Mr. John Merrill, Secretary of State

105 Dexter Ave.

Montgomery, AL 36109

RE: Public Official Bonds guarantee taxpayers that the official will do what the law requires.

Dear Mr. Merrill,

Your office personnel have been of great assistance to me. Thank You. The problem is that I have been unable to obtain a copy of the bond for a public official that coverage extends to the “faithful performance” of the duties of his office. All employees who receive a check from the State of Alabama has coverage from a blanket bond for honest dealings in the handling of money with the beneficiary of the bond being exclusively the State of Alabama.

It is my understanding that a Public Official in Alabama is immune from complaints by anyone on his faithful performances of his office duties that are lawful. Should the official perform an act that is done under the “color of law” or outside the demands of the law, bonds cover such actions for benefit of the taxpayer who registers the complaint that can be authenticated. In other words, lawful behavior by an official is immune for any complaint. Behavior outside the law is covered, as protection for the injured party, by a bond.

The official bond of every state official, agent, or employee, except the bond of the Secretary of State, must be filed in the office of the Secretary of State. Oath of offices that are required are available. Most oaths are on file with your office. Few bonds are on file. No “faithful performance of duty” bonds (other than fiduciary) are on file. Correct my misinformation if needed.

Thirty-two requests have been made individually to elected officials or judges or sheriffs, and circuit clerks with all having been refused or ignored.

Direct me to all the bond locations both fiduciary and faithful performance bonds for my review.

Certainly, there are bonds because all offices can be manned only by those who post a bond. Refusal to post bond means vacating of office and replacement appointment.

I am an architect familiar with construction bonds, which rarely, if ever, enlist court assistance.

Bond claims are quickly settled with remedy application.

Is the Secretary of State Office the regulator of bonds? What happens to officials who refuse to identify the surety company licensed to issue a bond for them?

Finally, the law declares personal responsibility for the individual that chose to bond themselves to the same measure of a bond requirement.

Your office has issued a statement as follows: “I, John H. Merrill, Secretary of State of the State of Alabama, having custody of the Great and Principal Seal of said State, do hereby certify that a search of the records of the Alabama Secretary of State has failed to show that any official bond(s) have been filed and recorded in the office of the Alabama Secretary of State, for Wally Olson, Dale County Sheriff and Delores P. Woodham, Dale County Circuit Clerk.

Alabama Code Title 36. Public Officers and Employees § 36-5-1 is easily understood.

Why? Who protects the taxpayer?

“When a judicial officer acts entirely without jurisdiction or without compliance with jurisdiction requisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had jurisdiction. Little v. U.S. Fidelity & Guaranty Co., 217 Miss. 576, 64 So. 2d 697.

 

Alabama is a non-judicial state making bonds even more important as a method of oversight. Has the bond requirement been ignored?

Thank you for your faithfulness.

Yours truly,

Haywood Jackson Mizell

 

What is a Mortgage Banker Bond?

Mortgage bankers or lenders are professionals who originate mortgages. They can also service mortgages or sell these to investors or other financial institutions. In order to get licensed, mortgage bankers need to obtain a bond.

Mortgage Banker Bonds, or Mortgage Lender Bonds, guarantee that a mortgage banker will comply with the terms and conditions of the state in which they are operating. Though many states use the same bond form for mortgage brokers and mortgage bankers, some states require a larger bond for the lenders.

As such, mortgage banker bonds function like a three-party agreement between the principal (the mortgage banker), the obligee (consumers) and the surety bond company underwriting the bond. In the case of a legitimate claim against a mortgage banker by an obligee, the surety can step in and resolve the claim by compensating the obligee for any losses suffered due to the banker’s actions.

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