It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family.
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Appellant's Reply Brief
Filed March 26, 2018

Appellant's Reply Brief

In their reply brief, PHH asserts this case is over and this appeal is moot. This case exposes acute regulatory failure, malicious foreclosure fraud, abusive debt collection, procedural manipulation, systemic corruption, judicial overreach, collusive tyranny, admitted attorney deception and negligence, and other such criminal and civil abuse. No justification exists for this wrongful foreclosure, this fraudulent attack on our financial portfolio, or the failure of the State of Idaho to stop these abuses. The law does not grant authority or jurisdiction for the unlawful seizure of our property without cause or right. We did not, by our actions or inactions, give consent to any power on earth to take our property from us; and fraud, collusion and corruption cannot silence our rights to stop this judicially endorsed theft. The truth demonstrates we heroically performed all obligations and walked in complete and total integrity regarding all financial commitments to this property. Moral obligations, patriotism, and the preservation of religious freedoms dictate this fight is not over. This is an issue that defines our American citizenship. It is not time to quit and silently rebuild our losses while we lick our wrongful foreclosure wounds as over seven million foreclosure victims have been forced to do. It is time to stand up for what is right and make a difference for our family, and for all American families. Wrongful foreclosures represent lives lost and destroyed by greedy, evil fraudsters and banksters. Those who have committed these crimes of domestic terrorism and treason against our citizens and our homeland need to be held personally and financially accountable, not rewarded with unjust gain and get out of jail free cards. Only severe consequences will show these corporate mercenaries that making the almighty dollar cannot be more important than preserving life, liberty, and justice for all. Justice is for all in America, not most. Thus, we pursue and will continue to pursue justice until it is found. We have clearly set forth our arguments regarding this appeal in our Appellant’s Brief. We hereby incorporate our Appellant’s Brief and the truths of this matter in their entirety in this Appellant’s Reply Brief. We submit the truth is our defense and pray this Idaho Supreme Court will set aside the grave injustices inflicted upon us and rule righteously and justly.

No lawful or enforceable sale of our property has occurred or can lawfully occur. It is an irrefutable fact all truth defeats any unlawful attempts to wrongfully foreclose upon our ranch. As stated previously, the law does not grant authority or jurisdiction for the unlawful seizure of our property without cause or right. This right cannot be bought, corruptively secured, or collusively enforced because our Constitutional rights allow us to avail ourselves of all legal remedies until the truth is exposed, and PHH and their accomplices are held fully accountable and comprehensively liable for their actions. We are fully resolved to exhaust all time, resources, and energy to securing justice and exposing the corruption and collusion in this case. We hereby submit our rebuttal to the deceptive claims made by PHH in their Respondent’s Brief. Any issue not specifically addressed has already been answered and rebutted by arguments previously incorporated herein.
PHH falsely claims that “Genworth Financial” had nothing to do with the purchase of our property. However, Genworth Financial Mortgage Insurance purchased the property with a credit bid on August 28, 2017. Clearwater County Sheriff Chris Goetz unlawfully accepted this credit bid on the steps of the Clearwater County Courthouse in violation of the order of sale and our objections at the sale. “We will start the bidding with a credit bid from Genworth Financial Mortgage Insurance for $333,000 even…I am taking a credit bid from Genworth Financial for $333,000 even…” (See Affidavit of Charles Nickerson Exhibit 3; See data CD – Video of public auction in MP4 format Public_Auction_Excerpt_August_28_2017.mp4.)

PHH falsely claims our property has been sold. The alleged sale that occurred on August 28, 2017, was executed using a writ dated April 25, 2017. This writ expired on June 25, 2017, and no additional authority was presented to execute the sale. Thus, for this and other reasons as presented herein, the sale that allegedly occurred on August 28, 2017, did not lawfully occur, is not legally binding, and cannot be lawfully enforced.

PHH falsely and deceptively states our property is one parcel when it is unquestionably two parcels. PHH is deceiving the Court to bypass our right to direct the order of sale when there is more than one parcel. We are the owners of the property and have full and correct knowledge as to the number of parcels that comprise our ranch. Both parcels have been developed and invested in to increase our equity and PHH is receiving unjust gain in being allowed to ignore their separate identities. As a matter of public record, property tax records and tax payments indicate the property consists of two separate and distinct parcels. The two parcels are known in the county records as RP36N02E224200A and RP36N02E224205A. See Affidavit of Charles Nickerson Exhibit 1 and 2.


PHH falsely submitted an inaccurate and significantly lower appraised value of the property to reduce Genworth Financial’s required minimum credit bid and strip us of the right to secure the significant equity above the judgment amount. Because the Supreme Court denied our Emergency Motion To Cancel Foreclosure Sale And Stay Execution Pending Appeal on the Friday before the scheduled Monday sale, we were unsuccessful in requiring an accurate declared property value and denied opportunity to secure legitimate cash bids at the sale to protect our interests. PHH seized the opportunity to execute the sale prior to the appeal being completed to willfully defraud the integrity of the sale.

PHH deceptively provided inaccurate property value information when certified appraisals by licensed real estate appraisers establish and certify the property value is significantly higher. (See Affidavit of Charles Nickerson Exhibit 2) PHH, JP Morgan Chase, and Genworth Financial have these certified appraisal values, but Genworth Financial unlawfully made a credit bid based on the significantly reduced property value. Genworth Financial’s participation in the sale violates ethical business dealings, creates questions of their involvement in other transactions of questionable legality, and raises concerns regarding their comprehensive involvement in this wrongful foreclosure scheme from the beginning.

As presented in previous filings, a signed sales contract affirmed the certified appraisal represented a fair market value on this property. Selling the property would have prevented these proceedings, protected the pervasive domino effect on our entire financial portfolio, and secured substantial equity to reinvest in another property elsewhere. However, the sale of our property was blocked through the collusion of PHH and JP Morgan Chase. 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]. We were denied access to any of our equity, lines of credit, and denied new credit options because the Obama Administration had passed laws to prevent anyone who had missed or been accused of missing a loan payment in the last eighteen months from borrowing money, even from their own savings accounts. Opposing counsels told us it would cost us $100,000+ to fight the foreclosure and we would lose because Idaho Courts were bought and paid for. We naively believed this could not be true. We asked the Idaho judicial system to protect us from this foreclosure fraud scheme; however, no advocate was found in the judicial system. In fact, our Idaho Bar certified attorney communicated District Court Judge Michael Griffin was corrupt and affirmed that the corruption was not limited to the banks. The sale of our property would have prevented this litigation from ever taking place if not blocked.

A licensed professional auctioneer with personal knowledge of the property and familiarity with Idaho land auctions estimated the proceeds secured at a properly conducted auction would secure enough funds to satisfy this loan and return the purchase price of the property to our financial portfolio. We were denied the opportunity to sell the property.

Clearwater County failed to conduct the sale of our property lawfully, in order, or based on accurate information. Wherefore, the alleged sale is not enforceable and must be reversed.

The alleged sale of our property is unlawful for the reasons set forth in our Appellant’s Brief. Additionally, the alleged sale was executed with an expired Writ of Execution; violated our rights to direct the order of sale (I.C. § 11-304); unlawfully sold the two-parcel property as one parcel; allowed an entity without personal rights or interest in the property to credit bid in violation of the expired order of sale; prejudiced our ability to realize a fair market value for the property by allowing an outsider to credit bid below the judgment amount while restricting other potential buyers from submitting a credit bid; is not lawfully enforceable since we are the rightful owners and holders of the actual deed on this property, and have never, at any time, by action or inaction, given our consent for the property to be sold; our deeded rights have never been lawfully encumbered by lien to PHH Mortgage and PHH has no lawful right to take possession of or enforce foreclosure upon our property; the judgment amount stated by the Sheriff was determined by Summary Judgment with a District Court Judge unlawfully acting as a trier of fact to determine ownership and judgment amounts; the judgment amount is in dispute and was under appeal at the time of the alleged sale due to conflicting amounts presented by PHH and JP Morgan Chase; the judgment amount was rendered with conflicting default amounts and contradictory claims of chain of title; delays created by fighting prejudices and injustices caused solely by the lies and misrepresentations of opposing counsel and the admitted deception and negligence of our former attorney have severely inflated the judgment amount and cohesively penalized us for exercising our contractual rights; a falsified appraisal was submitted to significantly lower the minimum credit bid and strip us of substantial equity above the judgment amount; and other such issues that cannot be lawfully ignored. Due process; our rights to a defense; our contractual rights; and state, federal, and common laws and rights granted and recognized in the State of Idaho are being ignored in order to execute and uphold this unlawful sale.

First Chief Justice John Jay stated, No power on earth has a right to take our property from us without our consent. We are still in rightful possession of our property and intend to continue pursuing all legal remedies available to save our ranch. This case will not conclude with the unlawful seizure of our ranch.

The State of Idaho must unlawfully seize our ranch to take possession of the property from us or allow any other entity to enter or take possession of our property. In so doing, the State of Idaho is denying our Constitutional rights to own property and stripping us of a foundational element of our American citizenship. 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.

Because finding relief from judgment has been thwarted by corruption, collusion, and criminal obstruction of justice, we travelled to Washington D.C. following the alleged sale to secure additional help to stop this assault against our family. We personally shared our story with the offices of all 535 United States Senators and Representatives, numerous government oversight agencies, various watchdog organizations, and other such entities. As of the writing of this brief, we are also launching a 50-state campaign to raise awareness of what has happened to our family and warn others that it can happen to them and will happen to them if judicial tyranny, abuse and neglect are allowed to continue. We believe we can win this fight in faith and prayer and have created an online website to help tell our story. Our prayer is our efforts will make a difference for our family, and for other innocent victims like us. The damages we have suffered grant us the standing and moral obligation to secure relief and we are unanimously resolved to pursue all legal remedies until justice is served and the criminal acts committed against our family are prosecuted. The checks and balances set up by our Founding Fathers and the American populace, should, and we believe will, ultimately determine what is lawful on American soil. We pray God will bless and protect America from those who would wrongfully foreclosure upon her.


Our research has driven us through entire towns that have been foreclosed upon when no significant financial catastrophe occurred that warrants such devastation. We have met suffering victims who bear the undeserved fate of homelessness and debilitating financial loss across America. We have listened to foreclosure nightmares from wounded patriots who today serve in the White House and the United States Capitol while silently bearing burdens created by wrongful foreclosures. Wrongful foreclosures represent lives lost and destroyed by greedy, evil fraudsters and banksters. Those who have committed these crimes of domestic terrorism against American citizens have committed treason against our homeland. They need to be held personally and financially accountable, not rewarded with unjust gain. Corporate mercenaries must know making the almighty dollar cannot be more important than preserving life, liberty or justice for all in America. Thus, we are resolved no property tombstone bearing our name will be erected by PHH or any other entity without us taking a stand and trying to make a difference. Therefore, our ranch will not be unlawfully added to foreclosure graveyards across America until all legal remedies in all three branches of our government have been exhausted and the Court of Public Opinion has rendered their final verdict. Even then, we rest in knowing God will be the Final Judge in this matter. Again, we pray, as we do every day when the clock strikes 2:08 that He will render to every man according to his deeds.


We provided information about the recent settlement agreement with PHH as corroborative evidence to our claims and causes of action. Contrary to PHH’s assertions in their brief, we have no desire or intention of being included, nor have we expressed any interest in being included in the agreement. It is our opinion as Idaho ranch owners, and firm conviction as common sense thinkers, that this agreement does not legitimately compensate consumers harmed by PHH, nor serve to effectively deter PHH from continuing to harm Idaho consumers. A review of the agreement demonstrates the State of Idaho enlarges their state coffers by $160,000.00. Whereas, 212 harmed Idaho consumers, including those that lost their homes to wrongful foreclosure, received an average payout of $589.62. To put this in perspective, PHH just wrongfully foreclosed on our property valued at over $1,000,000.00 (See Affidavit of Charles Nickerson Exhibit 2) for $333,000.00. PHH or Genworth Financial stands to gain over $650,000.00 on this foreclosure alone. This means the agreement provides a harmed, innocent, truthful, law-abiding consumer about $600.00 in restitution, while the dishonest law breaker PHH gains over $600,000.00. This model calculates PHH’s windfall is over $1,000.00 for every $1 in penalty. Clearly, PHH’s deception, fraud, judicial manipulation and malicious prosecution is a profitable venture. It should be clear and rather obvious why we would rather sit out this opportunity to reward PHH for abusing us, and enlarging the Idaho state coffers.

Nonetheless, it is a matter of public record an investigation of PHH by State Mortgage Regulators found that PHH violated federal and state laws during the same time in which PHH allegedly took over our loan and started this wrongful foreclosure process. This agreement documents PHH has done to others what they have done to us and demonstrates the abuse of discretion exhibited by District Court Judge Michael Griffin in allowing a known foreclosure fraudster to drive these proceedings while ignoring our claims and denying us due process. PHH has violated Idaho and federal laws regarding mortgages, mortgage servicing, county record recordation, unfair and deceptive trade practices, RESPA regulations, Truth in Lending, Rules of Civil Procedure, Duties of Attorneys, and more as documented and detailed throughout our briefs and the record. This appeal is not moot. These issues have not been properly and lawfully litigated. PHH and JP Morgan Chase have obstructed justice, misrepresented the truths of this matter, and committed fraud on the Court. Consequently, all judgments have been rendered through fraud, misrepresentations, an unlawful summary judgment in which a District Court Judge acted as a trier of fact and denied our rights to due process, and other such injustices as comprehensively detailed in the record. Granting impunity to one who has been deemed a lawbreaker by regulating authorities of the State of Idaho and 45 other states, while denying an Idaho homeowner opportunity to a trial and to be heard, is unjust. It is not lawful to allow PHH to seize our property when they have deceptively and maliciously manipulated the Idaho Courts to steal (2. To take (something) by…false pretenses.  Black’s, Id.) our property.


This argument has already been addressed in our brief. We submit PHH has waived and revoked any and all attorney fees by proceeding with the premature sale of the property while it was still in appeal. Lawfully any attorney fees would have come from the proceeds of the sale of the property.

Wherefore, we request this Court grant us costs, attorney fees, and any and all relief that is within their power to grant and that it hold PHH Mortgage accountable to the fullest extent of the law for the actions and inactions committed against us, Idaho Courts, and the World-At-Large.        


Other such criminal and unlawful acts and false claims and misrepresentations surround this sale as are described in our Brief and in the record in its entirety. The State of Idaho is acting as an accomplice in illegal acts by allowing this property to be sold. This exposes the State of Idaho and Idaho property records to needless liability and contamination.

Volumes of evidence and testimony regarding the dishonest, deceptive, fraudulent, and malicious prosecution of this case by PHH and their attorneys of record are before this Court. It is unjust and beyond the discretion and authority of Idaho Courts to reward PHH and their attorneys for their lack of regard for the law, for ethics, and for their duties as Idaho attorneys (I.C. § 3-201. Duties of Attorneys. 4. To employ, for the purpose of maintaining causes confided in him, such means only as are consistent with truth, and never seek to mislead the judges by an artifice or false statement of fact or law.). It is unlawful and unethical for PHH to quash the authority of this Court based on judgments rendered by relying upon false claims.

The right to action cannot be silenced by illegal actions. The law provides a way of escape for wayward decisions to be reversed in the interest of justice. Judgments rendered on false findings cannot be lawfully enforced and therefore must be reversed. The freedom to equitably, fairly, and justly evaluate the merits of this case, and overrule any preexisting prejudice caused by any previous proceedings or determinations made in this case continues, as long as liberty endures. Justice grants the authority to act on this appeal, correct any alleged law of the case, and rule according to the truths of the matter and merits of the case.


Opposing counsel is right that it is time for this case to come to an end. However, we do not agree with PHH’s assessment that this appeal is moot or that this Supreme Court has no authority to act. Fraud On The Court has no statute of limitations. Fraud vitiates everything. No lawful right can arise from an illegal act. PHH has committed fraud. Laws have been broken. The time to set the record straight and do the right thing is now. Despite any prejudices Idaho Courts may have toward our family, pro se litigants in general, or our Christian faith, justice requires this Supreme Court justly uphold and enforce the laws of Idaho.

Appealing to the Idaho Supreme Court should not be reduced to a game of finding the correct minutia to force Supreme Court Justices to do their job. We have not asked for special favor or consideration as pro se litigants. We remind this Supreme Court we are representing ourselves pro se because of the lack of integrity and sobriety we have experienced dealing with Idaho attorneys and judges. We have simply asked to be treated fairly and impartially and for this Idaho Supreme Court to listen, hear and act on our pleas. Enough has been said for this Supreme Court to determine the truth and to see all judgements that have been taken against us are in error. The time has come for this Supreme Court to honor your robe and do what is right.

James Russell Lowell once wrote, Once to every man and nation comes the moment to decide in the strife of truth with falsehood for the good or evil side. Today is your moment to decide. We have chosen to stand for truth, to honor and protect the freedoms and inalienable rights granted to us by God and our forefathers, to preserve our property rights, to plea that the laws of Idaho be upheld and enforced for all Idaho homeowners, and to stand worthy and in agreement with our American citizenship.

Many gave their lives to give us the right to own property and to be free from religious persecution. It appears most, if not all, of the Justices reading this brief and the attorneys we have battled in this case are affiliated with the Mormon church or Mormon educational institutions. Surely history has taught each of you justice for all cannot mean justice for most. It is well documented injustice for one quickly becomes injustice for all. We are being persecuted, and it is within your power to end the injustices we are suffering. To him that knoweth to do good, and doeth it not, to him it is sin. It is your sworn duty to protect judicial integrity in the State of Idaho.

Choose you this day Whom you will serve. We, the Nick and Donna Nickerson Family, are asking you to serve truth, justice, and the American way. PHH is asking you to serve falsehood, injustice, and greedy tyrants. PHH is also asking you to grant impunity for a wrongful foreclosure, establish precedents that empower fraudulent land grabs, allow the foreclosure of American soil to continue with judicial assistance, render rewards for illegal acts, and look the other way while they unlawfully assault our family. We pray you choose wisely. History and our family will record the choice you make.

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