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Motion to Quash Execution and Judgment
Filed April 11, 2017

Motion to Quash Execution and Judgment


COMES NOW, Defendants, Charles and Donna Nickerson, to defend our interests in our property from an action that has arisen from fraud, misrepresentation, concealment, fraudulent suppression of material facts, bad faith, breach of trust, breach of contract, abusive debt collection practices, and other such criminal and malicious intent. We hereby move this Court to quash execution and judgment. As detailed throughout the record and in our Response in Opposition to Set Aside Stay and Issuance of Writ and Order of Sale and our Motion for Sanctions, Chase and PHH have obtained their summary judgments based upon contradictory and intentionally fraudulent and misleading statements. They have purposefully and maliciously misled the District Court, and Judge Griffin prejudicially manipulated the proceedings and issued judgment in their favor. They have created irregularities which render the underlying judgment void. Therefore, we call on this Court to use its inherent authority to quash execution and judgment.

AUTHORITY

(N.Y.) Execution will be stayed by order of court to prevent fraud or great injustice, either perpetually or for a definite time – Lansing v. Orcott, 16 Johns. 4.

Every court has power to watch over the execution of its judgments, and, where its process has been irregularly or fraudulently executed, to quash it. (Ala. 1880) Rhodes v. Smith, 66 Ala. 174; (Md. 1875) Schultze v. State, 43 Md. 295; (Vt. 1837) Mattocks v. Judson, 9 Vt. 343; (Va. 1795) Hendricks v. Dundass, 2 Wash. 50.

American Digest 1658 – Present (Century Edition, Volume 21 1st Decennial – 11th Decennial) Part 447. Grounds and Part 467. Grounds.

            This Court not only has the inherent power and authority to quash execution and judgment, in the interest of justice, it is its duty to quash it.

CONCLUSION

As we have demonstrated in our Response in Opposition to Set Aside Stay and Issuance of Writ and Order of Sale and our Motion for Sanctions, and numerous other pleadings before this Court, Chase and PHH have obtained judgments through concealment, deception, and fraud. Therefore, in the interest of justice, this Court must quash execution and judgment.

Wherefore, we request execution and judgment be quashed, and that we be allowed to pursue all of our claims against Chase and PHH.

Oral argument requested




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