It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family. www.ithappenedtous.com
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It Happened To Us - The Nick and Donna Nickerson Family
 
It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family. www.ithappenedtous.com
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It Happened To Us
Do justly. Love mercy. Walk Humbly.
Legal Documents, Court Filings and Factual Evidence
Links to documents, court filings, and reports are posted below. More will be posted as time allows. Our legal notebooks with court filings, corruption documentation, and legal strategies were seized in the raid and we have been maintaining a vigil overlooking our Idaho Ministry Ranch, navigating criminal charges pressed against Jeannie Smith, trying to stop the wrongful foreclosure sale of our Montana home, and battling accessibility to law libraries and advocacy due to COVID19 shutdowns ever since.

Constitutional due process is being systematically and procedurally denied in Montana and Idaho. No jury trial has occurred. Prejudiced summary judgments in judicial foreclosures have been rendered without our knowledge or input and by denying equal access to justice. Affidavit evidence of prevention of performance, broken and forged chain of titles, admitted attorney negligence, and evidence that irrefutably certifies we have not committed any action or inaction to warrant or justify this attack on our family, property, or financial portfolio have been ignored and procedurally quashed. ALL summary judgments represent the extortion of high equity properties and targeted persecution for our Christian faith and differing worldviews. Legal professionals and public officials have refused to fight on our behalf out of admitted fear of reprisal from the big banks. Prejudice against us for appearing pro se and for not knowing the preferred legal minutia has silenced all truth, facts and evidence that irrefutably proves we did not default and we do not owe any lawful debt to the foreclosing entities. Grave miscarriages of justice are occurring

The law cannot be bent by favor, not broken by power, nor corrupted by money; for not only if it be overthrown, but even if it be neglected or carelessly preserved, there is nothing secure in what anyone may think he has, or will inherit from his father, or yet may leave to his children. -Cicero, Pro CAECINA 73



Idaho
The Battle Began In Idaho


Idaho Instruments

PHH was granted summary judgment to foreclose on our Idaho Ministry Ranch based on the tangled web of fraudulent assignments below. We are the only lawful owners of our ranch.
  • Lis Pendens
    Recorded August 29, 2018
  • Disputed 2017 Assignment from Chase to PHH
    Executed March 1, 2017
    Chase filed this assignment in the county records AFTER the 2012 and 2014 summary judgments. PHH did not own our ranch or have a right to refuse our payments in 2010 or foreclose in 2012 or 2014. The forged and fraudulent filings in the county records prevent PHH from claiming ownership today.

    Second Judicial District Judge Michael Griffin, Second Judicial District Court Judge Gregory FitzMaurice, and the Idaho Supreme Court acting as in their oversight capacity, neglected their sworn duties to ensure equal access to justice and uphold our rights to be safe and secure in our property. Acute regulatory failure and systemic corruption in Idaho is stealing our Idaho Ministry Ranch and giving it away.
  • Disputed 2010 Assignment from Chase to PHH
    Executed June 9, 2010
    Chase invalidated this assignment by repeatedly claiming ownership post this assignment. This assignment was forged to create a paper trail to support PHH's 2010 failed non-judicial foreclosure attempt.
  • Missing 2009 Assignment from Fannie Mae to Chase
    Executed December 3, 2009
    The transfer of ownership from Fannie Mae to Chase that occurred in 2009 invalidates the alleged 2007 assignment from Coldwell to Chase.
  • Disputed 2007 Assignment from Coldwell to Chase
    Executed November 20, 2007
    All facts, evidence, and testimony demonstrate this alleged assignment of ownership is fraudulent. This assignment corrupts the chain of title.
  • 2002 Assignment from Coldwell Banker to Fannie Mae
    Executed December 27, 2002
    The transfer of ownership from Coldwell Banker to Fannie Mae that occurred in 2002 invalidates the alleged 2007 assignment from Coldwell to Chase.
  • Warranty Deed
    Executed September 4, 2002
    We own our high equity property by Warranty Deed. Our Warranty Deed is paramount in title, prior in time, and superior in right. We have the wet ink deed in our possession. No bank has ever held ownership or title to our ranch and we have never encumbered more than 30 acres. Our affidavit testimony and documentation that demonstrates true ownership and challenges PHH's claims was ignored.

Nickerson Idaho Second Judicial District Court Filings
We filed the documents below in the Second Judicial District Court. They are listed most recent to oldest based on filing date.
Nickerson Idaho Supreme Court Filings
Below are documents we filed in the Idaho Supreme Court. Most recent to oldest.
Idaho Second Judicial District Court Filings

  • Writ of Ejectment
    Allegedly signed September 9, 2019
    This writ was never served or noticed and was wrongly executed on November 12, 2019. This writ instructed the Sheriff to allow us opportunity to remove our personal belongings from the property. If we failed to do so, he could remove them from the property and place them in safe storage. The Sheriff told us the morning of the raid all our personal belongings were seized and were now the property of the bank. Neighbors offered their property as safe storage, but the Sheriff refused. Per our understanding, this writ was expired when executed.
  • Writ of Ejectment - Retracted September 3, 2019
    Signed July 31, 2019
    Sheriff Chris Goetz informed us this writ had been retracted and promised to inform us if the bank initiated any further eviction or ejectment actions.
  • Summary Judgment Order - 2019
    Summary judgment for ejectment granted to PHH. Idaho does not have an ejectment action and common law requires ownership to be firmly established in an ejectment action. PHH claimed ownership solely based on the underlying foreclosure summary judgments. All assignments in and out of the county records contradict each other and establish a fatally broken chain of title. Chase filed an assignment in the county records in 2017 that "merely clarifies the land records to conform to what had already been decided through the underlying litigation." This filing corroborates the court's 2014 findings are in error. This 2019 judgment was rendered when ownership and other meritorious facts were in dispute and irrefutable evidence of fraud on the court was in the record. An appointed judge who had never been elected by the people acted as the trier of fact and granted summary judgment in favor of PHH. No jury trial or other lawful due process occurred.
  • Summary Judgment Order - 2014
    Foreclosure summary judgment granted to PHH. Clearwater County District Court Judge Michael Griffin refused to reconsider his judgments, grant us leave to amend, or allow us to expand the factual record of the case post the 2012 Summary Judgments. The fraudulent case narrative was oppressively controlled by the prejudiced judge to prevent it being overturned on appeal.
  • Summary Judgment Order - 2012
    Order granting Chase's Motion for Summary Judgment and PHH's Motion for Summary Judgment in Part. These summary judgments granted to JP Morgan Chase and PHH without our knowledge or input established the law of the case and struck all our counterclaims. These judgments that were not based on fact or law essentially created a fraudulent law of the case that could not be procedurally challenged or defended against in Clearwater County District Judge Michael Griffin's courtroom.
Idaho Supreme Court Opinions

  • Idaho Supreme Court Opinion
    Filed April 27, 2016
    The Idaho Supreme Court under Chief Justice Jones procedurally ignored contradictory statements of fact made by the District Court that corroborated our claims we did not default, we owe no debt to PHH, PHH has never had any lawful ownership or beneficial interest in our property, and this is irrefutably a fraudulent and wrongful foreclosure pursued to punish us for our faith and differing worldviews. The District Courts findings in its 2014 summary judgment contradict and refute its findings in its 2012 summary judgment. Though Clearwater County District Court Judge Michael Griffin must be called an adverse witness, he is one of the truth's strongest witnesses that the foreclosure of our Idaho Ministry Ranch is wrongful, rooted in fraud, and that the Idaho Supreme Court erred in refusing to consider our claims and affirming the District Court findings.
  • Idaho Supreme Court Opinion
    Filed August 1, 2018
    The Idaho Supreme Court under Chief Justice Burdick affirmed the Clearwater District Court per curiam, meaning the opinion was handed down without identifying the individual judge who wrote the opinion. Our claims on appeal were denied based on the fraudulent law of the case established with the 2012 and 2014 summary judgments. We had no knowledge, input or involvement in the 2012 summary judgment prior to it being rendered. This judgment empowered Judge Michael Griffin to tyrannically prevent us from expanding the factual record of the case and established the law of the case relied on in all further court decisions. The Idaho Supreme Court admitted the existence of factual disputes yet still affirmed the District Court's judgment and labeled our attempts to Constitutionally and contractually protect and preserve our property ownership and financial portfolio frivolous.

Idaho Facts, Evidence and Supporting Documents

  • 2018 QWR Response from Chase
    Dated May 21, 2018
    Chase claimed ownership of our loan in 2018 in this federally mandated response to our inquiry. Chase's response corroborates this entire foreclosure action is fraudulent, negates all assignments of record, voids all judgments in PHH's favor, nullifies the alleged sale of our property, and invalidates the subsequent Sheriff's Deed issued to PHH.
  • Aldridge Pite and PHH Demands For Possession and Our Response
    Dated September/October 2017
    Demands were withdrawn and we rightfully maintained possession.
  • Idaho Notary Department letter
    Dated October, 2014
    The 2014 summary judgment relied solely on an invalidly notarized affidavit by hired witness Ronald Casperite to establish default. Idaho law required affidavits used for summary judgment be based on personal knowledge. Mr. Casperite was not an employee of the bank. He was hired to fabricate an "illustrative loan history" to be used in litigation. Mr. Casperite had no personal knowledge of payments made or not made. The bank records provided by alleged Chase employee Brandie Watkins showed no debt was owed when the account was transferred to PHH.
  • John O'Brien Affidavit - Massachusetts Register of Deeds
    Executed October 2, 2014
    The 2010 assignment from Chase to PHH was signed by Kirsten Bailey, a known robosigner per the McDonnell Property Analytics Approved Robo-signers List. This assignment was relied on to establish chain of title for foreclosure and both summary judgments to PHH.
  • New Jersey Notary Department letter - James Zombeck
    Dated June 9, 2014
    The affidavit relied on to establish default was executed in New Jersey by PHH's hired robowitness Ronald Casperite. This affidavit is invalidly notarized and is therefore not a legal affidavit per New Jersey law.
  • 2014 QWR Response from Chase
    Dated January 10, 2014
    Chase claims ownership of our loan and thereby invalidates the 2010 assignment from Chase to PHH in this federally mandated response to our inquiry.
  • Fannie Mae Letter
    Dated May 2, 2013
    Fannie Mae corroborates Chase was the owner of our loan in 2009 and thereby nullifies the 2007 assignment from Coldwell Banker Mortgage to Chase relied on for the 2014 Summary Judgment.
  • Affidavit of Negligence by former attorney John Mitchell
    Executed September 28, 2014
    Summary judgments granted to PHH and JP Morgan Chase that struck our counterclaims and created a fraudulent law of the case occurred due to the admitted negligence and deception of our attorney.

    History - PHH falsely claimed ownership of our loan in February 2010, refused all further payments, and initiated a non-judicial foreclosure. When this failed, PHH pursued a judicial foreclosure. Attorneys Jason Rammell and Kipp Manwarring of Just Law in Idaho Falls, Idaho, represented PHH. PHH has never acquired lawful ownership of our property or any debt associated with it. Jon Stenquist of Moffat,Thomas, Barrett. Rock & Fields Chartered in Idaho Falls, Idaho, represented JP Morgan Chase. Chase was added as a necessary party at the insistence of PHH. Chase denied ownership to secure summary judgment, avert discovery, and prevent due process.

    “It is said that, where it appears that a judgment was taken against appellant through the negligence of an attorney who had been employed by such party, nothing is left to the discretion of the court, and the judgment must be set aside.” Pierce v. Vialpando, 78 Idaho 274, 301 P.2d 1099 (1956).
  • Chase Notice of New Creditor
    Transferred December 3, 2009
Idaho Legal Documentary Videos
The foreclosure of our Idaho Ministry Ranch is not warranted or justified. We did not default. PHH does not have any lawful ownership or right to foreclose.
  • We Did Not Default
    They defaulted and broke statutory, regulatory, and contractual laws, guidelines, and agreements. Idaho courts gave them the title to our ranch. They prevented performance and racketeered to commit fraud, deceit, and foreclosure terrorism. Idaho law enforcement raided our ranch, stole our property, violated our Constitutional and contractual rights, and gave our ranch to nationally branded criminals. Are we still in a free country or has America been foreclosed by the banks? Watch this video to see how even inaccurate account records demonstrate we made our payments, did not default, and do not owe a debt to PHH. The truth speaks for itself. What would you do if you made your payments and big banks and Idaho did this to you?
  • Contradictory Chain of Title Claims
    Is any home safe in Idaho? This video exposes acute regulatory failure, malicious litigation, and incompetent judicial officiating. PHH Mortgage does not own our loan or have any right, title, or standing whatsoever to foreclose on our Idaho Ranch. All factual evidence, in and out of the record, demonstrate PHH Mortgage, JPMorgan Chase, and their accomplices colluded to commit felony offenses by entering false and forged filings in the Clearwater County land records. PHH is not a secured creditor and what is happening is an unwarranted attack and invasion on our homeland.
Idaho State and Federal Laws and Regulations Violated and Broken
  • A Call To Action For Idaho Legislators
    Over 45 broken laws have been identified. This does not even address the Idaho Rules of Civil Procedure that were ignored, manipulated, and prejudicially applied. This is not a civil only matter. Our family's intentional efforts to fight persecution, oppression, and tyranny lawfully and within the parameters of Constitutionally promised and guaranteed relief and protection has been the only civil element of this entire attack. Criminal acts have denied due process, restricted our access to relief, and caused the State of Idaho to become accomplices in grave miscarriages of justice and acts of terrorism against our homeland and our law abiding family.

Idaho - An armed raid of our Idaho Ministry Ranch resulted in the unlawful seizure of our property and the false arrest and malicious prosecution of Jeannie Smith.

  • It Happened To Jeannie Smith in Clearwater County at the Nickerson Family Idaho Ministry Ranch
    An extended relative Jeannie Smith was on our ranch as our guest with our permission on November 12, 2019. She has no prior criminal record and is very much a law abiding citizen. Armed forces ordered by Sheriff Chris Goetz invaded our property without a warrant, broke into our guest house, arrested Jeannie, double handcuffed her, and left her to sit in freezing rain for hours. She was not read her Miranda rights or told why she was being unlawfully detained or questioned. She did not resist arrest or intervene in any way with the malicious and willful destruction of our property or abuse of our pets and livestock. She silently prayed. She was released on $300 bond and is awaiting trial. Criminal charges of trespass and obstruction of justice are being maliciously prosecuted by Clearwater County Prosecutor Clayne Tyler to continue the ongoing attack on us. Jeannie had not been asked, noticed, or served she should leave or remove her personal belongings. None of us had. No alleged owner of the private property requested for Jeannie to be arrested or charged.
Below are court filings in Jeannie's case. Jeannie has provided these public records to us to help spread public awareness of what has happened and is happening to her.
Idaho Legal Counsel Needed
  • Jeannie is currently representing herself pro se because she has been unable to identify any Constitutional criminal defense lawyers in Idaho. We have not been able to locate any either. The American Bar Association told us Idaho has none. Pretty sad...

Montana
The Attack Expanded to Montana


Montana Instruments
Hongkong Shanghai Banking Corporation "HSBC Bank" has been granted a foreclosure summary judgment against our Montana home and ranch as part of the ongoing attack on our white family for our Christian faith, conservative values, and differing worldviews. Someone with power, money, and significant political authority wants our ranch and does not want us to have it. This is our home. We want to keep it. We are fighting to keep it. We have every lawful right to keep it. Summary judgment was granted to HSBC Bank based on the illegal assignments below. HSBC Bank does not and cannot have any ownership or beneficial interest in our ranch based on these assignments.
  • Lis Pendens
    Recorded February 12, 2021
  • Disputed 2012 Assignment from Wells Fargo to HSBC
    Executed August 22, 2012
    This 2012 assignment claims to transfer ownership of our Mortgage without the Note to HSBC Bank. This is unlawful in Montana and renders this alleged assignment a nullity. No lawful transfer of ownership occurred or could occur with this assignment, no Notice of New Creditor was provided, and the Trust had been closed for five years when this assignment allegedly occurred. This assignment calls our Mortgage a Deed of Trust five times and claims to transfer interest in the "Deed of Trust."
  • Disputed 2010 Assignment from Wells Fargo to HSBC
    Executed April 12, 2010
    This 2010 assignment claims to transfer ownership of our Note and Mortgage to HSBC Bank as the Trustee of the infamously blacklisted Wells Fargo Mortgage Backed Securities 2007-7 Trust. However, this Trust was officially closed on May 30, 2007, and any alleged transfer into the Trust after the closing date violates its Pooling & Servicing Agreements, is unlawful, jeopardizes the REMIC status of the Trust, and renders the assignment void. HSBC never provided a Notice of New Creditor after this assignment.
  • Disputed Montana Mortgage
    Executed March 30, 2007
    Wells Fargo fraudulently altered and deceptively presented this Montana Fannie Mae/Freddie Mac Uniform Instrument Deed of Trust as a Mortgage document in violation of Fannie Mae/Freddie Mac guidelines and Montana law. This document claims our 224 acre ranch is less than 40 acres, encumbers us with debt without a path to satisfaction, attempts to waive our right to redemption, and violates numerous Montana laws. Even though this document claims Wells Fargo is only mortgaging less than 40 acres, Lewis & Clark District Court Judge Mike Menahan granted our 224 acre high equity ranch with significant improvements and expansive farming operations to the bank in a wrongful foreclosure.
  • Disputed Montana Notes
    Executed March 30, 2007
    Wells Fargo provided a different Note in a federally mandated response than Attorney Erika Peterman, allegedly acting on behalf of HSBC Bank, provided in HSBC Bank's complaint. In April 2013, Erika Peterman allegedly provided a copy of an original Note to the court that was endorsed by Wells Fargo to demonstrate HSBC's possession of the Note. Contradictorily, in a federally mandated January 2014 response, Wells Fargo produced a copy of an original Note in their possession that is not endorsed at all. Two original notes cannot exist.
  • Warranty Deed
    Executed March 30, 2007
    We own our Montana home and 224 acre ranch by Warranty Deed. We have the wet ink deed in our possession. Our Warranty Deed is paramount in title, prior in time, and superior in right. No bank has ever held or been lawfully awarded ownership or title to our high equity ranch.
Nickerson Montana First Judicial District Court Filings
We filed the documents below in the First Judicial District Court. They are listed most recent to oldest based on the filing date. Additional documents are being posted later today.
Nickerson Montana Supreme Court Filings
Below are documents we filed in the Montana Supreme Court. Most recent to oldest. Montana Supreme Court Opinions and Orders
Rulings by the Montana Supreme Court. Listed most recent to oldest based on filing date.
  • Montana Supreme Court Opinion (Excerpt)
    May 3, 2016
    We rightly won a remand on appeal. However, the Montana Supreme Court's order throttled our equal access to justice by restricting our discovery efforts to prevention of performance. This remand created an illusion of fair play yet procedurally blocked us from any legitimate access to account records, employee testimonies, or existing evidence that corroborates this entire action is part of a high level, well funded, networked attack on our family, not a default foreclosure. Neither HSBC Bank nor Wells Fargo signed the foreclosure complaint and state advocacy and oversight agencies decried jurisdiction and advocacy because Wells Fargo and HSBC Bank both denied involvement in the foreclosure. Montana attorneys claimed fear of reprisal and conflict of interest due to relations with Wells Fargo. Our only recourse was to subpoena Wells Fargo. We filed a subpoena. HSBC Bank filed a motion to quash the subpoena issued to Wells Fargo on the day the evidence was due. First District Court Judge Mike Menahan granted their motion. He then ignored all evidence and affidavit testimony of prevention of performance provided to him, acted as a trier of fact, and granted summary judgment. We asked for help, but could find none. The Montana Supreme Court affirmed.

    The truth remains the truth even when it is silenced.
    The Nick and Donna Nickerson Family
Montana Facts, Evidence and Supporting Documents
  • Wells Fargo Mortgage Backed Securities 2007-7 Trust Laws
    Trust Closed May 31, 2007
    HSBC Bank alleges Wells Fargo entered our loan into the Wells Fargo Mortgage Backed Securities 2007-7 Trust in 2010 and again in 2012. However, the trust was closed in 2007. We have provided verbiage from the Trust that corroborate this could not lawfully happen.
Montana State and Federal Laws and Regulations Violated and Broken
  • A Call To Action For Montana Legislators

    A Call To Action For Montana

    The legislature shall provide protection and education for the people against harmful and unfair practices by either foreign or domestic corporations, individuals, or associations. Constitution of the State of Montana Article 13 Section 1(2)

    Every Montana Senator and Representative was provided with a packet of our story and directed to this website. Our family hand delivered 143 of the 150 packets to these Montana legislators in person. Over 25 broken laws were identified. The laws are in place to save our homeland, but they must be upheld and enforced. Many states have equivalent laws and all states must support the United States Constitution as the Supreme Law of the Land. Thus, this call to action is relevant for all states legislators and other public servants.
  • Small Tract Financing Act
    Wells Fargo crafted loan documents that placed our ranch under the Small Tract Financing Act and illegally attempted to strip and defraud our 224 acre ranch of codified rights protected by Montana law.
  • National Mortgage Settlement
    Wells Fargo violated this agreement with the State of Montana, but acute regulatory failure and systemic corruption failed to hold them accountable and save our ranch.
  • Disclosure and Proof of Authority
    Hongkong Shanghai Banking Corporation "HSBC Bank" and Wells Fargo denied all involvement in the foreclosure of our ranch to escape discovery and exposure for their actions and inactions against us, our property, and the Montana land records. We have requested disclosures from the court and repeatedly requested proof of authority to confirm who the true foreclosing entity is. First Judicial Court Judge Mike Menahan, Crowley Fleck Attorney Kenneth Lay in Helena, Montana, and Routh Crabtree & Olsen Attorney Erika Peterman from Missoula, Montana, have ignored our requests thereby preventing us from securing advocacy to save our home.



LEGAL COUNSEL AND ADVOCACY NEEDED
Will You Come to Montana and Idaho and Make a Difference?

We are looking for Christian, principled, civil and criminal lawyers who believe in and support Constitutional law, who will protect property rights and religious freedom, who will fight for due process, who are willing to defend against false criminal charges, and who will passionately expose and prosecute racketeering, crony capitalism, mortgage terrorism, judicial tyranny, and systemic corruption in Idaho, Montana, and the 9th Judicial District. Are you such a person or do you know such a person? If you or someone you know is a champion for truth and justice who is willing to offer representation, legal counsel and/or corroboration, or briefs on our behalf and others who are fighting similar legal battles, please contact us. For any of you freedom fighters out there, Montana and Idaho need good lawyers. If you are not afraid of Chase and Wells Fargo or standing against the bad old boy bully system, please get licensed and come fight for freedom and justice for all. We need you.

URGENT NEEDS FOR PUBLIC OFFICIALS - HIGH PRIORITY: Clearwater County, Idaho, is in desperate need of a fair and just County Prosecutor and a true Constitutional Sheriff. If you are interested in campaigning for either of these roles, let us know and we will introduce you to the community and help you build a sustainable support network. If you are interesting in serving in public office in a small, breathtakingly beautiful, rural area, other critical public servant roles are also available. Contact us.





I Want To Learn More



If you have any questions, or have trouble viewing any of these documents, please let us know.
Excerpts from the United States Constitution

No person shall…be deprived of life, liberty or property without due process of law.
Fifth Amendment of the Constitution of the United States

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…
Seventh Amendment of the Constitution of the United States

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Fourteenth Amendment of the Constitution of the United States

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding… all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution…
Constitution of the United States, Article 6