rva0/2015 09:58 par reisnuei77t asi eerCey 28 ee ISABELLA POLICE DEPARTMENT MOTION FOR A FULL PUBLIC HEARING ( WITH CAMERAS ) AND PETITION FOR A WRIT OF HABEAS VIOLATION OF DUE PROCESS CONSTITUTIONAL RIGHTS ( FULL COMPLAINT AND BRIEF TO FOLLO\ [ appeal, and Motion for a full public hearing and Petition 4 Writ of Habeas Corpus based on the following: INTRODUCTION Habeas corpus (/"hetbias 'korpas/, Latin for "you [shall] have the body") is the name of ‘or writ by means of which detainees can seck relief trom unlawful imprisonment. The S| Clause of the United States Constitution specifically included the English common law ISABELLA SHERIFF DEPARTMENT | known as Actions For Justice, and its Chapter in the State bf Boot i ACTIONS FOR JUSTICE (AX) FAX 1(818 688.8156 | CHAPTER IN MICHIGAN j i STATE OF MICHTGAN | ISABELLA COUNTY TRIAL COURT i BANK OF AMERICA, Plaintiff, ) File No.: 15-912-u7 } | ea } MOTION FOR A FULL PUBLIC HEARING ( WITH Z ) CAMERAS ) AND PETITION FOR A WRIT OF HABEAS } CORPUS FOR VIOLATION OF DUE PROCE KATHY A. SMITH AND ALL OTHER ) GONSTITUTIONAL RIGHTS ( FULL COMPLAINT AND ) BRIEF TO FOLLOW ) ||PNKNOWN ocCUPANTS, Defendants. ) t HOSRES* ) REQUEST FOR ATTORNEY AND TRIAL ) BY JURY )RPUS FOR ? Now comes the International Civil and Political Rights Organization Michigan, and moves the Court for reconsideration, rehearing, an ra legal action spension cedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeds corpus shal nol be suspended, unless when in cases of rebellion or invasion the public safcty may ref ire i." FILE NO,: 15-912-L7 Fes JUL 7 1015 | ISABELLA COUNTY TRL CA Pea ACen ur7-20-2015 08:59 Fax 1819sagiz7T ast 10 ul Fry 4 as 36 ACTIONS FOR JUSTICE ( AX) FAX: 1 (818 ) 688-3156 CHAPTER IN MICHIGAN United States lw affords persons the right to petition the federal cours for a rit of habefs corpus, abeas corpus petitions are generally filed as pro se cases, and the government (state or usually ordered by the court to respond, Individual states also afford persons the abilit their own state court systems for habeas corpus pursuant to their respective constit ‘pera is fy to petitio tions and I Jaws when held or sentenced by state authorities, The federal habeas statue that result with substantial amendments, is now at 28 U.S.C. § 2241 FACTS 1,) On Friday, July 10, 2015, the Plaintiff, Bank of America appeared before the Isabell ‘Trial Court, in the State of Michigan, represented by: Mr. James D. Veldhuis { P35068 ),| Law, 108 S. University, Mount Pleasant, Michignn 48838, 2.) Ms. Kathy A. Smith was considered to be the Defendant, as was Mr. Theodore Visne! Occupant, and both apparently objected to this EVICTION HEARING, and not only elf County |Attorney at the jallenged the competent jurisdiction and venue of the Court, but also alleged that their due process rights were being violated and they were suffering ftom "arbitrary denial of their property” 3.) This so called "Eviction Hearing" was held many months before a 12 month right t redemption has expired, referred to a previous non existent hearing, and incorporated absolutely no evidence that! f the Plaintiff, Bank of America, had any "standing to foreclose, and moreover evict the] since it did not have clear Title to the property und all alleged sales and assignments of ‘mortgage were cither fraudulent, and/or created and recarded by third party companies, the Mortgage Electronic Registration Systems, Inc. 4.) Apparently s WARRANTY DEED was signed on May 14, 2004. 5.) Appurently en unsigned FUTURE ADVANCE MORTGAGE from Countrywide I Sie FILE NO,; 15-912-LT Defendants, e note and including jome Loans /07/20/2015 08:59 FAX isissaeiTTT axd ACTIONS FOR JUSTICE (AXJ) FAX: I (818) 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. [ recorded June 3, 2007 ALLEGATIONS Fitst: The Detendant and Oceupant, Mr. Ted Visner, appeared before the Court and appefently wns ‘not allowed to present evidence, question witnesses, nor address a Jury and present his Allegations of y and pt ae why this action of Eviction is unlawful, wrongful, unfair, unjust, and not founded on an: Second: The Defendants, Mr. Ted Visner and Ms. Kathy of a well organized and premeditated plan to steal their personal belongings and home i ‘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, | Thitd: The FBI, along with other Authorities, have been contacted while we present this| ‘Writ of Habeas Corpus, so that ultimately the Defendants, and specifically the Occupang, property, Mr. Ted Visner, can return to the Court, and have everything done by the Cout declared null and void ab initio, and that he be granted the right to an Attorney and toa Law ial before « Jury of his peers as guaranteed by the US Constitution, STATUTES The and Amendments to the contain a due clause’. Due process deals with the and thus the due process clause acts as a safeguard from arbitrary denial of life, Uberty, or property by the Government sanction of law. The interprets the clauses however broadly because these clauses provide four protections: procedural due process (in civilland criminal proceedings), «prohibition against ews, and as the vehi the - Due process ensures the rights and equality of al WIKI mith, apparently have beer the victims 003, was |aw. the past. [request for a of the to date be ommon, rocess itside the more Ie for citizens, - a5- FILE NO.: 15-912-LTO7-20°2015 09:00 Fax 1188461777 axd Boos ACTIONS FOR JUSTICE ( XJ) FAX: { (818) 688-3156 CHAPTER IN MICHIGAN : | FEDERAL CRIMINAL CODE Title 18 USC section 241. Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in aby State, 4 |] 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 his having so exercised the same; or IF two or more persons go in disguise on the highway, or on the pimisos of another, with intent to prevent or hinder his ree exercise ot enjoyment of any right or privilege so secured- They shall be fined under this title or imprisoned not more than ten years, or bo{h; and if 7 ||death results from the acts committed in violation of this seotion or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or at attempt 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, 10 || REVISED JUDICATURE ACT OF 1961 (EXCERPT) | Acct 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 13 || population of more than 750,000 and less than 1,500,000; limitation on amount chatged by register of deeds; 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 governmental unit; limitation; recording certificate with county register of dee 17 ||redemption; property as site of environmental contamination; reduetion in amount neceskary 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, | 21 |] Section Identification of owners of property interest; ttle 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” 23 || 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 correc{ness by 26 |] person claiming property interest; filing objections; urder extending redemption period:lentry of judgment; specifications; failure to pay delinquent taxes, interest, penalties, and fees afibr entry of Judgments uppeal to court of appeals; recording judgment or notice of judgment; cancelation; 28 || submission of certificate of error. i8720/2015 09:00 Fax 19189481777 axd { || should be corrected immediately.” US v Tweel, 550 F2d 297, 299-300. ACTIONS FOR JUSTICE ( AXJ) FAX: 1 (818 ) 688-3156 CHAPTER IN MICHIGAN * These scams hit us right where we live, hurting homeowners, businesses, and the national economy. We have developed new wal and combat mortgage fraud, including collecting and analyzing data to spot cmerging tcc ‘the fact, rather than after the damage has been done. - FBI Aferomut Agrerer fe Per ct ths tecuncur) “Silence can only be equated with “{raud” when there is a legal or moral duty to speak, inquiry would be intentionally misleading...We eannot condone this shocking conduct, case we hope our message is clear, This sort of deception will not be tolerated and if this| “ Fraud vitiates the most solemn contracts, documents, and even juclgments” United Stal "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, CONCLUSION | Our Organization feels that the Defendant's‘Constitutional Rights to Due Process might ‘Violated and requests that the Defendants be granted legal representation by an Attomey| other side was represented by one, and without a Legal Counsel, this would not be a fais agree to take Judicial Notice of this request for a Potition for a Writ of Habeas Corpus. Dates 2/12/2015 7DDO | From foreclosure frauds to subprime shenanigans, mortgage (raud is a growing crime thrpat that is patterns. And we are using the full array of investigative techniques to find and stop crinfinals before ‘Throckmorton, 98 U.S. 61. | Based on the above we move the Court to Grant the Defendants the assistance of Legal Counsel, and Signed: A x 7 4 Fhooce Vine - Boos sto detect ids and xe When an f that is the is routine it sv, id is 0 LRA 630 ve been since the and just trial FILE NO. 15-!07-20-2015 09:01 Fax 18188461777 axd STATE OF MICHIGAN ISABELLA COUNTY TRIAL COURT BANK OF AMERICA, Plaintiff, y Pile No. 15-912-LT KATHY A. SMITH AND ALL OTHER UNKNOWN OCCUPANTS, Defendants, ee eicrmeenerrererensnaneenpeneasf EVICTION HEARING Mt. Pleasant, Michigan — Friday, July 10, 2015 APPEARANCES: For the Plaintiff: MR. JAMES D. VELDHUIS (P35068) Altorney at Law 108 8, University ‘Mount Pleasant, Michigan 48858 989-772-5299 In Pro Per Defendant: = MS. KATHY A. SMITH 110 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 BEFORE THE HONORABLE ERIC R. JANES, TRIAL COURT JUDGH | _ COPY Boos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 j: On oF about the month of July 2015, I was personally served notice of court proceedings to evict me rom my property located at 7287 W Fremont Rd in Blanchard Michigan by an Isabella county special 2. [attended 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 Visnex did ee have Standing to defend himself in the eviction proceedings taking place to evict him. >. Theodore Visner takes obvious objection to the wilful 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. Feet breach In the construction loan left Visner and Smith stuck in a property they could neither Anish, sell, refinance or insure and Visner and Smith stopped making mortgage payments on or about April 2009 as they waited for the alleged mortgage holder to come to terms with their breach ond etter solution §. Kathy Smith was also denied standing when her argument with regard tothe 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 479% complete has suffered tremendous damage since 2009, 10. Kathy Smith and Theodore Visner married in 2007 and remain married to this day. 11. 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 ert: 13. “AXJ Michigan” has been granted a full Power of Attorney in this matter as it related to myself and to this subject matter. Further Afgjant sayeth not. ‘Theodore Visner Date