In re Milasinovich

• Decision Date: 19 February 2014
• Docket Number: No. 11-13-12294 TA,11-13-12294 TA
• Parties: In re: MELANIE MILASINOVICH, Debtor.
• Court: U.S. Bankruptcy Court — District of New Mexico

In re: MELANIE MILASINOVICH, Debtor.

No. 11-13-12294 TA

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO

Entered on Docket: February 19, 2014

MEMORANDUM OPINION

In June 2012 a New Mexico state district court entered an in rem judgment against the debtor Melanie Milasinovich, foreclosing her interest in a Santa Fe house.¹ The House was sold at public auction by the appointed special master, who conveyed it to the foreclosing plaintiff. Federal National Mortgage Association ("Movant"), the subsequent owner of the House, was substituted as the plaintiff in the foreclosure action and obtained a writ of assistance to remove the Debtor from the House. The Debtor filed this Chapter 11 case before the eviction could occur.

On October 31, 2013, Movant filed a stay relief motion,² to which the Debtor objected.³ The Court held a preliminary hearing on the Motion on January 27, 2014, and a final hearing on February 12, 2014. For the reasons set forth below the Court concludes that the Motion should be granted.I. Facts

The Court finds the following facts from the evidence presented at the final hearing⁴ and by taking judicial notice of the Court's docket:⁵

1. The Debtor and Susan E. Jacques ("Jacques") purchased the House as joint tenants on or about October 2005.

2. Debtor and Jacques financed a portion of the purchase price with a loan of $412,000 from Lehman Brothers Bank, FSB. The loan was secured by a mortgage on the House.

3. In 2009 the note and mortgage evidencing the loan were assigned to Aurora Loan Services, LLC ("Aurora"), which then filed a foreclosure action against the Debtor and Jacques in the First Judicial District Court, Santa Fe County, New Mexico, commencing Aurora Loan Services, LLC v. Melanie Melasinovich, et al., cause no. D-0101-CV-2009-04076 (the "Foreclosure Action").

4. The Debtor filed a Chapter 7 bankruptcy case in this Court on June 7, 2010, no. 7-10-12868-SS. A discharge was entered and the case was closed September 21, 2010.⁶

5. On June 25, 2012, the State Court entered a Judgment (In Rem) (No Deficiency) of Foreclosure & order of Sale [sms] in the Foreclosure Action. The judgment foreclosedDebtor's and Jacques' interest in the House and ordered the House sold by a special master at a public auction.

6. The appointed special master conducted a public sale on July 30, 2012. Aurora was the successful bidder at the sale and purchased the House.⁷

7. On August 30, 2012, an order approving the special master's sale to Aurora was entered in the Foreclosure Action.

8. Aurora received and recorded the special master's deed to the House on August 30, 2012.

9. Aurora conveyed the House to Nationstar Mortgage, LLC, which in turn conveyed the House to Movant. Both deeds were recorded November 9, 2012.

10. Movant is the owner of the House.

11. Movant was substituted as the plaintiff in the Foreclosure Action, and on June 14, 2013, obtained a Writ of Assistance in Favor of Purchaser of Mortgaged Premises at Special Master's Sale (the "Writ of Assistance").

12. The Debtor filed this Chapter 11 case on July 9, 2013, before the Writ of Assistance was executed by the Santa Fe County Sheriff.

13. Movant filed the Motion on October 31, 2014. The Debtor filed its Objection on November 25, 2013.

14. The Debtor filed the following documents in this bankruptcy case within three weeks of the final hearing on the Motion:

Document Title

Filing Date

Doc.

#

Emergent Notice of Motion and Motion to Vacate January 27, 2014 Hearing

1/21/14

36

Certificate of service of Praecipe and Judgment for Rule violation

1/22/14

39

Notice of Motion and Motion exparte (sua sponte)

1/23/14

40

List of Exhibits

1/27/14

43

Special Master Appointment (Now for Then)

1/27/14

44

Notice for [Re]Moval/Withdrawal (ex parte)

1/27/14

45

Notice Subpoena Duc'es Tecum

1/27/14

46

Notice As to Declared Intent

1/31/14

51

Notice for Interlocutory Appeal and Leave not pros.

2/3/14

52

Ex Parte in Limine Notice and Motion to Recuse 1-088.1, Article 6 NM, 28 USCS Sec. 455 (sua sponte)

2/5/14

56

Ex Parte Brief in Support of in Limine Motion to Recuse 1-088.1, Article 6 NM (sua sponte)

2/5/14

57

Peremptory Election to Excuse 1-088.1, Article 6 NM

2/5/14

58

Notice for Exception, Rule 10, Rule 7(a) designation, Status Quo

2/5/14

59

Notice and Order by Equity for 26 USC § 673

2/5/14

60

Notice for First Entry Witness List

2/5/14

61

Final Notice of Deadline for Filing Objections to Praecipe for Default and Remainderman Control for 422 Mission Road, Santa Fe, 87501

2/6/14

62

3^rd Notice for Removal

2/7/14

66

Correspondence regarding Notice for Removal

2/7/14

67

De Recto Restraining Order-Estoppel to Motion for Relief From Stay

2/7/14

68

Letter to Clerk of Court regarding Final Praecipe

2/7/14

69

Notice of Docket Activity (10^th Circuit Bankruptcy Appellate Panel)

2/10/14

72

Notice for Service, Entry for Exhibits and Waiver for Time

2/10/14

74

Administrative Notice and Demand for Identification and Credentials Quo Warranto

2/11/14

79

15. The Debtor submitted the following exhibits for the final hearing, some of which are copies of documents filed in the bankruptcy case:

Document Title

Ex.

Miscellaneous correspondence between the Clerk's office and the Debtor

AA

Motion Set Date for Proof of Claims (Jury Trial Demanded), with other filed and unfiled motions, objections, and briefs

B

Notice for First Entry Witness List

C

Information for New Mexico Secretary of State regarding various corporations

D

Intervene Notice

E

Notion of Deadline for Filing Objections to Motion for Relief From Stay, and Motion for Relief From Stay

F

Copy of Bankruptcy Rule 3003

G

Order Denying Debtor's Emergent Notice, etc.

H

2012 Annual Summary and Transmittal or U.S. Information Returns

I

Receipt for filing fees for motion for Removal and Interlocutory Appeal

J

Notice as to Declared Intent

K

Notice for Lis Pendens

L

Special Master Appointment (Now for Then)

M

List of Debtor Assets and Liabilities and various bankruptcy schedules

N

Case Docket

O

Notice and Order by Equity and other court filings

P

Notice for Interlocutory Appeal

Q

Notice for [Re]Moval/Withdrawal

R

Notice Subpoena Du'ces Tecum

S

Transcript of Preliminary Hearing on Stay Relief Motion

T

Release signed by the Debtor

U

Ex Parte In Limine Notice and Motion to Recuse 1-088.1

V

Writ, Notice for Lawful Bill of Lading as Letter of Undertaking and International Bill of

W

Exchange

Transcript of conversations between Debtor and U.S. Trustee's office officials

X

Praecipe for Default

Y

Peremptory Election to Excuse

Z

16. Many of the documents the Debtor filed in recent weeks are incomprehensible.⁸ Included among the documents are the following excerpts:

Special Master Appointment, Now for Then; Whereas: Know ye by these presents that on this day twenty five January the year two thousand fourteen a gentleman and chancellor held in the highest esteem commonly known as amicus curiae and uncommonly referred to as amicus, received the appointment as special master for case number 11-13-1224tA and all matters relating to said instant case; and

Special master endowed with all liberty, duty and ability to discharge official duties, overstand the Office for Judge and Office for Clerk in aforementioned matters; and

The special master has lawful venue and jurisdiction that includes protection for the estate "sacred way", a.k.a. Melanie Anna Milasinovich, the property, goods,fixtures, addresses and accounts so related or attached . . .13-1224tA against all encumbrances as including but not limited to the following:\;

One: Make sure matters do not get out of hand; and

Two: View the Judges Oath in chambers displayed in plain view (not hidden in a file or drawer); and

Three: Contract the Office for Judge and Oath given by David T. Thurma to uphold and protect the Estate and all assets for said estate; and

Four: Form instant ad hoc rules, assembly or committee as needed to protect estate assets; and

Five: Gain access to all records from any public official, trustee, public civil servant, private bank upon verbal or written request for command for said public or private person to immediately provide information to the Special Master; and

Six: Command the Judge recuse him/her self; and

Seven: Command the bailiff, sheriff or marshal as the Special Master deems necessary to uphold and protect the Occupant for Special Masters Office.⁹

* * *

NOTICE! ! ! The aforementioned, hereinabove words are presumed to be a private communication to all those acting in a public forum against the private estate equity. All liberties are reserved by and for the equity. Additionally, the status quo for Melanie as the equity did not and has not changed by presenting words in a form or formulae similar to the Federal Court. All letters and words are presented without prejudice therefore and thereby keeping her private usufruct intact as merging with the accounts now held by united states bureau of fiscal services a.k.a. bureau of public debt a recent bankruptcy entity as shown by the restart for the federal government ending a fiscal 2013 insolvent receivership. All presumed debt reverts back to the source state as now recouped by the equity for offset against public insurance by 26 USC § 673 - Reversionary interests.¹⁰

* * *

The secured party MELANIE MILASINOVICE ESTATE states with extreme prejudice office for judge has been excluded, excused, the cause no: No: 13-12294-t11 and No: 13-12294-TA has moved; andThe office for Judge, office for agent and persons supporting said offices are responsible to the secured party for causing duress, violation for their individual and separate Oath of Office, Oath for professional conduct; and

Presentment for herein stated witness list as Exhibit "D" is INCLUDED by separate entry named therein as Entry for Exhibit List as attachment hereto. Persons viewing said list must view the Exhibit "D" as a partial but important list for

...