Hawaii Action Alert | Stop a Wells Fargo Eviction at the Tehiva/Phillips’ Home 5305 Hana Hwy Monday Jan 2

Stop the Eviction at the Tehiva/Phillips’ Home
5305 Hana Hwy
Monday Jan 2

We are literally crying out to all that can be on our property on Jan. 2nd to make a silent stand for what is right and protest against the fraudulent act of the bank.

On Jan. 2, Monday our entire family will be wrongfully evicted off of our property. Our family will not leave this property that we live on. Please come to our house at 5305 Hana Hwy on Jan. 2nd to help us support this cause. Our goal is to try and get as many people on our property to make a silent stand. If you know of any individual or group that can help with this stand, please call us. If any changes occur, we will let everyone know. We presently have our family attorney working hard in stopping this act of eviction from happening.

Mahalo, the Tehiva/Phillips ‘Ohana

(Wells Fargo and the realtor have been a thorn since refusing to accept the family’s mortgage payments last year evidently to force foreclosure)

Teva Family facing illegal foreclosure

Occupy Press Release

For Immediate Release
Dec 30, 2011
Contact:
Tehiva Family:
Jaydene Phillips-Tehiva
Email: XXXXXX
Telephone: XXXXXXX

Background on Mortgage:
Virginia Parsons
Telephone: XXXXXX
Email: XXXXXXX

Stop the Eviction at the Tehiva/Phillips’ Home 5305 Hana Hwy, Hana Monday Jan 2

On Monday, January 2nd community groups including Occupy Wall St/Maui will hold a silent vigil at the Tehiva family home in Hana. They hope to block the foreclosure eviction with this nonviolent action. They request that members of the community join them to stand up against what they say is Wells Fargo Bank’s illegal action.

Wells Fargo Bank is foreclosing on the long-time Hana family property and has given them a notice of eviction to be enforced Monday. According to a family spokesperson, “We are literally crying out to all that can be on our property on Jan. 2nd to make a silent stand for what is right and protest against the fraudulent act of the bank.”

“Wells Fargo’s foreclosure was void because of an invalid assignment of the mortgage,” according to the attorney for Phillips-Tehiva, Arnold T. Phillips II (no relation). “This was a securitized loan in which Wells Fargo violated the terms of the securitization agreement,” said Mr. Phillips.

The family stated, “On Jan. 2, Monday our entire family will be wrongfully evicted off of our property. Our family will not leave this property that we live on. Please come to our house at 5305 Hana Hwy on Jan. 2nd to help us support this cause. Our goal is to try and get as many people on our property to make a silent stand.”

The family attorney continues to attempt a stay of the eviction. In the event that he is successful, we will post an update at occupymaui.org.

A map to the home is here: http://g.co/maps/eexf5

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Read more about this here

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4closureFraud.org

Comments
9 Responses to “Hawaii Action Alert | Stop a Wells Fargo Eviction at the Tehiva/Phillips’ Home 5305 Hana Hwy Monday Jan 2”
  1. Marianne says:

    I pray for this family with all my heart. From New York all the way to Hawaii. God Bless all

  2. I am not an attorney so this is at your own ristk or please take it to your attonery.
    this is a copy of part of a declaration that has a lot of good info for your cases.
    This is part of a declaration that has a lot of good infor for your cases : MOTION FOR APPEAL DE NOVO because justice was not done in the district court. I have evidenced by case law and as a matter of law that when a case is supported by state law and my case is, that it can only be removed to district court if only federal law will support it by federal law itself. But when state law supports the case and federal law that parallels it but is not needed to support the case the case belongs in state court, and state court is my constitutional right. The separation of powers is one of our most important rights that was denied me. It is my duty as an American to right this wrong and the duty of this court to right this wrong, and to give hope to others for justice to be done, that have been swept under the carpet by the Washington State and federal judicial system here. My case will help others to receive justice and is of great public interest. SMJ and dismissal granted to hearsay felons, that are proven to have no authority to claim standing in this case, is an erroneous judicial error and an injustice that can not be allowed to continue, that has turned Judge Settles district court into a crime scene . The American people deserve better, and justice must prevail inorder for the America as “we knew it” to recover. Appeallants REPLY to Appealees answer, in this INFORMAL BRIEF, is as a matter of fact that our case should not have been SMJ and dismissed, for just the multiple declarations alone. A great injustice has occurred and I ask this court to right this wrong. I disagree to all the appellees claims and jusge xxxxx claims I did not evidence and make the correct claims on all accounts. I in fact did!
    SMJ and dismissal was inappropriate for the following reasons.. The reason I am in the appeals court is I do not believe for a moment my case was treated fairly nor by the laws of the U.S. Constitution, but by unconstitutional law, and with disregard to my Pro Se/Propria Persona consideration, nor were my declarations, and proof of income loss, nor the material evidence nor the laws was followed, only bank law, and the judges personal partiality to the banks have to be right and the homeowner is a dead beat and not a victim, no matter what the facts , and , was the unconstitutional law that was followed, not the laws. I notarized almost every brief and submitted declarations of evidence that should l have been efficient enough to put my case into a trial by jury, not a one man trial judge in a less than 60 minutes if that, with no oral argument of anykind. I have never met the judge. The district courts have an un paralleled reputation of being partial to the banks, my mothers attorney after taking thousands from her, told her she had changed her mind and would not protect her against the banks, because the judges in the district courts of Washington would only judge for the banks, no matter what. Case after case across the nation have been reversed by the Appeals Courts and upheld by the U.S. Supreme court, that were disregarded by the district judges in every state, and SMJ’d right out of court, without our substantive due process. I gave this court sufficient evidence judge Settle disregarded, and his judgment is in erroneous error, supported by the fifth Amendment, provided in pertinent part that “or be deprived of life, liberty, or property, without due process of law…” Due process is denied when a meaningful hearing is denied as in this cause.. The Fourteenth Amendment, Section 3, provides in pertinent part that “No person shall hold any office, civil or military, under the United States or under any State… who, having previously taken an oath, …as an executive or judicial officer of any State to support the Constitution of the United State, shall have engaged in insurrection or rebellion against the same….”, The Seventh Amendment, provides in pertinent part that “In suits at common law, where the value in controversy shall exceed twenty dollars, the right to trial by jury shall be preserved…’ “This language does not include a single reference to manipulation “ of a jury by the Court in a conspiracy with lawyers to design a verdict suitable to the court through the use of lawyer rules, judicial rules, court rules, or otherwise trumped –up legal technicalities and instructions which effectively “ handcuffs” the jury. All of these activities are no more or less than a denial of the right to a jury of peers with the constitutional authority to judge both the facts and law in a case. I did not author this statement it was authored by someone else that is of the know of the unconstitutional SMJ dismissals without due process corrupting our courts and denying Americans a fair trial and their substantive due process, decaying the American dream and the American way our fore fathers set in stone for our freedom. I am a victim of this very exact judicial corruption aforementioned. A disgrace to our Constitution and our Bill of rights and our judicial system. I seek relief from the Appeals court.
    The Complaint should not be dismissed unless it appears to a certainty that Plaintiffs would be entitled to no relief under any state of facts that could be proved in support of the claims. See Gomez v Toledo (1980, US) 64 L Ed 2d 572, 100 S Ct 1920.
    My Claims should not have been dismissed due to no proof of standing from defendants, instead the Breach of oath of office of all officers of the court enabled unconstitutional law to prevail and a gross injustice to prevail, I ask this court to right and give me clear title..
    Non-Lawyer pro se litigants not to be held to same standards as a practicing lawyer Many pro se litigants will use this in their pleadings; “Pleadings in this case are being filed by Plaintiff In Propria Persona, wherein pleadings are to be considered without regard to technicalities. Propria, pleadings are not to be held to the same high standards of perfection as practicing
    lawyers. See Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th Cir1990), also See Hulsey v. Ownes 63 F3d 354 (5th Cir 1995). also See In Re: HALL v. BELLMON 935 F.2d 1106 (10th Cir. 1991).”

    In Puckett v. Cox, it was held that a pro-se pleading requires less stringent reading than one drafted by a lawyer (456 F2d 233 (1972 Sixth Circuit USCA). Justice Black in Conley v. Gibson, 355 U.S. 41 at 48 (1957) “The Federal Rules rejects the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.” According to Rule 8(f) FRCP and the State Court rule which
    holds that all pleadings shall be construed to do substantial justice.”
    Defense against dismissal of complaint under Rule 12-B

    There is legal sufficiency to show Plaintiff is entitled to relief under his Complaint. A Complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that the Plaintiff can prove no set of facts in support of his claim which would entitle him to relief. See Conley v. Gibson, 355 U.S. 41, 45-46 (1957) also Neitzke v. Williams, 109 S. Ct. 1827, 1832 (1989). Rule 12(b)(6) does not countenance dismissals based on a judge’s disbelief of a complaint’s factual allegations. In applying the Conley standard, the Court will “accept the truth of the well-pleaded factual allegations of the Complaint.”
    This is a quote from a Florida case below that was stated by the fictious debt collectors literally stealing our homes: Evidenced by this outrageous statement below:
    http://4closurefraud.org/2011/12/14/matt-weidner-re-us-bank-verification-of-foreclosure-complaint-compliance-with-the-courts-order-would-require-the-petitioner-to-perjure-itself/ ; Complying With This Court’s Order Would Require The Plaintiff To Perjure Itself… That’s not my statement, that comes from a Plaintiff in an appeal that just came across my fax machine as I was walking out of the office today. The whole appeal is quite interesting, but the statement that really blew me completely out of my mind was the following: and this is not my faxed paper and not the man that received it by fax, but a victim that has taken this off the internet. Additionally from this case the two paragraphs below:
    You Can’t Force Us to Investigate Facts Before Filing A Lawsuit; The Florida Supreme Court rejected the bansksters’ ridiculous arguments and ultimately dismissed their appeals. But the banksters did use their filed appeal to advance an absurd argument that they were not required to follow the rules until the appeal was dismissed. Now this absurd argument was not supported by the law at all, but that didn’t stop them from making the argument over and over and over, all across the state. God only knows how many complaints they were able to avoid verifying based on their merit less argument, but they got away with it for months. “If the holder of the note either forecloses in its own name, “the servicer designated on the MERS System shall cause to be made an assignment from Mortgage Electronic Registration Systems, Inc. to the person designated by the beneficial owner.”[lxxiv]This process appears backwards, because in effect it is requiring a party seeking to foreclose to create an assignment from MERS to itself or another party it chooses, when ordinarily the person or entity assigning something is the one who creates an assignment.”; http://www.natlawreview.com/article/mers-twenty-first-century-creation-navigating-eighteenth-century-legal-system

    The comptroller of the currency letter attached as newly found evidence is dated January 14, 2005, discovered by Appeallant in a December 23, 2011 article on the web states: “we believe that neither 12C.F.R. 34.4 nor the National Bank Act preempts application of the state laws at issue here to loans simply because they were purchased and held by national banks acting as trustees in connection with issuance of the mortgage-backed securitites involved in this case. I made claims at the inception of my case in the U.S. Superior Court and the district court, that RECONTRUST AND MERS WERE NOT IN COMPLAINCE WITH WASHINGTON LAWS, NOT REGISTERED TO DO BUSINESS IN WASHINGTON STATE AND SENT COPIES OF THE PROOF OF THEM NOT BEING REGISTERED IN WASHINGTON STATE! THEREFORE LACKED STANDING IN BOTH FORCLOSURES AND THE COURTS AND THAT [“ALL”] FORECLOSURES BY RECONTRUST AND MERS IN THE STATE OF WASHINGTON MUST BE VOIDED AND GRANTED TO BE UNLAWFU not just mine.
    Summary Judgment was not appropriate and in fact in violation to constitutional law, therefore a crime scene in judge Settles court room. All judges are bound by oath sworn to the US Constitution as a matter of law to protect the U.S. Constitution not to allow a manipulated unconstitutional erroneous judgment in the court rooms. The court rooms not protecting the Constitutional laws of our fore fathers is only second to the crimes committed against us by the banksters. Causing a fast moving decay of America, our economy and our substantive due process, our rights of freedom. The promissory note and deed of trust contracts for my mortgage are time-barred by the Washington State three year statute of limitation for unsecured debt. And additionally are time-barred by the six year statutes of limitation from the breach at inception of the loan on October 25, 2005 to October 25, 2011. The REMICS have failed, The PSA was never met, The promissory note is not secured by the PSA nor the deed of trust, and is an unsecured debt, therefore time-barred, and void. The action should be trialed by the Appeals Review, DeNovo, on the merits, then “VOID” AND NULLIFIED and Clear Title granted.. Mr. Erickson’s declarations., submitted at the inception of the action., contained ample evidence suffienceint to present material issues of fact preventing summary judgment. The court should have considered that Declarations, especially in light of the Pro Pro Se Now Propria Persona, my weakened position without counsel The judicial system has the responsibility to bring justice by law and to stop these crimes. The fact that this decision could have large ramifications should not keep the court from doing the right thing. The real unknown [John Doe] lender is in default and tim-ebarred. See The Oppenheim Report attached to my rely brief and Wall Stret and the Financial Crisis; anatomy of a financial Collaspe for evidence of the crimes against Americans, and the Financial Crisis Inquiry Investigation and The Remics have failed, the Remics have failed”.
    The banks are rotten to the core and killing the U.S. economy and America as we knew it, dramatically harming my small business and all my friends loved ones, some of whom are my customers, the few customers my small business has left after this economic disaster.. See Willaim Black professor that put over 800 banksters in jail in the 1980”s below:
    (1) Banking System Rotten to the Core | William K Black PhD …
    http://www.financialsense.com/node/6983
    27 December 2011 … By William K Black PhD11/25/2011 …. that there was an epidemic—I’m quoting—an “epidemic of mortgage fraud” and it predicted it would …
    (2)
    Bank Regulator William K. Black explains that Mortgage Fraud …

    ► 19:29► 19:29
    vodpod.com/…/1667444-bank-regulator-william-k-bl…Oct 29, 2009 – 19 min
    Famed bank regulator William K. Black, a consumer-protection hero of the … FBI said in September 2004 …
    (3)
    Bill Black- Prosecute Bank Fraud – YouTube

    ► 9:38► 9:38
    http://www.youtube.com/watch?v=l8N0fLFhIEYOct 27, 2011 – 10 min – Uploaded by mainemike52
    Banking Fraud is Not a Left vs Right Issue William Black and David DeGraw appear here on the Dylan …
    (4) More videos for William Black mortgage fraud 2011 »
    (5) William Black | What if the SEC investigated … – Foreclosure Fraud
    4closurefraud.org/2011/…/william-black-what-if-the-sec-investigated…
    1 day ago – William Black | What if the SEC investigated Banks the way it is …William K. Black | 2011 Will Bring More de Facto Decriminalization of Elite Financial …Up | Whistleblower’s Affidavit Exposing Mortgage and Foreclosure Fraud …
    (6) Ronald Reagan Era Regulator Bill Black: On the Incidence of Fraud …
    http://www.capitalismwithoutfailure.com/2011/…/bill-black-on-incidence-o...
    Friday, December 23, 2011 … This is one of the best Bill Black interviews to date (care of Jim Puplava). … The FBI warned in open testimony in the House of Representatives, in September 2004, that there was an epidemic of mortgage fraud, …
    (7) William K. Black – Wikipedia, the free encyclopedia
    en.wikipedia.org/wiki/William_K._Black
    William Kurt Black (born 6 September 1951) is an American lawyer, academic, author,… ‘Alt-A.’) Liar’s loans are ‘criminogenic’ (they create epidemics of mortgage fraud) because …. This page was last modified on 27 November 2011 at 06:44. …
    (8) New Economic Perspectives
    neweconomicperspectives.blogspot.com/
    Thursday, December 29, 2011 … Second, what role did declining mortgage credit quality that did not descend to the level of loans that the industry described as “subprime” … Labels: Control Fraud, fannie mae, freddie mac, William K. Black …
    (9) FBI Estimates 80% of Mortgage Fraud Involved Industry Insiders …
    http://www.ritholtz.com/…/2011/…/fbi-estimates-80-of-mortgage-fraud-inv...
    By Washingtons Blog – December 14th, 2011, 2:30PM … The FBI estimates that 80 percent of all mortgage fraud involves collaboration … William K. Black – professor of economics and law, and the senior regulator during the S & L crisis …
    (10) Bill Black: Dante’s Divine Comedy – Banksters Edition « naked …
    http://www.nakedcapitalism.com/2011/…/bill-black-dante’s-divine-comedy...
    Dec 16, 2011 – Bill Black, the author of The Best Way to Rob a Bank is to Own One and an … Sixty Minutes’ December 11, 2011 interview of President Obama … tofraudulent mortgages and mortgage paper (principally collateralized debt …
    (11) Mike Norman Economics: Bill Black’s Handy Guide to Bankster Fraud
    mikenormaneconomics.blogspot.com/2011/…/bill-blacks-handy-guid…
    Dec 20, 2011 – Sixty Minutes’ December 11, 2011 interview of President Obama … to fraudulent mortgages and mortgage paper (principally collateralized … Labels: Bill Black, control fraud, corruption, crony capitalism, fraud, mortgage fraud …
    Ad – Why this ad?
    (12) Corrupt Mortgage Lending
    http://www.iwatchnews.org
    Former Countrywide Employee Reveals Insider Practice of Mortgage Fraud
    See: “ Wall Street and the financial Crisis; Anatomy of a financial Collaspe” and “The Financial Crisis Inquiry Report”. [PDF] ; Financial Crisis Inquiry Report – GPO Access
    http://www.gpoaccess.gov/fcic/fcic.pdf
    File Format: PDF/Adobe Acrobat
    INQUIRY REPORT. FINAL REPORT OF THE NATIONAL COMMISSION. ON THE CAUSES OF THE FINANCIAL AND. ECONOMIC CRISIS IN THE UNITED …

    I have evidenced case law in support of my claims: ) See All deposition attached as exhibits on the CD,[now in hard copy, ALREADY FILED IN THE COURT BY PETITIONERS, including depositions of Erica Johnson-Sech attached in CD:
    Case Indymac Federal Bank Fsb, Plaintiff, vs. Israei a Machado -50 2008 CA 037322xxxMb: Foreclosure Fraud; [“ The Sanction of dismissal is Warranted in this case”] As shown in the discussion above referenced case, the BANK has filed many documents with the Court in complete disregard of the truth or falsity of their factual underpinnings. Under the Court’s general civil contempt powers, the Court is authorized and entitled to sanction the BANKS’s misconduct. As summarized by the Fifth District in Robinson v. Weiland, 988 So. 2d 1110 (Fla. 5th DCA 2008.: Pretrial discovery is not intended as a game. Many trial judges throughout this state have bemoaned the tactics of the minority of lawyers and parties that abuse the discovery process; See The Fla. Bar v. Miller, 863 So.2d 231 (Fla.2003) ordering one-year suspension of attorney who deliberately concealed his knowledge of client’s receipt of EEOC’s right –to-sue letter).; The Fla. Bar v. Rood, 569 So. 2d 750 (Fla.1990) (concealing expert’s memorandum and causing clients to sign false answers under oath warranted attorney’s one-year suspension); Mercer v. Raine, 443 So.2d 944,946 (Fla. 1983A system that depends on an adversary’s ability to uncover falsehood s is doomed to failure, which is why this kind of conduct [fraudulent concealments of facts] must be discouraged) (affirming sanctions of striking defendant’s answer and entering default judgment for discovery violation when defendant “knew what was going on “ and had “total disregard for the consequences “ of pending action); The integrity of the civil litigation process depends on the truthful disclosure of facts. aged in the strongest possible way. See also Channel Components, Inc. v. America II Electronics, Inc. 915 So.2d 1278( Fla, 2d DCA 2005.) Trial courts have “the right and obligation to deter fraudulent claims from proceeding in court”. Savino v. Fla. Drive In Theatre Mgnt, 697 So.2d 1011, 1012 (Fla. 4th DCA ( 1997). This is because “[o]our courts have often recognized and enforced the principle that a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve [its] ends.” Hanono v. MrMurphy, 723 So.2d 892 , 895 (Fla. 3d DCA 1998). Where a party perpetrates a fraud on the court which permeates the entire proceedings, dismissal of the entire case is proper. Desimone v. Old Dominion Ins. Co., 740 So.2d 1233, 1234 (Fla. 4th DCA 1999). Plaintiff’s mislead the court and engaged in extensive discovery abuse to obstruct revelation of the known falsities in the complaint – a “flagrant abuse of the judicial process” worthy of severe sanctions. See Martin v. Automobili Lamborghini Exclusive, Inc., . 307 F.3d 1332 (11th Cir. 2002). Dismissal for fraud is appropriate where “a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing part’s claim or defense.” Cox v. Burke, 706 So.2d 43, 46 (Fla. 5th DCA 1998). See IGNACUI DANUAB FUGYEROA V MERSCORP,INC, , LAW OFFICES OF DAVID J. STERN, PA.DAVID J. STERN, individually; DJSP ENTERPRISES, INC, AMERICAN LAND TITLEASSOCIATION; BANK OF AMERICA, N.A.; CCO MORTGAGE CORPORATION; CHASE HOME MORTGAGE CORPORATION; CITIMORTGAGE, INC; CRE FINANCE COUNCIL f/f/a COMMERCIAL MORTGAGE SECURITES ASSOCIATION; CORINTHIAN MORTGAGE CORPORATION; EVERYHOME MORTGAGE COMPANY; FANNIE MAE; FIRST AMERICAN TITLE INSURURANCE CORPOARATION ; EVERHOME MORTGAGE COMPANY; FANNIE MASE FIRST AMERICAN TITLE INCINSURANCE CORPORATION; FREDDIE MAC; GMAC RESIDENTIAL FUNDING CORPORATION; GUARANTY BANK; HSBC FINANCE CORPORATION; MERRILL LYNCH CREDIT CORPORATION; MGIC INVESTOR SERVICES; MORTGAGE BANKERS ASSOCIATION; NATINWIDE ADVANTAGE MORTGAGE COMPANY; PMI MORTGAGE INSURANCE CO; STEWART TITLE CGUARNATY CO; SUNTRUST MORTGAGE , INC; UNITED GUARANTY CORPORATION ; AND JPMORGAN CHASE &CO.F/K/A WASHINGTON MUTUAL BANK.—-SEE IBANEZE CLASS ACTION CASE filed by petitioner in the courts.
    (13) (2) 28 U.S.C. 2072(b), provides that the Rules [will not] affect the substantive rights of the parties: The defendants have committed a crime so bad it is not comprehendible to a good faith plaintiff nor should it be comprehendible to a judge to allow well -seasoned criminal attorneys to evade justice cause they have superior experience. Plaintiff’s has shown due diligence and is due their case by merit, not by dismissal due to mistakes, and manipulation and evasion by defendants. Justice must be served. Defendants would not be trying to evade justice by procedure if they were innocent. The merits and evidence of our case prove our claims of defendants intentional bad faith and fraud upon the court, by unclean hands, with the experience to do onto others what they have done to us, and their attorneys need to be disbarred, and all their other cases looked into carefully. Plaintiff’s are diligently trying in good faith to do proper procedure.
    (14) Case law : Clear Title May Not Derive From A Fraud (including a bona fide purchaser for value).
    (15) See Trout v. Trout, (1934), 220Cal. 652 at 656 at made as much plain; “ Numerous authorities have established the rule that an instrument wholly void, such as an undelivered deed, a forged instrument, or a deed in blank ,cannot be made the foundation of a good title, even under the equitable doctrine of bona fide purchase. Consequently, the fact that defendant Archer acted in good faith in dealing with persons who apparently held legal title, is not in itself sufficient bases for relief.” (Emphasis added, internal citations omitted).This settlement was echoed in 6 Angels, Inc. v. Stuart-Wright Mortgage , Inc, (2001) 85 Cal.App.4th 1279 at 1286 where the Court stated: “It is the general rule that courts have power to vacate a foreclosure sale where there has been fraud in the procurement of the foreclosure decree or whre where the sale has been improperly, unfairly or unlawfully conducted, or is tainted by fraud, or there has been such a mistake that to allow it to stand would be inequitable to purchaser and parties. “(emphasis added ). Hence, if forged Robo signed signatures are used to obtain the foreclosure, it CERTAINLY makes a difference in California and other non-judicial foreclosure states. Any apparent sale base on Robosigned documents is void-without any legal effect-like monopoly money. See In re Bank of America v. Lajolla Group II, the California Court of Appeals held that if a trustee is not contractually empowered under the Deed of Trust to hold a sale, it is totally void. Voidness, as opposed to voidability, means that it is without legal effect to begin with. Title does not transfer. Not right to evict arises. The property is not sold.
    I, xxxxxxxxxxx as a Pro Se/propria persona and has made mistake on summons and complaint in good faith Code of 1881§110; When made in good faith the court may allow the plaintiff to plead over ; §1881§111: § 247.[225] Harmless errors Code 1881§113. Krupski v. Costa Crociere, 560 U.S (2010); AND One of Lane Powells documents on the internet. The Supreme Court Holds that an amended pleading “relates Back” even when plaintiff knew of the Cruise Line’s Existence and delayed in amending.6.18.2010: This allows by law and case law to add The UCC laws, RCW laws, Hearsay law, and all pleadings plaintiffs have plead. Appealant/plaintiffs has valid claims and losses caused by damage and harm caused by defendants criminal conduct engaged in economic crimes of the hugest in the history of this world.
    I xxxxxxxx request that I shall recover from Defendant RECONTRUST & MERS and all defendants, their employees, volunteers and contracted parties, the charges it collected from me, as well as any interests in real property it acquired illegally, recover fees improperly earned by the law firms, and determine the proper allocation and ownership of these funds and property interests…..
    I, xxxxxxxxx declare Judge xxxxxxxx court room is a crime scene, a mockery of the judicial system occurred in judge xxxxxx court. Justice was crucified and JUSTICE IS REQUIRED of the Appeals court to right this wrong: I as an unsophisticated Pro se and now a Propria Persona , innocently made error in my complaint left to defend my home from predators, and cause of action due to being Pro SE and little experience in court law. §243 [221] Amendments allowed by affidavit. It is the duty of the court to allow parties to amend their pleading so that their case may be tried on the merits. 24 Rule 15(a) (2): The court should freely give leave when justice so requires. Roles v. Davis 1F. &F. 563, 4 H. &N 484, 28L. J. Exch. 287; Power v. Pringle, 31, Nova Scotia 78. Knight v. Dunn, 47. Fla, 175, 36 So. 02.
    (23). JUSTICE IS REQUIRED: Plaintiff has newly discovered statute that plainly and clearly defies all parties to this case are citizens of the State of Washington and this case should never have been accepted in Federal Court. §243 [221] Amendments allowed by affidavit. It is the duty of the court to allow parties to amend their pleading so that their case may be tried on the merits. 24 Rule 15(a) (2): The court should freely give leave when justice so requires. Roles v. Davis 1F. &F. 563, 4 H. &N 484, 28L. J. Exch. 287; Power v. Pringle, 31, Nova Scotia 78. Knight v. Dunn, 47. Fla, 175, 36 So. 02:
    I just found this on the web and am changing my status from pro se litigants pleadings; to In Propria Persona, wherein pleadings are to be considered without regard to technicalities. Propria, pleadings are not to be held to the same high standards of perfection as practicing lawyers. See Haines v. Kerner 92 Sct 594, also See Power 914 F2d 1459 (11th Cir1990), also See Hulsey v. Ownes 63 F3d 354 (5th Cir 1995). also See In Re: HALL v. BELLMON 935 F.2d 1106 (10th Cir. 1991).” [Ihad believed Pro Se to be sufficient.]

    In Puckett v. Cox, it was held that a pro-se pleading requires less stringent reading than one drafted by a lawyer (456 F2d 233 (1972 Sixth Circuit USCA). Justice Black in Conley v. Gibson, 355 U.S. 41 at 48 (1957) “The Federal Rules rejects the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision onthe merits.” According to Rule 8(f) FRCP and the State Court rule which holds that all pleadings shall be construed to do substantial justice.”
    Defense against dismissal of complaint under Rule 12-B

    There is legal sufficiency to show Plaintiff is entitled to relief under his Complaint. A Complaint should not be dismissed for failure to state a claim unless it appears beyond a doubt that the Plaintiff can prove no set of facts in support of his claim which would entitle him to relief. See Conley v. Gibson, 355 U.S. 41, 45-46 (1957) also Neitzke v. Williams, 109 S. Ct. 1827, 1832 (1989). Rule 12(b)(6) does not countenance dismissals based on a judge’s disbelief of a complaint’s factual allegations. In applying the Conley standard, the Court will “accept the truth of the well-pleaded factual allegations of the Complaint.”
    On Judicial Immunity
    Civil Rights Vol 4, US Supreme Court Digest Page 555 Judges not totally Immune 87 SCT 1213 Pierson v. Ray 94 SCT 1683 Scheur v. Rhodes 96 SCT 984 Imbler v. Pathtman
    98 SCT 2018 Monell v. Social SVS; 98 SCT 2894 Butz v. Economov
    On Absolute Immunity for Judges
    A complaint is actionable against Judges under Title 42 U.S.C. 1985 (3), whose immunity does not extend to conspiracy under color of law. Section 1985(3) reaches both conspiracies under color of law and conspiracies effectuated through purely private conduct.
    On Judges violation of oath of office
    Many judges have a total disregard for their oath of office under Title 28 Section 453, All judges take this oath of office swearing to uphold the U.S. Constitution. The district court judge are making a mockery out of justice. I have submitted multiple cases of reversal by the Appeals courts and by a district judge himself that realized he had assumed the banks to be telling the truth and had to reverse his own decision by the facts presented and following the law, instead of his assumption and multiple decisions that should shame the district courts, throughout my briefs in district court.
    See on line and attached Washington State V RECONTRUST filed by AG Rob McKenna,
    And State of Delaware V MERS filed by Beau Biden not attached.
    See The Remicks have failed attached.
    See The OCC letter I just found on a December 23, 2011 article on the web that the OCC does not believe the National laws for national banks preempt State Laws.
    See the Oppenheim Report attached to my relpy brief exhibits to the Appellees answer.

  3. Frances Bettis says:

    Petition the two Daniels, ask them to prevent another act of terror from Wells Fargo:

    http://www.akaka.senate.gov/email-senator-akaka.cfm
    http://www.inouye.senate.gov/Contact/ContactDKI.cfm

    There is enough homelessness in the Aloha state as these two “honorable” politicians full well know.

  4. Fury says:

    i hope that there is a massive turnout to save this family’s home.

  5. call for Holly and this family and all American familiesi

  6. CALLING ALL DOERS!
    ~~~~

    Doug & Holly Niemic
    Raleigh, NC
    Loan Number: 0157248618
    ~~~~

    And look what I found… a whole list of Email addresses for Wells Fargo execs, but let’s start with letting Mr. John Stumpf know how littler we think of this situation his bank has created. Let’s let him know we’re here and we’re paying attention… and that there are quite a few of us.

    Chairman of the Board, President, CEO: John.G.Stumpf@wellsfargo.com
    ~~~~

    John Stumpf (415) 396-7018
    john.g.stumpf@wellsfargo.com
    CEO: John G. Stumpf
    420 Montgomery St.
    San Francisco, CA 94163
    1-866-878-5865
    ~~~

    Sharon Cecil, Assistant to Both
    WELLS FARGO HOME MORTGAGE
    sharon.cecil@wellsfargo.com

    ~~~

    Todd M. Boothroyd
    Senior Counsel, Real Estate Division
    Todd.M.Boothroyd@wellsfargo.com

    ~~~

    **** Kovacevich (415) 396-4927
    kovacedm@wellsfargo.com

    ~~~

    John Stumpf (415) 396-7018
    john.g.stumpf@wellsfargo.com
    CEO: John G. Stumpf
    420 Montgomery St.
    San Francisco, CA 94163
    1-866-878-5865

    ~~~

    Mark Oman (515) 324-2035
    mark.oman@wellsfargo.com

    ~~~

    Cara Heiden (515) 213-4040
    cara.heiden@wellsfargo.com
    Executive number for members to use to escalate the mod process 1-800-853-8516.
    Executive Communications
    MAC X2302-02J 800 S. Jordan Creek Parkway
    West Des Moines, IA 50266
    515-324-3130
    &
    515-324-2872

    ~~~

    Denise Erickson
    Executive Mortgage Specialist, Office of the President, WF Home Mortgage
    MAC X2302-019
    1 Home Campus
    Des Moines, IA 50328
    denise.erickson@wellsfargo.com
    1-515-324-2610

    ~~~

    Cara K. Heiden, CEO
    WELLS FARGO HOME MORTGAGE
    cara.k.heiden@wellsfargo.com

    ~~~

    Mary Coffin, Vice President
    WELLS FARGO HOME MORTGAGE
    mary.coffin@wellsfargo.com

    ~~~

    And a few more… just in case…

    Executive Vice President, General Counsel: James.M.Strother@wellsfargo.com

    Executive Vice President, Controller: Richard.D.Levy@wellsfargo.com

    Senior Executive Vice President – Wholesale Banking: David.A.Hoyt@wellsfargo.com

    Senior Executive Vice President David.M.Carroll@wellsfargo.com

    Senior Executive Vice President: patricia.r.callahan@wellsfargo.com

    Senior Executive Vice President, CIO: kevin.a.rhein@wellsfargo.com

    Senior EVP, Community Banking: Carrie.L.Tolstedt@wellsfargo.com

    Senior Executive Vice President: AVID.MODJTABAI@wellsfargo.com

    The Board of Directors, Wells Fargo Bank: BoardCommunications@wellsfargo.com

  7. Pamela Edwards says:

    Hope everybody that can will respond to this.Lets all help if we can.

  8. Richard Bellanger says:

    Wells Fargo continues a wave of violence throughout the entire United States, and our worthless, corrupt, Bankster controlled Government, at nearly every level, does almost nothing. Legitimacy is gone.

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