Lawsuit Case: 276 Dominic Jermano -Vs- Nanning City Municipal Court

Lawsuit Case: 276 Dominic Jermano -Vs- Nanning City Municipal Court
DJermano Dec 01, 2013 13:23

Lawsuit Case: 276

 Dominic Jermano -Vs- Nanning City Municipal Court

November 27, 2013

 

I was told by Nanning’s Liang Qing Court in Dashatian District of Nanning to go to Nanning Middle Court in Landong District near Ming Zu Hui Zhan Lu Kou, to attend today and choose what Real Estate Company would provide the Appraisal Value also known as The Market Price Value and Worth to my house at Yinghua Jia Yuan.

             (Space for Chinese Translation)

Upon arrival, they said it was to determine The Market Price Value and Worth to the home, so that China Construction Bank may take the house and sell it at an Auction. But I would not choose anything, they were gambling with my life.

 

I Never Agree/Agreed to this and glad I did not.

 

When I entered the Court Room,Ithought I was entering a Gambling Room Casino in Macao. The Court Official was running a machine that spins out numbered balls, in which they use this gambling process to determine which Real Estate Office in Nanning will make the appraisals on troubled home mortgages in Nanning. Whichever Real Estate Office Company numbered ball wins by the Courts gambling, their Real Estate Company wins or receives 3,000 rmb from the bank after the bank sells the troubled mortgage house in an auction and divides the proceeds.

 

In other words the Court is allowing gambling to the winning Real Estate Company to decide the appraised value of a troubled house mortgage, and making the people who are in financial difficulty because of the corrupt China System to pay for it. The winning Real Estate Company then takes 3,000 rmb from the troubled home mortgage tenants after the auction..

 

I said to myself. This is how China Court and Judges administer Justice? When I asked to take pictures of this, they refused to allow me. I said why? They said it was not a Public Court. I said what? You mean you operate a Private Court? I said, “So this is how you determine if a man or woman is guilty of a crime, by spinning a numbered ball in your gambling machine?” “You spin a 4 ball for Execution and an 8 ball to go Free?” I also said, “Are you aware that China has Laws against Gambling, and yet here you are at this Municipal Court using gambling to decide the fate of troubled Real Estate Mortgage Properties.” It is clear why he would not let me take pictures, because they know what they are doing this illegal.

 

The Middle Court Official went on to say, “How does the Court decide who makes the Real Estate Appraisals?” I said “You think Real Estate Values are correct in Nanning, when they are more than double in Value in North Nanning, than they are in South Nanning? You don’t know that most of the Real Estate Offices are in North Nanning, and they give unfair market value to homes in South Nanning? You really believe a North Nanning winning ball Real Estate Office will give a fair Appraisal of a South Nanning Home, when there are literally no South Nanning Appraisal Offices?” “I am outraged, to see this happening in the Court in Nanning. I am really outraged to see yet more corruption realized in Nanning City. I am outraged how really pitiful with lack of Common Sense of Nanning Government and Court Officials.

  

And actually I am more outraged, to see Liang Qing Court is a location that is in Dashatian and working out of a Garage; instead of a Courthouse. It is pitiful to see that you would even call Liang Qing Court a Courthouse. And yet in North Nanning you spend millions of RMB to construct fancy Middle Court House locations in Landong, and treat Dashatian Court no better than a garbage dump. Shame on you Nanning Government and Huang Fang Fang

 

Nanning Government and China should have a Law that states all Real Estate Offices in Nanning or any City must submit and post the Average Home Market Price Values to homes in their area throughout that City such as Nanning, with no fee, at the Court. This means Real Estate Offices do not make money for Home Appraisals, and the Court does not run gambling machines to decide the fate in which Real Estate Companies wins gambling fees in doing an Appraisal.

 

The Nanning Government should provide the Office Space and Advertising for the Publics Access at the Courthouse to use for comparison, to value their homes, so they may sell them in the Normal Market Place. Appraisal has nothing to do with actual price of Real Estate. A home could collect much more money than the appraisal worth. It could also collect much less, because of age of decline, and lack of investment in the area.

 

Also the practice of Auctioning off Houses so Banks can collect the remaining balance of their loans should also be banned. Why? ; Because Auctioning is done because there is something wrong. The point is, if a City goes and supports auctioning, it means there is something wrong in concern to their Management and Civil Responsibility of the City Government. Auctions are done to sell used equipment,cars,or the selling of livestock. Auctions held are done with the intent of getting a lower than market bid and price paid; sold to benefit the person who gave the highest bid. China Law says they can not auction below the market price,but I assure you that the Appraisals are unfair,and their said established market value is really lower than the Market Price。

 

Other Auctions such as Art Gallery Auctions are in a different category, because Paintings are held in a Cultural artistic, custom motif of intellectual achievement and sold at sometimes very high prices.

 

But we are talking about a Real Estate Auction, so the Bank can recover its loaned money. I know that such Auctions should be illegal, because the people who are having the difficulty in paying are subjected to problems in Marriage /divorce, employment, or healthcare. And because these things are beyond their control, in which the Government has employment problems in creating jobs, and they do not have health insurance for all the people, what gives the Government the right to further punish the people for problems the Government is slow to correct? Many Marriages are now ending in Divorce because of the Employment problems, putting pressure on Courts to distribute property according to Law, and it is clear the Court System is breaking the Law in concern to this.

 

Let me also say that China Citizenry and Officials must decide which system is better for the people. It is either the China Guangxi System in which Chinese Officials and people develop relationships for doing favors or following The China Law.

 

Why do I mention this? Because it is quite clear that Chinese Officials in the Banks and Courts do not follow China Law, but follow the China Guangxi System in doing favors. This is when they do not follow China Law.

The very fact is my case, in which Chinese Officials and China Court have been discriminating against me, because I follow China Law. Also the fact is the China Banks and Court work together according to China Guangxi System instead of following the Law.

 

The Banks pressure the Court to allow Auctions and favor the gambling practice in deciding which Real Estate Company will get the $3,000rmb payment after the Auction,taken from the people who are forced into the Auction process, because of the inability of the China and Nanning Government to solve the employment problems. In fact the Appraisals are unfair, since of course Real Estate Price Appraisal Worth is decided mainly in North Nanning Londong District。

 

The Nanning and China Government will force their illegal Auctions and Bank repossessions upon individual middle class people,take their home,sell it in an Auction,get their money,and leave the remaining small sum to the Middle class that has now become the poor class people。

 

In the same conditions,the Bank and Court will not do this type of Repossession and Auction action to Real Estate Developers,such as Mr。 Lee Cong who built homes next to Yinghua School。He has at least 4-5 buildings that are vacant。We know he can not make repayment of his loans,because in order to do so, he would have sold those units and the new buildings would be occupied。The Court System does not implement repossession,or Auctions of his property,because this is the China Guangxi System of practice at work。 In fact it is quite illegal,because it is favoritism to the Rich Class。 Mr。Lee and the Bank with the Nanning Court do not force him into Auction,claiming by preventing the sale to the public will force the price of home value to increase,and the Bank and Mr。Lee will make more money。

 

This does not just happen with Mr。Lee in Nanning。It is widespread throughout China in major Cities。They favor the Rich Developers,and do not take legal action against them。They target the poor and middle class people in repossessing their homes, and subject them to the illegal Auctions,to make it appear they have a legal Court system。

 

Then the China and City Governments have unoccupied Property Development Projects with no people living in them,with their thinking that not selling them forces the value of homes and appraisals to go up。They use the theory of Low Supply of housing with high demand,creates higher Real Estate Values。But it is fake and untrue,because the supply is already there,and in fact the more supply of housing means Real Estate Value and Prices should come down。They do not like this,because it means less money for them。This is what is called GREED。

 

Since they do not sell those homes they have with the China Guangxi System with Developers,the Banks do not get their loan money returned。This means less money flowing in the Economy。When less money is in the Economy,people lose their jobs,and can not make payments on their homes to the banks。The banks then want their money from these Middle Class people,and setup this illegal Auction Process on to the people,and forcing the Regional Courts to enforce the Law,and take the homes from the people。

 In China there are many places,that are entire Cities that are Built by Developers that are unoccupied。They are called ghost cities,because no one lives there。They are vacant,because the Rich Class and Banks have refused to sell them,trying to force the price of housing upward,and creating this Evil upon China society。The China Banks go without repayment of their loans from the Developers,causing the Economy to crash,in which no money flows,and because of this middle class people lose their jobs,can not pay their loans back to the bank for homes that are occupied,and the Bank and Court force their illegal Auction Repossession action on to the people。

 

Middle Class people who are behind in their mortgage payments,should not be forced into repossession or an auction process。They should be allowed to sell the house according to the Normal Market procedure。Also the Court should not allow China Guangxi System to favor Real Estate Developers。And they should not be allowed to hold property to force price values upward。

 

It would be a good idea if people in local communities who live in older used homes to setup a housing trade deal  with Real Estate Developers,in which Real Estate Developers allow people to live in new homes,if they agree to sell their used property to the Developer for redevelopment and making of new homes in the area。The sale of their used property can be used to setup a new Bank Mortgage for the new house。

 

How is it the Court and Banks are for the Rich people,but not for all the people?

 

The Nanning Middle Court Official only wanted me to leave the premises.

 

I could not believe my eyes, but it was true. I have a witness.

 Please Note:

 

My Lawsuit Case # 276 is about Suing Nanning Court for Negligence, Economic Harm, and Personal Injury to me, for Nanning Court Breaking China Divorce Law. If Nanning Court Judge Min Yi Ting gave me and my wife a real divorce in 2011, then we would have sold the house at the Real Free Market Sale Price, and not beheld to the Corrupt Court Gambling for an unfair Appraisal and Auction process, that clearly sells house property at much lower prices. The prevention of sale has been going on for over 2 years now.

I expect Nanning Court to submit compensation to me, for their flawed Laws and breaking the China Divorce Law, which caused harm and injury to me. And after seeing what I saw today, I want at least 1 million rmb for their corruption. $1,000,000,000.00

 

The Judge said at the time of Divorce, that I can not sell the house, unless my wife agrees. I told the Judge,that is not a divorce,because a Divorce determines the fate of the house,in which according to China Divorce Law, the Man and Woman must sell the house,and divide the proceeds equally。The Judge clearly broke China Divorce Law,and the Court needs to pay me compensation for the harm and injury to me。

 

Why did the Judge do this?She did this because my ex wife and her son have their name on the Household Registry Documents。He is not even my real son. His real father died in a coal mine accident, before I came along to help them get into School. During the time I bought the house from my ex-boss Mr。Lee Cong at Yinghua School they told me not to sign certain papers because they said were my ex-wife and son Huko Papers。But they lied those papers were really the Household Registry Ownership Papers.

 

Mr。Lee is my ex-boss,because he terminated my employment immediately after the Divorce arrived。This meant I had no Visa to stay in China,in which they wanted to kick me out of China,so my wife could take legal possession of the home。Mr。Lee also refused to pay my Labor Compensation,forcing me to go to Nanning Court which lasted over 7 months。7 months with no job,or money to buy food。

 

According to my Labor Compensation Court papers, it is dated on 2012-08-16 that they gave me $18,000 rmb. The Court Official document is untrue. In fact I have evidence the Court did not give me the money until 2012-09-27 given by Ms. Lan tel: 4******, wired to my Bank Account. In fact the Liang Qing Court forged documents to make it appear Nanning Immigration Bureau could arrest me, claiming I had money, when in fact I did not.

 

Because of having no money the Nanning Immigration Bureau thinking I did have money put me in Jail on 2012-08-23, for being unable to pay the Visa Renewal Fee, Fine. They claimed I did not renew my Visa, when in fact they refused to renew it, because I was in Court waiting for the Decision from the Judge in concern to my Labor Compensation Case.

 

The point is that Nanning Court has committed harm and injury to me。 The point is who assures that the Court does not violate the Law? Who assures Court Official Documents are true; since I have the proof and evidence they are not?

Nanning Immigration arrested me,claiming I was staying in China illegal,when in fact it was them,who refused to give me a new Visa,when I applied for it。They said I could not get a new Visa until they know the outcome of the Court decision to the Labor Compensation Case。So how can they arrest me and put me in jail,because of their Law of Contradiction? They shouted at me,made me take off all my clothes,took my mobile phone and thrown into a jail cell with 10 other Chinese inmates with no private toilet or shower, and no Air Conditioning.

 

During the night, the Jail guards had to take me to the Hospital, because I was having chest pains, in which after arresting me; never thought I needed medication. They shouted at me, and physically abused me. I refused to eat for 3 days in protest, stating they can not put me in jail, without a Lawyer, without a China Court Appearance, and without seeing a Chinese Judge or Jury, who would decide if I needed to go to jail.

 

Now November 27, 2013 Nanning Immigration has a new Visa called an S2 or Personal Affairs Visa. I know that they implemented the new change, because of the Law Case I have brought before Nanning Court. I am still pursuing Legal Compensation from them, for the harm and injury Nanning Immigration did to me.

 

I have clearly provided the Court the evidence of receipts of payment from my bank account,and private loan papers I had with Mr。Lee Cong。I borrowed 15,000 rmb,promising to repay him 1,000 rmb per month。I successfully paid the private loan back to him。 The Nanning Court knows,I paid everything for that house。Yet my name is not present on the Household Registry Ownership papers。

 

I want to launch another Court Lawsuit in the near future against China Construction Bank,for not assuring my name was on the Household Registry or Ownership Papers。Why?;because I was the person who had the job and money paying for the house。

 

I assure you that China Construction Bank,knows from the thousands of Loans they give out each year for the purchase of homes,that the person who pays the money,and has the job,will have their name on the Household Ownership papers。So why did the Bank give the loan money to Mr。Lee without my name on the Household Registry also known as The Household Ownership papers?  Why did Mr。Lee Real Estate Company,purposely tell me not to sign those papers?There is only one answer, to defraud and kick the lao wei out of China.

Not only does the Nanning Court owe me Compensation for them not following China Divorce Law, but China Construction Bank is trying to defraud me, by not assuring my name on ownership papers to a loan I qualified for in buying this house at Yinghua Jia Yuan. Now because of this fraud, the bank is using the Court to try to steal the house from me, by selling it in an illegal auction, by using gambling to win an unfair appraisal administered by Nanning Middle Corrupt Court by paying off the winning ball Real Estate Company for doing a corrupt appraisal, and doing it by using my money.

 I want to also point out that China is doing away with the Huko system, and I really think they should reform the Household Registry Ownership Paper process. This means that the Bank is required by Law to make sure the person who is providing the money to buy the house, and is taking out the loan, has his or her name on the Household Registry Ownership Papers. This would include foreigners who are married to Chinese Citizens. No other persons name should be on those papers except the husband and wife. This way, problems do not to come up in concern to China Divorce Law.

 And to let the Court know, I am still under duress, with no job, and no money to support myself. It is now the Holiday Season, of Christmas,New Years, and Spring Festival。 I have no family,and I do not have the money to pay the electricity bill at this time. This will be the 2nd year I am going without having money during the Holiday. And to think that you can continue putting illegal pressure on me, to try and bait me, to accept less than correct and proper justice and reform to keep me in a poor condition, shows how poor you are in facing the truth and doing the right things to promote Truth, Justice, and China Law. What was the oath you took? To break and subvert all the Chinese Laws you come across, or to protect the public good, work against Evil, and know that when you break the law, you too are to be held accountable.

 

How can the Court System do this to me for over 2 years now? I follow the China Law, and have gone through a long list of suffering. Yet Chinese Officials break China Law, drive fancy cars, live in fancy houses, eat wonderful food,and take advantage of people who they think are uneducated.

 

China Court has committed these offenses to me:

 

1. 2011 to present: Given a fake divorce, and prevented to sell the house I bought.

 

2. Unable to pay Bank Loan, due to not having my name on the Ownership Papers.

 

3. Mr. Lee’s and Staff at Yinghua School and Exwife said the Ownership Papers were her Huko Papers, and for me not to sign.

 

4. Nanning Court willfully supports the fraud of Mr. Lee and My Ex Wife.

 

5. China Court refuses to follow China Divorce Law.

 

6. Was beat up by a fat Chinese guy, with my Ex-wife, who was breaking into my house, after China Court made it appear my ex-wife had a right to; because of the Fake Divorce. And she broke in again changing the locks and ransacking my apartment stealing many of my things, when I was prevented to enter China when I went to Hong Kong to renew my Visa.

7. Was taken to the hospital for injuries to that attack.

 

8. Was not given full compensation for the hospital fees.

 

9. Was terminated from my job, because of plans to steal my house.

 

10. I was forced to go to Court for Labor Compensation, that took over 7 months with no job, no money, and prevented to obtain a new Visa.

 

11. Was given a falsely dated Official Court Document in concern to when I was paid my Labor Compensation, after I won the case.

 

12. I was arrested, mistreated and verbally shouted at, and physically abused by Nanning Immigration Bureau, and forced into a crowded jail cell, with no WC for 3 days. I refused to eat for 3 days in protest.

 

13. I was given no lawyer, no Court Appearance, or seen by a Chinese Judge or Jury whom would determine if I should go to jail.

 

14. When given my Labor Compensation to renew my Visa, I was told I had to go to Hong Kong, by Nanning Immigration Bureau to renew it. Upon arrival they refused to renew it, and refused my re-entry back to Nanning China.

 

15. I was trapped in Hong Kong for 3 months. Hotel fees are very expensive. My money was quickly drained. I was forced to stay on a Park Bench for 45 days, including rainy days, waiting for Mr. Lee Jian Hua to honor our work contract. The Contract stated he would pay the Work Visa Fees. He never honored or paid it.

 

16. I had to borrow 4,000 rmb to get a new Visa for only 6 months. From: Grand Profit International Travel Agency. Rm: 705AA, 7F, New East Ocean Centre, 9 Science Museum Rd. T.S.T East Kowloon: Tel: 27233288. Why is it so expensive, when a 1 year Work Visa only cost 940 rmb? This Company is operated by China Security Bureau.

 

17. Total Cost for Visa Fees in 2012 and 2013 total over 11,000 rmb.

 

18. I had a great expense in moving out from Yinghua School Campus. Originally they said they would give me the Home to live in for the rest of my life. But they lied. They also cut off my Electric power, which destroyed all the food in my refrigerator. And they broke China Law, by not providing an Eviction Notice. They had 10 School Guards come break in my door, with clubs and forced me out of my home, not allowing me to take my things. Also and to this day they have stolen my teaching materials and belongings still left in my Yinghua School Classroom.

 

19. According to the Work Contract Mr. Li Jian Hua, said he would provide the living space and work space for my electric invention. He moved my things out of Yinghua Campus to YongWuLu. The movers broke and damaged my furniture. The truck had no top, and it rained that day, ruining all my furniture, and belongings. At the house on YongWulu, there was no door and missing windows. I had to pay to install, and Mr. Li refused to pay me back.

 

20. Upon the move, someone stole my Electric Bike, after I chained it to a Column beam, and put blankets and junk on top. The thieves did not steal another tenant’s bike that was not covered or locked, since mine and his were in the same garage. I know that Mr. LiJianHua had his other tenant steal my bike.

 

21. After the move of my things from Yinghua Campus Mr. Li Jian Hua, then refused to honor our Contract. It forced me to return to my House at Yinghua Jia Yuan. I had to sell all the many things that were ruined on the Move to YongWuLu.

  

22. Still unemployed for near 2 years, with no money, begging for food, from neighbors, and a Church in Hong Kong.

  

23. I must travel each month back to Hong Kong to exit China each month, according to L Visa Multiple Entry Requirements. The train fee and monthly inconvenience, is harassment.

 24. Still fearing someone will break into my house again.

 

25. China Electric Power magically turns on my Power in May, and now in September 2013 turns it off. Why are they doing this to me?

 

26. When the 4,000 rmb Visa expired, I had to close my life policy to get money to pay for another renewal for 6 months.  Now I have no Life Insurance, and can not regain my early years paid in age ever again.

 

27. China Authorities factually harass me, do not follow their own laws, and prevent me from having a job. They neither: observe or enforce the Laws of Justice against the Present China Electric Power Corporation for Air Pollution, and causing on going Environmental Air Pollution and damage.

 

28. China Authorities are trying to make me accept their plot to auction off my house, by their gambling in the Courthouse in Nanning Middle Court in Landong District. The Court Official was running a machine that spins out numbered balls, in which they use this gambling process to determine which Real Estate Office in Nanning will make the appraisals on troubled home mortgages in Nanning. Whichever Real Estate Office Company numbered ball wins by the Courts gambling, their Real Estate Company wins or receives 3,000 rmb from the bank after the bank sells the troubled mortgage house in an auction and divides the proceeds.

The Court is allowing gambling to the winning Real Estate Company to decide the appraised value of a troubled house mortgage, and making the people who are in financial difficulty because of the corrupt China System to pay for it. The winning Real Estate Company then takes 3,000 rmb from the troubled home mortgage tenants.

 

  One good thing: Nanning Immigration extended my Visa for another 6 months. It is a new type of Visa. It is an S2 or Personal Affairs Visa. There is no reentry, so I must stay in China. It cost 940 rmb.

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