Words from the Rising Republics
August 26, 2023
Haywood Jackson Mizell
767 Bush Creek Road
Opelika, AL 36804
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
Haywood Jackson Mizell )
Plaintiff ) CIVIL ACT #1:21-cv-00569-ECM-SMD
)
) COMPLAINT
) Promissory Notes Sold
Vs ) No Holder-in-Due Course
) Denial Due Process
Wells Fargo Bank, N.A. ) Superior Title Holder?
PHH Mortgage Corporation ) Payment in Full Refused
Defendants ) Jury Trial Demanded
NOTICE OF LIS PENDENS
Notice is hereby given that Haywood Jackson Mizell commenced a civil action against Wells Fargo Bank, N.A., and PHH MORTGAGE CORPORATION on the 27th day of August 2021. The Plaintiff claims a right, title, interest, or claim in and to; Property located at 285 East Broad Street, Ozark, Alabama 36360 described from deed as follows:
House and lot on East Broad Street in the City of Ozark, Alabama, known as
the J. D. Holman Residence property, and being more particularly described as follows: Bounded on the south by East Broad Street, on the east by house and lot known as the L. W. Kolb property recently purchased by Dr. William
E. Chesser and wife, on the north by property formerly known as the Charlie Stokes lot and now accessed to Mike Sollie, Sr., estate, and on the West by
a narrow street or alleyway called Rye Street and currently called Mutual Street. The property conveyed herein comprises in the aggregate two and one-half acres, more or less, and it is the intent to convey all of the
property acquired by the said J. D. Holman for his said home site, including· the parcel in the northwest corner of the total tract acquired from Saphronia Smith, the one-half acre, more or less, in the southeast corner of the total tract acquired from S. B. Brown and wife in 1912, and the one and one-half acres comprising the east portion of the total tract acquired from C. A.
Stokes in 1907, together with any other parcels acquired by J. D. Holman and
used by him in connection with the said home-place conveyed herein.
The Plaintiff alleges, among other things, the following:
1. Wells Fargo Bank, N.A. failed to prove their claim against Haywood Jackson Mizell and Alice Faye Mizell, Plaintiff and wife.
2. Wells Fargo Bank, N.A. executed WITHOUT TITLE HOLDER-IN-DUE-COURSE AUTHORITY, a non-judicial foreclosure in bad-faith against the laws of Alabama with no required Mortgage Banker Bond, and against the Supreme law of the land as previously decided by the United States Supreme Court.
3. Wells Fargo Bank N.A. unlawfully sold the above-described property to a public entity outside mandatory exclusive eminent domain due-process procedure. The illegal plunder was the result of the simulated foreclosure auction conducted on February 19,2013 prohibiting private bonding company settlement since there was no required bond for settlement.
The seizure of a debt-free residence by a municipality was enabled and ratified from actions, where there was no default, of a law firm whose managing partner knowingly acted without providing any legal authority whatsoever and after the firm’s refusal of full payment, that would eliminate default if any, refusing satisfaction of any provable remaining debt balance. Wells Fargo Bank’s official signature confirmed full payment had been made. NO DEFAULT.
Nathan E. Hardwick, managing law partner kept the proceeds from the auction for his own personal use. Hardwick is now serving a 15-year sentence in federal prison.
Supreme Court of Alabama ruled in 1949 that District Courts are to intervene to see that just compensation is paid when property is conveyed from private to public ownership. The current status of the complaint: under further review by USMD after order from the Eleventh Court of Appeals.
Respectfully submitted,
______________________________
Haywood Jackson Mizell
767 Bush Creek Road
Opelika, Al 36804
334-498-4187
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August 26, 2023
