http://www.scribd.com/n nootkabear@hotmail.

com
Janet D. McDonald
ootkabearmcdonald

James B. Stegeman
821 Sheppard Rd.
Stone Mountain, GA 30083-3642
(404) 300-9782
June 25, 2009
FAX & USPS PRIORITY MAIL: 0103 8555 7497 0261 6292
Claims Department
First American Title Insurance Company
2750 Chancellorsville Drive
Tallahassee, FL 32312

RE: CLAIM NO.: GA09-214

POLICY: GF-09-47430
FILE NO.: 5249909/C577

To Whom It May Concern:

On or around April 23, 2009 we filed a claim with your office. The
claim was assigned to Ms. Pamela Nix in Atlanta, GA on or around the
29th of April.
After trying to contact Ms. Nix for several weeks, and leaving
several messages, she finally called us back on or around May 21,
2009. Ms. Nix requested we send a FAX containing a couple of
different documents which we did. I have included the
communications sent to Ms. Nix as “A”

[1]
 On or around June 9, 2009, after again being unable to contact
Ms. Nix and after she refused to respond to messages requesting that
she call us back, we sent a FAX to your office informing you of the
problem contacting her.
On or around June 12, 2009 we received a FAX from Ms. Nix which
I have attached hereto as “B”; The FAX we sent Ms. Nix in response is
“C”.
Rather than perform a proper investigation, Ms. Nix made
ridiculous findings and slanderous, libelous remarks when denying
liability of the claim.

When we bought the property, there was no electric, telephone,

or any other kind of pole on the property; any lines that were or should
have been visible were hidden by trees. We bought title insurance and
depended upon what the surveys said (we had the previous as well as
our survey) and the examination or investigation conducted into the
title and property done for the purchase of the title insurance. There
was no indication of a power line easement on our property.1 Only
when GA Power came to cut the trees after we had been here for over
a year did we realize that the lines crossed over our property. They
were very courteous and carefully hand trimmed granddaddy oak. At
that time, they made no mention of an easement or property rights.
Until Superior Court Judge Becker on April 27, 2009, deemed that
Georgia Power Company has an easement that has been on file in the
County records since 1941, there was no reason to believe that there
was a legal valideasement on our property. Judge Becker’s ruling,
made in violation of Georgia’s Land Registration Laws made First
1
We have seen surveys where there is such an easement and one is plainly marked.
[2]
American responsible under the policy we purchased. Further, since
there is no definite amount of land mentioned in the easement, and
Georgia Power claims to have easement to our entire property, the
property is thereby unmarketable.

Information that Ms. Nix should know as part of her career choice, or
should have found had she actually done an investigation2
1. We were plaintiffs, nowhere have we found that the company
represents Plaintiffs.
2. One cause of action was libel per se; nowhere have we found that
the company represents Plaintiffs suing for libel.
3. Georgia Power’s claim was not properly before the Court
4. Would have first checked the reports and findings of the required
examiner/auditor/master that gave the Court authority to make
it’s Ruling.
The Georgia Supreme Court in Woodruff v.
Morgan County, 670 S.E.2d 415, 284 Ga. 651 (Ga.
11/17/2008) held the following:
“Without the appointment of a special master … the
trial court was not authorized to enter a default
judgment against them. See Bonner v. Bonner, 272
Ga. 545 (2) (533 SE2d 72) (2000). Because the trial
court's entry … is a nonamendable defect
appearing on the face of the record, the trial court
erred in failing to set aside the default judgment when
requested to do so by the Woodruffs. Shields v. Gish,
280 Ga. 556 (2) (629 SE2d 244) (2006); OCGA § 9-11-
60 (d) (3). Accordingly, we reverse the decision of the
trial court and remand this case with the direction that
a special master be appointed.”
2
Ms. Nix should have full working knowledge of GA Law, it is not our responsibility to advise
her of the law; nevertheless as a courtesy we are listing GA and/or Federal laws pertinent.
[3]
 5. A “nonamendable defect appearing on the face of the record is a
“void judgment” having no effect.
See Smyrna Marine, Inc. v. Stocks, 69303 (172 Ga.
App. 426) (323 SE2d 286) (1984) which held the
following:
“in Wasden v. Rusco Indus., 233 Ga. 439, 445 (211
SE2d 733) (1975), the Supreme Court held that
'[s]tatutes of limitation have no application to [void]
judgments, and there can be no bar, estoppel or
limitation as to the time when a void judgment may be
attacked.' " The court further held that "a judgment is
void on its face when there is a non-amendable
defect appearing on the face of the record …." Id.
at 444. See also Ricks v. Liberty Loan Corp., 146 Ga.
App. 594 (1 & 2) (247 SE2d 133) (1978) (cert. den.).”

6. Ms. Nix would have found, had she done the investigation, that
the Judge violated the Georgia Land Registration Laws3 by failing
to appoint an examiner of title/auditor/master4 as mandated.
7. The Judge neglected bringing the property under jurisdiction of
the Court “in rem” as mandated by Georgia Land Registration
Laws.
8. Our complaint was dismissed with prejudice June 11, 2006.5

Ms. Nix Letter Denying Our Claim

¶1: Denied because we filed a lawsuit without first notifying First
O.C.G.A. §44-2-40 This article shall be known and may be cited as "The Land Registration
3

Law."
4
O.C.G.A. §44-2-100 The judge of the superior court of each judicial circuit shall appoint at
least one auditor, who shall be known as the examiner; O.C.G.A. § 44-2-77 While the cause is
pending before the examiner of titles; O.C.G.A. § 44-2-64… the recommendation of the
examiner, may require a fuller and more adequate description or one tending more permanently
to identify the tract in question; O.C.G.A. §44-2-74 If the report of the examiner;
5
Dismissal with prejudice in Georgia dismisses both the claim and any counterclaim.
[4]
American.
As Ms. Nix was told, the suit was filed after discovering through
GFAF ORA6 request, that Georgia Power Company supervisor had told
Georgia State Patrol Troopers that we had said we would kill him if he
came to our property.7
We have seen nowhere in the Policy8 that you represent Plaintiffs,
particularly Plaintiffs suing for libel. Although the suit did state that
there was no easement on our property; until the Court deemed that
the 1941 document was legitimate,we believed that there was no
easement. Without which,there could be no file claimed with First
American.
Furthermore, we contactedEverhome Mortgage Company May 28,
2008 and Faxed them information seeking assistance “D”. Everhome
Mortgage knows that we have title insurance; Everhome never
suggested contacting you; and we find it hard to believe that they did
not contact you.
Because the Judge neglected and refused to follow the
mandatory laws, dismissed our complaint with prejudice the day after
being served as defendant in Federal Court, results in judgment void
on its face.

¶2: Ms. Nix complains that we filed the claim shortly before a
6
Georgia First Amendment Foundation Open Records Act
7
Mr. Stegeman is 100% Federally disabled; one of the disabilities is acute bi-polar disorder.
After speaking with a document examiner, who is also Deputy Chief of Police for the City of
Duluth, and he agreed that should anything happen to the GA Power supervisor, we would be the
first ones arrested, we were forced to file suit.
8
“the Policy” refers to the Owner’s Policy of Title Insurance issued by First American Title
Insurance Company GF – OP 1814 Georgia ALTA Owner’s Policy, Policy No. GF- OP-47430,
date of policy August 22, 1994 @ 8:30 AM in the amount of $55,000.00
[5]
Summary Judgment hearing. She fails to state the complaint had been
dismissed with prejudice a year beforehand; thereby there could be no
complaint or counterclaim pending; without which there legally could
be no Summary Judgment. Furthermore, we filed Motion to set aside
the judgment so that we could participate with the bogus Summary
Judgment. Hand delivered Summary Judgment Brief to the Court,
where it was held for over 30 days without being placed on the docket
report, then mailed back to us unfiled.
¶3: states“Final Order” and “you did not appear at the hearing despite
receiving adequate notice”. Rather than make accusations, Ms. Nix
should have been wondering why such an Order states what it does;
anyone with any sense knows…
A. The United States Supreme Court, United States Constitution 9,
Federal laws10, Georgia Supreme Court11, Georgia Constitution and
state laws forbid the Rulings made by Judge Becker.
B. Superior Court has fifteen or more hearings scheduled on the
calendar for the same day;
C. all notices of hearing sent out shows 9:30 AM;
D. Once the Judge gets there, which is never before the time the
court is scheduled to start, there is a roll call and if one is lucky,
9
Both the United States and Georgia Constitutions forbid the taking of land without just
compensation first being paid.
10
Federal law cannot goes against state law.
The Supreme Court of Georgia has: repeatedly found against Georgia Power when the claim of
11

prescriptive easement was a defense: Georgia Power v. Irving, 267 Ga. 760, 482 S.E.2d 362 (Ga.
03/19/1997) SUPREME COURT OF GEORGIA; stated that the laws governing land must be
strictly abided by: Frank v. City of Atlanta, 72 Ga. 428, 432 (2) (1884). See also Sims v. City of
Toccoa, 256 Ga. 368, 369 (349 S.E.2d 385) (1986).; that an examiner/auditor/master must be
appointed: Woodruff v. Morgan County, 670 S.E.2d 415, 284 Ga. 651 (Ga. 11/17/2008), Bonner
v. Bonner, 272 Ga. 545 (2) (533 SE2d 72) (2000), Woodruffs. Shields v. Gish, 280 Ga. 556 (2)
(629 SE2d 244) (2006); OCGA § 9-11-60 (d) (3); that the proceeding must be in rem: O.C.G.A.
§44-2-61;
[6]
 the hearings will begin around 10:30AM;
E. The Judge doesn’t sign the Order immediately upon making a
Ruling, she has to wait until an Order has been drawn up;
F. The Orders are not filed the day they are made as the Court goes
on until 5:00 or 5:30 PM;
G. The clerks go home at 5:00 PM. leaving no time for the filing the
same day
The hearing was set for 9:30 AM, yet the Order was signed and
filed at 9:12AM before the Judge or any of the parties appearedat the
Courthouse. How would the Judge have known we were not there?
How did a document get signed and filed on a Monday morning
beforethe Judge was at the Courthouse? The only possible way is for
the Order to have been signed sometime Friday. And Ms. Nix
investigated this? Not hardly.
¶4: Goes to the trouble of mentioning the dimensions of our property,
and tries to allege that the GA Power only has easement over
15’-30’feet. This statement is ludicrous. Had Ms. Nix actually
investigated, she would have found Georgia Power has already taken
40-50+ feet (30’ beyond County Right of Way), she would have found
what a prescriptive easement means12 and the fact that neither the GA
Power’s documents, nor the Judge’s order specifies where the lines are
or how much easement they actually have.
GA Power claims to have easement over the entire Land Lot
which consists of 44 acres, encompassing our entire property. The
Supreme Court of Georgia has stated that the amount of land
encompassed must be stated with definiteness in order for there to be

12
Prescriptive easement gives property rights and, the Order fails to state where the easement
actually is, how much property is actually involved, etc. GA Power has maintained that they
have easement over the entire property!
[7]
an easement, a condemnation, or eminent domain. The Judge again
ignored the law and stare decisis thereby further violating the law.
¶5: makes more preposterousstatements: “allege procedural errors”
and “filed an action in federal court under Social Security Act and
the Americans with Disabilities Act”. Again, if Ms. Nix had actually
done the investigation, she would not have to have someone explain
due process violations, Title II violations; or that a suit under 42 §§
1985, 1983, Conspiracy, Due Process Violations, Civil and
Constitutional Rights violations under color of law differ from SSA and
ADA.13
Besides, when a Judge ignores mandated law and does as he/she
pleases, that is violation of procedure, violation of due process, and
Civil and Constitutional Rights violations under color of law. The kinds
of violations against a disabled American fall under U.S.C. Title §§ 241,
242 criminal civil rights violations for which a judge is not immune.
Conspiracy Against Rights, 18 U.S.C. § 241.
Section 241 makes it unlawful for two or more
persons to agree together to injure, threaten, or
intimidate a person in any state, territory or district
in the free exercise or enjoyment of any right or
privilege secured to him/her by the Constitution or
the laws of the Unites States, (or because of his/her
having exercised the same). …Section 241 does not
require that one of the conspirators commit an overt
act prior to the conspiracy becoming a crime. The
offense is punishable by a range of imprisonment up to
a life term or the death penalty, depending upon the
circumstances of the crime, and the resulting injury, if

Again, it is not our place to make Ms. Nix aware of state or federal laws and/or causes of
13

action. Due process is not that hard to understand and if anyone is interested in the laws
governing the Social Security Act or the Americans with Disabilities Act, the laws are easily
obtainable online, as are the Civil Rights Acts and criminal civil rights statutes.
[8]
 any.

Deprivation of Rights Under Color of Law, 18 U.S.C. §

242. This provision makes it a crime for a person
acting under color of any law to willfully deprive
a person of a right or privilege protected by the
Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of
law" include acts not only done by federal, state,
or local officials within the their lawful authority,
but also acts done beyond the bounds of that
official's lawful authority, if the acts are done while
the official is purporting to or pretending to act in
the performance of his/her official duties. Persons
acting under color of law within the meaning of this
statute include police officers, prisons guards and
other law enforcement officials, as well as judges, care
providers in public health facilities, and others who are
acting as public officials. It is not necessary that the
crime be motivated by animus toward the race, color,
religion, sex, handicap, familial status or national origin
of the victim.
The offense is punishable by a range of imprisonment
up to a life term, or the death penalty, depending upon
the circumstances of the crime, and the resulting injury,
if any.
There is neither an excuse for Ms. Nix’ attempt to discredit us,
her seeming lack of intelligence, and/or ignorance of law; nor an
excuse for her lack of investigation.
We believe that the easement documents could easily be shown
to be bogus/manufactured/forged, which we did state to both the state
and federal court and was never denied. The facts and laws clearly
show that the use of fraudulent land documents in Georgia is a
[9]
felonious act.
O.C.G.A. § 44-2-43
Any person who: (1) fraudulently obtains or
attempts to obtain a decree of registration of title to
any land or interest therein; (2) knowingly offers in
evidence any forged or fraudulent document in the
course of any proceedings with regard to registered
lands or any interest therein; (3) makes or utters
any forged instrument of transfer or instrument of
mortgage or any other paper, writing, or document
used in connection with any of the proceedings
required for the registration of lands or the notation
of entries upon the register of titles; (4) steals or
fraudulently conceals any owner's certificate,
creditor's certificate, or other certificate of title
provided for under this article; (5) fraudulently
alters, changes, or mutilates any writing,
instrument, document, record, registration, or
register provided for under this article; (6) makes any
false oath or affidavit with respect to any matter or
thing provided for in this article; or (7) makes or
knowingly uses any counterfeit of any certificate
provided for by this article shall be guilty of a felony
and shall be punished by imprisonment for not
less than one nor more than ten years.

Ms. Nix may get away with treating some of the persons whose
titles you insure, as idiots; we are not idiots, not ignorant of the law,
not unintelligent, and don’t appreciate the treatment.
After all of Ms. Nix’ discrediting of us, she finally gets to the
business at hand on the second page.
1. “Paragraph 3, excludes coverage for matters created, suffered
or assumed by the insured” “matters resulting in no loss or
[10]
 damage”
2. “Paragraph 3,…in case of any litigation” “if prompt notice is
not given, ‘all liability of the Company shall terminate’ to the
extent that the Company has been prejudiced by the failure to
do so.”

How either statement pertains to the claim at hand, we have not

discovered. Ms. Nix carries on about whether or not the lines crossed
our property before or after we bought the property making several
excuses why the Company is not responsible and has been prejudiced
by our failure to immediately notify. In response, we point to the policy
¶3 which refers to ¶4(a) and states the following:
“shall notify the Company promptly…litigation as set
forth in 4(a) below…”
4(a) “Upon written request…and subject to…Section
6…”
“shall provide for the defense of an insured in
litigation…”

Facts associated with the Civil litigation Ms. Nix ignored:

I. One main cause of action was libel per se, the “Company”14
does not cover civil actions for libel
II. The Insurance policy specifies “defendants”, we were Plaintiffs.
III. We had no idea that GA Power would use a fraudulent
document to show they had an easement; under GA law the
use of fraudulent land documents is a felony.
IV. The fraudulent 1941 document GA Power used, in no way
described or pertained to our property and was signed by a
14
“The Company” refers to First American Insurance
[11]
 man that never existed.
V. The case had been dismissed with prejudice a year
beforehand.
VI. A separate action would have had to be brought in Superior
Court by GA Power as Plaintiffs.
VII.GA law mandates that the proceeding is “in rem”, and a
master/auditor/examiner has to be appointed.

Under the above stated circumstances, we were not obligated to

promptly notify the Company; we were not being sued, and Georgia
Power’s claim was not properly before the Court. The facts remain
clear that none of the required processes were performed. Only a
Court of competent jurisdiction, with the required
examiner/auditor/master and the proceeding in rem could Rule that
GA Power had a legal easement. None of these requirements were
met.
Ms. Nix would have one believe that we have suffered no loss;
that we brought our problems upon ourselves. This is incorrect.
a) The loss is as great as the whole property.
b) Much of our property is solid hardwood trees15, one of which
is over 200 years old16.
c) The price of replacing all of the hardwoods already
destroyed including “granddaddy oak” with trees of
comparable size and age is great, the loss we suffer is
great.
d) We live on a very limited income, do not use air conditioner,
and the trees help to keep the house cool.
15
We have no pine trees on our whole property.
16
The 200+ year old Oak is “granddaddy oak”
[12]
 e) Further, because the resale value of the property is now
nothing, the loss to us is actually the entire property.
f) Since neither the survey done when we bought the
property, nor the survey of the previous owner showed any
easement what-so-ever, there was no way that we would
have known such an easement existed.
g) We purchased title insurance for the appropriate reasons; it
is not our fault a Superior Court Judge deemed there has
been an easement since 1941 in a proceeding which she
could not make such a decision.
We find it distressful that Ms. Nix lied, and went out her way to
slander and discredit us. We find it further distressful that we bought
title insurance to protect ourselves, and according to Ms. Nix, we
wasted our money. If title insurance does not protect the homebuyer,
who does it protect? Why should we pay a mortgage when we have no
say over the property, and the property can be destroyed at the whim
of Georgia Power?

We would appreciate (1) Ms. Nix’ decisions is overturned and

(2) someone other than Ms. Nix, does a true and proper
investigationand (3) the company bring criminal charges against
Georgia Power

Sincerely,

[13]
 Janet D McDonald

James B. Stegeman

P.S. I would also appreciate the address and name of whom to direct a
Georgia Open Records Act Request or Freedom of Information Act
request.

[14]