Attachments to HSBC Bank Letter - June 1, 2022
The following attachments were provided to HSBC with their letter. You may click on the links below to go directly to the individual documents or continue to click through the pages at the bottom of the page. Personally identifying information has been redacted and/or blurred for the protection and privacy of our family. Thank you for understanding.
- Letter to Kenneth Lay Crowley Fleck - May 12, 2022 - Page 5
Excerpt from letter - No forceful entry into our property or removal of our personal belongings during the 2022 National Day of Prayer was warranted, justified, lawful or ethical. No notice, letter, request, demand, or other communication was received from HSBC prior to the unexpected and unlawful invasion of our ranch, exposure of our family and property to unknown security and health risks, and malicious hate crimes being committed against us. This flagrant and unconstitutional violation of our safety, security, and privacy combined with the complete disregard for codified, regulatory, Constitutional, and inalienable protections has created extreme risk and damages that are accruing exponentially with blocked opportunity for relief.
- Letter to Kenneth Lay Crowley Fleck - June 1, 2022 - Page 7
Excerpt from letter - Please be advised seizing control of our property without request or notice to leave or vacate and denying us notice and opportunity to comply with such a request after we have clearly and repeatedly communicated our intent to voluntarily leave requires you to assume full responsibility and liability for the protection, storage, and care of our real and personal property until the impossibilities and time constraints recklessly created by your direct and indirect actions can be resolved.
- Montana Lis Pendens - Page 11
Recorded February 12, 2021
This document identifies six forged and/or fraudulent documents recorded in the county records regarding our ranch which contain false and fraudulent information and signatures including our mortgage and all assignments. Per Montana law, the act of recording these documents is a felony offense.
- Disputed Montana Notes - Page 20
Executed March 30, 2007
Wells Fargo provided a different Note in a federally mandated response in January 2014 than the one provided in the foreclosure complaint filed in HSBC Bank's name in April 2013. The copy of the "original Note" provided to the court by Erika Peterman in April 2013 was endorsed by Wells Fargo. However, in January 2014, in response to a federally mandated request for production of the original Note, Wells Fargo produced a copy of an original Note in their possession that is not endorsed at all. Two original notes cannot exist. This is a material fact.
- Disputed Montana Mortgage - Page 21
Executed March 30, 2007
Wells Fargo fraudulently altered and deceptively presented this Montana Fannie Mae/Freddie Mac Uniform Instrument Deed of Trust as a Mortgage document in violation of Fannie Mae/Freddie Mac guidelines and Montana law. This document claims our 224 acre ranch is less than 40 acres, encumbers us with debt without a path to satisfaction, attempts to waive our right to redemption, and violates numerous Montana laws. Even though this document claims Wells Fargo is only mortgaging less than 40 acres, Lewis & Clark District Court Judge Mike Menahan granted our 224 acre high equity ranch with significant improvements and expansive farming operations to the bank in a wrongful foreclosure.
- Disputed 2010 Assignment from Wells Fargo to HSBC - Page 23
Executed April 12, 2010
This 2010 assignment claims to transfer ownership of our Note and Mortgage to HSBC Bank as the Trustee of the infamously blacklisted Wells Fargo Mortgage Backed Securities 2007-7 Trust. However, this Trust was officially closed on May 30, 2007. Therefore, any alleged transfer into the Trust after the closing date violates its Pooling & Servicing Agreements, is unlawful, jeopardizes the REMIC status of the Trust, and renders the assignment void. HSBC never provided a Notice of New Creditor after this assignment.
- Disputed 2012 Assignment from Wells Fargo to HSBC - Page 24
Executed August 22, 2012
This 2012 assignment claims to transfer ownership of our Mortgage without the Note to HSBC Bank. This is unlawful in Montana and renders this alleged assignment a nullity. No lawful transfer of ownership occurred or could occur with this assignment, no Notice of New Creditor was provided, and the Trust had been closed for five years when this assignment allegedly occurred. This assignment calls our Mortgage a Deed of Trust five times and claims to transfer interest in the "Deed of Trust."
- Response in Opposition to Motion to Release Lis Pendens and Issue Sheriff's Deed - Page 26
Filed November 9, 2021
HSBC moved the Court to release our lis pendens, issue a sheriff's deed, and issue a writ of assistance prior to providing an accurate redemption amount and prior to the lawful expiration of our redemption period. Montana law, case law, and even previous orders of the court render this motion premature, baseless, improper, and unlawful.
- Affidavit of Nick Nickerson in Support of Motion to Take Judicial Notice of Law - Nickerson Case - Page 47
Filed December 23, 2021
From Nick's Affidavit - Contrary to the Montana District Court and the Montana Supreme Court's erred assertions, at no time have my wife or I testified or admitted we failed to make our March 1, 2012, mortgage payment or any payments thereafter. Conversely, we have repeatedly asserted and testified, and reiterate now once again, that from 2012 to the present we have made every mortgage payment we were allowed to make and were obligated to make.... A Montana official who discovered Wells Fargo's illegal actions in this matter and provided this evidence to the Montana Attorney General's Office was fired, moved out of state, and threatened not to communicate with our family again or he would be fired "or worse" from his new federal job. This individual communicated he was fearful of retaliation and recourse if he provided testimony. I have personal knowledge this individual made promises and assurances he personally provided pertinent evidence and information to the Attorney General's office that exposes criminal actions and defeats HSBC's claims in their entirety. However, this Court has allowed HSBC to escape providing discovery and Wells Fargo to escape production of subpoenaed information so we may compel Montana public officials to open these concealed files and act according to the law and justice...
