Evicted at Gunpoint by Wells Fargo - But She OWNS The House and has a Court Order Not To Evict !

Originally posted by Doodle19815
I'm confused, why is she being evicted? Does she own the house outright?

A social worker as well as the head of the hospital that she was taken to have both written in support of Black being immediately returned to her home for medical care. She's actively trying to find someone in the legal community to take all the evidence and help her get back into the house she has owned and principally resided at since 1994.

blogs.ocweekly.com...

So why the eviction in the first place?

edit on 1-11-2012 by Doodle19815 because: To add source

That is unknown. I assume it's been a clerical error all along.

I first heard about this from a Change.org newsletter I get. ( a website for creating your own petitions) Ms. Blacks friend Linda Rife made a petition asking Wells Fargo to comply with the court order not to evict. www.change.org... 2&alert_id=ozoGEQcSnU_bicjZCsNTy

I didn't want to just post the newsletter, so I dug up links and extra info.

reply to post by Sissel


I see in the OP it says she owned it outright. Perhaps that is the confusion? She didn't own it outright is my thought. Perhaps she owned it in the way I own mine but still pay the mortgage bill? I am still a little confused.

Perhaps OP, you should remove the "outright" until proven otherwise.

reply to post by Sissel


www.stephengoldenlaw.com...

According to the Orange County Weekly, on the morning of October 10, Orange County deputies broke down Niko Black’s door despite a court order taped to it forbidding them to do so, put a gun in her face and crumpled up the court order. They then carried her out of the home in her wheel chair and left her on the sidewalk while they locked up her home. The deputies locked her medication and medical equipment in the house as well, denying her access to it.

Court order!

Thomas Friedman, a civil rights attorney at Stephen R. Golden & Associates said in an interview:
We have no information at this time about any claimed ‘standard operating procedure’ within the Orange County Sherriff’s Department. Second, we are currently more concerned with the clear, ongoing violation of Ms. Black’s right to remain in her home, in accordance with the Bankruptcy Court’s Order forbidding her removal, than we are in an unnecessary debate about applying standard procedure when dealing with severely disabled citizens. Isn’t the answer to that clear? Finally, we have no objection where a police officer employs a reasonable standard operating procedure when the situation is ‘standard.’ But, if a police officer enters a home with his or her weapon drawn, and is faced with a disabled, ill, one-hundred pound female, in a wheelchair, holding an order that precludes the very act the police officer is engaged in, then, I would ask, should we be discussing standard operating procedure, or using good judgment?

I think its self explanatory. They did this despite a court order telling them not to.

Originally posted by JohnPhoenix


That is unknown. I assume it's been a clerical error all along.

I first heard about this from a Change.org newsletter I get. ( a website for creating your own petitions) Ms. Blacks friend Linda Rife made a petition asking Wells Fargo to comply with the court order not to evict. www.change.org... 2&alert_id=ozoGEQcSnU_bicjZCsNTy

I didn't want to just post the newsletter, so I dug up links and extra info.

But why would Wells Fargo be evicting her if the home was paid for? Clearly she must have records proving so...right?

I think that this story has some propaganda to it, and that there is more to it that we are not privy to.

Originally posted by Doodle19815
reply to post by Sissel

 

I see in the OP it says she owned it outright. Perhaps that is the confusion? She didn't own it outright is my thought. Perhaps she owned it in the way I own mine but still pay the mortgage bill? I am still a little confused.

Perhaps OP, you should remove the "outright" until proven otherwise.

Right, and what I think this amounts to is, she filed bankruptcy because of her illness, and never agreed upon how she was l going to manage the mortgage payment with the bank if her home was included in the bankruptcy. What sort of bankruptcy did she file, etc....?????

It's a shame it happened, and that she is ill, but if she didn't reach a compromise with the bank, then.....

Something is not right about this. We just don't have enough info. And in regards to the police, I do think they used uncalled for force in this.

Originally posted by cconn487
At the very least they are being held accountable.

Even if she didn't own the home, pulling a gun out seems way over the top given the situation.

Breaking the law for disobeying the order not to evict. I would hope they would get charged with some kind of unlawful use of force pulling a weapon when they weren't supposed to be there in the first place.

I hope there is no slap on the wrist for disobeying protocols. Slaps on the wrist do nothing but let the offender know there is always the chance they can get away while breaking laws.

Oil exsectives are being shoot mob stlye. Banker excestives are having there childeren murderd. You would think Wells Fargo reads the news.

Wells Fargo Screwed me over too..... bastids

I really think she says it best, and with extreme dignity, and often in exhaustion and on the verge of tears:

www.stephengoldenlaw.com...

On October 10th 2012, Wednesday, early in the morning, before anything was even open, the Orange County Sheriff violated a Federal Court Order denying the Bank Well Fargo or any of their affiliates any rights to remove, evict me from my home, harrass me.

The Federal Judge denied a motion they brought that was an inch and a half thick because they had no right to my home, to my property, they have absolutely no right, they committed fraud. I have terminal cancer and they, in an attempt to steal from me while I'm sick and tell me, “What am I going to do about it because they will make sure it takes longer than I will stay alive?

They then violated a Federal Court Order that I went and got myself to protect myself, kicked in my door, I was sick in my bed I had to crawl down the hall to my wheelchair that was sitting by the front door, barely got into my wheelchair. I had the Federal Order taped to the Front Door and also ON FILE WITH ALL LAW ENFORCEMENT AGENCIES. They then kicked down my fences on my property.....I called 9/11, I called my local police department ….broke into my home illegally, violated a Court order, put a gun in my face....(she also has a copy of her Federal Court Order in her lap). They put a gun to my face, safety off, finger on the trigger, and they hurt me so bad they put me in the hospital. Carried me, dragged me from my home (they wouldnt let her have any medical things she needed or allow the neighbors to take the dogs just locked them up) and an abulance had to come and pick me up.

(IN TEARS) I stopped breathing. Died in the driveway.
....
(The have already stolen possessions while she was in the cancer ward)
….
I cannot get one law enforcement agency to uphold the law. And when I told the Garden Road??? Police Department that I was alone, that I had cancer, that I was in a wheelchair, and that the Orange County Sheriff was violating a Federal Court Order, put a gun to my face, threatening me, threatening my life, pulling me from my home illegally, violating my constitutional rights, and also the Americans with Disabilities Act, and a Federal Standing Court Order, the Police did absolutely nothing, and from this time have refused to even take reports.
…
I contacted the United States martial, I contacted the FBI. They told me that my local police department can, with that Federal Court Order, can immediately let me into my home, which is where all of my care is set up, my medical equipment, my nursing, my phsiotherapy, evertything. And beause they didn't know if I'm going to be alived long enough, because they have kept me from care, and ripped me from my home, and injured me so badly, I made a dying declaration.

So I'm telling you this story now, so if I do not make it, through this situation alive, that they will be held accountable.

These are very chilling words, and a horrible injustice has taken place.

And its exactly what I have thought, the bank is fraudently taking homes and they even mocked her, saying what are you going to do about this. We'll drag this out past your death.

In addition, the FBI told her her local police had the authority to ensure she was returned home that very day due to the Court Order but they are refusing to even take reports on this.

I love threads like this where everyone acts all shocked that someone's rights were violated.

What country did you think you were living in?

reply to post by JohnPhoenix

Allrighty then...Mrs Black did not pay her mortgage. The mortgage she originally had was with a different lender and it was sold to Wells Fargo.

I found this, which has the original court papers on the case.

justiceleaguetaskforce.wordpress.com... lack-never-even-had-a-mortgage-with-wells-fargo-2/

Niko Black v. National Mortgage Network et al Plaintiff: Niko Black Defendants: Atlantic & Pacific Foreclosure Services LLC, Carrington Mortgage Loan Trust Series 2006-NC2, Carrington Mortgage Services Inc, DOES, National Mortgage Network and Wells Fargo Bank N.A. Case Number: 8:2012cv00130 Filed: January 26, 2012 Court: California Central District Court Presiding Judge: Josephine Staton Tucker Referring Judge: Jean P Rosenbluth Nature of Suit: Real Property – Foreclosure

As to why Wells Fargo did not honor that she should not have been evicted is what the issue is here. As I said before that while I sympathize with this woman, she can't say she didn't owe money on her home simply because in her mind Wells Fargo was not her original lender.

Here is the interesting thing. If she were on the street, sick, and struggling, it is assumed the same exact same "police" would or should, help her. In denying to help her, they could be liable under the law. BUT, throwing her on the street and compromising her life, is just fine in this case as they were doing it on behalf of the bank.

Conclusion: If you are not a deadbeat, there is help for you. If you are a deadbeat, then whatever happens to you is your problem. Debtors are the scum of the earth - we're all debtors by the way, all of us.

Conclusion II: Money.


As for her health, and "race" being a part of this they should not. It only demeans her, the point is not about either her skin color or the quality of her health, the issue here, in this case, is solely about the pointless piece of paper the court issued which had no value whatsoever. The fraud here was committed by the court, who's rubber stamp meant nothing and the court knew it. While she can be hauled into the same court for contempt, the "officers" cannot.

Conclusion III: Court papers are useless against the gun.

Conclusion IV: Those with the gun serve their masters, not those they are supposedly entrusted to protect.

Has a banker ever taken a house back? Why does a banker use a public servant for their personal business? Who is an unbiased protector of the public?

Conclusion V: The public has no protector, no help, no unbiased support, not one system, person or organization who works for them exclusively.

reply to post by Sissel

Great catch on that The Sheriff's Office still has a lot to explain in kicking the door down for a disabled woman, all by herself like that and absolutely no threat to anyone, of course. That does go to explaining a fair piece of what I was wondering about though. The logic behind saying it was hers was a little confusing.

Given what they did and the fact they didn't stop when told the order existed...Well, I hope it's her house free and clear by the end of this and then some.

I'd say what she's been put through by abusive overkill in the process of violating a court order MORE than covers the cost of the house. Literally.

She's an Apache they used biologicals on to cull her off.

The throwing her out of her own home is just a successful tactic that will break her mentally and allow her immune system to stop fighting the biological agent in her body to kill her off.

KKK controls all the way. (Nazi 4th Reich ruling America).

Originally posted by Sissel
reply to post by JohnPhoenix

 

Allrighty then...Mrs Black did not pay her mortgage. The mortgage she originally had was with a different lender and it was sold to Wells Fargo.

I found this, which has the original court papers on the case.

justiceleaguetaskforce.wordpress.com... lack-never-even-had-a-mortgage-with-wells-fargo-2/

Niko Black v. National Mortgage Network et al Plaintiff: Niko Black Defendants: Atlantic & Pacific Foreclosure Services LLC, Carrington Mortgage Loan Trust Series 2006-NC2, Carrington Mortgage Services Inc, DOES, National Mortgage Network and Wells Fargo Bank N.A. Case Number: 8:2012cv00130 Filed: January 26, 2012 Court: California Central District Court Presiding Judge: Josephine Staton Tucker Referring Judge: Jean P Rosenbluth Nature of Suit: Real Property – Foreclosure

As to why Wells Fargo did not honor that she should not have been evicted is what the issue is here. As I said before that while I sympathize with this woman, she can't say she didn't owe money on her home simply because in her mind Wells Fargo was not her original lender.

edit on 1-11-2012 by Sissel because: (no reason given)

Your same link even says itself that she " owns her own home",(2nd paragraph below) not that she owes money on the house. If she lived there from a child, it's possible her parents paid off the house.

Yes, she did file bankruptcy but I can't find a direct correlation in the link to her filing and her owing money on the house.

Yes the plot thickens and I did some research on Ms. Black’s situation. As you recall, Ms. Niko Black was illegally forced out of her home by the Orange County sheriffs and Wells Fargo despite a bankruptcy court order not to do. Well, I just learned that Ms. Black never had a mortgage with Wells Fargo:

Niko has owned her home for almost 20 years — and has lived there since she was a child. She never even had a mortgage with Wells Fargo, and has entered into a civil suit around the fraud they have perpetrated against her, fraud that goes back many years. After she filed bankruptcy, the court sided with Niko and put a stay on Wells Fargo’s eviction.

Niko posted the court order on her front door. Despite this, officers from the Sheriff’s Department along with Wells Fargo employees harassed her on several occasions. Finally, on October 10, 2012 officers broke into her home and forcibly evicted her.

Now, lets suppose that she did have a mortgage and owes some money on the house - in many circunstances the courts can award the person the ability to stay in the mostly paid for house through a time of trail such as illness - and that person had all legal rights of a homeowner. I know this because i have ill friends down the street that are in the same situation. They tried to foreclose on her mostly paid off house her parents left her, and they got a court to overturn the foreclosure. They do have to pay something each month to keep the costs and banks satisfied but it's a very tiny amount and that comes out of their SS and disability.

This woman may have similar circumstances. Thanks for digging up that info. As far as i knew, and you can check the sources I posted, all indications said she owned her home. I had no indication otherwise.

reply to post by JohnPhoenixy


WELLS-FARGO...famous for Laundering Drug Money and Creating, Falsifying and Forging Mortgage Documents.

Originally posted by JohnPhoenix


Your same link even says itself that she " owns her own home",(2nd paragraph below) not that she owes money on the house. If she lived there from a child, it's possible her parents paid off the house.

No, I do believe what it says was SHE said she owned the home. There is a difference there. Perhaps there was a mortgage that her parents took out that she wasn't aware of? To me this whole shebang is confusing.

Now, lets suppose that she did have a mortgage and owes some money on the house - in many circunstances the courts can award the person the ability to stay in the mostly paid for house through a time of trail such as illness - and that person had all legal rights of a homeowner. I know this because i have ill friends down the street that are in the same situation. They tried to foreclose on her mostly paid off house her parents left her, and they got a court to overturn the foreclosure. They do have to pay something each month to keep the costs and banks satisfied but it's a very tiny amount and that comes out of their SS and disability.

Yes, agree because I know people in a similar situation, too.

This woman may have similar circumstances. Thanks for digging up that info. As far as i knew, and you can check the sources I posted, all indications said she owned her home. I had no indication otherwise.

edit on 1-11-2012 by JohnPhoenix because: sp

You are very welcome. I even will keep checking on this story because it seems like a lot of details are still missing.

reply to post by JohnPhoenix


This woman may end up becoming very, very, very, rich .....

reply to post by Pervius

and neo-nazis, among many other gangs have been signing up
in the armed forces in record numbers for quite a few years now
and the fbi KNOWS this, having numbers and all...

reply to post by Wrabbit2000

The convoluted wording of legalisms grew up around the necessity to hide from ourselves the violence we intend toward each other. Between depriving a man of one hour from his life and depriving him of his life there exists only a difference of degree. You have done violence to him, consumed his energy. Elaborate euphemisms may conceal your intent to kill, but behind any use of power over another the ultimate assumption remains: "I feed on your energy."

-quoted from Dune Messiah

Originally posted by Screwed
I love threads like this where everyone acts all shocked that someone's rights were violated.

What country did you think you were living in?

shh, violence will come to you if you point such things out to people
hasn't anyone ever told you that it's dangerous to wake sleepwalkers up?


funny how some seem to focus on attacking the victim, making her look like a deadbeat etc
even funnier is that some actually spent the energy to look for court transcripts,
to prove she owed money, so it's okay to kick peoples doors down and unleash violence on others, if they owe money.

the docs i'm suddenly curious about is the Plus Valia whats that property[or perhaps of the local area] worth that a big corp like wells fargo has gone out of it's way in this manner? and in violation of a court order?
they obviously know something we dont [though some of us suspect], to think they can do this with impunity.
i doubt it's an isolated incident because there are plenty of reports of similar case.
or is pervius right regarding motivation

Originally posted by Q33323
Older cops (50+) are usually easy to deal with. These younger ones are just plain mean. You don't even want to make eye contact with them, nor do anything to bring attention to yourself.

What they fail to understand is they aren't a cop 24/7 at some point in time the shift end and they have to go home and from there they are normal citizen... A LOT can happen before the next shift...

Originally posted by crankyoldman
Here is the interesting thing. If she were on the street, sick, and struggling, it is assumed the same exact same "police" would or should, help her.

They helped Kelly Thomas out of life and he was sick and on the street.