The following testimonies were presented to Montana Courts. These testimonies are from witnesses with personal and firsthand knowledge of Wells Fargo's fraud, abuse and prevention of performance.

SUPPORTING AFFIDAVIT OF NICK NICKERSON

I, Nick Nickerson, deposes and states:

1. I am an Appellant in the above entitled action.
2. The evidence requested in the remand Order is currently due September 30, 2016.
3. HSBC through their alleged servicer, Wells Fargo, is preventing us from making this deadline by withholding the affidavits and evidence required.
4. I am requesting an extension to November 30, 2016, so that HSBC and Wells Fargo may be compelled to produce the required evidence and affidavits.
5. It is my belief opposing counsel objects to this extension.
6. I am requesting an extension due to the fact HSBC through their alleged servicer Wells Fargo will not allow their employees with firsthand knowledge to provide affidavits.
7. On Monday, August 28, 2016, we and several members of our family travelled from our home in Montana to Lewiston, Idaho, to secure the affidavit testimonies of Wells Fargo Home Mortgage employees Theresa Koepke and Jody Lauzon. These employees are among those who tried to help us make Wells Fargo take our payments when the payments were first refused, have firsthand knowledge of Wells Fargo's refusal to accept our payments, have firsthand knowledge of Wells Fargo's attack on our entire financial portfolio, and are more than willing to communicate these events to this Supreme Court. However, because Wells Fargo will not allow any witness testimony to be provided on our behalf, we attempted to secure these testimonies in person. While we were in her office, Theresa Koepke approached Wells Fargo Home Mortgage supervisor Wes Gossage to detail our attempts to make payments and gain permission to provide testimony. Mr. Gossage listened to our combined stories and promised to request permission from the Executive Office. On August 31, 2016, Theresa told us they did not yet have a response from the Executive Office.
8. In December 2013, we had contacted the Montana State Auditor's office to see if they could find a resolution that would help us save our home because all other authorities we contacted met with jurisdictional roadblocks that prevented them from assisting us. In January 2016, Jesse Laslovich of the State Auditor's office and his team reviewed the merits of our case. Jesse Laslovich indicated Wells Fargo could make this right and he requested Ron Long of Wells Fargo contact us and resolve this situation.
9. Repeated requests for Wells Fargo to contact us were made by the auditor's office.
10. In August 2016, Dita Hotic and Kobe Alic left messages on behalf of Ron Long regarding Jesse Laslovich's inquiries. We responded, but our calls were unanswered.
11. On or about August 30, 2016, our witnesses requested permission from the Executive Office to provide affidavits regarding Wells Fargo's prevention of performance.
12. On September 9, 2016, we received a letter dated September 1, 2016, from Wells Fargo Home Mortgage Executive Resolution Specialist Kobe Alic. Kobe stated he was responding to the inquiry and would provide the results of his research on September 14, 2016. On September 26, 2016, we finally received a letter dated September 21, 2016.
13. Their letter admitted communications with Wells Fargo employees regarding payment attempts took place. Wells Fargo provided a copy of this letter to our witnesses because our witnesses contacted Wells Fargo regarding providing their testimony to this Court.
14. Kobe Alic contacted us by phone on September 21, 2016. We told him our story, detailed how Wells Fargo refused our payments beginning in April 2012, pled with him to turn our records over to any person in the Executive Office that was honorable enough to do the right thing and stop this wrongful foreclosure (if such a person existed), and requested the Executive Office immediately release our witnesses to provide affidavits and simply tell the truth. The Executive Office has so far refused to release our witnesses. The Executive Office has not provided the requested records.
15. On Friday, September 23, 2016, around 5:30 p.m. MDT, Theresa Koepke confirmed Wells Fargo would still not allow her or other Wells Fargo employees to provide us with any written testimony of the things she personally experienced and verbally confirmed.
16. After confirming Wells Fargo would not allow us to obtain the required affidavits and letters from their employees that attest to Wells Fargo's prevention of performance and would only provide response through their Executive Office, I spent several hours at the Montana Law Library on Monday, September 26, 2016, and an enormous amount of time this week researching discovery options, case history, and next steps. All of the options generally require 30 days or more to complete the entire process. Therefore, our only course of action at this point is to request an extension until November 30, 2016, or until HSBC and Wells Fargo can be compelled to produce the required evidence and the appropriate discovery timelines can be fulfilled.
17. We did not know Wells Fargo would or could try to obstruct justice and hide their fraudulent and abusive actions by preventing their employees from providing letters or affidavits.
18. We have been told HSBC's denial of any involvement in this action restricts the Banking Commissioner's office from exercising their authority to help us.
19. We have been told Wells Fargo's denial of involvement in this foreclosure restricts the Montana Attorney General's office from requiring Wells Fargo to answer to their violations against us and the agreements made with the State of Montana.
20. We have been told the Wells Fargo Asset Securities Corporation Mortgage Pass-Through Certificates Series 2007-7 trust is not registered in the State of Montana and cannot own property in the State of Montana per MCA § 35-5-201. Therefore, this Trust does not fall under Montana's jurisdiction and the Secretary of State's Office cannot help us.
21. Because this Trust was closed 1,046 days before the first alleged assignment of Mortgage and 1,911 days before the second alleged assignment of the same Mortgage, determining what entity is driving this foreclosure so we can properly defend our rights and prove our complete innocence against these accusations has been challenging and has delayed this entire process.
22. Limiting all discovery solely to prevention of performance prevents us from using testimony of other corroborating witnesses because their communications and the foundations for their testimony were initiated in context with the fraudulent transfer of ownership from Wells Fargo to HSBC. The banks' concealment of these fraudulent activities has prevented and delayed us from gaining assistance from appropriate agencies, has allowed Wells Fargo to bypass agreements and regulations associated with the settlement made with the Montana Attorney General's office, and has allowed their inhumane abuse of our family to go unchecked.
23. Theresa Koepke's written testimony is critical to our defense because we anticipate it will be very similar to that of former Wells Fargo employee Heather Hummel, with the additions that Theresa has known us for more than 10 years and is able to testify to the prevention of performance actions of Wells Fargo against our entire financial portfolio and long-standing history of keeping commitments.
24. A true and correct copy of Heather Hummel's affidavit has been submitted in conjunction with this motion.
25. We are attempting to locate and secure the testimony of other former Wells Fargo employees who have firsthand knowledge of our commitment to our obligations and of Wells Fargo's intentional prevention of performance and attack on our financial portfolio. Wells Fargo's refusal to provide us with requested documentation has delayed our diligent efforts to do this.
26. We have had numerous phone and in person conversations with Wells Fargo representatives during the life of this loan that clearly demonstrate our extreme commitment to our obligations regarding this property.
27. Wells Fargo prevented us from having access to our account and is preventing us from obtaining verified written testimony from their employees that prove Wells Fargo prevented our performance. This extension is necessary so we can pursue all other discovery avenues available to compel Wells Fargo to provide all account records, notations, phone recordings, and communication records that corroborate our story and demonstrate why it was wrong of Wells Fargo to reject our payments. This process will require more than 30 days to complete.
28. Wells Fargo has confirmed we made our March 2012 payment this complaint relies upon for default.
29. We attempted to make our April 2012 payment and Wells Fargo refused to accept it.
30. We attempted to pay all payments and fees associated with this loan to bring it current and Wells Fargo refused to accept our payments or even allow their employees to access our account to make notations to our account.
31. Wells Fargo has made no collection attempts to resolve the alleged default on this loan.
32. At no time since April 2012 has Wells Fargo been willing to accept partial or full payments from us or to allow us to cure any alleged default created solely by their prevention of performance actions.
33. We have been victimized by Wells Fargo's abusive debt collection practices.
34. We have been told by Wells Fargo employees that Wells Fargo cannot accept our payments nor can we qualify for a modification or any other option to save our property solely because our loan was entered into a closed trust without our knowledge.
35. No Wells Fargo employee was able to take our payments or allow us to cure any alleged default created by Wells Fargo's intentional prevention of performance from April 2012 to present.
36. We have clearly communicated to Wells Fargo in every communication, "This is our home. We want to keep it. We have the wherewithal to keep it. We are going to fight to keep it."
37. We have requested account records, taped conversations, and documents from Wells Fargo.
38. We have clearly communicated to HSBC that Wells Fargo prevented our performance and that this is a wrongful foreclosure attempt against us, our family, and our heirs.
39. HSBC and Wells Fargo are stealing our home and equity from us without cause or right.
40. We need this extension to protect our rights regarding this property.

I swear or affirm under the penalty of perjury that the above is true and correct.
Nick Nickerson, Appellant Pro Se






The Testimony of Amanda Nickerson in Regards to Wells Fargo and HSBC

Hello, my name is Amanda Nickerson. The below is a true and correct account of my personal experiences with Wells Fargo and HSBC.

I have been present and assisted with orchestrating and making mortgage payments in-person at multiple Wells Fargo branch locations and telephonically.

I have been present and able to hear both sides of the conversation via speaker phone or the volume on a phone being turned up when we have made mortgage payments telephonically to Wells Fargo representatives.

I have and have had direct access to the Nickerson bank and cash funds, knowledge of the moneys therein, and what portions were already designated, and who they were designated for.

I was present when on multiple individual in-person visits to Wells Fargo bank locations Wells Fargo employees greeted us pulled up our mortgage account and started to post our mortgage payment. I personally witnessed Wells Fargo employees: apologize, try to figure out what was wrong with their computer system, ask for assistance from fellow employees and supervisors, try to access the account through different computers, appear baffled and embarrassed, recommend we try another day, recommend we try the 800 # representatives, send us away because there was nothing else they could personally do, refuse payment(s) because they could not accept any payment(s) without accessing/posting them to the account.

I traveled with my family to different Wells Fargo Branches in multiple states to try to get around the lockout of our account, hoping it was a local issue we could bypass.

I was present when we contacted, in person and telephonically, and communicated our story and asked, pled, begged Wells Fargo bankers, tellers and other Wells Fargo employees/representatives to take our payments because we wanted to keep our home and ranch and it was wrong for Wells Fargo to just decide to force us into foreclosure.

I was present when we visited with home mortgage specialists to try to get their assistance for access to our mortgage account so we could make payments.

Our family was prevented from making the April mortgage payment when Wells Fargo employee(s) refused to accept the payment.

I was present when the April payment was refused by a Wells Fargo representative and clearly remember the emotions surrounding the moment.

I personally assisted in the attempts, sometimes multiple times a day, to make Wells Fargo receive our mortgage payments together with what our family labeled "blackmail fees" and late fees as they accrued in April, May, June, July and continuing sporadically through the end of 2012 and on into 2013.

I was present when we in person and telephonically requested Wells Fargo employees/representatives to please make notations on our account. We requested they write that we had come in or called in and tried to make a payment and the system would not allow them to post it. When speaking with Wells Fargo telephonically we requested they do actually record the conversation(s) and communicated every time we called them we were calling to make a payment on our mortgage, that we had the money, and wanted to keep our home.

I personally assisted in and was intricately involved with attempting, in any way we could come up with, to make Wells Fargo receive the mortgage payment, and then payments, together with the fees they tacked on, and continued to tack on to our account.

Our family was prevented from making payments on our mortgage by Wells Fargo.

Based on my personal experiences and what Wells Fargo employees/representatives communicated to me and my family: A Wells Fargo representative with the power and who has the actual access, locked their own Wells Fargo employees out of our mortgage account so payments could not be received.

I believe Wells Fargo locked down our mortgage account so Wells Fargo could force a foreclosure for their gain or as a cover-up for deeds committed. The only other viable possibility is maybe Wells Fargo created, or gave access to a national financial computer system that targets properties with equity. Whether deliberately by a Wells Fargo representative or by some Wells Fargo "system", Wells Fargo targeted our family ranch and through unfair tactics and HSBC, Wells Fargo is trying to steal my/our ranch.

I have personally never seen a letter or heard a conversation or listened to a message where Wells Fargo made any collection attempts. Wells Fargo has consistently and obstinately refused to accept any moneys from us (the Nickersons) since April 2012. Wells Fargo, in an attempt to establish "collection attempts", harassed our family with phone calls at all times of day and even late into evenings on every day of the week, not even skipping Sundays or Holidays. A collection attempt is an attempt to collect, in this case money. Refusal of money is not an attempt to collect money, no matter what Wells Fargo may try to represent. When a call was answered we would have to wait for a representative and then give them our account information. We would then try to give them a payment. The representative would say that they were unable to accept a payment. When asked why they called us if they were unable to accept a payment they would say that our number was assigned to them to initiate a contact and to gather information. We would always tell them a part or even our whole story and then say "Well, would you please write a notation that says: The Nickersons want to keep their ranch. They have the wherewithal to keep their ranch and they will fight to keep their ranch." (Note: The above described phone calls took place with-in my hearing, at times with me physically holding the phone with the phone on speaker or the volume turned up so I and others could clearly hear both sides of the conversation.) These phone calls continued until when my family and I visited in person with a local Wells Fargo Bank Manager and he was able to order a cease and desist for Wells Fargo employees continuously calling and harassing us.

I have occupied and assisted with my personal resources in maintaining and building equity in the property that is the subject of this litigation starting before the mortgage was initiated and continuing to present.

I have personal knowledge and experiences in regards to the fact our family has had the wherewithal to keep our ranch.

In April 2013 a man trespassed on our property by climbing our locked gate and walking up our long driveway. He knocked on our door and gave us foreclosure papers. When we read the papers we were shocked and our first thought was it must be a joke or mistake because Wells Fargo was not named, a Bank called HSBC was, who we had never had any dealings with, and it was dated April 1st (April fools day). Then we thought maybe HSBC would be able to accept our payments and stop the mess Wells Fargo had created and maybe everything would be okay. We contacted HSBC to try and get everything resolved and HSBC denied having anything to do with the foreclosure and said Wells Fargo was responsible for handling their foreclosures. (See letters from HSBC in the record) HSBC and Wells Fargo then together by denying they were foreclosing, both, in conjunction together, deliberately continued to refuse payments and prevent us from making payments or working out any kind of solution with them to stop the foreclosure proceedings and secure our ranch. As a family, we reached out to Montana government entities who contacted HSBC and Wells Fargo on our behalf, but were unable, because of HSBC and Wells Fargo’s (what I believe to be false and cowardly) denials, to be successful in stopping these proceedings and in holding HSBC and Wells Fargo responsible for their deeds. I was present and am personally aware of the above conversations and events.

I am personally aware that Wells Fargo and HSBC have prevented us (the Nickerson Family) from making mortgage payments by their actions and inactions regarding the moneys offered to them.

I was present when a current Wells Fargo employee confirmed she remembers our family coming in to make payments to Wells Fargo and that Wells Fargo would not accept them. She communicated she was willing to provide an affidavit stating that for the court, but her supervisors had strictly instructed her she was not to put anything in writing. She was concerned for her job if she were to write a letter or an affidavit, but offered and is willing to testify. I was present when a co-employee confirmed she remembered these events as well.

I am one of the witnesses disclosed in the witness list submitted by the Nickersons and the above is a true account of my experiences with Wells Fargo and HSBC.

This affidavit is now being submitted in accordance with the Montana Supreme Court’s ruling allowing for the submittal of affidavits to the district court regarding Wells Fargo’s prevention of performance.

I am competent and knowledgeable in regards to our communications with Wells Fargo and HSBC and I affirm that the above testimony is true and correct under penalty of perjury.

Thank you for taking the time to read my testimony. If you have any questions feel free to ask me to clarify.

Amanda Nickerson






The Testimony of Chad Nickerson

My name is Chad Nickerson and I am the oldest son of Nick and Donna Nickerson. I know we had enough money to make our payments in April, May, and June of 2012 because my brother Caleb and I helped my dad make the money that was needed. I also remember there was an unexplained charge of approximately $3,000 that we earned as well. I also remember that my mother went into multiple Wells Fargo locations and talked to various Wells Fargo employees on the phone, and no one could allow her to make a payment or explain why she could not pay the bill. I also remember Wells Fargo employees began calling our home, sometimes on a daily basis, and when the phone was answered, whoever answered the phone would be told a Wells Fargo representative would be with them shortly. Whoever answered the phone would then have to wait a period of time, I believe sometimes as long as 45 minutes, before a Wells Fargo person would get on the line. We started having a member of our family sit with the phone when Wells Fargo called, and when a human finally came on the line, my mother would come talk to them. The Wells Fargo person on the phone would ask a bunch of questions, and my mother would answer or tell them that nothing had changed since the last time they had called. She would ask the Wells Fargo person on the phone to help her make a payment, and they would tell her they couldn't do that. I distinctly remember the end of her conversations with Wells Fargo, because I heard it many times. She would ask the person on the phone to make a note in the system, and then she would say "This is our home. We want to keep it, and we have the wherewithal to keep it." She would then get off the phone.

Since that time I have been present when Wells Fargo employees said they could remember what happened but they were not allowed to put anything in writing about it. I have also been present at times when my family has visited with Montana State Agencies, and the law library as well, and can provide testimony about these communications and the research conducted.

This experience with Wells Fargo that has now lasted 4 years has been very angering. I was raised with the belief that in America men were free, that we had the right to own and defend our property, and that the law was in place to protect the innocent, and punish those who broke it. Our family settled in Montana because we believed the citizens of Montana believed this to. As a grown man I have learned that America is a different place. I have learned that men's votes can be bought, that judges can give banks whatever the bank wants, and that the law has nothing to do with justice. I have heard employees of the State of Montana say they know what Wells Fargo has done to our family is wrong, but no one is going to help us. So I am asking whoever reads this to help our family. If you are a judge, read our case, and especially our counterclaim. You were put into office to ensure justice is served, not to be a referee for a game of chess. The facts speak for themselves. If you are a lawyer for Wells Fargo or HSBC, remember when you thought being a lawyer was about helping people, or securing justice for the oppressed, and think about what you are doing! And to any fellow American who reads this, please remember, "All it takes for evil to triumph is for good men to do nothing." No American's property is safe from unlawful seizure if a bank can refuse to take payments and then foreclose. It happened to us, and it could happen to you.

May God render to each man according to his deeds.

I affirm under penalty of perjury that the above is true and correct.
Chad Nickerson





The Testimony of Stephanie Nickerson

I Stephanie Nickerson, affirm under oath that:

1. I have personal knowledge of the facts contained in this affidavit.

2. I have personal knowledge of the events surrounding the alleged default of Nick and Donna Nickerson, the prevention of performance by Wells Fargo, the history of this loan from its inception to the present, almost every phone conversation, document, correspondence and personal contact dealing with this loan, and our other Wells Fargo accounts, from 2007 until the present day. I have personally made mortgage payments to Wells Fargo on this loan. I have access to and knowledge of Nick and Donna Nickerson's funds and accounts. I have been physically present, and an active participant, on numerous occasions when Wells Fargo refused our family's payments both in person and via the phone. I have lived through every minute of this unending nightmare in which Wells Fargo and HSBC are trying to steal everything our family has worked and dreamed and prayed for. I am competent to testify in this matter.

3. I have personal knowledge of Wells Fargo's history of preventing performance, keeping inaccurate records, making outrageous payment demands and other illegal and questionable activity when dealing with our accounts. I have personal knowledge that Nick and Donna Nickerson have a history of tendering timely payments, when not prevented by Wells Fargo, and showing extreme regard for all commitments and obligations, clearly communicating with Wells Fargo, keeping accurate records, and being long-standing, faithful customers of Wells Fargo. Numerous Wells Fargo and former Wells Fargo employees can testify to this fact including Teresa Koepke, Jody Lauzon, Bryan Proctor, Heather Hummel, Kenneth Hayes and others.

4. I have personal knowledge of the events during 2009 and 2010 when Wells Fargo refused multiple payments by us and then increased our payments by nearly $2,000/month (from $5,000 to nearly $7,000/month) for almost a year. We continued to faithfully make our payments. Even when the increased amount caused extreme financial hardships in a failing economy we, the Nick and Donna Nickerson family, pulled together, worked around the clock, lived very simply, and gave up personal savings, assets, and resources to meet our obligations. We individually and corporately sacrificed in big and small ways because we believe when you tell someone you will do something, you do it.

5. This lawsuit is based on our alleged default on the March 2012 payment. The complaint states we failed to make our March 2012 payment. I have personal knowledge this is inaccurate. We made our March 2012 payment on March 1, 2012. I have personal knowledge of a letter we submitted to the court from a Wells Fargo personal banker who looked at our banking records and confirmed we made our March 2012 payment. Over the years we have had numerous issues with Wells Fargo providing inaccurate account information. We stopped by or called Wells Fargo and spoke with employees who straightened everything out and told us to disregard the inaccurate claims. I have personally read these documents, participated in these conversations and have personal knowledge of the true status of our accounts and of the conversations that sorted out the errors.

6. Members of the Nickerson family, including myself, attempted both in person and via the telephone to tender timely payments to Wells Fargo bank tellers, Home Mortgage consultants, personal bankers and numerous other Wells Fargo employees in the spring and summer of 2012, and the months following, Wells Fargo refused our payments and prevented our performance. I was a witness and participant in these events. Many of the Wells Fargo employees stated they were perplexed about the system's refusal to take payments. They expressed they did not know what was going on or why Wells Fargo was not accepting our payments. They communicated something strange and unusual was going on.

7. I have personal knowledge our family tried to make payments and Wells Fargo refused. Since April 2012, each time we tried to pay a Wells Fargo employee in person or over the phone, or expressed a desire, willingness and ability to tender payment to any Wells Fargo employee, Wells Fargo prevented our performance and refused to accept our payments. Wells Fargo and the Wells Fargo employees knew we had the money to pay, but refused. We did not offer empty promises. We tendered timely payments to Wells Fargo on multiple occasions and they wrongly rejected our payments and prevented our performance.

8. I personally witnessed Teresa Koepke, a Wells Fargo personal banker, attempt to get our payment processed and Wells Fargo refuse to take it. Our family went to Teresa and expressed that Wells Fargo would not accept our payments. She said she would get this taken care of. On one occasion, we walked with her from her desk to the tellers where she instructed them to process our payment. They tried and said they could not. While we listened, Teresa then made calls to find out what was going on and get it all resolved. We listened as she was unable to persuade them to take our payment. Teresa, who has worked for Wells Fargo for many years expressed great frustration and confusion as to why Wells Fargo would refuse payment from long-standing, loyal customers like us who have multiple large accounts with Wells Fargo. Teresa referred us to Jody Lauzon.

9. I personally witnessed Jody Lauzon, a Wells Fargo Home Mortgage Consultant, attempt to access our account in order to help us process a payment, but Wells Fargo prevented her from helping. Jody communicated that there was no reason for Wells Fargo to be doing this.

10. I personally witnessed Lorrie M. Willey, a Wells Fargo teller, attempt to process our payment and Wells Fargo refuse it. When we approached Lorrie we communicated that Wells Fargo had been refusing our payments and asked if she could help us. She said she could and we were so excited. She began processing our payment and then the system would not accept it. She told us she did not know what was going on and she was so sorry.

11. I personally witnessed numerous other employees attempt to take our payments and have the same experience. No one could explain why. I have personally been a part of conversations with tellers, mortgage consultants, personal bankers, branch managers and many other Wells Fargo employees who attempted to accept and process our payments, access our accounts, and determine why Wells Fargo was taking these actions against us. Employees who had been with the company for years or even decades communicated to us they did not understand why Wells Fargo would treat customers like this. I personally heard telephone conversations where Donna Nickerson attempted to make payments to Wells Fargo and Wells Fargo employees refused to accept our payments.

12. My family and I visited with Randall Peterson in June of 2012. At that time we understood he was the branch manager of the downtown Helena Wells Fargo. We told him we wanted to make payments to Wells Fargo, but Wells Fargo's refused to take our payments. He was unable to help us. Randy made notations on our account about our conversation.

13. I was personally present when members of my family approached Stef Lawrence, a Wells Fargo Home Mortgage Consultant, but she was unable to take our payment or facilitate making Wells Fargo take our payment.

14. I have personally researched state, federal and common law codes and regulations regarding Wells Fargo's actions and inactions including prevention of performance, trust agreements, servicer responsibilities, wrongful foreclosure and other issues trying to help save our family ranch. I have researched who the appropriate agencies to report Wells Fargo's violations of state and federal laws to are and have spoke with many of these agencies. I have discovered in this process that Wells Fargo's violations are not limited to our family. They are breaking laws across the country which corroborates our claims. I have researched their violations of the trust agreements which govern the trust that our loan is allegedly a part of and have been in contact with some of the law firms engaged in suing Wells Fargo for these violations. I personally assisted in ordering a certified copy of all the trust documents governing this trust from the SEC and we have used these documents in our research. I have personally researched the illegal and destructive actions and inactions of Erika Peterman, RCO Legal, Northwest Trustee, Jeff Stenman and others involved in this lawsuit. I have reviewed local, statewide and national cases involving RCO Legal and Erika Peterman's foreclosure practices. My research has shown it is a common occurrence for these entities and others like them to engage in practices that unjustly and unlawfully rob innocent homeowners like us of their homes and equity.

15. I have personally spoken with the New York Attorney General's office, Consumer Financial Protection Bureau, Federal Trade Commission, Office of the Comptroller of the Currency, Securities and Exchange Commission and one of their attorneys, Department of Housing and Urban Development, Federal Deposit Insurance Corporation, Montana State Law Library, Montana Secretary of State - Notarization Department, Washington Secretary of State - Notarization Department, McDonnell Property Analytics, Inc., Federal Reserve, Delaware Secretary of State and other agencies regarding issues surrounding Wells Fargo's prevention of performance, illegal actions and wrongful foreclosure. In many cases I spoke with multiple departments in each agency. My family and I have spoken with the offices of the Montana State Auditor, Montana Attorney General, Montana Banking Commissioner, Montana Secretary of State, and other state agencies regarding Wells Fargo's prevention of performance and many other issues. Investigations and complaints that are ongoing were initiated by the New York Attorney General's office, Montana State Auditor's office and others.

16. Mike Palzes is a former Montana Attorney General's office employee who worked on our case. After diligent research in finding his new contact information, I was a witness to a phone conversation between Mike Palzes and Donna Nickerson on August 31, 2016. Mike Palzes stated he remembered our case, but was unable to give us a letter confirming the prevention of performance of Wells Fargo, our attempts and willingness to make payments, our efforts to save our home, and that Wells Fargo's refusal to work with us stemmed from our loan being entered into the trust, because he has been told he could not help us and he would lose his current job if he did. He told us he documented everything thoroughly for us and the corroboration and statements we are seeking would be in his notes. We contacted the Montana Attorney General's Office to get Mike's notes and were informed the notes Mike told us about were not in the files.

17. I personally spoke with Erika Peterman on the phone on August 31, 2016 to ask her if she would stipulate to an extension. Hannah Nickerson was a witness to the conversation. Erika was hostile, confrontational and rude. She stated her client would probably not be willing to stipulate. When I mentioned that she had previously, when it was beneficial to her, communicated she would be happy to stipulate anytime we needed more time, she said in a very hostile tone, yes, but that was before we attacked her personally in court and in our brief. I am personally unable to comprehend how our family's defense of our home and property rights, albeit a fervent defense, against those who would seek to steal it, especially those without proof of authority, ownership of the debt, default caused by us, or any right to our home whatsoever, could be considered an attack.

18. Wells Fargo employees in differing departments, differing company levels and differing geographic locations have repeatedly stated something unusual was going on with our Wells Fargo accounts. Over and over I have personally heard Wells Fargo employees state Wells Fargo should not have refused our payments and should have worked with us to resolve this situation.

19. Wells Fargo prevented our performance, the Nick and Donna Nickerson family's performance, of timely tendered payments over and over. Wells Fargo is subject to MCA § 28-1-1301 and MCA § 28-1-1302.

20. Because of this prevention of performance, Wells Fargo and HSBC are now attempting to steal our home. We did the right thing and are getting punished. They did the wrong thing and are getting rewarded. I am personally unable to see the justice in this.

21. I am personally aware myself and the entire Nickerson family want to keep our property.

22. I am personally aware we have the wherewithal to keep our property.

23. I am personally aware we did not default or commit any act that should cause us to lose our home.

24. I am personally aware we were prevented from performing by Wells Fargo.

I affirm under the penalty of perjury that the above is true and correct.

Stephanie Nickerson






The Testimony of Kristina Wright

To whom it may concern,

I was present with the Nick and Donna Nickerson Family in Helena, Montana at the Wells Fargo Bank when Donna Nickerson walked in to Wells Fargo with checkbook in hand and stated to me she was prepared to make a payment to the bank and was going to see if they would take it this time. She and members of the Nickerson Family met with local branch manager Randy. Donna Nickerson came out of the meeting and stated to me that Wells Fargo had not and was not willing/able to take the money.

I was present with the Nickerson Family when they met with Wells Fargo representative Deanna who apparently works in private banking as a Regional Investment Manager. She listened to the story and stated it was obvious that the Nickersons are definitely not being idle and are not slackers. They are working hard and are making every effort to fulfill all obligations. She attempted to access the Nickersons account and was unable to determine why the system would not accept payments. She promised to reach out to Wells Fargo mortgage representatives and to do everything she could to help, but she was unsuccessful.

I was present during and personally witnessed and listened to multiple telephone conversations with Wells Fargo employees. Each Wells Fargo caller was clearly informed that the Nickersons wanted to keep the property, had the wherewithal to keep the property, and intended to fight to do so. The representatives were clearly asked to make notes accordingly in the system and they agreed to do so. They called countless times and would consistently admit at the end of the conversation that they were sorry but there was nothing they could do to help, they were unable to receive a payment or facilitate any resolution. As I recall, one of the contacts, Harold Lovelady, admitted that because of agreements Wells Fargo made with the state of Montana, and because of the Mortgage Backed Securities Trust the loan had been placed into, he would not be able or allowed to help.

I was witness to telephone conversations with Mike Palzes of the Montana Attorney General’s Office of Consumer Protection regarding Wells Fargo’s actions on the Nickerson’s account. He attempted to negotiate with Wells Fargo on the Nickersons behalf. Wells Fargo alleged that a large lump sum payment would reinstate the status of the account. After further discussion, Wells Fargo raised the amount several times. When pressed for a final figure, Mike said Wells Fargo had indicated to him that even if a lump sum was paid, it would not ultimately result in reinstatement of the Nickerson account, and Wells Fargo would in the end still be unwilling to facilitate a real resolution with the Nickersons.

I have been present with the Nickerson Family on multiple meetings and conversations with Jesse Laslovich, the Chief Legal Counsel for the Montana State Auditor and other Montana agencies. They have all passed the blame and the responsibility on to the next agency in an endless loop in which no one will hold the bank accountable for preventing performance.

I have personally researched the actions of Wells Fargo as a whole and their conduct and performance with individual and specific customers. Wells Fargo has been undeniably culpable of fraud, deceit, unfair acts and practices, prevention of performance, and bullying or buying off those that stand in their way. They have willfully circumvented state and federal laws and banking regulations to seize equity. I have also listened to and examined people that have firsthand accounts of Wells Fargo’s unjust practices.

I have personally researched the involvement and liability of HSBC in this and other foreclosure cases. I have reviewed and examined the Trust documents and Pooling and Servicing Agreement governing the Trust HSBC is allegedly the Trustee of. I have reviewed the status and condition of loans and properties that are a part of the trust, the dates they were entered, and who authorized the transactions. I was witness to communication with representatives from HSBC who stated HSBC is not responsible for foreclosing.

I have personally researched the conduct of Erika Peterman, Peterman Law Offices, RCO Legal, Northwest Trustee, and other firms and attorneys associated with foreclosure. Across the state of Montana I have documented patterns of deception, crookedness, and chicanery that Erika Peterman and those associated with her have used to swindle property and homes away from Montana homeowners. She, and they, have cunningly misled Montana judges and caused them to make rulings that have needlessly injured homeowners.

I have personally spent many hours at the Montana Law Library with members of the Nickerson family researching state laws, federal laws, case laws, banking regulations, and any legal remedies available to them.

I can personally confirm there is no question the Nickersons have a high regard for their financial obligations. They have a remarkable history and outstanding record of meeting and exceeding their financial commitments.

I can personally confirm that Wells Fargo refused the Nickersons payments and prevented the performance of the Nickersons. I watched the Nickersons continue to make diligent efforts to find a way to make Wells Fargo accept their money but they were consistently blocked. I have watched the Nickersons continue to make diligent efforts to fight for their home and stop Wells Fargo from stealing their property.

I am competent to testify in these matters and affirm under penalty of perjury the foregoing is true and correct.

Kristina Wright






The Testimony of Jeannie Smith

To Whom this may concern:

My name is Jeannie Smith.

I am writing this letter concerning the Prevention of Performance issues for Nick and Donna Nickerson. I have personal knowledge and can witness to them walking into Wells Fargo to make payments and them being prevented from making their payments. I have been with them on numerous in person visits to Wells Fargo trying to get somebody to take their payments. I have been with them when they went to Wells Fargo with money in hand to make payments, only to be told Wells Fargo would not receive the payments. I have been present while Donna spent countless hours with Wells Fargo trying to make payments and trying to resolve Why their payments were being refused. The teller would say “this is weird” “the computer will not accept your payment” “I’ll make notes on your account” etc. I have been with them when they walked into banks with multiple months of payments and fees that would completely bring their account current and been refused. I have also heard Donna on the phone trying to make payments countless times when Wells Fargo ridiculously refused to accept her payments. I have heard her confirm with Wells Fargo that this call is being recorded and pause the conversation until the teller confirmed to her that the call was being recorded.

This whole situation has been ludicrous. Customers have a lot of banking choices and it has shocked me that Wells Fargo would stoop to destroy a good customer who is making their payments, begging to make their payments, and can make their payments. There are so many people out there who do not, cannot or will not make their payments. Wells Fargo should be ashamed, humiliated and prosecuted for their lack of professional dealings with the Nickersons.

I can fully assure you and have very personal experiential knowledge that Nick and Donna have made valiant efforts to make every payment and they did not default on this loan. They have shown high standards about paying this debt. This is not a flippant issue to them. I have heard them say how this property is a family heritage to them for many future generations. It is their dream for their legacy. I have listened for years to stories about how ownership of this property is Nick and Donna’s dream and all their children’s dream since they were children to live and work the land kind of like homesteaders when America was new. I travelled with Donna and her family to multiple states in search of their dream location, state, climate, and a specific land that would fulfill their dreams and purposes. This property fulfilled a long, careful, intentional, and cherished search and purchase. Losing this property destroys Nick and Donna, their children, and their grandchildren’s entire dreams, hopes, and plans for their entire lives. I KNOW they did not default on this loan and I KNOW that they would do whatever was required to not default and lose this property. They made every sacrifice to not default on this loan, to stop this malicious attack, and to fulfill their financial obligations regarding this property.

I have witnessed extreme integrity in fulfilling all their financial obligations. Anyone that knows this family would tell you this family works harder than any family. They make great sacrifices to make their dreams a reality. They do the right thing. They work hard. They are faithful.

Since April 2012 when Wells Fargo first refused to accept the Nickerson’s payments, stopping these outrageous escapades with Wells Fargo has been a constant prayer request for the Nickerson family, their extended family, their friends and myself. I remember very vividly the trauma and concern the Nickersons felt when Wells Fargo refused their April 1 payment and they first asked for prayer about this situation. The shenanigans Wells Fargo had previously attempted with the Nickerson’s other accounts increased this concern and firmly affirms that Wells Fargo has directly targeted the Nickersons with malicious and wrongful actions.

I have had personal interactions with Wells Fargo employees on behalf of the Nickerson family. I have had personal interaction with Teresa Koepke at Wells Fargo on behalf of Nickerson family. Teresa knows the Nickersons well and always had immediate recall of who Nickersons are when I said I am here to do something for the Nickerson family. Teresa was always affirming and accommodating for Nickersons because they are one of her exemplary customers. She tried hard to help them make their payments and resolve the conflicts with their account when all this happened, but was unable to do so.

I have observed Wells Fargo create and cause this entire situation to distract this family from life, their ministry and their dreams. This has been a nightmare for the Nickersons, their extended family and their friends who have watched them suffer at the hands of Wells Fargo. Please use the power vested in this Court to cease and desist this unnecessary, wrongful assault on this family.

I swear and affirm under penalty of perjury the above is true and correct.
Jeannie K. Smith






The Testimony of Heather Hummel

From Heather Hummel, Wells Fargo Employee

Your Honour:

This letter is written by me, Heather Hummel, on behalf of Donna Nickerson. I had my first communication with Mrs. Nickerson about six years ago while I was employed at Wells Fargo, N.A. (the Bank). I would continue to work closely with Donna for approximately two years following that initial communication. During that time, I was very much aware of the issues plaguing the Nickerson's property.

It was during this two year timeframe that I established a very good professional relationship with Mrs. Nickerson which in turn became a friendship. During my 17 plus years with the Bank I never encountered a more honest, hardworking, committed and passionate individual as Donna Nickerson. I could always count on Donna to keep whatever arrangements she had made with me. One time I recall that her and her family delivered thousands of phone books over an entire weekend to ensure she had the money to make her payment to me. It is this type of tenacity in dealing with this unfortunate situation for the past six years which makes me admire and respect her and her family.

During the time I was employed at the Bank I would ask my supervisors for assistance with the Nickerson's account. I would show management the errors being made on the home equity account as well as numerous problems on their mortgage with another lender. I had explained to my superiors that the value of the property exceeded the original note amount and suggested that the Bank secure a loan encompassing our note along with the first, to no avail. I felt this made very good business sense, especially since the Nickerson's were in the Private Client Services portfolio. This portfolio gave some advantages to customers who had large accounts with Wells Fargo, N.A. Mrs. Nickerson never asked the Bank to take her word on something - she provided proof. She is organized, resourceful, thoughtful and most importantly a mother trying to raise her family on the ranch they have worked so hard for.

I believe Donna Nickerson to be an exemplary human being.

Sincerely,
Heather Hummel






More testimony will be added to this page soon. It is time for Wells Fargo, HSBC, and their accomplices to answer for their abuse of our family along with all their other undeserving victims. America is a land of fair play, not a land to secure unjust gain. This is our home. We want to keep it. We have and have always had the wherewithal to keep it. We will fight to keep it.



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