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Cognovit Defense MR3 Edit

Cognovit Defense MR3 Edit

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Published by Mike Rothermel

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Published by: Mike Rothermel on Jul 22, 2011
Copyright:Attribution Non-commercial

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11/28/2014

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Your Name,
 pro per 
 
 
12345 N. StreetScottsdale, Arizona 85262Phone # (602) 123-4567<
 
email@aol.com>
IN THE SUPERIOR COURT OF THE STATE OF ARIZONAIN AND FOR THE COUNTY OF MARICOPA
YOUR NAME,Plaintiff,Vs.THEIR NAMES, AND JOHN DOES 1-100, Defendant.
)))))))
Case no:__________________  
JUDICIAL NOTICEPETITION FOR TEMPORARY
 
RESTRAINING ORDER FOR;1. DEFENDANTS’ FRAUD; AND2. DEFENDANTS’ USE OF VOIDCONTRACT PURSUANT TOAMERICAN JURISPRUDENCESECOND EDITION 46 § 203 AND
 
ARIZONA REVISED STATUTES;ANDPLAINTIFF STATES THE CLAIMFOR WHICH RELIEF CAN BEGRANTED PURSUANT TO:F.R.Cv.P. RULE 12(b)(6)
Assigned to the Honorable ??????????? 
COMES NOW
, Your Name, Plaintiff, on Petition for Dismissal of the ForcibleDetainer for Defendant’s numerous acts of fraud upon this court, including withoutlimitations, Defendant’s purposeful fraud in attempting to appear as
CREDITOR 
to thishonorable court, when in fact Defendants are well aware they are not the
CREDITOR 
andtherefore
NOT the Real Party in interest
in this instant matter.It is now incumbent on this court to query Defendants as to Defendants’ lawful position in this instant matter. If Defendants refuse to stipulate and prove in open courtthat Defendants are the
CREDITOR 
in this instant matter, this court must removeDefendants from this hearing forthwith, as this court is here to settle a matter between a
CREDITOR 
and a
DEBTOR.
 12345678910111213141516171819202122232425262728
 
Accordingly, if Defendants are not the
CREDITOR 
in this Matter, thenDefendants have thus stipulated that Plaintiff MUST be the
CREDITOR 
in this matter.Defendants cannot be the
CREDITOR 
in this instant matter as Defendants NEVER risked any assets, nor are Defendants holding any assets.A
CREDITOR 
cannot be a
CREDITOR 
if they don’t hold the asset in question,
i.e.: the NOTE and/or the property
; and a
Mortgage Pass-through
 
Trusts
 , i.e R.E.I.T.,
cannot hold assets for if they do their tax exempt status is violated and the Trust itself isvoid
ab initio
.Defendant MUST NOW inform this court, the I.R.S. and the S.E.C. of their statusof either being a
CREDITOR 
and/or not being a
CREDITOR 
.Defendants own acts of fraud upon this court, Plaintiff, and the public in general arethe single cause of this paradox and absent Defendants stating the claim as
CREDITOR,
this court cannot hear from Defendants.By Law and precedent and in accordance with the Supreme Court of the UnitedStates
 pro se
Pleadings MAY NOT be held to the same standard as a lawyer’s and/or attorney’s; and whose motions, pleadings and all papers may ONLY be judged by their function and never their form.
See:
Haines v. Kerner; Platsky v. CIA; Anastasoff v.United States; Litigants are to be held to less stringent pleading standards;
 See:
Haines v. Kerner, 404 U.S. 519-421; In re Haines: pro se litigants are held toless stringent pleading standards than admitted or licensed bar attorneys.Regardless of the deficiencies in their pleadings, pro se litigants are entitled to theopportunity to submit evidence in support of their claims.
 See also:
Platsky v. C.I.A., 953 f.2d. 25; In re Platsky: court errs if court dismissesthe pro se litigant without instruction of how pleadings are deficient and how torepair pleadings.
 See also:
Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000); In reAnastasoff: litigants' constitutional (guaranteed) rights are violated when courtsdepart from precedent where parties are similarly situated.212345678910111213141516171819202122232425262728
 
I.Plaintiff hereby states the claim for which relief can be granted as follows:
 
CLAIMS:
 
1.
Defendants are not the
CREDITOR,
or an
ASSIGNEE of theCREDITOR,
in this instant matter, and accordingly, Defendants have nostanding in this instant matter. 
2.
Defendants are not the
Real Party in Interest
in this instant matter,and accordingly, Defendants have no standing in this instant matter. 
3.
Defendants did NOT put Defendants’ assets at risk in this instantmatter and therefore have no….
4.
Defendants may have only “lent credit” in this instant matter, inviolation of title __ Sec. ____????? 
5.
Defendants purposely destroyed the GENUINE ORIGINALPROMISSORY NOTE to “securitize” the NOTE.
6.
Defendants’ use of “
legalese
” in the mortgage documents
 
as a meansof converting Real Property from its true owner to Defendants is a criminalact of “conversion through fraudulent means” and therefore the mortgagedocuments are evidence of a criminal act and cannot be used by this Court inthis instant matter.
(See: Black’s Sixth; “Understand”)
RELIEF:
Defendants return the
GENUINE ORIGINAL PROMISSORY NOTE
And ALL MONEY PAID [
by Plaintiff to Defendants, with a full disclosure of accounting of such
] to Plaintiff forthwith;Accordingly; Plaintiff will relinquish ALL rights to said real propertyin question to Defendants. If Defendants
do not
STATE THE CLAIM UNDER PENALTY OFPERJURY that Defendants are the
CREDITOR 
in this instant matter,Defendants agree to accept Judgment by Default in favor of Plaintiff. If Defendants
do
STATE THE CLAIM UNDER PENALTY OF PERJURYthat Defendants are the
CREDITOR 
in this instant matter, Defendants agreeto deliver acknowledgement of such forthwith to the S.E.C. and the I.R.S.312345678910111213141516171819202122232425262728

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