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Montana

Gold and Silver
Quick Facts
 
Capital: Helena
 
Area: 147,138 square miles
 
Ranks 4th in size
 
Nickname: Treasure State
 
State Slogan: Big Sky Country
 
Admission Date: 1889
 
State Flower: Bitterroot
 
State Bird: Western Meadowlark
 
Did you know?
  • The official animal of Montana is the grizzly bear.
     
  • In 1917, the first woman elected to the United States Congress was Jeanette Rankin from Montana.
     
  • Montana is the Spanish word for mountain.
     
  • Montana has over 100 ghost towns.
     
  • There is a rodeo held in almost every town in Montana, and there are more dude ranches in Montana than any other state.
     
  • Montana is the 4th largest State.
     
  • Montana has over 50 mountain ranges.
     
  • Three of the five entrances to Yellowstone National Park are in Montana.

In 1889, Montana became the 41st State to be admitted into the United States of America. Below are excerpts of the Montana Constitution followed by what has and is happening in Montana.


The Constitution of Montana
We the people of Montana grateful to God for the quiet beauty of our state, the grandeur of our mountains, the vastness of our rolling plains, and desiring to improve the quality of life, equality of opportunity and to secure the blessings of liberty for this and future generations do ordain and establish this constitution.
Preamble

All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.
Article 2, Section 3

The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
Article 2, Section 5

Courts of justice shall be open to every person, and speedy remedy afforded for every injury of person, property, or character. No person shall be deprived of this full legal redress for injury incurred in employment for which another person may be liable except as to fellow employees and his immediate employer who hired him if such immediate employer provides coverage under the Workmen’s Compensation Laws of this state. Right and justice shall be administered without sale, denial, or delay.
Article 2, Section 16

No person shall be deprived of life, liberty, or property without due process of law.
Article 2, Section 17

The right of trial by jury is secured to all and shall remain inviolate. But upon default of appearance or by consent of the parties expressed in such manner as the law may provide, all cases may be tried without a jury or before fewer than the number of jurors provided by law. In all civil actions, two-thirds of the jury may render a verdict, and a verdict so rendered shall have the same force and effect as if all had concurred therein. In all criminal actions, the verdict shall be unanimous.
Article 2, Section 26


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It is happening in Montana
It is happening to us in Montana


Our home and family ranch is in Montana. As we have stated elsewhere, this battle to save our ranches and entire financial portfolio began in Idaho, then expanded to include our Montana home and entire financial portfolio. The two ranches were completely separate, financed separately, and there were no judgments or other lawful basis to allow the banks to reach for our assets in Montana. No financial connections whatsoever existed. These banksters and mortgage robbers were just punishing us for fighting back and not giving in to their blackmail demands. Is it really okay for these mortgage terrorists to cross state lines and stalk innocent Americans to force them to submit to their oppression, tyranny, and corruption? What if Americans had not fought back to protect and preserve our homeland in the past? Would we be free today? If we do not fight back today, will America be free tomorrow? Wake up, Montana, or this land will not be your land, or our land, anymore.





Are REMIC Trusts Foreclosing Illegally In Montana? Something Smells Rotten In "Big Sky" Country!
For the past several months I have been investigating non-judicial foreclosures by REMIC trusts in the State of Montana. What I have uncovered is astounding! It appears that most if not all of these REMIC trusts created by Wall Street have been operating illegally within the State of Montana and foreclosing on homes having violated numerous Montana laws....
“The court ruled that the Trusts were invalid because they were business trusts which had failed to comply with the requirements of § 35-5-201, MCA, and had unlawfully conducted business in the state. The court held that the Trusts were invalid and the transfers to them void, denying Defendants a grace period to apply for a license.”....“It appears that these trusts have engaged in all of these activities in one way or another, and that being the case, they have illegally conducted business in the state....


The answer is an emphatic yes. Wells Fargo Bank N.A. assigned our property into a closed trust in 2010 and again in 2012. Both assignments are unlawful. The 2012 assignment assigns the mortgage without the note which makes it a nullity in Montana. Assigning the property into a closed trust destroys the REMIC status of the trust. No one can assign the same thing twice. HSBC was not registered with the State of Montana when they filed for foreclosure against our property. HSBC has never signed or verified the Complaint or any evidence in the Complaint. HSBC claimed we did not pay our March 1 payment as proof of default. We provided a payment receipt for our March 1 payment. HSBC never sent us a default letter or provided us with opportunity to cure. The Note provided to prove ownership shows the Note endorsed to Wells Fargo Bank, not HSBC. The list goes on. Judge Mike Menahan of the First District Court rubberstamped HSBC's Complaint and has ordered HSBC can foreclose on our ranch. We committed no act or inaction to cause, warrant or justify our home being taken from us. We are fighting back and will continue to fight back until our home is safe, our name is cleared, and these banksters are held comprehensively accountable for what they have done to us. We agree with this author that there is something very smelly going on in Big Sky Country. It is called corruption. Montanans need to get involved and find out why all their elected officials (in Montana and Washington D.C.) are doing nothing to stop it.
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Source: http://bpinvestigativeagency.com/are-remic-trusts-foreclosing-illegally-in-montana-something-smells-rotten-in-big-sky-country
Posted by Trooper, April 30, 2015



B. By law, HSBC does not have beneficial interest and cannot own or be granted the Nickersons property.

HSBC claims to own and have beneficial interest in the Nickersons’ note and mortgage based upon two assignments of record. However, as the Nickersons have demonstrated from the beginning and throughout these proceedings both assignments are illegal, invalid, void and fail to give HSBC standing to pursue this complaint.

1. The assignment dated April 10,2010, is invalid and void because, among other reasons:
a) Wells Fargo claimed it was still the owner and holder of the note and mortgage in May 2010.
b) HSBC did not notify the Nickersons they were their new creditor as required by federal law – 15 U.S.C. 1641(g).
c) Wells Fargo portrayed it was still the owner and holder of the note in the alleged notice letter of May 2012.
d) It was not accompanied by an affidavit as required by MCA § 31-2-210(3).
e)  It is a false record of the events it attests to have occurred and the recording of it constitutes a felony offense. Montana Penal Code, Part I, Title VII, Chapter 4, Section 232.
f) It was robo-signed by Jeff Stenman. See Nickersons’ Brief in Support of Summary Judgment.
g) It was fraudulently notarized. The document was executed on April 10, 2010, and notarized on April 12, 2010. A notary cannot witness a signature that occurred in the past. See Nickersons’ Brief in Support of Summary Judgment.

2. The assignment dated August 22, 2012, is invalid and void among other reasons because:
a) It is attempting to assign the same mortgage that was allegedly already assigned which constitutes a false record of assignment making the recording of it a felony offense. Montana Penal Code, Part I, Title VII, Chapter 4, Section 232.
b) HSBC did not notify the Nickersons they were allegedly their new creditor as required by federal law – 15 U.S.C. 1641(g).
c) It only assigns the mortgage which is a nullity according to Montana law. A mortgage is only a security and independent of the debt has no assignable quality. Therefore, an assignment of the mortgage alone is a nullity and confers no right whatever upon the assignee. First Nat'l Bank of Saco v. Vagg, 65 M 34, 212 P 509 (1922).
d) It was not accompanied by an affidavit as required by MCA § 31-2-210(3).
e) It was robo-signed by Carla Naughton. See Nickersons’ Brief in Support of Summary Judgment.
f) It violates the Montana Mortgage Act. MCA § 32-9-124. Prohibitions -- required disclosure. “(1) A mortgage broker, mortgage lender, mortgage servicer, or mortgage loan originator may not do any of the following: (b) directly or indirectly employ any scheme to defraud or mislead a borrower, a mortgage broker, a mortgage lender, a mortgage servicer, or any other person”. Recording this second assignment directly employs a scheme to defraud or mislead the Nickersons and the world at large.

In addition, HSBC has no rights to the Nickerson property because the foreign business trust it is the alleged trustee of is not registered with the Secretary of State to do business in Montana as required by MCA Title 35 Chapter 5 Business Trust. HSBC has not provided any laws, legal precedents, statutes, etc. to refute this fact. Rather, HSBC has meritoriously failed to meet the requirements established by Montana law to conduct business in Montana or own property in Montana – MCA § 35-5. HSBC's alleged trust is not registered to do business in Montana, and according to Montana law, any claims against the Nickersons or their property are void and HSBC cannot foreclose. Therefore, since the assignments are void the business trust is not registered in Montana, HSBC has no claim against the Nickersons or their property and HSBC’s complaint must be dismissed with prejudice. Further, this Court must, in the interest of justice, hold HSBC accountable for the fraud committed against this Court and their abuse of the Nickersons.
Nickerson Reply Brief in Support of Motion for Stay Pending Appeal, pg. 3-5
 

Montanans share in mortgage fraud settlement
Montana will receive $20.4 million of the $26 billion nationwide settlement against five of the largest U.S. banks for breaking federal and state mortgage lending laws....
“This settlement puts in place new, national protections for homeowners from the abuses of these banks, while also providing direct assistance to those struggling to stay in their homes and those who have already lost their homes,” he said. The agreement was reached with Wells Fargo & Co., Bank of America Corp., J.P. Morgan Chase & Co., Citigroup Inc., and Ally Financial Inc., formerly GMAC....


Governor Bullock knows our story, but he and his administration have been unwilling to stop the abuse being perpetrated against us. His office communicated no one in Montana is willing to stand up to Wells Fargo. Governor Bullock was Attorney General of Montana when this settlement was agreed to in 2012.
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Tags: Montana
Source: http://billingsgazette.com/news/local/montanans-share-in-mortgage-fraud-settlement/article_92c62916-3a2b-5c6f-bddb-1072368e6642.html
Jan Falstad, February 9, 2012

 
Excerpt from Nickerson Response in Opposition to Motion to Quash, pg. 7:

On February 9, 2012, the Montana Attorney General's Office joined a landmark agreement with the nation's five largest mortgage servicers that provides help for struggling homeowners and requires national standards to protect consumers from the  abuses of these five large banks. The settlement stems from a national investigation of the five biggest banks and the discovery that these institutions routinely violated state and federal laws by signing foreclosure documents outside the presence of a notary public - a practice commonly called "robo-signing" - and without knowing if the facts contained in the documents were even correct.
Keep My Montana Home - Montana Department of Justice - https://dojmt.gov/consumer/foreclosure/

Servicing reforms are a requirement of the settlement agreement and are intended to implement real reforms in the mortgage servicing industry to end sloppy and fraudulent business practices...and provide new standards for communicating with borrowers and other loss mitigation activities. Center for Responsible Lending - Summary of National Mortgage Settlement 3-12-12.pdf § I. Servicing Reforms. One of the key servicing provisions that has been violated in this case is:

Single Point of Contact (SPOC): Bank/servicer to establish a SPOC for communicating with the borrower. The SPOC will be expected to explain available options to borrowers, coordinate documents, inform borrower of status, ensure borrower is considered for all options and have access to those with ability to stop foreclosure proceedings). Id.

It is time for Montanans to put the Bullock on the altar of accountability to find out why he entered into this agreement if he did not intend to ensure it was upheld.
 

Six Helena Women File federal court lawsuit against Wells Fargo
Georgia Arnold called her company's ethics tip line anonymously in 2008 to report that she thought her supervisor at a Wells Fargo branch in Helena wasn't following appropriate banking standards in regards to debit cards....A month later, she says, that anonymous tip got not only Arnold fired, but also five of her co-workers..."...Wells Fargo simply interrogated them, treated them like criminals, and terminated them,"....

The Wells Fargo bogus account scandal that has rocked the nation and banking industry was reported by six employees in Helena, Montana. The women who called the ethics line and questioned orders were fired. Our loan on the Montana ranch originated at the Wells Fargo Helena Branch. Thought we would let you read the story for yourself…
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Source: http://billingsgazette.com/news/state-and-regional/montana/six-helena-women-file-federal-court-lawsuit-against-wells-fargo/article_9a231ccc-7ca7-11de-be1f-001cc4
Article by Billings Gazette News Service, July 29, 2009

 

Former Loan Officer Convicted of Fraud and Identity Theft Related to Mortgage Fraud Scheme
LAS VEGAS—Following a six-day jury trial, Nicholas Lindsey, 40, of, Billings, Montana, was convicted today of nine counts of wire fraud and one count of aggravated identity theft for his role in a mortgage fraud scheme, announced Daniel G. Bogden, United States Attorney for the District of Nevada.
“Many innocent homeowners in Nevada have suffered because of this type of crime involving fraudulent residential mortgage transactions,” said U.S. Attorney Bogden. “Since 2008, when the FBI and our office made mortgage fraud prosecutions a priority, we have investigated, charged, and convicted hundreds of persons for federal mortgage fraud crimes, and most of them are now serving time in federal prison.”....

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Source: https://archives.fbi.gov/archives/lasvegas/press-releases/2013/former-loan-officer-convicted-of-fraud-and-identity-theft-related-to-mortgage-fraud-scheme
Article by U.S. Attorney's Office, April 10, 2013


Former Loan Officer Sentenced to 11 Years in Prison in Mortgage Fraud Scheme
A Billings, Montana man who worked as a loan officer in Las Vegas during 2006 and 2007 was sentenced today to 11 years in prison and five years of supervised release and was ordered to pay over $2.2 million in restitution for his fraud and identity theft convictions related to a mortgage fraud scheme,....
Lindsey, who worked as a loan officer for Clear Mortgage and Signature Mortgage, recruited straw buyers to participate in what he described as a lucrative real estate investment opportunity....
At sentencing, the court also found that Lindsey used his position as a loan officer to commit fraud in relation to five additional properties, causing additional losses of $703,005 for a total loss of approximately $2.3 million....


When you are a victim, promises of what is going to be done makes you question what has been done. What happened in the 2,900 mortgage fraud cases investigated by Obama’s Task Force? Did any actually result in charges being filed? Have those been overturned? Were there any fines levied? Were the fines legitimately calculated or grotesquely reduced? In the scope of reality, which is where true victims are forced to live, did anything happen to these criminals or are these taskforce promises nothing more than media promotions to make all of us believe someone has our back?
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Source: https://archives.fbi.gov/archives/lasvagas/press-releases/2013/former-loan-officer-sentenced-to-11-years-in-prison-in-mortgage-fraud-scheme
Article by U.S. Attorney's Office, December 19, 2013

 

FRAUD WARNING:
Mortgage Fraud Scammers, don’t steal. The bank hates competition and the watchdogs like to bite the little guys.
 

Officials Cover Up Housing Bubble's Scummy Residue: Fraudulent Foreclosure Documents
EVERY DAY IN AMERICA, mortgage companies attempt to foreclose on homeowners using false documents....lenders foreclosing on properties needed paperwork to prove their standing, but didn’t have it — leading mortgage industry employees to forge, fabricate and backdate millions of mortgage documents....In two separate cases, activists have charged that officials and courts are hiding evidence of mortgage document irregularities that, if verified, could stop thousands of foreclosures in their tracks. Officials have delayed disclosure of this evidence, the activists believe, because it would be too messy, and it's easier to bottle up the evidence than deal with the repercussions. Bill Paatalo, a private investigator and one of the activists states, All they're doing is making a mockery of our judicial system...It appears the judges don't want to enforce the law....evidence of fraudulent activity harming homeowners has either been suppressed or not acted upon. Refusing to investigate illegal actions is an effective way of remaining in denial. But refusing to release the contents of those investigations, or refusing to rule on cases where the illegal actions have already been proven, really takes denial to the extreme.

We agree. Proof of fraudulent foreclosure documents are in District Court Judge Mike Menahan's chambers and in the chambers of the Montana Supreme Court, but summary judgment has still been granted against our property. Multiple violations exist. Attorney General Tim Fox and Governor Bullock know our story. Others do as well - Banking Commissioner, State Auditor, Consumer Protection, Secretary of State, all Montana (150) and United States (535) Legislators, Sheriff, many others. All know our story, but no one has stepped up to stop our victimization.

Everyone claims they are sorry this is happening to us, but tell us there is nothing they can do to help. Governor Bullock's office told us, No one in Montana is going to stand up to Wells Fargo. What we have been through is inconceivable! Truth, justice and the law are all on our side. We still have possession of our home and are fighting to keep it from being unlawfully seized. We have travelled to Washington D.C. to compel Washington D.C. to stand up to the banksters. We are looking for someone to stand in the gap and help us save our home. Please stand with us. Help us save our home and other Montana homes from wrongful foreclosure. America will never be great again unless all of us unite and stand against this corruption. Benjamin Franklin once said, We must all hang together or we will most assuredly hang separately.
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Source: https://theintercept.com/2015/09/14/officials-cover-housing-bubbles-scummy-residue-fraudulent-foreclosure-document/
Article by David Dayen, September 14, 2015

 

Montana Couple Takes on Bank of America
Heenan said a key factor in the case is that Abraham Morrow is a retired accountant and small-business owner who kept meticulous notes of every conversation he had with Bank of America representatives....If Morrow’s custom of taking good notes proved vital, Heenan said, it also illustrated how devious loanservicing fraud can be. “If people like that can be tricked, imagine everyone else,” he said....
The high court reversed the summary judgment on the negligence claim, saying the bank had a duty to process the Morrows’ application promptly “and give them accurate information.” As for an oral agreement vs. one in writing, the high court ruled that “the rule requiring written contracts in certain cases ... exists to prevent fraud and should not be used as a defense by those who have allegedly committed fraud.”....
Heenan said banks traditionally lent money to consumers and did all they could to keep them in their homes because they had “skin in the game.” But when banks took to managing loans for investors and had nothing to lose, the traditional relationship was turned on its head. Also, Heenan said, while the banks received only a tiny portion of monthly mortgage payments, once a foreclosure was set in motion there were all sorts of special fees to be collected by the banks. Foreclosures, Heenan said, turned into “virtual cash cows.” “In a perverse way, the loan servicers would rather see the homeowner in perpetual default,”
....Because the Morrow case apparently is the first one that has been ruled on by a state supreme court, Heenan said, “this is a really big case nationally.”....

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Source: https://www.counterpunch.org/2014/05/21/fraud-and-foreclosure/
Article by Ed Kemmick, May 21, 2014

 

Montana Supreme Court Case Helps Homeowner
On May 7, the Montana Supreme Court reversed the District Court's order with respect to several of the homeowners’ claims, including actual fraud, constructive fraud, negligent misrepresentation, negligence, and violation of the Montana Consumer Protection Act. This means the Morrows can now take those claims to trial. The decision allows the Morrows a chance to have a jury decide their claims and opens the door to other homeowners with similar claims to try their cases. It also clarifies several aspects of Montana law about the standards mortgage servicers must meet, and will help to promote servicers’ compliance with those standards in the future....
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Source: https://www.mtlsa.org/2014/05/montana-supreme-court-case-helps-homeowners/
Article by mtlsa.org, May 20, 2014

 

Judge Upholds $5 Million Punitive Against US Bank for Fraud
Mcculley proved the Bank's actual fraud by clear and convincing evidence. Further, US Bank "blatantly misrepresented an important fact" in one of its briefs with this court...and "This egregious behavior by the Bank constitutes intentional deceit and supports the conclusion that the Bank's conduct was reprehensible.
Great job, Mcculley! Thank you, Judge Brown! We need more judges to stand up to the banksters like you just did.
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Source: http://stopforeclosurefraud.com/2014/04/14/judge-upholds-5-million-punitive-against-us-bank-for-fraud/
Article by DinSFLA, April 14, 2014

 

Daines Joins Bipartisan Group of Senators Urging Trump Administration to Quickly Nominate Watchdogs

U.S. Senator Steve Daines today joined a bipartisan group of his colleagues to urge President Donald J. Trump to quickly nominate qualified candidates for Inspectors General (IGs), who serve as watchdogs over federal agencies....Daines is a member of the U.S. Senate Committee on Homeland Security and Governmental Affairs Committee, which is responsible for oversight of all federal agencies. The work of Inspectors General has been essential for Committee investigations and oversight that targets waste, fraud, and abuse.....

For those of us who were victimized under the corruption free fall during the Obama administration, this letter to Donald Trump by twelve United States Senators provides answers to many questions of why the system procedurally failed to protect us. Oversight is a key component in ensuring equal access to justice for all. Failing to establish accountability systematically removes checks and balances and nullifies protection under the law.

We are thankful Senator Steve Daines signed this letter and is presenting he is against corruption. However, Senator Steve Daines knows our entire story, has for a long time, and has not acted to stop the fraud victimizing us.
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Source: https://www.daines.senate.gov/news/press-releases/daines-joins-bipartisan-group-of-senators-urging-trump-administration-to-quickly-nominate-watchdogs
Senate Press Release, April 18, 2017


OPEN LETTER TO SENATOR DAINES

Senator Steve Daines, use the platform you have been given and wield the authority vested in you justly and righteously. Years ago you asked our family to pray for you to have wisdom and boldness with tact. We have faithfully prayed for you and your family for years. Our family needs you to do your job and make sure the laws in place to save our home are upheld and enforced and that the proper government oversight is in place to protect Montanans and all Americans. Please remember why you went to Washington D.C. Please stand in the gap for truth, justice, and the American way. Please...do the right thing.

Because God has placed you in Washington D.C. for such a time as this,
The Nick and Donna Nickerson Family



Tester to Wells Fargo: Reverse Course and Put Your Money Where Your Mouth Is
Jon Tester is quoted in this articles as stating, Wells Fargo must be held fully accountable for their actions, I take Mr. Sloan at his word and Wells Fargo must reverse its course, stop denying folks the ability to seek justice, and drop their forced arbitration clauses in all class action lawsuits going forward in cases of fraudulent accounts.”

Wells Fargo has deceptively sued for foreclosure of our Montana Ranch under the name of HSBC Bank to avoid their agreements under the 2012 National Settlement Agreement. Wells Fargo unlawfully entered our loan into a closed Trust twice, prevented our performance, refused to provide our records and account notations, refused to allow bank employees to testify, refused to answer our Qualified Written Requests, refused to answer our subpoenas, and averted justice by using these and other abusive and bullying tactics. We are American citizens and Montana farmers and ranchers. We were born in America, our parents were born in America, and our grandparents were born in America. Our United States and Montana Constitutions grant us property rights. Our property rights are being stripped from us in violation of federal and Montana laws without cause or right and without due process. Senator Jon Tester and his staff know our entire story. The question Montanans need answered is whether or not Jon Tester is actually going to stand up to Wells Fargo and Mr. Sloan and hold them accountable to the law or was this just good publicity talking. We have travelled to Washington D.C. to ask Senator Jon Tester, Senator Steve Daines, and Representative Greg Gianforte to act on our behalf. This is not a partisan issue. This is an American issue. All Montanans need to watch to see what he, Senator Steve Daines and Representative Greg Gianforte do to help us. Having representation in Washington D.C. means having someone in D.C. that will actually be there for us, all Montanans, when representation is needed. In our case, laws have been broken, regulatory oversight has been thwarted, and the judicial system has systematically failed. Banksters are doing whatever they want in Montana and our state officials and authorities will not stand up to them. We have been told if the banks want a Montana property, they are just going to get it. Pray for these men to do the right thing and stand up for what is right or for God to remove them. It is time for Montana and all Americans to have true representation at our Capitol.

Deitrich Bonhoeffer once said, Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to not act is to act.

Please stand up before history repeats itself...in America.
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Tags: Montana
Source: https://www.tester.senate.gov/?p=press_release&id=5573
Senate Press Release, October 3, 2017

 

Tester, Fox Defend More Than 367,000 Montanans Impacted by Equifax Data Breach
Senator Jon Tester said, “We need to hold Equifax accountable for this data breach and find out just what they knew and when-if needed, heads should roll…”
Attorney General Tim Fox said "Equifax could have prevented the personal information of 143 million Americans, including more than 367,000 Montanans, from being breached by installing a security patch to its web application. That they did not is inexcusable, Montana consumers impacted by this massive data breach deserve answers and assistance moving forward."
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Source: https://www.tester.senate.gov/?p=press_release&id=5552
Senate Press Release, September 21, 2017


OPEN CALL TO ACTION TO JON TESTER AND TIM FOX

Both of you and your staffs know that Wells Fargo, HSBC and their accomplices are stealing our home without cause or right. You are aware these banksters have broken federal and Montana laws and that we have been victimized by fraud, regulatory failure and judicial tyranny. What are you doing about it?  Why aren’t you calling for their CEOs to answer for their actions?  Why aren’t their heads rolling? No more excuses. Do the right thing.

OPEN CALL TO ACTION TO ALL MONTANANS

We have been told no one in Montana is willing to stand up to Wells Fargo or the other national banks. We have personally visited with both these men and their staffs. They know our story. Sadly, they have done nothing to stop the abuse we are facing. Please call and email their offices and compel them to act. Please get involved and help us ensure the laws in place to protect all Montanans are enforced and upheld. We have committed no action or inaction to give cause or right for our home to be taken from us. If they can take our home from us in Montana, they can take yours from you in Montana…with Senator Jon Tester, Attorney General Tim Fox and all the other Montana authorities and officials watching and doing nothing to stop them.

 


Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.




And judgment is turned away backward, and justice standeth afar off: for truth is fallen in the street, and equity cannot enter. Yea, truth faileth: and he that departeth from evil maketh himself a prey. And the Lord saw it, and it displeased Him that there was no judgment. Isaiah 59:14,15
 

Morrow v. Bank of America

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Tags: Montana
Source: https://scholar.google.com/scholar_case?q=Morrow+v.+Bank+of+America&hl=en&as_sdt=6,45&case=15053831895487470070&scilh=0

 

Material Facts and the Court
"Rather the court examines the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits to determine whether there is a genuine issue as to any material fact relating to the legal issues raised and, if there is not, whether the moving party is entitled to judgment as a matter of law on the undisputed facts."
Anderson v. Schenk, 353 Mont. 424, 220 P.3d 675, 2009 M.T. 399 (2009)

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Source: Anderson v. Schenk, 353 Mont. 424, 220 P.3d 675, 2009 M.T. 399 (2009)

 

Effect of Fraud
“I assume that there is no authority that we are required to follow in support of the proposition that a party who has perpetrated a fraud upon his neighbor may, nevertheless, contract with him in the very instrument by means of which it was perpetrated, for immunity against its consequences, close his mouth from complaining of it and bind him never to seek redress. Public policy and morality are both ignored if such an agreement can be given effect in a court of justice. The maxim that fraud vitiates every transaction would no longer be the rule but the exception.”
Bails v. Gar, 171 Mont. 342, 558 P.2d 458 (1976)

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Source: Bails v. Gar, 171 Mont. 342, 558 P.2d 458 (1976)

 

Unfair Act or Practice
“…an unfair act or practice is one which offends established public policy and which is either immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.”
Rohrer v. Knudson, 349 Mont. 197, 203 P.3d 759, 2009 M.T. 35 (2009)

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Source: Rohrer v. Knudson, 349 Mont. 197, 203 P.3d 759, 2009 M.T. 35 (2009)

 

Rules of Contract
“it is well settled that ‘one cannot prevent performance of a contract and then avail oneself of its nonperformance.’” (citations omitted).
Smith v. Farmers Union Mut. Ins. Co., 2011 MT 216, 260 P.3d 163 (2011)

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Source: Smith v. Farmers Union Mut. Ins. Co., 2011 MT 216, 260 P.3d 163 (2011)

 

District Court and Summary Judgment
“[w]hen faced with cross-motions for summary judgment, a district court is not required to grant judgment as a matter of law for one side or the other… ‘Rather, the court must evaluate each party’s motion on its own merits, taking care in each instance to draw all reasonable inferences against the party whose motion is under consideration’.”

Hajenga v. Schwein, 2007 MT 80, ¶ 18, 336 Mont. 507, 155 P.3d 1241
(quoting Ike v. Jefferson Nat. Life Ins. Co., 267 Mont. 396, 399-400, 884 P.2d 471, 474 (1994))


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Source: Hajenga v. Schwein, 2007 MT 80, ¶ 18, 336 Mont. 507, 155 P.3d 1241
(quoting Ike v. Jefferson Nat. Life Ins. Co., 267 Mont. 396, 399-400, 884 P.2d 471, 474 (1994))

 

Case-or-Controversy Requirement and Injury
“Similarly, in Montana, to meet the constitutional case-or-controversy requirement, the plaintiff must clearly allege a past, present, or threatened injury to a property or civil right. (citations omitted). Furthermore, the injury must be one that would be alleviated by successfully maintaining the action.” (citations omitted).
Heffernan v. Missoula City Council, 2011 MT 91, 360 Mont. 207, 255 P. 3d 80 (2011)

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Source: Heffernan v. Missoula City Council, 2011 MT 91, 360 Mont. 207, 255 P. 3d 80 (2011)

 

Affidavits and Admissible Evidence
“¶ 30 Our past decisions have consistently applied the first admissibility requirement in Rule 56(e) that affidavits must be based upon "\’personal knowledge,’ defined as: ‘[k]nowledge gained through firsthand observation or experience, as distinguished from a belief based on what someone else has said.’ BLACK'S LAW DICTIONARY 877 (7th ed.1999). We have previously held that ‘an attorney's affidavit `is admissible only to prove facts that are within his personal knowledge and as to which he is competent to testify; an affidavit stating what the attorney believes or intends to prove at trial will be disregarded.' Morales v. Tuomi (1985), 214 Mont. 419, 424-25, 693 P.2d 532, 535 (quoting 10A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2738 (1983)). We have also held that it is appropriate for a district court to strike statements in affidavits made without personal knowledge and based upon hearsay evidence. Eberl v. Scofield (1990), 244 Mont. 515, 519, 798 P.2d 536, 538; see also Thornton v. Songstad (1994), 263 Mont. 390, 398, 868 P.2d 633, 638 (‘clearly hearsay’ statements are inadmissible for summary judgment proceedings).
¶ 31 We have extended the personal knowledge requirement to attached exhibits as well. Disler v. Ford Motor Credit Co., 2000 MT 304, 302 Mont. 391, 15 P.3d 864. In Disler, we considered whether the district court erred when it excluded three loan documents attached to a brief opposing summary judgment that did not include any supporting affidavit or sworn discovery response. We excluded the three documents because ‘without an affidavit or sworn discovery response of a Ford employee with personal knowledge of the genuineness, relevance and contents of the documents, the attachments to Ford's brief were little more than inadmissible hearsay.’ Disler, ¶ 11, (citing Eberl, 244 Mont. at 519, 798 P.2d at 538; Thornton, 263 Mont. at 398, 868 P.2d at 638).”
Hiebert v. Cascade County, 311 Mont. 471, 2002 M.T. 233, 56 P.3d 848 (2002)

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Source: Hiebert v. Cascade County, 311 Mont. 471, 2002 M.T. 233, 56 P.3d 848 (2002)

 

Judicial Admission Definition
“A judicial admission is ‘an express waiver made in court by a party or his attorney conceding the truth of an alleged fact.’ (citations omitted)… A judicial admission is not binding unless it is an unequivocal statement of fact. (citations omitted) Hence, ‘[f]or a judicial admission to be binding upon a party, the admission must be one of fact rather than a conclusion of law or the expression of an opinion’." (citations omitted)
In re Raymond W. George Trust, 1999 MT 223, 296 Mont. 56, 986 P.2d 427

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Source: In re Raymond W. George Trust, 1999 MT 223, 296 Mont. 56, 986 P.2d 427

 

Fraud Vitiates
“’fraud vitiates every transaction and all contracts.’ Bails v. Gar (1976), 171 Mont 342, 558 P.2d 458, 461.”
Jenkins v. Hillard, 199 Mont. 1, 647 P.2d 354 (1982)

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Source: Jenkins v. Hillard, 199 Mont. 1, 647 P.2d 354 (1982)

 

Fraud and Contracts
“…fraud vitiates the contract from its inception,”
Moschelle v. Hulse, 190 Mont. 532, 622 P.2d 155 (1980)

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Source: Moschelle v. Hulse, 190 Mont. 532, 622 P.2d 155 (1980)

 

Reversal of Summary Judgment
“Further, this Court has deemed Rule 59(g) an appropriate procedure under certain circumstances for seeking complete reversal of summary judgment…Recently, this Court set forth certain criteria for determining what grounds or issues a party may or may not raise pursuant to a Rule 59(g) motion to alter or amend. In Nelson v. Driscoll (1997), 285 Mont. 385, 948 P.2d 256, we identified four potential grounds: (1) to correct manifest errors of law or fact upon which the judgment was based; (2) to raise newly discovered or previously unavailable evidence; (3) to prevent manifest injustice resulting from, among other things, serious misconduct of counsel, or (4) to bring to the court’s attention an intervening change in controlling law.”
Lee v. USAA Cas. Ins. Co., 22 P.3d 631, 2001 M.T. 59 (2001)

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Source: Lee v. USAA Cas. Ins. Co., 22 P.3d 631, 2001 M.T. 59 (2001)

 

Elements of Standing
“At an ‘irreducible constitutional minimum,’ standing is comprised of three elements: an ‘injury in fact,’ or an actual or imminent invasion of a concrete and particularized legally-protected interest; a causal connection between the injury and conduct complained of; and the likelihood that the injury will be redressed by a favorable decision.”
Printz v. US, 854 F. Supp. 1503 (D. Mont. 1994)

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Source: Printz v. US, 854 F. Supp. 1503 (D. Mont. 1994)

 

Amendment and Justice
“While favored, amendment can be inappropriate when the party opposing the amendment would incur substantial prejudice as a result of the amendment. See Peuse, 275 Mont. at 227, 911 P.2d at 1156. In Peuse, the defendants sought leave to amend their answer after a motion for summary judgment was made and more than two years after the original pleadings were filed, to reflect claims of which they had knowledge much earlier. The analysis of whether justice requires leave to amend is essentially an equitable one, and the defendants in Peuse fell victim to the following maxim: Vigilantibus non dormientibus aequitas subvenit, or ‘equity aids the vigilant, not those who sleep on their rights.
In this case, Ranch Recovery sought leave to amend its counterclaim as soon as newly discovered evidence came to light. We conclude that the interests of justice and judicial efficiency favor the amendment of Ranch Recovery’s pleadings so that all claims arising from the same transaction may be resolved in the same action. This policy, which underlies the rules of civil procedure, outweighs any prejudice to the bank. Therefore, we conclude that the District Court abused its discretion when it failed to allow Ranch Recovery to amend its counterclaim.

The newly discovered evidence which Ranch Recovery has offered, and should have been allowed to present in support of an amended counterclaim, raises genuine issues of fact regarding First Security’s compliance with the standby agreement upon which it relies for foreclosure against Ranch Recovery’s interest and, therefore, we conclude that summary judgment was inappropriate.”
First Sec. Bank v. Ranch Recovery Ltd., 1999 M.T. 43 293 Mont. 363, 976 P.2d 956 (1999)

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Source: First Sec. Bank v. Ranch Recovery Ltd., 1999 M.T. 43 293 Mont. 363, 976 P.2d 956 (1999)

 

Matter of Law or Trier of Fact
“’Summary judgment is appropriate only when there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law’… A material fact is one that concerns the elements of the cause of action or defenses at issue to an extent that requires resolution of the issue by a trier of fact.”
Krajacich v. Great Falls Clinic, LLP, 2012 M.T. 82, 364 Mont. 455, 276 P.3d 922


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Source: Krajacich v. Great Falls Clinic, LLP, 2012 M.T. 82, 364 Mont. 455, 276 P.3d 922

 

Summary Judgment Should Never Take the Place of a Trial
“We review a district court’s grant of summary judgment de novo, applying the same criteria as the district court under M. R. Civ. P. 56(c).  Turner v. Wells Fargo Bank, N.A., 2012 MT 213, ¶ 11, 366 Mont. 285, 291 P.3d 1082.  Summary judgment is appropriate where no genuine issues of material fact exist and where the moving party is entitled to judgment as a matter of law.  Clark v. Eagle Sys., 279 Mont. 279, 283, 927 p. 2d 995, 997 (1996).  The moving party must establish there is no genuine factual issue which would entitle the non-moving party to recover. Clark, 279 Mont. at 283, 927 P.2d at 997.  If the moving party meets this burden, the non-moving party must then present evidence, in affidavits or other sworn testimony, demonstrating a genuine factual issue exists.  Yarbro, Ltd. v. Missoula Fed. Credit Union, 2002 MT 152, ¶¶ 9-10, 310 Mont. 346, 50 P.3d 158.  All reasonable inferences from the factual record must be drawn in favor of the non-moving party.  Clark, 279 Mont. at 284, 927 P.2d at 998. Summary judgment is an extreme remedy, which should never take the place of a trial.  Clark, 279 Mont. at 283, 927 P.2d at 997.”
Morrow v. Bank of America, 2014 MT 117, 375 Mont. 38, 324 P.3d 1167, (2014)

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Source: Morrow v. Bank of America, 2014 MT 117, 375 Mont. 38, 324 P.3d 1167, (2014)

 

Implied Contract
“The nature and extent of an implied covenant of good faith and fair dealing is measured in a particular contract by the justifiable expectations of the parties. Where one party acts arbitrarily, capriciously or unreasonably, that conduct exceeds the justifiable expectations of the second party. The second party then should be compensated for damages resulting from the other’s culpable conduct.”
Nicholson v. United Pacific Ins. Co., 219 Mont. 32, 18 Cal. 315, 710 P.2d 1342 (1985)

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Source: Nicholson v. United Pacific Ins. Co., 219 Mont. 32, 18 Cal. 315, 710 P.2d 1342 (1985)

 

Distress and Infliction of Distress
“The court concluded that serious mental distress could be found ‘where a reasonable man, normally constituted, would be unable to adequately cope with the mental stress engendered by the circumstances of the case.’

A cause of action for negligent infliction of emotional distress will arise under circumstances where serious or severe emotional distress to the plaintiff was the reasonably foreseeable consequence of the defendant’s negligent act or omission.

…intentional infliction of emotional distress will arise under circumstances where serious or severe emotional distress to the plaintiff was the reasonably foreseeable consequence of the defendant’s intentional act or omission.”
Sacco v. High Country Independent Press, 271 Mont. 209, 896 P.2d 411 (1995)

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Source: Sacco v. High Country Independent Press, 271 Mont. 209, 896 P.2d 411 (1995)

 

Summary Judgment is an Extreme Remedy

“Summary judgment is an extreme remedy which should not be substituted for trial if a material factual controversy exists.”
Seipel v. Olympic Coast Investments, 2008 M.T. 237, 344 Mont. 415, 188 P.3d 1027 (2008)

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Source: Seipel v. Olympic Coast Investments, 2008 M.T. 237, 344 Mont. 415, 188 P.3d 1027 (2008)

 

Contracts
“…it is well-settled that ‘one cannot prevent performance of a contract and then avail oneself of its nonperformance’.” (citations omitted).
Smith v. Farmers Union Mut. Ins. Co., 2011 MT 216, 260 P.3d 163 (2011)

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Source: Smith v. Farmers Union Mut. Ins. Co., 2011 MT 216, 260 P.3d 163 (2011)

 

Unconscionability

“Unconscionability requires a two-fold determination: that the contractual terms are unreasonably favorable to the drafter and that there is no meaningful choice on the part of the other party regarding acceptance of the provisions.”
Summers v. Crestview Apartments, 357 Mont. 123, 236 P.3d 586, 2010 MT 164 (2010)

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Source: Summers v. Crestview Apartments, 357 Mont. 123, 236 P.3d 586, 2010 MT 164 (2010)

 

Refusal of Leave to Amend
“Montana follows the general rule that leave to amend pleadings should be freely given when justice so requires (citation omitted). Refusal to permit an amendment offered at an opportune time and which should be made in the furtherance of justice is an abuse of discretion. (citation omitted)”
Village Bank v. Cloutier, 249 Mont. 25, 813 P.2d 971 (1991)

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Source: Village Bank v. Cloutier, 249 Mont. 25, 813 P.2d 971 (1991)

 

Help Needed In Montana
We need Montana judicial and non-judicial foreclosure cases. We are trying to expose the widespread mortgage fraud that is still going on. If you are a foreclosure victim or know someone who is, please send in your cases and your stories. The foreclosure crisis is not over in Montana. It is happening to us and it could happen to you. The national banks must stop abusing Montana homeowners with complete impunity. The laws are in place to protect Montana homeowners, but the laws are powerless to defend our property rights if the Court and governing agencies are afraid or unable to enforce them. The national banks must be evicted if they are unwilling to obey our Montana laws. The reign of terror by the national banks must end. No more silence. No more abuse.

We provided A Call To Action to every House Representative and Senator in Montana. 143 were personally delivered. Packets for 7 Representatives and Senators were delivered by Legislative Services. Our representatives all know what is happening to us. If it happened to us, it can happen to you and those in your community. We have a good group of Montana citizens representing us at the Capitol. Part of their responsibility is to ensure the laws are carried out as intended. Encourage them to use their platforms and authority to speak out and make a difference. Help us protect home ownership in Montana from unlawful seizure and wrongful foreclosure.