It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family. www.ithappenedtous.com
Home / Legal / Idaho Documents / Motion to Take Notice of Issue and Reverse Error
It Happened To Us
Idaho Legal Documents

Motion to Take Notice of Issue and Reverse Error
Filed August 13, 2019

Motion to Take Notice of Issue and Reverse Error


Comes now, we, Defendants Charles and Donna Nickerson, husband and wife, in accordance with I.R.C.P. 7(b)(1); Article 6 and the Fifth, Seventh, and Fourteenth Amendments of the Constitution of the United States; and Article 1 Sections 1, 3, 4, 7, 13, and Article 5 Section 1 of the Constitution of the State of Idaho, move the Court to take notice and reverse its error identified in our objection filed with the Court on August 5, 2019, and request the error be remedied by the Court setting aside and vacating its orders denying our Motion to Reconsider Summary Judgment Order, Motion to Reconsider Order on Motion to Continue Summary Judgment Hearing, and Motion to Reconsider Taking Judicial Notice.
We timely filed our Motion to Reconsider Summary Judgment Order, Motion to Reconsider Order on Motion to Continue Summary Judgment Hearing, and Motion to Reconsider Taking Judicial Notice. In accordance with I.R.C.P. 7(b)(3)(D), we notified the Court in these motions they were supported by our memorandum Illegalities Regarding the Actions of PHH and the Affidavit of Charles Nickerson in Support of Motion to Reconsider Summary Judgment Order, and that these documents would be filed in accordance with the timeline for motions. A hearing was noticed for August 20, 2019, which, according to I.R.C.P. 7(b)(3)(A), set the deadline for our memorandum and affidavit to be filed by August 6, 2019. 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.

We filed an objection to the Court’s orders denying reconsideration of our Motion to Reconsider Summary Judgment Order, Motion to Reconsider Order on Motion to Continue Summary Judgment Hearing, and Motion to Reconsider Taking Judicial Notice on August 5, 2019. We have not heard from the Court regarding our objection to these rulings, or instructions regarding a new hearing date. We are filing this Motion to Take Notice of Issue and Reverse Error, concurrent with Illegalities Regarding the Actions of PHH and the Affidavit of Charles Nickerson in Support of Motion to Reconsider Summary Judgment Order, and are requesting a hearing date from the Court clerk. 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.

Further, the Court erred and abused its discretion in its Order re: Motion to Reconsider Summary Judgment by stating “the Court has also considered and rejected all of the grounds for relief from a final judgment under I.R.C.P. 60(b).” No 60(b) or other 60 motion has been filed in this case. Therefore, this determination exhibits bias and prejudices us.

In addition, we request the Court immediately issue an order staying any and all attempts to forcibly remove us and our belongings from our property including any enforcement based on the Writ of Ejectment issued on July 31, 2019. It is a manifest injustice of this Court and a crime against us, Clearwater County and the World at Large to order or permit PHH Mortgage Services to attempt to forcibly remove us and our belongings from our property without even considering the authorities, evidence and argument presented in our memorandum document entitled Illegalities Regarding the Actions of PHH and the Affidavit of Charles Nickerson in Support of Motion to Reconsider Summary Judgment Order.
Further, the order issued to Sheriff Chris Goetz to eject us from our property is not a lawful order because it is based on falsehoods and the truth or power to act is not in it. Fraud vitiates everything. Therefore, it cannot be morally or lawfully enforced with or by the power vested in the officials of this county. Justice demands this Court and all of Clearwater County recognize the rulings of this Court in their entirety on this matter are erred and based on fraudulent claims, forged documentation, and draconian legal chicanery. As such, this places our innocent persons, property, reputation, freedoms, Constitutional rights, and very lives at peril. This Court is beyond its jurisdiction, as an appointed judge acting as a sole trier of fact, to cause this county, and ultimately the State of Idaho, to defy the Idaho and United States Constitutions; create civil unrest in being forced to stand against such tyranny; and incur such extreme liability and exposure for all those working with, for, or on behalf of the county, in their official capacities, and as individual citizens making choices to follow unlawful orders or silently allow them to be enforced. “Just following orders” was not a very effective defense at the Nuremberg trials when justice finally spoke up for those persecuted Jews and Christians. We anticipate it will not be in this situation either should this judicially authorized theft end in tragedy and travesty. Wherefore, we submit it is in everyone’s best interest for this Court to lay aside any prejudice, bias, pride, fear of the big banks, or other such deterrents to justice, and help us and the truth save our home. It is time to hold these big banks responsible for what they have done to us and are doing to others in Idaho and across the United States of America. We have not and will not bend or bow to this injustice and are resolutely prepared to fight all the way for our home as truth, justice, and our American citizenship allow and demand.
As a matter of record for all who come after us to know and review, all judgments have denied our Constitutional right to a jury; gained determination through regulatory failure, procedural manipulation, systemic mortgage terrorism, selective technicalities, timeliness abuse, fraudulent representations, and other such weapons of tyranny. PHH Mortgage Services does not own our property. We do not owe them a debt. We did not default on any alleged loan they have or do not have a right to foreclose on. We are being attacked for our faith because of hate, greed, wicked motives. PHH Mortgage Services has been found by the State of Idaho and 48 other states, as well as Washington D.C., to be mortgage bad boys. In our case, they are guilty of mortgage robbing; stealing, misapplying, and embezzling payments; handling hard-earned money with unclean hands; and the inconceivable extortion of our American homeland. It is time for this assault to end.

We have approached this Court repetitively to exhaust all peaceful options available to us to save our home. We have travelled across America to Washington D.C. telling our story of what has happened to us in Clearwater County, Idaho, and others across our invaded land. We have sounded the call to America to help us stop this travesty. Today the rule of the gavel has the opportunity to save homes and Americans or enslave, incarcerate and murder the American dream. This is our home. We want to keep it. We have and have always had the wherewithal to keep it. We have fought and will continue to fight to keep it. To borrow the words of John Paul Jones, the famous sea captain and Father of the American Navy, as he fought aboard a sinking vessel with guns so close they were touching,

We have not yet begun to fight.

 

PHH Mortgage Services has no cause or right to foreclose or eject us from our home. We did not default. PHH Mortgage Services, JPMorgan Chase, and their accomplices have colluded to fraudulently conceal evidence and bury the bench of this Court in fraud. It is in the power of this court to prevent a tragedy, rule justly, and reverse the abusive and inhumane treatment we have suffered at the hands of PHH Mortgage Services and their accomplices.

Once to every man and nation,

Comes the moment to decide,

In the strife of truth with falsehood,

For the good or evil side.

James Russell Lowell

 

Wherefore, we request this Court immediately halt all further enforcement of the Writ of Ejectment, take Notice of Issue and reverse its error, vacate its orders regarding reconsideration, properly consider the facts, evidence, laws, authorities, and arguments in our Illegalities Regarding the Actions of PHH and the Affidavit of Charles Nickerson in Support of Motion to Reconsider Summary Judgment Order, and permit oral argument on our motions to reconsider.

Oral argument requested.




View this document page by page
View this document as a PDF
View other legal documents

Back to IHTU HOME PAGE