7/20/2018 08:58 Fax 1sigeaei777 ext (ocexCey oor ACTIONS FOR JUSTICE ( AXJ) BAX: 1 (18 ) 688-3156 CHAPTER IN MICHIGAN STATE OF MICKIGAN ISABELLA COUNTY TRIAL COURT BANK OF AMERICA, Plaintiff, File No,: 15-912-LT i i | { | | a (CAMERAS ) AND PETITION FOR A WRIT OF HABEAS ) ) i } CORPUS FOR VIOLATION OF DUE PROCES: ) ) ) } ) MOTION FOR A FULL PUBLIC HEARING ( WITH THY A. SMITH AND ALL OTHER CONSTITUTIONAL RIGHTS (FULL COMPLAIRT AND BRIEF TO FOLLOW) | UNKNOWN OCCUPANTS, Defendants. i a SRES+ | REQUEST FOR ATTORNEY AND TRIAL BY JURY I | ISABELLA POLICE DEPARTMENT | ISABELLA SHERIFF DEPARTMENT | MOTION FOR A FULL PUBLIC HEARING ( WITH CAMERAS ) AND PETITION FOR A WRIT OF HABEAS CORPUS FOR VIOLATION OF DUE PROCESS CONSTITUTIONAL RIGHTS ( FULL COMPLAINT AND BRIEF TO FOLLOW) Now comes the International Civil and Political Rights Organization known as Actions For Justice, and its Chapter in the State be Michigan, and moves the Court for reconsideration, rehearing, an appeal, and Motion for a full public hearing and Petition pe a Writ of Habeas Corpus based on the following: INTRODUCTION Habeas corpus (/"hetbias "korpos/, Latin for "you [stall] have the body") is the name of @ legal action or writ by means of which detainees can seck relief from unlawful imprisonment. The Spreio Clause of the United States Constitution specifically included the English common law procedure in 1 “Article One, Scetion 9, clause 2, which demands that "The privilege of the writ of habeds corpus shall not he suspended, unless when in cases of rebellion ot invasion the public safety may reure i. | FILED | a ISABELLA COUNTY TRIAL COU!7/20/2015 8:59 FAX 18199461777 asd , Bune ACTIONS FOR JUSTICE ( AXJ) FAX: 1 (S18) 688-3156 CHAPTER IN MICHIGAN United States law affords persons the right to petition the fedoral courts for a writ of habeps corpus. Habeas corpus petitions are generally filed as pro se cases, and the government (state or federal) is usually ordered by the court to respond, Individual states also afford persons the ability to petition| 1 their own state court systems for habeas corpus pursuant to their respective constititions and " laws when held or sentenced by state authorities. ‘The federal habeas statute that result, with substantial amendments, is now at 28 U.S.C. § 2241 | i | FACTS 1.) On Friday, July 10, 2015, the Plaintiff, Bank of America appeared before the isabel County “trial Court, in the State of Michigan, represented by: Mr, James D. Veldhuis ( P35068 },jAttorney at Law, 108 8. University, Mount Pleasant, Michigan 48858. 2.) Ms. Kathy A. Smith was considered to be the Defendant, as was Mr. Theodore Visney, the Occupant, and both appurently objected to this EVICTION IIEARING, and not only cijallenged the competent jurisdiction and venue of the Court, but also alleged that their due process rights were being violated and they were suffering from "arbitrary denial of their property”. 3.) This so called "Eviction Hearing" was held many months before a 12 month right tg redemption has expired, referred to a previous non existent hearing, and incorporated absolutely sence that] the Plaintiff, Bank of America, had any "standing" to foreclose, and moreover evict the|Defendants, since it did not have clear Title to the property und all alleged sales and assignments of the note and mortyage were cither fraudulent, and/or created and recorded by third party companies, Including the Mortgage Electronic Registration Systems, Ine. | 4.) Apparently a WARRANTY DEED was signed on May 14, 2004. 5.) Apparently an unsigned FUTURE ADVANCE MORTGAGE from Countrywide Home Loans / ane FILE NO. 15-912-LTUT/20°2015 05:59 FAX 19189461777 ast ACTIONS FOR JUSTICE. (AXJ) FAX: 1 ($18) 688-3156 CHAPTER IN MICHIGAN Lenders First Choice, with an OTC Construction Rider, was recorded on title and later breached. Documents such as contracts signed by only one party are null and void. [f was recorded June 3, 2007 I | | First: The Defendant and Occupant, Mr. Ted Visner, appeared before the Court and samen was ALLEGATIONS, not allowed to present evidence, question witnesses, nor address a Jury and present his Allegations of ‘ity this action of Evietion is unlawful, wrongful, unfair, unjust, and not founded on any Law. Second: The Defendants, Mr, Ted Visner and Ms. Kathy A. Smith, apparently have been the victims ‘of a well organized and premeditated plan to steal their personal belongings and home inthe past. ‘They claim that they can even prove to the Court that they have been victims of a conspiracy that can be considered to be a mafia the County of Isabella. | ‘Third: The EBL, along with other Authorities, have been contacted while we present ise fora Writ of Habeas Corpus, so that ultimately the Defendants, and specifically the Occupant of the property, Mr. Ted Visner, can return to the Court, and have everything done by the Court to date be declared null and void ab initio, and that he be granted the right fo an Attorney and to a Fommon Law Trial before w Jury of his peers as guaranteed by the US Constitution. STATUTES The and ‘Amendments to the contain a ‘due process clause’. Due process deals with the and thus the due process clause acts as ‘a safeguard from arbitrary denial of life, liberty, or property by the Government dutside the sanction of law. The interprets the clauses however more broadly because these clauses provide four protections: procedural due process (in civilland criminal proceedings), | aprohibition against laws, and es the vehitle for the ‘Due process ensures the rights and equality seal citizens. - WIKI FILE NO.: 15-912-UT7-20-2015 9:00 Fax 191884617: a . aX 19188401 <4 ae | i ACTIONS FOR JUSTICE ( AXJ) FAX: 1( 818) 688-3156 | CHAPTER IN MICHIGAN | 1 || FEDERAL CRIMINAL CODE 2 || Title 18 USC section 241. Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, « || Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or | ~ || privilege secured to him by the Constitution or laws of the United States, or because of hs having so | 5 || exercised the same; or If two or more persons go in disguise on the highway, or on the piemises of another, with intent to prevent or hinder his {ree exercise or enjoyment of any right or privilege so secured: ‘They shall be fined under this title or imprisoned not more than ten years, or both; and if > || death results from the acts committed in violation of this section or if such acts include kjdnapping or| an attempt to kidnap, aggravated sexual abuse of an attempt to commit aggravated sexual abuse, or an| 4 |] atempt to Kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death o || REVISED JUDICATURE ACT OF 1961 (EXCERPT) | ‘Act 236 of 1961 | | 600.3240 Redemption of premises; payment; amount; redemption of senior lien; defenses; recordation; redemption periods; amount stated in recorded affidavit; county having population of more than 750,000 and less than 1,500,000; limitation on amount chatged by register of decds; use of property for agricultural purposes; presumption. 15 |]206-1893-REDEMPTION-AND-ANNULMENT Section Property delinquent for preceding 12 months or forfeited for total amount; right fo possession| by foreclosing goversmental unit; limitation; recording certificate with county register of deeds; > \\ redemption; property as site of environmental contamination; reduction in amount necessary to redeem property. | 19 || Section Petition for foreclosure; filing in circuit court; removal of property from petition: withholding] property by foreclosing governmental unit; hearing date | 20 i Section Identification of owners of property interest; title search; personal visit to determine ‘occupancy; publication of notice; sources of identification; notice provisions; prohibited assertions if failure to redeem property; non compliance; “authorized representative” defined; applicability of | other requirements, 24 || Section Schedule of show cause hearing by foreclosing governmental unit Section Proof of service of notice; filing with circuit court; contesting validity or correctness by 26 |] person claiming property interest; filing objections; order extending redemption period: entry of judgment; specifications; failure to pay delinquent taxes, interest, penalties, and fees alipr entry af” judgment; appeal to court of appeals; recording judgment or notice of judgment; cancellation; 28 || submission of certificate of error. |07-20-2018 09:00 FAX 181881617" ax Boos ACTIONS FOR JUSTICE ( AXS) FAX: 1(818) 688-3156 | CHAPTER IN MICHIGAN I 1 || * These scams hit us right where we live. From foreclosure fraucls to subprime shenanigans, mortgage fraud is a yrowing crimo thrpat that i 2 ||nurcing homeowners, businesses, and the national economy. We have developed new ways to detect and combat mortgage fraud, including collecting and analyzing data to spot cmerging trehds and pattems. And we are using the full array of investigative techniques to find and stop crinfinals before the fact, rather than after the damage hes been done, - FBI | | Amront Famereo te Per ot ths tases sa legal or moral duty to speak, pr when en * Silence can only be equated with “laud” when there inguiry would be intentionally mislealing...We esnnot condone this shocking conduct... f that is the case we hope our message is clear, This sort of deception will not be tolerated and if this|is routine it should be corrected immediately.” US v Tweel, $50 F2d 297, 299-300. * Fraud vitiates the most solemn contracts, documents, and even judgments” United Stalbs v. 10 || Throckmorton, 98 U.S. 61. "When any court violates the clean and unambiguous language of the constitution, a fra perpetrated and no one is bound to obey it." - State v, Sutton 63 Minn 167, 65 NW 262, is 0 LRA 630 CONCLUSION ee Our Organization feels that the Defendant's Constitutional Rights to Due Process might have been violated and requests that the Defendants be granted legal representation by an Attorney} since the other side was represented by one, and without a Legal Counsel, this would not be a fairjand just trial Based on the above we move the Court to Grant the Defendants the assistance of Legal Pounsel, and 29 |) agree to take Judicial Notice of this request for a Petition for a Writ of Habeas Corpus. a 22 | 2-29 JT fe P/refrors tpt “ — of8 Awe 25 || Signed AXT = Ffevoe Visvet— z VA FILE NO.: 1§-912-LT07-20-2018 09:01 FAX 16188461777 axs Boos STATE OF MICHIGAN, ISABELLA COUNTY TRIAL COURT BANK OF AMERICA, Plainti, v File No, 15-912-LT KATHY A. SMITH AND ALL OTHER UNKNOWN OCCUPANTS, | Defendants. | — = | EVICTION HEARING BEFORE THE HONORABLE ERIC R. JANES, TRIAL COURT JUDGE | Mt, Pleasant, Michigan — Friday, July 10, 2015 APPEARANCES: | For the Plaintiff: MR. JAMES D. VELDHUIS (P5068) \ Attorney at Law 1 108 8, University Mount Pleasant, Michigan 48858 989-772-5299 InProPerDefendant: MS. KATHY A. SMITH n1o East Main Street Edmore, Michigan 48829 In Pro Per Defendant: MR. THEODORE VISNER | 7287 West Fremont Road Blanchard, Michigan 49310 ‘Transcribed by: Ms, Aimee Murphy, CER 8548 Certified Electronic Recorder 989-772-0911, : COPYAFFIDAVIT Your affiant, Theodore J. Visner, A United States Navy veteran and submariner, being sound mind and being over the age of majority states the following attesting to and swearing that the statements contained herein are true and accurate to best of my knowledge and belief 1. On or about the month of July 2015, I was personally served notice of court proceedings to evict me from my property located at 7287 W Fremont Rd in Blanchard Michigan by an Isabella county special Deputy. 2. Lattended the proceedings against me on the date and time indicated in the original notice. 3. The proceedings were adjourned to July 10, 2015 due to a failure to notice Kathy Smith of the eviction proceedings. 4, Kathy Smith and Theodore Visner attended the EVICTION PROCEEDINGS on July 10, 2015 and the presiding judge, Eric Janes arbitrarily and capriciously claimed that Theodore Visner did not have standing to defend himself in the eviction proceedings taking place to evict him. 5. Theodore Visner takes obvious objection to the willful deprivation of his natural right to defend himself against his accuser(s) that occurred in the proceedings on July 10, 2015 when alleged judge Eric Janes claimed that Visner had no standing (see transcript]. 6, The Countrywide construction loan bringing rise to these issues never fully funded and was transferred somehow to Bank of America as a conventional mortgage through third party trickery and deceit constituting a breach in 2009. 7. The breach in the construction loan left Visner and Smith stuck in a property they could neither finish, sell, refinance or insure and Visner and Smith stopped making mortgage payments on ot about April 2009 as they waited for the alleged mortgage holder to come to terms with their breach and offer a solution 8. Kathy Smith was also denied standing when her argument with regard to the length of the redemption period (the alleged grounds for these very eviction proceedings) was argued only by alleged judge Eric Janes and dismissed. 9. The property, being only 47% complete has suffered tremendous damage since 2009, 10. Kathy Smith and Theodore Visner married in 2007 and remain married to this day. A. The property located at 7287 W Fremont Rd in Blanchard Michigan is the marital property of both Theodore Visner and Kathy Smith and in their sole discretion alone. 12. The order of possession granted to Bank of America on July 10, 2015 is in etr 13, “AXJ Michigan” has been granted a full Power of Attorney in this matter as it related to myself and to this subject matter. T2012 Further Afgant sayeth n Date 220-is~ Je 20-NF Theodore Visner Date Date One 7-30-2015 fimess Date