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Old 05-29-2009, 01:40 AM
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Join Date: May 2009
Posts: 2

TRO and Representing Ourselves


What is the name of your state (only U.S. law)?

Ga. Atlanta, Fulton County

I am a builder who has an investor that is in foreclosure. I am also AIF.
I filed a TRO in the county the foreclosure is in, a rural county approx 45 minutes from downtown Atlanta. My request was granted,,I was given 120 days.

30 days later, 2 bank hired attorneys came to this rural county and had 5-6 Procedural complaints and the TRO.was lifted. I will not list them all,,but give you the most important,,
1) Bank is in FL and has no Ga offices,,this means jurisdiction is in Fulton County ,,,( No problem,,,I refile tomorrow, same complaint, a little more sophisticated since these pompous asses showed me where my weak points are,.,Thanks guys,,
2) Bank has not been paid in 2 years,,,True,,,but they completely ignore the fact they bought the loan at 90% complete and then never funded the remaining 10%,,,$26,000.!!!! Well this is what put is in arrears,,,what with the current market, we are small builders and I got cancer....Ha ha,,,I have taken quite an ass kicking,,but life is great,,,just a few hurdles
((( I am filing a lawsuit on Monday alledging this very issue,,,,this will give me my civil # which is
3) on the list...The real talkative attorney said I couldn't file a TRO first because I was acting as an attorney and 2nd because I couldn't file a TRO because there was no corresponding civil case..

And some other blah, blahs,, i will addrress them all

Here is the issue,,,,I had already worked out a short sale on the property with the bank but need more time to arrange financing, which has been difficult to find for short sales,,and because of other problems,,,( NO Construction,,,NO income...) But now I have changed to a commercial GC and am writing biz,,,,but I need a few more months to finalize,,

One more thing,,,we are preparing a Bankruptcy filing for Monday,,,if my motion is denied,,,I understand what this does and am aware of certain areas of flexibility. I would like to talk to someone by phone,,,E-mail and either send me your number or I will respond with mine,..Thanks

that gave me a
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