Answer to Foreclousre and Order for Remedy

7/29/2019 Answer to Foreclousre and Order for Remedy

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(B) Form. A summons must be issued "In the name of the people of the State ofMichigan," under the seal of the court that issued it. It must be directed to thedefendant, and include

(A) Service; When Required.(1) Unless otherwise stated in this rule, every party who has filed a pleading,

an appearance, or a motion must be served with a copy of every paperlater filed in the action. A nonparty who has filed a motion or appeared inresponse to a motion need only be served with papers that relate to thatmotion

(B) Service on Attorney or Party.(1) Service required or permitted to be made on a party for whom an

attorney has appeared in the action must be made on the attorney exceptas follows

(D) Proof of Service. Except as otherwise provided by MCR 2.104, 2.105, or2.106, proof of service of papers required or permitted to be served may be bywritten acknowledgment of service, affidavit of the person making the service, astatement regarding the service verified under MCR 2.114(B), or other proofsatisfactory to the court. The proof of service may be included at the end of thepaper as filed. Proof of service must be filed promptly and at least at or before ahearing to which the paper relates.

Rule 2.109 Security for Costs(A) Motion. On motion of a party against whom a claim has been asserted in acivil action, if it appears reasonable and proper, the court may order theopposing party to file with the court clerk a bond with surety as requiredby the court in an amount sufficient to cover all costs and otherrecoverable expenses that may be awarded by the trial court, or, if theclaiming party appeals, by the trial and appellate courts. The court shalldetermine the amount in its discretion. MCR 3.604(E) and (F) govern objectionsto the surety.


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(C) Designation of Cross-Claim or Counterclaim. A cross-claim or a counterclaimmay be combined with an answer. The counterclaim or cross-claim must beclearly designated as such.(1) A responsive pleading is not required to a cross-claim or counterclaimthat is not clearly designated as such in the answer.(2) If a party has raised a cross-claim or counterclaim in the answer, but has notdesignated it as such, the court may treat the pleading as if it had been properlydesignated and require the party to amend the pleading, direct the opposingparty to file a responsive pleading, or enter another appropriate order.(3) The court may treat a cross-claim or counterclaim designated as a defense,or a defense designated as a cross-claim or counterclaim, as if the designationhad been proper and issue an appropriate order.

(B) Statement of Claim. A complaint, counterclaim, cross-claim, or third-party complaint must contain the following:(1) A statement of the facts, without repetition, on which the pleaderrelies in stating the cause of action, with the specific allegationsnecessary reasonably to inform the adverse party of the nature of theclaims the adverse party is called on to defend; and(2) A demand for judgment for the relief that the pleader seeks. If thepleader seeks an award of money, a specific amount must be stated if the claimis for a sum certain or a sum that can by computation be made certain, or if theamount sought is $25,000 or less. Otherwise, a specific amount may not bestated, and the pleading must include allegations that show that the claim iswithin the jurisdiction of the court. Declaratory relief may be claimed in casesof actual controversy. See MCR 2.605. Relief in the alternative or relief ofseveral different types may be demanded(C) Form of Responsive Pleading. As to each allegation on which the adverseparty relies, a responsive pleading must(1) state an explicit admission or denial;(2) plead no contest; or(3) state that the pleader lacks knowledge or information sufficient to form abelief as to the truth of an allegation, which has the effect of a denial.

(F) Defenses; Requirement That Defense Be Pleaded.


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(1) Pleading Multiple Defenses. A pleader may assert as many defenses, legal orequitable or both, as the pleader has against an opposing party. A defense is notwaived by being joined with other defenses.(2) Defenses Must Be Pleaded; Exceptions. A party against whom a cause ofaction has been asserted by complaint, cross-claim, counterclaim, or third-party

claim must assert in a responsive pleading the defenses the party has againstthe claim. A defense not asserted in the responsive pleading or by motion asprovided by these rules is waived, except for the defenses of lack of jurisdictionover the subject matter of the action, and failure to state a claim on which reliefcan be granted. However,(a) a party who has asserted a defense by motion filed pursuant to MCR 2.116before filing a responsive pleading need not again assert that defense in aresponsive pleading later filed;

(b) if a pleading states a claim for relief to which a responsive pleading is notrequired, a defense to that claim may be asserted at the trial unless a pretrialconference summary pursuant to MCR 2.401(C) has limited the issues to be tried

Rule 2.112 Pleading Special Matters(B) Fraud, Mistake, or Condition of Mind.(1) In allegations of fraud or mistake, the circumstances constitutingfraud or mistake must be stated with particularity.(2) Malice, intent, knowledge, and other conditions of mind may bealleged generally.(C) Conditions Precedent.

(1) In pleading performance or occurrence of conditions precedent, it is sufficientto allege generally that all conditions precedent have been performed or haveoccurred.(2) A denial of performance or occurrence must be made specifically and withparticularity.

(E) Action on Written Instrument.(1) In an action on a written instrument, the execution of the instrument and thehandwriting of the defendant are admitted unless the defendant specificallydenies the execution or the handwriting and supports the denial with an affidavitfiled with the answer. The court may, for good cause, extend the time for filingthe affidavits.(2) This subrule also applies to an action against an indorser and to a partyagainst whom a counterclaim or a cross-claim on a written instrument is filed.(F) Official Document or Act. In pleading an official document or official act, it issufficient to allege that the document was issued or the act done in compliancewith law.


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(G) Judgment. A judgment or decision of a domestic or foreign court, a tribalcourt of a federally recognized Indian tribe, a judicial or quasi-judicial tribunal, ora board or officer, must be alleged with sufficient particularity to identify it; it isnot necessary to state facts showing jurisdiction to render it.(H) Statutes, Ordinances, or Charters. In pleading a statute, ordinance, or

municipal charter, it is sufficient to identify it, without stating its substance,except as provided in subrule (M).(I) Special Damages. When items of special damage are claimed, they must bespecifically stated.

(J) Law of Other Jurisdictions; Notice in Pleadings. A party who intends torely on or raise an issue concerning the law of

(1) a state other than Michigan,(2) a United States territory,(3) a foreign nation or unit thereof, or(4) a federally recognized Indian tribemust give notice of that intention either in his or her pleadings or in awritten notice served by the close of discovery.Rule 2.113 Form of Pleadings and Other Papers(A) Applicability. The rules on the form, captioning, signing, and verifying ofpleadings apply to all motions, affidavits, and other papers provided for by theserules. However, an affidavit must be verified by oath or affirmation.(B) Preparation. Every pleading must be legibly printed in the English language intype no smaller than 12 point.

(C) Captions.

(1) The first part of every pleading must contain a caption stating(a) the name of the court;(b) the names of the parties or the title of the action, subject to subrule (D);(c) the case number, including a prefix of the year filed and a two-letter suffixfor the case-type code from a list provided by the State Court Administratorpursuant to MCR 8.117 according to the principal subject matter of theproceeding;(d) the identification of the pleading (see MCR 2.110[A]);(e) the name, business address, telephone number, and state bar number of thepleading attorney;(f) the name, address, and telephone number of a pleading party appearingwithout an attorney; and(g) the name and state bar number of each other attorney who has appeared inthe action.


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(2) The caption of a complaint must also contain either (a) or (b) as astatement of the attorney for the plaintiff, or of a plaintiff appearing without anattorney:(a) There is no other pending or resolved civil action arising out of thetransaction or occurrence alleged in the complaint.

(b) A civil action between these parties or other parties arising out of thetransaction or occurrence alleged in the complaint has been previously filed in[this court]/[_____ Court], where it was given docket number _____ and wasassigned to Judge _____. The action [remains]/[is no longer] pending.(3) If an action has been assigned to a particular judge in a multi-judge court,the name of that judge must be included in the caption of a pleading later filedwith the court.

(D) Names of Parties.(1) In a complaint, the title of the action must include the names of all theparties, with the plaintiff's name placed first.(2) In other pleadings, it is sufficient to state the name of the first party on eachside with an appropriate indication of other parties, such as "et al."(E) Paragraphs; Separate Statements.(1) All allegations must be made in numbered paragraphs, and the paragraphs ofa responsive pleading must be numbered to correspond to the numbers of theparagraphs being answered.(2) The content of each paragraph must be limited as far as practicable to asingle set of circumstances.

(3) Each statement of a claim for relief founded on a single transaction or

occurrence or on separate transactions or occurrences, and each defense otherthan a denial, must be stated in a separately numbered count or defense.(F) Exhibits; Written Instruments.(1) If a claim or defense is based on a written instrument, a copy of theinstrument or its pertinent parts must be attached to the pleading as an exhibitunless the instrument is(a) a matter of public record in the county in which the action is commenced andits location in the record is stated in the pleading;(b) in the possession of the adverse party and the pleading so states;(c) inaccessible to the pleader and the pleading so states, giving the reason; or(d) of a nature that attaching the instrument would be unnecessary orimpractical and the pleading so states, giving the reason.(2) An exhibit attached or referred to under subrule (F)(1)(a) or (b) is a part ofthe pleading for all purposes.(G) Adoption by Reference. Statements in a pleading may be adopted byreference only in another part of the same pleading.


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Rule 2.114 Signatures of Attorneys and Parties; Verification; Effect;Sanctions(A) Applicability. This rule applies to all pleadings, motions, affidavits, and otherpapers provided for by these rules. See MCR 2.113(A). In this rule, the term"document" refers to all such papers.

(B) Verification.(1) Except when otherwise specifically provided by rule or statute, a documentneed not be verified or accompanied by an affidavit.(2) If a document is required or permitted to be verified, it may be verified by(a) oath or affirmation of the party or of someone having knowledge of the factsstated; or(b) except as to an affidavit, including the following signed and dateddeclaration: "I declare that the statements above are true to the best ofmy information, knowledge, and belief."In addition to the sanctions provided by subrule (E), a person who knowinglymakes a false declaration under subrule (B)(2)(b) may be found in contempt ofcourt.(C) Signature.(1) Requirement. Every document of a party represented by an attorney shall besigned by at least one attorney of record. A party who is not represented by anattorney must sign the document.

(2) Failure to Sign. If a document is not signed, it shall be stricken unless itis signed promptly after the omission is called to the attention of the party.(D) Effect of Signature. The signature of an attorney or party, whether or not theparty is represented by an attorney, constitutes a certification by the signer that

(1) he or she has read the document;(2) to the best of his or her knowledge, information, and belief formed afterreasonable inquiry, the document is well grounded in fact and is warranted byexisting law or a good-faith argument for the extension, modification, or reversalof existing law; and(3) the document is not interposed for any improper purpose, such as to harassor to cause unnecessary delay or needless increase in the cost of litigation.(E) Sanctions for Violation. If a document is signed in violation of this rule, thecourt, on the motion of a party or on its own initiative, shall impose upon theperson who signed it, a represented party, or both, an appropriate sanction,which may include an order to pay to the other party or parties the amount ofthe reasonable expenses incurred because of the filing of the document,including reasonable attorney fees. The court may not assess punitive damages.(F) Sanctions for Frivolous Claims and Defenses. In addition to sanctions underthis rule, a party pleading a frivolous claim or defense is subject to costs asprovided in MCR 2.625(A)(2). The court may not assess punitive damages.

Rule 2.115 Motion to Correct or to Strike Pleadings


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(A) Motion for More Definite Statement. If a pleading is so vague orambiguous that it fails to comply with the requirements of these rules, anopposing party may move for a more definite statement before filing aresponsive pleading. The motion must point out the defects complained of andthe details desired. If the motion is granted and is not obeyed within 14 days

after notice of the order, or within such other time as the court may set, thecourt may strike the pleading to which the motion was directed or enter an orderit deems just.(B) Motion to Strike. On motion by a party or on the court's own initiative, thecourt may strike from a pleading redundant, immaterial, impertinent, scandalous,or indecent matter, or may strike all or part of a pleading not drawn inconformity with these rules.

Rule 2.116 Summary Disposition(A) Judgment on Stipulated Facts.(1) The parties to a civil action may submit an agreed-upon stipulation of facts tothe court.(2) If the parties have stipulated to facts sufficient to enable the court to render

judgment in the action, the court shall do so.(B) Motion.

(1) A party may move for dismissal of or judgment on all or part of a claim inaccordance with this rule. A party against whom a defense is asserted may moveunder this rule for summary disposition of the defense. A request for dismissalwithout prejudice under MCL 600.2912c must be made by motion under MCR2.116 and MCR 2.119.

(2) A motion under this rule may be filed at any time consistent with subrule (D)and subrule (G)(1), but the hearing on a motion brought by a party asserting aclaim shall not take place until at least 28 days after the opposing party wasserved with the pleading stating the claim.


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Caption Page:

Title: Responsive Answer to complaint invoking equitable defenses; counterclaimby motion for summary judgment and just remedy based on the preponderanceof the evidence.

1.Responsive Answer to complaint

Plaintiff ofCase number comes to equity with unclean hands. Plaintiffscomplaint is not under oath, nor even signed by plaintiff, and I am not bound toanswer false accusers. I demand plaintiff testify to the validity of their claimunder oath or be found in contempt of court.

2.

Plaintiffs complaint is far to vague for a reasonable man to determine whatevidence is the basis of their complaint and as owner of property in dispute I lackknowledge or information sufficient to form a belief as to the truth of the

allegation. I demand to know by what authority the plaintiffs filed this complaintand their attested evidence entered into the record.

3.

Motion:counterclaim for summary judgment and order for swift justice and just remedybased on maxims of equity and the preponderance of self-authenticating (full

proof) evidence in the form of public record.

counterclaim by owner ofALL CAPS , Estate

Comes now the owner ofALL CAPS, Estate whose real full name is Last, FirstMiddle for equitable relief and just remedy in the matter of unjust claims ofplaintiffs and others unknown to me concerning ownership rights, title andinterest in certain real and personal properties of this owner.


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4.Equity will not suffer a wrong without a remedyOwner believes plaintiffs or their agents, learned in the law, officers ofcorporations bound by solemn oath, may have acted in bad faith. A color of lawprocess and unexecuted contracts are being used against this owner to deseizehim/her ofhis/her property, under the name of a fictitious plaintiff, which couldbe construed as fraud. 5.Equity will not permit a statute to be used as an instrument of fraudOwner believes certain instruments have not been lawfully executed inaccordance with laws of the land as part of a scheme to control the rights titleand interest of owners land, real and personal property described on aninstrument titled Warranty Deed deposited in the office of the REGISTER OFDEEDS in the county of xxxxxxxxxxxxxxxxx, Book xxxxxx page xxxxxxx onDATE, as well as DEED OF TRUST deposited in the office of the REGISTER OFDEEDS in the county of xxxxxxxxxxxxxxxxx, Book xxxxxx page xxxxxxx on DATEas may be required by certain statutes to secure owners claim of right andabsolute title in said properties.

These instruments are self-authenticating (full proof) evidence already recordedin this county. Extracts of the warranty deed (exhibit A) and deed of trust(exhibit B.) evidencing properties in dispute, and signatures of parties of interest

have been included to facilitate this courts decision.

6.

Equity regards as done that which out to be done:Third parties involved as agents have not executed their fiduciary duties as partof the closing of the bona fide purchase contract known as the Warranty Deed toinsure it was properly recorded transferring good title into the hands of owner,resulting in a form of joint tenancy between owner and third parties of unknownidentity.

As grantee on the Warranty deed previously referenced, I accept andacknowledge grantors desire to convey this owner good title back to the originalland patent, which was to be evidenced by the Title Deed being delivered intomy hand.

Owner request the discretion of this competent tribunal in a court of equity bycourt order to compel the immediate specific performance and lawful execution


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of the purchase contract known as a Warranty Deed, and the good Title Deed tothe land as well as the rents collected for the owner as tax being placed in thisowners hand.

7.

Equity will not assist a volunteer:The Warranty Deed indicates that the grantor granted and conveyed the landand real property described on its face and said grantors recordedacknowledgment of receiving good and valuable consideration in satisfaction ofthe purchase contract is evidenced by the included Warranty Deed.

This owner was compelled by the deceit of those learned in the law that a loanwas required between this owner and a lender evidenced on the included Deedof Trust as part of the land purchase by Warranty Deed, upon which the lenderclaims to be loaning this owner the lenders money. Owner is lead to believethere is no recorded bona fide lien for a loan of money, nor any otherconsideration given by lender.

Said DEED OF TRUST has not been acknowledged by the lender or trustee ofrecord resulting in an unexecuted bilateral agreement with which the lender, orsuccessors now claims as an equitable mortgage over the real and personalproperty of owners landed estate: (Your ALL CAPS.) It was not the ownersintention for this to be a gift, or an unexecuted use held in trust under control ofthe lender as a binding unilateral contract.

Therefore I revoke the deed of trust, and ask for injunctive relief by court orderto have my securities, their conversion and gain returned to the use of theowner.

8.

He who seeks equity must do equity:Owner wishing to insure equity is given too and by all parties of interest openlyadmits not being learned in fictional forms of law. Owner fully comprehends andstands under the laws of his redeemer the Lord Christ Jesus; ask that ifnecessary to insure a transaction made in good faith is properly executed,counsel learned in the law be appointed to counsel the owner.

As other instruments of indebtedness appear to be claimed against the land, realand personal property of this owner there is a possibility these instruments arealso done in bad faith. Owner ask that all records, books and accounts with fullaccounting as they apply to owners landed estate (Your ALL CAPS.) be


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subpoenaed as evidence to determine and establish Owners rights, title andinterest in them.

9.

Owner believing it is his duty to the King of kings to point out transgressions ofhis law has brought this counterclaim into the court of equity. As the court hasnow been made aware I leave it in the hands of a competent tribunal, thekeeper of his conscience, to see that swift justice is done in his name.

I declare under the penalties of perjury that this petition has been examined byme and that its contents are true to the best of my information, knowledge, andbelief

Date: ____ Day of ________________ A.D. _______

____________________________________________________Owners signature:

____________________________________________________Printed Real Full Name: (Last, First Middle)

_________________________________________________________Address: Road number and Name

____________________________________________ _____________

Another Caption Page for Order.

Order of Summary Judgment; swift justice and just remedy

This counterclaim coming to be heard on owner ofALL CAPS, Estate motion forsummary judgment; swift justice and just remedy against plaintiffs attempt touse color of law process and unclean hands to enforce an imperfect gift and thecourt finding no material issue of fact has been raised; it is hereby ordered thatsummary judgment in the favor of owner is granted, and Title deed, securitiestheir conversion and gain as well as rents collected for owner be placed in thehands of the owner ofALL CAPS, Estate.


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Further it is ordered that a special master expert in real estate law shall beappointed to owner, whose full real name is Last, First Middle , of ALL CAPS,Estate to insure said owner receives full and complete relief in equity by way ofnatural justice to establish for the record the owners superior rights, title and

interest to all of his property, and the protection of his god given rights.

Answer to Foreclousre and Order for Remedy

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Transcript of Answer to Foreclousre and Order for Remedy