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Thread: $107 per word?

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  1. #1
    Roy Abrahams
    Guest

    $107 per word?

    A week from today, I will be going before a judge in an action that could mean foreclosure on our home. The details are many and complex so I will spare all of you the agony of reading them here.

    Does this pertain in any way to writing? Yes. I will be presenting the court an outline of the facts involved in this action. Having no legal background, I cannot give a name to what I've written. Perhaps a brief? Under the circumstances, it matters little what name it's given. What matters is whether I have presented my case in a way that will impress the judge to see why my plea for drastically reducing the amount demanded by the plaintiff should be recognized and acted upon to my benefit. It will be a true test of my writing abilities.

    The plaintiff - an unscroupulous purchaser of trust deeds - is asking for $27,000. They undoubtedly purchased the paper for less than five thousand but in a phone call to me, they yelled that they would put us on the street if we didn't pony up the bloated figure. For well-established reasons, I said I wouldn't pay a cent toward that amount so they filed legal papers preparatory to taking the home.

    My feeling is that awarding the plaintiff $5000 will give him an equitable return on his investment. Should that figure be established, it will make my 1326 words worth $107
    each. A fine figure.

    Now, I'm not posting this to stir up a tempest in a teapot but that will probably happen; this post will bring one or two scat house lawyers into the thread with all kinds of learned charges against me. So, to those who want to exalt themselves by pretending to vast knowledge, I'll say here that your posturing will avail you nothing on my account.

    I'm simply hoping for some prayers.

    Best to all.........Roy

  2. #2
    Molly B.
    Guest

    Re: Prayers

    You've got 'em.

    Molly

  3. #3
    Glen T. Brock
    Guest

    Re: Prayers

    Roy,

    You need a lawyer right now! Do not represent yourself in court. You will lose! Don't put this off! Your property can be jerked right out from under you and sold on the courthouse steps.

    Good luck Roy!

    Glen T. Brock

  4. #4
    Thomas H. Johnson
    Guest

    Re: Prayers

    I am a lawyer. Glen is correct. You need a lawyer. If you have no lawyer friends in your area, call the state bar and ask for a referral.

    Thomas H. Johnson

  5. #5
    anteann
    Guest

    Re: Prayers

    Roy,
    I pray that you will see the light and listen to Glen and consult a lawyer immediately. Glen is right - otherwise you will lose. If you need more time, call the court and see if you can get a continuance of the case to have time to get a lawyer. It will not be a true test of your writing abilities. The judge could care less about those. You need somebody who knows foreclosure law in Oregon and can present your case.

  6. #6
    Roy Abrahams
    Guest

    Messrs Brock and Johnson

    Gentlemen:

    Your advice is appreciated as is the fact you took time to read the post and respond.

    My problem is a lack of funds needed to retain legal representation. This leaves me only to hope the judge sees the plaintiff's demand as unfair as it is and finds it appropriate to give serious consideration to my plea for what relief the court can extend me.

    Should either of you wish to read what I intend to submit, please contact me. This may be asking for pro bono advice and if it is, I withdraw the offer.

    Respectful regards..........Roy

  7. #7
    Tom
    Guest

    Re: Messrs Brock and Johnson

    Roy, several thoughts come to mind. Without reading what you have written I suggest you rely upon "equity" some terms that are used in arguing equity are" He who seeks equity must do equity. The 'clean hands doctrine' requires one who requests relief in court to come into court with 'clean hands.' If what you say is true that the plaintiff is only entitled to a sum of $5,000, seeking $20,000 is 'unclean.' Not right!
    Also, in equity the court seeks to deny 'unjust enrichment.'
    A person who is entitled to receive $5,000 and seeks $20,000 is requesting to be unjustly compensated: enriched.
    As a last resort, suggest a delay for you to look into filing bankruptcy. Usually such a suggestion will soften up the most callous plaintiff. Good Luck!

  8. #8
    Debra
    Guest

    Re: Messrs Brock and Johnson

    Roy,

    I'm a bankruptcy lawyer. Foreclosure law is complicated for a layperson. It also depends on the contractuaol agreements set forth in the trust deeds, etc.; prevailing on the equities will do you no good. No matter how pretty your words are or how nice you are, the judge is bound to follow the law. I've seen many people lose their homes. You need to hire a lawyer.

    If you don't, consider entering into a written settlement with the plaintiff before the hearing or filing for bankruptcy protection (which automatically delays foreclosure).

  9. #9
    Roy Abrahams
    Guest

    Re: Messrs Brock and Johnson

    Tom:

    I truly don't want to discuss here the issues involved. However, I will say that the issue of unjust enrichment as you lay it out is exactly the basis for my petitioning the court for awarding the plaintiff a much lower amount than the $27,000 they say is their due.

    Many thanks for your input. I see it as important.

    Regards........Roy

    royelara@oregontrail.net

  10. #10
    Tom
    Guest

    Re: Messrs Brock and Johnson

    Debra, you say: "prevailing on the equities will do you no good."
    I find that very interesting. If one 'prevails' on the equities, how will that 'do ... no good.?

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