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Words from the Rising Republics

 

Haywood Jackson Mizell, pro per

4518 Woodledge Drive

Montgomery, AL 36109

THE CIRCUIT COURT OF DALE COUNTY, ALABAMA

 HAYWOOD JACKSON MIZELL, pro per,

                                                                                    )           Case No. CV-2013 000006.00

                                             Plaintiff,                         )          

vs.                                                                               )

WILLIAM G. BERRY, Attorney at law                   )         August 04, 2014

WELLS FARGO BANK, N.A.                                 )           Further Proceedings after Case

SIGLER DAVID,                                                      )           Remanded from Federal Court

STUMP JOHN G, INDIVIDUALLY C/O               )          

WELLS FARGO BANK et al                                   )                                                                                                                                                                            Defendants.                                                               )

 FURTHERANCE OF PROCEEDINGS

             COMES NOW, HAYWOOD JACKSON MIZELL, Plaintiffs pro per, seeking again a trial by jury, under common law, as a man on Alabama soil apart from any jurisdiction of any fiction law of a foreign domain, and for substantive relief from theft of property by defendants.

           The record of the proceedings in the MIDDLE DISTRICT OF ALABAMA established many facts as unrebutted.

           The property at 285 East Broad Street, Ozark, Alabama remains without marketable title, a title that a reasonable buyer would accept because it appears to lack any defect and to cover the entire property that the seller has purported to sell; a title that enable a purchaser to hold property in peace during the period of ownership and to have it accepted by a later purchaser who employs the same standard of acceptability.

One definition of a marketable title which is been put forward repeatedly is one free from all reasonable doubt. Stated another way, a marketable title is one which does not contain any manner of defect or outstanding interest or claim which may conceivably operate to defeat or impair the interest which is bargained for and is intended to be conveyed. This negative concept of marketability has become an implied invitation for courts to declare the titles on the marketable if an examiner has entertained any doubt whatever with respect to them. The digest attest the painful truth that claims of a bygone era playing like barnacles to land tyros encumber them long after they should have been scrapped clean.... We need to replace this negative approach by a positive one which will make it marketability of tyros dependent solely upon their state you in some recent interval of time rather than upon their entire history. And quotation Paul E. Banshee BAS why he clearing land tyros section 371, at 539 (1953).

 

           The defendants procured a signature on a document labeled mortgage and loan which was to be used as purchase money, never disclosing that it was, in reality, a “power of attorney” for the sale of the Homestead. Fictitious acts under customs and usages by merchants allows that a document does not have to be as a labeled.

         The promissory note was securitized. Securitization requires the separation of the note from the mortgage. However, when brought up at an open Federal Hearing, the Magistrate Judge said that he did not want to hear any more about “separation of note and mortgage”. Rulings by the Alabama Supreme Court well documents the position of Alabama State Laws regarding separation note and the mortgage as a contract. The more colorful description of such per curum decision by the Alabama Supreme Court is communicated through the “Cow and the tail” parable. (Alabama law declares the mortgage and promissory note to be forever null and void, which both federal and state courts chose to ignore those laws, instead rule unlawfully without subject matter jurisdiction)

           Written correspondence from Wells Fargo clearly informs everyone that “Wells Fargo does not disperse original documents.”  Wells Fargo had sold the note and could not surrender the note when full payment is made, simply because one cannot surrender what he does not possess. (Judges declare the statements of barred attorneys as true.  Court declared contradictory unrebutted affidavit exhibits from Wells Fargo's vice president as a pack of lies not to believed. Individuals who are not a barred attorneys cannot make belivable and verified truthful statements in court filings . Un-sworn and unverified statements from barred attorneys are considered competent evidence.  Even though the law declares company records as self authenticating, state judges rule instead that unbarred individuals cannot speak truthfully even if the affidavits are sworn statements filed into the court records, filed as sworn true affidavits by company identified vice-president officials.  Partiality reigns in courts when attorneys are present especially when the issues can be made to  benefit a public municipality.)  

           Wells Fargo Bank NA performed a (simulated) foreclosure procedure in the presence of law enforcement, "sold" the property to the City of Ozark all without marketable title. The “clouded title” prevents any grant money from being spent for the improvement of the property by the city who has no clear title. To spend taxpayer’s funds acquired by grant for property improvements where there is no clear title is a criminal act. Wells Fargo Bank NA has assured that the property can no longer be maintained.

           The Plaintiff begged Wells Fargo to allow the Plaintiff to defend the title. The Plaintiff signed a covenant to defend the title. The date April 18, 2012 was established as the day for the exchange of funds needed to settle all remaining indebtedness, in exchange for evidence necessary to insure unquestionable clear and marketable title. The plaintiff was prevented from paying off the promissory note by an act of omission by Wells Fargo Bank NA. Interest accrual was suspended on that date of the official offer. Affidavits testifying to the availability of the funds were not rebutted, and neither was the date set for the exchange. WELL FARGO’s clouding of the title has obstructed the sale of the property years earlier. The then larger offer was accompanied by earnest money, which could not cure the unmarketable title inflicted by the defendants. Substantial funds were denied the Plaintiff.

           American Jurisprudence 2d under Interest and Usury §76 Generally; act or omission of creditor

     In the absence of an agreement to the contrary, when a debtor is ready and willing to pay an obligation, and intends to do so, but is prevented from doing so by the act or omission of the creditor, the accrual of interest on the obligation is suspended. Thus, the running of interest is suspended by the latches or unwarranted delay of a creditor in pressing his claim, but the un-exercised right of a decedent’s creditor to institute probate proceedings for the appointment of administrator does not preclude the accrual of interest on the debt. (The principle balance was about $130,000, which Wells Fargo refused full payment, refused payment by funds already on deposit, because it could present no evidence of debt as needed to assure unclouded marketable title conveyance.) (Adam and Eve also rejected the true, instead elected to embrace the statements made by the original Liar. Use of such patterns produce a "fig leaf" covering. The City of Ozark used law enforcement officers and roof top sniper's presence, plus paying double the alleged balance to make the simulated foreclosure look real and to not appear legal lunder).     

             The defendants prosecuted a foreclosure, in the presence of law enforcement. The defendant acted as an executor of a will as if the plaintiff were dead, incompetent or a juvenile.

         Ten months from April 18, 2012 until February 19, 2013, the defendants added an undisclosed amount of “accrued interest” to be added as their cost and for their benefit, all to come from the proceeds of the wrongful foreclosure. No accounting has been submitted to the plaintiff or to any court to identify this unlawful seizure of funds, which were lawfully belonging to the plaintiff. Even in “the land of OZ”, it is a custom and practice that funds above the amount needed to settle the debt cannot be held by the creditor as unlawful usury.

         Since the note was made a security, the document falls under yet another section of American jurisprudence 2d §110. Maturity of obligations or calls of securities

     In the case of certain debts, such as loans affected by municipalities and corporations of large capital, which are payable at a fixed and known place of payment and at a fixed period, at which place and time the creditor is to present his evidence of debt and receive payment, interest will stop from that moment, regardless of whether the evidence of indebtedness is presented, until the instruments are presented for payment and payment is refused, and it is not necessary, in order to escape after such accruing interest, that the amount along with accumulated interest at the time of the payment be kept separate from other funds the corporation, if it can be shown that the fund sufficient for payment where it all times in hand. The reason for this rule is that the evidence of indebtedness in such cases are usually so largely held in other states and abroad that is impossible in many instances for such corporations to know their creditors or when they are where they reside; hence, to hold that they must find them and tender the amount of the debt to before interest can be stopped would entail great confusion. It has also been held that the running of interest on interest coupons is suspended when the obligor under the principle evidence of indebtedness shows that he is ready or willing to pay.

     A maker of a loan which is payable on or before maturity may, by payment of the principal and accrued interest before maturity, relieves himself from the payment of unearned interest. Similarly the call of securities before maturity, and when probably made has the effect of stopping the running of interest thereafter. In the absence of a statue allowing constructive notice, it seems that, in order to stop interest, a county and municipal corporation desiring to exercise an option to retire bonds before maturity should give actual notice of such intentions to the bondholder, but this rule has been held not to apply to bonds which have many of the qualities of a negotiable instrument, such as those which are payable to bearer, title thereto passing by delivery, and which are not registrable, in which case it county or municipality will be relieved from further interest by the giving of such notice to the bondholders as is reasonable under the circumstances. However, if a municipality or county has actual knowledge that all the bonds of an issue about to be retired are held by unknown person or corporation, only actual notice of the call is reasonable notice.

       Interest on a lost bond will be allowed until the debtor tenders payment.

           Although the defendants pretend ignorance of their practices, their actions show the strict compliance with the manual published by Wells Fargo, published as a guide to be used in the defense of the illegal practices. The next thing on the manual’s agenda, as identified in WELLS FARGO BANK, NA’s manual, is the provision, when court ordered, of documents generated in an effort to deceive the court into believing that these generated “false documents” are in reality genuine.

         The Plaintiff has diligently searched the historic landscape to find the most succinct mental image that descriptive writing can bring to mind. Although the quotes below do not go into detail about the massive crime, the overall picture is palatable.

“When plunder becomes a way of life for a group of men, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it.” Federic Bastiat “The Law” 1850

 

“It can fairly be said that the chain of catastrophic bets made over the past decade by a few hundred bankers may well turn out to be the greatest non-violent crimeagainst humanity in history” Mr. Potter, Vanity Fair Magazine

          The pleadings above are but a fraction of the presentation planned for the jury in their consideration for the determination of the facts in this case. Maybe the spirit of Congressman Henry B. Steagall will guide the exposure of the heretofore undisclosed facts.

         The Plaintiff prays that proper attention by all parties be focused on these national issues especially the issue surrounding peonage and defendant’s default.

                                                         This request is and respectfully submitted by:

                                                 ____________________________________

                                                           By: Haywood Jackson Mizell, Plaintiff, pro se

                                                                 4518 Woodledge Drive

                                                                 Montgomery, Alabama 36109

                                                                 334-498-4187                    Date: 08/04/2014

Words from the Rising Republics

 

Haywood Jackson Mizell                                                                     July 20, 2017

4518 Woodledge Drive                                   CERTIFIED MAIL 7013 1710 0002 1101 7705

Montgomery, AL 36109                       Return Receipt Requested 9590 9403 0711 5196 55783 46

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

Wells Fargo Home Mortgage

P.O. Box 10368

Des Moines, IA 50306-0368

ATTN: Leesa Whitt-Potter

Senior Vice President

Wells Fargo Home Lending

 

Subject: Request for instrument surrender Account 708-0128507779

 

Dear Leesa Whitt-Potter,

 

Thank you for your letter dated July 13, 2017. Your research is incomplete. Please allow me to state my primary concerns regarding your non-compliance. It is my duty to defend the title both equitable and legal.

 

Let me give you facts of record that should help in the completion of your research.

 

SIMPLE QUIET TITLE OR WHO HAS SUPERIOR TITLE?

As to Quiet Title Actions, Title Theory Explained, the title theory of mortgage law "splits the title [to a property] in two parts: the legal title, which becomes the mortgagee's and secures the underlying debt, and the equitable title, which the mortgagor retains." LemeLwn v. U.S. Bank Nat'l Ass)1, 721 F:3d 18, 21 at 23 (citing Bevilacqua v. Rodriguez, 955 N.B.2d 884, 894 (Mass 201I)) (internal quotation marks omitted); see also Houle v. Guilbeault, 40 A.2d 438,423 (R.I. 1944).

In real estate law, "equitable title" refers to a person's right to obtain full ownership of a property or property interest. This is often contrasted with or used in conjunction with the term "legal title." Legal title is the actual ownership of the land.

A mortgagor can reacquire this defeasible legal title by paying the debt which the mortgage secures.

Wells Fargo improperly refused prepayment or the purchase of the legal title. Default was used for a wrongful foreclosure. Wells Fargo had no valid lien and was not the holder in due course a sale without “cloud” over title was prohibited.

Alabama Title Theory (State)

A mortgage law theory that holds that from the date of the mortgage execution until the mortgage is satisfied or foreclosed, legal title belongs to the mortgagee and the right to possession belongs to the mortgagor while the mortgage is not in default. When prepayment is refused, there no longer can the word default be used thereby preventing foreclosure.

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.)

NOTE: James B. Graham agreed to provide funds already on deposit in satisfaction of any proven debt. Wells Fargo refused payment because it never loaned any money. FHLMC was the lender who sold the debt instrument that in turn was stolen.

American Jurisprudence 2d 1966: (Volume 25, Ejectment §19 Strength of own title)

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.”

No legal title was ever shown to be in the possession of Wells Fargo.

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.

 

We are not concerned with the promissory note of the loan. We are concerned only with the recorded title instruments, (Grant or Warranty Deed) which involves all matters involving title to the property along with all recorded security interest.

 

A mortgage is known as a security instrument which serve to secure the promissory note debt or loan obligation as against a certain parcel of property. The only difference is that a deed of trust possesses the “power of sale” authority, Alabama is a nonjudicial foreclosure statue state. If a default occurs, the lender orders the trustee to sell the property by publication (notice) and sale (generally on the courthouse steps). THE PROBLEM: THERE CAN NEVER BE DEFAULT WHEN PAYMENT IS REFUSED.

Superior title is represented in the grant the which represents ownership interest in the property as a grantee. The properties ownership is represented by the recording of what is known as the grant deed or Warranty Deed.

 

“BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.  Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.”

 

Where is a “power of sale” instrument?

Wells Fargo possesses no authenticated instrument granting “power of sale”.

 

THE NOTE IS THE NOTE. TITLE IS THE TITLE.

The information from Wells Fargo Bank, N.A. cancel/rescind silence is proof that there was no “power of sale” authority. The information requested complete with proof of WF silence can be attached as exhibits in pleadings that are part of a prove-up process called deraignment.

 

“No title is conveyed through the sale” when a party who lacks a right to enforce the note proceeds with foreclosure sale. Williams, supra. Cited in Holms v. Wells Fargo Home Mortgage, Inc. et al, 43rd Jud. Cir. Ct. Div II, No. 08CN-CV00944 (Jan. 26, 2015).

 

A lender can foreclose on a borrower in default, but cannot evict without “prove-up” instruments containing “power of sale”. A note is an obligation to pay. Title conveyance can be purchased from one who has “power to sale”.


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.

 

WHO HAS SUPERIOR TITLE TO THE PROPERTY?

 

WHO HAS SUPERIOR TITLE TO THE PROPERTY is the question to be resolved by a quiet title action. Who is now vested with seisin (right to quiet title enjoyment), which includes the right to encumber the property.

The objective for filing a case for quiet title

The “thing” is a piece of property that must be rendered marketable again because there are defects in the chain of title and Wells Fargo and any other who profess to have any such interest in the title legally, do not. The primary purpose is to adjudicate the toxic, void and bad Title Instruments recorded against the property that is to be defended at all cost. Wells Fargo practiced “Robo-Signing” and made such practice commonplace. Now Wells Fargo is presenting instead the unsworn and unverified statement of barred attorneys as” competent evidence”. The lap-dogs (lawyers) for Wells Fargo are all brainwashed and trained, (See manual) to deflect attention from the title issue, but to instead focus on recorded false instruments.

 

MIZELL’S DUTY TO DEFEND

First One: Mizell’s name is either on the deed or it’s not.

NEEDED IN PLEADINGS: THE CLAIM OF SUPERIOR TITLE in pleadings and PROVE that no other claimant has any legitimate “potential adverse claim” to title to your property through an evidentiary process. (YOU MUST ASSERT YOUR RIGHTS). Chain of Title Assessment, or COTAs are not to be used as exhibits, but are valuable for use in deraignment of title.

                 a certified copy of warranty deed included as exhibit.

                 Contractual obligation to defend title.

                   Supporting Statutes and Case Law

Second One: A valid title report from a bono fide source, a report that can be attached to Mizell’s pleadings as exhibits.

Third One: Court ordered certificate of publication.

 

STATUE OF LIMITATION: NONE.

Alabama Property Rights & Remedies § 10.10(e) there is no statutory time within which an action to quiet title must be brought.

Anyone who claims an interest in the property must “prove it up.

 

American Jurisprudence 2d 1966: (Volume 25, Ejectment § 19 Strength of own title)

"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." Thus, even against one without title, plaintiff cannot recover in ejectment unless he proves title or prior possession in himself; and if he recovers by virtue of prior possession, he may be said to recover as much upon the strength of his own title as if he had shown a good title to the premises. On the other hand, in order to prevail, plaintiff is not required to establish perfect title, all that is necessary being proof of a title superior to that of the defendant."

 

ALABAMA · (Title Theory State)

Adverse Possession Statute: Alabama Code § 6-5-200

Declaratory Judgment Statute: Alabama Code Article 5

Deficiency Judgment Statute: Alabama Code Title 35 (Deficiency judgments can be sought post-foreclosure or deed-in-lieu-of foreclosure in Alabama)

Lis Pendens Statute: Alabama Code § 35-4-131 (Notice of Actions)

Quiet Title Statute: Alabama Code§ 24-9-8 (2013)

     Service of process: Alabama Rules of Civil Procedure Rule 4.1

     U.C.C. Statute Title 7, Volume 6 (effective January 1, 1967)

Type of foreclosure State: Non-Judicial

Note Required to Foreclose: Either/Or, depending on circumstances Shall or May have “Power of Sale” is the question that gives way to the fraud, which is the qui tam subject.

 

Redemption Period: 3 years

 

Type of Tax Sale: Lien

 

Applicable Authority Allowing Challenges to Void, Voidable or Fraudulently

Recording Mortgage Documents Affecting Chain of Title:

 

1. Ala. Crim.Code, Title 13A, Ch. 9, Art. 1, § 13BA-9-4, Forgery; 2. Ala. Crim.Code Title 13A, Ch. 9, Art. 6, 13A-9-130(c)(l)(c), Residential mortgage fraud; 3. A common law right to cancellation of written instruments exists. See Woodlawn Theatre Co. v.Continental Securities Corp. of Alabama, 237 Ala. 88, 91 (1939). 4. Congress v.U.S. Bank, 98 So.3d 1165, 1169 (Ala. 2012), [Allows home owner to challenge an assignment and promissory note's authenticity.]

 

Statute Description and Actionability:

1. Ala. Crim.Code, Title 13A, Ch. 9, Art.1, § 13A-9-4 makes it a felony to falsify any written instrument to be filed or recorded in a public office; 2. Ala. Crim.Code Title BA, Ch. 9, Art. 6, § 13A-9-130©(1)© makes it a felony to file or a forged written instrument in a real estate transaction; 3. The criminal statues should be actionable pursuant to the Ala.Deceptive Trade Park. Act, Ala. Code§§ 8-19-5(27), 8-19-3(3), and 8-19-10.

 

Common Law or Civil Fraud Statute:

 

1. Ala.Civ.Code, Title 6, Ch. 5, Art. 8, l § 6-5-101, Fraud, Misrepresentations of Material Facts; 2. Common Law Fraud:“The elements of fraud are (1) a false representation (2) of a material existing fact (3) reasonably relied upon by the plaintiff {4) who suffered damage as a proximate

consequence of the   misrepresentation." Saia Food Distribs. &Club, Inc. v.

SecurityLink from Ameritech, Inc., 902 So.2d 46, 57 (Ala. 2004).

 

ALABAMA STATE CASE NOTES:

As to Quiet Title Actions, General: In Wise v. Massee, 239 Ala. 559 (Ala. 1940), the court Observed that “in action to quiet title, a certain, continuous identification of the property is necessary.

 

HOW TO ADVANCE THE PROJECT

 

  1. 1.Make Ozark attractive as a tourist attraction
    1. 2.Broad Street renovated as visit to previous periods rich in historical events and symbols.
    2. 3.Advance Fort Rucker’s Army Aviation Museum to the number one Ala. tourist attraction.
    3. 4.Show Fort Rucker as the destination for all world governments to train helicopter pilots.
    4. 5.Show Southeast Alabama as the capital for the harvest of peanuts.
    5. 6.Associate Ozark with white beach sands that are only a short distance away.
    6. 7.Film stories about Ozark, the army aviation and the south for marketing.

 

WHAT HAS BEEN DONE AS THE FOUNDATION FOR THE PROJECT

 

Aviation Museum Open

Warrior Hall 1.4 billion facility for the simulator training of helicopter pilots.

Peanuts are the number one cash crop in southeast Alabama.

Broad street has experience over $4million in renovations.

Two of ten screen play ready for production.

Panama City has now an international airport.

Ozark has State Junior College for aviation skills.

 

WHAT IS THE MAJOR OBSTACLE?

 

“Clouded Title” must be removed form Holman House on Broad Street. “Cloud” imposed by powerful “criminal enterprise”.

Restore the maxim denied by Wells Fargo:

It is against equity to deprive freeman of the free disposal of their own property. Co. Litt. 223. See 1 Bouv. Inst. n. 455, 460.

 

The return of the property to marketability will be done.

 

Yours truly,

 

 

 

Haywood Jackson Mizell

334-239-8987



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.

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