DIG OR BEG, Chapter 3

Present day Alabama. Forces of the present day use the same methods used over 2900 hundred years ago by Jezebel and Ahab. The object was to take Naboth’s property located near the King’s summer palace in Jezreel. Bearing false witness achieved the goal of killing Naboth for his property. Later the dogs licked the blood of Ahab and ate Jezebel.

Today as before, theft uses unsworn and unverified statements of barred attorneys accepted, not as false, but true. So effective is the method that murder is rarely necessary. See 1 Kings 21 & 2 Kings 9. Sometimes when digging to please the King fails, begging is all that remains, and, without mercy, death is certain.

 MOTION RESCINDING FORECLOSURE SALE, CANCELING FORECLOSURE DEED AND REINSTATING MORTGAGE OR, ON THE ALTERNATIVE, THE ORDERING OF AN IMMEDIATE JURY TRIAL

FACTUAL BACKGROUND

      On September 2, 2014 at approximately 9 AM, the plaintiff, Haywood Jackson Mizell appeared at a pretrial conference, which had been ordered continue as had been requested by the Wells Fargo Defendants. Mizell had not been served the motion that requested continuation, because Wells Fargo had sent a copy of the motion to an address that was not the address of record for Mizell. The Order Granting the continuance was in a stack of letters un-mailed in the Clerk’s Office. Judge Quattlebaum stated in open court that an objection to the granted continuance would be considered. This motion is to object to continuance by moving for an immediate trial. Lien theory law should be applied for the trial. Requested is the reversal of all the actions by the defendants in the wrongful foreclosure prosecuted under the color of Title Theory Law which demands one-hundred percent consent.

ARGUMENT

       This case has been remanded to state court for action under its jurisdiction. Civil rights complaints were address by the UNITED STATES MIDDLE DISTRICT and ruled that the Civil Right Complaints be dismissed with prejudice. Obviously, this court is to apply due process rights that were allegedly denied.

MANUAL OF INSTRUCTION

     Well Fargo Bank, N. A. has a manual of instruction for representing attorneys to follow. The instructions involve simply procedures when Title Theory Law govern non-judicial foreclosures. The requirements of Title Theory and Lien Theory Law are the same except in Lien Theory the courts execute the contract demands in a mortgage or Deed of Trust foreclosure. A Judges order dictates the actions to be taken, and only a Judge can determine default.

         The manual outlines the conditions under which the lenders actions can enjoy the protection for Legal Plunder. First, is un-wavering dedication to the objectives of the manual and that is to make illegal plunder appear legal.

Proverbs 4:13 (KJV), “Take fast hold of instruction; let her not go: keep her; for she is thy life.”

 

          Control of the following three elements must first be secured; control of the Media, the Judicial System, and Law Enforcement. Delay is the tactic to be followed until these three elements are securely in place.

           The Defendant’s attorneys have successfully employed such tactics to date; not amenable to Service of Process, removal to federal court, seeking dismissal for an ambiguous claim that relief cannot be granted, changing attorneys in the same firm to buy time, changing servicers, selling of the note without recording of the assignment, separation of the note from mortgage, placement of sliced note into several Purchasing and Servicing agreements, and foreclosing in their name stating that they are the holder of the note rather than identifying the real “holder-in-due course, all to avoid the negative publicity that involves foreclosure, and collection on an insurance policy funds for payment of a claim payable in the event of foreclosure, and the foreclosure even when the documents have been stolen and the investment written off as a “bad debt.” These are but a few of the efforts taken in secret to give the appearance that their illegal plunder has been transformed into legal plunder. No one is to take personal responsibility.

RESPONSIBILITY EVASION

       Why? Human greed. Below was overheard at a local Portland watering hole from an obviously intoxicated bank employee in the foreclosure department, responding to the frequently asked question: “How do you live with yourself?”

“The great thing about working at ________________Bank is that no one has to take responsibility for the institutionalized immorality of our industry. We get up in the morning, go to work, and check our soul at the door. When we come home at night to our families, we can become human again, without feeling any regret for the havoc our foreclosures have wrecked on so many lives. We’re the zombies in zombie banks. It’s no wonder our industry has no code of ethics…”

       OPPORTUNITY TO CROSS EXAMINE MR. GRAHAM ON FEBRUARY 28, 2014, IN OPEN COURT, UNDER OATH, WAS NOT TAKEN

       Wells Fargo has a record to maintain. In open court, Attorney Stephen Pudner declared the Plaintiff’s situation worthy of the Defendant’s sympathy. Wells Fargo had repulsed an attempt by James B. Graham to recover their illegal plunder of his substantive assets which were also transformed into “legal plunder”. The Plaintiff, having fallen under the sway of James B. Graham, should be a victim of Wells Fargo Bank, N.A.’s seasoned illegal plunder attacks as well.

           Do not be deceived. Mr. James B. Graham has exercised numerous “Good Samaritan” acts that accrued to the benefit of the Plaintiff. Mr. Graham supports the work ethic. Mr. Graham provided the job that enabled the Plaintiff’s to earn needed funds for a college degree.

           After a sale of the property failed because Wells Fargo’s “clouding” the title, Mr. Graham sought to double his interest income by funding the refinancing of the Plaintiff’s homestead. Wells Fargo would not accept Mr. Graham’s refinance because Wells Fargo could not surrender the note when the note was paid in full because the note had been stolen.

       Wells Fargo had also failed in its appearing to apply refinance laws, but could not do so because the note would have to be surrendered when the refinance bought the note.

         As a personal testimony, the Plaintiff delights in being identified with such a man of character, integrity, and truth as distinguishes Mr. James B. Graham. Unlike what can be said about Wells Fargo, below are two verses that come to mind that all should personifies.

Proverbs 3:27 (KJV), “Withhold not good from them to whom it is due, when it is in the power of thine hand to do it.”

James 4:17 (KJV), “Therefore to him that knoweth to do good, and doeth it not, to him it is sin.”

 LAW IN THIS CASE

      The Law that is applicable to this instant case has already been invoked in the Dale County Circuit Court resolving a similar complaint. See Case No: CV-2012-900095.00 CITIMORTGAGE, INC, Plaintiff, v. RUTLEDGE, CHARLES AND SHARON RUTLEDGE, Defendants.

           Several issues are beyond legal dispute being agreed to by the admission of the Defendant or by the silence of the Defendants. See the removal of the case to the UNITED STATES MIDDLE DISTRICT COURT CIVIL ACT.NO.1:14-CV-13-WHA. The Defendants admitted all the evidence submitted by the Plaintiff as true stating that even though all the evidence were true, no relief could be granted by law. Certainly, the Civil Rights issues that are subject to federal jurisdiction were decided without recourse. The Supreme Court of Alabama alone reserves the exclusive jurisdiction over property in Alabama.

ISSUES ALREADY RESOLVED AWAITING APPLICATION OF LAW

       The following is a list of germane issues that are now beyond dispute that are left for the application of Alabama law:

  1. 1.The Promissory Note and Mortgage have been separated in exact fashion as described in the “Cow and Tail” Alabama Civil Court of Appeals ruling. (See case documentation on file.)
  2. 2. Wells Fargo Bank, N.A. is not the holder-in-due course of record.
  3. 3.
  4. 4.Wells Fargo Bank, N.A. does not disperse original documents, even when subpoenaed.
  5. 5.The alleged mortgage has been completely paid in full, and the note not yet surrendered.

3343 SPECIFIC PERFORMANCE OF CONTRACTS. § 1408 essential: Time may be essential. It is so whenever the intention of the parties is clear that the performance of its terms shall be accomplished exactly at the stipulated day. The intention must then govern. A delay cannot be excused. A performance at this time is essential; any default will defeat the right to a specific enforcement. Brassell v. McLemore, 50 Ala. 476. One of the most important being that the delay must not be willful and intentional, and must not have worked harm to the other party. (See 7 CFR 1951-RETURN OF PAID-IN-FULL OR SATISFACTION NOTES TO BORROWER.)

(See American Jurisprudence 2d §68 Complaint-Allegation of damages: prayer for relief. ‘Damages need not be alleged in a quiet title action; it is sufficient if the plaintiff alleges an interest in property and adverse claims against which it seeks determination. A complaint setting up the facts out of which the equities in favor of the complainant arise, and containing a prayer for general relief, is sufficient to enable the court to award a decree in accordance with the law and facts, notwithstanding the absence of specific requests in the prayer. A demand that the defendant set forth and specify his or her title, claim, interest, or encumbrance may be sufficiently and properly made in the prayer of the bill. Slosson v McNulty, 125 Ala.124, 29 So. 183 (1900).

 Wells Fargo Bank, N.A. made the property Title unmarketable. The value of the property is now zero, for all intents and purposes. Marketable Title cannot be granted because of identity theft of a signed document that evidences any interest Wells Fargo Bank, N.A. might have in the property. The identity of the signer has been monetized over and over for the unjust enrichment of the defendant.   1-055 “No judgment by default shall be entered against the state or an officer or agency thereof or against a party in any case based upon a negotiable instrument, unless the original negotiable instrument is filed with the court and merged with the judgment, or where the damages claimed are unliquidated unless the claimant establishes the claimant’s claim or right to relief by evidence satisfactory to the court.”

 6.Wells Fargo Bank, N.A. filed false documents declaring by them that the property had been abandoned contrary to a newspaper publication that the property had not been abandoned.

  1. 7. The attorneys for the defendants spoke and filed false documents.

       Code of Alabama – Title 13 A: Criminal Code

Section 13A – 4 – 2 – Attempt.

  1. 1.(a). A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense.
  2. 2. (b) It is no defense under this section that the offense charged to have been attempted was, under the attending circumstances, factually or legally impossible of commission, if such offense could have been committed had the attendant circumstances been as the defendant believed them to be.

 8.Morris, Hardwick and Schneider, LLC, hearsay foreclosure attorney firm attempted to evade service of process by denying address of record for the firm and refusal of service, but was later served by certified mail. Prior to foreclosure, certified delivery of written request to satisfy the debt that was address to the firm remain unanswered.

  1. 9.Again, even recently, Defense attorneys used false addresses so that the Plaintiff could not receive timely notices, seeking Plaintiff submission through use of all available harassment methods.
  2. 10. Defense attorneys are practicing representation of the Defendants in this case without authorizing contracts granting such authority by the respective Boards of Directors. Hence the Corporations have no essential representation in this instant case. Defendant’s default continues.
  3. 11. Corporations are dead legal entities and must be represented by an attorney in good standing.

For a party to prove its claim, it must produce the documents through which it acquired its interest in the property, and demonstrate by at least one of the subscribing witnesses the due execution of the documents.” “The defendant may not have title quieted with respect to property other than that which the complainant claims.” Ex Parte Arrington, 259 Ala. 243, 66 So. 2d 96 (1953).

       The Plaintiff demands equal protection of the law as guaranteed in Amendment XIV Section 1:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Equal Protection of the Laws. See sample order below:

IN THE CIRCUIT COURT OF DALE COUNTY, ALABAMA

 

HAYWOOD JACKSON MIZELL, pro per, )

                                                                           )

                                                                          )       Case No. CV-2013 000006.00

                                            Plaintiff,                )      

                                                                           )      

Vs.                                                                     )

                                                                           )

WILLIAM G. BERRY, Attorney at law         )      

WELLS FARGO BANK, N.A.                        )    

SIGLER DAVID,                                               )    

STUMP JOHN G, INDIVIDUALLY C/O         )      

WELLS FARGO BANK et al                           )                                                                                                                                                                                                                                           )        

                                       Defendants                )              SAMPLE EXAMPLE

 

 ORDER RESCINDING FORECLOSURE SALE,

CANCELING FORECLOSURE DEED AND REINSTATING MORTGAGE

 The matter having come before the Court on a Motion to Rescind Foreclosure Sale, Cancel Foreclosure Deed, and Reinstate Mortgage. Based upon the representations of Defendant Wells Fargo Bank, N.A. ("Wells Fargo"), successor by merger with Wells Fargo Home Mortgage, Inc. ("WFHM, INC"), through counsel and the record before this Court, this Court finds as follows:

  1. 1.Alice Faye Mizell and Haywood Jackson Mizell (collectively, "the Mizell’s") executed a mortgage, on the 9th day of June 2003, recorded in the Probate Office of Dale County, Alabama, in Mortgage Book 392, Page 345 (hereinafter referred to as Mortgage), with said Mortgage securing an indebtedness, evidenced by a promissory note to WFHM (hereinafter referred to as the Note), with real property more particularly described in the legal description as follows:

House and lot on East Broad Street in the City of Ozark, Alabama, known as the JD. Holman Residence property, and being more particularly described as follows: Bounded on the south by East Broad Street, on the east by house and lot known as the L.W. Kolb property recently purchased by Dr. William E. Chesser and wife, on the north by property formerly known as the Charlie Stokes lot and now assessed to Mike Sollie, Sr., estate, and on the West by a narrow street or alleyway called Rye Street and currently called Mutual Street The property conveyed herein comprises in the aggregate two and one-half acres, more or less, and it is the intent to convey all the property acquired by the said JD. Holman for his said home site, including the parcel in the northwest corner of the total tract acquired from Saphronia Smith, the one-half acre, more or less, in the southwest corner of the total tract acquired from S.B. Brown and wife, in 1912 and the one and one-half acres comprising the east portion of the total tract acquired from CA. Stokes in 1907, together with any other parcels acquired by W. Holman and used by him in connection with the said home-place conveyed herein.

Dale County, Alabama.

Said property is commonly referred to as 285 East Broad Street, Ozark, AL 36360 (the Property).

  1. 2.On or about February 20, 2013, a foreclosure deed was recorded in the Probate Office of Dale County, Alabama in Deed Book 277, Page 656 (hereinafter the, Foreclosure Deed) in connection with the foreclosure of the Mortgage, and said Foreclosure Deed indicated that City of Ozark, Municipal Corporation, was the highest bidder at the foreclosure sale and that

W. Barrington King, Jr. as auctioneer conducting the sale, and David Sigler did transfer all of Wells Fargo's right, title, and interest in and to the Property.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:

  1. A.Good cause exists for granting the requested relief
  2. B.The foreclosure sale, as evidenced by the foreclosure deed recorded in Deed Book 277, Page 656 in the Probate Records of Dale County, Alabama, is due to be rescinded.
  3. C.The foreclosure deed recorded in Deed Book 277, Page 656 in the Probate Records of Dale County, Alabama is hereby canceled;
  4. D.The mortgage dated June 09, 2003, executed by the Mizells to WFHM, INC. and recorded on June 25, 2003, in Mortgage Book 392, Page 345 in the Office of the Judge of Probate of Dale County, Alabama, shall be revived with the same full force and effect and be entitled to the same priority and dignity that existed immediately prior to the foreclosure, is hereby reinstated, and remains a valid first lien on the Property;
  5. E.The Mizells are hereby declared the owners of the Property, subject to WFHM INC’s successor by merger with Wells Fargo Bank, N.A.;
  6. F.The Mizells remain bound by the obligations of the Note and Mortgage.

DONE this ___ day of __________, 2014.

FOR SIGNATURE WHEN APPROVED /s/ KENNETH W. QUATTLEBAUM

         CIRCUIT JUDGE

LIEN THEORY LAW

       Should the above proposed order be granted, the State of Alabama Mortgage law will be governed by Lien Theory Law transformed from Title Theory Law.

       The movement to the now governing Lien Theory Law benefits neither party, the Plaintiff or Defendants. Title theory is governed by one hundred percent consent and is a private contract between two private parties. Lien Theory moves the dispute between the parties to court for an impartial due process jury trial settlement by the court. Default by either party moves the case from consent to contract dispute resolution by court action. (Example: Un-contested divorce as opposed to a court granted divorce.)

       The Defendants defaulted by omission in refusing prepayment of the note, and for refusing to surrender the note when full payment is made. “Wells Fargo does not disperse original documents.”

       Under Title Theory Law the Title to the property is conveyed by the mortgage to the lender until the note is satisfied and then both the legal and equity title resides with the borrower.

       Lien Theory Law allows the lender to return to the court seeking satisfaction of the note. The lender must prove his legal standing to be in court (Rule 17). The lender must prove his claim in order to gain satisfaction of the proven promise to pay. Once proven, then after default by the borrower, the lender may foreclose, adopting legal foreclosure procedures when order by a Judge.

ARGUMENT

     Wells Fargo Bank, N.A. has attempted to apply legal cosmetics to its illegal plunder. It wishes to give the appearance of legality by taking from the Mizells what belongs to them, and give it to other persons to whom it does not belong. If the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime, it is legal plunder. Any promissory note, when satisfied, must be taken out of circulation. The signature identity of the signer of the promissory note must not be used as chips at the Wall Street casino. It was a congressman from Ozark, Alabama that co-sponsored a bill that made it illegal to gamble with depositor’s money. The Glass-Steagall act was repealed in 1999. The effect of the repeal has damaged the entire nation, as well as other nations. The results can be seen. God’s wrath has evidently been intensified. The average person knows that things are not right, even though he cannot identify the root cause of this legal plunder.

LEGAL PLUNDER ROOTS

       Legal plunder has two roots: one of them is human greed; the other is in misconceived philanthropy.

     In 400 BC Socrates drank hemlock because his expressed philosophy, when brought to life, resulted then in force being the instrument of legality. In 1894 lynching was used to gain property without any legal consequences. Today, force takes property by using the monopoly of force holder, the state, to destroy the private property foundation.

THE LARGER PICTURE.

       What has this Legal Plunder produced? The last decade has seen one third of the nation’s assets moved into the hands of the select few beneficiaries of the legal plunder. Today, there is no movement to eliminate legal plunder. Instead, there are multitudes of movements dedicated to receiving the benefits of legal plunder.

                    Frederic Bastiat in 1850 made this observation in The Law.

“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.

It is as if it were necessary, before a reign of justice appears, for everyone to suffer a cruel retribution — some for their evilness, and some for their lack of understanding.

THE RESULTS OF LEGAL PLUNDER

It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder.

What are the consequences of such a perversion? It would require volumes to describe them all. Thus, we must content ourselves with pointing out the most striking.

In the first place, it erases from everyone's conscience the distinction between justice and injustice.

No society can exist unless the laws are respected to a certain degree. The safest way to make laws respected is to make them respectable. When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law. These two evils are of equal consequence, and it would be difficult for a person to choose between them.

The nature of law is to maintain justice. This is so much the case that, in the minds of the people, law and justice are one and the same thing. There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are "just" because law makes them so. Thus, to make plunder appear just and sacred to many consciences, it is only necessary for the law to decree and sanction it. Slavery, restrictions, and monopoly find defenders not only among those who profit from them but also among those who suffer from them.

PROPERTY AND PLUNDER

Man can live and satisfy his wants only by ceaseless labor; by the ceaseless application of his faculties to natural resources. This process is the origin of property.

But it is also true that a man may live and satisfy his wants by seizing and consuming the products of the labor of others. This process is the origin of plunder.

Now since man is naturally inclined to avoid pain — and since labor is pain in itself — it follows that men will resort to plunder whenever plunder is easier than work. History shows this quite clearly. And under these conditions, neither religion nor morality can stop it.

When, then, does plunder stop? It stops when it becomes more painful and more dangerous than labor.

It is evident, then, that the proper purpose of law is to use the power of its collective force to stop this fatal tendency to plunder instead of to work. All the measures of the law should protect property and punish plunder.

But, generally, the law is made by one man or one class of men. And since law cannot operate without the sanction and support of a dominating force, this force must be entrusted to those who make the laws.

This fact, combined with the fatal tendency that exists in the heart of man to satisfy his wants with the least possible effort, explains the almost universal perversion of the law. Thus, it is easy to understand how law, instead of checking injustice, becomes the invincible weapon of injustice. It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder. This is done for the benefit of the person who makes the law, and in proportion to the power that he holds.

POMEROY’S EQUITY JURISDICTION

Pomeroy’s Equity Jurisdiction answers the prevailing issues in question.

Vendor's failure of title. — It is therefore a familiar rule that the vendor cannot force performance upon the purchaser, unless he is able to give a good title to the subject-matter: King v. Knapp, 59 N. Y. 462; Hepburn v. Auld, 5 CranCh. 262; Hoover v. Calhoun, 16 Gratt. 109; Jackson v. Ligon, 3 Leigh, 160 ; Bryan v. Read, 1 Dev. & B. Eq.78; Cunningham v. Sharp, 11 Humph. 116, 121; Jeffries v. Jeffries, 117 Mass. 184; Dobbs v. Norcross, 24 N. J. Eq. 327; Vreeland v. Blauvelt,23 N. J. Eq. 483; Cornell v. Andrews, 35 N. J. Eq. 7; Jenkins v. Fahey,73 N. Y. 355; Bensel v. Gray, 80 N. Y. 517; Swepson v. Johnston, 84 N. C. 449; Hancock v. Bramlett, 85 N. C. 393; Lyles v. Kirkpatrick, 9

 

Tender, when necessary. — In general, the rules of equity concerning the necessity of an actual tender are not so stringent as those of the law. The following special rules seem to be settled: 1. An actual tender by the plaintiff is unnecessary when, from the acts of the defendant or from the situation of the property it would be wholly nugatory. Thus, if defendant has openly refused to perform, the plaintiff need not make a tender or demand; it is enough that he is ready and willing, and offers to perform in his pleading: Hunter v. Daniel, 4 Hare, 420, 433; Mattocks v. Young, 66 Me. 459, 467; Crary v. Smith, 2 N. Y. 60, 65; Kerr V. Purdy, 50 Barb. 24; Maxwell v. Pittenger, 3 N. J. Eq. 156; White V. Dobson, 17 Gratt. 262; Brock V. Hidy, 13 Ohio St. 306, 310; Brown V. Eaton, 21 Minn. 409, 411; Gill v. Newell, 13 Minn. 462, 472 ; Deichmann v. Deichmann, 49 Mo. 107; Gray v. Dougherty, 25 Cal. 266, 280,281. Also, if at the time fixed the vendor is unable to convey, by reason of a defect in his title, etc.: Karker v. Haverly, 50 Barb. 79; Delavan v, Duncan, 49 N. Y. 485, 487; Hall v. Whittier, 10 R. I. 530;

Young V. Daniels, 2 Iowa, 126, 63 Am. Dec. 477; Gray v. Dougherty,

25 Cal. 266, 280; unless time was made essential: Kimball v. Tooke, 70 111. 553. 2. Where the stipulations are mutual and dependent, — that is, where the deed is to be delivered upon payment of the price, — an actual

 

American Jurisprudence § 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.)

       What is the sum of the matter?

A COVENANT: THOU SHALT NOT STEAL.

“BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the property and that the Property is unencumbered, except for the encumbrance of record. Borrower warrants and will defend generally the title to the property against all claims and demands, subject to any encumbrances of record.”

 

“Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following property….”

WHEREAS, in and by said mortgage, the Mortgagee was authorized and empowered in case of default in the payment of the indebtedness secured thereby, according to the terms thereof, to sell said property before the Courthouse door in the City of Ozark, Dale County, Alabama,

 

       The truth would have used different words, “The Mortgagee, Wells Fargo Home Mortgage, Inc., now terminated, was not authorized or empowered to seize and sell, since there was no default in the payment as signified by the offer of prepayment in full. Nevertheless, Wells Fargo Bank, N.A. enlisted the color of law and seized the property, converted it to cash, then stated the property to be abandoned thus making title appear clear. NO WARRANTY OF TITLE CAN BE GRANTED BY WFHM.

WORDS: BE SURE YOUR SINS WILL FIND YOU OUT.

       Words do have consequences. If one adds up the words in Hitler’s Mein Kampf, one would find that in World War II, 125 lives were lost for every word Hitler wrote, 4,700 people were killed for every page in the book, and 1,200,000 people died for every chapter. Compare Hitler’s words with the words of another well-known Author, “Sanctify them through thy truth: thy word is truth.” Great is the difference between lies and the truth.

CAN THE ATTORNEYS BE DISBARRED IF SO DETERMINED BY A JURY?

       No willful felon should be allowed to be a barred attorney, a position held in trust. A practicing attorney who enables a felony should be disbarred. Felons are fugitives who evade Service of Process and honor no oath of office.

CONCLUSION

       This remanded case is now under Lien Theory Law. The previous foreclosure was wrongful making the replevin bond applicable. The foreclosure sale must be rescinded, and the foreclosure deed is due to be canceled. The mortgage with WELLS FARGO HOME MORTGAGE, INC. must be reinstated.

       An immediate jury trial should be ordered. The defense has had five or more years to complete discovery.

                                                       This motion is and respectfully submitted by:

 

                                               ____________________________________

                                                         By: Haywood Jackson Mizell, Plaintiff, pro per

                                                                 4518 Woodledge Drive

                                                                 Montgomery, Alabama 36109

                                                                 334-498-4187                    Date: 09/18/2014

center drugs                   wiregrass medical center