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Welcome to Freedom Yell


Words from the Rising Republics

 

CONSTITUTION DEMANDS

  1. 1.Condemnation Hearing
  2. 2.Eminent Domain Tribunal to determine Just Compensation
  3. 3.Probate Judge Ruling
  4. 4.Purchase private property for public usage with title conveyance

   provided owner consents or rental at 12% per annum interest

  1. 5. Delay payments at 12% per annum interest.

 

     The City of Ozark seized 285 East Broad Street property outside Eminent Domain proceedings and must pay the lawfully established 12% per annum interest delay payment amount until the property is returned for private usage.

 

Delay Payment Chart showing three possible property values.

Interest 12% per anum and no title conveyed.

 

Property Just compensation value varies as shown with yearly payments delayed

 

$659,000.00 Property Tax appraisal       $109,833.33 2013

      $659,000.00 2014-2019

          $109,833.33 2020 to date

                                                                    $878,666.66 Total Due

 

$4,500,000.00 2008 Prudential Appraisal   $625,000.00 2013

                                                                     $4,500,000.00 2014-2019

                                                                        $625,000.00 2020 to date

                                                                     $5,750,000.00 Total Due

 

$2,250,000.00 One-half Prudential             $312,500.00 2013

                                                                    $2,250,000.00 2014-2019

                                                                       $312,500.00 2020

                                                                    $2,875,000.00 Total Due

 

 

 

 

PUBLISHED MOTIVATION: PRESERVE OZARK HISTORY

 

PUBLIC SERVANT’S OATH OF OFFICE

I,                                                                                     , do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God.

 

DUTY DEMANDS

 

CONSTITUTION OF UNITED STATES OF AMERICA 1789 (REV. 1992)

AMENDMENT V

nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

MAXIM OF LAW BEFORE THE CONSTITUTION

What belongs to us cannot be transferred to another without our consent. But this must be understood with this qualification, that the government may take property for public use, paying the owner its value. The title to property may also be acquired, with the consent of the owner, by judgment of a competent tribunal.

 

All laws which are repugnant to the Constitution are null and void.” Marbury v. Madison 5 US (2 Cranch) 137, 174, 176,

LAWFUL POSITION OF PRIVATE PROPERTY OWNER

 

"A well-established principle which has acquired the force of a maxim is to the effect that a plaintiff in ejectment can recover only on the strength of his own title, and not on the weakness of his adversary's. The defendant is not required to show title in himself, and he may lawfully say to the plaintiff, "UNTIL YOU SHOW TITLE, YOU HAVE NO RIGHT TO DISTURB ME." American Jurisprudence 2d Volume 25 §19. Strength of own title.

PRECEDENT LAW ON EMINENT DOMAIN

 

REQUISITES FOR A VALID EXERCISE OF EMINENT DOMAIN:

     1. Expropriation is for a public use

     2. The payment of just compensation to the property owner.

                 a. it must be real, substantial, full, and ample

                 b. should be made within a “reasonable time” from the taking of the property

                 c. any further delay in the payment will result in the imposition of 12% interest per annum.

 

PUNISHMENT FOR WRONGS

42 USC §1983 provides that every person who, under color of any statute. ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

 

18 USC §242 provides that whoever, under color of any law, statute, ordinance. regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States ... shall be fined under this title or imprisoned not more than one year, or both, and if death results, or if such acts include kidnap ping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

American Jurisprudence 2d § 611 DUE PROCESS applications

However, even when self-help repossession is valid under applicable due process standards, when state law enforcement personnel are present in the course of what began as a self- help repossession, the proceedings become state action and the debtor must be given notice and opportunity to be heard or there is a deprivation of constitutional rights. Waisner v Jones, NM 260, 755 P2d 598, 6 UCCRS2d 1374.

 

CONCLUSION

 

Without Eminent Domain no property is privately owned.

 

The government has been delegated only three powers:

  1. 1.POLICE POWER
  2. 2.EMINENT DOMAIN POWER
  3. 3.TAXATION POWER

 

OUR DUTY AS CITIZENS

 

"It is not the function of our Government to keep the citizen from falling into error, it is the function of the citizen to keep the Government from falling into error."  American Communications Association v. Douds, 339 U.S. 332, 442 (1950).

 

Prepared by Haywood Jackson Mizell holder of legal title to 285 East Broad Street, Ozark, Alabama. The attorney who orchestrated the property seizure has been sentenced to 15 years in federal prison and must make restitution.

Words from the Rising Republics

 

EMINENT DOMAIN: PRIVATE TO PUBLIC PROPERTY

 

PUBLIC SERVANT’S OATH OF OFFICE

I,                                                                                     , do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God.

 

According to Marbury v. Madison 5 US (2 Cranch) 137, 174, 176, All laws which are repugnant to the Constitution are null and void.”

All judges of the lower courts are required to take two Oaths, (one being 28 USC 453, to do equal justice to all) before assuming Office and to file such Oaths in places designated by law and to abide by such Oaths during occupancy of such Offices and failure to take and file such Oaths constitutes de jure vacancies of Offices. All judges of the lower courts are required to uphold and defend the United States Constitution. All judges of the lower courts are required to follow all directives and rules issued by the United States Supreme Court for the conduct and procedures of such lower courts. All judges of the lower courts are required to abide by the Judicial Code of Conduct. All judges of the lower courts are required to abide by precedence law that has been set as the existing law of the land. All judges are directed by the United States Supreme Court that justice is the object and goal of the cases. All judges of the lower courts are required to avoid even the appearance of partiality or favoritism or cronyism.

 

“Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading.”  U.S. v. Tweel, 550 F.2d 297 (1977).

Constitution of United States of America 1789 (rev. 1992)

Amendment V

nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

Maxim of Law

What belongs to us cannot be transferred to another without our consent. But this must be understood with this qualification, that the government may take property for public use, paying the owner its value. The title to property may also be acquired, with the consent of the owner, by judgment of a competent tribunal.

 

REQUISITES FOR A VALID EXERCISE OF EMINENT DOMAIN:

     1. Expropriation is for a public use

     2. The payment of just compensation to the property owner.

                 a. it must be real, substantial, full, and ample

                 b. should be made within a “reasonable time” from the taking of the property

                 c. any further delay in the payment will result in the imposition of 12% interest per annum.

 

"It is not the function of our Government to keep the citizen from falling into error, it is the function of the citizen to keep the Government from falling into error."  American Communications Association v. Douds, 339 U.S. 332, 442 (1950).

 

42 USC §1983 provides that every person who, under color of any statute. ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

 

18 USC §242 provides that whoever, under color of any law, statute, ordinance. regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States ... shall be fined under this title or imprisoned not more than one year, or both, and if death results, or if such acts include kidnap ping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

American Jurisprudence 2d § 611 DUE PROCESS applications

However, even when self-help repossession is valid under applicable due process standards, when state law enforcement personnel are present in the course of what began as a self- help repossession, the proceedings become state action and the debtor must be given notice and opportunity to be heard or there is a deprivation of constitutional rights. Waisner v Jones, NM 260, 755 P2d 598, 6 UCCRS2d 1374.

We cannot rely on the representations of counsel alone. Wright v. Emory, 41 So.3d 290, 292 (Fla. 4th DCA 2010) ("[An] attorney's unsworn, unverified statements do not establish competent evidence.").

CRIMES OF RECORD COMMITTED BY WELLS FARGO:

TITLE 18---CRIMES AND CRIMINAL PROCEDURE §1512 Tampering with a witness, victim, or an informant Whoever corruptly-

(1)    alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; or

(2)           otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more' than 20 years, or both.

§ 35-10-9 Sales contrary to article null and void.

All sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of this article, shall be null and void, notwithstanding any agreement or stipulation to the contrary.

FAIT ACCOMPLI City of Ozark’s position

a thing that has already happened or been decided before those affected hear about it, leaving them with no option but to accept it.

 

Fait Accompli is a tactic described by Gerard I. Nierenberg. The phrase is French for “accomplished fact,” and refers to a deed that is already done—and is therefore irreversible. You employ this tactic when you do something without first negotiating it.

 

Clerk of Court Statement

Enclose please find a copy of Wells Fargo Loan/Mortgage # 0128507779. We cannot certify that this is a true copy of the original because the original was not filed in the clerk’s office. (Delores Woodham, Dale County Circuit Clerk, Ozark, Alabama)

 

FEDERAL RULES OF CIVIL PROCEDURE

(Rule   1002. Requirement of the Original.)

An original writing, recording, or photograph is required in order to prove its content.

GAMBLE’S ALABAMA RULES OF EVIDENCE

2d Rule 1002 Best Evidence

     The best evidence rule is a legal principle that holds an original copy of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained. The rule has its roots in 18th-century British law

 

AMERICAN BAR ASSOCIATION

The American Bar Association's opinion concerning foreclosures: Standing and subject-matter-jurisdiction.

……………… this Court has the responsibility to assure itself that the foreclosure Plaintiffs have standing and that subject-matter-jurisdiction requirements are met at the time the complaint is filed. Even without the concerns raised by the documents the Plaintiffs have filed, there is reason to question the existence of standing and the jurisdictional amount".

 

MAXIMS OF LAW FROM BOUVIER’S DICTIONARY

It is against equity to deprive freemen of the free disposal of their own property.

 

A CLAIM MUST BE PROVEN IF A DEBTOR DEMANDS PROOF.

What does not appear and what is not is the same; it is not the defect of the law, but the want of proof.

A deed or a bond found with the debtor is presumed to be paid.

It is fraud to conceal a fraud.

Law arises out of fact; that is, its application must be facts.

Ezekiel 18:12-13 for death to those so inclined. God will not be bought off.

12 Hath oppressed the poor and needy, hath spoiled by violence, hath not restored the pledge, and hath lifted up his eyes to the idols, hath committed abomination, 13 Hath given forth upon usury, and hath taken increase: shall he then live? he shall not live: he hath done all these abominations; he shall surely die; his blood shall be upon him.

     Below are the words of J.D. Holman of Ozark from his case before the US Supreme Court, which began the use of ‘situation ethics’ by ignoring the RULE OF LAW.  Today’s “precedent” monster has grown from that seed planted in 1935 by SCOTUS.

“The facts in this case are extremely involved and the questions numerous, necessitating an unfortunately long statement. Because of this situation, we feel that the denial of the writ is due to the fact that we have failed to make clear the inexplicable action of the Courts below in their denial of relief after finding fraud practiced by attorneys upon their clients, and their finding of material and specific facts for which the record lends no support whatever. This is not a situation wherein this Court is asked to invade the province of another Court or to pass upon fact questions. It is a matter of the lower Courts' deciding material issues by introducing facts into the case, which do not appear in the record and could not be inferred from it. If these findings and the resulting conclusions of law are permitted to stand without correction, .then litigants can no longer be assured of fundamental rights. They will be forced to assume the unconscionable risk that the findings of a Court may have no relation to the facts established by the record. For this and other reasons this case is of immeasurable importance, not alone to the petitioners but to the legal profession as a whole and to the public.

      It is inconceivable that having found these attorneys guilty of concealment and failure to disclose vital facts to their clients, the court should condone such conduct. That these conclusions of both courts below are contrary to law and equity is unquestionable, as they are in defiance of the fundamental Maxim that “equity will not suffer a wrong to be without a remedy”, and in conflict with decisions of all state and national courts. If the decisions of the District Court and the circuit Court of Appeals are permitted to stand, they will be an invitation to unscrupulous attorneys to betray their clients. The faithless attorney will be encouraged to profit by his own wrong, the client will be deprived of the protection which the law has always afforded him, and the legal profession will have lost the sanctions of honor and good faith to which it is entitled.”

Ala. Code §7-3-309(a)

A person not in possession of an instrument is entitled to enforce the instrument if (i) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred, (ii) the loss of possession was not the result of a transfer by the person.

    

     City of Ozark simulated a wrongful non-judicial foreclosure in the presence of law enforcement, including roof-top snipers, to evade due process and Eminent Domain “just compensation”, upon debt-free property that had all encumbrances been paid in full.

FATAL NOTICE PUBLISHED IN THE SOUTHERN STAR NEWSPAPER before the foreclosure auction February 19, 2013

 

   Wells Fargo was NOT THE HOLDER IN DUE COURSE and was due NO funds, including interest. Morality drove a TILA exchange, but WF refused to even live up to the exchange bargain by refusing to surrender the paid in full legal tender. Wells Fargo’s “deadbeat” act rendered the MORTGAGE CONTRACT NULL AND VOID BY SELLING THE NOTE AND FILING NO ASSIGNMENT OF RECORD.

Ala. Code § 7-3-305. Defenses and CLAIMS IN RECOUPMENT.

§7-3-305c An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.

 

Note: H. J. Mizell paid Wells Fargo $92,000 more than amount due.

 

PRIOR WRONGFUL FORECLOSURE NOTICE

 

DEMAND FOR AUTHORITY    

  

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 have 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.

 

The City of Ozark owes H. J. Mizell for the possession of the subject property at an annual rate of 12% until the property is returned to the title holder after payment for the time occupied. All “just compensation” funds are due.



The Declaration of Independence canceled any notion that kings ruled by Divine Right. The Prince of this World could only offer bondage. God gave each of his creation the opportunity to be free simply by accepting His plea, a free gift or remedy provided the remedy was accepted, from the heart, within a specified length of time. After death, one who refused the free remedy has an eternal hell to pay.

The Constitution granted freedom governed through “public Law”. Since 1933, all Americans are today governed by “public policy”. Rid yourself of “default thinking” and embrace “future based thinking” where freedom alone prevails.

DECLARE FREEDOM FOR YOURSELF
RECORD YOUR OWN “FREEDOM CHRONICLES”.
LET THE WORLD HEAR YOUR SHOUT

“FREE AT LAST. FREE AT LAST.
THANK GOD ALMIGHTY.  FREE AT LAST”.