BILL WITWICKI 2012 COMMENTS ON VIDEO ABOUT THE UNLAWFULL SEIZURE OF HIS HOME AND RANCH.
THE IGNORED GOVERNING STATUTES
§ 7- 3-501(b)(2) .PRESENTMENT.
Surrender the instrument if full payment is made.
§ 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.
ROLL THE 2012 TAPE
You want to know about what happened to me with my mortgage and the subsequent foreclosure. I can tell you all I can give you.
Basically, my experience and that is that I really had a farm with two mortgages. On the house and nine acres, the mortgage was with Regions Bank. The attached 54 acres required another mortgage. In total, there were two mortgages. The 54- acres mortgage was with Alabama AG.
It was right around the end of said July 4, 2010 that I was reading about the nationwide foreclosures. The facts that were discovered was that the banks did not have the proper papers, hence “robo” signing fraud was set up to cover the destroyed documents fraud. The original instruments were nowhere to be found and most mortgages were unenforceable, and stuff like that.
All in the world that I wanted to know was, who was the holder in due course of my mortgage and was I paying the right person. Satisfy all the debt meant paying the right person.
Now mind you, I was up to date. I never missed a payment. I was on time, and all I mean, everything was going well. Again, all in the world that I wanted to know was, Regions, Alabama AG, Are you the holder new course? Are you the one that has my mortgage note? Am I paying the right person?
So, I sent a letter on 3 August 2010 to Alabama AG Credit which is who had the 54- acre mortgage. I also sent a certified letter to Regions Bank, sent to them both, at the same time. I informed them that I was paid up to date. There is no problem. I just want to pay in full the holder in due course. Jack, I got to tell you I was not prepared for what happened. Literally, both did not want to answer.
They just said, Really, we do not do that.
Regions Bank said we are not quite sure what you are asking.
I was asking to see who the holder in due course was. Who has the unseparated mortgage paperwork, who should I pay?
Now interesting, Regions was called at their Birmingham office. I asked to see the promissory note. They told me that that note is in Hattiesburg, Mississippi. It is locked in a vault. Regions declared that Regions is not going to produce it for me.
Wait a minute, I know I said that if you, the holder in due course, and me are in contract, I have the right to see the note.
Regions said, “We are not going to drag it out. if we drag it out and you do not show up, then we have gone through all this for nothing.”
I said, did you say Hattiesburg? I said I have always wanted to visit there. I'll go down there whenever you make me an appointment to see the note.”
Regions Bank’s lady said, “Well, we cannot take that chance. You know that if we set up an appointment and then you don't show up, all will be for nothing.”
I responded by mentioning that I was former military. Military men are trained to always be on time. I will be there 10 minutes early and everything.
She put me on hold. When she came back, she said “Fannie Mae has the note.
I asked, what does that mean? That was all the information I can get from them.
Her response generated yet another letter requesting information about Are you the new holder in the course.
Now to Alabama AG Credit ,the 54 acres. All I did was say, “Well I just want to know who the holder in due course is.
Alabama AG, the letter addressed to the CEO, was immediately sent it to an attorney firm. Attorney Bobby Brown said basically responded informing me that his client, Alabama AG rejected my request letter.
Wait a minute. How can you do that? Alabama Ag’s balance owed was $43,000. I sent Alabama AG a letter, registered mail. I said, I will pay in full based on proof of claim. Produce the original promissory note that lets me know you are the holder in due course, and I will pay you in full.
I had the ability to get the money to do that. Again, I get a letter from them. I sent the offer to Alabama AG CEO, and next thing I know the answer was from the Attorney that said his client rejects this.
How can they reject the offer? I wanted to pay the original promissory note in full, but I wanted to see the note as the example of what I would pay off now.
I did the same thing with Regions. I did not have that kind of money, but I said not paid in full. Regions and I could renegotiate or do whatever. Regions would not refinance, they only refused themselves or let me refinance with another entity. Regions started this silly stuff. Regions did not know what it is that was asks or if ng anything at all was asked.
I understand English. Regions pretended not to understand English. Further correspondence proved fruitless. Every time the reply was that my client rejects this. or no we do not know what you are asking.
So, the foreclosure began when they published the Legal Notice in the paper.
The first property to be foreclosed was the 54 acres. The auction was conducted on the courthouse steps. It is what is called non-judicial foreclosure sale, also called a judicial sale or a sheriff’s sale. Oddly enough, after offering full payment, Alabama AG published that the foreclosure auction was undertaken and justified because the note was declared in default.
The State of Alabama, when it comes to foreclosures, can operate as nonjudicial state or when consent is absent, act under judicial law. The deciding factor is that the State of Alabama is prohibited from any act or anything that supersedes the Alabama Constitution or the US Constitution.
Every citizen has God given unalienable rights under the Fifth Amendment, due process of law. In Alabama, a nonjudicial foreclosure is permissible if it is with voluntary consent.
Consent was not given by me either to Alabama AG or to Regions. I had offered in writing to make one final payment in full, both refused to present evidence of debt that would have been paid in full along with the surrender of the original promissory note stamped paid in full. I was not in default. They lied when they proclaimed the notes in default. The holder in due course is the only one that can legally be paid. The holder in due course impacts title conveyance.
I was going to abide by the law. Both Alabama AG and Regions manufactured circumstances that approved their fraud.
A note default could justify what was done only if the result of a judge’s order after a due process hearing that applied the law equally. Non-judicial default was declared despite the facts there was NO default. Why? Because I was willing to pay and all I wanted to know was, who is the holder in due course. Both improperly refused full payment.
So, both declared the notes in default. Now no judge did this. There was no court order that I was in default. It would be just like my saying to anyone that I believe you are in default and to go further to the next step, which is to proceed to a foreclosure auction sale.
Both Alabama AG and Regions did publish a LEGAL NOTICE in the local paper for three weeks stating that I was in default. So, factually both thereby slandered me. They lied when they said that I was in default and foreclosure was necessary to satisfy the demands of the note they could not and have not produced.
The property was sold as is with NO warranty of title on the courthouse steps.
Somebody like me has excellent rights to ask why, why the courthouse steps, why on the outside. I believe that is because if you go inside the courthouse in the county will be somewhat libelous from the proceedings. On the courthouse steps, anything applies. Outside the courthouse on the courthouse steps, when consensual, the proceeding is not a state action. Several people are expected to show up to buy the auctioned property that is up for bid.
Naturally, I was there prepared to satisfy legally both promissory notes. I had the forethought to bring a man to videotape the non-judicial proceedings where I asked the correct questions when answered lawfully, the proceeding could have continued.
The maker of the videotape could also act as witness.
The auctioneer, who was also an attorney said to be “skilled” in the law and the law’s proper application. First, I asked the auctioneer if he had the promissory note with my wet-ink signature. The auctioneer said NO, he did not have the original promissory note with my wet-ink signature. He did not even have a copy of the contract or the actual original promissory note and mortgage that could not be separated. It is all on video.
On the video, the Sheriff’s Chief Deputy stands near the courthouse entrance behind me.
The Chief Deputy Sheriff, Ronnie Wentworth I knew. He walks up and comes into the proceedings. I did not know it, at the time, but once law enforcement appears the proceeding immediately becomes a state action. The non-judicial foreclosure that happens, once an officer of the state comes into play, advances to a judicial hearing demand. The non-judicial foreclosure auction must stop.
A non-judicial foreclosure is voluntary self-help exercise without benefit of any judicial inquiry. In other words, a court can guarantee rights of due process and equal protection of the law, which an attorney swears to defend and support. So much for an attorney’s respect for his oath or his being barred.
The auctioneer defied the law by proceeding to auction the property. The high bid was $46,000 and was accepted.
The mortgage balance was $43,000. The foreclosure procedure that followed policy and not the law was finished. Alabama AG had sold the property that was the security of the promissory note. Alabama AG had no longer any interest in the property because Alabama AG had already sold the promissory note and mortgage.
NO mortgage assignment had been filed into the probate records that would identify the holder in due course. Alabama AG obviously wanted payment twice for the same debt. The sale was also like the sale of a stolen car without title.
Coincidently, I never got back my wet-ink signature that was on the promissory note that was to be surrendered, stamped paid in full.
The note was paid in full by proceeds from the auction but has never been surrendered as required by law.
NO accounting has been offered. Funds that were generated by the auction were more than the debt balance. Alabama AG has wrongfully kept what was not theirs.
As far as I know, the promissory note is still in commercial circulation. Well, maybe a couple years from now, somebody could come up and say, “Hey, we have this promissory note now that was once with Alabama AG. We want the money or the property.
Regions Foreclosure auction was the same as Alabama AGs auction.
Regions did the same thing; they had an auctioneer. I asked the auctioneer the same questions again. Specifically, it is on the video. There was also a first-hand witness. The auctioneer attorney indicated that he did not have the wet-ink signature instrument either. I said well, you cannot proceed without possession of the instruments contract.
The auctioneer walked away from us, to have a little bit of privacy. When he came back, he said, “The auction will proceed as scheduled anyway. We are going to proceed”.
At the end of the Regions auction the high bid of $115,000 was accepted. Again, I only owed $113,000. I did not get the accounting or the difference in money. Regions likewise kept what was not theirs. I have never had surrendered to me the now satisfied original stamped paid in full promissory note.
Regions refused to validate and to produce the note as stipulated by law. The truth is out and there is plenty of law backing up the fact that Regions, as well as Alabama AG, are criminals.
What happens next after the auction is their policy procedure, not lawful procedure.
“It is not necessary for rescission of a contract that a party making the representation should have known that it was false, but recovery is allowed even though misrepresentation is innocently made, because it would be unjust to allow one who made false representation, even innocently, to retain the fruits of a bargain induced by such representations”.
In Coffee County one can justifiably wonder if theft there is legal plunder.
“The contract is void if it is only in part connected with the illegal transaction and the promise to pay single or entire.”
Regions and Alabama AG received the equity in the property, for free, in exchange for an unpaid bank liability that the bank cannot pay, without returning the mortgage note.
If the bank had fulfilled its end of the contract, the bank could not have received the equity in the property for free. Both kept the equity for free, and when called upon to return the mortgage note, both defaulted and became a criminal “dead beat”.
What they do next is, acting as the “creditor” their attorney sends, almost immediately within three days, what is called a demand for possession of the property. The 10-day notice given to vacate the auctioned property is a notice written on the attorney’s letterhead and signed by the attorney. Looks legal though illegally, unjust enrichment.
I did not know it, at the time, but I since learned that this is the procedure that is in a voluntary non-judicial foreclosure. If you leave the property voluntarily, there is an “undisclosed” clause in the contract that says you have abandoned the property.
The bank then claims the abandoned property as theirs and can then convey clear title that would otherwise be conveyed only by a wet-ink signature on a deed by the owner.
I did not leave voluntarily. Not only did I not leave voluntarily, but I also had a typed, notarized document, recorded it in the courthouse probate records as an affidavit of non-abandonment. I would not leave the property.
Thirty days from filing the document, the document became cured without rebuttal.
The Homestead Exemption with an affidavit of non-abandonment prohibited eviction. I did not leave voluntarily.
A year later, the high bidder who had “bought the property”, sued me.
Now here is another egregious act on their part, because the “new owner”, if you will, employed the services of an attorney, from the Enterprise area, Bruce McLean. The attorney should have known that to use a judicial court to enforce a nonjudicial foreclosure violates my rights of due process of law.
All non-judicial proceeding should have stopped. We should have gone to court even to the Supreme Court. At least I would have had redress to their charges.
They could not afford me equal protection of the law, to do so meant they would have lost all, free for nothing property, being taken, with aid of Law Enforcement’s badge and gun.
Later, the same vacate-the-property notice happens with Regions.
However, now it was Fannie Mae who “bought” the property, without recorded assignment, non-cash, just a credit bid. A year later, Fannie Mae sent me the same 10-day letter.
Again, I was sued in the Coffee County Circuit Court for ejectment. Again, an attorney came out.
What is funny is in this procedure, the attorney was acting, doing it more like that of a person of interest in the court. Both sides, two representative attorneys should have called on my address. There was no other person of interest. I was acting as a pro se litigant representing myself.
There are parallels here. They are using a judicial procedure, the courts, an agency of the state. If you will, to enforce a nonjudicial voluntary self-help private foreclosure, in both cases the judge's ruling was that of an “administrator” not as a judge that acted after conducting a full hearing.
The Judge should know or should have known, that a judicial state act to enforce a non-judicial foreclosure violates all new Uniform Commercial Code 9-503.
The UCC Code is clear, it says that one cannot use an agency of the state, that which is judicial, to enforce a nonjudicial procedure.
When I complained, the lawful complaint fell on deaf ears. The law was ignored. I reminded all there that, without the original evidence of debt, the promissory note, there could be no subject matter jurisdiction and that their case must be dismissed by rule of law because of lack of standing and subject matter jurisdiction in both cases.
The judge ruled in favor of Alabama AG and in favor of Fannie Mae losing judicial immunity doing so. I have never received notice of any hearing to address the subject of my alleged default. I never had a hearing on their claim that the notes were in default. It seems that the court does what the judge wants regardless of the law.
Take Alabama AG, the 54 acres, first, so, 13 August 2012 the Sheriff's Deputy came to my house and tells me that I am given, by the sheriff, two days to remove my animals from the 54 acres or they will throw me into jail.
Now mind you, this is a civil procedure not subject to arrest or being thrown into jail, arrest is a better word, if I did not get the animals off. but I only did it under duress. I did get the animals off within the Sherriff’s timeframe.
Later I was arrested, arraigned for a misdemeanor, convicted, but sentenced as a felon, and served 10 months in Covington County imprisoned. My filed notice of their actions being illegal and noticed that their agreement had been gained by their silence, which is tantamount to default. The notice was called, by the arresting officials, a lien, a false instrument. There did not care that the notice was a notice and not a lien. Anger wants revenge. Fraud cannot be exposed. After all judicial officers believe themselves to be judicially immune, they just think they are.
Eight o’clock in the mornings on August 17, 2012 was the deadline for the removal of all animals, 18 cows and 12 horses. It took late into the night of August 16, 2012 to finish removing the animals. I do not want to be arrested.
On the morning of the August 17th at 8 o'clock, I was ready, not wanting to be arrested. Even under duress. I do not want to be arrested.
A couple of minutes before 8 o’clock I was sitting in my driveway in my utility vehicle, drinking a cup of coffee and eating doughnuts, unprepared for what was about to happen.
A SWAT team rolled in on me. There were four vehicles from which disembarked several law enforcement personnel, armed, deployed around me with automatic weapons. The deployed SWAT team did have their automatic weapons pointed down with their finger on the trigger, that is an aggressive posture. Hovering overhead was a police helicopter.
I was sitting there in the utility vehicle with a cup of coffee and in the left hand and a donut in the right hand. The Sheriff's Deputy, in command, ordered me to show my hands. Ronnie and Frank came over and positioned themselves, one at my 9 o’clock and the other at my 3 o’clock position.
Ronnie demanded to know the status of that land as to, have the animals been removed? I was then told that if there is even one animal on that land, they were going to arrest me.
Now, at that point I am really confused because the procedure was a simple procedure, and they are treating me like a criminal. I had never been, in my adult life, arrested and charged much less convicted of anything. I have never threatened anyone as the SWAT team threatened me.
Regardless, the intention was to stay on the land. I complied by removing all my animals. So again, the one in command, I knew him. He was adamant in his most authoritative tone of voice. Again, if there was even one animal, meaning my cows or horses, just one that was the property, I would be arrested.
So, I said, “Well, let us go out and see.” That threw them.
The drive distance was about two football fields away. I said, “Here it is. Empty.”
The leader of the SWAT team, Don, was from Houston County and wanted to talk to me on a first name basis. I learned later that three counties had mobilized assets considered needed to conduct the raid with all these people. Even the SWAT team had a backup team in reserve. The Enterprise Police Department functioned as the reserve.
I have never done anything and have never threatened anyone, and I had never been incarcerated.
Don asked me, he said something about me being in a group. What about the 27 people group?
I said, “Oh, you mean the grand jury”?
Don said, “It is a grand jury”?
I said, “Yes.
We all wanted to know about a grand jury and how grand jury works. So, 27 of us signed up. We took a course. I taught part of the course.
“It was a grand jury?”
I said, “Yes it was”. I can apply right now what I learned. What I learned is that you are violating my fourth amendment right against unreasonable searches and seizures.
As a deputy, you took an oath to support and defend the US Constitution as it is and the Constitutional of the State of Alabama.
I said, “Have you ever read the U.S. Constitution?”
The men deployed around me still had the automatic weapons, they are wearing their armor, and suddenly, all looked at each other with these blank looks. None of them had ever read the Constitution. They all had sworn to support and defend the Constitution wherein is the Bill of Rights.
I did a radio show at the time. You may remember, and I had just spent, coincidently three weeks, on the Bill of Rights going over each one of them. The Bill of Rights outline the protective function of government is in the first 10 amendments to the Constitution. Again, blank looks.
I asked the men about what I thought was an easy question to answer. I said, “How about the Declaration of Independence, about 21 pages, have you read that document? Nothing. So, right then evidently, they did not consider us a threat.
I said, “As a matter of fact, I told these two deputies that I guarantee the safety of everybody that comes on my place.
The SWAT team members slowly began to put down their weapons and started unbuckling their vest and moved back into the cars.
When I went over to them. they shook hands with me now.
That was the 54 acres. Five months later, on the 16thJanuary 2013, I get the same two deputies, the setup man, Ronnie Wentworth and Frank Chirico, animal control officer. They come over and tell me that they are there, and they are going to kick me off the property and would do so at 9 o'clock.
It was my house; my possessions had been prayed over. I had moved most everything, all out, just in case. This time though, I had two witnesses there in the house and, of course, they can see the deputies and the SWAT team. This time they brought 11 vehicles and, as in both times, they had a helicopter above.
The knock on the door presented the two deputies to tell me that they were there to evict me from the property again.
Mind you this is a civil matter. I am not a criminal. There is no criminal indictment or anything like that. So, I said, “Well if you are here to evict me and everything, you have guns and badges”.
Mind you, I saw the helicopter. I saw people with their hands on their automatic weapons. I said, “I have been reading my Bible. I am going to go back and get my Bible. I'm leaving under duress because you've got the guns and the badgers, plus I am afraid for my life”.
Even though I had not yet left the house, I was told that if I even turned around and took one step that I would be arrested and the two to my friends inside the house would be arrested as well and all would be going to jail.
Now again, I never threatened anyone. I had made sure that I and my friends inside the house did not have any firearms or anything like that. They did not. I did not really pose a threat.
Anyway, I stood there, and I said, Well, I am going to get my Bible”.
The Deputy reiterated that if I take one step back into the house, I would be arrested.
When you think about the SWAT team, that is a threat, automatic weapons are threat instruments even when not pointed at me. The SWAT team members did have their fingers on the triggers.
So, anyway one of my friends came up behind me and he told the two deputies saying that he would get the Bible and then we would all leave peacefully.
When Becky got the Bible, we walked out. As I turned into the driveway, I counted 11 black sedans. I cannot tell you how many there were there. My guess would be upward 15. The helicopter was in the air.
Mind you, I have not been indicted for anything. I have not threatened anybody. Sheriff comes over and tells me that once I leave the property, if I ever came back onto that property, I would be arrested, and would go to jail.
I said, “I cannot leave. You have me blocked in”.
If I could sum it up. In summary, I would say this, all in the world that I wanted was to know if I was paying the right people. I guess the creditors considered that some form of a threat is the situation, both cases, Alabama AG and Regions Bank.
Afterwards, it took on a life of its own. Had I written in any correspondence even wrote, Mary had a Little Lamb, neither would have listened. They did not listen to anything that I had to say at all, especially with the 54 acres. They could have been paid by me, but in both cases I offered to pay in full been a little harder to get the $113,000 that I needed to pay Regions, but I had a father who was well off, he has since deceased, but my intentions were to come up with the satisfaction funds.
I read the law. Regions refused the offer, would not renegotiate, the CEO, through the attorney, refused to even listen or negotiate. Regions considered foreclosure the only option available that could cover the fraud embodied in the note and mortgage separation, never undisclosed. It was cut and dry.
They were bound and determined to foreclose. Both foreclosed. Both did it unlawfully. Both trampled on all my rights, which are due process rights and equal protection of the law.
What we discovered, now we know not during the time, that we were embroiled in its battle just doing the best you can just to survive.
Thanks to the digital revolution of the internet, the secret passageways are revealed and bear investigation.
Discovery exposed that the methods banker now use are completely different from the century’s old previous procedures. Separation that once rendered the note and mortgage null and void, and beyond enforcement, is not just about my two cases.
I noticed that the note and mortgage are really two things that must be maintained as one unit. The security instrument, the mortgage, also called the deed of trust, is worthless without simultaneous possession of the promissory note the mortgage secures.
These two together comprise a mortgage and they are to remain together, alive as long as they stay together not separated. Separation is called bifurcated, which means the two have been separated, made null and void under the law. Once the two are separated, my obligation is done, especially if they took that note and sold that note to someone else and kept the security instrument pretending to also possess the separated note.
What I was trying to ascertain, was the note sold and separated. Who has the note, the holder in due course? Whom will I pay? I would not like to pay for 30 years and be shocked to find out that I had been paying the wrong person. I did not know and was not told who had the note.
I mean, it is a simple thing, if, by parallel, I am in contract with you to make widgets and there arises a question concerning one of the widgets I would like to see the contract. You are obligated to show me the contract.
If the contract is with Regions Bank or Alabama AG, the contract will never again appear as if it does not exist. Regions and Alabama AG will tell you what the contract says, and you are to believe their testimony to be without error.
Here is the funny thing. I did not recognize at the time; I am now somewhat more sophisticated. When you look at your promissory note, I am single so my one signature, in the case of a married couple, there are two signatures. In either case, there is NO signature from any officer from the bank. So, is it a valid contract? I maintain that it is not.
Not only that, but I was not ever given full disclosure.
A contract comprises four elements: an offer, an acceptance, consideration, and full disclosure. I never got full disclosure. Nobody disclosed to me the holder in due course to whom only I could make full prepayment. I signed a promissory note and was denied full disclosure. I will certainly question some of the things I have studied and will keep a close look-out in the future.
Study, it is because I believe that creditors conceal facts that they know yet never to be presented to us that do affect us all.
I remember specifically, the one for Alabama AG closing, was conducted by an attorney. I had to pay for that attorney as the signer of the note and buyer of the property that involves the security instrument. I remember him saying its routine here, sign here, to get us through this, sign here, this point, just initial here.
Blind signing will get one through the routine. I will even read the fine print; I will never agree to the omission of full disclosure again. Read the contract. Give yourself at least a couple of days to study the contract before you sign.
I need to make sure that nothing is concealed. If I have questions, that is when full disclosure can be confirmed. later.
One question that was revealed when answered, why the attorney was there?
Attorney is said to represent the buyer, the signer of the note and mortgage. Was the attorney representing the seller, the realtor, or me? The attorney was actually representing the government evidenced by his taking of the closing documents to the Probate Office, needed for recording.
The promissory note is a negotiable instrument and is never recorded. So, what he did. I have come to understand is he ah-torned me. He ah-torned me to property that I, as peon, would pay for 30 years, but I will never own.
The state will seize the property if the tax is not timely paid. The mortgage states the mortgagor to be tenants on the property. and people I know people who have paid their mortgage for 30 years having it paid it in full, and they are still paying property taxes because they are truly tenants on the property.
This is not right; a man’s home should be his castle. I know, after studying the works of the founding fathers back when we had a land that was patented. The founding fathers came from England where no one owns land. The king owns land.
The founding fathers deemed the ownership of land so important that they made it extremely difficult, under the law, for someone to take land. Nowadays, you hear about the number of foreclosures being in the millions, and guess what, all are wrongful, unlawful. I had a homestead exemption. I offered to pay in full and Regions and Alabama AG improperly rejected the offer.
Okay, when they rejected the offer, they forfeited their right to declare me in default and pursue a default, foreclosure, and I think they did it twice and both Alabama AG and Regions Bank were offered payment in full. I offered full payment twice and both times the offer was improperly rejected. The foreclosures were wrongfully, absolutely.
Below are photos of “unbonded officials”, unlawfully seated in office, who sell their souls for a paycheck, blindly doing what is thought to be their duty, and all the while defying their oath of office that makes their word worthless. Facts are indeed stubborn.