Words from the Rising Republics

February 20, 2019

 

WAS THE HOLMAN HOUSE IN OZARK, ALABAMA STOLEN BY LAW ENFORCEMENT THIEVES?

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. Ala. Code § 7-3-305c.

 Wells Fargo Bank, N.A. reported to the IRS that it was not the lender, holder in due course, therefore Wells Fargo conducted a wrongful foreclosure without a security bond that would give treble damages remedy to Wells Fargo’s default.

 City of Ozark used law enforcement presence including rooftop snipers with high-powered rifles to ensure that it, the City of Ozark, would be the only bidder, thus evading the exercise of the power of eminent domain that provides for just compensation decided by a judicial tribunal. Legal Title conveyance results only from the exercise of the power of eminent domain.

 Wells Fargo steadfastly refused total prepayment even after deposit of enough legal tender was made in the main Birmingham Bank’s vault. Without an instrument to satisfy, no funds can be exchanged that would clear the title so that a legal sale can be accomplished. Wells Fargo filed a false instrument into the Dale County Probate Office records with impunity. Wells Fargo produced no proof of claim. Instead, Wells Fargo's attorney statements were accepted as truthful competent evidence.

Wells Fargo’s refusal to answer questions and to yield a Mortgage Bankers Bond invoked Alabama Code Title 7 Commercial Code § 7-2-609 that states: After receipt of a justified demand, failure to provide within a reasonable time not exceeding 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

The simulated non-judicial foreclosure auction was declared null and void before the fraud was conducted.

Ala. Code 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.

EXCERPTS FROM THE LAW ARE SHOWN BELOW.

No one has been able to rebut the dictates of the law that defines the theft of the Holman House property. Again, was the Holman House in Ozark, Alabama stolen? You decide!

From the Code of Alabama 1975

Section 41-9-240

(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;

 

5th amendment to the Constitution of United States of America 1789 (rev. 1992)

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.

 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.

Ala. Code 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.

Alabama Code Title 35. Property § 35-10-1

Where a power to sell lands is given to the grantee in any mortgage, or other conveyance intended to secure the payment of money, the power is part of the security, and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured;  and a conveyance of the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee or other person entitled to the money thus secured, his agent or attorney, or the auctioneer making the sale, vests the legal title thereto in such purchaser.  Probate judges shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also by the names of the grantor and grantee in the foreclosure deeds.

Alabama Property Rights and Remedies

§ 10.10(c) “there is no statutory time which an action to quiet title must be brought.”

American Jurisprudence 2d

§ 618. Liability for wrongful repossession

   Repossession of property is wrongful when there is no default of the debtor.

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.)

American Jurisprudence 2d

§ 611 Due process application

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.

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."

 Federal Rules of Evidence

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.

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.

 Alabama Rules of Evidence

Article X. Contents of Writings

Rule 1003.

Admissibility of duplicates.

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

 

This special treatment afforded duplicates is inapplicable if a genuine question is raised as to the authenticity of the original. See Myrick v. United States, 332 F.2d 279 (5th Cir.1963), cert. denied, 377 U.S. 952 (1964) (no error in admitting photostatic copies of checks instead of original microfilm in absence of suggestion to trial judge that photostatic copies were incorrect).

Additionally, the duplicate is not admissible under Rule 1003 without the offeror’s producing or accounting for the nonproduction of the original, if the circumstances would make it unfair to admit the duplicate in lieu of the original. Such circumstances would be presented when only a portion of the original is reproduced and fairness dictates that the remainder be made available to the opposing party for cross-examination. See United States v. Alexander, 326 F.2d 736 (4th Cir.1964); Fed.R.Evid. 1003 advisory committee’s note.

 

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.").

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.

 

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.

 

(See Dale County Probate Records MISC Book 282, Pages 288-302 for UNREBUTTED EXHIBITS for further proof.)

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