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Answer and Counter to Foreclosure on Personal Property

Answer and Counter to Foreclosure on Personal Property

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Published by Janet and James
Heritatge Bank (RV loan that James co-signed for his Aunt Jean) decided to foreclose on RV loan. James had 7 days to reply. We hit them with Answer and Counter along with Motion for Change of Venue, Motion to Stay Penidng Ruling on Motions, Motion to Strike Affidavit, Demand for Jury Trial
Heritatge Bank (RV loan that James co-signed for his Aunt Jean) decided to foreclose on RV loan. James had 7 days to reply. We hit them with Answer and Counter along with Motion for Change of Venue, Motion to Stay Penidng Ruling on Motions, Motion to Strike Affidavit, Demand for Jury Trial

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Published by: Janet and James on Aug 23, 2009
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11/09/2011

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IN THE STATE COURT OF DEKALB COUNTYSTATE OF GEORGIAHERITAGE BANK,Plaintiff vJAMES B. STEGEMAN,DefendantCIVIL ACTIONFILE NO: 09A11175-3DEFENDANT’S VERIFIED ANSWERS AND COUNTERCLAIM TOPLAINTIFF’S PETITION FOR WRIT OF POSSESSION
COMES NOW, James B. Stegeman Defendant and timely files
 Defendant’s Answers and Counterclaim to Plaintiff’s Petition for Writ of Possession
. Filedcontemporaneously herewith is
 Defendant’s
 
 Motion to Strike Affidavit of Thomas E. Austin, Jr.
,
 Defendant’s Motion for Appointment of Counsel 
,
 Defendant’s Motion for Change of Venue,
and
 Defendant’s Motion for Stay Pending Ruling Disposing of All of Defendant’s Pending Motions
.Defendant hereby makes a Jury Trial Demand.FIRST DEFENSE
Sufficiency of Service
SECOND DEFENSE
Defendant is not a proper party responsible for payments of the Contract asalleged by Plaintiff 
THIRD DEFENSE
Plaintiff’s Complaint fails to state a claim upon which relief can be granted.
FOURTH DEFENSE
 
Breach of express and implied warranties.
FIFTH DEFENSE
Breach of contract based upon defects.
SIXTH DEFENSE
Plaintiff’s own actions or lack of actions caused default on the loan.
SEVENTH DEFENSE
Defendant responds to each paragraph of Plaintiff’s Petition as follows:1.Defendant admits that his principal residence is 821 Sheppard Road, StoneMountain, GA 30083 in DeKalb County Georgia.2.Defendant denies the allegation and/or accuracy of allegation in paragraph two.3.Defendant admits that said “Vehicle”
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is at his residence, and in his possession.4.Defendant neither admits nor denies whether or not the Installment Contractcontains a provision pertaining to the “payment of attorney’s fees”, and/or “in additionto the payment of principal and interestwhich Plaintiff claims he “intends toenforce”. Defendant denies that he is the proper party from whom to seek attorney’sfees, in addition to payments of principal and interest, and/or any further liability.5.Defendant denies each and every allegation not specifically admitted.
DEFENDANT’S COUNTERCLAIM
Defendant listed in the Petition for Writ of Possession is not a proper partydefendant, and became a victim of Plaintiff’s negligence. Had the Plaintiff acted in a
1
Defendant herein has adopted Plaintiff’s reference to the “1998 Winnebago…” as the“Vehicle”
2
 
responsible manner, the “Vehicle” referenced 1) would have never been sold to anelderly lady and a disabled man neither of whom presented any visible means of income; 2) the debt would have been satisfied by the Guardian of Property for JeanCaffrey in 2002
2
; and/or 3) the debt would have been satisfied by the Caffrey Estate,upon her death April 2003
3
; and this matter would not be wasting this Court’s precioustime.Mr. Austin, Jr. is an attorney, licensed to practice in the State of Georgia, as anofficer of the Court and is to be held to stringent ethics. Mr. Austin, Jr. has deceivedthis Court attempting to show that Plaintiff and Mr. Stegeman aloneentered into acontract; that Mr. Stegeman is the sole party responsible for the debt; and that therehave been no related cases. All three statements would be deceitful. Plaintiff hascommitted a fraud upon this Court in an attempt to make Mr. Stegeman liable for adebt that should have been settled in 2002 or at the latest, in 2003.
BRIEF BACKGROUND
May 1998 Defendant, who is 100% Federally disabled
“Exhibit A” 
, and hiselderly aunt Jean Caffrey who, at the time was seventy-eight years old, visited JohnBleakley RV Center. A salesman talked Ms. Caffrey into buying a 1998 Winnebago.The salesman filled out the Loan Application
“Exhibit B” 
which claimed that Ms.Caffrey (principal on the loan) made $12,000 monthly and had 500K in the bank,which was untrue; the application also shows that the Defendant Mr. Stegeman (co-signer) was retired rather than disabled and made $1000 monthly.Mr. Stegeman had faith that the lender would check theircredentials and deny
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Heritage Bank was notified upon appointment of Caffrey’s Guardian of Property, JohnC. Joyner, who sold Caffrey’s house September 2002, the house was to be back-up for the “Vehicle” loan and there were substantial assets to take care of the loan, or Joyner could have petitioned the Court to take care of the “Vehicle” matter 
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Heritage Bank was notified upon Caffrey’s Death and sent a Death Certificate, HeritageBank obviously decided they would make more money not filing against the Guardian or Caffrey’s Estate; Stegeman was not Administrator, executor, personal representative, a beneficiary or heir of the Estate
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