November 12, 2020

Haywood Jackson Mizell                                                           November 05, 2020

4518 Woodledge Drive

Montgomery, AL 36109

Mark Blankenship, Mayor - This e-mail address is being protected from spambots. You need JavaScript enabled to view it "> This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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RE: Requirement for Eminent Domain Due Process 

Dear Mayor Blankenship et al,

     The purpose of this email is to determine your intensions concerning property located at 285 East Broad Street, Ozark, Alabama. Below is the precedent that is the basis of my request. The property was wrongfully taken from me without the exercising of the procedure of Eminent Domain and I was denied my right to Due Process under law.

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

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, 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.

     In order to be a lawful acquisition, the City of Ozark needed to meet the following criteria, particularly as owner I was to be paid just compensation at the fair market value of the property as determined during the Eminent Domain process. Additional, payment was to be made to me, the owner, within a “reasonable time” after the acquiring of the property. This was never done.

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 has been seven years since the City of Ozark seized the property that is the subject of this demand. To date, there has been NO probate Judge administering of a condemnation hearing and there has been NO Eminent Domain Tribunal established to determine the payment of “just compensation” for my property.

     Note: In 2008 Prudential Showcase Properties advertised the property for sale to be valued for $4,500,000. A gentleman from the western US gave me earnest money to seal a purchase agreement. A Wells Fargo imposed ‘cloud” over the title to the property prevented the materialization of the sale.

     As the law requires due process, no just compensation has been lawfully established. The exact amount of the occupancy cost has not been lawfully established. It is reasonable to conclude that the “just compensation” amount will range between the tax appraised value and the 2008 advertised value. The minimum to the maximum should range between the tax-based value or the sale 2008 sale price-based value.

     The current multiple for occupancy alone will be 1.3 times the “just compensation” amount. No purchase of title is included in the multiple.

     The monthly range from minimum to maximum is $9,152.77 to $62,500.00. There has already past 84 months. ($768,832.68 to $5,875,000.00)

     Previous City of Ozark administrations were said to be motivated as published, “When the house was in serious disrepair, it was put up for public sale, and the City of Ozark purchased it.”

     The City Attorneys and Circuit Court Judges have thus far prompted essentially “fiat accompli”,

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.

       Reason may prompt you to risk going on as has been conducted and it is your choice. You may erroneously assume that since you paid a foreclosing attorney what the attorney declared to be the outstanding balance on a mortgage, a mortgage where he declared the borrower to have defaulted in his obligation to pay. He declared that the borrower’s default authorized the power of sale, which he conducted having no possessed authority permitting the conducting of a simulated and wrongful foreclosure. Please note that there been NO authenticated evidence of default to appear and therefore does not exist.

     The facts that are of record is that there could have been no possible default because, among many reasons, Wells Fargo had refused to accept full payment of all, if any, remaining balance. The loan had been paid in full by June 2012. We later saw a 2014 affidavit filed into court records by a Wells Fargo vice-president that indicated that there was an overpayment of some $92,000.

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.)

     From a Certified Letter to Wells Fargo written to Wells Fargo on January 9, 2012. An offer to pay any remaining balance was made 14 months before the wrongful foreclosure auction.

Please send the unaltered genuine original promissory note to Wells Fargo Ozark Alabama Branch. After authentication, a certified amount can be determined that will, when payment is made in full, require you to surrender the instrument.

     Please also mail the documents you filed with Homeland Security identifying the source of funds involving Loan Number 708-0128507779. With this information I can be assured that the source of funds will be satisfied. Please answer the request as required by law.

     Wells Fargo, in a July 23, 2012 letter, stated why Wells Fargo believed themselves to be exempt for compliance with the request for them to surrender the paid in full loan instrument. No other reply, just silence.

“Enclosed is a copy of the Note you executed. We are not providing you with the original Note, because WFHM is not subject to USC Title 18, Part1, Chapter 101, Section 2071, as the Note was not deposited or filed with any judicial or public officer of the United States.”

WRONGFUL FORECLOSURE FOLLOWED,

HOPEFULLY TO COVER THE FRAUD

     Law enforcement were present at the wrongful non-judicial foreclosure auction, their presence made the entire foreclosure auction null and void and the subsequent deed, filed by attorney, David Sigler false and worthless. Ask the policemen and the deputies plus the roof-top snipers if they think my assertion is correct?

§ 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.

     Wells Fargo sold the promissory note in 2003 and no longer has any interest in the loan and informed the IRS who the real lender was. The separation of the note from the mortgage made the agreement null and void because no assignment was of record. (See MISC 282 pages 288-302)

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.

     More important Wells Fargo no longer had the original to stamp paid-in-full or to surrender after full payment had been paid.

Circuit Clerk Delores Woodham wrote and was received October 25, 2019.

“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.” (Wells Fargo has never surrendered the mortgage instruments even after the auction. Fraud)

     This one statement by the clerk make all the Circuit Court orders and opinions in the Case 26-CV-13-06 and cases and 26-CV-19-08, 07 null and void by an OPERATION OF LAW.

     Why is the authenticated original so important?

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".

Johnston v. Hudlett, 32 So. 3d 700 (Fla 4d DCA 2010)
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.

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 by Rules 1.510(c) and 1.510(e).

   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).

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 unless these rules or a federal statute provides otherwise.

     Below is a portion of the Transcript of the Quiet Title Hearing June 2019 that was supposed to be held in Judge’s Chambers with Fact Witnesses (Title authenticated Instruments) to determine Superior Title holder. Judge ignored the law governing a Quiet Title Action. NO Superior Title Holder was identified, defying entirely its purpose.

     THE COURT: and that’s essentially what I’m trying to explain to Mr. Mizell that he can’t go back and do that. If that note was offered, then it is already admitted into evidence.

       MR. MIZELL: Ma’am, here’s the thing. He made a statement- of course, he’s not sworn and so I don’t know if it’s true or not- but he said in a letter to me I presented that the original promissory note and mortgage during the last hearing with the court. That’s what he said what he presented was not authenticated. I challenge it.

     THE COURT: Yes, sir. But we do have certain- and I’m not trying to give you a lesson in the law, but we do have certain rules of evidence that apply and as a business record, it is self-authenticating.

     MR. MIZELL: Well, now, see, I’m totally confused.

     THE COURT: And I-

     MR. MIZELL: Here’s what he said was he presented it, and what he presented was not what was in this affidavit by the loan department. Said it had already been- let me- I don’t want you to take my word for it, but right here it is. You can see it if you like.

       THE COURT: I have seen it.

       MR. MIZELL: see it says that is paid.- And on top of that and is signed by Heather Parton, assistant secretary of Wells Fargo Home Mortgage- that they no longer have any interest in it.

      THE COURT: they don’t because it was sold at foreclosure, the city of Ozark.

       MR. MIZELL: no, ma’am. This was done before at least 2009 there’s no date on here for sure but it was the first identifying Client 708, so they disposed of that their interest in it.

   THE COURT: But see, we can’t go back and relitigate that, the other case. All I can do is tell you here today that Wells Fargo is not seeking $270,000 from you, and you don’t owe them $270,000—

     MR. MIZELL: Let me ask you this.

     THE COURT: --because that case has already been disposed.

     MR. MIZELL: She says she represented the city of Ozark and the city of Ozark is a public entity, municipality. The only way they can acquire private property is by Eminent Domain. And if they had done what they said, presented me the original being paid in full, then I could have sold the property in 2008.

       THE COURT: All of that would have been taken care of by the last case. There is nothing that happened during that proceeding that I can go back and do today.

       Mr. Mizell: let me just make one point and I’ll hush.

     THE COURT: Okay.

       MR. MIZELL: that trial in the probate one was basically discovery it had no standing and no subject-matter jurisdiction so all that cases, both of them are null and void by law.

       THE COURT: Well, the problem with that line of-- I was going to say reasoning but I’m trying desperately to help you to understand. When there is an order issued by Circuit Court, there’s a certain timeframe that attaches to it for appeal, okay, that went up on appeal to our Court of Civil Appeals and before the Supreme Court. And that becomes a final judgment. Whether you accept it as such, that’s what the law is, and I can’t go back and undo it. And we don’t get to file the same type actions, regardless of what the title is, I’m required to look at the content of what is filed, (NO INSTRUMENTS OF TITLE WERE FILED BY THE DEFENDANTS. See Clerk’s statement) not necessarily the title that is placed at the top of the page.

         MR. MIZELL: that case was dismissed, okay and the Court of Appeals dismissed. They said affirmed, no opinion.

     THE COURT: Yes, sir. That means they uphold what the trial court did.

     MR. MIZELL: Okay. My interpretation of what dismissed meant in that case was when they found that they had no subject matter jurisdiction, they were required to dismiss the action. I don’t know what particular one. I think I have it here somewhere, but the thing is the law requires that when you have no subject matter jurisdiction and no standing, which they didn’t, because the standing has to be authenticated before can be granted (Rule 12(B)). So that case was dismissed because of lack of subject matter jurisdiction and standing. And I have no different opinion of that because the only thing they can do. They had to do that.

.     THE COURT: Okay. I will certainly take a look at that and then issue an order with regard to this. And I’ve said, I read these pleadings more than once in an effort to get my head around exactly what you’re arguing here, so I will take that matter under advisement and issue orders regarding those motions in that case

     MR. MIZELL: Make one more thing. I do not want to discard or draw attention away from the Eminent Domain. Can you also consider that I want to transfer the title to them, but they have to do it according to the law, Eminent Domain? Right now, they have no Legal Title.

     THE COURT: I will take that matter under advisement, also, going to release you unless you have something else to add,

     MR. ANDRESS: We don’t.

     THE COURT:- as I’ve indicated I don’t mean that to talk down to you, but I actually read what was filed so it’s not necessary to read it to me here this morning.

     MS. STEINDROFF: Thank you.

     THE COURT: I will excuse you. That will take care of case number eight, and then will move to number seven which is Lot 8 of Lakeland Hill subdivision.

     MS. STEINDORFF: Thank you, Your Honor.

(End of proceedings.)

EXHIBIT QUIET TITLE ORDER

CIRCUIT JUDGE KIMBERLY A. CLARK

ORDER OF DISMISSAL

PURSUANT TO RULE 12(B).

     The order of dismissal was issued for reasons stated in Rule 12(B), which listed first is (1) lack of jurisdiction over the subject matter.

     Since NO instrument of title was filed with the clerk by Wells FARGO HOME MORTGAGE, FEDERAL HOME LOAN MORTGAGE and WELLS FARGO BANK NATIONAL ASSOC., there was no subject matter for the court to decide. The deed of record at the Probate Records (Deed Book 106 Page 509) showed H. J. Mizell to have Superior Legal Title.

     Only a certified Copy of the title deed issued to H. Jack Mizell from Jesse Adams in 1982 for the 285 East Broad Street, Ozark, Alabama property prevailed as EVIDENCE OF SUPERIOR TITLE, with NO outstanding encumbrance.

     The Court of Appeals will not review a case that has not a final order. NO Superior Title Holder has been identified by the court; therefore, no appeal can be made in the Quiet Title Action, action that has no statute of Limitations.

ALABAMA PROPERTY RIGHTS AND REMEDIES § 10.10(e)

     Because proof of title in actions to quiet title often depends on the lapse of time, there is no statutory time within which an action to quiet title must be brought. Williams v. Mertz,549 So. 2d 87 (Ala. 1989) (holding that Ala. Code § 6-2-3 is not a statute of limitations) citing Gilley v. Daniel, 378 So. 2d 716 (Ala. 1979) and Hooper v. Peters Mineral Land Co., 210 Ala.346, 98 So 6 (1923).

LAWFUL POSITION OF LEGAL TITLE HOLDER

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."

     Judge Kimberly A. Clark has filed NO “faithful performance” surety bond that law requires for her to file before she can be sworn in. Like all Public Servants, she prematurely sworn an oath to support and defend the constitution (NOT TO IGNORE DUE PROCESS RIGHTS).

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.

Should the judge not have subject-matter jurisdiction, then the law states that the judge has not only violated the law but is also a trespasser of the law. --Von Kettler et.al. v. Johnson , 57 Ill. 109 (1870)

"If the magistrate has not such jurisdiction, then he and those who advise and act with him, or execute his process, are trespassers." --Elliott v. Peirsol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)

     All Judge’s rulings and orders, made without a ”faithful performance” bond of record, are null and void by AN OPERATION OF LAW.

"Without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers. This distinction runs through all the cases on the subject; and it proves, that the jurisdiction of any court exercising authority over a subject, may be inquired into in every court, when the proceedings of the former are relied on and brought before the latter, by the party claiming the benefit of such proceedings." --In re TIP-PA-HANS Enterprises, Inc., 27 B.R. 780, 783 (1983)

When a judicial officer acts entirely without jurisdiction or without compliance with jurisdiction requisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had jurisdiction. Little v. U.S. Fidelity& Guaranty Co., 217 Miss. 576, 64 So. 2d 697.

     Please consider this request for you to inform me of your intentions to be consistent with MY PERSONAL INTENTIONS OF ALWAYS GIVING NOTICE before an event and its consequences become an unpleasant surprise. The notice in the Southern Star costs $283.00 to publish and was of a most serious nature.

     Please recall that before the 2013 auction of the 285 East Broad property there was published in the Southern Star a notice given that the property had NO encumbrance granting power of sale, plus the property was NOT granted to anyone as a donation and that no incompetent is owner.

     Wells Fargo Bank, N. A. possessed no contract to surrender as law requires.  Corruption personified. Instead executed will of incompetent or juvenile without authority from a probate hearing or notice. This notice published in Southern Star newspaper. (See below portions of the notice)

EXHIBIT FATAL NOTICE DEMAND FOR AUTHORITY Page 1 of 3                                                                                                      

NOTICE OF FATAL DEFECT AND DEMAND FOR CANCELLATION OF ALLEGED FORECLOSURE SALE

     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.

STATEMENTS INCORPORATED THEREIN

“Demand is hereby made for cancellation of an illegal foreclosure”.

“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”.

“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”.

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.

“WE DO NOT ALLOW SAID ACTION TO PROCEED ANY FURTHER UNTIL WE OBTAIN THE SOURCE OF AUTHORITY”.

NOTICE OF FATAL DEFECT AND DEMAND FOR CANCELLATION OF ALLEGED FORECLOSURE SALE was executed this day January 14^th, 2013 A.D.

     Perhaps now is the occasion to point out the most unreasonable acts by attorneys who claim to possess an instrument of authority that granted power of sale of 285 East Broad Street yet the attorney steadfastly refuses to make the instrument available for authentication in an official proceeding. (Violation of Title 18 § 1512 Tampering with a witness).

“alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;” carries a 20-year sentence.

GERMANE LAW

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."

1.510(c). "[I]t is apodictic that summary judgments may not be granted ... absent the existence" of admissible evidence in the record. TRG-Brickell Point NE, Ltd v. Wajsblat, 34 So.3d 53, 55 (Fla. 3d DCA 2010). Without evidence demonstrating appellee's status as holder and owner of the note and mortgage, GENUINE ISSUES OF MATERIAL FACT REMAIN, and summary judgment was improper.

Accordingly, we reverse the entry of final summary judgment in favor of appellee and remand for further proceedings. We note that a summary judgment motion may be filed "at any time" under Rule 1.510(a), and "this opinion does not preclude a re-filing of such motion, IF AND WHEN, THE NECESSARY LEGAL DOCUMENTS ARE BEFORE THE COURT." Mack, 541 So.2d at 800.

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.").

AMERICAN JURISPRUDENCE 2d §110.

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,

     The facts in this case are extremely simple. Due process was evaded. However, the questions are numerous, necessitating an unfortunately long statement. Is due process a duty for every sworn public servant? How much does an evasion of duty cost the evader, whose acts are contrary to law and equity and are unquestionable, as they are in defiance of the fundamental Maxim that “equity will not suffer a wrong to be without a remedy”, The law establishes a remedy in this case to be 12% per annum.

     Does the City of Ozark wish to gain title to 285 East Broad Street? If it is the decision that title is to be purchased, then Eminent Domain due process will establish the “just compensation” offer that can then be accepted or rejected.

     The City of Ozark can just continue to occupy the property at a 12% per annum interest. As property owner, I have no choice given the sovereignty provision of the municipality.

MAXIM SUMMARY

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.

     I would be remiss were I NOT to point out what SCOTUS, the supreme law of the land, has ruled as to the rights of the individual citizen.

One’s private life is his alone, even President Trump. The public cannot interfere.

Hale v. Henkel, 201 U.S. 43(1906)

Hale v. Henkel was decided by the United States Supreme Court in 1906. The opinion of the court states, in part:

     Page 201 U. S. 44 "There is a clear distinction between an individual and a corporation, and the latter, being a creature of the State, has not the constitutional right to refuse to submit its books and papers for an examination at the suit of the State;"

     Page 201 U. S. 74 "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and CAN ONLY BE TAKEN FROM HIM BY DUE PROCESS OF LAW, AND IN ACCORDANCE WITH THE CONSTITUTION. Among his rights are a refusal to incriminate himself and the immunity of himself and his property from arrest or SEIZURE EXCEPT UNDER A WARRANT OF THE LAW. He owes nothing to the public so long as he does not trespass upon their rights."

     Hale v. Henkel is binding on all the courts of the United States of America until another Supreme Court case says it is not. No other Supreme Court case has ever overturned Hale v. Henkel.

     None of the various issues of Hale v. Henkel have ever been overruled.

Since 1906, Hale v. Henkel has been cited by the Federal and State Appellate Court systems over 1,600 times! In nearly every instance when a case is cited, it has an impact on precedent authority of the cited case.

     Compared with other previously decided Supreme Court cases, no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts.

     Please advise me of your choice. Previous City of Ozark officials, that are no longer in elected office, refused to address Eminent Domain or to response to my certified written requests. The former Mayors as well as the City Attorney has so far not rebutted any of my assertions, but instead consented to them by silent acquiescence. Perhaps precedence shown below states their position better.

“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).

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.

Yours truly,

Haywood Jackson Mizell

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334-498-4187 cell

P.S. The attorney who orchestrated the simulated wrongful foreclosure in 2013 was Nathan E. Hardwick IV, managing partner with MHS, Atlanta Law Firm. His address can be found within the federal prison system and will remain so for 15 years. He is commanded to make restitution.

Department of Justice

U.S. Attorney’s Office

Northern District of Georgia

FOR IMMEDIATE RELEASE

Tuesday, February 12, 2019

Atlanta real estate attorney receives 15-year sentence for defrauding his law firm out of millions of dollars

ATLANTA –Nathan E. Hardwick IV has been sentenced to 15 years in federal prison for orchestrating a scheme to defraud his law firm out of millions of dollars. On October 12, 2018, following a four-week trial, a federal jury convicted Hardwick of wire fraud, conspiracy, and making false statements to a federally insured financial institution.

“This attorney violated the trust placed in him by his clients and his partners; as a result, he is now facing a lengthy prison sentence,” said U.S. Attorney Byung J. “BJay” Pak. “Lawyers who steal client money and embezzle from their partners can expect years in prison for their violation of trust.”

“It is especially troubling that this crime was orchestrated by a lawyer who swore an oath to uphold the law and represent his clients with integrity,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Hardwick was in debt through his own fault and chose to steal from his clients and firm to pay back that debt and finance his extravagant lifestyle. Now he will pay back his debt to society in prison.”

According to U.S. Attorney Pak, the charges and other information presented in court: Hardwick and Asha R. Maurya engaged in a scheme to defraud MHSLAW, Inc. and its subsidiaries, Morris Hardwick Schneider, LLC, and LandCastle Title, LLC, (collectively referred to as “MHS”). MHS owned and operated a law firm that specialized in residential real estate closings and foreclosures, and it ran a title business. MHS employed approximately 800 people in 16 states. Hardwick was the managing partner of the law firm and the CEO of the title business. He also ran the law firm’s closing division, which was based in Atlanta. Maurya managed MHS’s accounting operations under Hardwick's supervision and control.

In early 2007, Hardwick and his law partners sold off part of their business, and Hardwick pocketed approximately $11.8 million. Hardwick quickly squandered that money, however, and by the end of 2010 was broke and deeply in debt.

From January 2011 through August 2014, Hardwick siphoned off more than $26 million from MHS’s accounts to pay his personal debts and expenses and to finance his extravagant lifestyle. MORE THAN $19 MILLION OF THAT WAS CLIENT MONEY THAT WAS STOLEN FROM MHS’s ATTORNEY TRUST ACCOUNTS. Hardwick spent approximately $18.5 million of the fraud proceeds on gambling, private jets, and more than 50 different social companions.

MHS’s audited financial statements showed that the firm’s combined net income from 2011 through 2013 was approximately $10 million. During that same three-year period, however, Hardwick took more than $20 million out of the firm’s accounts.

Both Hardwick and Maurya made numerous false statements to Hardwick’s law partners concerning the amount of money that Hardwick was taking out of the firm. And Hardwick and Maurya conspired to cover-up the fraud.

Nathan E. Hardwick IV, 53, of Atlanta, Georgia, was sentenced by U.S. District Judge Eleanor L. Ross to serve 15 years, forfeit over $19.9 million in criminal proceeds, given a $2,300 special assessment, and will be required

When he is released from prison, Hardwick will be required to serve six years on supervised release.  Judge Ross sentenced Asha R. Maurya to seven years in prison, and three years of supervised release.  Maurya was also ordered to forfeit $900,000 in criminal proceeds.  Their restitution hearing is scheduled for May 9, 2019.

This case was investigated by the FBI.

Assistant U.S. Attorneys Russell Phillips, Lynsey Barron, Kelly Connors, and former Assistant U.S. Attorney Doug Gilfillan prosecuted the case.

For further information please contact the U.S. Attorney’s Public Affairs Office at This e-mail address is being protected from spambots. You need JavaScript enabled to view it "> This e-mail address is being protected from spambots. You need JavaScript enabled to view it or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

     Finally, the standard is easily seen as established. It is my intent to allow each to convict himself as to his relative status in face of the standard, thus condemning no one. I thought it good and worthy of effort to completely inform you of the events surrounding the absence of Eminent Domain and the ABSENCE OF “ENTITLEMENT TO FORECLOSURE FUNDS” by the actors. Please, be thorough and informed.

October 24, 2020

CONSTITUTION DEMANDS

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

   provided owner consents or rental at 12% per annum interest

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

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

Delay Payment Chart showing three possible property values.

Interest 12% per anum and no title conveyed.

Property Just compensation value varies as shown with yearly payments delayed

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

      $659,000.00 2014-2019

          $109,833.33 2020 to date

                                                                    $878,666.66 Total Due

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

                                                                     $4,500,000.00 2014-2019

                                                                        $625,000.00 2020 to date

                                                                     $5,750,000.00 Total Due

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

                                                                    $2,250,000.00 2014-2019

                                                                       $312,500.00 2020

                                                                    $2,875,000.00 Total Due

PUBLISHED MOTIVATION: PRESERVE OZARK HISTORY

PUBLIC SERVANT’S OATH OF OFFICE

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

DUTY DEMANDS

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

AMENDMENT V

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

MAXIM OF LAW BEFORE THE CONSTITUTION

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

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

LAWFUL POSITION OF PRIVATE PROPERTY OWNER

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

PRECEDENT LAW ON EMINENT DOMAIN

REQUISITES FOR A VALID EXERCISE OF EMINENT DOMAIN:

     1. Expropriation is for a public use

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

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

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

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

PUNISHMENT FOR WRONGS

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

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

American Jurisprudence 2d § 611 DUE PROCESS applications

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

CONCLUSION

Without Eminent Domain no property is privately owned.

The government has been delegated only three powers:

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

OUR DUTY AS CITIZENS

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

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