Words from the Rising Republics

April 06, 2020

 

November 06, 2012

Alice Faye Mizell                                     CERTIFIED MAIL #7010 2780 0001 0046 1946

285 East Broad Street

Ozark, AL [36360]

 

Wells Fargo Home Mortgage

MAC X3803-03A

8480 Stagecoach Circle

Frederick, MD 21701

 

RE: Loan Number 0128507779

       Mortgagor: Alice Faye Mizell

 

       Property:     285 East Broad Street

                             Ozark, AL 36360-1522

 

Gentlemen,

 

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

 

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

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

 

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

The Indentured Trust ACT of 1939

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

EMERGENCY ECONOMIC RELIEF ACT May 12 1933

The Securities Exchange Act of 1934

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

The Bankruptcy ACT of 1933

12 USC 411, P.L. 97-280

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

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

                        (a) Federal Reserve form S3 registration statement,

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

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

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

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

                        (f) The Deed of Trust.

                        (g) Chain of custody

 

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

 

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

§ 3-501. PRESENTMENT.

 

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

 

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

§ 3-501. PRESENTMENT.

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

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

 

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

 

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

 

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

 

Please provide and or furnish the following:

· What the money you say owed is for;

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

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

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

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

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

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

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

 

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

·           Violation of the Fair Credit Reporting Act

·           Violation of the Fair Debt Collection Practices Act

·           Defamation of Character

.       and may include any of the following means:

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

 

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

 

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

 

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

 

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

 

James B. Graham

1393 Jernigan Road

Ozark, Alabama [36360]

 

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

 

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

 

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

 

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

 

We send our Best Regards,

 

____________________

Alice Faye Mizell

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