It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family.
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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.
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Emergency Motion To Stay Execution
Filed February 12, 2020

Emergency Motion To Stay Execution

COMES NOW, Defendants, Nick and Donna Nickerson and move this Court to stay pending execution to allow our meritorious and valid legal claims that prevent the sale of our property time to be presented. We move the Court to stay execution pending our outstanding Motion to Set Aside Judgment and Summary Judgment Order for fraud on the court and our Motion to Amend our pleadings, so we may properly deal with the concealment of Wells Fargo’s involvement in this action. This Motion is supported by the affidavit of Nick Nickerson in Support of Motions and Brief in Support of Motion to Set Aside Judgment and Summary Judgment Order.

Opposing counsel has prevented discovery by deceit of who the true parties in interest are and procedurally thwarted our defenses and unlawfully secured a summary judgment and final judgment based on the fact that Wells Fargo was not a party to this suit. Their deceit and fraudulent claims changed the face and law of this case and prejudiced the outcome. Now, new and compelling evidence has been provided disclosing Wells Fargo’s involvement with this suit. Allowing the sale to proceed prior to resolving these issues will severely prejudice us, create undue hardship, unjust injury, irreversible harm, and exponentially increase Wells Fargo, HSBC and opposing counsels exposure in this matter. This is our home. We want to keep it. We have and have always had the wherewithal to keep it. We have fought against false and forged claims throughout this action and new evidence now demonstrates we were also fighting against a concealed accuser. A final resolution of this matter requires us to be afforded opportunity to defend against false accusations and stand against our accusers in a full and fair contest of the genuine issues of material facts. Just and evidence based determinations of who is foreclosing directly affects whether the real party in interest has or had standing to foreclose, corroborates Wells Fargo criminally concealed the evidence of their prevention of our performance, and challenges whether any entity has a legal right to foreclose and sell our property. Furthermore, this Court’s commitment to justice should compel this Court to seek any disclosure of new evidence that can prevent this Court, Lewis and Clark County, and the Lewis and Clark Sheriff’s Office from knowingly or unknowingly becoming accessories to the fraud, theft and racketeering committed against us and this Court by the banks and associated law firms.

“The consequences of wrongfully evicting someone from their home are too severe to be left unchecked.”
Sciarratta v. US Bank National Assn
., 202 Cal.Rptr.3d 219, 247 Cal. App. 4th 552 at 566 (Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 2016)

“Execution will be stayed by order of court to prevent fraud or great injustice, either perpetually or for a definite time.” Lansing v. Orcott, 16 Johns. 4. (Supreme Court 1819)

Finally, this delay can create no prejudice to the plaintiff and opposing counsel because 1) They are solely and directly responsible for any delay due to their fraudulent concealment of the truth, 2) The final judgment in this case was obtained almost 4 years ago, and opposing counsel has been completely silent toward us for years. Therefore no banks will experience any prejudice by postponement of the sale, 3) The pending unjustified loss of our family home, ranch, agricultural investments, established way of life, emotional ties to our multi-generational ranch, and Constitutional rights, far outweighs any alleged prejudice to the bank. Therefore, it is the best interest of all parties and the Court to preserve the status quo and stay any execution for the reasons detailed in our Request for Emergency Injunction to Postpone Sale and until all matters are fully and meritoriously litigated.

Wherefore, in the interest of justice and for good cause, we move this Court to stay execution.

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