STATE OF MICHIGAN 36TH DISTRICT COURT

Plaintiff, THE BANK OF NEWYORK MELLON FKA THE BANK OF NEW YORK, as Trustee TROTT & TROTT P.C. Donald J. King (P55358) Primary Attorney Ryan Barr P68047 31440 Northwestern Hwy, Suite 200 Farmington Hills, Michigan 48334-2525
(248)-723-6452

Case No. 12-314765 LT Honorable: David S. Robinson Jr. (P24413)

_________________________________________/
V

Defendant, RUDOLPH MOORE and all other occupants 12651 Old Mill Pl Detroit, MI 48238-3248 ___________________________________________/ MOTION REQUESTING STAY OF PROCEEDINGS AND/OR EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER TO STAY
NOW COMEs Defendant and for his Motion Requesting Stay of Proceedings and/or Emergency motion for temporary restraining order to stay, state as follows: (1) (2) This is an action for possession following a mortgage foreclosure sale. Defendant is the mortgagor on a recorded mortgage for the subject property, wherein Plaintiff was the mortgagee or its assignee and, upon information and belief, was the unsuccessful bidder at the Sheriff Sale conducted on (3) (4) On or about November 9, 2011, a Judgment of possession was entered against the Defendants.

Subsequent to entry of said Judgment, Rudolph Moore, applied for a loan modification which was
not completed properly by Plaintiff and Rudolph Moore his agents engaged in negotiations with Plaintiffs agents for the purchase of the subject property to lease the subject property to the Defendant to avoid another abandoned property being vandalized .

(5)

Rudolph Moore and his agents have diligently pursued said purchase and have fully

complied with all requests made of them and, upon information and belief, said purchase has been approved by Plaintiff.
(6)

In reliance upon said negotiations and approval, Rudolph Moore has not vacated the subject property.

(7)

Despite all of the above, Rudolph Moore has reason to believe that plaintiffs agents handling these eviction proceedings have not been notified of Defendants agents purchase negotiations and approval and accordingly may intend to erroneously proceed with an actual eviction.

(8)

In light of Rudolph Moores reasonable reliance on the negotiations and subsequent approval, she is entitled to an order Staying Execution of the Order of Eviction (Writ of Restitution) to either permit her agents to close on the transaction or to additional time to vacate the premises. Wherefore, Defendant requests that this Honorable court enter an Order Staying the Proceedings and/or the Order of eviction until such time as the Court can conduct a hearing on this issue.

Respectfully submitted,

Date: July 30, 2012

_________________________________________
Rudolph Moore

STATE OF MICHIGAN 36TH DISTRICT COURT

Plaintiff, THE BANK OF NEWYORK MELLON FKA THE BANK OF NEW YORK, as Trustee TROTT & TROTT P.C. Donald J. King (P55358) Primary Attorney Ryan Barr P68047 31440 Northwestern Hwy, Suite 200 Farmington Hills, Michigan 48334-2525
(248)-723-6452

Case No. 12-314765 LT Honorable: David S. Robinson Jr. (P24413)

_________________________________________/
V

Defendant, RUDOLPH MOORE and all other occupants 12651 Old Mill Pl Detroit, MI 48238-3248 ___________________________________________/

PROOF OF SERVICE Rudolph Moore, In Pro Per Defendant, states that on July 30, 2012, served a copy of Defendants MOTION REQUESTING STAY OF PROCEEDINGS AND/OR EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER TO STAY proposed Order and this Proof of Service upon the parties listed in the case caption above, by enclosing copies of same in envelopes properly addressed, and by depositing said envelopes in the United States Mail with postage thereon having been fully prepaid.

Date: July 30, 2012

_________________________________________ Rudolph Moore

STATE OF MICHIGAN 36TH DISTRICT COURT Plaintiff, THE BANK OF NEWYORK MELLON FKA THE BANK OF NEW YORK, as Trustee TROTT & TROTT P.C. Donald J. King (P55358) Primary Attorney Ryan Barr P68047 31440 Northwestern Hwy, Suite 200 Farmington Hills, Michigan 48334-2525
(248)-723-6452

Case No. 12-314765 LT Honorable: David S. Robinson Jr. (P24413)

_________________________________________/
V

Defendant, RUDOLPH MOORE and all other occupants 12651 Old Mill Pl Detroit, MI 48238-3248 ___________________________________________/

NOTICE OF HEARING
At a session of the Court held in the City of Detroit, Wayne County, Michigan, on:______________

David S. Robinson Jr. (P24413)

Honorable presiding

The Court having reviewed Defendant Rena Hinton Motion Requesting Stay of Proceedings and/or Execution of Order of Eviction, explicitly noting that time being of the essence based upon potential for eviction prior to ability to conduct formal hearing and the Court being otherwise fully advised of the premises;

IT IS ORDERED that these proceedings any Order of Eviction previously entered are hereby stayed until further order of this Court; IT IS FURTHER ORDERED that all parties shall appear on ________________________ at ______ a.m. / p.m. To show cause why said stay should not remain in effect to either permit the parties to close on the transaction or to afford Defendant reasonable additional time to vacate the premises.

________________________________________ Honorable: David S. Robinson Jr. (P24413)

District Judge