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Tuesday, April 15, 2008

A New Date With the Jack Booted Thugs

Deputies in the Shelby County Sheriff's Office evidently are frustrated home decorators.

How else to explain their desire to keep coming on our property--almost certainly trespassing, given that they have no official business on our property--and decorating our garage door with taped messages.

The latest came yesterday and was notice for a new sheriff's sale of our house. (You haven't lived until you've received one of these notices. A definite day brightener.)

We recently posted that the sale of our house, set for April 7, was postponed because the clod heads who run Shelby County put down the wrong legal description of our property in their original notice of levy.

My wife is wondering if somebody lives in a house at the location that was listed on the first notice. Perhaps people showed up in droves, measuring, taking pictures, etc. My wife can only imagine the owner coming out and being told, "Hey, we're just preparing to make a bid when they auction your house." We laugh at the thought of said owner going into a frenzy and calling the Shelby County ding dongs and demanding to know what is going on. If that happened, that owner would probably have a heckuva lawsuit for emotional distress, etc. (Smile.)

The new notice of sheriff's sale is identical to the one we posted about earlier, except I guess it has the correct legal description of our property. (All I know is our address; I have no idea what the legal description of our property is--lot this, block that, etc.)

It's interesting to note this wording in the notice:

"Therefore, according to said command, I shall expose for sale at public auction, ALL THE RIGHT, TITLE, AND INTEREST of the above named Roger Shuler to the described property . . . "

Sounds like they have the right to sell my entire interest in my own home over an alleged judgment of $1,525 doesn't it?

I'm going to try, in my own unlawyerly way, to spell out all the manifest ways in which this house seizure business is unlawful. I'm also going to do a recap of all the actions that make the judgment against me--upon which this threat to seize my house is based--itself unlawful.

As for the process of seizing property to satisfy a court judgment, it seems to consist of four parts--a writ of execution, a notice of levy, a notice of sheriff's sale, the sheriff's sale itself. I will show that the Shelby County Gang That Couldn't Shoot Straight has messed it up at every level. And that doesn't even touch on the judgment itself, which Shelby County judges pulled from dark crevices under their robes. (That conjures up some disturbing images. Sorry about that.)

Let me say this: writs of execution etc. get into some pretty complicated law. It has connections to tax law, mortgage law, bankruptcy law, foreclosure law, collections law--all very pleasant subjects, and all areas that even your average lawyer doesn't know much about. These are the kinds of things that usually call for a legal specialist.

So your Unfrozen Caveman Legal Schnauzer doesn't claim to have all of the answers. But I've done enough research that I think I have a pretty good idea about what bogus stuff is going on in my situation--and what should go on in cases where a judgment and writ of execution are legitimate, which these most definitely are not.


Anonymous said...

Honestly, I don't know how you do it. I am afraid of these people.

I check your blog nearly every day. Your work is very important; you are documenting what these people are doing to us less powerful folk.

I admire your bravery and your calm, measured discussion of the facts. Yours is a smaller piece of this national/international tragedy brought to us by Republicans gone Shakespearean mad.

What can I do to help you? I think of you and your wife often. I have written about you on other blogs. I am concerned that you continue to be threatened.

You are becoming my heroes. But I'd also like to help.

legalschnauzer said...

Thanks for your kind post. Continuing to post about my situation and similar cases of injustice is probably the best thing you can do.

Spreading the word helps. Not sure if mainstream press will ever pay attention.

My case is one of many that raises this question: Does the law mean anything in the America of George W. Bush? I will show that, by law, they can't take my house or any portion of it. Doesn't mean they won't try to do something outrageous, though.

I'll admit that it's unsettling. I might come off as calmer in my posts than I really am.