Words from the Rising Republics

December 29, 2019

 

Haywood Jackson Mizell                                                 December 20, 2019

4518 Woodledge Drive      

Montgomery, AL 36109                       Certified Mail 7018 3090 0001 9985 3557

                                                             Return Receipt 9590 9402 4949 9063 7991 31

                                        

Wells Fargo Home Mortgage

P.O. Box 10335

Des Moines, IA 50306·0335

ATTN: Joshua Naber

Executive Resolution Specialist

Customer Care and Recovery Group

 

Subject: Acknowledgment your letter of December 17, 2019, Account 708·0128507779. The identity information regarding the Mortgage Banker Bond, policy number and claim department, were not mentioned. Mentioned was the attempt to insult and mislead by declaring WF to not be the holder-in-due-course, instead claiming to be simply “note holder”. Additional time requested to respond at later date. The outstanding obligation and agreed to amount for WF purchase of time: Total due as of December 01, 2019---$601,585,645.08

 

Dear Joshua Naber,

    

     The attempt to insult my intelligence is not appreciated. My decades long request has been for the identity of the holder-in-due-course, which alone can be paid in full. We agree that WF is the SERVICER that cannot foreclose in its own name. Also, we accept WF’s continuing report that it is not the holder-in-due-course, but instead a “CRIMINAL ENTERPRISE” thief. Why parade non-disclosure?

 

“A jury could find it strange that those who insist that their conduct was proper and the intent pure went to such great lengths to hide it all from the light of day. From such secrecy much may be inferred.” Cox v. Adm”r U.S. Steel & Carnegie, 17 F.3d 1386, 1402 (11^th Cir. 1994).

  

     Baker and Donaldson has been, by affidavit, declared to possess the collateral file. WF does not disburse original documents, just electronic copies only.

 

     All spurious and electronic-computer-generated documents are worthless when compared to the ORIGINAL PROMISSORY NOTE, which WF’s obligation to surrender the original stamped paid-in-full has not been met. No state or federal law can exempt WF from this, to date, unmet obligation. See FRCP 1002. Null and void means nothing as pretended by WF.

 

    

     Allow me to refresh your awareness:

    

     Alabama State law declares the wrongful foreclosure auction null and void because Wells Faro Bank, N. A. was not the holder-in-due course of the Note. Freddie Mac was the lender as reported to the IRS. Wells Fargo foreclosed wrongfully in its own name even though not entitled to the funds generated by the auction contrary to §35-10-1.

 

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.

 

     No debt instrument has been surrendered for authentication, which can be replaced by a court judgment.

 

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

 

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 byRules1.510(c), 1.510(e) and 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).

 

     The Dale County Circuit Clerk stated that no original has ever been filed by WF. All court actions are null and void. (See enclosed Clerk’s declaration.)

 

§13A-9-12 (3) (3)

     Knowing he lacks the authority to retain a governmental record he refuses to deliver up the record in his possession upon proper request of a person lawfully entitled to receive such record for examination or other purposes. (See Title 18 §1512 for 20-year exposure.)

 

     It might be helpful to revisit another similar WF case and its outcome that opens an argument for equal justice under the law.

 

“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).

 

     More Alabama law:

“Alabama law specifically contemplates that there can be a separation. See § 35–10–12 and Harton [v. Little, 176 Ala. 267, 57 So. 851 (1911)]. The Restatement (Third) of Property: Mortgages takes the position that a note and mortgage can be separated but that ‘[t]he mortgage becomes useless in the hands of one who does not also hold the obligation because only the holder of the obligation can foreclose.’ Restatement (Third) of Property: Mortgages § 5.4, Reporter's Note—Introduction, cmt. a at 386. The Restatement explains: “‘The note is the cow and the mortgage the tail. The cow can survive without a tail, but the tail cannot survive without the cow.”’ Id. at 387 (quoting Best Fertilizers of Arizona, Inc. v. Burns, 117 Ariz. 178, 179, 571 P.2d 675, 676 (Ct.App.), reversed on other grounds, 116 Ariz. 492, 570 P.2d 179 (1977)).” Court of Civil Appeals of Alabama. Diane GRAY v. FEDERAL NATIONAL MORTGAGE ASSOCIATION. 2120087. Decided: January 10, 2014 (Emphasis added)

 

While Bank of America alleged in its unverified complaint that it was the holder of the note and mortgage, the copy of the note attached to the amended complaint contradicts that allegation. When exhibits are attached to a complaint, the contents of the exhibits control over the allegations of the complaint. Khan v. Bank of America (Fla: Dist. Court of Appeals, 5th Dist. 2011) (See 1099A report to IRS that WF was not the lender)

 

     Larger print can sometimes be helpful to understanding. WF seems to have never heard of the infallible truth recorded in Job 32:8.

 

     Quitting from being a deadbeat is an admirable quality for any morale entity.

 

     2 Samuel 10:12 encourages us to Be of good courage, and let us play the men for our people, and for the cities of our God; and the Lord do that seemeth him good.

 

Yours truly,

 

 

Haywood Jackson Mizell

334-498-4187

 

Enclosed: Your letter dated December 17, 2019

                 Statement of NO original from Clerk

                 1099A identifying actual lender

               WITHOUT RECOURSE transfer to real possessor of note

             Offer to pay in full in full written to Carle Murray

           James B. Graham’s offer to provide full payment that was

                   IMPROPERLY REFUSED.

 

FRAUDULENT CONVEYANCE:

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.) (See (MISC Book 282, pages 295 and 296).

 

COPY

 

December 17; 2019                                              

 

Haywood Jackson Mizell 4518 Woodledge Drive

Montgomery, AL 36109

 

Subject: Information about account number 0128507779 for Alice F. Mizell Dear Haywood Jackson Mizell:

Thank you for the opportunity to address your request. We want you to know we're here to help. We're responding and want to make sure you have the information you need.

Note holder information

We're the servicer and assignee for the account. You may contact us at: Wells Fargo Home Mortgage

POBox10335

Des Moines, IA 50306

Phone number: 1-800-853-8516

We will respond to your additional requests at a later date.

Going forward

 

We value your feedback and appreciate the time and effort you took to contact us. It's been my goal to fully address the request you've brought to our attention.

 

If you have any questions, I'm here to help. You may reach me at 1-800-853-8516, extension 1335621039. I am available to assist you Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time. If you require immediate assistance and I am unavailable, other representatives are available to assist you at 1-800-853-8516, Monday through Friday, 7:00 a.m. to 7:00 p.m.

Central Time.

 

Sincerely,

-"2

Joshua Naber

Executive Resolution Specialist Customer Care and Recovery Group

 

CC:      Alice F. Mizell

4518 Woodledge Dr

Montgomery, AL 36109

 

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.

 

                                                                                                                   DALE COUNTY CIRCUIT CLERK

                                                                                                                              P.O. BOX 1350

                                                                                                                  OZARK, ALABAMA 36361

                                                                                                                      TELEPHONE: 334-774-5003

 

NOTE: Received by mail

             October 25, 2019

1099-A

DATED 1/21/2014

 

WELLS FARGO BANK, N.A.’s REPORT

TO IRS IDENTITY OF ACTUAL LENDER’S

NAME, ADDRESS AND TELEPHONE NUMBER

 

LENDER WHO HAS NOT FORECLOSED AS HOLDER IN DUE COURSE:

                            

                             FHLMC

                             8609 WESTWOOD CENTER DRIVE

                             PO BOX 5003

                             VIENNA, VA 22108

 

WITHHELD LENDERS FEDERAL IDENTIFICATION NUMBER: 52-0904874

 

PREVIOUSLY IDENTIFIED AS INVESTOR CLIENT 708

 

WELLS FARGO HOME MORTGAGE, INC.’s

Transfer of note without recorded assignment,

sometime before 2009. No longer with enforcement rights of a holder in due course.

 

STAMPED AND SIGNED AS BELOW:

 

WITHOUT RECOURSE

PAY TO THE ORDER OF

 

 

WELLS FARGO HOME MORTGAGE, INC.

 

BY: ____________ See signature _____________

       Heather Partin, Assistant Secretary

 

Sign Original Only!

 

1. 1.OFFER OF FULL PAYMENT BY ALICE FAYE MIZELL DATED JANUARY 9, 2012, SERVED BY CERTIFIED MAIL WAS IMPROPERLY REFUSED. THE SURRENDER OF AUTHENTICATED NOTE AFTER HAVING BEEN PAID IN FULL WAS IGNORED.

 

1. 2.NOTARIZED AFFIDAVIT OF REFINANCE COMMITMENT BY JAMES B. GRAHAM DATED SEPTEMBER 3, 2013.

 

1. 3.AFFIDAVIT BY CHARLES EUGENE RUTLEDGE DATED SEPTEMBER 3, 2013 CONFIRMING PRESENCE OF LAW ENFORCEMENT AT AUCTION CONDUCTED FEBRUARY 19, 2013 ON BEHALF OF WELLS FARGO NOT FHLMC.

 

NOTE:

Letter dated March 23, 2017 signed by William G. Berry, Foreclosing Attorney at Morris-Hardwick-Schneider stated:

 

“snipers were placed on the roof of the courthouse.” “My managing partner at the time, Barry King, cried the sale on behalf of 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.”

 

“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

 

“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. In this case however, he who profits from the plunder is not responsible for it; it is the lawgiver, society itself, and this is where the political danger lies. I declare that I do not mean to impugn the intentions nor the morality of anybody. I am attacking an idea that I believe to be false-a system that appears to me to be unjust; and this is so independent of intentions, that each of us profits by it without wishing it, and suffers from it without being aware of the cause.”  

VICTIMS OF LAWFUL PLUNDER

Men naturally rebel against the injustice of which they are victims. Thus, when plunder is organized by law for the profit of those who make the law, all the plundered classes try somehow to enter — by peaceful or revolutionary means — into the making of laws. According to their degree of enlightenment, these plundered classes may propose one of two entirely different purposes when they attempt to attain political power: Either they may wish to stop lawful plunder, or they may wish to share in it.

Woe to the nation when this latter purpose prevails among the mass victims of lawful plunder when they, in turn, seize the power to make laws! Until that happens, the few practice lawful plunder upon the many, a common practice where the right to participate in the making of law is limited to a few persons. But then, participation in the making of law becomes universal. And then, men seek to balance their conflicting interests by universal plunder. Instead of rooting out the injustices found in society, they make these injustices general. As soon as the plundered classes gain political power, they establish a system of reprisals against other classes. They do not abolish legal plunder. (This objective would demand more enlightenment than they possess.) Instead, they emulate their evil predecessors by participating in this legal plunder, even though it is against their own interests.

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