things... I think I have to ask for a remedy in the formulistic way that legal things are... and that's what's sort of above my head right now.

I think that if there were a lawyer on a forum I go to, and the lawyer wanted to help, that the lawyer would know what I'm talking about.

I just don't know what forum that person was on... I think I remember it in blue, so that would be like this forum...

I'll just have to keep my fingers crossed in hopes of hearing.

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.

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.

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.

: )

If ...

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

then would you want to PM me?

Would you PM me? Please?

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.

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.