Preview
FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018
I am before the court by special appearance without rights remedies or
waiving any
defenses, statutory or procedural
THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB)
Plaintiff,
-against-
Carlyne Desir, New York City Environmental Control Board, New York City Parking
Violations Bureau, New York City Transit Adjudication Bureau and "JOHN DOE 41
Through "JOHN DOE #10", the last ten names being fictitious and unknown to the
plaintiff, the person or parties intended being the persons or parties, if any, or
having
claiming an interest in or lien upon the Mortgaged premises described in the Complaint,
INDEX NO: 507782/2015
NOTICE OF MOTION AND DEMAND TO SET ASIDE JUDGMENT, FRAUD,
MISREPRESENTATION, NO JURISDICTION, NO PLAINTIFF SWORN
COMPLAINT, NO COMPETENT WITHNESS, VOID JUDGMENT, VOID
DECISION AND ORDER, NOT NECESSARY TO APPEAL AND NO STATUTE
OF LIMITATIONS, DEMAND TO DISMISS.
VOID, OBJECTION AND STRIKE TO JUDGMENT OF FORECLOSURE AND
SALE, ADDENDUM TO JUDGMENT FORECLOSURE
OF AND SALE, COST
OF PLAINTIFF, ATTORNEY'S AFFIRMATION AND DECISION AND ORDER.
DENY ALL ALLEGATIONS OF HERESAY AND DEMAND TO DISMISS WITH
PREJUDICE, NO JURISDICTION.
Civil Practice Law & Rules
Article 50 - (5001 - JUDGMENTS GENERALLY
5021)
R5015 - Relief from judgment or order.
"Fraud, misrepresentation, or other misconduct of an adverse party and lack of
order."
jurisdiction to render the judgment or
Federal Rules of Civil Procedure > TITLE VII. JUDGMENT > Rule 60. Relief from
a Judgment or Order
"Fraud (whether previously called intrinsic or extrinsic), misrepresentation, or
misconduct by an opposing party; the judgment is void
1 of 35
FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018
This is a Kangaroo courts, sham legal proceedings which are set-up in order to give the
impression of a fair legal process. A kangaroo court is any proceeding that attempts to
imitate a fair trial or hearing without the usual due process safeguards including the right
to call witnesses, the right to confront your accuser and a hearing before a fair and
impartial judge. Kangaroo court proceedings are a sham carried out without legal
authority in which the outcome has been predetermined without regard to the evidence or
to the guilt or innocence of the accused.
PLEASE TAKE NOTICE, that motion will be heard in the above captioned court. The
"defendant"
CARLYNE DESIR, duly sworn to on 4 day of April, 2018, and upon all
prior pleadings and proceedings documents herein, the undersigned will apply to this
Court at room 955 or Part to be assigned, at the Courthouse thereof, located at 360 Adams
Street, Brooklyn, New York 11201 on the 25th day of May 2018, at 9:30 Am or as soon
"defendant"
thereafter can be heard, for an order. Dismissing all causes of action against
"defendant"
CARLYNE DESIR, with prejudice, because a genuine issues of material
facts still exist. Triable issues of facts still exist and each fact is not disputed. No
Jurisdiction, complaint has been sworn by plaintiff or put under oath, no verified
complaint, FRAUD (whether previously called intrinsic or extrinsic), misrepresentation,
misconduct, lack of jurisdiction to render the judgment or order, no competent fact
witness, No Contract, original wet ink note, original mortgage subject of matter of cause
of action and unbroken chain of title, breached contract, Unjust enrichment by alleged
original lender Florida Capital Bank, N.A. DBA Florida Capital Bank mortgage and
alleged lender concealed material facts with unjust enrichment. A swap/exchange was
made with Florida Capital Bank, N.A. DBA Florida Capital Bank mortgage, no loan or
consideration was given. IOU was exchanged. The two IOU cancel out each other.
Carlyne Desir funded the alleged loan, which the bank still has not repaid for? The loan
agreement is that the party who funded the loan, per GAAP bookkeeping entries, is to be
repaid the loan. No verified summons, Demand for original Note to prove existence of
debt is not filed with the court, THE BANK OF NEW YORK Mellon FKA The Bank
New York, (CWALT 2006-31CB) email, Nicole Lyn Matthews Affidavit stating Bank of
America own the note, Nicole P. Fermminella affirmation stating they were "hired by
LLC"
Bayview Loan Servicing, for court case, Joel Abramson expired report, Fee
schedule, Fixture filing and credit Bureau delete/removal of alleged loan, Mortgage
Default insurance and Truth In Lending Disclosure, RESPA violation, UCC 3-501
violations. Furthermore, Bayview Loan Servicing, LLC and Frenkel Lambert Weiss, LLP
collectors"
are "third party debt filing fraudulent documents in Kings county court,
repeated violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.
("FDCPA") fraud and court Jurisdiction. I have NOT seen any evidence to support any
allegations to the contrary, and I believe no such evidence exists.
PLEASE TAKE FURTHER NOTICE, answer, supporting affidavits, exhibits, shall be
served and/or attached. Carlyne Desir hereby move the court to set aside judgment or
dismiss case with prejudice for FRAUD (whether previously called intrinsic or extrinsic),
misrepresentation, misconduct, lack ofjurisdiction to render the judgment or order, No
Contract, original wet ink note, original mortgage subject of matter of cause of action and
2 of 35
FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018
unbroken chain of title, Breach of contract, Unjust enrichment , TILA violations failure to
disclosure, RESPA violation, UCC 3-501 violations, repeated violations of the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692,et seq. ("FDCPA"). Furthermore, No
competent witness, complaint has been sworn put under oath, or no verified complaint.
New York Civil Practice Law and Rules § 3020 verification. Carlyne Desir object, strike
and denies ALL allegations of inadmissible hearsay.
Genuine issue of material fact and triable issues of fact, FRAUD! Once a fraud, always a
fraud! Need to see judge have a copy of his oath of office.
1. No competent witness with first hand or personal knowledge or accuser to testify to the
witness"
facts. "competent fact (ie: someone with first hand knowledge who can take the
stand under oath). Mach-Tronics, Inc. v. Zirpoli, 316 F.2d 820 (9 Cir. 1963).
Jurisdiction: Competent Witness is Necessary for conviction! Trinsey v. Pagliaro, 229
F. Supp. 647 - Dist. ED Pennsylvania 1964. NO COMPETENT NO
Court, WITNESS,
JURISDICTION, NO CASE.
2. No Contract, original wet ink note, original mortgage subject of matter of cause of
action and unbroken chain of title.
3. No subject matter jurisdiction and personal jurisdiction, court must have both. No
jurisdiction. I'm a living woman.
4. Jurisdiction: 1) Court of proper venue, judge with oath. 2).Plaintiff, sworn
complaint/Affidavit. 3). Competent witness (Rule 602. Need for Personal Knowledge,
Rule 603. Oath or Affirmation to Testify Truthfully), sworn Affidavit. 4) In Personam
Jurisdiction over the defendant.
5. No Subject Matter Jurisdiction, pleadings lack authenticated evidence, and a
competent fact witness. I cannot cross examine a document, someone must be there to
testify to the document. Court has denied me due process, the court cannot proceed, it has
lost jurisdiction.
6. FRAUD (whether previously called intrinsic or extrinsic), misrepresentation, or
misconduct by an opposing party; the judgment is void.
7. A complaint was filed by me against THE BANK OF NEW YORK Mellon FKA The
Bank New York, (CWALT 2006-31CB) for fraud, Breach of contract, TILA violations
failure to disclosure, RESPA violation, UCC 3-501 violations, repeated violations of the
Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA"). I received a
default judgment against THE BANK OF NEW YORK Mellon FKA The Bank New
York, (CWALT 2006-31CB). I also have a pending case against Frenkel Lambert Weiss,
LLP and Bayview Loan Servicing, LLC for fraud and repeated violations of the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA") etc. (Exhibits Attached
Lawsuits, BONYM Email, Bayview letter) Furthermore, I will be filing several more
lawsuit against everyone involved with the fraud as individuals and agencies (Florida
3 of 35
FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018
Capital N.A. DBA Florida Capital Bank mortgage, Bank of America, Stewart Title
Bank,
etc).
As the Court held in Haines v. Kerner, 404 U.S. 519 (1972), a pro se
unanimously
pleaded,"
complaint, "however inartfully must be held to "less stringent standards than
lawyers"
formal pleadings drafted by and can only be dismissed for failure to state a
claim if it appears "beyond doubt that the plaintiff can prove no set of facts in support of
relief.'
his claim which would entitle him to Conley v. Gibson, 355 U.S. 41,45 46 (1957).
See Dioguardi v. Durning, 139 F.2d 774 (CA2 1944).
Supreme Court Rulings "An attorney for the plaintiff cannot admit evidence into the
court. He is either an attorney or a witness". (Trinsey v. Pagliaro D.C.Pa. 1964, 229 F.
Supp. 647). "Statements of counsel in brief or in argument are not sufficient for motion to
judgment,"
dismiss or for summary Trinsey v. Pagliaro, D. C. Pa. 1964, 229 F. Supp.
647."
Frenkel Lambert Weiss, LLP Attorneys statements are hearsay, counsels do not
have personal knowledge of the note, mortgage deed or my property 1192 E46th Street
Brooklyn New York 11234.
"Lack of jurisdiction cannot be corrected by an order nunc pro tune. The only proper
office of a nunc pro tune order is to correct a mistake in the records; it cannot be used to
history."
rewrite E.g., Transamerica Ins. Co. v. South, 975 F.2d 321, 325-26 (7th Cir.
1992); United States v. Daniels, 902 F.2d 1238, 1240 (7th Cir. 1990); King v. Ionization
Int'l. Inc., 825 F.2d 1 180, I 188 (7th Cir. 1987). And Central Laborer's Pension and
Annuity Funds v. Griffee, 198 F.3d 642, 644(7th cir. 1999).
Once jurisdiction is challenged, it must be proven on the record Hagans v. Lavine,
415 U.S 533, note 3.
No Sanction can be imposed absent proof of jurisdiction Standard v. Olsen, 74 S. Ct.
768.
It is not necessary to appeal from a void order because it never became effective.
A void order is subject to collateral attack. Pendergist v. Pendergist, 267 Ark. 1114,
593 S.W.2d 502 (1980). A void judgment amounts to nothing and has no force as res
judicata."
Arkansas State Highway Commission v. Coffelt, 301 Ark. 112,... ...
"Void order be either time"
may attacked, directly or collaterally, at any In re
Estate of Steinfield, 630 N. E. 2d 801, certiorari denied, see also Steinfeld v.
Hoddick, 513 U.S. 809, (111.1994).
'void'
A order or claim has no legal effect ab initio (from the beginning/outset) and
therefore does not need to be appealed, although for convenience it may sometimes be
necessary to have it set aside (Lord Denning in MacFoy v United Africa Co. Ltd.
'voidable'
[1961] and Firman v Ellis [19781), whereas a order or claim has legal effect
unless and until it is set aside.
4 of 35
FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018
Therefore, while a void order or claim does not have to be obeyed, and can be ignored
and its can be relied on as a defence when necessary (Wandsworth London
nullity
Borough Council v. Winder [1985] A.C. 461), a voidable order or claim has to be
obeyed and cannot be ignored unless and until it is set aside.
'void'
A order can be set aside by the Court which made the order, because the Court has
inherent jurisdiction to set aside its own void order (Lord Greene in Craig v
'voidable'
Kanssen [1943]), whereas a order can only be set aside by appeal to an
appellate Court.
A void order is incurably void, and all proceedings based on the invalid claim or void act
are also void. Even a decision of the higher Courts (High Court, Court of Appeal and
Supreme Court) will be void if the decision is founded on an invalid claim or void act,
because something cannot be founded on nothing (Lord Denning in MacFoy v United
Africa Co. Ltd. [1961]).
It is never too late to raise the issue of nullity, and a person can ignore the void order or
claim and raise it as a defence when necessary (Wandsworth London Borough Council
v. Winder [1985] A.C. 461; Smurthwaite v Hannay |1894] A.C. 494; Upjohn LJ in
Re Pritchard (deceased) [1963]; Lord Denning in MacFoy v United Africa Co. Ltd.
[1961]).
Subject matter jurisdiction is that it can never be presumed, never be waived, and cannot
be constructed even by mutual consent of the parties. Subject matter jurisdiction is two
part; the statutory or common law authority for the court to hear the case and the
appearance and testimony of a competent fact witness, in other words, sufficiency of
pleadings.
Even if a court (judge) has or appears to have subject matter jurisdiction, subject matter
jurisdiction can be lost.
5 of 35
FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018
I am before the court special appearance without waiving any rights remedies or
by
defenses, statutory or procedural
THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB)
Plaintiff,
-against-
Carlyne Desir, New York City Environmental Control Board, New York City Parking
Violations Bureau, New York City Transit Adjudication Bureau and "JOHN DOE #1
Through "JOHN DOE #10", the last ten names being fictitious and unknown to the
plaintiff, the person or parties intended being the persons or parties, if any, having or
an interest in or lien upon the Mortgaged premises described in the Complaint,
claiming
INDEX NO: 507782/2015
MOTION AND DEMAND TO SET ASIDE JUDGMENT, FRAUD, NO
JURISDICTION, NO PLAINTIFF SWORN COMPLAINT, NO COMPETENT
WITHNESS, VOID JUDGMENT, VOID ORDER, NOT NECESSARY TO
APPEAL AND NO STATUTE OF LIMITATIONS, DEMAND TO DISMISS.
Black's Law Dictionary, Sixth Edition, page 1574: Void judgment.
One which has has no legal force or effect, invalidity of which may be asserted by any
person whose rights are affected at any time and at any place directly or collaterally.
A judgment void upon its face which is in legal effect no judgment at all, and by which
no rights are divested, and from which none can be obtained; and neither binds nor bars
anyone. Dollert v. Pratt-Hewitt Oil Corporation, Tex.Civ.Appl, 179 S.W.2d 346, 348.
"Judgments"
Also, see Corpus Juris Secundum, §§ 499, 512 546, 549. Black's Law
Dictionary, 4th Edition
Elliot v. Piersol, I Pet. 26 U.S. *
328, 340, 328, 340 (1828): Under Federal law which is
applicable to all states, the U.S. Supreme Court stated that if a court is "without
authority, its judgments and orders are regarded as nullities.
Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092. One
which from its inception is and forever continues to be absolutely null, without legal
efficacy, ineffectual to bind parties or support a right, of no legal force and effect
whatever, and incapable of confirmation, ratification, or enforcement in any manner or to
judgment"
any degree. Judgment is a "void if court that rendered judgment lacked
jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent
with due process.
6 of 35
FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018
Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901. See also Voidable judgment.
Judgments:_* judgments are those rendered a court which
*_Authorities on Void Void by
lacked jurisdiction, either of the subject matter or the parties.
See: Wahl v. Round Valley Bank, 38 Ariz. 411, 300 P.955 (1931) Tube City Mining &
Co. v. Otterson, 16 Ariz. 305, 146 P. 203 (1914) Milliken v. Meyer, 311 U.S.
Milling
457 , 61 S.Ct. 339, 85 L.Ed. 2d 278 (1940) A void judgment which includes judgment
entered a court which lacks jurisdiction over the parties or the subject matter, or lacks
by
inherent power to enter the particular judgment, or an order procured by fraud, can be
attacked at any time, in any court, either directly or collaterally, provided that the party is
properly before the court.
See Long v. Shorebank Development Corp., 182 F.3d 548 (C.A. 7 Ill. 1999) A void
judgment is one which, from its inception, was a complete nullity and without legal
effect.
See Lubben v. Selective Service System Local Bd. No. 27, 453 F.2d 645, 14 A.L.R. Fed.
298 (C.A. 1 Mass. 1972) A void judgment is one which from the beginning was complete
nullity and without any legal effect.
See Hobbs v. U.S. Office of Personnel Management, 485 F.Supp. 456 (M.D. Fla. 1980).
Void judgment is one that, from its inception, is complete nullity and without legal effect.
Holstein v. City of Chicago, 803 F.Supp. 205, reconsideration denied 149 F.R.D. 147,
affirmed 29 F.3d 1145 (N.D. Ill. 1992). Void judgment is one where court lacked
personal or subject matter jurisdiction or entry o
Preview
FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018 I am before the court by special appearance without rights remedies or waiving any defenses, statutory or procedural THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB) Plaintiff, -against- Carlyne Desir, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau and "JOHN DOE 41 Through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, or having claiming an interest in or lien upon the Mortgaged premises described in the Complaint, INDEX NO: 507782/2015 NOTICE OF MOTION AND DEMAND TO SET ASIDE JUDGMENT, FRAUD, MISREPRESENTATION, NO JURISDICTION, NO PLAINTIFF SWORN COMPLAINT, NO COMPETENT WITHNESS, VOID JUDGMENT, VOID DECISION AND ORDER, NOT NECESSARY TO APPEAL AND NO STATUTE OF LIMITATIONS, DEMAND TO DISMISS. VOID, OBJECTION AND STRIKE TO JUDGMENT OF FORECLOSURE AND SALE, ADDENDUM TO JUDGMENT FORECLOSURE OF AND SALE, COST OF PLAINTIFF, ATTORNEY'S AFFIRMATION AND DECISION AND ORDER. DENY ALL ALLEGATIONS OF HERESAY AND DEMAND TO DISMISS WITH PREJUDICE, NO JURISDICTION. Civil Practice Law & Rules Article 50 - (5001 - JUDGMENTS GENERALLY 5021) R5015 - Relief from judgment or order. "Fraud, misrepresentation, or other misconduct of an adverse party and lack of order." jurisdiction to render the judgment or Federal Rules of Civil Procedure > TITLE VII. JUDGMENT > Rule 60. Relief from a Judgment or Order "Fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; the judgment is void 1 of 35 FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018 This is a Kangaroo courts, sham legal proceedings which are set-up in order to give the impression of a fair legal process. A kangaroo court is any proceeding that attempts to imitate a fair trial or hearing without the usual due process safeguards including the right to call witnesses, the right to confront your accuser and a hearing before a fair and impartial judge. Kangaroo court proceedings are a sham carried out without legal authority in which the outcome has been predetermined without regard to the evidence or to the guilt or innocence of the accused. PLEASE TAKE NOTICE, that motion will be heard in the above captioned court. The "defendant" CARLYNE DESIR, duly sworn to on 4 day of April, 2018, and upon all prior pleadings and proceedings documents herein, the undersigned will apply to this Court at room 955 or Part to be assigned, at the Courthouse thereof, located at 360 Adams Street, Brooklyn, New York 11201 on the 25th day of May 2018, at 9:30 Am or as soon "defendant" thereafter can be heard, for an order. Dismissing all causes of action against "defendant" CARLYNE DESIR, with prejudice, because a genuine issues of material facts still exist. Triable issues of facts still exist and each fact is not disputed. No Jurisdiction, complaint has been sworn by plaintiff or put under oath, no verified complaint, FRAUD (whether previously called intrinsic or extrinsic), misrepresentation, misconduct, lack of jurisdiction to render the judgment or order, no competent fact witness, No Contract, original wet ink note, original mortgage subject of matter of cause of action and unbroken chain of title, breached contract, Unjust enrichment by alleged original lender Florida Capital Bank, N.A. DBA Florida Capital Bank mortgage and alleged lender concealed material facts with unjust enrichment. A swap/exchange was made with Florida Capital Bank, N.A. DBA Florida Capital Bank mortgage, no loan or consideration was given. IOU was exchanged. The two IOU cancel out each other. Carlyne Desir funded the alleged loan, which the bank still has not repaid for? The loan agreement is that the party who funded the loan, per GAAP bookkeeping entries, is to be repaid the loan. No verified summons, Demand for original Note to prove existence of debt is not filed with the court, THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB) email, Nicole Lyn Matthews Affidavit stating Bank of America own the note, Nicole P. Fermminella affirmation stating they were "hired by LLC" Bayview Loan Servicing, for court case, Joel Abramson expired report, Fee schedule, Fixture filing and credit Bureau delete/removal of alleged loan, Mortgage Default insurance and Truth In Lending Disclosure, RESPA violation, UCC 3-501 violations. Furthermore, Bayview Loan Servicing, LLC and Frenkel Lambert Weiss, LLP collectors" are "third party debt filing fraudulent documents in Kings county court, repeated violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA") fraud and court Jurisdiction. I have NOT seen any evidence to support any allegations to the contrary, and I believe no such evidence exists. PLEASE TAKE FURTHER NOTICE, answer, supporting affidavits, exhibits, shall be served and/or attached. Carlyne Desir hereby move the court to set aside judgment or dismiss case with prejudice for FRAUD (whether previously called intrinsic or extrinsic), misrepresentation, misconduct, lack ofjurisdiction to render the judgment or order, No Contract, original wet ink note, original mortgage subject of matter of cause of action and 2 of 35 FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018 unbroken chain of title, Breach of contract, Unjust enrichment , TILA violations failure to disclosure, RESPA violation, UCC 3-501 violations, repeated violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692,et seq. ("FDCPA"). Furthermore, No competent witness, complaint has been sworn put under oath, or no verified complaint. New York Civil Practice Law and Rules § 3020 verification. Carlyne Desir object, strike and denies ALL allegations of inadmissible hearsay. Genuine issue of material fact and triable issues of fact, FRAUD! Once a fraud, always a fraud! Need to see judge have a copy of his oath of office. 1. No competent witness with first hand or personal knowledge or accuser to testify to the witness" facts. "competent fact (ie: someone with first hand knowledge who can take the stand under oath). Mach-Tronics, Inc. v. Zirpoli, 316 F.2d 820 (9 Cir. 1963). Jurisdiction: Competent Witness is Necessary for conviction! Trinsey v. Pagliaro, 229 F. Supp. 647 - Dist. ED Pennsylvania 1964. NO COMPETENT NO Court, WITNESS, JURISDICTION, NO CASE. 2. No Contract, original wet ink note, original mortgage subject of matter of cause of action and unbroken chain of title. 3. No subject matter jurisdiction and personal jurisdiction, court must have both. No jurisdiction. I'm a living woman. 4. Jurisdiction: 1) Court of proper venue, judge with oath. 2).Plaintiff, sworn complaint/Affidavit. 3). Competent witness (Rule 602. Need for Personal Knowledge, Rule 603. Oath or Affirmation to Testify Truthfully), sworn Affidavit. 4) In Personam Jurisdiction over the defendant. 5. No Subject Matter Jurisdiction, pleadings lack authenticated evidence, and a competent fact witness. I cannot cross examine a document, someone must be there to testify to the document. Court has denied me due process, the court cannot proceed, it has lost jurisdiction. 6. FRAUD (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; the judgment is void. 7. A complaint was filed by me against THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB) for fraud, Breach of contract, TILA violations failure to disclosure, RESPA violation, UCC 3-501 violations, repeated violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA"). I received a default judgment against THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB). I also have a pending case against Frenkel Lambert Weiss, LLP and Bayview Loan Servicing, LLC for fraud and repeated violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA") etc. (Exhibits Attached Lawsuits, BONYM Email, Bayview letter) Furthermore, I will be filing several more lawsuit against everyone involved with the fraud as individuals and agencies (Florida 3 of 35 FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018 Capital N.A. DBA Florida Capital Bank mortgage, Bank of America, Stewart Title Bank, etc). As the Court held in Haines v. Kerner, 404 U.S. 519 (1972), a pro se unanimously pleaded," complaint, "however inartfully must be held to "less stringent standards than lawyers" formal pleadings drafted by and can only be dismissed for failure to state a claim if it appears "beyond doubt that the plaintiff can prove no set of facts in support of relief.' his claim which would entitle him to Conley v. Gibson, 355 U.S. 41,45 46 (1957). See Dioguardi v. Durning, 139 F.2d 774 (CA2 1944). Supreme Court Rulings "An attorney for the plaintiff cannot admit evidence into the court. He is either an attorney or a witness". (Trinsey v. Pagliaro D.C.Pa. 1964, 229 F. Supp. 647). "Statements of counsel in brief or in argument are not sufficient for motion to judgment," dismiss or for summary Trinsey v. Pagliaro, D. C. Pa. 1964, 229 F. Supp. 647." Frenkel Lambert Weiss, LLP Attorneys statements are hearsay, counsels do not have personal knowledge of the note, mortgage deed or my property 1192 E46th Street Brooklyn New York 11234. "Lack of jurisdiction cannot be corrected by an order nunc pro tune. The only proper office of a nunc pro tune order is to correct a mistake in the records; it cannot be used to history." rewrite E.g., Transamerica Ins. Co. v. South, 975 F.2d 321, 325-26 (7th Cir. 1992); United States v. Daniels, 902 F.2d 1238, 1240 (7th Cir. 1990); King v. Ionization Int'l. Inc., 825 F.2d 1 180, I 188 (7th Cir. 1987). And Central Laborer's Pension and Annuity Funds v. Griffee, 198 F.3d 642, 644(7th cir. 1999). Once jurisdiction is challenged, it must be proven on the record Hagans v. Lavine, 415 U.S 533, note 3. No Sanction can be imposed absent proof of jurisdiction Standard v. Olsen, 74 S. Ct. 768. It is not necessary to appeal from a void order because it never became effective. A void order is subject to collateral attack. Pendergist v. Pendergist, 267 Ark. 1114, 593 S.W.2d 502 (1980). A void judgment amounts to nothing and has no force as res judicata." Arkansas State Highway Commission v. Coffelt, 301 Ark. 112,... ... "Void order be either time" may attacked, directly or collaterally, at any In re Estate of Steinfield, 630 N. E. 2d 801, certiorari denied, see also Steinfeld v. Hoddick, 513 U.S. 809, (111.1994). 'void' A order or claim has no legal effect ab initio (from the beginning/outset) and therefore does not need to be appealed, although for convenience it may sometimes be necessary to have it set aside (Lord Denning in MacFoy v United Africa Co. Ltd. 'voidable' [1961] and Firman v Ellis [19781), whereas a order or claim has legal effect unless and until it is set aside. 4 of 35 FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018 Therefore, while a void order or claim does not have to be obeyed, and can be ignored and its can be relied on as a defence when necessary (Wandsworth London nullity Borough Council v. Winder [1985] A.C. 461), a voidable order or claim has to be obeyed and cannot be ignored unless and until it is set aside. 'void' A order can be set aside by the Court which made the order, because the Court has inherent jurisdiction to set aside its own void order (Lord Greene in Craig v 'voidable' Kanssen [1943]), whereas a order can only be set aside by appeal to an appellate Court. A void order is incurably void, and all proceedings based on the invalid claim or void act are also void. Even a decision of the higher Courts (High Court, Court of Appeal and Supreme Court) will be void if the decision is founded on an invalid claim or void act, because something cannot be founded on nothing (Lord Denning in MacFoy v United Africa Co. Ltd. [1961]). It is never too late to raise the issue of nullity, and a person can ignore the void order or claim and raise it as a defence when necessary (Wandsworth London Borough Council v. Winder [1985] A.C. 461; Smurthwaite v Hannay |1894] A.C. 494; Upjohn LJ in Re Pritchard (deceased) [1963]; Lord Denning in MacFoy v United Africa Co. Ltd. [1961]). Subject matter jurisdiction is that it can never be presumed, never be waived, and cannot be constructed even by mutual consent of the parties. Subject matter jurisdiction is two part; the statutory or common law authority for the court to hear the case and the appearance and testimony of a competent fact witness, in other words, sufficiency of pleadings. Even if a court (judge) has or appears to have subject matter jurisdiction, subject matter jurisdiction can be lost. 5 of 35 FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018 I am before the court special appearance without waiving any rights remedies or by defenses, statutory or procedural THE BANK OF NEW YORK Mellon FKA The Bank New York, (CWALT 2006-31CB) Plaintiff, -against- Carlyne Desir, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau and "JOHN DOE #1 Through "JOHN DOE #10", the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or an interest in or lien upon the Mortgaged premises described in the Complaint, claiming INDEX NO: 507782/2015 MOTION AND DEMAND TO SET ASIDE JUDGMENT, FRAUD, NO JURISDICTION, NO PLAINTIFF SWORN COMPLAINT, NO COMPETENT WITHNESS, VOID JUDGMENT, VOID ORDER, NOT NECESSARY TO APPEAL AND NO STATUTE OF LIMITATIONS, DEMAND TO DISMISS. Black's Law Dictionary, Sixth Edition, page 1574: Void judgment. One which has has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. A judgment void upon its face which is in legal effect no judgment at all, and by which no rights are divested, and from which none can be obtained; and neither binds nor bars anyone. Dollert v. Pratt-Hewitt Oil Corporation, Tex.Civ.Appl, 179 S.W.2d 346, 348. "Judgments" Also, see Corpus Juris Secundum, §§ 499, 512 546, 549. Black's Law Dictionary, 4th Edition Elliot v. Piersol, I Pet. 26 U.S. * 328, 340, 328, 340 (1828): Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is "without authority, its judgments and orders are regarded as nullities. Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092. One which from its inception is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind parties or support a right, of no legal force and effect whatever, and incapable of confirmation, ratification, or enforcement in any manner or to judgment" any degree. Judgment is a "void if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process. 6 of 35 FILED: KINGS COUNTY CLERK 04/16/2018 12:51 PM INDEX NO. 507782/2015 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/16/2018 Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901. See also Voidable judgment. Judgments:_* judgments are those rendered a court which *_Authorities on Void Void by lacked jurisdiction, either of the subject matter or the parties. See: Wahl v. Round Valley Bank, 38 Ariz. 411, 300 P.955 (1931) Tube City Mining & Co. v. Otterson, 16 Ariz. 305, 146 P. 203 (1914) Milliken v. Meyer, 311 U.S. Milling 457 , 61 S.Ct. 339, 85 L.Ed. 2d 278 (1940) A void judgment which includes judgment entered a court which lacks jurisdiction over the parties or the subject matter, or lacks by inherent power to enter the particular judgment, or an order procured by fraud, can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court. See Long v. Shorebank Development Corp., 182 F.3d 548 (C.A. 7 Ill. 1999) A void judgment is one which, from its inception, was a complete nullity and without legal effect. See Lubben v. Selective Service System Local Bd. No. 27, 453 F.2d 645, 14 A.L.R. Fed. 298 (C.A. 1 Mass. 1972) A void judgment is one which from the beginning was complete nullity and without any legal effect. See Hobbs v. U.S. Office of Personnel Management, 485 F.Supp. 456 (M.D. Fla. 1980). Void judgment is one that, from its inception, is complete nullity and without legal effect. Holstein v. City of Chicago, 803 F.Supp. 205, reconsideration denied 149 F.R.D. 147, affirmed 29 F.3d 1145 (N.D. Ill. 1992). Void judgment is one where court lacked personal or subject matter jurisdiction or entry o