http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ia&navby=year&year=2006januaryiaapp
Judge Christensen struck Adams’ Resistance to Plaintiff’s Motion for Summary Judgment and awarded in favor of Wells Fargo. Judge Christensen in Fifth District Court ruled Adams resistance as being untimely in early 2003. To prevent the evidence Adams presented to the District Court from being entered into the court transcript that showed clear fraud by Wells Fargo, Judge Christensen found for Plaintiff by ruling Adams' Resistance to Plaintiff's Motion For Summary Judgment untimely. Adams cried out then, "Where Justice!" This ruling was over turned in a nunc pro tunc filed by Adams concerning a previous order from the another District Court judge that had given an order in favor of Adams for an extension of time that Adams had asked for in order to try and find an attorney.
Adams had spent weeks of phone calls to try to find an attorney and asking her own attorneys to help Adams gave up and used two weeks of time given by the court to file a resistance to Wells Fargo's request for summary judgment. At that point Adams had no idea that her attorney actually worked for Norwest/ Wells Fargo. Adams and her husband would not learn about this until 2005. Adams and her husband had to learn in a few short weeks how to make a filing of resistance to the request of summary judgment by Wells Fargo.
Unknown to Adams and her husband while Wells Fargo was pillaging and dragging Adams through the court. The county locally was transferring their house and property to their neighbors. They would not be aware of this until the Wells Fargo banker was telling his attorney "get her for fraud" at the end of the trial for the Replevin in October 2003. In the meantime what Wells Fargo and the sheriff did not already steal others help themselves to while Adams husband tried to keep her a safe distance from their home because she was still under continues threat by the local sheriff.
By 2006 when Adams was finally hoping for justice in the Supreme Court of Iowa for the illegal actions taken in the Replvin action. The Iowa Supreme Court bumped her back to the Iowa Court of Appeals. In her briefs Adams detailed each document that was submitting by the bank as evidence that was clearly and admittedly altered by "someone" in Wells Fargo according to the Wells Fargo banker in court. Judge Christensen ruled opposite of the testimony of even the bankers at the trial. Fully ignored the testimony the bankers gave of "Guessing" and "Guestimated". No viable proof was given to even that the payments were in arrears; the testimony of the banker claiming to have "guestimated" merely stated that the company was behind in payments. Wells Fargo did not provide records to show payments in arrears because they had shorted loan funds and did not credit payments properly. Adams detailed the deficiencies in the various amounts claimed owed by the Wells Fargo banker in all the filings Wells Fargo had created throughout the case. The amounts were clearly erroneous when compared with each statement given by the "Guesstimator" banker and each payment voucher the bank made up and submitted to the court.
If Wells Fargo had been compelled to prove their claim of default they would have had to show what they did to Adams corporate loan funds. The bank did not even have to show that the corporation was behind in payments only make statements by a banker that used "Questimating" to figure it out.
Even though the banker testimony was clear that even though he did not do it someone in Wells Fargo created and added the exhibit page to the UCC filing that only specifically claimed land Adams started the mine on. Nor could the banker tell the court exactly what corporation owed at any given time and exactly when a default occurred. Adams did not own the 399 acres that Wells Fargo was claiming on the UCC filing that was used to facilitate a cause of action. The bank used fraudulent documentation and false statements to the court and to SBA to concur and agree with their actions.
With the original UCC filing Wells Fargo took away the exhibit "A" they had provided Adams as to what was to be collateral for the loan, Adams and her husband's home the bank valued at $150,000.00. Judge Christensen claimed that false UCC filing was original as part of his final ruling. Ignored the testimony of the accurate ownership of the equipment that Wells Fargo had seized right down to the travel trailer Adams and her husband used (Wells Fargo sold the travel trailer at auction with no title) Wells Fargo had fired the original banker so he could not be found for that trial. He clearly states personal property was not a part of the corporate loan. He would not accept Rod's equipment for his wife's corporate loan for the mine.
Why would Wells Fargo wipe out Adams husband's landscaping business? Then keep Adams in court to run out the time limitations in Iowa state statutes?
In the final Order from the court of appeals however, by virtue of the omission of the word "properly" in the Supreme Court of Appeals the ruling was allowed to stand. Along with the facts of evidence and testimony showed the details that clear and concise erroneous bank created documents were supplied to the court by the bank. The appeals court struck these briefs that Adams wrote detailing the fraudulent actions of the bank. Adams had received an Order that stated all her briefs had been previously accepted by the Supreme Court. Alas the Supreme Court of Iowa denied justice by allowing Wells Fargo fraud to stand. As the attorney for Wells Fargo stated at the court of appeals, "Standard banking practices" of adding documents to a loan file and "Guessing", "Guestimating" and erroneous accounting measures. Accountability for wrongful actions denied.
In 2002, the initial attorney for Defendant Adams filed an incomplete Statement Of Robex. The original statement submitted to the District Court contains the following phrase, "no claim as an individual for any property "properly" included in this case". When Adams filed a Resistance she documented this and many discrepancies in the Plaintiff's voluminous filings. Adams Resistance was in fact filed timely and delivered in hand to Plaintiff's attorney and the Court. This attorney assured Adams Wells Fargo would have to provide accurate and proper documentation in order to take personal property. The initial judge instructed the attorney for the bank "Do not take anything you do not have make, model and serial number for". They did not! They took anything and everything they could using a hostile sheriff ("Have gun will travel") who just a few months before literally stole a dozer from Adams as their collector and enforcer for CitiCapital. It worked well for CitiCapital so Wells Fargo used the same tactics of using a hostile sheriff as a collection agency. The only difference is Wells Fargo skirted the law by getting a court order. Not that Wells Fargo abided in the courts instructions of "Do not take anything you do not have make, model and serial number for." Using the hostile sheriff with a court order without properly identification worked for Wells Fargo just like their made up papers in the loan were validatedeven though they were fakes. Make it look half good use threats and whatever works. Funny thing when you look at the history of the majority of executive/ceo's in Wells Fargo they worked for CitiCapital prior to taking charge of Wells Fargo. I cannot help but wonder if they were in cahoots with Citicapital in the dozer theft? That person who was my contact in CitiCapital was fired just the same as the original banker for Wells Fargo was fired.
The documents as posted at FindLaw do not reflect these and other discrepancies throughout the case. The reference to the case numbers were given to accentuate the fact that the Plaintiff seized Stubbs machinery and equipment without Stubbs being a party to the action. The court ruled in favor of Wells Fargo fully ignoring the phrase property "PROPERLY" that was in the initial filing in the body of their final decision. Striking Adams resistances and briefs that clearly outlined the fraud evidenced in court that the bank created was necessary for the court to preclude any charge of fraud against the Plaintiff. This measure proved successful. In the second case listed on Findlaw Adams was not a pro se defendant, either Find Law is in error or the information given to them is in error. Wells Fargo recieved a summary judgment award against Adams personally by Judge Christensen in the favor of Wells Fargo. The judge refused to allow a counterclaim or a trial for Adams could recieve justice and the fraud Wells Fargo committed could be dealt with and entered into court records. Justice was prohibited and major bank fraud committed by Wells Fargo against a small business owner and her husband was legalized by the courts of Iowa from October 2002 until January of 2006.
Wells Fargo has not had to answer for the misreported funds of the SBA loan, any of the false information that Wells Fargo gave to SBA, the misreported funds amounts or loan payments that Wells Fargo claimed was owing on the loan to the Iowa courts or any of the voluminous altered documents created by Wells Fargo in the loan account or the misreported funds that Wells Fargo reported to Adams and SBA. Wells Fargo can repeatedly lie, give false information to a borrower and SBA, the courts and get away with. Wells Fargo crushed a small business enterprise through deceptive illegal practices and stole my husband's business to insure my business could not survive.
In the 1970's and 1980's family farms were crushed to facilitate corporate farms. The Christensen family happens to own large corporate farms from Minnesota to Southern Iowa. For years now and today small family enterprises are crushed to make way for large corporations to control of federally funded projects such as road contracting and the federal farm subsidies available. It just so happens the Christensen family was also involved in the irregular property issues surrounding our land too. The proof is in the paperwork again. Property deeds made up from thin air or great great great grandchildren of property owners from ages ago signing quit claims deeds to create property transfers. At the county auditor's office and the recorders office penciling in owners and erasing actual property owners by county officials seems to work here in Southern Iowa. Then as in the case where the county had put Adams and her husband on land Adams parents owned, the tax assessor told the judge several times after the judge asked him, "Don't you use actual deeds to determine property ownership?" , "Give me a name judge I'll put it on there".
If one is not willing to partner or sign on with a large corporation or sign a waiver of rights when a major bank commits fraud upon you then you are subjected to court legalizing fraud such as the true record in this case proves.
Wednesday, September 20, 2006
Before Wells Fargo these were things faced daily
FOLANDS, IDOT, HALLET MATERIALS and the land the mine was on.
In 1997 Adams signed a lease for twenty years with Folands to start and operate a mining operation for sand and gravel on Folands property after Ronald Foland asked her to start a sand and gravel operation on his property. The initial lease agree the mine would be started on the land in sections 4 and 9 that Foland owned. The property Foland’s owned that was contiguous was a bottom ground area of 199 acres in sections 5 and 8. Adams agreed she would mine the areas in sections 4 and 9 first. Folands and Adams mutually agreed in the lease if the need arise later Adams could mine the areas in sections 5 and 8. The mining operation would provide high-grade construction materials locally to the Southern Iowa region.
Unknown to Adams until after the fact an Iowa Department of Transportation employee in 1999 talked to Folands at their home convincing them to have the lease with Adams cancelled through legal action. Telling the Folands if they would do this they (meaning persons within the transportation department) would bring in a large company that would start paying the Folands right away.
Folands had Adams serve papers by the sheriff’s office of Decatur County notifying her that they were demanding $20,000.00 or the cancellation of the lease. Adams checked to see what her options legally were with a recommended attorney George Frampton. During the meeting with Mr. Frampton and one Sean Pelliter Mr. Frampton informed her he represented Martin Marietta. He asked her if there were any problems with Martin Marietta. She responded not that she knew of she had gone to George May who worked for Martin Marietta at the time before signing a lease with the Folands. George had provided her with a lease as a pattern so she could write a lease between the Folands and herself. She had asked George if Martin Marietta would be interested in opening a mine there before she started the mine. The MM geologist that viewed the material was rude and not interested in starting a mine in Southern Iowa claiming “there is no sand in Southern Iowa”. George told Adams she should start the operation. Telling her “Becky you can do this try, try, try, take it as far as you can”. Mr. Frampton reviewed the lease and told her it look familiar as he wrote the original from MM that she had been given to use as a pattern.
Mr. Frampton asked her “What do you want? Do you want the farm?” She told him, “No I just want to do what I said I would do start a sand and gravel mine.” He said, “That’s all. You sure you don’t want the farm?” She replied, “No”. He told her in that case she should just get a hold of Lee Elson. Explaining to her she really need not need to spend the money it would take to hire him. He said “Elson can take care of this for you.” He also recommended that she call a friend of his Dick Sargent. Saying he can help you I think. She wrote down the name and phone number of his friend Dick Sargent.
Lee Elson filed the papers needed to address the situation with Folands and told Adams to just continue forward. This case would be settled the day of court outside of the courtroom in August 2000. Folands offered to sell the land to Adams. Adams told Foland she did not have the money so Foland gave her a purchase option good for one year from the date it was signed. If the option was not exercised the twenty year lease would still remain in effect from the starting date of the actual mining as the lease required. The start date for mining was agreed to be July 2000.
Several weeks after the agreement with the Folands on the land purchase option was made the main electrician for Hallet materials came to Adams/Stubbs house requesting landscaping services. He told Adams he was Hallet Materials main electrician. Explaining Hallets Materials was opening a huge sand and gravel mine down here. He said, “I am going to retire right here. I just built a new house right up the street at the edge of town.” Adams stood there listening to the man and said really! “Yup” the man stated, “They are dealing with some old woman and an older woman”. Adams considered the phrase “Old woman and older woman”. That could only be Doris Foland and Sandy Foland, Ronnie Foland’s mother and wife. He looked at Adams and she told him, “I did not know anyone else besides myself who owned a sand and gravel mine down here.” The conversation went back to the work the man wanted performed at his new house. Adams agreed to perform the work if her husband approved it for the electrician fixing a generator that her husband and her had bought. The man never completed the work he claim he would do for the landscaping work Adams performed with her husband’s tractor at his house.
Two major Hallet people had contacted Adams in 1997 asking her if should would get a DBE and let them be her partners. She asked, “What is a DBE?” they explain it was for disadvantage business enterprises and further explained to Adams that they wanted control of the multimillion dollar road contracts. They told Adams they would give her 20 percent over ride on the contracts they bid using her name. She told them she had been a contractor for 13 years in Idaho with DOT and never had to do that. She could not picture herself doing it now but write it all down and mail it to her. She would consider it.
In 1998 the big Komatsu dozer was sabotaged and the engine was destroyed. Before the spring season started in 1999 the engine of the dozer would have to be fixed. Running short of money after two years of getting the land ready to mine Adams elected to sell at discount a mortgage they held on a house that they had sold in Idaho in 1995.
In December 2001 the land purchase option was about to run out. Adams parents had just sold a property in Idaho. Adams asked them to buy the mine property. At least she would have some protection from the hostilities of people trying take over the mine like the DOT and Hallet Materials or any others that would illegally try to take over the mine. (NO! I can no longer think of mining at the place we dedicated our life savings and years at preparing to mine. My parents sold the land. They were afraid since the county had taken our house and transferred, refused to take my husband's name and my name off the county ownership records that Wells Fargo would steal their life savings also. So no land, no home in Idaho anymore. Rod's equipment is gone, we have not had water in this place since the Wells Fargo and sheriff raid. The pipes froze up throughout after the sheriff encouraged the propane man to take our propane and the tank. Yes the propane was paid for. It takes money to fix things when others break them. That is Life in Iowa!)
In 1997 Adams signed a lease for twenty years with Folands to start and operate a mining operation for sand and gravel on Folands property after Ronald Foland asked her to start a sand and gravel operation on his property. The initial lease agree the mine would be started on the land in sections 4 and 9 that Foland owned. The property Foland’s owned that was contiguous was a bottom ground area of 199 acres in sections 5 and 8. Adams agreed she would mine the areas in sections 4 and 9 first. Folands and Adams mutually agreed in the lease if the need arise later Adams could mine the areas in sections 5 and 8. The mining operation would provide high-grade construction materials locally to the Southern Iowa region.
Unknown to Adams until after the fact an Iowa Department of Transportation employee in 1999 talked to Folands at their home convincing them to have the lease with Adams cancelled through legal action. Telling the Folands if they would do this they (meaning persons within the transportation department) would bring in a large company that would start paying the Folands right away.
Folands had Adams serve papers by the sheriff’s office of Decatur County notifying her that they were demanding $20,000.00 or the cancellation of the lease. Adams checked to see what her options legally were with a recommended attorney George Frampton. During the meeting with Mr. Frampton and one Sean Pelliter Mr. Frampton informed her he represented Martin Marietta. He asked her if there were any problems with Martin Marietta. She responded not that she knew of she had gone to George May who worked for Martin Marietta at the time before signing a lease with the Folands. George had provided her with a lease as a pattern so she could write a lease between the Folands and herself. She had asked George if Martin Marietta would be interested in opening a mine there before she started the mine. The MM geologist that viewed the material was rude and not interested in starting a mine in Southern Iowa claiming “there is no sand in Southern Iowa”. George told Adams she should start the operation. Telling her “Becky you can do this try, try, try, take it as far as you can”. Mr. Frampton reviewed the lease and told her it look familiar as he wrote the original from MM that she had been given to use as a pattern.
Mr. Frampton asked her “What do you want? Do you want the farm?” She told him, “No I just want to do what I said I would do start a sand and gravel mine.” He said, “That’s all. You sure you don’t want the farm?” She replied, “No”. He told her in that case she should just get a hold of Lee Elson. Explaining to her she really need not need to spend the money it would take to hire him. He said “Elson can take care of this for you.” He also recommended that she call a friend of his Dick Sargent. Saying he can help you I think. She wrote down the name and phone number of his friend Dick Sargent.
Lee Elson filed the papers needed to address the situation with Folands and told Adams to just continue forward. This case would be settled the day of court outside of the courtroom in August 2000. Folands offered to sell the land to Adams. Adams told Foland she did not have the money so Foland gave her a purchase option good for one year from the date it was signed. If the option was not exercised the twenty year lease would still remain in effect from the starting date of the actual mining as the lease required. The start date for mining was agreed to be July 2000.
Several weeks after the agreement with the Folands on the land purchase option was made the main electrician for Hallet materials came to Adams/Stubbs house requesting landscaping services. He told Adams he was Hallet Materials main electrician. Explaining Hallets Materials was opening a huge sand and gravel mine down here. He said, “I am going to retire right here. I just built a new house right up the street at the edge of town.” Adams stood there listening to the man and said really! “Yup” the man stated, “They are dealing with some old woman and an older woman”. Adams considered the phrase “Old woman and older woman”. That could only be Doris Foland and Sandy Foland, Ronnie Foland’s mother and wife. He looked at Adams and she told him, “I did not know anyone else besides myself who owned a sand and gravel mine down here.” The conversation went back to the work the man wanted performed at his new house. Adams agreed to perform the work if her husband approved it for the electrician fixing a generator that her husband and her had bought. The man never completed the work he claim he would do for the landscaping work Adams performed with her husband’s tractor at his house.
Two major Hallet people had contacted Adams in 1997 asking her if should would get a DBE and let them be her partners. She asked, “What is a DBE?” they explain it was for disadvantage business enterprises and further explained to Adams that they wanted control of the multimillion dollar road contracts. They told Adams they would give her 20 percent over ride on the contracts they bid using her name. She told them she had been a contractor for 13 years in Idaho with DOT and never had to do that. She could not picture herself doing it now but write it all down and mail it to her. She would consider it.
In 1998 the big Komatsu dozer was sabotaged and the engine was destroyed. Before the spring season started in 1999 the engine of the dozer would have to be fixed. Running short of money after two years of getting the land ready to mine Adams elected to sell at discount a mortgage they held on a house that they had sold in Idaho in 1995.
In December 2001 the land purchase option was about to run out. Adams parents had just sold a property in Idaho. Adams asked them to buy the mine property. At least she would have some protection from the hostilities of people trying take over the mine like the DOT and Hallet Materials or any others that would illegally try to take over the mine. (NO! I can no longer think of mining at the place we dedicated our life savings and years at preparing to mine. My parents sold the land. They were afraid since the county had taken our house and transferred, refused to take my husband's name and my name off the county ownership records that Wells Fargo would steal their life savings also. So no land, no home in Idaho anymore. Rod's equipment is gone, we have not had water in this place since the Wells Fargo and sheriff raid. The pipes froze up throughout after the sheriff encouraged the propane man to take our propane and the tank. Yes the propane was paid for. It takes money to fix things when others break them. That is Life in Iowa!)
Monday, September 18, 2006
"What's your price?"
http://freedom-of-speech-infringed.blopspot.com/
This link contains "Whats Your Price?"
Do you have a price or has your price already been paid. We each have choices in life. I choose to follow what I know is right and good. Evil can overtake us to quickly if we let it. I refuse to be a part of a corrupt corporate fleecing of the federal funds if I can help it. freedom of speech tells of one incident that happened since I started the mine in 1997.
Please forgive my inability to get the whole story online at once as I write these events down. It has taken the first month just to keep these pages alive and not be just more dead space in Cyberland. I am not a writer so have patience in you can. These things took a few years to transpire and the last three years has been spent trying to defend ourselves and survive while being in the Wells Fargo "Gourmet Grinder".
This link contains "Whats Your Price?"
Do you have a price or has your price already been paid. We each have choices in life. I choose to follow what I know is right and good. Evil can overtake us to quickly if we let it. I refuse to be a part of a corrupt corporate fleecing of the federal funds if I can help it. freedom of speech tells of one incident that happened since I started the mine in 1997.
Please forgive my inability to get the whole story online at once as I write these events down. It has taken the first month just to keep these pages alive and not be just more dead space in Cyberland. I am not a writer so have patience in you can. These things took a few years to transpire and the last three years has been spent trying to defend ourselves and survive while being in the Wells Fargo "Gourmet Grinder".
Sunday, September 17, 2006
Iowa Supreme Court Case No.
A replevin in Iowa means you can take whatever you want from someone regard of of who owns it. Make up papers and make a claim it worked for my banker. It does not matter if they were papers you had no clue were added to your loan or even if you have full proof and documentation showing the bank made the papers up. Iowa Supreme Court case 04-0292
If the bank asks for summary judgment a year after they stripped you and your family, which made it impossible for you to pay payments. They will get summary judgment, no trial nothing. You will not get an oppurtunity to even be heard in court. Iowa Supreme Court case 04-0292
It is just as a recent poster said on Greggman's postings, "They own politicians, judges and all sorts of other influential people that keep their a** off the chopping block". I do believe this to be true. Personally I would not want to be own by such persons.
If the bank asks for summary judgment a year after they stripped you and your family, which made it impossible for you to pay payments. They will get summary judgment, no trial nothing. You will not get an oppurtunity to even be heard in court. Iowa Supreme Court case 04-0292
It is just as a recent poster said on Greggman's postings, "They own politicians, judges and all sorts of other influential people that keep their a** off the chopping block". I do believe this to be true. Personally I would not want to be own by such persons.
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