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

Affidavit of Nick Nickerson in Support of Motions


I, Nick Nickerson, swear (or affirm) under oath that:

  1. I have meritorious and valid legal claims that dispute all claims of the Plaintiff and demonstrate all judgments in favor of the Plaintiff are in violation of law, fact, regulatory guidelines, and justice.
  2. Erica Peterman stated Wells Fargo was not a party to this lawsuit in oral argument. A true and correct copy of the transcript of oral argument pgs. 13-16, 57-60 are attached as Exhibit A.
  3. Kenneth Lay stated in their Answer Brief of Appellee HSBC Bank, “However, Wells Fargo is a non-party to this action …HSBC is the Real Party in Interest With the Right to Foreclose. HSBC is the owner and foreclosing party…HSBC is…the real party in interest.” Additionally, on page 1 of their answer brief Kenneth Lay makes the following statement, “This case involves an action for judicial foreclosure filed by the Plaintiff/Appellee, HSBC Bank USA, National Association, as Trustee For Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-7, its successors and assigns (hereinafter, “HSBC”).
  4. Opposing counsels are now identifying Wells Fargo as the plaintiff. Attached is a true and correct copy of the Notice of Appearance of Kenneth K. Lay, of Crowley Fleck, attached as Exhibit B. In this document Kenneth Lay stated, “COMES NOW Kenneth K. Lay of Crowley Fleck, PLLP, and hereby provides notice of his appearance as additional counsel of record for Plaintiff HSBC Bank USA, National Association, As Trustee For Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates Series 2007-7, its successors in interest and/or assigns, in this matter (“Wells Fargo”). Wells Fargo respectfully request the court…”
  5. Attached as Exhibit C is a true and correct copy of the “letter of instruction” that the Sheriff of Lewis and Clark County is acting on to sell our home on February 12, 2020, given to us by the sheriff’s office on January 29, 2020. This letter of instruction from Hillary McCormack of Lundberg and Associates, states the letter is “Re: Wells Fargo v. Nickerson.”
  6. Attached as Exhibit D is a true and correct copy of a disclosure letter submitted to the Montana Supreme Court by Crowley Fleck indicating Wells Fargo Bank was their client in this matter.
  7. Kenneth Lay’s response to our challenge of this accidental disclosure denied Wells Fargo’s involvement.
    “The misidentification of Wells Fargo as the client does not change the fact that Crowley Fleck is representing HSBC, the foreclosing entity. Moreover, the pleadings at all stages have identified HSBC as the entity prosecuting the Complaint, and HSBC has never denied that.”
  8. These false misrepresentations created roadblocks to discovery of additional proof of Wells Fargo’s intentional prevention of performance and allowed opposing counsels to secure summary judgment and siderail our remand based on lies, fraud, and deceit.
  9. Opposing counsels have intentionally concealed any involvement of Wells Fargo in this lawsuit by refusing to provide proof of authority and repeatedly stating Wells Fargo is not a party to this foreclosure action throughout this lawsuit. See Exhibits A and B.
  10. I have personal knowledge HSBC denied having any involvement in this foreclosure action in response to inquiry from Chris Romano (State of Montana Banking Commissioner’s Office). I was informed by Chris Romano this denial prevented the Montana Banking Commissioner from providing help or enforcing oversight.
  11. My wife and I have personally, separately, and jointly, requested opposing counsel to provide proof of authority by the Plaintiff, on multiple occasions, so we could require HSBC or Wells Fargo to acknowledge involvement in this action so the appropriate Montana oversight agencies could gain the jurisdiction to assist us and act to help us. Opposing counsel has repeatedly refused to provide proof of authority and the Court has failed to require its production. Exhibit E details some of our attempts for proof of authority.
  12. My wife and I have personally, separately, and jointly, been informed Montana agencies who provide banking regulation and oversight could not help us as a direct result of the fraudulent misrepresentations of opposing counsels, Wells Fargo, and HSBC in this matter.
  13. My research shows HSBC and Wells Fargo have violated state and federal laws, regulations, national mortgage standards and the National Mortgage Settlement Agreement in servicing our loan and bringing this action before the Court which will be fully documented and detailed in our amended pleadings.
  14. The Montana Attorney General’s office told my wife and I they were unable to address the violations of the National Mortgage Settlement Agreement because of Wells Fargo’s denial of any involvement in this action.
  15. I have presented evidence that we paid our March 1 payment and that all further payments were refused by Wells Fargo’s prevention of performance.
  16. I have moved the Court to require opposing counsels to produce proof of authority, to require Wells Fargo to allow us access to business records that provide proof of their prevention of performance, to be allowed to amend our answer and counterclaim, for due process, and trial by jury.
  17. Wells Fargo refused to accept our payments and refused to work with us in any way to resolve this dispute. A Wells Fargo specialist told us that even if we paid Wells Fargo what they were asking that foreclosure would still be pursued. Wells Fargo would not allow us and in fact prevented us from saving our home.
  18. 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.
  19. 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.
  20. Consummating this action with a Sheriff’s Sale will result in further injury and additional damages.
  21. Wells Fargo and HSBC cannot experience any prejudice by postponing the Sheriff’s Sale  to fully brief our motions, because their fraud, deceit, illegal actions, and concealment of the true Plaintiff is the direct cause of the delay.
  22. I did not find out until Sunday February 9, 2020 that Kenneth Lay was appearing in this matter. Kenneth Lay identified Wells Fargo as the Plaintiff in this appearance which contradicts the previous claims of opposing counsels and exposes criminal concealment of Wells Fargo’s involvement in this matter.

I declare under the penalty of perjury and under the laws of the State of Montana that the foregoing is true and correct.




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