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----- Original Message ----- From: "SilverDollar" <[email protected]> To: "SilverDollar" <[email protected]> Sent: Monday, January 26, 2009 7:40:43 AM GMT -08:00 US/Canada Pacific Subject: FWD: Foreclosure Action- Illegal SWAT eviction attempt shut down. ---------- Forwarded message ---------- From: Jay Vincent < [email protected] > To: undisclosed recipients: ; Date: Sun, 25 Jan 2009 23:47:05 -0800 (PST) Subject: Fw: PRESS RELEASE- Illegal SWAT eviction attempt shut down. PLEASE FORWARD THIS EMAIL TO EVERYONE INTERESTED IN THE TRUTH. First, watch the following Youtube Videos concerning this: http://www.youtube.com/watch?v=bBKwZhjt54g [Purported "Clerk of Court" with a conflict of interest] http://www.youtube.com/watch?v=sRJAtf3tRo4 [UNLAWFUL SWAT EVICTION ATTEMPT (part 1)] http://www.youtube.com/watch?v=WY54zh486l4 [UNLAWFUL SWAT EVICTION ATTEMPT (part 2)] http://www.youtube.com/watch?v=NkgJuAnKjKw [UNLAWFUL SWAT EVICTION ATTEMPT (part 3)] NEIGHBORS TERRRIFIED AFTER UNLAWFUL SWAT TEAM FORECLOSURE ATTEMPT PRESS RELEASE BY HEZEKIYAH LAND TRUST Davidson County, North Carolina While the new President of the United States was taking his oath of office in Washington D.C. on January 20th, local Davidson County politician and Sheriff David Grice was embarrassed and stood with foreclosure egg on his face after a botched attempt to serve what later proved to be an unlawful eviction. Grice, accompanied by 14 patrol cars, nearly 20 armed deputies, his SWAT team and a county commissioner, had their dangerous seizure thwarted after being convinced by phone that their actions were illegal and that the proof was available as a matter of public record at his own Register of Deeds office. Jay Vincent, authorized representative of the HEZEKIYAH LAND TRUST ("HLT"), the owner of the property, spoke with Sheriff Grice by phone during the dangerous encounter in the Tyro community and encouraged him to stand down, because the Trustee of the Trust, ultimately Vincent, in this case, had not been served any of the process for foreclosure, even though HLT has publicly noticed it's ownership of the property, and how to contact it. The unlawful eviction was spearheaded by acting (and, according to statute, illegitimate) Clerk of Court, Brian Shipwash and representatives of Deutsche Bank National Trust Company through a law firm, Shapiro and Ingle of Charlotte. [Deutsche Bank has had numerous problems foreclosing, due to lack of proper documentation, which courts have used to dismiss Deutsche Bank's claims as improper.] The occupants of the dwelling, Robert and Patti Griffith stated that Sheriff Grice seemed to be an extremely kind and gentle man. They did agree however, with the suggestion that his passiveness could have cost them their lives. Does a brigade of 14 deputy vehicles, 20 some officers and a SWAT team operate independently without the knowledge of the high Sheriff of the county? All of the events of the attempted eviction were captured on video by Mr. Griffith's daughter Audra. When the siege was over, Rick Lanier, former county commissioner, along with his wife Pat participated in a video conversation that included Sheriff Grice, Mr. Griffith and his daughter Audra on the front porch of the dwelling. Rick Lanier stated that "this was all done for a show." When the issue of lawful filings and proper paperwork was brought up, Sheriff Grice conceded saying, "I'll just be perfectly honest, I'm not that up on this aspect of it… some of my guys are supposed to be." Pat Lanier's comment to the Sheriff was, "…y'all are probably used to some of these situations everyday…" to which the Sheriff replied, "well, it's not… not to the extent that this… and I mean this with all due respect…" then he looked at the occupant of the dwelling and continued, "you have known the law and… of course, some of these other people have uh, have uh, not uh, uh, we'll better stop while I'm ahead… have not… have not gone… taken it uh, to the extent, more for a better word, as you have." It's not been determined as yet whether he was referring to the rouge Clerk of Superior Court, Brian Shipwash or his own civil officers whose job it is to make certain that all papers are legal before engaging in this type of dangerous process. "I can't imagine them being satisfied with the validity of any foreclosure event based solely on the word of a banker" said Griffith. Frightened neighbors and the elderly were calling relatives and friends trying to gather information as to why SWAT team members were huddled in ditches and behind trees and advancing upon their neighbor's home…. Upon the conclusion of the telephone conversation with Vincent and a final word from Griffith to Sheriff Grice and county commissioner Larry Potts through a closed front door, Sheriff Grice got on his radio and advised all SWAT team and personnel to leave the area immediately… What did Griffith say to commissioner Potts and Sheriff Grice? He reiterated the fact that he had no capacity to speak for the HEZEKIYAH LAND TRUST but that the information was available online from the Davidson County Register of Deeds Office as a matter of public record. When confronted as to why he had chosen to display such a show of force in an eviction involving a man, his wife, daughter and grand daughter who were armed only with a Wurlitzer Piano which they had used for nearly thirty years in Christian ministry, Grice stated that it was said that someone thought they saw a person holding a rifle with a scope. That turned out to be a video camera. Grice also stated that officers have been shot doing this type of civil process… One can imagine why officers are shot, if every foreclosure includes SWAT teams, 14 cars, 20 officers and sharp shooters. Griffith also had been made aware that a representative for the bank had accompanied officers to the failed eviction and pondered the reasoning which would allow such a thing. It was Griffith's opinion that this exaggerated show of force was to intimidate him and his family into unlawfully vacating the premises though he knew all along that the trustee of the land trust had never been served any of the papers required by due process in accordance with the law. Griffith and Vincent are strong advocates of individual rights and are concerned over the millions of foreclosure procedures now being experienced across the US. Their concern is that many Americans do not know their rights concerning foreclosure and believe that, on many occasions, citizens are intimidated and frightened into moving out of their homes. The reality is, from Vincent's years of research and documentation, most of the time, the foreclosure process is neither valid nor legal. It is apparent by this incident, that many times government, law enforcement and the banking industry are in collusion, seemingly doing whatever they can get away with. Actually, the office of the Clerk of Superior Court becomes a bank during these instances of foreclosure, and gets paid to complete the foreclosure. This gives little reason for transparency and may suggest why the Clerk's office and the bankers would try to railroad illegal eviction using an unsuspecting Sheriff. Griffith and Vincent have been in contact with the former Sheriff of Davidson County, Gerald K. Hege and requested his advice on the matter. Although he declined to give legal advice, Sheriff Hege stated that, based on his experience in the past, since the home is a part of a "land trust" this type of proceeding would have to be dealt with through the trustee of the trust and not the occupants of the dwelling. Vincent pointed out that the former Sheriff's assessment was confirmed and highlighted by the fact that the red-faced deputies had to load up their assault and SWAT rifles and were visibly upset after being told by the Sheriff Grice that they had to leave. Grice said, "see, they're [his deputies and the bank representative maybe?] mad at me now for walking up here." Vincent says that instances like this are commonplace with foreclosures across America. On numerous occasions, requests and subpoenas have been served on Deutsche Bank and the office of acting Clerk of Superior Court, Brian Shipwash to deliver the valid, legal instrument of foreclosure required by every deed of trust… after many meetings, formal and informal with the acting clerk of Superior Court, Brian Shipwash, there has been no compliance whatsoever. Griffith and Vincent feel they have been brushed off by these officials. Since nearly two dozen weapons were being pointed at the residence, the public officials' disregard for lawful filings could have easily ended in serious bodily injury or even death in the home and quite possibly to others in the neighborhood. Now, Griffith and his wife have removed the Wurlitzer piano from the home and are hoping that a SWAT team is no longer needed for any legal issues involving Brian Shipwash, or the Davidson County Sheriff. One important note is that Vincent, prior to the foreclosure taking place, obtained a certification from Anne Burkhart, Clerk to the Davidson County Board of Commissioners, (who is the custodian for county oaths of office) that there is no oath of office in her files for Sheriff, Register of Deeds, or Clerk of Superior Court, all of which are required to file with Burkhart by North Carolina General Statutes §153A-26. It was immediately after Vincent filed this certification into the foreclosure file, that things went downhill for Vincent and the Land Trust, and they were eventually prohibited from filing anything into the case, or seeing the entire file, which is illegal, and amounts to denial of access to the courts. Vincent said: "I believe that Brian Shipwash is running a kangaroo court, and simultaneously, a vacant office. To both of these, the Attorney General Roy Cooper has been alerted before, in this and other foreclosures, and the Attorney General's response has been to turn a blind eye." This really begs the question, who is government protecting, us, or them? The irony is, that while the banks are being bailed out, and while most Americans are waiting for the "bailouts" to keep the banks afloat, there are no bailouts for the common man. The rest of us are eating saltine crackers while being view through the scope of a sniper's assault riffle. TO ALL MEDIA: Video of this incident is on file and can be made available to you after negotiating release agreements… ***************[THE POSTER OF THIS VIDEO (ForeclosureFraud Youtube account a/k/a HEZEKIYAH LAND TRUST) ( [email protected] ) IS THE HOLDER OF THE COPYRIGHT/AUTHORSHIP OF THIS VIDEO, AND THIS VIDEO AND THE WORDS OF THIS PRESS RELEASE REMAIN(S) THE PROPERTY OF THE HOLDER and/or assigns] ANY UNAUTHORIZED USE OF ANY PART OF THIS VIDEO SUBJECTS THE UNAUTHORIZED USER TO A RESULTING TRUST, THE TERMS AND CONDITIONS OF SAID RESULTING TRUST ARE AUTHORED BY TRUSTEE HEZEKIYAH LAND TRUST and/or assigns, AND OF WHICH THE UNAUTHORIZED USER IS BENEFICIARY AND SUBJECT TO THE TERMS AND CONDITIONS AS WRITTEN BY THE TRUSTEE. (author assures no value assumes no liability, and offers no recourse) Youtube.com is hereby authorized to display this video for viewing, without liability, however this authorization is revocable by the poster, upon withdrawal of the video or request to youtube.com.]**************** FORECLOSURE, FRAUD, CORRUPTION, GOVERNMENT, EVICTION, TERRORIZING FAMILIES, POLICE STATE, POLICE POWER, SWAT Documents attached are: 1. A certification by Anne Burkhart that no oath of office is filed in her custody for Sheriff, Register of Deeds, or Clerk of Superior Court. (as required by NCGS 153A-26, and I can show you the connect the dots on this one, if you so desire.) 2. Copies of all the subpoenas served, including one for Brian Shipwash, who presided over the initial hearing in spite of being subpoenaed to that same hearing to testify as a witness. 3. Notice to Brian Shipwash that HEZEKIYAH LAND TRUST has been served NO NOTICE of any continuance of any hearing, and thus considers the matter closed. Even though this registered mail was delivered to Shipwash's office, no response was issued to HLT. 4. Return Receipt for the above notice 5. A PUBLICLY RECORDED Notice of Deed into trust, which was recorded 5 days before a foreclosure (special proceedings) started. 6. Deutsche Bank's admission that they do not hold the Note, as their Trustee claimed in the foreclosure filing. Know who you are (Psalm 100:3) Know who has the burden of proof (John 18:37) Never argue (Exodus 14: 13-14) Know your remedy (Psalm 107:20) IMPORTANT MESSAGE All communication sent and offered to Jay Vincent is accepted for value, on the condition that value is proven using fact(s) and testimony, minus any presumptions; and All communication sent by Jay Vincent and/or issued from Jay Vincent: • is private; and • is non-negotiable; and • is exempt and immune from lien, levy and/or seizure; and • is confidential; and • is minus any grant of authority for disclosure, and/or reproduction, and/or use by any person, party, recipient, man, woman, or government, quasi-government, municipality, corporation, or other entity; and • is offered without recourse; and • is null and void when not signed in blue ink and thumbprinted in red ink by Jay Vincent; and • is offered only for entertainment; and • effects a resulting trust when used, reproduced, reprinted, or copied by anyone other than Jay Vincent, and said user, reproducer, reprinter or copier of Jay Vincent's communication is the beneficiary (hereon "beneficiary"), and Jay Vincent, and/or assigns is settlor and sole creator of the terms and conditions of said resulting trust, and the terms include an unlimited, durable, irrevocable, perpetual power of attorney vesting Jay Vincent and/or assigns with the authority for acting as attorney-in-fact for the beneficiary, and the beneficiary irrevocably grants such power of attorney and agrees that a resulting trust is effected at the moment the beneficiary either uses, reproduces, reprints, or copies any communication from Jay Vincent; and, • remains the property of Jay Vincent and/or assigns; and • is absent the possibility of being advice, regardless of wording; and • is non-transferrable; and • is non-assignable; and • is non-negotiable; and Jay Vincent reserves all rights with prejudice, without recourse, and waives none at any time, for any cause or reason; and Jay Vincent is at all times acting absent individual capacity, absent capacity as a U.S. person, and absent assumption of liability, absent assurance of value, and absent receipt of any benefit. YOU ARE WITH NOTICE. GOVERN YOURSELF ACCORDINGLY
