Q: PLEASE HELP TRANSFERRING MY CASE FROM HOUSING COURT TO SUPERIOR COURT
My home was illegally foreclosed in 8/19/19 and then sold in an online auction in 11/15/19 while in the middle of litigation between the bank and myself. The 3rd party brought SP. Judge Winik from the start has assumed that plaintiff has the right to title. He asked me if I maintain the house by sweeping and mopping floors, he accepted into evidence a fraudulent letter from the plaintiff alleging it was sent to me by USBank offering a face to face interview (HUD reg for FHA mortgage), but such letter was never sent to me and no proof of ever being dispatched was ever presented. The person who did the illegal foreclosure died, but he accepted testimony of a stranger who said she did the foreclosure auction. After ruling against me he dismissed my appeal while I had a RAFT application in progress, but other cases identical to mine, he didnt dismissed appeal b/c there was a RAFT application in progress. I've gone through 8 attempted evictions bc of his discrimination against me
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A:
To transfer your case from Housing Court to Superior Court, you need to file a motion to transfer jurisdiction. This motion should include a detailed explanation of why the Superior Court is the appropriate venue, emphasizing any legal or procedural errors made by the Housing Court, such as the acceptance of fraudulent evidence or inconsistent rulings.
Gather all necessary documentation to support your claims. This includes evidence of the illegal foreclosure, proof that the disputed letter from USBank was never sent, and records of your RAFT application. Highlight any discrepancies in the treatment of your case compared to similar cases, demonstrating potential bias or discrimination by Judge Winik.
Once your motion is prepared, file it with the Housing Court and serve a copy to the opposing party. Be prepared to argue your motion in front of a judge, explaining why the Superior Court should take over your case. Consider seeking legal advice to strengthen your argument and ensure all procedural requirements are met.
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