standing fast for liberty. Gal. 5:1
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Words from the Rising Republics

COST OF CHILDREN

 

THE PRICE OF CHILDREN FATHER’S DAY ACCOUNT

HOW ABOUT 3 GIRLS AND A BOY?

I have repeatedly seen the breakdown of the cost of
raising a child, but this is the first time I have
seen the rewards listed this way.  It's nice, really
nice!  The government recently calculated the cost of
raising a child from birth to 18 and came up with
$160,140 for a middle income family. Talk about
sticker shock!  That doesn't even touch college
tuition.

But $160,140 isn't so bad if you break it down.  It
translates into:
* $8,896.66 a year,
* $741.38 a month, or
* $171.08 a week.
* That's a mere $24.24 a day!
*Just over a dollar an hour.

Still, you might think the best financial advice is
don't have children if you want to be "rich."
Actually, it is just the opposite.  What do you get
for your $160,140?

* Naming rights.  First, middle, and last!
* Glimpses of God every day.
* Giggles under the covers every night.
* More love than your heart can hold.
* Butterfly kisses and Velcro hugs.
* Endless wonder over rocks, ants, clouds, and warm
cookies.
* A hand to hold, usually covered with jelly or
chocolate
* A partner for blowing bubbles, flying kites,
building sand castles, and skipping down the sidewalk
in the pouring rain.
* Someone to laugh yourself silly with, no matter what
the boss said or how your stocks performed that day.

For $160,140, you never have to grow up.  You get to:
* finger-paint,
* carve pumpkins,
* play hide-and-seek,
* catch lightning bugs, and
* never stop believing in Santa Claus

You have an excuse to:
* keep reading the Adventures of Piglet and Pooh,
* watch Saturday morning cartoons,
* go to Disney movies, and
* wish on stars.

You get to:
* frame rainbows, hearts, and flowers under
refrigerator magnets and
* collect spray painted noodle wreaths for Christmas,
* hand prints set in clay for Mother's Day, and
* cards with backward letters for Father's Day.

  For $160,140, there is no greater bang for your buck.
You get to be a hero just for:
* retrieving a Frisbee off the garage roof,
* taking the training wheels off a bike,
* removing a splinter,
* filling a wading pool,
* coaxing a wad of gum out of bangs, and
* coaching a baseball team that never wins but always
gets treated to ice cream regardless.

You get a front row seat to history to witness the:
* first step,
* first word,
* first bra,
* first date, and
* first time behind the wheel.

You get to be immortal.  You get another branch added
to your family tree, and if you're lucky, a long list
of limbs in your obituary called Grandchildren and
great grandchildren.

You get an education in psychology, nursing, criminal
justice, communications, and human sexuality that no
college can match.

In the eyes of a child, you rank right up there under
God.  You have all the power to heal a boo-boo, scare
away the monsters under the bed, patch a broken heart,
police a slumber party, ground them forever, and love
them without limits, so one day they will, like you,
love without counting the cost.

That is quite a deal for the price!

Love and enjoy your children and grandchildren. What a
bargain! !

“Lo, children are an heritage of the LORD: and the fruit of the womb is his reward.” PSALMS 127:3. Who cares what the world thinks? I love the children the LORD gave me.

"Criminal Enterprise"

 

Haywood Jackson Mizell                                                                     May 24, 2017

4518 Woodledge Drive

Montgomery, AL 36109

 

Wells Fargo Home Mortgage

P.O. Box 10335

Des Moines, IA 50306-0335

ATTN: Derek Martin

Executive Mortgage Specialist

Customer Care and Recovery Group

 

Subject: Request for instrument surrender Account 708-0128507779

 

Mr. Derek Martin,

 

This letter responds to your letter dated May 17, 2017. It is amazing the confession by Wells Fargo of altering the agreement by adding 708 and “WITHOUT RECOURSE” (MISC 282 294). Every such agreement is private as ruled by SCOTUS. No State of Federal law can impair the obligation of the parties to the agreement.

 

Let be simple. Wells Fargo Bank, N. A. refused pre-payment. See Apostilled Affidavit of commitment by James B. Graham confirming that prepayment was refused.

 

See Certified letter dated January 9, 2012 (7010 2780 0001 0041 7172). (MISC 282 295). No source of funds was identified for Homeland Security.

 

The Law is clear. The foreclosure was wrongful based in error by the wrongful use of the word default. In addition, Wells Fargo Bank, N. A. was not the creditor and had no standing to foreclose. See MISC 282 291, 1099-A filed with IRS.

 

American Jurisprudence 2d  § 618. Liability for wrongful repossession

Furthermore, it has been said that where the creditor improperly refuses to accept payment of the debt, the creditor is estopped from repossessing the collateral on the basis that the debtor is in default, a conversion action is especially appropriate where wrongful repossession is at issue. (See Chesterton State Bank v Coffey (Ind App) 454 NE2d 1233.)

 

The altered agreement was made null and void. See “WITHOUT RECOURSE” as signed by Assistant Secretary of Wells Fargo Home Mortgage, which does not disburse originals (MISC 282 292).

 

Stonewalling the issue and having ignored filing an assignment should increase damages.

 

Yours truly,

 

 

Haywood Jackson Mizell

An Economy of Debt Instead of Wealth: Trump Pay National Debt as Promised

 

Fractional Banking

     After the Constitution was ratified, the bank was allowed to issue three or four times more paper notes or loans than it had in assets. This is called "fractional banking" because the bank has only a fraction of the assets needed to back up the paper money or credit which it has issued.

     Once again Jefferson protested: "The banks themselves were doing business on capitals [assets], three-fourths of which were fictitious.... "(Ford, Writings of Thomas Jefferson, C1133.)

     Jefferson foresaw that the banks would inflate the economy by loaning out fictitious paper money (with no assets behind it). This would "boom" the economy. Then, when the financiers had lured borrowers into a precarious position, they would call for a "bust" and foreclose on the property for which the bank had virtually furnished nothing. At the first signs of a pending "bust," Jefferson lamented:

This fictitious capital ... is now to be lost, and to fall on somebody; it [the bank] must take on those who have property to meet it, and probably on the less cautious part, who, not aware of the impending catastrophe, have suffered themselves to contract, or to be in debt, and must now sacrifice their prop­erty of a value many times the amount of the debt. We have been truly sowing the wind, and are now reaping the whirlwind. (Ibid.)

Amazingly, this disastrous pattern of "boom and bust" has been repeated off and on for over 200 years without the cause of it being corrected. A sound monetary reform pro­gram is still begging for a hearing.

 

An Economy of Debt Instead of Wealth

The financiers who gained control of American finance built the economy on debt instead of wealth. Jefferson's protest came out as follows:

 

At the time we were funding our national debt, we heard much about "a public debt being a public bless­ing"; that the stock representing it was a creation of active capital for the aliment of commerce, manufac­tures and agriculture. This paradox was well adapted to the minds of believers in dreams.... (Bergh, Writings of Thomas Jefferson, 13:420.)

     Jefferson, Jackson, and Lincoln and Kennedy all tried to get the monetary program turned around so that Congress would issue its own money and banks would be required to loan on existing assets rather than use fictitious money based on merely a fraction of their assets. In other words, they wanted to get rid of the "boom and bust" cycle. At one point when the idea seemed to be catching on, the London Times came out with a frantic editorial stating:

“If that mischievous financial policy, which had its origin in the North American Republic during the late war in that country (the Civil War), should become indurated down to a fixture, then that Government will furnish its own money without cost. It will pay off its debts and be without debt. It will have all the money necessary to carry on its commerce. It will become prosperous beyond precedent in the history of the civilized governments of the world. The brains and the wealth of all countries will go to North America. That government must be destroyed or it will destroy every monarchy on the globe.” (Quoted in Gertrude Margaret Coogan, Money Creators [Hawthorne, Cal.: Omni Publications, 19741, p. 217.)

 

A Pressing Opportunity

All of this should demonstrate that somewhere up the trail, the leadership of the United States has an opportunity to add one more burst of momentum to the upward thrust of the 5,000-year leap. It will be a monumental monetary reform based on the principles which the Founders under stood but were never able to implement. As Jefferson said toward the latter days of his life:

     We are overdone with banking institutions, which have banished the precious metals, and substituted a more fluctuating and unstable medium… These have withdrawn capital from useful improvements and employment to nourish idleness… [These] are evils more easily to be deplored than remedied. (Berg, Writings of Thomas Jefferson, 12:379-80)

     We are completely saddled and bridled, and…the bank is so firmly mounted on us that we must go where [it] will guide. (Ibid., 9:337-38)

NOTICE: Published No Will of Incompetent or Juvenile. (WF having no contract)

 

NOTICE OF FATAL DEFECT AND DEMAND FOR

CANCELLATION OF ALLEGED FORECLOSURE SALE

Wells Fargo Bank, N. A. possessed no contract to surrender as law requires.  Corruption personified. Instead executed will of incompetent or juvenile  without authority in probate hearing or notice. This notice published in Southern Star newspaper.

This is a response notice to a fatally defective LEGAL NOTICE published in the Southern Star January 9, 16, 23, 2013 numbered AL-90001116-12 by William G. Berry, Esq. for WELLS FARGO HOME MORTGAGE, INC.

 COMES NOW, Haywood Jackson Mizell and Alice Faye Mizell, the affiants, after first being duly sworn who are of lawful age competent to handle all our private affairs, and of sound minds, living, well, breathing, natural born, a free man and a free woman living on the soil, two of the People Sui Juris having no legal disability, with and claiming all of his and her unlimited, inherent, unalienable, God given Rights and who are competent to testify to the facts set forth below and are voluntarily relating the following first-hand knowledge of such facts, hereby states that such facts are true, correct, and complete and are not intended to mislead and are telling the truth signed under the penalty of perjury.

Demand is hereby made for cancellation of an illegal foreclosure. Notice is hereby given of intent to convene a grand jury with full investigative powers under a writ of inquiry for criminal matters including but not limited to uttering of forged documents and simulation of legal process.

No venue and jurisdiction has been alleged by William G. Berry. Said notice contains no constitutional or statutory authority cited. Haywood Jackson Mizell and Alice Faye Mizell have never knowingly, willingly, voluntarily or intentionally consented to any equitable conversion of persons, property, papers, or effects, or knowingly, willingly, voluntarily or intentionally granted license for use of such to Probate Judge Sharon Michalic, Sheriff Wally Olson or attorney William G. Berry.

No venue or jurisdiction has been identified either in common law or in civil law in said notice, nor is there a statement or averment regarding the office of the probate and whether it is operating in a constitutional capacity as judge under general law powers or whether the office is acting as Chancellor under statutory commission.

Notice is hereby given of the definition of INSINUATION. In the civil law, THE TRANSCRIPTION OF AN ACT ON THE PUBLIC REGISTRY LIKE OUR RECORDING OF DEEDS. IT WAS NOT NECESSARY IN ANY OTHER ALIENATION BUT THAT APPROPIATED TO THE PURPOSE OF DONATION. Inst. 2,7,2.

NOTICE IS GIVEN OF THE CONTINUATION OF A WILL. In the civil law, the first production of a will, or leaving it with the registrar, in order to its probate. Cowell; Blount. Black’s law dictionary2nd.

Haywood Jackson Mizell and Alice Faye Mizell hereby declare that we never intended to register a will in probate under civil law and never have we alienated ourselves from the property and given the property as a donation. Haywood Jackson Mizell and Alice Faye Mizell have never knowingly, willingly, voluntarily or intentionally donated our property to or for the use of a third party.

We do not allow any further action. The foreclosure must be cancelled until you inform us as to how a mortgage document can be converted to a will. Never at any time in our life did we intend to create a will to be registered in the public domain in the probate office.

Haywood Jackson Mizell and Alice Faye Mizell have never knowingly, willingly, voluntarily or intentionally domiciled our person, property, papers or effects in any foreign third party jurisdiction or granted permission for our private signatures to be placed into commercial trade or for the use by any third party. There is no record of such action in the granting of such consent. You are hereby noticed that such activity constitutes civil and criminal trespass, civil and criminal theft, forgery, breach of peace which all are foundational grounds for contempt of the duties of public officials giving rise to summary process and attachment of trespassers private property.

The said notice did not identify the venue and the jurisdiction, and we do not allow said action to proceed any further until we obtain the source of authority.

We do not stipulate to any statements made in the said notice and do not acquiesce by silence. No reasonable response can be generated from a fatally defective publication and insufficient notice.   We do not agree to any statements made in the said notice. Furthermore, we do not consent to any attempt to obtain our acquiescence, consent or our ratification of commencement through said notice.

NOTICE OF FATAL DEFECT AND DEMAND FOR CANCELLATION OF ALLEGED FORECLOSURE SALE was executed this day January 14th, 2013 A.D. at arm’s length and without the UNITED STATES.

Uniform Bonding Code Governs All Public Officials

 

Below is the CODE
 The Uniform Bonding Code - (UBC)
 5.2 -- Bonding of District Attorneys
   A city, county, state or federal district attorney (including a U.S. district attorney called a "U.S. Attorney') shall lose his bonding and shall not be bonded: 
 1.      if he refuses to properly identify himself to the citizen when asked to do so, including giving the citizen the name and address (or telephone number) of his bonding company and his bond policy number (bond number),
2.      if he fails or refuses to receive, for filing, a criminal complaint from a citizen against a citizen or an official,
3.      if he refused to mark or stamp the citizen's confirmed (compare with original) copy of the citizen's complaint with any of the following
A.     "Received"
B.     name of receiving office 
C.     date
D.     time
E.      signature or initial of receiving clerk or official, so that the citizen can have an official receipt for delivery of his complaint;
4.      if he fails or refuses to make a reasonably diligent effort to process the citizen's complaint (42 USC 1986),
5.      if he fails or refuses to see to it that the citizen's complaint is placed in the right hands for processing and/or answering, (return) 
6.      if he does not make every effort to make sure that the complaining party knows of the status or location of the complaint in the legal system, and does not give the complainant written notice of the same when it is possible. 

5.3 - The Bonding of Prosecuting Attorneys
 A prosecuting attorney shall lose his bonding, shall not be bonded, and shall be deemed unbondable:
 1.      if he refuses to prosecute a complaint when it is possible to do so, regardless of whom the complaint is against,
2.      if he resorts to "selective prosecution," i.e., any excuse of immunity for an official in order to protect a malfeasant official from prosecution,
3.      if he resorts to "selective prosecution,"i.e., false or malicious prosecution of a citizen, in order to punish or destroy a citizen for attempting to have a malfeasant official prosecuted.
 5.4 - Bonding of Judges
    A judge shall lose his bonding, shall not be bonded, and shall be deemed unbondable: 
1.      if he fails to protect the U.S, national constitutionally guaranteed remedies of due process and the equal protection of the laws of any citizen appearing in his court of law, or of any citizen appearing in any court of the county in which he works whose case may come to his attention by any means.
 5.5 - Bonding of Attorneys
    A lawyer or an attorney shall lose his bonding, shall not be bonded, and shall be deemed unbondable,:
 if he fails to protect the remedies of due process and the equal protection of the law of either his client or of the adverse party in an action. In an adversary system of law, each lawyer or attorney shall protect the representation of fact not only for their own party, but shall protect the legal process for both parties without, exception.

New Politians

 

Robert Penn Warren wrote the novel All the King’s Men. “Women love the hellion, the roarer, and the reprobate, as in Samson’s riddle, out of the strong shall come forth sweetness.”

The honey from the lion’s carcass oozed across the Alabama landscape as Rebekah Mason’s deadly poison.

What we didn’t know was that the root of bitterness had long been cultivated in the hearts of Robert and Dianne Bentley and sprang up to trouble and to defile many.

Robert Bentley embraced temptation instead of accepting the God given way of escape, thus being put on the shelf as far as service is concerned because he is useless and not bearing fruit thinking himself as standing, failing to take heed. He failed to abide and was cast forth as a branch.

According to the representative who introduced the impeachment bill, the straw that broke the camel’s back was the bargained for appointment of Strange as US Senator. Mason had used her ungodly influence to make female judgeship appointments, and then strutted her “stuff”. After questionable appointments of mostly the inexperienced female, enough was enough and his rapid removal was materialized. Now she’s gone.

Sin brings death. God alone provide a path for escape and it is free. Believing the unseen sacrifice is faith, true when God has given His word. Just do it, give wise consent.

CHRISTIAN AND POLITICS

 

CHRISTIANS AND POLITICS.

The government that is always in control even if mankind is not.

"What is taught in the Word regarding the position of a Christian when called upon to vote?"

 

You will, perhaps, be startled when we tell you that your question involves the very foundations of Christianity. We would ask you, dear friend, to which world does the Christian belong? Does he belong to this world or to the world above? Is his citizenship on earth or in heaven? Is he dead to this world, or alive in it — which I If he be a citizen of this world — if his place, his portion, and his home be here, then, assuredly, he cannot take too active a part in its affairs. He should vote for town councilors and members of Congress, he should strain every nerve to get the right man into the right place, whether it be at the municipal board, or on the floor of Congress. He should put forth every effort to mend and regulate the world. If, in a word, he be a citizen of this world, he ought, to the best of his ability, to discharge the functions pertaining to such a position.

But, on the other hand, if it be true that the Christian is, as regards this world, "dead" — if his citizenship is in heaven, if his place, his portion, and his home be on high, if he is only a pilgrim and a stranger here below, then it follows that he is not called to meddle in any way with this world's politics, but to pass on his pilgrim way, patiently submitting himself to every ordinance of man for the Lord's sake, yielding obedience to the powers that be, and praying for their preservation and well-being in all things.

"What is taught in the Word" on this point? An all-important question. What, then, saith the Scripture? A passage or two will suffice. Hear what our Lord said, when addressing the Father in reference to "His own in the world:"

"I have given them thy word; and the world hath hated them, because they are not of the world, even as I am not of the world. I pray not that thou shouldest take them out of the world, but that thou shouldest keep them from the evil. They are not of the world, even as I am not of the world."

Again, hear the inspired apostle on this subject: "Brethren, be followers together of me, and mark them which walk so as ye have us for an ensample. (For many walk, of whom I have told you often, and now tell you even weeping, that they are the enemies of the cross of Christ; whose end is destruction, whose god is their belly, and whose glory is in their shame, who mind earthly things.)”

For our citizenship is in heaven; from whence also we look for the Savior, the Lord Jesus Christ." (Phil. 3: 17-20)

So also, in the epistle to the Colossians, we read, "If ye then be risen with Christ, seek those things which are above, where Christ sitteth on the right hand of God. Set your affection on things above, not on things on the earth. For ye are dead, and your life is hid with: Christ in God. When Christ our life shall appear, then shall ye also appear with Him in glory."

Some, however, may say that the fore-going Scriptures no longer apply — that "the world" of John 17 is not the world of the twenty-first century — that the former was a pagan world, whereas the latter is a somewhat Christian world. To all who take this ground, we have nothing to say. If the teaching of the New Testament was only designed for a bygone age, if it bears only upon the things that were, and has no application to the things that are, then, indeed, we know not where we are, or whither to turn for guidance or authority. But, thank God, we have a divine: and, therefore, all-sufficient directory for all ages, all times, and all conditions.

If, therefore, we are to be guided by Scripture, we have no warrant whatever for meddling in this world's politics. The cross of Jesus has snapped the link which connected us with this world. We are identified with Him. He is our Model. If He were here, He would find His place outside the range of this world. You would not see Him at the council-board, on the judicial bench, in the Halls of Congress, or with the sword in His hand. By and by, He will wield the scepter, draw the sword, and hold the reins of government in His hand. (May God hasten the day?) But now He is rejected, and we are called to share His rejection.

Our path in this world, as Christians, is obedience or suffering. We are called to pray for all in authority, but not to be in authority ourselves. There is not so much as a single line of Scripture to guide me as a voter, or a member, or a magistrate. If, therefore, I act in these characters, I do so without one word of direction from my Master — nay, more, I act in a way utterly opposed to Him, and in direct opposition to the spirit and teaching of the New Testament.

May God make us more faithful to Christ! May we be delivered more completely, in heart and spirit, from this present evil world, and be enabled to pursue, with holy decision, our pilgrim path across the sand of the desert! We are quite aware that what we have written on this subject will prove unsavory and unpopular; but this must not deter us from speaking the truth, and we trust it may not deter us from acting the truth also.

You Decide

 

You decide. It is against equity to deprive freemen of the free disposal of their own property. Wells Fargo controls the state and federal courts. Should one be allowed to pay off his mortgage and be allowed to sell his property? The following is a transcript of a USMD hearing. The attorneys used the WF “secret” Manual to deceive the courts, doing so perfectly. The property is 285 East Broad Street in Ozark, AL.

 

CASE #: 1:14-CV-00013-WHA-CSS

Mizell v. Wells Fargo Bank, N.A. et al (MAC+)

Assigned to: Honorable Judge W. Harold Albritton, III

Referred to: Honorable Judge Charles S. Coody

Case in other court: Circuit Court of Dale

County, Alabama, CV-13-000006

Cause: 42:1983 Civil Rights Act

Date Filed: 01/03/2014

DateTerminated:05/30/2014
JuryDemand: Plaintiff Plaintiff
NatureofSuit:440Civil Rights: Other

Jurisdiction: Federal Question

After weeks of delay the audio CD of the hearing was purchased. Sony Audio software converted the audio to a wave file. Dragon Naturally speaking transcribed the audio into text. Even the extremely low volume was brought forth.

 

Plaintiff

Haywood Jackson Mizell

Defendant:

Wells Fargo Bank, N. A.                                 represented by Stephen K. Pudner

Hearing proceedings held before Honorable Judge Charles S. Coody: Motion Hearing held on 2/28/2014 RE; Docket #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wells Fargo Bank:, N.A.

In Gallery: James B. Graham

Began 10 AM lasted 16 minutes

 

Judge Charles S. Coody:

We are here for argument on the motion to dismiss filed by the defendants in Mizell versus Wells Fargo Bank 14 civil 13.

Mr. Mizell. Good morning.

Plaintiff Haywood Jackson Mizell:

Good Morning, Sir.

Judge Charles S. Coody:

I’ve read all of your materials.

And you raise a number of arguments all of which are soundly rejected by the Alabama courts. So why shouldn’t the motion to dismiss be granted?

You can pull the microphone down a little bit to you so you can speak into it. I understand you need to sit and I understand and that’s fine.

Plaintiff Haywood Jackson Mizell:

The first thing I think, is that the removal from the state to the federal court is in question, from my perspective. First of all, I don’t think that the federal courts have any jurisdiction over property in Alabama.

There were three items involved; one of them was distance, and of course Wells Fargo qualifies there. They are in Iowa and we Alabama for diversity of location, but the other one was that the property has value. From my perspective and from everybody who knows anything about real estate since it is without title that the property value is zero. So they can’t possibly qualify under that because they destroyed the method of getting any title. So since it doesn’t qualify, my question would be, why are we in this court?

Next, they have a list of procedures that they have to go by. I’m supposed to make a motion for it to be remanded back to the state court. Part is appealable and part is not. So until those issues are resolved, whichever way you rule one way or the other, your remanding to state courts, they will appeal and try their best to prolong over a long period time and since they have deep pockets, they want to spend me into submission.

Judge Charles S. Coody:

What is it that you want any court to do?

Plaintiff Haywood Jackson Mizell:

The court to do. If you look at the original petition, I simply didn’t ask for any money. I just wanted them to bring forward their standing or whether they are the holder-in-due-course. Because they went ahead and said, on the first legal notice, that I was in default. When I was not in default.

I wanted to pay it off. I had money to pay it off, even had it in silver but they wouldn’t give me any indication that they were in possession. Federal law requires, at least most courts require, a lien be perfected by possession. As long as there is somebody out who might have some claim in equity against the legal title to the property, then there is a “cloud” over the title.

Now the city of Ozark bought the property knowing they did not have title. They have the same motive that I had originally, and that is to preserve this very, let’s say, “Mona Lisa painting”, if you will as from some’s perspective about the property.

So that basically what I’m asking the court that if they have something to present, it is very simple. The city of Ozark paid for the debt. There is no question about the debt being satisfied. The law says they must surrender the instrument when full payment is made. It has been over a whole year. So now we have this question before us. We have to know that they have separated the note from the mortgage.

Judge Charles S. Coody:

Mr. Mizell, I’ve read that argument. I don’t know why you think that argument has any validity, but it doesn’t have any validity. So don’t waste the court’s time. It is invalid.

Plaintiff Haywood Jackson Mizell:

The question is this, they have the note, and just let me have it, that’s all.

Judge Charles S. Coody:

Well it’s not your note. It’s Faye Mizell’s. You did not sign the note. Alice Mizell signed the note.

Plaintiff Haywood Jackson Mizell:

Okay. Something of what I conceded that I don’t know why it was, but the next thing was I signed the security instrument.

Judge Charles S. Coody:

True

Plaintiff Haywood Jackson Mizell:

In the Security Instrument says that the Borrower Covenants. So my job is to defend the title. That is what I’m trying to do, unless I am misguided. Tell me how I am misguided.

Judge Charles S. Coody:

For what purpose are you trying to do that? Look you had a mortgage. You didn’t pay it. They foreclosed on you. Are you telling me that you don’t have to pay a debt you owe?

Plaintiff Haywood Jackson Mizell:

The question is that I was more than happy to pay the debt.

Judge Charles S. Coody:

The fact is, you didn’t pay the debt as you were supposed to. That’s a big difference. Let me ask counsel for the defendant something. Mr. Mizell, for the first time, admittedly does raise an interesting question about jurisdiction of diversity. The original complaint in this case was filed, then there was an amended complaint filed, it was at that point that you moved the case, but didn’t diversity exists at the time of the original complaint.

Defense Counsel Stephen K. Pudner:

Service was never perfected in the state court. The state court had shown Wells Fargo as being served, but was stricken later. They had served on foreclosure counsel, the secretary of the former foreclosure counsel office and the court had shown that as a Wells Fargo service.

Even today Wells Fargo has never been actually served. In the state court we became aware and timely removed as soon as we became aware of the state court lawsuit, but it was not because of the amended complaint being filed.

As soon as we got notice of the lawsuit, we did remove timely. And as far as is there diversity? There is diversity of the properly served parties. And Mizell asked $1.3 million in damages.

Judge Charles S. Coody:

Yeah.

All right.

Mr. Mizell, one of the claims that you appear to make, is something that you characterizes as a due process claim. Tell me about that.

Plaintiff Haywood Jackson Mizell:

I filed this Petition for Injunctive Relief. I had filed a Misprision of Felony and because, even though I didn’t sign the promissory note, I did sign the security instrument. Later I had an exchange with Wells Fargo and they couldn’t talk to me unless I signed that I would be speaking in behalf of my wife, Alice Faye, which I did. And they began talking to me.

Well I left. I didn’t know what it will do that day that was designated to be foreclosed but I had a guy who said he was there. There were a bunch of Sheriff Deputies and a bunch of City Policemen and of Clerk of the Court, I think. I don’t remember exactly, but he reduced that to an affidavit and said he would give it to me. Well, I didn’t know until I actually came up here to the Supreme Court library and found out that this basically is a deprivation of due process rights. Because in all called self-help repossession, all non-judicial, it has to be 100% consent. I had filed in the paper, when they had a legal notice that there was default, that there was no default.

I was prepared to pay and all they had to do was to bring the note and my wife would pay.

I got the affidavit from the sources of the funds. It was Mr. Graham.

Well, we began years ago and he gave me a job which enable me to go to college. So I have very affectionate feelings toward him.

He was been having some serious health problems. Now he is well. In fact I think we should feel honored that he’s in our present now. He is in the courtroom, Mr. James B. Graham. So he said that he reduce his to an affidavit that he was prepared to lend me the money.

I called Wells Fargo and said he was up visiting his father-in-law in Iowa. Our thinking was, if you have the note here Wednesday, we will have the cash there, which is already on deposit in the Birmingham bank in silver. If you will have it here, we will make the exchange.

The Wells Fargo lady says, “We don’t disperse original documents”.

I said, “Well mame, the law says that I must pay. And I got a covenant that sees to it that it’s paid. I will pay it. That is my covenant. If we continue to pay it to the end, then can I get the note?

She said, “No”.

I said, “Mame, you understand the law says you must surrender the note “.

She said, to the exact affect, what she said was that that is the Uniform Commercial Code 3 and we’re not governed by that, we don’t have to abide by that, and I said, will you put that in writing, and also tell me why you think you don’t have to give it. So she sent me a letter that said, we don’t disperse original documents. And we are not required to do so because we never filed it in public office. She stated that it was in at 2107. So that was it, sorry.

Judge Charles S. Coody:

Who are you claiming deprived of due property? Who is it that you claim deprived you of due process?

Plaintiff Haywood Jackson Mizell:

I don’t know them individually. All I know is they were law enforcement and they were there present.

Judge Charles S. Coody:

Well, they are not named as defendants in this lawsuit.

Plaintiff Haywood Jackson Mizell:

I don’t know who they are. I think they are named inside of the affidavit of those who were there present. I think one of them is the city, County Clerk I think his name is David Glen or something like that. I don’t know because I was not there. I cannot speak firsthand.

Judge Charles S. Coody:

Well if you’re going to make claim about somebody you got to be able to identify them, and we don’t have, we don’t have.

Plaintiff Haywood Jackson Mizell:

I submit to the people that were there and their testimony to identify them in the affidavit.

Judge Charles S. Coody:

Well, anything else?

Plaintiff Haywood Jackson Mizell:

Well, I think for a longtime I didn’t understand why they were trying to be so evasive. I did find the law that you know about process service and then they were told to file Title 12. And then Failure to state a claim that relief could be granted. Now I am supposed to move to the state court. I found that it in May one of the Circuit Judges in Dale County ruled on an identical claim. He ruled that the foreclosure deed be null and void, everything reversed. He identified the couple who were the owners of the property, and then said they were subject to the mortgage that was on file at the courthouse.

They came back a little later and try to foreclose again on him. He filed another public notice that he had paid and must have the original document to prove it. On the original document would be the absolute proof that it was “without recourse”, that it had been paid. They didn’t so have. I think it was Citicorp. The judge says that the other side bring forth the mortgage, bring forth the complaint into the Judicial Court and prove the case that states that the couple would have to yield to what they already agreed to pay. At least it would have to be something they had agreed to.

I may not be speaking that in legalese, but I do have a copy of that here if you would like to see that particular ruling.

Judge Charles S. Coody:

Well that ruling is not applicable here. I don’t think it is the same set of circumstances.

Anything else? Counsel I have read all your submissions.

Defense Counsel Stephen K. Pudner:

Just a quick. I would like to point out that Wells Fargo feels bad for Mr. Mizell’s situation. It appears that he came under the sway of this James Graham who is in the courtroom. He filed similar lawsuit against Wells Fargo in state court 2011 900069 in Dale County. His claims were rejected. He was enjoined from taking any further actions against. He appealed it. His appeal was dismissed. He then filed a lawsuit in this court CV 12-1034. His claim was again rejected and he appealed and the 11th Circuit rejected his claims. Apparently, he is here to do proxy for Mr. Mizell.

Plaintiff Haywood Jackson Mizell:

I didn’t hear him. Did he say someone filed a suit?

Judge Charles S. Coody:

Well, I heard him Mr. Mizell. I understand.

Gentlemen, I’ll take the motion to dismiss under submission. Mr. Mizell, I have read all of your papers and will consider all the arguments that you have made in writing and this morning. We will be adjourned.

   Long, but perfect example why the swamp must be drained.