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Welcome to Freedom Yell


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

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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

Words from the Rising Republics

 

November 06, 2012

Alice Faye Mizell                                     CERTIFIED MAIL #7010 2780 0001 0046 1946

285 East Broad Street

Ozark, AL [36360]

 

Wells Fargo Home Mortgage

MAC X3803-03A

8480 Stagecoach Circle

Frederick, MD 21701

 

RE: Loan Number 0128507779

       Mortgagor: Alice Faye Mizell

 

       Property:     285 East Broad Street

                             Ozark, AL 36360-1522

 

Gentlemen,

 

This letter is to respond to your letter dated October 31, 2012 regarding the elimination of the above loan and your refusal to balance the account and bring to zero. The absence of documentation requested from you indicates you have no documents, or your efforts are worthless and there are no terms or note or mortgage loan. It is appropriate that you consider worthless any document to satisfy your non-existent documents in any attempt to bring to zero the account balance. Title 15 supports our exercise our legal right to validate of the debt that WFHM claims is owed.

 

Please refer to previous correspondence outlining our demand that the original document be surrendered simultaneous with the instrument paid in full. Along with a certified copy of the original instrument (no photo copy) you must provide a certified statement of the amount that must be submitted so that the instrument can be satisfied and consequently surrendered when paid in full.

You have refused improperly to accept payment of the debt. You stated in writing that you never “disburse original documents”. American Jurisprudence 2d stops repossession of the collateral on the basis that the debtor is in default.  

 

A tireless attempt has been made requesting that you provide us the verification documentation specifically providing a certified copy of the original document with said certification signed under the penalty of perjury.

We have requested that you Provide proof of claim signed under penalty of perjury and certification by an officer and/or agent authorized and/or permitted to provide such certification and/or authorization. That you Exhibit the original instrument in accordance with the UCC inter alia, and Alabama state Law, U.C.C. § 3-501(B)(12), inclusive of the genuine original Promissory Note and genuine original allonge(s) showing chain of title, the official accounting leger, inclusive of the following forms and OMB numbers of the forms to show the record of financial interest in the Promissory Note:

 

1.         Proof of the existence of an account of the actual establishment of debt account by the actual Sentient humans Haywood Jackson Mizell and Alice Faye Mizell, duly signed and written out by both parties and not any unilateral agreement. This would include but not be limited to the actual agreement upon which the signature page has direct reference to the entire agreement (note HAYWOOD JACKSON MIZELL and ALICE FAE MIZELL is an artificial collective entity, a title, of the limited liability fictitious corporation which is legal trade mark, which constitutes valuable legal interest of which all rights, title and interest are reserved and of which you have failed to notify the Caretaker and acceptance agent and supply proof of claim against the limited liability corporation.

 

2.         Proof of claim that WELLS FARGO HOME MORTGAGE are the original Holder in due course, of the aforementioned original debt instrument, and that it is not being un-sold to another party.

 

3.         A copy of actual accounting, original leger whereby WELLS FARGO HOME MORTGAGE, has incurred a loss as a result of the alleged debt.

 

4.         An invoice (not a statement), for any amount of money allegedly owed to WELLS FARGO HOME MORTGAGE by Haywood Jackson Mizell and Alice Faye Mizell.

 

5.         Provide proof of claim there is any money in circulation is backed by anything of value, by which any debt including this one that lends to the possibility that WELLS FARGO HOME MORTGAGE might get paid by way of actual money. And that the value of the document noted in you October 31, 2012 letter is not sufficient to discharge this debt under the following laws:

 

 

Fair debt collection Practices ACT (FDCPA), 15 U.S.C. § 1692 et seq., 1978 Title VIII of the Consumer Credit Protection ACT of 1978

The Indentured Trust ACT of 1939

HJR 192, 112 Statutes at Large 48, and P.L. 73.10 of 1933

EMERGENCY ECONOMIC RELIEF ACT May 12 1933

The Securities Exchange Act of 1934

The Fair Credit reporting Act Public Law No. 91-508 enacted in 1970

The Bankruptcy ACT of 1933

12 USC 411, P.L. 97-280

UCC 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-501-510

6.         Also provide these further items if associated with this matter in any fashion and or form. . .

                        (a) Federal Reserve form S3 registration statement,

                        (b) Federal Reserve form 424(b)(5) prospectus,

                        (c) Federal Reserve form FR 2046 balance sheet(s),

                        (d) Federal Reserve form FR 2049 balance sheet(s),

                        (e) Federal Reserve form 2099 balance sheet(s),

                        (f) The Deed of Trust.

                        (g) Chain of custody

 

                         This is a lawful request in accords with the aforementioned and the following:

 

U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS..PART 5. DISHONOR

§ 3-501. PRESENTMENT.

 

pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

 

U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS..PART 5. DISHONOR

§ 3-501. PRESENTMENT.

(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.

(b) The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like:

 

(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

 

                 By refusing to supply you will be violating the law and my rights under UCC.

 

                   Once Again this is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section (as well as other laws both federal and local). It is respectfully requested that your offices provide competent evidence that there is any legal obligation to pay in accords with the aforementioned laws.

 

Please provide and or furnish the following:

· What the money you say owed is for;

· Explain and show how your offices calculated what allegedly is owed;

· Provide a certified copy of the original signed instrument that shows agreement to pay what is allegedly owed;

· Provide a verification or certified copy of any judgment if applicable;

· Identify the original creditor in this matter and the contractual agreement employing your company.

· Proof that the Statute of Limitations has not expired on this account

· Show that you are licensed to collect in the State of Alabama.

· Provide verification of your license numbers and Registered Agent and well as EIN.

 

                       It come of necessity and obligation to inform you that if your offices have reported invalidated information to any of the Credit bureaus/agencies such action will be construed as fraud under both Federal and State Laws. Further if any negative marks are found on any of portion of the credit file associated with this matter by your company or the company that you represent it will come necessary to bring legal action against you for the following:

·           Violation of the Fair Credit Reporting Act

·           Violation of the Fair Debt Collection Practices Act

·           Defamation of Character

.       and may include any of the following means:

   administrative review, SEC Hearing, LIEN and or Law suit.

 

                   If you and your offices are able to provide the proper documentation (originals and or certified copies of verified documents) as requested in the aforegoing Declaration, it will receive a prompt response, however at least 30 days will be needed to investigate and review the validity of the information provided and during such time all collection activity MUST cease and desist in good faith.

 

                     Further during this validation period, should any action be undertaken which could be construed as detrimental to any portion of the credit files related hereto, it will constitute a breach and will result in consultation with legal counsel. This includes any listing of any information to any credit reporting repository that could be inaccurate or invalid or verifying an account as accurate when in fact there is no certified valid proof that it is.

 

                       Your offices have 15 calendar days to respond to this validation/certified verification request, if a response is not received within 15 days from the date of your receipt of this presentment, all references to this account must be deleted and completely removed from the credit file and a certified copy of such deletion confirmation shall be sent to the addressee immediately.

 

                       It is further requested, and you are now given notice that all contracts adhesion and or otherwise are hereby terminated with your company. That no communication via telephonic, e-mail correspondence, written correspondence, and or electronic correspondence shall be had between your company and the client, you are hereby commanded an ordered to cease and desist in such communication. You are to communicate via written correspondence only to the following address under the following name:

 

James B. Graham

1393 Jernigan Road

Ozark, Alabama [36360]

 

Should your offices attempt telephone communication with the client, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and result in a fee assessment of one thousand dollars per instance per issue. All future communications with the client MUST be done in writing and sent to the address noted above via USPS.

 

                     This document and all communication from the client and our offices are peaceful communication, non-combative, non- aggressive, and without dishonor. It would be advisable that you assure that your records are in order if there’s a likelihood of the need to take legal action. This is a good faith attempt to correct your records; any information obtained shall be used solely for that purpose. We have accepted your claim under the condition of validated proof of claim including an uninterrupted chain of recording.

 

                        You are hereby ordered, commanded, direct it to cease and desist any and all collection activities including but not limited to foreclosure proceedings, Sheriffs sales, trustee sales, negative reporting activity as this matter is now in dispute and by law (the aforementioned laws are mentioned as well as the Uniform Commercial Code as well as American Jurisprudence 2d), and until this disputed matter has been resolved you may not and shall not continue proceedings in foreclosure and or collections in reference this matter until verification (as required by law documented and proven certified facts), shall have been produced. You have 15 CALENDAR days to comply with the above demanded information!

 

                           You may choose either option, to balance the account and bring to zero. Or you may choose the option of providing us the verification documentation requested above.

 

We send our Best Regards,

 

____________________

Alice Faye Mizell



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”.