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It Happened To Us
Even though...no right can arise from an illegal act.

What would you do if it happened to you?


IDAHO
Clearwater County has refused to return the property and personal belongings they unlawfully seized without warrant and outside the authority of the court. Rather, even though they committed the crimes against us, Clearwater County has directed us to the banks and their representatives for all relief and restitution. These entities and those working for them have refused and ignored our requests and demands to work with us in any way. Five moving vans of our personal property, that has nothing to do with any forecloure or judgement, has been moved three times, pillaged, maliciously handled, destructively stacked, piled and crammed into storage across the State line in Washington State. Our personal property was moved hours away over Thanksgiving week and haphazardly crammed into in non-climatized storage units, How would you feel if they did this to you? Other personal property remains at the ranch at risk and in peril of being lost, stolen, or further damaged. We have filed an Emergency Motion For A Permanent Injunction with the Idaho Supreme Court. You can read through this document by using the scroll bar inside the text box. More on this will be added soon.


Emergency Motion For Permanent Injunction
Filed with District Court December 2019

Comes now, Appellants Charles and Donna Nickerson inform this court extreme miscarriages of justice have occurred and are occurring in Clearwater County, Idaho. We move this court to acknowledge illegalities and extreme miscarriages of justice surrounding the forceful dispossession of our property occurred outside the authority of the Court and in violation of common, state, federal, and international laws and regulations; the Idaho Constitution; and the United States Constitution. We further move this Court to immediately restore our possessions and permanently enjoin PHH Mortgage Services from assigning, selling, or otherwise transferring their alleged ownership interest in our property commonly known as REDACTED, Orofino, ID 83544. Additionally, we move this court to permanently enjoin Respondent from removing anything further from our property or altering, changing, repairing, or replacing anything on the property including in response to the damages caused by their armed raid on our private property and the subsequent inhabitation of their armed guards. No personal belongings have been awarded in any of the summary judgments rendered. No trial by jury has occurred in this matter. An appeal of the summary judgment by appointed Judge Gregory FitzMaurice is properly in effect. It is our understanding and belief a buyer for the property has approached PHH Mortgage Services and/or JPMorgan Chase Bank, N.A. Thus, we move the Court to take immediate and emergency action. Numerous irreversible changes and alterations have been and are being made to our property. The damages and injuries are incurring and accruing exponentially. All delays will result in the total loss of our rose hip harvest and deny the viability of future harvests; whereas, immediate action might allow preservation of years of organic agricultural efforts. Additionally, costly and irreparable damage to our 2020 organic harvests and winter damage to active ranch projects are accruing. We have already suffered significant livestock and agricultural loss; costly and irreparable damage has been and is being done to the dwellings, property, and our persons which may be irreversible if ignored; our livelihood, God-given Constitutionally guaranteed freedoms, safety, and security are being unlawfully threatened and revoked; and we are being illegally blocked and prevented from retrieving irreplaceable personal belongings that remain on the property. Emergency action is required to ensure the safety, security, and welfare of our ranch and personal belongings are not put at further risk or jeopardy. Further, despite our objections, no restoration efforts were initiated to minimize water and other damages caused by the invasion on November 12, 2019. Sheriff Chris Goetz has shifted all responsibility to the property management group and the bank. Neither have communicated to us, responded to our demands, or made efforts to facilitate the restitution of our property and personal belongings.
Ejectment based on the unlawful and unenforceable sale is under appeal and it is unjust and prejudicial to allow accruing damages and injuries to occur prior to a final determination. Many personal belongings of intrinsic and sentimental value were not removed from the property as instructed in the alleged writ. Sheriff Goetz and those acting on behalf of the bank selectively seized property, and have subsequently, negligently and unlawfully denied us opportunity to retrieve items left behind. The personal property seized on November 12 was not on the ranch on the day of the alleged sale and the banks and the Sheriff acted maliciously and without authority in seizing this property. The alleged writ required he serve us notice to cause us to remove our goods and chattels as a condition precedent to any authorization for him to remove it. Much of the property seized was not even owned by us on the day of the alleged sale. It was only at the property on November 12, 2019, because we were in rightful possession with no knowledge of any demands for us to leave and had not been lawfully informed that our possession was at risk or jeopardy. Additionally, personal property of friends and neighbors were unlawfully seized in the raid. Despite our lawful demands that our property and belongings be returned to us, we have been denied access to our property and personal belongings to satisfy our concerns about their condition or security. Some items expose high risks and liability. Sheriff Chris Goetz provided personal assurances and promises as a Sheriff and alleged friend that no eviction or ejectment actions had been initiated.  While working in his official capacity, he explained no such action could occur without his involvement and told us we would have at least three or four weeks to remove our personal belongings or seek a stay of any eviction or ejectment actions should such an action be initiated. These promises and assurances persuaded us to return personal items to the ranch to help allay and mitigate some of the damages and injuries being suffered by our family and friends in this wrongful foreclosure.
The wrongful and fraudulent foreclosure actions against us and our property have been going on for nearly ten years. On the morning of November 12, 2019, we were in rightful possession of our property. No prejudice to PHH Mortgage Services to wait to take possession until the appeal process has run its lawful course exists. A final determination has not yet been rendered in this ejectment action, and our rights to due process and judicial relief, including but not limited to conducting discovery, having our case heard in a trial by jury, and moving a superior court to grant relief, have not been exhausted. Depriving us of our right to a trial by jury violates both the Idaho and United States Constitutions and must not be permitted by this court.
We did not willingly vacate, abandon, or fail to preserve the possession of our ranch. We were compelled to leave by the luring of the local Sheriff to meet with him at his office at a time inconvenient to us. He set up a trap and deployed an entrapment strategy to nullify our rights to possession and stand our ground against the unlawful seizure of our property. His actions threatened our family and concerned Americans with injury; death; arrest based on charges of obstruction of justice (injustice in this case), trespass violations, or other such charges, if we attempted to defend our private property and personal belongings. Forcibly dispossessing us of our property, and personal belongings, especially in winter and without notice or service or authority, is a violation of our Constitutional rights, and is causing extreme, significant, and substantial damages, injuries, and prejudice. PHH’s continued threats and destructive actions against us and the property are causing irreparable harm to us and our personal and real property and will cause harm and liability to third parties that purchase or are assigned the property and third parties that continue to act on behalf of PHH Mortgage Services and JPMorgan Chase Bank, N.A., against us and our personal and real property. No prejudice to PHH Mortgage exists. Our vested interests protect any alleged interests they might acquire and our demonstrated efforts to care for the property dispel any risk. Since November 12, those who invaded our property and the armed guards who have maintained control of it have utilized our resources, severely damaged the property, and destroyed the peace and tranquility of the neighborhood with what they did. Allowing PHH to maintain a continued presence on the property and permit their reckless allowance of others to enter and exit with our personal belongings on the property is prejudicing and injuring our property, our persons, and our peace of mind. It is unjust, unAmerican, unConstitutional, and unlawful, especially when a final determination has not been rendered, for those who have never planted one tree on the property, put in one t-post, built one building, or in any way worked or invested in the property, to be allowed access, while we are forcibly prevented access. Yet, a corporation has used the police powers of the State of Idaho to forcibly dispossess us of our private property in violation of the Constitution. Slanderous lies and misrepresentations have been told about us and the facts surrounding this action by public officials acting as triers of fact and self-proclaimed jurors in a public mob and social media style trial. Staged public announcements have attempted to generate distrust in us, our legal standing, and the truths surrounding this matter. Extreme miscarriages of justice and violations of our Constitutional rights are occurring.

On Tuesday, November 12, 2019, we were unlawfully detained and restrained from returning to our property by Clearwater County Sheriff Chris Goetz while his deputies, Idaho State Police and other unknown armed men stormed our ranch unlawfully with assault rifles drawn and other tactical gear allegedly to execute a writ of ejectment. As a part of this armed raid they removed our personal property insured for over $300,000 (five moving trucks and an estimated 20,000 to 25,000 pounds worth of property) in cold, freezing rainy weather. At the time of this armed assault, Sheriff Goetz told us the personal property was being seized and would be levied upon to pay for the expenses of his little war game. Our personal belongings were transported to a storage facility approximately two hours away (around 80 – 90 miles of hilly, icy, and river roads.) On Thursday, November 14, we were told PHH Mortgage Services determined they did not want our personal property after all and would be returning it to us after they finished going through it a second time. Originally, they offered to transport the property to a location of our choice. After numerous changes, unlawful threats, movie quality intimidation drama moments, and contradictory offers, keys to two different storage units outside of Idaho, and in the State of Washington, were provided to us on November 27, 2019, the afternoon before Thanksgiving.  However, temperatures in the teens, icy roads, and the malicious and precarious handling and storage of our personal belongings increased damages and created impossibilities for any reasonable access or opportunity to safely or properly retrieve, inventory, or examine our personal property for damage, theft, tampering, and loss. At the raid, we were told an inventory video was being created as our property was loaded into the moving trucks. A second inventory and handling of our personal belongings then allegedly occurred from Wednesday to Friday. Neither the original video or subsequent inventory have been provided to us. A property preservation representative who stated his company was hired by JPMorgan Chase Bank, N.A. to remove us from our property, informed us on Friday, November 15, 2019, we would not be allowed to retrieve the remaining personal property or get the personal property that had been stolen and placed into storage because we did not meet his 0% “expletive” level. This contradicted Sheriff Goetz’s claims and the subsequent public relations hide-the-damage control letter received from the Clearwater County Prosecutor. The November 12 armed invasion of our ranch was unlawful, in violation of the United States and Idaho Constitutions. It was executed without prior notice or opportunity to remove our personal belongings. No writ was served prior to the Sheriff’s militaristic actions. The alleged writ specifically instructed the Sheriff to cause us to remove our goods and chattels and only permitted him to remove them if we did not remove them ourselves. The Sheriff refused to move or allow us to move our property to a safe storage facility at our neighbor’s property. Instead, our personal belongings were loaded in wintry weather conditions and transported across county lines over two hours away, allegedly handled for a second inventory without explanation or viable reason, then handled and moved a third time across state lines, and outside the jurisdiction of the State of Idaho.
A stay pending appeal was not in effect due to Sheriff Chis Goetz guarantee no ejectment or eviction initiatives were in place or could occur without his knowledge and involvement. He promised, assured us, and provided his word, we would be informed immediately should any eviction or ejectment actions be initiated, and that we would have 3-4 weeks, at a bare minimum, to file for a stay, remove our personal belongings, or make other arrangements. The Sheriff was duly informed we were moving personal belongings back into the ranch based on his representations we were rightfully in possession and that no risk or jeopardy for us or our property were currently in effect. If we had been properly served, our personal belongings would have been immediately removed and secured.
On appeal is the illegality and fraud surrounding the foreclosure sale itself and the fraud surrounding PHH Mortgage Services alleged ownership of the property. An ejectment action requires ownership to be firmly proven. If successful on appeal, the ownership of the property will return to us as we are the only lawful and rightful owners of this property based on our Warranty Deed that was executed and recorded in the county records in 2002. This Warranty Deed is foundational and is prior in time, superior in right, and paramount in importance to all subsequent ownership claims. A preponderance of evidence demonstrates PHH does not, and has never had, any lawful interest in our property, and their claims are rooted in fraud, racketeering, collusion, religious persecution, and other such criminal acts.
Wherefore, we move this Court enjoin PHH Mortgage Services from assigning, selling or otherwise transferring PHH’s judicially granted interest in our property and from removing, repairing or altering the property in any way; and to immediately vacate the property and cease and desist from preventing us from re-entering it. We also move this Court for full, comprehensive, and immediate restitution of our real and personal property.

BRIEF

An appeal is in process challenging the foreclosure sale itself and it would be premature and prejudicial to us to allow PHH Mortgage Services to sell the property or otherwise permit other third parties to obtain any or all interest in the property. The foreclosure sale of our property was illegal and reversible for the following reasons, among others, and in accordance with Idaho Code and case law.

1. The Notice of Levy and Foreclosure sale were executed after the writ of execution expired according to Idaho law.

Idaho Code § 11-103. Time When Returnable.
(a) Except as provided in subsection (b) of this section, the execution may be made returnable at any time not less than ten (10) nor more than sixty (60) days after its receipt by the sheriff, to the clerk with whom the judgment roll is filed.

The writ was issued on April 25, 2017, which means it was to be returned by June 24, 2017. The Notice of Levy was issued on July 11, 2017, and the actual foreclosure sale occurred on August 28, 2017. Both the Notice of Levy and Foreclosure sale were performed outside of the authority of the writ of execution and Idaho law.

2. The writ of execution violated Idaho Code.

Idaho Code § 11-102. Form Of Writ.
The writ of execution must be issued in the name of the people, sealed with the seal of the court, and subscribed by the clerk, and be directed to the sheriff, and it must intelligently refer to the judgment, stating the court, the county where the judgment roll is filed…

The writ was not sealed with the seal of the court, subscribed by the clerk, issued in the name of the people, and referenced a void judgment, among other issues.

3. The conduct of sale violated Idaho execution statues.

Idaho Code § 11-304. Conduct of Sale.
All sales of property under execution must be made at auction, to the highest bidder. After sufficient property has been sold to satisfy the execution, no more can be sold… and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately, or when a portion of such real property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. The judgment debtor, if present at the sa