Saturday, June 16, 2012

Deutsche Bank v Sarina Nelson

NOTE: This entire case revolved around Deutsche Bank instead of all the others that have participated in the illegal foreclosure of our over 100 year old family farm.  Deutsche Bank had bought the paper to the house/property at an illegal foreclosure sale (non-existent et al.) allegedly held in Glenn County California.

Those that perpetrated the fraud from the beginning through the end of the alleged sale are addressed in the following court documents presented to the Glenn County Court.  Copies of the audio transcripts are available, except for the last one in which Judge Peter Billiou Twede dismissed the action taken against Deutsche Bank et al.  This audio should still be available at the Glenn County Court House records.

SPECIAL NOTE:  The property was given to Deutsche Bank by Judge Peter Billiou Twede.  Deutsche Bank then sold the property at a local "alleged legal" auction to the highest bidder.  The property was purchased at the auction by Judge Peter Billiou Twede's relative Michael Joseph Billiou III.  Michael Joseph Billiou the THIRD (III) has now taken illegal possession and is currently obstructing and redirecting the natural Stoney Creek.

Michael Joseph Billiou the III has now taken control of the natural water way and has been digging gravel and illegally changing the natural habitat and natural eco-system which is not in compliance with the rules and regulations protecting these natural water ways, a direct tributary to the Sacramento River.  

The actions in court are better explained through the actual court documents themselves and these follow here:

After the initial Unlawful Detainer service the defendent filed the following DEMUR: (actual filed copy reads the same and of course includes the exhibits.  The copy of that filed in the court has not been scanned but is available for scanning and presentation for review as needed.)

Case No.: 10NUD00320

DEMURRER OF SARINA ANN NELSON TO THE UNLAWFUL DETAINER COMPLAINT OF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC IMSC MORTGAGE CO.


Judge overruled the Demur.  An Answer was filed on 12/27/10:

 Answer to Unlawful Detainer - 12-27-10
 Affirmative Defense - 12-28-10


Attempted to contact many Attorneys in the area but most were out of town for the holidays, those that weren't did not have their offices open and couldn't respond until after the first of the year.  We were able to find Helen Duree who agreed to help us move ahead in filing a trial brief after reviewing the specifics of the case.

Trial Brief Filed - 01-24-11

PLAINTIFF'S OPPOSITION TO SET ASIDE 
JUDGMENT ENTERED FEBRUARY 4, 2011 
AS VOID FOR LACK OF JURISDICTION; 
DECLARATION OF ROSEMARY NGUYEN 
IN SUPPORT THEREOF - 06-06-11

Response to Plaintiff's Opposition To Set Aside 
Judgement Entered February 4, 2011 As Void For 
Lack Of Jurisdiction; Declaration of Rosemary 
Nguyen In Support Thereof - 06-06-11



___________________________________________________________________________

From Glenn County Court Online Database:

Case Information
Case Number: 10NUD00320
Case Title: DEUTSCHE BANK NATIONA VS NELSON, SARINA ANN
Case Type: UNLAWFUL DETAINER * RESIDENTIA
Filing Date: 10/08/10
Disposition Date: 01/24/11

JUDGMENT FOR PLAINTIFF(S)

Parties
Name Type Attorney
DEUTSCHE BANK NATIONAL TRUST COMPANY PLAINTIFF ROUTH CRABTREE OLSEN, P.S.
NELSON, SARINA ANN DEFENDANT PRO PER
ALL OCCUPANTS ALL OCCUPANTS

Actions
Date Action Description
06/03/11 D'S POS RE: RESPONSE TO P'S OPPOSITION BY FAX
  ON 6/03/11 AS TO DEFENDANT
06/03/11 D'S RESPONSE TO PLTF'S OPPOSITION TO SET
  ASIDE JUDGMENT
05/27/11 P'S OPPOSITION TO SET ASIDE JUDGMENT ENTERED
  2/4/11
05/10/11 CRT'S ORDER AFTER HEARING HELD ON 5/02/2011
  *POS ATTACHED*
05/10/11 CRT'S MINUTE ORDER IN RE: PLAINTIFF'S REQUEST
  FOR STATEMENT OF DECISION
05/10/11 CRT'S OSC RE: SET ASIDE JUDGMENT ENTERED 2/4/11
  FOR LACK OF JURISDICTION *HRG SET 6/06/11*
04/29/11 DEFT'S RESPONSE TO PLNTF'S OPPOSITION TO
  DEFT'S EXPARTE APP FOR STAY OF ENF OF JUDG
04/29/11 PROOF OF SERVICE BY FAX TO ROSEMARY NGUYEN ON
  4/20/2011
04/27/11 PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE
  APP FOR STAY OF ENFORCEMENT OF JUDGMENT
04/11/11 PRF OF SVC AS TO EX PARTE APPLICATION
  MLD 4/11/11 SHAHED SHAHANDEH DEUTSCHE BANK
04/11/11 ORDER ON EXPARTE APPLICATION OF ENFORCEMENT OF
  JUDGMENT AND WRIT OF POSSESSION
04/11/11 NOTICE OF CHANGE OF ADDRESS
04/08/11 D'S EX PARTE MOTION/APPLICATION FOR
  STAY OF EXECUTION
02/17/11 PRF OF SVC AS TO PLAINTIFF BY MAIL ON 02/17/11
  AS TO EX PARTE APPLICATION FOR STAY OF JUDGME
02/16/11 SUBSTITUTION OF ATTY; NEW: SELF REPRESENTED
  OLD: HELEN DUREE
02/16/11 DECLARATION RE: NOTICE OF EX PARTE APPLICATION
  FOR ORDER
02/16/11 EX PARTE APPLICATION FOR STAY OF ENFORCEMENT OF
  JUDGMENT, MEMO & DECLARATION OF SARINA NELSON
02/10/11 JUDGMENT-UNLAWFUL DETAINER BY COURT
  *POSSESSION ONLY*
02/10/11 WRIT OF POSSESSION OF REAL PROPERTY ISSUED
  CK#99674
01/24/11 NOTICE OF TRIAL DATE RETURNED
01/21/11 DEUTSCHE BANK NATIONAL TRUST CO TRIAL BRIEF
01/14/11 DEFENDANT SARINA NELSON'S TRIAL BRIEF
01/13/11 NTC: COURT TRIAL - SHORT CAUSE (U.D.)
  PREVIOUSLY RESCHEDULED DUE TO COURT
01/05/11 REQUEST TO ENTER DEFAULT
  AS TO ALL OTHER OCCUPANTS
01/05/11 AT-ISSUE MEMORANDUM FILED BY: PLAINTIFF
  REQ NON-JURY TRIAL, 0.5 HOURS
01/05/11 NTC: COURT TRIAL - SHORT CAUSE (U.D.)
12/28/10 ANSWER-UNLAWFUL DETAINER
  SARINA ANN NELSON
12/28/10 SUBSTITUTION OF ATTY; NEW: HELEN A. DUREE
  OLD: SELF REPRESENTED
12/13/10 POS OF SUMMONS/COMPLAINT/...IN POSTING/MAILING
  IN PERSON 11/29/10 AS TO ALL OCCUPANTS
12/13/10 POS OF SUMMONS/COMPLAINT... IN PERSON 11/29/10
  AS TO SARINA NELSON
12/06/10 D'S DEMURRER TO COMPLAINT
12/06/10 MEMORANDUM OF POINTS & AUTHORITIES
12/06/10 NOTICE OF HEARING ON DEMURRER
12/06/10 PRF OF SVC AS TO DEUTSCHE BANK AS TO DEMURRER
  BY MAIL ON 12/06/10
11/12/10 REQUEST FOR ORDER AUTHORIZING SERVICE OF SUMMON
  BY POSTING OR BY PUB CK#97202
10/08/10 NTC: NOTICE OF ACTION PURSUANT TO CCP 1161.2
  UNLAWFUL DETAINER
10/08/10 CIVIL CASE COVER SHEET
10/08/10 COMPLAINT - UNLAWFUL DETAINER - 5 DAY SUMMONS
  ISSUED ($10,000 OR LESS) CK# 95381

Events
Date Time Event Description Dept Code Department/Judge
10/17/11 10:30 FURTHER PROCEEDINGS ON MTN - STAY OF
  ENFRCMNT OF JMT *STAY GRNTD 5/02/11*
  *11CV00922 CMC 10/14-CONTD FOR OUTCOME*

Disposition Date: 10/17/11
STAY OF JMT DENIED; WRIT OF POSS GRNTD

 SJH COMMISSIONER JERI M HAMLIN
06/13/11 10:30 CRT'S OSC RE: SET ASIDE JUDGMENT ENTERED
  2/04/11 FOR LACK OF JURISDICTION
  *FLD 5/10/11* *CONTD FOR CRT'S REVIEW*

Disposition Date: 06/13/11
CRT'S OSC OFF-CALENDAR

 SJH COMMISSIONER JERI M HAMLIN
06/06/11 10:30 CRT'S OSC RE: SET ASIDE JUDGMENT ENTERED
  2/04/11 FOR LACK OF JURISDICTION
  *FLD 5/10/2011*

Disposition Date: 06/06/11
HRD; CONTD TO 6/13/2011

 SJH COMMISSIONER JERI M HAMLIN
05/02/11 10:30 FURTHER PROCEEDINGS ON MOTION - STAY
  OF ENFORCEMENT OF JUDGMENT

Disposition Date: 05/02/11
HRD; CONTD TO 10/17/11; STAY TO CONTD

 SJH COMMISSIONER JERI M HAMLIN
04/04/11 10:30 MOTION - STAY OF ENFORCEMENT OF JUDGMENT

Disposition Date: 04/04/11
MTN DENIED W/OUT PREJUDICE

 SJH COMMISSIONER JERI M HAMLIN
01/24/11 10:30 COURT TRIAL - SHORT CAUSE (U.D.)
  PREVIOUSLY RESCHEDULED DUE TO COURT
  HOLIDAY

Disposition Date: 01/24/11
JMT FOR PLTF FOR POSSESSION ONLY

 SJH COMMISSIONER JERI M HAMLIN
01/17/11 10:30 COURT TRIAL - SHORT CAUSE (U.D.)

Disposition Date: 01/13/11
VACATED; VACATED DUE TO HOLIDAY

 SJH COMMISSIONER JERI M HAMLIN
12/20/10 14:00 D'S DEMURRER
  **FLD 12/06/2010

Disposition Date: 12/20/10
DENIED

___________________________________________________________________

Case Information
Case Number: 11CV00922
Case Title: NELSON, SARINA VS DEUTSCHE BANK NATIONA
Case Type: REAL PROPERTY
Filing Date: 04/05/11
Disposition Date: 10/14/11

DISMISSED ENTIRE ACTION W/0 PREJUDICE

Parties
Name Type Attorney
NELSON, SARINA PLAINTIFF
DEUTSCHE BANK NATIONAL TRUST DEFENDANT FOLEY & MANSFIELD, PLLP
REGIONAL TRUSTEES SERVICE CORPORATION DEFENDANT

Actions
Date Action Description
12/19/11 ORDER GRANTING MOTION TO EXPUNGE LIS PENDENS
10/26/11 D'S NOTICE OF MOTION AND MOT TO EXPUNGE LIS
  PENDENS; DECL OF VICTORIA J TSOONG
10/12/11 [X]PLAINTIFF/PETITIONER [ ]DEFENDANT/RESPONDENT
  CASE MANAGEMENT CONFERENCE STATEMENT
10/12/11 PRF OF SVC AS TO CMC STATEMENT
  MLD 10/12/11 FOLEY & MANSFILED
10/05/11 JUDGMENT OF DISMISSAL AS TO DEFT DEUTSCH BANK
  NATIONAL TRUST COMPANY AS TRUSTEE
10/04/11 NOTICE OF ENTRY OF ORDER GRANTING DEMURRER TO
  PLAINTIFFS COMPLAINT
09/30/11 [ ]PLAINTIFF/PETITIONER [X]DEFENDANT/RESPONDENT
  CASE MANAGEMENT CONFERENCE STATEMENT
09/27/11 ORDER GRANTING DEFENDANT'S DEMURRER
08/08/11 PLTF'S ADENDUM TO RESPONSE TO DEFT'S DEMURRER
  PLT'S COMPLAINT/PTS & AUTHORITIES
08/08/11 P'S POS RE: ADENDUM TO RESPONSE & DEMURRER BY
  PERS SRVC ON 8/08/11 TO TIFFANY BIRKETT
07/13/11 RESPONSE TO DEFENDANT'S DEMURRER TO PLAINTIFF'S
  COMPLAINT: MEMO OF P&A
07/13/11 PRF OF SVC AS TO DEUTSCHE BANK NATIONAL TRUST
  OF RESPONSE
06/10/11 DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN
  SUPPORT OF DEMURRER TO COMPLAINT
06/10/11 DEFENDANT'S NTC OF DEMURRER & DEMURRER TO
  PLTF'S COMPLAINT/MEMO OF PTS/AUTH CK#1632
05/06/11 PRF OF SVC AS TO CASE MANGEMENT
  MLD 5/6/11
05/02/11 NOTICE OF PENDENCY OF ACTION - LIS PENDES
04/05/11 CIVIL CASE COVER SHEET
04/05/11 COMPLAINT FOR WRONGFUL EVICTION
  SUMMONS ISSUED
04/05/11 NOTICE OF RELATED CASE
04/05/11 NOTICE OF CASE MANAGEMENT CONFERENCE

Events
Date Time Event Description Dept Code Department/Judge
12/02/11 13:00 D'S MOTION TO EXPUNGE LIS PENDENS

Disposition Date: 12/02/11
GRANTED

 SPT HONORABLE PETER B. TWEDE
10/14/11 14:30 CASE MANAGEMENT CONFERENCE

Disposition Date: 10/14/11
OFF-CALENDAR/CASE DISMISSED

 SPT HONORABLE PETER B. TWEDE
07/15/11 13:00 D'S DEMURRER TO PLAINTIFFS COMPLAINT

Disposition Date: 07/15/11
HEARD; TO BE TAKEN UNDER SUB 8/12
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LOSING THE WHITE PAPER

LOSING THE PAPER –MORTGAGE
ASSIGNMENTS, NOTE TRANSFERS AND
CONSUMER PROTECTION

Alan M. White *
ABSTRACT

In this article, I survey the state of the mortgage loan transfer
system, the legal rules that govern it, and the widening gap
between those rules and the practices in the secondary mortgage
market just prior to the 2008 crisis. The review includes some
empirical assessment of the extent of errors and execution problems;  the damage done by “robo-signing;” the Mortgage Electronic Registration System (“MERS”) and note delivery practices; and the extent to which courts will prevent or reverse foreclosure sales based on those errors and problems. I then examine why existing legal structures, for both paper-based and electronic transfers, are not working, and the extent to which they have failed, I also identify the key consumer and investor protection values and interests (finality, transparency, fraud protection, and so forth) that must be addressed by the law governing secondary market transfers of home loans. I conclude by outlining options for reforming the mortgage loan transfer system, including the use of a single document merging the note and mortgage, and a structure for the registration of a single
authoritative electronic version of the mortgage/note and of all
changes in parties to, and terms of, the transaction.

* Professor of Law, Valparaiso Law School. Special thanks to Whitney
Dickison, Christopher Erickson and Anne Zygaldo for their invaluable assistance
with the MERS foreclosure record survey and with additional legal research.

PLEASE READ ENTIRE DOCUMENT HERE: CLICK HERE


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Friday, June 15, 2012

Oath Keepers - ATTENTION

Midwest Regional Conference 
Organized by the Ohio Oath Keepers


Ohio Oath Keepers has called a Regional Midwest Conference for the entire Oath Keeper Membership across the nation. Oath Keepers also extends an invitation to all other patriotic groups in Ohio and surrounding states to attend this conference.

This conference is being called as a means to understand the need to create a cohesive effort to stop the tyrannous onslaught to our countries basic ideals. The need to put aside political differences and personal diversities to fight the socialistic uprising within our country has never been more important.

It is essential as individuals and the many diverse groups to arrive at a consensus to stop the usurpation of laws and the destruction of the very existence of this great country. If we do not stand together, this once great country, this land of opportunity, this land of the free and home of the brave, will cease to exist as we know it...
SPEAKERS

 Stewart Rhodes, Founder of Oath Keepers

Stewart is the founder and Director of Oath Keepers. He served as a U.S. Army paratrooper until disabled in a rough terrain parachuting accident during a night jump. He is a former firearms instructor and former member of Rep. Ron Paul's DC staff.

Stewart currently writes the monthly Enemy at the Gates column for S.W.A.T. Magazine
Stewart graduated from Yale Law School in 2004, where his paper "Solving the Puzzle of Enemy Combatant Status" won Yale's Miller prize for best paper on the Bill of Rights. He assisted teaching U.S. military history at Yale, was a Yale Research Scholar, and is writing a book on the dangers of applying the laws of war to the American people.

Steven J Frasure, President Ohio Oath Keepers
Dr. James David Manning, PhD

 Dr. James David Manning is chief pastor at the ATLAH World Missionary Church on 123rd Street in New York City. Manning grew up in Red Springs, North Carolina, born to an African American family, and has been at ATLAH since 1981. ATLAH stands for All The Land Anointed Holy, which is Manning's name for Harlem. His congregation, "ATLAH Worldwide Missionary Church" is the former Bethelite Missionary Baptist Church. The church is also the site of the ATLAH Theological Seminary, which offers classes on preaching and prophecy.

Manning graduated from Union Theological Seminary in the City of New York where he was awarded a Master of Divinity. Manning also holds a Doctor of Philosophy degree from his own ATLAH Theological Seminary.

Manning graduated from Union Theological Seminary in the City of New York where he was awarded a Master of Divinity. Manning also holds a Doctor of Philosophy degree from his own ATLAH Theological Seminary, an unaccredited educational institution.

The Honorable Eugene A. Lucci
Lake County Common Pleas Judge
Current Term: 01/06/07-01/05/13

Judge Lucci has served the public and upheld the Constitution for over thirty-four years a police officer, trial attorney and trial judge.

As a police officer, Judge Lucci saw at the ground level how the law worked first hand and served a dual function in both protecting and serving the public.

As an attorney, Judge Lucci learned the important role that attorneys play in searching for truth, justice and fairness for all citizens.

As a trial judge, his 12 years on the bench have given him the ability to directly protect the public and to positively change the course of people's lives forever.
Gary L. Rathbun

Gary L. Rathbun is a licensed principal and registered investment advisor throughout
the United States. He is the President/CEO of Private Wealth Consultants, Ltd., a fee based Wealth Management and consulting firm started in 1981 in Toledo, OH. Private Wealth Consultants, Ltd. specializes in working with affluent individuals as well as closely held business owners in the areas of investment management, wealth preservation & transfer, and overall financial consulting.
Gary and his team specialize in assisting individuals and private companies to realize their goals and objectives. They take a proactive and fiduciary role with their clients and maintain the highest ethical standards in the industry.

He is the co-author of the "Charitable Giving Handbook" published by The National Underwriter, "The Perfect Legacy" , "Wealth Accumulation for Dentists" , "Giving Wisely" and most recently "Wealth Preservation for Physicians."
He has been quoted in and written dozens of articles for numerous publications including The Chronicle of Philanthropy, Private Asset Management, Financial Planning, Business Venture and Probe, National Underwriter & Financial Advisor, Private Wealth Magazine, among others.  

Also, Gary hosts a radio program, syndicated in Ohio, called, "Eye on Your Money", it airs Wednesday & Thursday evenings at 6:05 PM EST on Clear Channel AM 1370, WSPD,WONW 1280 AM, WHLO 640 AM, and WNCO 1340 AM; as well as a daily radio program, "After the Bell". "After the Bell" airs M-F, 4:06 EST on WSPD, 1370 AM.
Dan Johnson   

Dan is 18 years old, an Eagle Scout, and a public speaker. He is a Political Science Major at Bowling Green State University, and speaks a moderate amount of Japanese.  

He was always interested in politics, and was appalled when he saw the direction our country was heading in. His wake-up call was watching a video on the NDAA in November. After doing further research, in late January, he founded PANDA (People Against the National Defense Act). PANDA  is supported by groups across the political spectrum, and is now one of the fastest growing liberty movements in the nation.
Ron Cooper

Ron has been retired 4 years after serving 8 years in the Army and 24 years as an Air Force civilian. Ron also has 17 years in Biblical Creation Science & History along with his ministry which is called ARK Foundation. Ron has an MBA in Finance, BS in Math, Industrial Arts, Military Science, Education, and Business. Ron has taught US Constitution course 7 times in past 27 months.  

Ron will be speaking on the basis and background for Constitutional law and how we should use it, along with comparing the Constitutional legal system to its competition, namely Socialism systems. 
 
When:            June 15, 16, and 17, 2012
  
Where:            The Depot at the Holiday Inn / French Quarter, Perrysburg, Ohio
  
Time and Daily Itinerary:  (Please note this itinerary is subject to change, but will be updated for public knowledge)
  
JUNE 15, 2012
Friday - Oath Keepers Membership and Leadership Meeting (open meeting) Meeting room to be announced.
Evening meeting 6:00 PM - 10: PM
  
JUNE 16, 2012
Saturday -        8:30 AM          Setup
9:00 AM           Doors Open
10:00 AM         Introduction of Event - Words by State President
Introduction of Visiting State Chapter Presidents and or other State Representatives
Introduction of State Officers
10:30 AM         Invocation - Ohio State Chaplain
10:35 AM         1st Speaker
                        11:45 AM         Break
                        12:00               Lunch / Speaker Ron Cooper Constitutional Instructions
                        1:00 PM          Speaker
                        2:00 PM          Speaker
                        3:00 PM          Speaker
4:00 PM          Closing Ceremony
  
JUNE 17, 2012
Sunday -    Departure Breakfast / or lunch - Time and Place to be determined
  
Event tickets are $25.00 in advance, $35.00 at the door. (Ticket includes lunch.)
  
Table setup: to display information, handout fliers, talk to individuals.
$50.00 plus $20.00 lunch ticket - 2 individuals per table.
  
To purchase advance tickets - pay online with PayPal go to www.paypal.com

You must login to your PayPal account or create one. When you are ready to go, click "Send Money" and enter  OhioOathKeepers@gmail email address as the recipient, then enter the amount of money you are sending.  
Keep receipt for your records. Your name will be recorded for admittance at the event. 

If you prefer to pay by check call 419-663-2131 ask for Ryan Sawyer (Ohio Oath Keeper Treasurer).
 
  
Tickets are going quickly, please call now to confirm your spot at this  
important Oath Keeper Event!



HOTEL INFORMATION:

Holiday Inn® - French Quarter
10630 Fremont Pike
Perrysburg, OH 43551
Toll-Free: (888)874-2592 Phone: (419)874-3111 Fax: (419)874-0198
PHYSICAL LOCATION - US State Route 20 and Exit off of I-75 at exit 193

If you plan on staying at the site hotel, please mention Ohio Oath Keepers for negotiated room pricing.
  
We are well within many family entertainment sites and invite everyone to make this a family event as well as an Oath Keeper and like minded organizational gathering.
There are also nearby campgrounds and many other hotels/motels. We are currently negotiating prices for the stay at the French Quarter.   



Oath Keepers is growing FAST, but like General Patton, we are outpacing our own supply lines. Your donations are "fuel" for our advance! If you would like to support the Oath Keepers vital mission to teach the current serving about their oath and about the Constitution so they will stand firm and do what is right, and our second mission to remind veterans of their oath and obligations.:

Please click the PayPal image below to donate.  


If you would like to mail your donation:

Make checks payable to: OathKeepers

Mail to:
Oath Keepers
5130 S. Fort Apache suite 215
Las Vegas, NV 89148 

This email was sent from an unmonitored email address. If you wish to contact us, please use the contact form on the contact page of our website.
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