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
Home / Legal
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. We have been maintaining a vigil overlooking our Idaho Ministry Ranch, contesting criminal charges pressed against Jeannie, trying to stop the wrongful foreclosure and unlawful seizure of our Montana home, battling accessibility to law libraries and advocacy due to the COVID19 pandemic and its impact on the world around us, navigating impossibilities created by the national housing shortage and saturated moving market, and seeking Constitutional redress 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


How To Navigate The Idaho Legal Pages
 
Jump to a specific category by selecting a title. Click on the blue boxes to expand and collapse document links, information, and explanations. Personally identifying information has been redacted and/or blurred for the protection and privacy of our family. Thank you for understanding.

Idaho Instruments
Legal documents filed in the Clearwater County land records.
Idaho Second Judicial District Court - Nickerson Filings
Documents we prepared and filed in the district court record.
Idaho Second Judicial District Court - Filings and Orders By Idaho District Court and Opposing Counsel
Rulings by Judge Michael Griffin, Judge Carl B. Kerrick, Judge Gregory FitzMaurice and filings by opposing counsels.
Idaho Supreme Court - Nickerson Filings
Documents we prepared and filed in the Idaho Supreme Court.
Idaho Supreme Court Opinions and Orders
Documents and opinions written by the Idaho Supreme Court Justices.
Idaho Facts, Affidavits, Supporting Documents, and Other Evidence
Quick reference of case facts, evidence submitted to the court, and other supporting and corroborating documents.
Idaho Legal Documentary Videos
Informational documentary videos that help explain our case.
Idaho State and Federal Laws and Regulations
Laws are in place to save our Idaho Ranch, but those who are supposed to uphold and enforce law and order are the ones ignoring, breaking, and empowering others to break the laws and steal our property.
Idaho - A multi-agency, armed raid of our Idaho Ministry Ranch resulted in the unlawful seizure of our property, personal belongings, and the false arrest and malicious prosecution of Jeannie Smith.
These are court filings regarding 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 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.

Note: Click on boxes below to expand and collapse document links, information, and explanations. Personally identifying information has been redacted and/or blurred for the protection and privacy of our family. Thank you for understanding.


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Warranty Deed
Nickerson Idaho Warranty Deed

Why is a Warranty Deed important?


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Disputed Idaho Notes
PHH provided two different "original" notes while Chase claimed to still have the "original" note in their possession.
Disputed Idaho Notes

PHH provided a different note in a federally mandated response in December 2013, than the one PHH provided with the foreclosure complaint in 2011. The copy of the "original note" provided to the court by Just Law in 2011, was endorsed by Cendant Mortgage and has other writings and circling on it. However, years later in December 2013, in response to a federally mandated request for production of the original Note, PHH produced a copy of an “original Note” that has no writing or circling on it and is not endorsed at all. Furthermore, in January 2014, Chase stated in a federally mandated response that they still possessed "the original note which will remain in our possession in accordance with applicable record retention requirements." Three original notes cannot exist. Three "original" notes constitute fraud, counterfeiting, and intent to defraud. This is a material fact.



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Missing Idaho Mortgage
Coldwell Banker filed a forged and fraudulent Deed of Trust, which we did not execute, in the county records.
Missing Idaho Mortgage

In 2002, we executed a mortgage on our 50 acre ranch. Coldwell Banker, the originating lender, then filed a forged and fraudulent Deed of Trust in the county records in violation of Idaho Code and our agreement. Among other illegalities and inconsistencies, this document allegedly appoints a trustee of our loan, states our 50-acre ranch is less than 40 acres, and seeks to illegally grant the lender/beneficiary the right to foreclose non-judicially. Though we unwaveringly and repeatedly testified we did not execute this document, Idaho Second Judicial District Judge Michael Griffin ignored our factual disputes and allowed foreclosure to proceed anyway. The missing mortgage has never been produced.



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Disputed and Missing Assignments
2002 Assignment from Coldwell Banker to Fannie Mae
Disputed 2007 Assignment from Coldwell to Chase
Missing 2009 Assignment from Fannie Mae to Chase
Disputed 2010 Assignment from Chase to PHH
Disputed 2017 Assignment from Chase to PHH

What is a Chain of Title?


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Lis Pendens
Lis Pendens filed in Clearwater County, Idaho

What is a Lis Pendens?






Idaho Second Judicial District Court - Nickerson Filings
We filed the documents below in the Second Judicial District Court. They are listed most recent to oldest based on filing date. Direct quotes from the documents are italicized.


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Illegalities Regarding the Actions of PHH Mortgage Services
Illegalities Regarding the Actions of PHH Mortgage Services (HTML Scroll)
Filed August 13, 2019

Excerpt from document - PHH Mortgage Services committed fraud, defied regulatory requirements, violated statutory laws, deceived the Court, and has no standing or grounds to enforce foreclosure or ejectment to wrongfully foreclose and steal our ranch. Res judicata cannot and does not apply to a claim that had not yet accrued. Adjudication of the true merits has been prevented and obstructed by PHH Mortgage Services and those working with and on their behalf. No disposition based on the truth has occurred. All judgments have been rendered by summary judgment with truths, facts, and laws screaming issues of dispute that defeated summary judgment and our family pleading to let us stand before a jury. The law of the case has been forged, counterfeited, and serves to generate distrust and disdain for Idaho Courts and corruption and contamination to the county records. Therefore, due to PHH Mortgage Service's illegal actions, the severity of injury, the loss of substantial rights, and the inherent risks associated with wrongful dispossession, we request the Court reconsider its summary judgment order, dismiss the current action with prejudice, reinstate our claims, and immediately vacate the Sheriff's sale. We believe this request is substantially justified in law, in fact, and in truth. Our conscience, understanding of a clear distinction between right and wrong, commitment to moral integrity, and patriotic duty demand we stand against the ejectment action of PHH Mortgage Services. Truth and justice are on our side. Because it is the right thing to do, we request this Court stand with us.



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Motion To Take Notice of Issue and Reverse Error
Motion To Take Notice of Issue and Reverse Error (HTML Scroll)
Filed August 13, 2019

Excerpt from motion - This Court ruled against our motions for reconsideration on July 31, 2019, six days before our memorandum and affidavit in support of these motions were due to be filed. In the Court's Order re: Motion to Reconsider Summary Judgment, the Court references and provides findings on purported issues in our memorandum. This Court erroneously and unfairly made its determination prematurely, as our memorandum in support of these motions had not yet been filed... It is prejudicial for this Court to rule we have provided no new evidence or issues of fact in the Court's orders, when the Court had not received our memorandum or affidavit that supported these motions.



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Objection To Opinion Re: Request For Ruling And Filing
Objection To Opinion Re: Request For Ruling And Filing (HTML Scroll)
Filed August 13, 2019

Excerpt from document - Our requests for discovery are strongly supported by the alleged contract, Idaho law, regulatory requirements, and common law. As demonstrated in our motion to compel, memorandum, affidavit, and our pleadings in their entirety, PHH Mortgage Services has thwarted and averted all discovery attempts – judicial, contractual, regulatory, common law, and common sense – from February 2010 to present. Their malicious obstruction of justice has continued without full or fair judicial oversight, and, by and through procedural manipulation, regulatory failure, and systemic corruption.



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Response in Opposition to Motion to Set Aside Stay and Issuance of Writ of Execution and Order of Sale
Response in Opposition to Motion to Set Aside Stay and Issuance of Writ of Execution and Order of Sale
Filed April 11, 2017

Excerpt from response - As a general rule, a person who causes a writ of execution to issue upon judgment which is later vacated is liable for the damages caused by the wrongful execution.' 3D Am. Jur. 2d, Executions, Etc. § 525... This is especially true in light of the extraordinary circumstances that have surrounded this case in regards to the denial of equal access to justice for our family, the evidences of fraud and misrepresentations that have been presented, and the abuse of process suffered. Further, the facts and true merits of this case support that the final resolution of this case will require the quashing of any execution of judgment against us and demand a complete reversal of judgment in favor of PHH or Chase. It is therefore inappropriate to move forward with an improper execution based on irregular and fraudulent premises. The appeal is still ongoing...



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Motion For Sanctions
Motion For Sanctions
Filed April 11, 2017

Excerpt from motion - Chase and PHH have built their case based upon lies and deception and have not taken any steps to insure their statements and claims are well grounded in fact. Their actions have created irregularities which render any judgment in their favor void. Therefore, not only are monetary sanctions warranted, it is appropriate and just to vacate the summary judgments in favor of Chase and PHH, dismiss PHH's complaint with prejudice, and allow us to pursue our amended counterclaims and third party complaint.



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Motion to Quash Execution and Judgment
Motion to Quash Execution and Judgment
Filed April 11, 2017

Excerpt from motion - Every court has power to watch over the execution of its judgments, and, where its process has been irregularly or fraudulently executed, to quash it. (Ala. 1880) Rhodes v. Smith, 66 Ala. 174; (Md. 1875) Schultze v. State, 43 Md. 295; (Vt. 1837) Mattocks v. Judson, 9 Vt. 343; (Va. 1795) Hendricks v. Dundass, 2 Wash. 50. American Digest 1658 – Present (Century Edition, Volume 21 1st Decennial – 11th Decennial) Part 447. Grounds and Part 467. Grounds.







Idaho Second Judicial District Court - Filings and Orders By Idaho District Court and Opposing Counsel
Three judges had the responsibility to uphold the law and protect property rights, religious freedom, and due process in Idaho. Griffin concealed the truth, counterfeited evidence, and established a fraudulent law of the case. Kerrick robotically signed off on a pre-determined summary judgment. FitzMaurice quashed evidence of judicial incompetence and tyranny; ignored and concealed crony criminality and malicious litigation; refused to reverse erred judgments; failed to expose, report and sanction systemic and regulatory failure; and judicially authorized the persecution and abuse of an innocent American family.


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Writ of Ejectment
Writ of Ejectment
Writ of Ejectment - Retracted
Writ of Ejectment
Allegedly signed September 9, 2019

This writ was never served or noticed and was wrongly executed on November 12, 2019. See Idaho Ranch Invasion and Raid. 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. Per the Idaho Sheriffs Civil Manual a sheriff may not break and enter against the owner's wishes unless specifically authorized by the Court to do so. Per I.C. § 31-2211a sheriff must act only on written instructions signed by the party or his attorney, otherwise he can be liable for neglect and misconduct. No court order or written instructions from the bank authorizing or instructing the sheriff to forcibly enter and confiscate our persons and possessions ever existed


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. Listen to Sheriff Chris Goetz telling us we are allowed to remain on the property.



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Summary Judgment Orders
Summary Judgment Order - 2012
Summary Judgment Order - 2014
Summary Judgment Order - 2019
Summary Judgment Order - 2012

Order granting Chase's Motion for Summary Judgment and PHH's Motion for Summary Judgment in Part. These 2012 summary judgments struck our counterclaims and established a law of the case that was not based on fact or law. These judgments were unlawfully rendered without our knowledge, defense, or input. They were then concealed from us. These judgments 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.


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 - 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 a common law ejectment action. PHH claimed ownership solely based on the underlying 2012 and 2014 foreclosure summary judgments. All assignments in and out of the county records contradict each other and establish a fatally broken chain of title. In 2017, Chase corroborated our claims by filing an assignment in the county records they claimed "merely clarifies the land records to conform to what had already been decided through the underlying litigation." In other words, this post judgment assignment was filed to make the chain of title in the county records conform to the fraudulent findings of the court. By fact and law, this filing further establishes the existing chain of title was corrupt and corroborates our claims the court's 2012 and 2014 findings were and are in error. Further, it irrefutably establishes PHH did not have the lawful right to foreclose our property at any point during the foreclosure litigation. This 2019 judgment was rendered even though ownership and other meritorious facts were in dispute and irrefutable evidence of fraud on the court had been entered 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.







Idaho Supreme Court - Nickerson Filings
Below are documents we filed in the Idaho Supreme Court. Most recent to oldest.


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Emergency Motion For Permanent Injunction
Emergency Motion For Permanent Injunction
Filed December 3, 2019

Excerpt from emergency motion - 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.



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Appellant's Briefs
Appellant's Brief
Appellant's Reply Brief
Appellant's Brief (HTML Scroll)
Filed February 2018

Excerpt from brief - The District Court, Chase and PHH all provided differing and contradictory facts regarding the true chain of title and true holder of the note (CR p. 6), and we provided Chase's response to a RESPA Qualified Written Request dated January 10, 2014, in which Chase stated the note was in their possession and that they were the investor on the loan (R p. 1232). Therefore, there is a genuine issue of material fact regarding PHH's standing to foreclose and summary judgment for PHH must be overturned. 'If the evidence is conflicting on material issues or supports conflicting inferences… summary judgment must be denied.' Doe, Id.


Appellant's Reply Brief (HTML Scroll)
Filed March 26, 2018

Excerpt from reply brief - The malicious scheme to steal our ranch began with aggressively bullying and threatening us to sign the deed over. When we refused, they promised to steal all we own and informed us they wanted to foreclose on our property, throw us, our family, and others like us out on the streets because they hate people like us [Christians], and they were going to stop us from what we were doing [ministering to Christian ministry leaders].... This ranch was purchased to build a place for ministry leaders and their families to find rest, renewal and revival. It is being seized to prevent us from helping others help others and as part of an ongoing assault against our family and our Christian faith. If our Idaho property can be taken from us, no property in America is safe or secure. We believe the outcome of this case is of historic consequence and a matter of national security.







Idaho Supreme Court Opinions and Orders


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Idaho Supreme Court Opinions
Idaho Supreme Court Opinion - 2018
Idaho Supreme Court Opinion - 2016
Idaho Supreme Court Opinion - 2018
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 Supreme Court Opinion - 2016
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 Facts, Affidavits, Supporting Documents, and Other Evidence

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Aldridge Pite and PHH Demands For Possession and Our Response
Aldridge Pite and PHH Demands For Possession and Our Response
Dated September/October 2017

When we responded to Aldridge Pite and PHH's demands for possession, they withdrew their illegal demands and we rightfully maintained possession.



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QWR Responses
2014 QWR Response from Chase
2018 QWR Response from Chase

What is a QWR?


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Letters and Affidavits Regarding Notary Fraud and Robosigning
New Jersey Notary Department letter - James Zombeck
John O'Brien Affidavit - Massachusetts Register of Deeds
Idaho Notary Department letter
New Jersey Notary Department letter - James Zombeck
Filed June 9, 2014

The affidavit relied on to establish default was executed in New Jersey by PHH's hired robowitness Ronald Casperite. Among other issues, this affidavit is invalidly notarized. Per New Jersey law, this is not a legal affidavit.


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 used (relied on) to establish a chain of title for foreclosure and to render both summary judgments to PHH.


Idaho Notary Department Letter
Dated October, 2014

The 2014 summary judgment relied solely on an invalidly notarized affidavit and "illustrative loan history" created by hired witness Ronald Casperite. Ron Casperite was not an employee of the bank and he had no personal knowledge of payments made or not made. He was hired to fabricate an illustrative loan history that showed default specifically for litigation when no default existed and Idaho law requires affidavits used for summary judgment to be based on personal knowledge. His invalidly notarized affidavit and the 2014 summary judgment are in violation of Idaho law...and moral law. Further, bank records provided by alleged Chase employee Brandie Watkins corroborate our claims that according to Chase account records no debt was owed when the account was transferred to PHH.



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Fannie Mae Letter
Fannie Mae Letter
Dated May 2, 2013

In this letter, Fannie Mae corroborates Chase was the owner of our loan in 2009. This fact alone nullifies the 2007 assignment from Coldwell Banker Mortgage to Chase that was relied on for the 2014 Summary Judgment.



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Affidavit of Negligence by former attorney John Mitchell
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. Click on the link above to read his affidavit.

A little background...PHH falsely claimed ownership of our loan in February 2010, refused all further payments, and initiated a non-judicial foreclosure. When we challenged this illegal attempt, PHH pursued a judicial foreclosure. Attorneys Jason Rammell and Kipp Manwarring of Just Law in Idaho Falls, Idaho, represented PHH. Because we did not default and all truth, facts, and law establish PHH has never acquired lawful ownership of our property or any debt associated with it, we fought their wrongful foreclosure attempt. PHH claimed Chase had the most exposure for the illegal and malicious attack on our family and property, so they insisted JP Morgan Chase be added as a necessary party. Jon Stenquist of Moffat,Thomas, Barrett. Rock & Fields Chartered in Idaho Falls, Idaho, appeared for JP Morgan Chase. He initially admitted to Chase's substantial liability in the matter and inquired about damages. However, the counsels then conspired together to block us from obtaining any relief in the courts. Chase denied ownership to secure summary judgment, avert discovery, and prevent due process. PHH made false claims to secure a fraudulent and unlawful summary judgment.

“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).



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Chase Notice of New Creditor
Chase Notice of New Creditor
Transferred December 3, 2009

Excerpt from Chase Notice - We are sending you this Notice in accordance with the requirements of the 'Helping Families Save Their Homes Act of 2009.' Your mortgage loan (referenced above) has been sold or transferred to JPMorgan Chase Bank, N.A. ('Chase'). Chase is the New Creditor of your loan.







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.


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We Did Not Default
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?
Watch the video.



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Contradictory Chain of Title Claims
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.
Watch the video.







Idaho State and Federal Laws and Regulations


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A Call To Action For Idaho Legislators
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 in this case. This is not a civil only matter. Rather, fear of such an attack on an American family is why three distinctive branches of government, governmental oversight agencies, and regulatory guidelines were originally established. The Legislative Branch allowing a rogue judiciary to claim sole jurisdiction and demand legislators leave the Nickerson case alone violates the very reason for its existence. It is time for the Idaho Legislative Branch to provide Constitutional oversight, accountability, and consequence for the laws they write. 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. This is a call to action for any statesman among you.







Idaho - A multi-agency, armed raid of our Idaho Ministry Ranch resulted in the unlawful seizure of our property, personal belongings, and the false arrest and malicious prosecution of Jeannie Smith.


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It Happened To Jeannie Smith in Clearwater County at the Nickerson Family Idaho Ministry Ranch
Jeannie Smith Court Filings
Jeannie Smith Court Filings

An extended relative Jeannie Smith was on our ranch as our guest with our permission on November 12, 2019. Jeannie is very much a law abiding citizen with no prior criminal record. Jeannie had not been asked, noticed, or served she should leave or remove her personal belongings prior to the raid and her arrest. No alleged owner of the private property requested for Jeannie to be arrested or charged. No warrant for her arrest had been issued. Jeannie was illegally detained, falsely arrested and booked at the Clearwater County jail. She was released on $300 bond and is awaiting trial.

Click here to read 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.





Montana
The Attack Expanded to Montana


How To Navigate The Montana Legal Pages
 
Jump to a specific category by selecting a title. Click on the blue boxes to expand and collapse document links, information, and explanations. Personally identifying information has been redacted and/or blurred for the protection and privacy of our family. Thank you for understanding.

Montana Instruments
Legal documents filed in the Lewis and Clark County land records.
Montana First Judicial District Court - Nickerson Filings
Documents we prepared and filed in the district court record.
Montana Supreme Court - Nickerson Filings
Documents we prepared and filed in the Montana Supreme Court.
Montana Supreme Court Opinions and Orders
Documents and opinions written by the Montana Supreme Court Justices.
Correspondence
Letters sent to the banks, attorneys, agents, public officials, and others involved in stealing and/or saving our home and ranch.
Montana Facts, Affidavits, Supporting Documents, and Other Evidence
Quick reference of case facts, evidence submitted to the court, and other supporting and corroborating documents.
Montana State and Federal Laws and Regulations
Laws are in place to save our Montana home and ranch, but the guards of freedom are missing in action in 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.


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Warranty Deed
Nickerson Montana Warranty Deed

Why is a Warranty Deed important?

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Disputed Montana Notes
HSBC and Wells Fargo provided two different original Notes.
Disputed Montana Notes
Executed March 30, 2007

Wells Fargo provided a different Note in a federally mandated response in January 2014 than the one provided in the foreclosure complaint filed in HSBC Bank's name in April 2013. The copy of the "original Note" provided to the court by Erika Peterman in April 2013 was endorsed by Wells Fargo. However, in January 2014, in response to a federally mandated request for production of the original Note, Wells Fargo produced a copy of an "original Note" in their possession that is not endorsed at all. Two original notes cannot exist. This is a material fact.



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Disputed Montana Mortgage
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.



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Disputed Assignments
Disputed 2010 Assignment from Wells Fargo to HSBC
Disputed 2012 Assignment from Wells Fargo to HSBC

Mortgage vs. Deed of Trust


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Lis Pendens
Lis Pendens filed in Lewis and Clark County, Montana

What is a Lis Pendens?






Montana First Judicial District Court - Nickerson Filings
We filed the documents below in the First Judicial District Court. These documents are listed most recent to oldest based on the filing date. Direct quotes from the documents are italicized. Click on the document title to review the document. Additional documents are being posted as time allows.


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Motion to Take Judicial Notice of Law
Motion to Take Judicial Notice of Law
Brief in Support of Motion to Take Judicial Notice of Law
Affidavit of Nick Nickerson in Support of Motion to Take Judicial Notice of Law
Reply Brief in Support of Motion to Take Judicial Notice of Law

What is Judicial Notice of Law?


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Response in Opposition to Motion to Release Lis Pendens and Issue Sheriff's Deed
Response in Opposition to Motion to Release Lis Pendens and Issue Sheriff's Deed
Filed November 9, 2021

HSBC moved the Court to release our lis pendens, issue a sheriff's deed, and issue a writ of assistance prior to providing an accurate redemption amount and prior to the lawful expiration of our redemption period. Montana law, case law, and even previous orders of the court render this motion premature, baseless, improper, and unlawful.

See our Lis Pendens above.



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Notices to the Court
Notice of Statutory Briefing Schedule
Notice of Redemption Prevention and Statutory Redemption Extension
Notice of Redemption Prevention
Notice of Statutory Briefing Schedule
Filed October 25, 2021

Excerpt from notice - Due to the previous premature ruling of this Court on five of our motions in March 2020, before the statutory briefing schedule was complete, and multiple premature rulings of this type throughout this lawsuit, we are compelled to file this notice to preserve our statutory right and commanded duty to respond to this motion...


Notice of Redemption Prevention and Statutory Redemption Extension
Filed June 14, 2021

This extension was necessarily requested due to HSBC's continued pattern of blocking and preventing the redemption of our property. In addition to providing false and inaccurate redemption amounts, which included fees for taxes and insurance paid for by us, not HSBC, supposed counsel for HSBC alleged we should remit these unlawfully inflated funds to a previously unknown entity. This entity was neither a named party in this lawsuit or on the certificate of sale. HSBC failed to correct these inconsistencies and inaccuracies despite our lawful requests.


Notice of Redemption Prevention
Filed February 12, 2021

HSBC has never provided an accurate, legitimate or lawful redemption amount.



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Filings Regarding the Unlawful Sheriff's Sale
Emergency Motion To Stay Execution
Reply Brief In Support of Request For Emergency Injunction To Postpone Sale
Brief in Support of Motion to Annul, Vacate, and Set Aside Sale
Objection to the Legitimacy of the Sheriff's Sale
Emergency Motion To Stay Execution
Filed February 12, 2020

After years of silence from the bank, our ranch was suddenly scheduled to be sold at public auction without proper statutory notice in the dead of winter. We filed several motions, including a Motion to Set Aside Judgment and Summary Judgment Order, based on newly discovered evidence of deceit and fraudulent claims that changed the face and law of this case and prejudiced the outcome. This emergency motion requested a stay of execution until these motions were decided.


Reply Brief In Support of Request For Emergency Injunction To Postpone Sale
Filed February 28, 2020

A little summary of how our emergency injunction was handled - Our emergency request was not answered by opposing counsel Kenneth Lay of Crowley Fleck until the day before the sale. We had no knowledge of his response because It was not actually entered in the court record until AFTER the "sale" and we did not receive it until two days POST the "sale". The illegitimate sale held by Deputy Clint Pullman validated and corroborated the urgency of the concerns we expressed in our request for emergency injunction. Lack of proper notice and advertisement generated a bidder pool of only one bankster attorney who purchased our high equity ranch at a shockingly low price. Further, the lack of proper statutory notice and opposing parties refusal to provide us with a satisfaction amount prior to the sale prevented us from securing funds to satisfy the unlawful judgment. The sale date of February 12th triggered our one year redemption timeline which would expire the following February. Incidentally, February is historically the coldest, snowiest, and most hazardous month of the year in Montana for moving or transporting livestock. Nick, who was out of town due to circumstances beyond his control, was unable to return in time to attend the sale. The requested injunction would have minimized these and other damages to all parties and non-parties. Even HSBC could not claim injury by a postponement of sale because they had waited almost 2 ½ years to proceed with execution. Any truth seekers out there might consider investigating why this sudden urgency to schedule and hold the sale, with a complete disregard for statutory notification, occurred just before Montana stopped all foreclosures and sales with the COVID lockdown. This is not a foreclosure due to default on a loan. This is an illegal and unConstitutional seizure of property (disguised to be a foreclosure) to cancel the Christian conservative culture our family, the Nick and Donna Nickerson Family, believes in, promotes, and exhibits by the way we live our life.

Consider mine enemies; for they are many; and they hate me with a cruel hatred. O keep my soul, and deliver me: let me not be ashamed; for I put my trust in Thee. Let integrity and uprightness preserve me; for I wait on Thee. Psalms 25:19-21


Brief in Support of Motion to Annul, Vacate, and Set Aside Sale
Filed March 3, 2020

Numerous irregularities and inadequacies void and nullify the alleged sale of our ranch. Issues such as a grossly inadequate sale price, improper notice, invalid writ, void judgment, unsubstantiated principal balance, and unlawful interest rate are injustices and inadequacies that must be rectified per Montana law.


Objection to the Legitimacy of the Sheriff's Sale
Filed March 3, 2020

Lewis and Clark County Deputy Clint Pullman accepted HSBC's credit bid for all three parcels of our 224 acre ranch at a dollar value that was grotesquely less than our original loan and less than one fourth of the judgment amount. We objected to Clint Pullman accepting HSBC's credit bid that was less than the judgment amount in violation of the court order. However, Clint Pullman ignored our objections and proceeded with the unlawful sale. By fact and law, the sale that occurred on February 12, 2020, is null and void.

As a matter of record and further evidence of the fraud surrounding these events, Sheriff Leo Dutton did not attend the sale even though he stated he did so in the Certificate of Sale. This false claim renders the Certificate of Sale an illegal document that is false on its face, invalid in nature, and not legally binding by law or fact in a legitimate court of competence. Any rights arising from reliance on this Certificate of Sale are illegal as a illegal document cannot provide a legal right. A review of the county record demonstrates Clint Pullman signed certificates for other sales he conducted. However, Sheriff Dutton signed this certificate when he did not conduct the sale. Just one more piece of evidence showing the criminality surrounding our property seizure...

Excerpt from Certificate of Sale signed by Sheriff Leo C. Dutton -
I certify that on February 12, 2020 at 10:00 AM, I sold to HSBC Bank USA, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-7, the highest bidder at a public auction conducted by me on the front steps of the Lewis and Clark County Courthouse, 228 Broadway, Helena, MT 59601, according to the law and after due notice, the following parcel of real property in Lewis and Clark, Montana....
(emphasis added)



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Motion To Set Aside Judgment and Summary Judgment Order
Motion To Set Aside Judgment and Summary Judgment Order
Brief In Support of Motion To Set Aside Judgment and Summary Judgment Order
Affidavit of Nick Nickerson In Support of Motions
Motion To Set Aside Judgment and Summary Judgment Order
Filed February 12, 2020

Though HSBC is the named plaintiff in this case, HSBC's alleged attorneys have now stated they are working for Wells Fargo in this matter. At no time has any attorney in this case provided proof of authority validating who they are representing despite repeated requests.


Brief In Support of Motion To Set Aside Judgment and Summary Judgment Order
Filed February 12, 2020

Throughout the course of this lawsuit, opposing counsels vehemently denied Wells Fargo's involvement in the lawsuit to thwart discovery, secure summary judgment, avert jurisdiction and oversight of governing agencies, and escape compliance with the National Mortgage Settlement strict requirements. After judgment was secured with these tactics, a bait and switch technique was employed as opposing counsels revealed Wells Fargo, not HSBC, was the true plaintiff. The prior concealment of Wells Fargo's involvement stripped us of our Constitutional right to stand before our accusers, revoked our contractual right to defend any challenges to our ownership and present our meritorious defenses, and nullified all regulatory protections that would prevent us from being defrauded without opportunity to speak. Our ability to protect and preserve our interests was prejudicially and comprehensively handicapped by their fraudulent misrepresentations of who the true entity bringing this action was.


Affidavit of Nick Nickerson In Support of Motions
Filed February 12, 2020

From Nick's Affidavit - During this lawsuit, because opposing counsel stated Wells Fargo was not a party to this suit and HSBC and Wells Fargo both refused to acknowledge any part of this foreclosure or responsibility for it, we faced obstacles and impossibilities in gaining access to our records. HSBC, Wells Fargo and opposing counsel repeatedly thwarted any and all discovery attempts. I have been severely and substantially damaged and prejudiced due to opposing counsel's deceptive concealment of Wells Fargo's involvement in this lawsuit. I have been prevented from pursuing claims, conducting discovery, presenting evidence and defeating summary judgment and this foreclosure action.
NOTE: This Affidavit also supports the Motion For Leave To Amend Answer, Counterclaim, Third Party Complaint, and Demand for Jury Trial below.



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Motion For Leave To Amend Answer, Counterclaim, Third Party Complaint, and Demand For Jury Trial
Motion For Leave To Amend Answer, Counterclaim, Third Party Complaint, and Demand For Jury Trial
Brief In Support of Motion For Leave To Amend Answer, Counterclaim, Third Party Complaint, and Demand For Jury Trial
Affidavit of Nick Nickerson In Support of Motions
Motion For Leave To Amend Answer, Counterclaim, Third Party Complaint, and Demand For Jury Trial
Filed February 12, 2020

Excerpt from motion - This motion is being presented at this time due to the surfacing of compelling new evidence that Wells Fargo is just now being disclosed as a plaintiff party... We have been severely and substantially prejudiced by our inability to present any of our defenses or claims against Wells Fargo due to opposing counsel's fraudulent concealment, fraud on the court and deceit. We were told our defenses could create an issue of fact for Wells Fargo, not HSBC. Wells Fargo, as the loan originator and our only servicer has been a party to all interactions regarding servicing issues, payment attempts/prevention of performance and our loan in general from it's origination until the present day. We were grossly prejudiced in our defense of this suit by the restriction of only bringing defenses and claims against HSBC, who we had no dealings with prior to this lawsuit.


Brief In Support of Motion For Leave To Amend Answer, Counterclaim, Third Party Complaint, and Demand For Jury Trial
Filed February 12, 2020

Excerpt from brief - Opposing counsel has just disclosed a previous non-party, as a party of interest to this suit. Given the nature and length of this litigation, our repeated requests and motion for proof of authority and opposing counsels insistent and repeated claims that HSBC, not Wells Fargo, is the real party in interest to avoid oversight and quash our discovery attempts, this is a most extraordinary circumstance. In the interest of justice this Court must give leave to amend our answer and pursue our counterclaims to include our defenses and claims against Wells Fargo. We had previously been instructed that our claims and defenses against Wells Fargo had no merit in this lawsuit against HSBC. However, since Wells Fargo has now been disclosed as a previously concealed party, it is extremely prejudicial not to allow us to pursue all our claims and defenses.


Affidavit of Nick Nickerson In Support of Motions
Filed February 12, 2020

From Nick's Affidavit - During this lawsuit, because opposing counsel stated Wells Fargo was not a party to this suit and HSBC and Wells Fargo both refused to acknowledge any part of this foreclosure or responsibility for it, we faced obstacles and impossibilities in gaining access to our records. HSBC, Wells Fargo and opposing counsel repeatedly thwarted any and all discovery attempts. I have been severely and substantially damaged and prejudiced due to opposing counsel's deceptive concealment of Wells Fargo's involvement in this lawsuit. I have been prevented from pursuing claims, conducting discovery, presenting evidence and defeating summary judgment and this foreclosure action.
NOTE: This Affidavit also supports the Motion To Set Aside Judgment and Summary Judgment Order above.



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Discovery
Motion For Extension of Time to Complete Discovery
Brief in Support of Motion For Extension of Time to Complete Discovery
Affidavit of Nick Nickerson in Support of Motion for Extension of Time to Complete Discovery
Subpoena Duces Tecum For Production Only
Response in Opposition to Motion to Quash
Motion For Extension of Time to Complete Discovery
Filed October 21, 2016

Our case was remanded by the Montana Supreme Court in order to grant us opportunity to present additional evidence of prevention of performance. (See the Order.) When Wells Fargo threatened to fire employees for testifying on our behalf, we served them with a Subpoena Duces Tecum to secure the necessary evidence, and inquired regarding an evidentiary hearing to allow subpoenaed employees to testify. We also petitioned the District Court for additional time to present evidence due to Wells Fargo's hostile and uncooperative response to our requests. Judge Mike Menahan allowed HSBC to untimely file their response to our motion in which they ironically argued we should not be allowed additional time. He then filed his order denying our request seven days before the codified deadline to reply in violation of Uniform District Court Rule 2(b), on the day the response to our subpoena was due.


Brief in Support of Motion For Extension of Time to Complete Discovery
Filed October 21, 2016

HSBC has systematically blocked all discovery attempts throughout this foreclosure action. Wells Fargo's delay and refusal to provide federally mandated records, allow employees to provide testimony, and produce requested records forced us to request an extension to complete the discovery requested by the Montana Supreme Court.


Affidavit of Nick Nickerson in Support of Motion for Extension of Time to Complete Discovery
Filed October 21, 2016

Per MCA § 26-1-301, the testimony of one witness is sufficient to prove a fact. Affidavit testimony of prevention of performance from many witnesses was provided to Judge Mike Menahan to conclusively establish Wells Fargo prevented our performance. Nick's affidavit introduced the Affidavits of Nick Nickerson, Amanda Nickerson, Chad Nickerson, Stephanie Nickerson, Kristina Wright, Jeannie Smith, Heather Hummel, and a Tried To Make Payment receipt from a Wells Fargo bank employee (Helena, MT branch).


Subpoena Duces Tecum For Production Only
Filed October 21, 2016

Wells Fargo refused to provide our account records or allow their employees to testify on our behalf. We requested assistance from the court, advocacy from oversight agencies, and legal assistance from Montana attorneys, but found none.

Below are Montana officials who have been contacted to make them aware of what is happening to us. This is by no means a comprehensive list. We have reached out to national and international oversight agencies looking for help in saving and protecting our home, property, and persons.

Attorney General
Former Attorney General Tim Fox, Attorney General Austin Knudsen, Chuck Munson, Mike Palzes
 
State Auditor
Chief Counsel Jesse Laslovich, Matt Rosendale, Lynne Egan, Shanni Berry, Mark Murray, Kris Hansen
 
Banking Commissioner
Chris Romano, Kelly O'Sullivan
 
Office of the Governor
Former Governor Bullock, Tyler Campbell, Governor Greg Gianforte, Lieutenant Governor Kristen Juras
 
Office of the Sheriff
Sheriff Leo Dutton, Renae in Civil Department
 
Montana Congress
150 Representatives and Senators in several legislative sessions
 
United States Congress
Senators Steve Daines, Jon Tester
Representatives Ryan Zinke, Greg Gianforte, Matt Rosendale
 
Montana Judicial Standards Commission
Lame Duck Commission. Per their staff, no disciplinary actions have been taken against any sitting judge in decades. Judge Mike Menahan is the Chair of the commission. No more need be said...
 
Montana State Bar
 
Multiple other state and county offices...

At the request of bank witnesses, we issued a subpoena to Wells Fargo. Routh Crabtree Olsen Attorney Erika Peterman, allegedly appearing on behalf of HSBC Bank, made a motion in the name of HSBC to quash the subpoena to Wells Fargo on the day it was due. First Judicial District Court Judge Mike Menahan, in and for Lewis and Clark County, granted her motion, quashed our subpoena, and affirmed his summary judgment. Wells Fargo and HSBC have been granted complete impunity in Judge Mike Menahan's courtroom and in the State of Montana. Governor Bullock's Office of Consumer Advocacy investigated our claims, validated everything we told them was true, yet told us they could not help us because no one in Montana is willing to stand up to Wells Fargo. Even with the changing of the guards in 2020, no one has been willing to stand up to Wells Fargo or their judicial arm in Montana.



Response In Opposition To Motion To Quash
Filed December 8, 2016

HSBC untimely filed their Motion to Quash our subpoena to Wells Fargo on the day the subpoena was due. Per codified and case law, objections to a subpoena must be timely filed by the recipient of the subpoena in order to be heard. Among other arguments, HSBC argued it would cause them undue burden for Wells Fargo to answer our subpoena...perhaps this is due to the exposure they would incur should Wells Fargo produce the actual evidence of the truth. For the record, the information subpoenaed was required by federal law to be kept in the normal course of business and provided to customers upon request.



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Motion for Proof of Authority
Motion for Proof of Authority
Reply in Support of Motion to Provide Proof of Authority
Motion for Proof of Authority
Filed February 19, 2015

Reply in Support of Motion to Provide Proof of Authority
Filed March 26, 2015

Despite at least 7 different requests for proof of authority, written denials from HSBC of their involvement in this lawsuit, confirmation of fraudulent practices by the law firms involved, and other conflicting evidence, the Montana judiciary never required opposing counsel to validate who they were representing. No bank employee or representative ever submitted an affidavit or appeared in court in any capacity.



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Motion For New Trial and Motion to Alter or Amend Findings of Fact, Conclusions of Law and Judgment
Brief in Support of Motion For New Trial and Motion to Alter or Amend Findings of Fact, Conclusions of Law and Judgment
Reply Brief in Support of Motion For New Trial And Motion to Alter or Amend Findings of Fact, Conclusions of Law and Judgment
Brief in Support of Motion For New Trial and Motion to Alter or Amend Findings of Fact, Conclusions of Law and Judgment
Filed February 19, 2015

Excerpt from brief - In effect, this Court has permitted Ms. Peterman to conceal evidence, thwart discovery and unlawfully prosecute an illegal complaint. HSBC, Wells Fargo, and Ms. Peterman know the assignments HSBC is using to claim ownership are invalid, unlawful and do not conform to their own agreements and requirements, and thus, the title to the Nickerson property has been corrupted and the only way for them to clear it is to force a foreclosure. However, now that the spotlight is on them none of them want to take responsibility for their actions or this wrongful foreclosure and everyone is just trying to force it through. HSBC and their accomplices are thereby unlawfully stealing the Nickersons interest in the property and maliciously perpetuating physical, emotional and monetary damages upon the Nickersons that are unjust unlawful and inhumane. This Court must acknowledge this is wrong legally, ethically and morally. The only way for the Nickersons to stop this unlawful assault on their life, way of life and family is to have a fair trial and be permitted to present their meritorious claims and defenses.


Reply Brief in Support of Motion For New Trial And Motion to Alter or Amend Findings of Fact, Conclusions of Law and Judgment
Filed March 26, 2015

Excerpt from reply brief - It is unmistakably a manifest injustice for the Court to 1) violate the summary judgment Rule in order to grant summary judgment (Brief p. 6 point VI.), 2) nullify the contractual requirements of the contract it is attempting to enforce (Brief p. 9 point I.) 3) disregard the laws regarding who is the 'person entitled to enforce' the note (Brief p. 12 point III.) 4) deny the Nickersons their procedural and contractual rights to present their claims and defenses (Brief p. 4 point IV and p. 14 point IV.), and 5) overrule HSBC' s admission of genuine issues of material fact regarding default (Brief p. 10 point II.). Therefore, in order to correct these manifest injustices perpetrated against the Nickersons in this case, this Court must, at a minimum, vacate the summary judgment order.



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Motion to Amend Answer, Counterclaim, Third Party Complaint and Demand for Jury Trial
Motion to Amend Answer, Counterclaim, Third Party Complaint and Demand for Jury Trial
Reply Brief Motion to Amend
Objection To Order on Motion to Amend Answer, Counterclaim And Demand For Jury Trial
Affidavit of Nick Nickerson in Support of Objection to Orders
Motion to Amend Answer, Counterclaim, Third Party Complaint and Demand for Jury Trial
Excerpt from our Amended Answer, Counterclaim, Third Party Complaint and Demand for Jury Trial - We the Nickerson family 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 hereby present this Amended Answer and Counterclaim. We humbly entreat the Court to protect and defend our inalienable rights to a clean and healthful environment, to pursue life's basic necessities, to enjoy and defend our lives and liberties, to acquire, possess and protect our property, and seek safety, health and happiness in all lawful ways. We have recognized and performed to the best of our abilities our corresponding responsibilities with integrity and proper regard for our obligations, and hereby entreat the Court to use its power to order the Plaintiff to cease and desist from this fraudulent assault on our family, way of life and constitutional rights once and for all and to make rightful reparations and restitutions for the wrongs they have committed against us. May God and this Court render justice for our family, for the citizens of Montana and for the world at large. (adaptation from the Constitution of the State of Montana)

Reply Brief Motion to Amend
Filed June 20, 2014

Our Amended Answer, Counterclaim, Third Party Complaint and Demand for Jury Trial was timely filed in accordance with the Court's scheduling order. When opposing counsel failed to respond to our motion and answer our claims, our motion was rendered well taken and our claims deemed admitted per Montana law. Sixty-seven days after our Amended Answer was filed, opposing counsel petitioned the Court for relief for missing the deadline and the Court granted their request without giving us the statutorily required time to object to their motion. Instead of answering our claims, opposing counsel argued we should not be allowed to amend. We presented Montana law, case law, contractual obligations, and 18 extraordinary reasons why our amendments were lawful, proper, and just.


Objection To Order on Motion to Amend Answer, Counterclaim And Demand For Jury Trial
Filed October 22, 2014

Excerpt from document - ...the Nickersons were not only well within the time limits prescribed by the Court but both the Court and opposing counsel knew the Nickersons intended to amend their pleadings...'In researching the facts surrounding this case, the Nickersons have uncovered additional irregularities and complexities surrounding the handling and processing of their mortgage which requires more time and expense in order to fully and adequately present their defenses, amended answers, counterclaims, and third-party complaints.'...HSBC, by contract, must allow the Nickersons to present their defenses and claims…By refusing to allow the Nickersons to amend their pleadings, HSBC is breaching the express terms of the alleged Mortgage contract and denying the Nickersons their contractual and promised rights. ...HSBC cannot claim undue prejudice by being required to adhere to the contract they presented to the Court and claim to base their rights upon... '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).


Affidavit of Nick Nickerson in Support of Objection to Orders
Filed October 22, 2014

From Nick's Affidavit - I am not in default for the March 1, 2012, payment as HSBC has claimed as a basis for this foreclosure action. Wells Fargo has provided me written proof that I made my March 1, 2012, payment on March 1, 2012...I did not default on my loan with Wells Fargo. Any alleged default that may or may not exist on the loan at this time was solely created by Wells Fargo and was maliciously prevented from being cured by Wells Fargo. Wells Fargo's actions and decisions made it impossible and prevented me from curing any alleged default. Wells Fargo refused to allow me to cure any alleged default. Wells Fargo refused to allow others, including their own representatives, to assist me in curing any alleged default.
NOTE: This Affidavit also supports the Objection to Order On Motions For Summary Judgment below.



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Summary Judgment
Brief in Support of Summary Judgment
Objection to Order On Motions For Summary Judgment
Affidavit of Nick Nickerson in Support of Objection to Orders

Why Summary Judgment?


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Affidavits of Contempt and Other Actions
Affidavits of Contempt and Other Actions

Documents and investigative reports are being prepared to hold all attorneys, judges, public officials, and bank representatives accountable for their actions and inactions in this matter. These documents will be posted when completed and filed or submitted. We would appreciate help creating these documents if any legal professionals would like to assist in preserving the integrity and sobriety of the Montana judicial system. If it happens in Montana, it is happening in America. If you are a civil rights attorney or advocacy group who believes freedom and justice are for all, this is a precedent setting case for property rights, religious freedom, due process, acute regulatory failure, systemic corruption, judicial tyranny, and the list goes on. Contact us if you are interested in getting involved.








Montana Supreme Court - Nickerson Filings
Below are documents we filed in the Montana Supreme Court. Most recent to oldest.


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Emergency Motion To Enforce Stay
Emergency Motion To Enforce Stay
Filed April 12, 2017

Excerpt from motion - The District Court's judgment shall be held in abeyance, pending remand as herein set forth. The stay of execution to which the bank agreed in the District Court shall remain in full force and effect while this matter is on remand.

However, in spite of this order from the Montana Supreme Court, the District Court issued a final judgment and writ of execution, and HSBC scheduled a sheriff's sale, while the matter was still on remand. We appealed to the Supreme Court for an emergency enforcement of the stay.



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Appellants' Petition For Rehearing
Appellants' Petition For Rehearing
Filed September 21, 2017

Excerpt from document - Two parties - Wells Fargo and our family - have firsthand knowledge Wells Fargo wrongly rejected our payments. We have testified and BEGGED for all records to be disclosed. They have hidden our account documentation and threatened their employees. This judgment cannot lawfully stand...This Court has overlooked our arguments and evidence, failed to examine the authenticity of opposing counsel's actions and arguments, and neglected to recognize the prejudice created by the District Court and how it has impacted this litigation. The decision rendered is in error. Enormous precedents are being set that require this judgment to be reviewed on its merits.







Montana Supreme Court Opinions and Orders
Rulings by the Montana Supreme Court. Listed most recent to oldest based on filing date. Direct quotes are italicized.


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Montana Supreme Court Opinion
Montana Supreme Court Opinion - 2016
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. See subpoena and extension motions above. 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








Correspondence


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Letters to Hongkong and Shanghai Banking Corporation "HSBC Bank"
Letter to HSBC - June 1, 2022
Letter to HSBC
June 1, 2022

Excerpt from letter - On May 5, 2022, HSBC invaded our lawfully owned ranch, took adverse possession of our real property, and confiscated our personal property while members of our family were praying at the National Day of Prayer. No letter, notice, request, or deadline to leave or vacate the property was received prior to HSBC taking such extreme measures even though we had clearly and repeatedly communicated our intention to leave if requested. The maliciousness of this surprise attack on our property is deepened when we had already packed and/or moved many of our family belongings in a show of good faith and so we could expedite the moving process if such a request was received.



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Letters to Kenneth Lay and Crowley Fleck
Letter to Kenneth Lay Crowley Fleck - June 10, 2022
Letter to Kenneth Lay Crowley Fleck - June 1, 2022
Letter to Kenneth Lay Crowley Fleck - May 12, 2022
Letter to Kenneth Lay Crowley Fleck
June 10, 2022

Excerpt from letter - Therefore, please be advised any attempt to distribute, sell, donate, give away, or otherwise disperse or dispense with our personal possessions and animals to any other individual or entity beside us constitutes grand theft. We retain any and all rights of possession and ownership. We have not abandoned any of our real or personal property under the law. Rather, you and your accomplices have willfully confiscated our ability to care for our home, possessions, animals, and agricultural assets, and thereby, assumed all responsibility and liability to perfectly preserve their health, condition, safety, and well-being at your expense until they can be safely and rightly returned to us.


Letter to Kenneth Lay Crowley Fleck
June 1, 2022

Excerpt from letter - Please be advised seizing control of our property without request or notice to leave or vacate and denying us notice and opportunity to comply with such a request after we have clearly and repeatedly communicated our intent to voluntarily leave requires you to assume full responsibility and liability for the protection, storage, and care of our real and personal property until the impossibilities and time constraints recklessly created by your direct and indirect actions can be resolved.


Letter to Kenneth Lay Crowley Fleck
May 12, 2022

Excerpt from letter - No forceful entry into our property or removal of our personal belongings during the 2022 National Day of Prayer was warranted, justified, lawful or ethical. No notice, letter, request, demand, or other communication was received from HSBC prior to the unexpected and unlawful invasion of our ranch, exposure of our family and property to unknown security and health risks, and malicious hate crimes being committed against us. This flagrant and unconstitutional violation of our safety, security, and privacy combined with the complete disregard for codified, regulatory, Constitutional, and inalienable protections has created extreme risk and damages that are accruing exponentially with blocked opportunity for relief.



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Letters to Lewis and Clark County Sheriff Leo Dutton
Letter to Lewis and Clark County Sheriff Leo Dutton - February 12, 2021
Letter to Lewis and Clark County Sheriff Leo Dutton - June 10, 2021
Letter to Lewis and Clark County Sheriff Leo Dutton - June 11, 2021
Letter to Lewis and Clark County Sheriff Leo Dutton - October 25, 2021
Letter to Lewis and Clark County Sheriff Leo Dutton - February 12, 2021
February 12, 2021

Excerpt from letter - We have notified HSBC and the State of Montana of the severe weather conditions, liability, and safety risks of moving in these hazardous subzero conditions for people, animals, and sensitive personal possessions. They have not responded so we are actively packing. We will vacate the property as soon as feasible if our efforts to redeem our ranch are successfully blocked. Though all truth, facts, and laws are clearly on our side, they have been silenced by acute regulatory failure, judicial tyranny, procedural misconduct, and systemic corruption.... Our attempts to physically comply with the erroneous judgment and unlawful seizure of our property rights, religious freedom, and due process so as to protect ourselves from further hate crimes, should in no way be construed to mean we are relinquishing or abandoning any of occupancy or ownership rights under the law.


Letter to Lewis and Clark County Sheriff Leo Dutton - June 10, 2021
June 10, 2021

Excerpt from letter - We would like to begin by thanking you and your team for your service to Lewis and Clark County. Your statements regarding the importance of upholding the Constitution and verbalized desire to ensure all members of your office do the same are appreciated...Despite the malicious attacks, hate crimes, discriminatory crony corruption, official misconduct, corporate terrorism, and other unreasonable crimes and actions taken against our name, persons, home, and entire financial portfolio over the last decade, our family has consistently and persistently remained peaceful, polite, professional, respectful, and law abiding. We have stood solely on the truths of the matter and have taken all stands according to and within the laws of this land. We would hope and expect those who genuinely believe in freedom and liberty would be standing with us and helping us lawfully investigate and defend against these false narratives, unsubstantiated claims, and unwarranted attacks to protect civil rights for all...


Letter to Lewis and Clark County Sheriff Leo Dutton - June 11, 2021
June 11, 2021

Excerpt from letter - We are writing this letter to inform you HSBC has still not provided us with an accurate redemption amount. We have requested accurate redemption amounts and have made a written demand for rents and profits per MCA § 25-13-822(2), to ensure any lawful credits are included in the redemption figures as well. By law the period for redemption is extended until 5 days after we receive this sworn statement... Unfortunately HSBC, Wells Fargo, and their counsels have lied and misrepresented the truth incessantly in this matter. Therefore, should these entities, or anyone working on their behalf, represent to your office that the redemption period has actually and lawfully expired, please extend us the courtesy and decency of contacting us to verify the bank's claims prior to signing or allowing anyone in your office to sign a sheriff's deed for this property... We would appreciate your understanding and patience if it becomes necessary for us to move out as the moving truck rental companies we have visited with have communicated there is a severe shortage of moving trucks in Montana.


Letter to Lewis and Clark County Sheriff Leo Dutton - October 25, 2021
October 25, 2021

Excerpt from letter - We are reaching out to make you aware the redemption of our Montana family ranch is still being blocked by HSBC... Per the law, the issuance of a Sheriff's Deed remains premature. Consequently, we request you please extend us the courtesy and decency of contacting us to verify any claims the redemption period has actually and lawfully expired prior to signing or allowing anyone in your office to sign a Sheriff's Deed for any parcel of our family ranch… To demonstrate good faith, many of our family's personal belongings have been packed and/or moved to expedite this process in case we do not prevail in saving our ranch by redemption or other lawful means. As all truth, facts, and evidence demonstrate, this is a wrongful foreclosure and unlawful seizure and we remain the only lawful owners of our family ranch. Thus, our attempts to physically comply with the erroneous judgment and unlawful seizure of our property rights, religious freedom, and due process are being made solely to protect ourselves from further hate crimes and should in no way be construed to mean we are relinquishing or abandoning ANY of our occupancy or ownership rights under the law.







Montana Facts, Affidavits, Supporting Documents, and Other Evidence


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Witness Testimony
MCA § 26-1-301. One witness sufficient to prove a fact.
The direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact, except perjury and treason.


Affidavit of Nick Nickerson
Affidavit of Amanda Nickerson
Affidavit of Chad Nickerson
Affidavit of Stephanie Nickerson
Affidavit of Kristina Wright
Affidavit of Jeannie Smith
Affidavit of Heather Hummel
Affidavit of Nick Nickerson
Filed October 21, 2016

Excerpt from Affidavit - At no time since April 2012 has Wells Fargo been willing to accept partial or full payments from us or to allow us to cure any alleged default created solely by their prevention of performance actions.


Affidavit of Amanda Nickerson
Filed October 21, 2016

Excerpt from Affidavit - Our family was prevented from making the April mortgage payment when Wells Fargo employee(s) refused to accept the payment. I was present when the April payment was refused by a Wells Fargo representative and clearly remember the emotions surrounding the moment. I personally assisted in the attempts, sometimes multiple times a day, to make Wells Fargo receive our mortgage payments together with what our family labeled "blackmail fees" and late fees as they accrued in April, May, June, July and continuing sporadically through the end of 2012 and on into 2013.


Affidavit of Chad Nickerson
Filed October 21, 2016

Excerpt from Affidavit - My name is Chad Nickerson and I am the oldest son of Nick and Donna Nickerson. I know we had enough money to make our payments in April, May, and June of 2012 because my brother Caleb and I helped my dad make the money that was needed. I also remember there was an unexplained charge of approximately $3,000 that we earned as well. I also remember that my mother went into multiple Wells Fargo locations and talked to various Wells Fargo employees on the phone, and no one could allow her to make a payment or explain why she could not pay the bill.


Affidavit of Stephanie Nickerson
Filed October 21, 2016

Excerpt from Affidavit - Members of the Nickerson family, including myself, attempted both in person and via the telephone to tender timely payments to Wells Fargo bank tellers, Home Mortgage consultants, personal bankers and numerous other Wells Fargo employees in the spring and summer of 2012, and the months following. Wells Fargo refused our payments and prevented our performance. I was a witness and participant in these events.


Affidavit of Kristina Wright
Filed October 21, 2016

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


Affidavit of Jeannie Smith
Filed October 21, 2016

Excerpt from Affidavit - I am writing this letter concerning the Prevention of Performance issues for Nick and Donna Nickerson. I have personal knowledge and can witness to them walking into Wells Fargo to make payments and them being prevented from making their payments. I have been with them on numerous in person visits to Wells Fargo trying to get somebody to take their payments. I have been with them when they went to Wells Fargo with money in hand to make payments, only to be told Wells Fargo would not receive the payments. I have been present while Donna spent countless hours with Wells Fargo trying to make payments and trying to resolve why their payments were being refused.


Affidavit of Heather Hummel
Filed October 21, 2016

Excerpt from Affidavit - During my 17 plus years with the Bank I never encountered a more honest, hardworking, committed and passionate individual as Donna Nickerson. I could always count on Donna to keep whatever arrangements she had made with me. One time I recall that her and her family delivered thousands of phone books over an entire weekend to ensure she had the money to make her payment to me. It is this type of tenacity in dealing with this unfortunate situation for the past six years which makes me admire and respect her and her family.



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Supporting Facts and Documents
Verification of March 1st payment
Prevention of Payment Receipt
HSBC Denies They Are Foreclosing - May 3, 2013
HSBC Denies They Are Foreclosing Again - May 31, 2013
Verification of March 1st payment

Attorney Erika Peterman of Peterman Law and Routh Crabtree Olsen filed a foreclosure complaint against our family ranch in the name of HSBC. In this document, Erika Peterman falsely alleged we did not make our March payment. We reached out to Wells Fargo to refute this claim. Wells Fargo provided this letter. Click to read. Even though this letter and affidavit testimony from multiple witnesses establishes we did not default on our March 1st payment, Montana First Judicial District Court Judge Mike Menahan ignored the truth and granted summary judgment to HSBC.


Prevention of Payment Receipt

Wells Fargo employee Lorrie Willey provided us with this tried to make pay(ment) note on a payment slip to document she could not accept our payments. To authenticate it, she wrote tried to make pay(ment), signed her name, and stamped our payment slip with her notary stamp.


HSBC Denies They Are Foreclosing - May 3, 2013

We reached out to HSBC to find out how they were involved with our loan and why they were trying to foreclose on our family ranch. They communicated they were not foreclosing and sent a written response that stated, HSBC Bank U.S.A. acts as a trustee for certain loan securitization trusts... the bank has only a nominal role with respect to the properties owned by the trust... other companies are designated as the servicers of the loans and those servicers handle matters such as mortgage foreclosures... Should you require any additional information, please contact the loan servicer, Wells Fargo Home Mortgage...

This response led us to file a Motion for Proof of Authority to prove who was actually foreclosing. To date, proof of authority has never been received...



HSBC Denies They Are Foreclosing Again - May 31, 2013

HSBC again confirmed they were not the entity foreclosing on our property. Montana courts refused to require the attorneys of record to provide proof of authority despite our requests.







Montana State and Federal Laws and Regulations


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A Call To Action For Montana Legislators
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 sitting Montana Senator and Representative was provided with a packet of our story and directed to this website in April 2017. Our family hand delivered 143 of the 150 packets to these Montana legislators in person. Over 25 broken laws were identified at that time. More have been identified as time has passed. The laws are in place to save our homeland, but these laws must be upheld and enforced. Most states have enshrined the laws that save our ranch into their state laws and constitution. 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.



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Summary of Broken Laws
Summary of Broken Laws

This document was prepared as part of our Judicial Notice of Law that was filed in the District Court. Judge Mike Menahan abandoned lawful jurisprudence when he ignored this document, shirked his obligation to recognize and correct his erred judgments, and authorized the continued persecution and abuse of our innocent family. It includes a summary of ignored, violated, and broken laws that help save our Nickerson Family Ranch and end this malicious assault on our property ownership, religious freedoms, due process, and established way of life. Read the brief that details how these laws were broken and how upholding them could save our ranch.



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Small Tract Financing Act
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.



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Wells Fargo Mortgage Backed Securities 2007-7 Trust Laws
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. Verbiage from the Trust corroborates this could not and did not occur. We purchased official copies of the Pooling and Servicing Agreements that govern this trust from the Securities and Exchange Commission (SEC). We provided a copy to Judge Mike Menahan. Click to read relevant excerpts and verbiage that establish the truth and condition precedents bar HSBC from foreclosing on our family ranch.



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National Mortgage Settlement
National Mortgage Settlement
February 2012

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.

Excerpt from press release - 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... Keep My Montana Home – Montana Department of Justice- https://dojmt.gov/consumer/foreclosure/



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Disclosure and Proof of Authority
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, 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.

HIGH PRIORITY - URGENT NEEDS FOR PUBLIC OFFICIALS IN IDAHO AND MONTANA
Idaho
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.

Montana
Montana is in desperate need of public officials whose true allegiance is to the people of Montana. If you are principled enough to campaign and stand against big money groups and very powerful national and foreign handlers, Montana is God's country and God's people could really use some help protecting and preserving the way of life that has made Montana special through the years. Montana may be the last best place in America and this may be the last best chance to save Montana. Think about it. Pray about it. Seek counsel. Talk with your family and friends. If you are the real deal, and not some pasted poster patriot imposter or the sidekick of one, contact us. We will help however we can...






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