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Motion to Reconsider TRO

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Motion to Reconsider TRO Powered By Docstoc
					 1   Your Name Here, pro per
     Spouse Name Here, pro per
 2   12345 W. Whatever Dr.
     Phoenix, AZ 85000
 3   (602) 000-0000
     <youremail@email.com>
 4
              IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
 5                  IN AND FOR THE COUNTY OF MARICOPA
 6
                                                  ) Case no: CV2010-111111
 7   Your Name Here, pro per
     Spouse Name Here, pro per                    )
 8                                   Plaintiff,   )
            Vs.                                   )           EMERGENCY
 9   MICHAEL A. BOSCO Jr. Attorney
     at Law individually, and in his official     )
                                                      MOTION TO RECONSIDER
10   capacity as Trustee/Successor Trustee        )
     on behalf of CENTRAL                         ) PLAINTIFF’S PETITION FOR
11   MORTGAGE COMPANY,
     WILLIAM G. ROEHRENBECK,                      )
                                                      TEMPORARY RESTRAINING
12   and/or his successor, individually, and      )
     in his official capacity as PRES/CEO         ) ORDER AND PRELIMINARY
13   OF CENTRAL MORTGAGE
     COMPANY,                                     )
                                                      INJUNCTION
14   R.K. ARNOLD and/or his successor,            )
     individually, and in his official capacity   )
15   as PRES/CEO OF MORTGAGE
     ELECTRONIC REGISTRATION                      )
                                                    (TRUSTEE SALE DATE: X/XX/2010)
16   SYSTEMS, INC.,                               )
     THOMAS E. PRINCE, and/or his                 )
17   successor, individually, and in his
     official capacity as former PRES/CEO         )
18   OF DOWNEY SAVINGS AND                        )
     LOAN ASSOCIATION, F.A.,                      )
19   RICHARD DAVIS, and/or his
     successor, individually, and in his          )
20   official capacity as PRES/CEO OF             )
     US BANCORP, (F/K/A/ DOWNEY                   )
21   SAVINGS AND LOAN
     ASSOCIATION, F.A.),                          )
22   CENTRAL MORTGAGE                             )
     COMPANY,                                     )
23   US BANCORP, (F/K/A/ DOWNEY
     SAVINGS AND LOAN                             )
24   ASSOCIATION, F.A.),                          )
     MORTGAGE ELECTRONIC                          )
25   REGISTRATION SYSTEMS, INC.
     AND JOHN DOES (Investors) 1-                 )
26   10,000,                                      )
         et al,                     Defendant.    )
27
                                                  ) Assigned to Honorable Judge Name
28                                                )
 1         Your Name Here, pro per, Spouse Name Here, pro per, moves this Court to
 2   reconsider their Motion for a temporary restraining order and preliminary injunction
 3   enjoining Defendants from conducting a Trustee’s Sale, unless and until such time
 4   that the Defendants’ can establish to this Court that Defendants are qualified to act
 5   and exercise the powers and remedies of the Trustee and Beneficiary pursuant to
 6   A.R.S. § 33-801 et seq. and until such time, if any, that this Court determines the
 7   Defendants have clearly established by documentary evidence that Defendants have
 8   the right to do so, and said documents coincide with the claims in Defendants
 9   accounting documents Defendants are making to evade paying the required
10   taxes on said asset, pursuant to recently discovered evidence of Defendants’
11   fraudulent acts committed against the Internal Revenue Service (I.R.S.) in
12   furtherance of Defendants unlawful acts to divest the True Owner of the True
13   Owner’s property and Rights.
14         Plaintiff’s Motion for a temporary restraining order and preliminary
15   injunction enjoining Defendants from conducting a Trustee’s Sale are to be
16   considered as if fully set forth herein.
17         Plaintiff reserves the right to enter evidence in furtherance of this and all
18   other pleadings as evidence is discovered.
19         Plaintiff reserves the right to inform any and all government agencies of the
20   claims made by Defendants in this case.
21         Upon information and belief, Your Name Here Spouse Name Here the lawful
22   True Owner of the property (Plaintiff), believes Defendants, the fraudulent and
23   unproven purported Legal Owner of the property, are making opposing claims to; i)
24   Maricopa County, inclusive of this Court, the Recorder and other offices; and ii) the
25   Internal Revenue Service (I.R.S.).
26         In order for Defendant to promulgate their purported rights to the property in
27   question against Plaintiff, Defendants must assert the contention that they obtained
28   said rights through a Promissory Note (Note) integral to a purported Deed of Trust
                                                2
 1   signed by Plaintiff; AND that said Note is considered in Defendants accounting
 2   records reported to numerous government agencies as an asset.
 3         Plaintiff has come to believe through information and evidence discovered by
 4   examiners that Defendants have NOT listed the Note as an asset on their accounting
 5   reported to the I.R.S. Defendants cannot lawfully claim the property as an asset to
 6   one government agency and then knowingly, intelligently and willfully fail to
 7   inform other pertinent government agencies of said asset as a means to assert other
 8   rights and/or absence of liabilities, and use said claims to evade and/or avoid taxes.
 9         This single fact is good cause to support a sua sponte determination by this
10   Court that Defendants have and are committing perjury by inconsistent statements, a
11   violation of A.R.S. § 13-2705; and may even be evidence that Defendants are
12   evading taxes, a violation of U.S. law, especially Title 26.
13         Defendants cannot by law make a claim to this Court as grounds to foreclose
14   on Plaintiff’s property that the Note is their asset and simultaneously claim to the
15   I.R.S. that the Note is not an asset held by Defendants. Such claims are prima facie
16   evidence Defendants are committing numerous felonies against either this Court,
17   Arizona and Plaintiff; and/or against the I.R.S.
18         It is a functional impossibility for Defendants to not be committing at least
19   one felony in furtherance of the unlawful non-judicial foreclosure proceeding when
20   Defendants’ claim the Note is an asset for Defendants in this case and not an asset
21   when reporting their financial records to the I.R.S.
22         In the public interest and the interest of justice; and to prevent further
23   felonious acts to be committed against the I.R.S., and/or Arizona and/or Plaintiff,
24   this Court should intervene and prevent any and all actions concerning the property
25   until such a time as this Court can determine if said actions will or will not defraud
26   the I.R.S. and/or the state of Arizona and/or this Court and/or Plaintiff.
27         A stay on all actions by Defendants against Plaintiff and/or Plaintiff’s
28   property is necessary and reasonable to allow the appropriate government agencies
                                                3
 1   to discover and act to prevent the possible fraudulent and/or criminal activities
 2   before such crimes are consummated and irreparable harm caused to the public and
 3   any federal and/or state government agency.
 4         Public policy requires this Court to act to prevent crimes this Court is
 5   informed may occur from being committed against government agencies, federal
 6   and/or state, even if said crimes are only financial in nature. Accordingly this Court
 7   should base its decisions on the public policy to prevent crime and proceed with its
 8   judicial discretion to further the financial solvency of this nation and state.
 9         Plaintiff, the True Owner, does hereby cancel in perpetuity all rights of any
10   and all Legal Owners, real or not, and claims full and sole ownership of the real
11   property purchased by Plaintiff on April XX, 1993, and located at 12345 W.
12   Whatever Dr. Phoenix, AZ 85000; evidenced by a Deed of Trust recorded in
13   Maricopa County: document no. 00000000000000.
14         Any and all other claims of possession by any purported Legal Owner are
15   fraudulent and without right and were obtained through the criminal act of filing
16   false, forged and/or fraudulent documents filed in a public office as evidence by
17   the documents themselves, a felony under Arizona law A.R.S. § 39-161, and
18   others.
19         A copy of the criminal Complaint filed by Plaintiff is attached and is to be
20   considered as if fully set forth herein.
21                                     CONCLUSION
22         WHEREAS; if this Court does not prevent the unlawful foreclosure sale of
23   the property in possession of the True Owner, Plaintiff in this instant matter, by a
24   purported, unproven and fraudulently claimed Legal Owner, Defendants in this
25   instant matter; then this Court will be allowing the violation of the very foundation
26   of Trust Law by considering the rights of a purported Legal Owner as a greater right
27   than that of a True Owner. In fact, pursuant to Trust Law, a True Owner can vitiate
28   all rights of a purported Legal Owner at anytime without cause.
                                                 4
 1         WHEREAS; if this Court does not prevent the unlawful foreclosure sale of
 2   the property this Court will be furthering Defendants criminal activities against the
 3   I.R.S., the State of Arizona and Plaintiff.
 4         WHEREAS; if this Court does not prevent the unlawful foreclosure sale of
 5   the property this Court will be allowing filing of filing false, forged and/or
 6   fraudulent documents filed in a public office in Arizona as a means to defraud the
 7   Internal Revenue of the United States in violation of Title 26 on the U.S. Code,
 8   Public Policy, and the agreement between Arizona and the United States
 9   prohibiting the State Courts and/or Recorders from being used as a means to
10   divest the federal government of its rights, powers, authorities and revenue.
11         WHEREAS; Defendant’s counsel is barred from furthering any action by
12   Defendants’ if Defendant’s counsel has knowledge of the inconsistency of
13   Defendants’ accounting and/or reporting of such to any government agency.
14         WHEREAS; Defendant’s counsel’s failure to comply with A.R.Civ.P. Rule
15   5.1, and others, does not remove Defendant’s counsel’s liability for furthering
16   Defendant’s evasion of taxes and/or fraudulent reporting to this Court or the I.R.S.
17         THEREFORE; for the fore going reason Plaintiff moves this Court to
18   reconsider Plaintiff’s Motion for a temporary restraining order and preliminary
19   injunction enjoining Defendants from conducting a Trustee’s Sale and grant
20   Plaintiff’s previous request.
21         DATED: the XXth day of August, in the year of Our Lord, 2010
22
                                           BY: ____________________________, agent
23
                                                  Your Name Here, pro per
24                                          Signed reserving all my rights at A.R.S. § 47-1308

25
26                                         BY: ____________________________, agent
                                                  Spouse Name Here, pro per
27                                          Signed reserving all my rights at A.R.S. § 47-1308
28
                                                   5
 1                                CERTIFICATE OF SERVICE

 2        ORIGINAL and ONE COPY delivered to THE SUPERIOR COURT OF
     THE STATE OF ARIZONA COUNTY OF MARICOPA, this XXth day of August, 2010.
 3
 4         I HEREBY CERTIFY that a true and correct copy of the above MOTION and
     accompanying ORDER has been furnished by U.S. Mail on this XXth day of August, 2010 to:
 5
     Thomas E Prince former CEO/President
 6   of Downey Savings and Loan Association, F.A.
     205 Garnett
 7   Newport Beach, CA 92662

 8   US Bancorp, (f/k/a/ Downey Savings and Loan Association F.A.)
     c/o C T Corporation System Inc.
 9   2394 East Camelback Rd.
     Phoenix, AZ 85016
10
     Richard Davis, President/CEO, and/or his successor
11   of US Bancorp,
     BC-MN-4210
12   800 Nicolette Mall
     Minneapolis, MN 55402
13
     R.K. Arnold, President/CEO, and/or his successor
14
     of Mortgage Electronic Registration Systems, Inc.
15   1818 Library Street Suite 300
     Reston, VA 20190
16
     Mortgage Electronic Registration Systems, Inc.
17   1818 Library Street Suite 300
     Reston, VA 20190
18
19   Michael A. Bosco Jr., Attorney at Law
     c/o Tiffany & Bosco, P.A.
20   2525 E. Camelback Rd. Ste 300
     Phoenix, AZ 85016
21
     William G. Roehrenbeck President/CEO, and/or his successor
22   of Central Mortgage Company
     1501 W. Main St.
23   Littlerock, AR 72202

24   Central Mortgage Company
     c/o The Corporation Company
25   124 West Capitol Avenue, Suite 1900
     Little Rock, AR 72201
26
                                                        BY: ____________________________, agent
27                                                              WHOEVER name here
28                                                    Signed reserving all my rights at A.R.S. § 47-308

                                                      6
 1
 2
               IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
 3                   IN AND FOR THE COUNTY OF MARICOPA
 4
                                                    )
 5   Your Name Here, pro per                          Case # CV2010-111111111
     Spouse Name Here, pro per                      )
 6                                       Plaintiff, )                ORDER
             Vs.                                    )
 7                                                  )
     MICHAEL A. BOSCO Jr.,                               Assigned to Hon. Judge’s Name ____
 8     et al,                                       )
                                                    )
 9
             THIS COURT finding good cause and support;
10
             IT IS ORDERED granting Plaintiff’s Motion for a temporary restraining
11
     order and preliminary injunction enjoining Defendants from conducting a Trustee’s
12
     Sale.
13
             IT IS ALSO ORDERED that Defendants shall present to this Court
14
     evidence that they have informed the Internal Revenue Service of Defendants’
15
     claim the Promissory Note in question is considered an asset in Defendants’
16
     accounting records.
17
             IT IS ALSO FURTHER ORDERED that if Defendants have not informed
18
     the Internal Revenue Service that the Promissory Note is considered an asset in
19
     Defendants’ accounting records that Defendants immediately cease and desist all
20
     further action against Plaintiff.
21
             IT IS ALSO FURTHER ORDERED that Defendants will correct all claims
22
     and statements to the Internal Revenue Service, the State of Arizona and this Court
23
     to the extent that all such claims and statements are similar, forthwith.
24
             Dated: This ____day of ___________, 2010.
25
26                                                         __________________________
27                                                           Honorable Judge’s Name

28
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