Words from the Rising Republics

December 05, 2020

 

Haywood Jackson Mizell                                                             December 02, 2020

4518 Woodledge Drive      

Montgomery, AL 36109                     Certified Mail 7020 0640 0000 9460 7784

                                                           Return Receipt 9590 9402 6139 0209 7020 27

                                        

Wells Fargo Home Mortgage

Return Mail Operation

PO Box 10368

Des Moines, IA 50306-0368

ATTN: WF CEO Charles Scharf & Amy Wachter

Senior Vice President

Wells Fargo Home Lending    

 

Subject Status: Acknowledgment of your latest letter by Amy Wachter dated November 18, 2020. Account (instruments sold to Client 708) ·0128507779.

 

Dear CEO Charles Scharf & Amy Wachter,

 

This letter is to respond to your letter dated November 18, 2020 and signed by Amy Wachter. The format of this letter is such that it can used when published by Kindle.

 

Please accept all 170 previous certified mail correspondence as if all were incorporated in this letter.

 

The actions of Wells Fargo are broken into two groups, one that is in the public arena and the second is in the private arena where NO state or federal law can impair the obligations of the contract that is the subject of this letter.

 

The problem is that the subject contract has been declared null and void by Alabama Code Section 35-10-9. Theft and denial of due process rights are the primary issues that stand out.

 

Theft of property involving Wells Fargo in this matter was no gain for WF. The greater treasure of honesty and integrity, which was nowhere to be found with WF, was instead sacrificed. Well Fargo demonstrated that what WF spent was what it did not have. WF is without honesty or integrity.  

 

Wells Fargo piped a tune that enticed the City of Ozark away from its population’s greatest commodities, peace, honesty, integrity and prosperity where, “equity will not suffer a wrong to be without a remedy” is the standard guiding all of Ozark’s just behavior. Such a culture common to Ozark was considered foolishness to Wells Fargo. Wells Fargo could not lose what it did not possess. Wells Fargo paraded deceit, an imitation of the real and true. Wells Fargo made no effort to expose honesty, an honesty that even Stevie Wonder can see.

 

³ For they being ignorant of God's righteousness, and going about to establish their own righteousness, have not submitted themselves unto the righteousness of God. Romans 10:3 KJV

 

PUBLIC ISSUE

 

This letter is addressing two specific issues.

 

The first issue is the undeniable theft of property by Wells Fargo Bank, N.A.

 

The second issue is the seizure of private property by the public City of Ozark, done absent an Eminent-Domain-Due-Process-Probate Court-Administration hearings.

NO “just” compensation allowed the purchase of the seized private property.

 

The seized property rental charge amount for the past seven years is set by law at 12% per year based on the “just” compensation set by the Probate Judge’s Eminent Domain Tribunal. The outstanding rental amount is $5,875,000.00. After the granting of consent by the title holder, purchase of the seized property and the conveyance of said property legal title can be made of record.

 

Why is it necessary? Theft of property plus the omission of Eminent Domain are both errors that citizen’s duty demand that both actions must be brought to within the range of Alabama law’s tolerance. Below is the precedence for compliance.

 

"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).

 

What are the errors? First Theft of Property by Wells Fargo.

 

Frederic Bastiat in 1850 made this observation in The Law.

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

“When plunder becomes a way of life

                                         For a group of men,

                                        They create for themselves

                                         In the course of time

                                         A legal system that authorizes it

And a moral code that glorifies it.”

He went on to write the statement below that is germane to the issue of theft in this subject case.

“When a portion of wealth passes out of the hands of him who has acquired it, without his consent, and without compensation, to him who has not created it, whether by force or by artifice, I say that property is violated, that plunder is perpetrated. I say that this is exactly what the law ought to repress always and everywhere. If the law itself performs the action it ought to repress, I say that plunder is still perpetrated, and even, in a social point of view, under aggravated circumstances.

ANN RAND FOLLOWED BY VANITY FAIR ON THE CURRENT STATE OF AFFAIRS WHERE THE FBI STATES THAT 80% OF ALL MORTGAGE FRAUD IS

DONE BY THE CREDITOR, NOT BY THE BORROWER.

“Money is the barometer of a society’s virtue. When you see that trading is done, not by consent, but by compulsion…when you see that in order to produce, you need to obtain permission from men who produce nothing …when you see your laws don’t protect you against them, but protect them against you…when you see corruption being rewarded and honesty become a self-sacrifice…you may know that your society is doomed.” The quotation by Ann Rand in “Atlas Shrugged.”

                                           “ It can fairly be said that

   The chain of catastrophic bets

Made over the past decade

By a few hundred bankers

May well turn out to be the

Greatest non-violent crime

   Against humanity in history”

            Mr. Potter, Vanity Fair Magazine

FEBRUARY 19, 2013 ROBBERY UNDER THE COLOR OF LAW

 

The City of Ozark seized private property without authority and offered the property owner NO legal “just” compensation. In Alabama only the Alabama Historic Commission can purchase structures that are on the National Register of Historic Places signed as worthy of preservation by the Governor of the State of Alabama.

Only property on the National Register of Historic Places can qualify for the IRS 25% investment tax credit for use against a taxpayer’s expenditure in his restoration of the historic private property.

 

 

 

BRGY. SINDALAN VS. CA

Expropriation, if misused or abused, would trench on the property rights of individuals without due process of law.

The exercise of the power of eminent domain is constrained by two constitutional provisions:

(1) That private property shall not be taken for public use without just compensation under Article III (Bill of Rights), Section 9 (2) That no person shall be deprived of his/her life, liberty, or property without due process of law

 

“Public use” is defined as whatever is beneficially employed for the community

            - The number of people is not determinative of whether or not it constitutes public use, provided the use is exercisable in common and is not limited to particular individuals

 

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.

 

FOURTEENTH AMENDMENT

If there is no state remedy available to compensate a landowner for property taken from him, would the landowner have any right to seek relief in a federal court? The answer to the question is yes. A refusal by a state court to grant compensation to a landowner whose property has been taken constitutes a taking of property without due process of law and hence violates the fourteenth amendment.

From the Code of Alabama 1975

Section 41-9-240

2009 Alabama Code Title 41 — STATE GOVERNMENT.
Chapter 9 — BOARDS AND COMMISSIONS.

Alabama Historic Commission
Section 41-9-249 Powers and duties of commission generally.

(4) To acquire, by exercise of the power of eminent domain, historic structures of paramount or exceptional importance, such as those Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places; provided, that at least two-thirds of the members of the commission shall vote to acquire such structures by the exercise of this measure;

 

EMINENT DOMAIN IN THE UNITED STATES

 

Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring "just" compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.

The Alabama Historic Commission did not vote to purchase, by exercise of the power of Eminent Domain, the J. D. Holman house located in the city of Ozark, which structure is recorded in the National Register of Historic Places.

The subject property was NOT condemned by a Probate Judge’s administration determination after a required due process condemnation hearing.

No Probate Judge appointment of an Eminent Domain Tribunal for the purpose of establishing “just” compensation was mobilized. No offer of “just” compensation was made to the property owner before, during or after the wrongful simulated foreclosure was conducted.

Notice was published in the Southern Star weekly newspaper, immediately prior to the wrongful foreclosure auction, that Wells Fargo Bank, N.A. had no authority to foreclosure.

The property was not donated.

The total loan had been paid in full. The use of the word default was the product of a scriptural abomination.

The paid in full instrument had not been surrendered by Wells Fargo as is required in violation of Alabama law and the demands of Ezekiel 18: 13, an abomination that carries the death penalty.

The written reason Wells Fargo used to evade “restore the pledge” or instrument surrender compliance, after the loan had been paid in full, was written in a July 23, 2012 letter, which read in part:

“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.”

USC Title 18, Part 1, Chapter 101, Section 2071

Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and ...

 

The original monetized promissory note has not appeared and therefore does not exist as said in a maxim of law, “It is the same thing not to exist and not to appear”.

 

The post auction deed filed by David Sigler, WF attorney, is a false instrument. He refused to timely file additional proof of the validity of the lien or instrument.

 

“additional proof of the validity of the lien or instrument shall be filed with the recording official within 14 days of the date of mailing the notice and that the failure to do so could result in the lien or instrument being nullified or expunged.”

 

The Dale County Probate Judge declared WF’s court exhibits of record to be false.

 

(See Wright v. Emory, 41 So.3d 290,292(Fla. 4^th DCA 2010) (“[An] attorney’s unsworn and unverified statements do not establish competent evidence.”)).

 

The Probate Judge erroneously accepted WF’s attorney’s unproven and false claim, when the attorney wrote an unsworn and unverified statement, contrary to recorded facts.

 

Wells Fargo wrongfully foreclosed with NO possessed authority. Theft of property.

 

“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).

 

The property was claimed after “default” by the foreclosure legal firm, then the proceeds from the auction stolen by Nathan E. Hardwick, who slandered the secured property by stating the “loan” to be in default.

 

Hardwick, the faithless attorney, was encouraged to profit by his own wrong. The legal profession lost the sanctions of honor and good faith to which it is entitled.

 

Default was impossible because Wells Fargo had improperly refused to accept, if any, remaining full payment.

 

Wells Fargo could not prove itself to be the holder in due course, thereby sabotaged an accepted-earnest-money-sealed 2008 offer to purchase.

What does not appear and what is not, is the same; it is not the defect of the law, but the WANT OF PROOF. (Maxim of Law)

 

Hardwick fraudulently enticed the City of Ozark to surrender $296,000 to him, for his sole use, based on an unlawfully cried auction bid for property that had a “cloud” over the title.

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