October 22, 2020

 

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 dictionary2^nd.

     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 14^th, 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.

July 19, 2020

 

COMMENT: 90% OF ALL MORTGAGES IN AMERICA are GSE loans by Freddie Mac or Fannie Mae. This is an effort to allow banks to exceed the fractional banking limit of 9 times the bank’s deposits (Bank of America is on record for lending 52 times its deposits).

The GSE is not allowed to directly lend the money and wants everyone to believe it is the kind uncle who holds mortgages but will not foreclose. (See their instructions to all their servicers).

The originator bank gets a fee. The servicer gets a fee for pretending to be the lender and receiver of monthly payments. The servicer gets an even larger fee for foreclosing to make fraud appear legal.

GSE cannot bid in cash. The bid by a GSE can only be a credit bid, (no cash bid) acting in place of the servicing bank if no assignment is of record. 2002 instructions from the GSE to Originators and Servicers instructing them to digitize all documents including the assignment to the GSE and after scanning destroy all original instruments. One cannot be charged for altering an instrument that does not exists. (Title 18 §1512 is a maximum 20-year sentence, if convicted) The same that Roger Stone was charged with.

Most of the time the servicer unlawfully forecloses in its own name and coveys the property first to the GSE and the GSE sells the property for a fraction of its worth. The one percent’s ownership of Americas assets has risen from 9% in 2000 to 46% in 2018 thru use of this fraud.

The only answer as a safety net is a Quiet Title Action which has no statute of limitations. Only an honest judge can review the facts authenticated by the clerk, all without benefit of a jury that cannot alter the fact witness instruments, and in the judge’s chambers not for public hearing. Again, a dishonest judge risks being required to vacate his office and forfeit his “faithful performance” required bond. Most public servant do not post said bond, the keys to the American treasure are handed over to the criminals.

     Do not be deceived, the criminals will not go away voluntarily.

June 13, 2020

 

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

May 03, 2020

 

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, 43^rd 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

April 06, 2020

 

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

January 25, 2020

 

NBC NEWS REPORT January 23, 2020

   John Stumpf, the former head of Wells Fargo who presided over the bank's cross-selling scandal, has been barred from ever working for a bank, federal officials announced on Thursday.

     “The actions announced by the Office of the Comptroller of the Currency today reinforce the agency’s expectations that management and employees of national banks and federal savings associations provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations,” Comptroller of the Currency Joseph Otting said in a statement.

     Eight former executives were fined for their role in the sales fraud, including Carrie Tolstedt, head of the community banking division at the center of the scandal. Stumpf has agreed to pay a $17.5 million personal fine, and Tolstedt is facing a penalty that regulators say could top $25 million.

   The once-thriving San Francisco-based banking giant has experienced sluggish demand for its services since the scandal first came to light in 2016. It has paid $185 million in fines for unethical sales practices that included opening around 3.5 million fake accounts without customer authorization. It has also settled a $110 million class-action lawsuit and is currently facing a slew of lawsuits that could total $3 billion.

     About 5,300 staff members were fired in connection with the fraud. Stumpf abruptly retired from the company in October 2016, not long after facing blistering questions from congressional panels. The bank has since cycled through several senior executives and CEOs.

     An investigation by the bank's own board in 2017 blamed top management for creating an "aggressive sales culture" that led to the phony accounts. Wells' board singled out Stumpf and Tolstedt, saying both executives dragged their feet for years regarding problems at what was then the second-largest U.S. bank, and were ultimately unwilling to accept criticism that the bank's sales-focused business model was failing.

     Many current and former employees talked of intense and constant pressure from managers to sell and open accounts, and some said it pushed them into unethical behavior. The report backs up those employees' accounts. The board also found that Stumpf was unwilling to change Wells' business model when problems arose.

     "His reaction invariably was that a few bad employees were causing issues ... he was too late and too slow to call for inspection or critical challenge to (Wells') basic business model," the board said.

     Shares in Wells Fargo were down by around 0.5 percent Thursday afternoon.

Wells Fargo Potential Unauthorized Accounts Grows to 3.5 Million  Aug. 31, 201701:40

January 03, 2020

 

Haywood Jackson Mizell                                                               January 03, 2019

4518 Woodledge Drive      

Montgomery, AL 36109                       Certified Mail 7018 3090 0001 9985 3564

                                                             Return Receipt 9590 9402 4949 9063 7991 48

                                        

Wells Fargo Home Mortgage

Return Mail Operations

P.O. Box 10368

Des Moines, IA 50306·0368

ATTN: Amy Wachter

Senior Vice President

Customer Care and Recovery Group

 

Subject: Acknowledgment your typical letter addressed to Alice Faye Mizell and signed by Amy Wachter of December 26, 2019, Account 708·0128507779. The identity information regarding the Mortgage Banker Bond, policy number and claim department, were not mentioned. Mentioned was request for purchase of additional time. The outstanding obligation and agreed to amount for WF purchase of time: Total due as of January 01, 2020---$605,220,224.12

 

Dear Amy Wachter,

 

This letter is to response to your letter dated 12/26/2019. The above referenced contract was secured by both parties, the borrower secured the promise to pay with real estate that was wrongfully foreclosed upon and Wells Fargo secured their lawful conduct as lender with a Mortgage Banker Bond to be filed in the records of the Dale County Alabama Probate Office. WF’s failure to file the Mortgage Banker Bond into the record is one of WF’s defaults. WF has elected unlimited exposure and purchase of time until such time research has located the bond for execution. Such location determination could limit WF’s exposure, provided the bond is located, which establishes lawful limits to WF’s defaults that are illegal.

 

Needless to say, the time purchase amount is valid only as compensation for a default and is established by consent of both parties. Consent has been granted after proper notification and has been agreed to by a 30-day response silence identified and connected to each written request as clarified by each request for additional time. The current monthly time extension request is approximately $3.6 million as agreed to, and similar to late payment fees.

 

The borrower, and neither can the lender, lawfully exact collection of the security instrument without, judicial or consensual non-judicial, review. It is always best to let law enforcement lawfully make the collection, all without disturbance of the peace.

As borrower, the monthly additional fee amount is such that it is unwise to dishonor time extension requests short of reaching $1 billion. On the other hand, the borrower cannot prevent the lender’s default curative efforts in curtailing lender’s exposure.

 

WF’s Mortgage Banker Bond default existed from the beginning and continues even today, and without dispute or dissent as to its default liability.

 

Your truly,

 

 

 

Signed for Alice Faye Mizell by her husband Haywood Jackson Mizell

 

Enclosed copy of your letter dated 12/26/2019.

December 29, 2019

 

Haywood Jackson Mizell                                                 December 20, 2019

4518 Woodledge Drive      

Montgomery, AL 36109                       Certified Mail 7018 3090 0001 9985 3557

                                                             Return Receipt 9590 9402 4949 9063 7991 31

                                        

Wells Fargo Home Mortgage

P.O. Box 10335

Des Moines, IA 50306·0335

ATTN: Joshua Naber

Executive Resolution Specialist

Customer Care and Recovery Group

 

Subject: Acknowledgment your letter of December 17, 2019, Account 708·0128507779. The identity information regarding the Mortgage Banker Bond, policy number and claim department, were not mentioned. Mentioned was the attempt to insult and mislead by declaring WF to not be the holder-in-due-course, instead claiming to be simply “note holder”. Additional time requested to respond at later date. The outstanding obligation and agreed to amount for WF purchase of time: Total due as of December 01, 2019---$601,585,645.08

 

Dear Joshua Naber,

    

     The attempt to insult my intelligence is not appreciated. My decades long request has been for the identity of the holder-in-due-course, which alone can be paid in full. We agree that WF is the SERVICER that cannot foreclose in its own name. Also, we accept WF’s continuing report that it is not the holder-in-due-course, but instead a “CRIMINAL ENTERPRISE” thief. Why parade non-disclosure?

 

“A jury could find it strange that those who insist that their conduct was proper and the intent pure went to such great lengths to hide it all from the light of day. From such secrecy much may be inferred.” Cox v. Adm”r U.S. Steel & Carnegie, 17 F.3d 1386, 1402 (11^th Cir. 1994).

  

     Baker and Donaldson has been, by affidavit, declared to possess the collateral file. WF does not disburse original documents, just electronic copies only.

 

     All spurious and electronic-computer-generated documents are worthless when compared to the ORIGINAL PROMISSORY NOTE, which WF’s obligation to surrender the original stamped paid-in-full has not been met. No state or federal law can exempt WF from this, to date, unmet obligation. See FRCP 1002. Null and void means nothing as pretended by WF.

 

    

     Allow me to refresh your awareness:

    

     Alabama State law declares the wrongful foreclosure auction null and void because Wells Faro Bank, N. A. was not the holder-in-due course of the Note. Freddie Mac was the lender as reported to the IRS. Wells Fargo foreclosed wrongfully in its own name even though not entitled to the funds generated by the auction contrary to §35-10-1.

 

Section 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.

 

     No debt instrument has been surrendered for authentication, which can be replaced by a court judgment.

 

Moreover, in the case of original mortgages and promissory notes, they are not merely exhibits but instruments which must be surrendered prior to the issuance of a judgment. The judgment takes the place of the promissory note. Surrendering the note is essential so that it cannot thereafter be negotiated. See Perry v. Fairbanks Capital Corp., 888 So.2d 725, 726 (Fla. 5th DCA 2004). The judgment cancels the note. The clerk cannot return these instruments to the parties. Johnston v. Hudlett, 32 So. 3d 700 (Fla 4d DCA 2010)

 

Servedio v. US Bank N.A (4D10-1898)

The summary judgment order should be reversed because the lender did not file “a copy of the original note and mortgage prior to the entry of judgment the original mortgage note with the trial court.” Even if the trial court considered the note and mortgage at the hearing, the documents were not authenticated, filed, and served more than twenty days before the hearing as required byRules1.510(c), 1.510(e) and Appellee’s failure to abide by these rules also necessitates reversing the order granting summary judgment. Verizzo, 28 So. 3d at 977-78; Mack v. Commercial Indus. Park, Inc., 541 So. 2d 800 (Fla. 4th DCA 1989).

 

     The Dale County Circuit Clerk stated that no original has ever been filed by WF. All court actions are null and void. (See enclosed Clerk’s declaration.)

 

§13A-9-12 (3) (3)

     Knowing he lacks the authority to retain a governmental record he refuses to deliver up the record in his possession upon proper request of a person lawfully entitled to receive such record for examination or other purposes. (See Title 18 §1512 for 20-year exposure.)

 

     It might be helpful to revisit another similar WF case and its outcome that opens an argument for equal justice under the law.

 

“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, 43^rd Jud. Cir. Ct. Div II, No. 08CN-CV00944 (Jan. 26, 2015).

 

     More Alabama law:

“Alabama law specifically contemplates that there can be a separation. See § 35–10–12 and Harton [v. Little, 176 Ala. 267, 57 So. 851 (1911)]. The Restatement (Third) of Property: Mortgages takes the position that a note and mortgage can be separated but that ‘[t]he mortgage becomes useless in the hands of one who does not also hold the obligation because only the holder of the obligation can foreclose.’ Restatement (Third) of Property: Mortgages § 5.4, Reporter's Note—Introduction, cmt. a at 386. The Restatement explains: “‘The note is the cow and the mortgage the tail. The cow can survive without a tail, but the tail cannot survive without the cow.”’ Id. at 387 (quoting Best Fertilizers of Arizona, Inc. v. Burns, 117 Ariz. 178, 179, 571 P.2d 675, 676 (Ct.App.), reversed on other grounds, 116 Ariz. 492, 570 P.2d 179 (1977)).” Court of Civil Appeals of Alabama. Diane GRAY v. FEDERAL NATIONAL MORTGAGE ASSOCIATION. 2120087. Decided: January 10, 2014 (Emphasis added)

 

While Bank of America alleged in its unverified complaint that it was the holder of the note and mortgage, the copy of the note attached to the amended complaint contradicts that allegation. When exhibits are attached to a complaint, the contents of the exhibits control over the allegations of the complaint. Khan v. Bank of America (Fla: Dist. Court of Appeals, 5th Dist. 2011) (See 1099A report to IRS that WF was not the lender)

 

     Larger print can sometimes be helpful to understanding. WF seems to have never heard of the infallible truth recorded in Job 32:8.

 

     Quitting from being a deadbeat is an admirable quality for any morale entity.

 

     2 Samuel 10:12 encourages us to Be of good courage, and let us play the men for our people, and for the cities of our God; and the Lord do that seemeth him good.

 

Yours truly,

 

 

Haywood Jackson Mizell

334-498-4187

 

Enclosed: Your letter dated December 17, 2019

                 Statement of NO original from Clerk

                 1099A identifying actual lender

               WITHOUT RECOURSE transfer to real possessor of note

             Offer to pay in full in full written to Carle Murray

           James B. Graham’s offer to provide full payment that was

                   IMPROPERLY REFUSED.

 

FRAUDULENT CONVEYANCE:

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.) (See (MISC Book 282, pages 295 and 296).

 

COPY

 

December 17; 2019                                              

 

Haywood Jackson Mizell 4518 Woodledge Drive

Montgomery, AL 36109

 

Subject: Information about account number 0128507779 for Alice F. Mizell Dear Haywood Jackson Mizell:

Thank you for the opportunity to address your request. We want you to know we're here to help. We're responding and want to make sure you have the information you need.

Note holder information

We're the servicer and assignee for the account. You may contact us at: Wells Fargo Home Mortgage

POBox10335

Des Moines, IA 50306

Phone number: 1-800-853-8516

We will respond to your additional requests at a later date.

Going forward

 

We value your feedback and appreciate the time and effort you took to contact us. It's been my goal to fully address the request you've brought to our attention.

 

If you have any questions, I'm here to help. You may reach me at 1-800-853-8516, extension 1335621039. I am available to assist you Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time. If you require immediate assistance and I am unavailable, other representatives are available to assist you at 1-800-853-8516, Monday through Friday, 7:00 a.m. to 7:00 p.m.

Central Time.

 

Sincerely,

-"2

Joshua Naber

Executive Resolution Specialist Customer Care and Recovery Group

 

CC:      Alice F. Mizell

4518 Woodledge Dr

Montgomery, AL 36109

 

Mr. Mizell:

 

Enclosed 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.

 

                                                                                                                   DALE COUNTY CIRCUIT CLERK

                                                                                                                              P.O. BOX 1350

                                                                                                                  OZARK, ALABAMA 36361

                                                                                                                      TELEPHONE: 334-774-5003

 

NOTE: Received by mail

             October 25, 2019

1099-A

DATED 1/21/2014

 

WELLS FARGO BANK, N.A.’s REPORT

TO IRS IDENTITY OF ACTUAL LENDER’S

NAME, ADDRESS AND TELEPHONE NUMBER

 

LENDER WHO HAS NOT FORECLOSED AS HOLDER IN DUE COURSE:

                            

                             FHLMC

                             8609 WESTWOOD CENTER DRIVE

                             PO BOX 5003

                             VIENNA, VA 22108

 

WITHHELD LENDERS FEDERAL IDENTIFICATION NUMBER: 52-0904874

 

PREVIOUSLY IDENTIFIED AS INVESTOR CLIENT 708

 

WELLS FARGO HOME MORTGAGE, INC.’s

Transfer of note without recorded assignment,

sometime before 2009. No longer with enforcement rights of a holder in due course.

 

STAMPED AND SIGNED AS BELOW:

 

WITHOUT RECOURSE

PAY TO THE ORDER OF

 

 

WELLS FARGO HOME MORTGAGE, INC.

 

BY: ____________ See signature _____________

       Heather Partin, Assistant Secretary

 

Sign Original Only!

 

1. 1.OFFER OF FULL PAYMENT BY ALICE FAYE MIZELL DATED JANUARY 9, 2012, SERVED BY CERTIFIED MAIL WAS IMPROPERLY REFUSED. THE SURRENDER OF AUTHENTICATED NOTE AFTER HAVING BEEN PAID IN FULL WAS IGNORED.

 

1. 2.NOTARIZED AFFIDAVIT OF REFINANCE COMMITMENT BY JAMES B. GRAHAM DATED SEPTEMBER 3, 2013.

 

1. 3.AFFIDAVIT BY CHARLES EUGENE RUTLEDGE DATED SEPTEMBER 3, 2013 CONFIRMING PRESENCE OF LAW ENFORCEMENT AT AUCTION CONDUCTED FEBRUARY 19, 2013 ON BEHALF OF WELLS FARGO NOT FHLMC.

 

NOTE:

Letter dated March 23, 2017 signed by William G. Berry, Foreclosing Attorney at Morris-Hardwick-Schneider stated:

 

“snipers were placed on the roof of the courthouse.” “My managing partner at the time, Barry King, cried the sale on behalf of Wells Fargo.”

Frederic Bastiat in 1850 made this observation in The Law.

“the purpose of the law is to prevent injustice from reigning.”

 

“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.”

 

“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 crime

Against humanity in history”

Mr. Potter, Vanity Fair Magazine

 

“When a portion of wealth passes out of the hands of him who has acquired it, without his consent, and without compensation, to him who has not created it, whether by force or by artifice, I say that property is violated, that plunder is perpetrated. I say that this is exactly what the law ought to repress always and everywhere. If the law itself performs the action it ought to repress, I say that plunder is still perpetrated, and even, in a social point of view, under aggravated circumstances. In this case however, he who profits from the plunder is not responsible for it; it is the lawgiver, society itself, and this is where the political danger lies. I declare that I do not mean to impugn the intentions nor the morality of anybody. I am attacking an idea that I believe to be false-a system that appears to me to be unjust; and this is so independent of intentions, that each of us profits by it without wishing it, and suffers from it without being aware of the cause.”  

VICTIMS OF LAWFUL PLUNDER

Men naturally rebel against the injustice of which they are victims. Thus, when plunder is organized by law for the profit of those who make the law, all the plundered classes try somehow to enter — by peaceful or revolutionary means — into the making of laws. According to their degree of enlightenment, these plundered classes may propose one of two entirely different purposes when they attempt to attain political power: Either they may wish to stop lawful plunder, or they may wish to share in it.

Woe to the nation when this latter purpose prevails among the mass victims of lawful plunder when they, in turn, seize the power to make laws! Until that happens, the few practice lawful plunder upon the many, a common practice where the right to participate in the making of law is limited to a few persons. But then, participation in the making of law becomes universal. And then, men seek to balance their conflicting interests by universal plunder. Instead of rooting out the injustices found in society, they make these injustices general. As soon as the plundered classes gain political power, they establish a system of reprisals against other classes. They do not abolish legal plunder. (This objective would demand more enlightenment than they possess.) Instead, they emulate their evil predecessors by participating in this legal plunder, even though it is against their own interests.