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
 
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Motion To Set Aside Judgment and Summary Judgment Order
Filed February 12, 2020

Motion To Set Aside Judgment and Summary Judgment Order


COMES NOW, Defendants, Nick and Donna Nickerson, in accordance with M.R.Civ.P. 60(d)(3), and move this Court to set aside its summary judgment order and final judgment to permit the real party in interest to be firmly established, rectify injustices resulting from deceit and fraud on the court, and ensure the rule of law and equal access to justice have been appropriately protected. This Motion is supported by our Brief in Support of Motion to Set Aside Judgment and Summary Judgment Order and the Affidavit of Nick Nickerson in Support of Motions.
The original opposing counsel, Erica Peterman, clearly stated Wells Fargo was not a party to this suit
(See Supporting Brief and Affidavit). She refused to provide proof of authority (See Supporting Brief and Affidavit) thereby misleading and deceiving us and this Court regarding Wells Fargo’s involvement. The denial of Wells Fargo’s involvement was used as an attempt to establish standing for HSBC, prevent our much needed and necessary discovery, thwart our defenses, obtain summary judgment against us, deprive us of our constitutional rights of due process and a jury trial, and block codified protections of our home ownership. The inescapable consequence of this fraudulent denial is the pending unlawful and unjustified sale of our property. We have been severely and substantially harmed and injured by being forced to fight a ghost entity that has denied involvement in this wrongful foreclosure for years. This 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.
Wherefore, since Kenneth Lay of Crowley Fleck and Hillary McCormack of Lundberg & Associates have now disclosed/added Wells Fargo as the Plaintiff, we move this Court require both counselors immediately provide full disclosure of their relationship to HSBC and Wells Fargo and Wells Fargo’s and HSBC’s relationship in this matter. Further we move the court require counsels to provide proof of authority, per MCA § 37-61-402, to act in this matter. Finally, due to the pending sale of our property, we move this court immediately vacate the sale, stay execution, and set aside judgment.
Oral argument requested.



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