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:John-Henry: Doe One of the People of Idaho 2719 South Banner Ct, Nampa, Idaho

In the District Court of the Third Judicial District of the State of Idaho in and for the county of Canyon John-Henry: Doe and Margie-Dawnell: Doe ) Plaintiffs, ) ) ) vs. ) ) IDAHO HOUSING AND FINANCE ) ASSOCIATION dba Mortgage Services Group, and Ryan M. Fawcett, Esquire and ) Skinner Fawcett LLP and Gary D. DeMeyer ) ) d/b/a JUDGE GARY D DEMYER ) ) Defendants ) ) ) ) ) ) Case No.: _________________________ Re: CV 2011-12345 VERIFIED COMPLAINT:

1. REQUEST FOR TEMPORARY


2.

3. 4.

5. 6.

RESTRAINING ORDER AND PRELIMINARY INJUCTIVE RELIEF FOR DENIAL OF DUE PROCESS FOR FRAUD, and PERJURY OF OATH BY JUDICIAL OFFICERS IN THE NATURE OF A COLLATERAL ATTACK AND PETITION TO VACATE A VOID JUDGMENT IN CASE CV 2011-12345 IMPOSITION OF A CONTRUCTIVE TRUST JUDICIAL NOTICE

JURY TRIAL DEMANDED

COMES NOW, :John-Henry: Doe and Margie-Dawnell: Doe people of Idaho in this court of record, hereinafter Plaintiff, and complains of IDAHO HOUSING AND FINANCE ASSOCIATION d/b/a Mortgage Services Group (IHFA), and Gary D. DeMeyer d/b/a JUDGE GARY D. DEMYER, et al., each individually, and in their official capacities as officers of their respective companies named above (hereinafter "Defendants") for their numerous acts of fraud upon the court and Plaintiff and for denial of due process to plaintiff, inclusive of any and all judicial and/or non-judicial proceedings, including without limitations, Defendants purposeful fraud in attempting to appear as JUDGE to the court. Defendant DeMeyer is well aware that the court did not have jurisdiction, and lost jurisdiction (for denial of due process) in case number CV 2011-12345; that GARY D DEMEYER vacated the bench, and therefore was not authorized to issue any kind of ruling in case number CV 2011-12345 .
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Plaintiff hereby reserves ALL RIGHTS, including without limitations, the Right to join any and all other parties including new parties that Plaintiff may discover at any time during the proceeding. It is now incumbent on this court to query Defendants as to their lawful positions in this instant matter. MANDATORY JUDICIAL NOTICE This court is noticed: (1). Party petitioning to vacate judgment is proceeding via collateral attack, (2). Party collaterally attacking void judgment is invoking the ministerial side of the court the court is deprived of judicial discretion, (3). Party asserting that the court had jurisdiction has the burden of proof to show on the record that the court had jurisdiction, and (4). Where the face of the record verifies jurisdictional failings, the court has a nondiscretionary duty to vacate the void judgment. No mischief by this court such as dismissal of this petition, sua sponte or otherwise or inappropriately setting the matter for hearing will be tolerated. Full Faith and Credit Clause, the familiar name used to refer to Article IV, Section 1 of the United States Constitution, addresses the duties that states, within the United States have to respect the "public acts, records, and judicial proceedings" of other states. 28 U.S.C. 1738: Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the US and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken. This court is noticed: IHFA, putative creditor in this case, had no standing to bring a foreclosure action against Plaintiffs for the reason that IHFA has never offered credible evidence it is the owner and holder of the obligation granting it authority to take any action against Plaintiff contrary to Idaho Commercial Code Title 28-3-302 (a) (c) (e) and 28-3106(d), 28-3-104(A)(1)(2)(3)(a)(b)(c), 28-3-306 and specifically 28-3-104(a)(1)1 as IHFA has had notice and opportunity to produce and prove ownership of John-Henry: Does original wet-ink signed Note on at least three different occasions and has failed to do so. Upon putative sale of the subject property, IHFA had a mandatory duty to return to Plaintiff the original note/security, which it had to have as its authority to foreclose. IHFA has refused to produce
1

See Memorandum of Law Exhibit 1-A page 2 attached

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said note/security, thereby admitting it does not have said note/security, and had no authority to foreclose. SUMMARY OF ACTION This is a case involving John-Henry: Does special appearance as the Executor, Beneficiary and Heir of the Legal Estate of JOHN HENRY DOE and, John-Henrys challenge to jurisdiction as to subject matter and in persona, in case number CV 2011-12345; due to fraud, and wrongful foreclosure by Defendants IHFA, and entry of a void judgment by Gary D. DeMeyer (DeMeyer). By the complaint Plaintiff seeks vacation of the void judgment, monetary and statutory damages for DeMeyers violation of Plaintiffs due process rights, as well as his refusal to acknowledge John-Henry: Does special appearance. DeMeyer denied John-Henry due process by his refusal to acknowledge the fraud reported to him, by his refusal to perform according to his accepted oath of office, and, by his refusal to acknowledge the bank's default on the charges. DeMeyer ceased to be impartial and vacated the bench. DeMeyer clearly ignored the fact that the original wet-ink signature note was required to be returned to Plaintiff after the "sale" but was not returned. DeMeyer clearly ignored the fact that IHFA never had the note (the basis for IHFAs foreclosure action against Plaintiff). Further, Plaintiff seeks restitutionary relief and monetary damages for IHFAs fraud upon Plaintiff; restitutionary relief from Defendants Ryan M. Fawcett, Esquire and Skinner Fawcett LLP et. al., for violation of the attorney code of professional conduct; restitutionary relief from Defendant DeMeyer for perjury of DeMeyers Oath of Office, for aiding and abetting IHFAs fraud and that of IHFAs agents, namely Defendants Ryan M. Fawcett, Esquire and Skinner Fawcett LLP et. al. JURISDICTION

1.

The events that form the basis of this complaint occurred in Canyon county, state of Idaho and within the jurisdiction of this court. Jurisdiction is proper in this court because at least one of the Defendants is located in this judicial district. Defendants, upon information and belief, do substantial business within this judicial district and the controversy involves real property.

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2.

This Court is vested with full authority to hear any and all claims asserted herein, including Federal Claims, pursuant to the Reverse Erie Doctrine as set down by the High Court in Offshore Logistics v. Tallentire, 477 U.S. 207 (U.S. 1986). In short even if the case is brought before the state court, the state court must follow federal statutory and general maritime law: 2 & 3
PARTIES

3.

Plaintiffs are each one of the people domiciled in Canyon County, Idaho.

Defendant Gary D. DeMeyer d/b/a JUDGE GARY D. DEMYER (DeMeyer) is an individual and corporate entity domiciled in Idaho and upon information and belief appears to be registered to do business in Idaho. Defendant IHFA, alleged lender and alleged plaintiff in the eviction action No. CV 2011-12345, is a corporation, with a listed address of 565 W. Myrtle, Boise, Idaho 83701. 6. 7. Defendant Ryan M. Fawcett (Fawcett) is an attorney of SKINNER FAWCETT LLP and individual under oath to obey the professional code of conduct. Defendant SKINNER FAWCETT LLP (FAWCETT) is a professional corporation domiciled in Idaho, and upon information and belief appears to be registered to do business in Idaho. STATEMENT OF FACTS

8. The record shows Plaintiff (in this case), John-Henry: family of Doe, (John-Henry) third
party intervener, (in case no. CV 2011-12345), with authority as donor grantee executor and beneficiary, with a superior claim against the estate DUANE K. DOE, was denied due process during the Hearing conducted on 01/05/12. When John-Henry was invited to speak by DeMeyer, John-Henry spoke just seven words before DeMeyer ordered JohnHenry to stop. Whereupon John-Henry, mindful of his right to be heard, attempted to
See generally Peterson v. United Accounts, Inc. 638 F.2d 1134 (8th Cir. 1981): 3 We agree with the district court that Burleigh County District Court of the State of North Dakota, the court before which the state cause of action is pending, is a court of competent jurisdiction under this provision of the FDCPA. Hence, the FDCPA claim may be heard before that state court. See also Cooley v. Wachovia, Chase Manhattan et al., 365 BR 464 (March 13, 2007) State Courts have concurrent jurisdiction to hear TILA claims.

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continue, but was stopped when DeMeyer commanded him to SHUT-UP! Thus, DeMeyer denied John-Henry his due process right to be heard. And, due to John-Henrys prior acceptance of DeMeyers oath of office, (i.e. to uphold the law and John-Henrys rights there under), DeMeyers refusal to hear John-Henry, or to accept John-Henrys Notice of Felony, constitutes a denial of due process, and is a perjury by DeMeyer of his oath of office.

9. DeMeyer is not free to utterly ignore evidence on the Record, nor is he free to ignore
evidence of IHFAs default in John-Henrys wrongful foreclosure lawsuit4. DeMeyers Oath of Office requires DeMeyer to do substantial justice and it does not permit DeMeyer to wrongfully evict the true owner of the property, as evidenced by JohnHenrys good title to the subject property. (See public record acknowledgment of the Warranty Deed, and the public record default and dishonor by IHFA.)

10. DeMeyer had no basis to refuse John-Henrys Notice by Affidavit of Felony crime. JohnHenry presented the signed, sworn and sealed Notice by Affidavit of Felony Crime5 which DeMeyer refused to accept. DeMeyer had a duty to accept said Affidavit pursuant to USC 18 4. By DeMeyers refusal to accept said Affidavit, DeMeyer breached Federal Law at USC 18 4 and became complicit in the crimes reported in said Affidavit.

11. The record shows John-Henrys pending Wrongful Foreclosure suit against IHFA, filed on
11/17/11 with a scheduled hearing on 02/02/12.

12. Fawcett and FAWCETT knew, or should have known, that in order for him to comply
with the code of professional conduct and his oath of office, he was required to conduct a diligent search to determine if IHFA was in fact the holder in due course with authority and standing to foreclose. Nothing on the record shows that IHFA is the owner or holder in due course of the note/security, now the property of Plaintiff.

13. It is public record fact that IHFA was given notice and opportunity to collect legal tender
funds from Gayle Sullivan, Notary Public and Escrow Agent, on 11/30/10, via certified mail #7010 0780 0000 2196 3471 in exchange for Plaintiffs original promissory note, after Plaintiff agreed to accept IHFAs contractual offer to collect $203,000.00 in
Exhibit 2-A Wrongful foreclosure suit Case # CV 2011-11495 filed 11/17/11 3rd Judicial District Idaho Exhibit 3-A NOTICE BY AFFIDAVIT OF FELONY CRIME dated 01/04/12 & filed 01/05/12

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November 2010.6 IHFA failed to do so and subsequently defaulted upon and dishonored its own offer to collect and to return the original note/security, (the basis of their alleged authority).

14. Plaintiffs Plea in Abatement and Mandatory Judicial Notice in case no. CV 2011-12345
with all exhibits is incorporated as though fully stated herein.

15. The Record shows Plaintiffs good title predates the defective title obtained by IHFA on
Plaintiffs property and IHFAs bad title is rendered void due to the clear record of Plaintiffs good title. 7

16. IHFAs failure to comply with RESPA deprived IHFA of any authority to proceed with
the non-judicial foreclosure. IHFAs failure to comply with the Real Estate Settlement Procedure Act (RESPA) is a statutory violation and is prima fascie evidence that IHFAs conduct is in bad faith.8 17. It is abhorrent and repugnant to the concepts of fairness and equity for Defendant IHFA to be allowed to kept the real property and all interest therein AND the Plaintiffs genuine wet-ink signed original promissory note (NOTE) and all interest therein and leave Plaintiff with nothing: See: JAMES F. JOHNSTON and SANDRA JOHNSTON, Appellants, v. JEANNE HUDLETT, Appellee. No. 4D08-4636 [March 31, 2010] DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT, January Term 2010 Moreover, in the case of original mortgages and promissory notes, they are not merely exhibits but instruments which must be surrendered prior to the issuance of a judgment. The judgment takes the place of the promissory note. Surrendering the note is essential so that it cannot thereafter be negotiated. See Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 726 (Fla. 5th DCA 2004). The judgment cancels the note. 18. More simply stated:
Exhibit 4-A 1st time Conditional Acceptance of IHFAs offer dated 11/09/10; Exhibit 5-A Certified copy of Acknowledgment of Warranty Deed that predates any Trustees deed filed by purported agents for IHFA
8

Exhibit 6-A QWR accepted by IHFA on or about 11/15/10 with no verifiable response. The available damages for violation under 12 U.S.C. 2605 as follows:(1) Individuals: actual damages plus $2,000; (The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law on July 21, 2010.)

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a.

Defendant, IHFA, deposited Plaintiffs' Note as an asset of the bank, but,

failed to credit Plaintiff or provide a receipt, thereby converting Plaintiffs' note to the banks profit and use; using Plaintiffs' funds to fund the putative loan. Plaintiff never received a loan from IHFA. b. Defendants are attempting to take back the real property from

Plaintiff; c. Defendants MUST then return the NOTE to Plaintiff if Defendants are

successful in unlawfully converting Plaintiffs real property to Defendants use; d. Defendants cannot by law be allowed to have both the real property and

the NOTE, such is also inclusive of all copies, certified or not, of the NOTE; e. Plaintiff cannot be stripped of all rights and possession of both

the real property and the NOTE; f. The law of equity requires that neither party have both the

NOTE and the real property; g. Defendants filed false and/or forged documents in a public office

in Idaho, each filing being a felony under Idaho law; h. Title 28 of the Idaho Revised Statutes requires Defendants to

return the Genuine Original Promissory Note and all copies, certified or not, to Plaintiff once Defendants foreclosed on Plaintiffs real property9 (provided Defendants can show authority to foreclose). i. The foreclosure of the real property is not fully completed nor

perfected nor consummated until such time as the Genuine Original Promissory Note is returned to Plaintiff; j. Defendants are currently in unlawful possession of the Genuine Original

Promissory Note and copies thereof, certified or not,;


See Memorandum of Law Exhibit 1-A page 2 attached

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k.

Plaintiff is currently in possession of the real property as the

True owner which is one aspect in relation to Defendants and Plaintiffs currency transaction; l. There is no basis in law for either party in a currency exchange

and/or other transaction to achieve possession of all items in the transaction even after default of a party; m. There is no factual evidence that Plaintiff ever defaulted on

Defendants and Plaintiffs transaction.

19. Plaintiff believes that Defendants jointly and/or separately have violated: Idaho Statutes
18-1001 et seq, 18-2601 et seq, 18-3101 et seq, 18-3203, 18-3601, et seq, 18-5401 et seq, 18-5701 et seq, 18-7801 et seq, 28-9-101 et seq, and/or other Idaho laws, and, if true, Plaintiff believes Defendants have knowingly, intelligently and willfully, with full knowledge of the consequences thereof, committed felonious acts to unlawfully foreclose on Plaintiffs real property and have failed to perfect the foreclosure by refusing to return the genuine wet-ink signed original promissory Note. FIRST CAUSE OF ACTION EMERGENCY TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTIVE RELIEF

20. Plaintiff reaffirms and restates the foregoing paragraphs herein above as if set forth more
fully herein below.

21. This is an action for an emergency temporary restraining order (TRO) and preliminary
injunctive relief which is brought pursuant to applicable law.

22. Plaintiff has a clear legal right to seek TRO and preliminary injunctive relief as Plaintiff
lives and takes up housekeeping in the Property. Defendant IHFA is seeking, without satisfying the necessary legal standing requirements, to evict the true owner, to take possession, custody, and control of the Property and ultimately to remove the Plaintiff from Plaintiffs own home.

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23. Plaintiff has no adequate remedy at law to redress the harm complained of, and the
eviction of Plaintiff from his own property, under the circumstances of record, is contrary to equity and good conscience in that such eviction would deprive Plaintiff of his home to which he has good title, and, possession of the property would be given to parties that have no legal standing to take possession.

24. The specific facts set forth in this Complaint demonstrate that, unless an emergency TRO
and preliminary injunction are granted, Plaintiff will suffer irreparable injury, damage and loss of their home and eviction therefrom.

25. Due to the non-judicial nature of foreclosure actions in Idaho, irreparable loss of the
Plaintiffs home will result if the relief requested herein is not granted.

26. The granting of the relief requested herein is in the public interest, as the consuming
public, including Plaintiff, will continue to be harmed by the illegal and unlawful conduct of the Defendant, IHFA et al., if the relief requested herein is not granted.

27. Under the circumstances where there is no harm to Defendants with the granting of the
requested relief, no bond should be required as a prerequisite to the granting of the relief requested herein as there are no costs or other damages which could be contemplated on the part of Defendants with the granting of the requested relief for which a bond would otherwise be necessary. APPLICABLE PERSUASIVE AND CONTROLLING LAW 10 In this situation it is fair to say that someone losing the sanctity and possession of their most cherished possession of a lifetime their home is on stronger footing than someone losing crops and trees. As the other elements including substantial likelihood of success are met in the face of the rampant Fraud involved throughout this proceeding, the Requested Relief must be GRANTED. SECOND CAUSE OF ACTION DENIAL OF DUE PROCESS

28. Plaintiff incorporates here each and every statement and allegation set forth above.

10

See Memorandum of Law Exhibit 1-A page 5 & 6 attached

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29. The real party in interest has the right to be heard. Plaintiff was denied this right in the
hearing conducted on 01/05/12, wherein Plaintiff was invited to speak by DeMeyer. Plaintiff spoke just seven words before DeMeyer ordered Plaintiff to stop. Plaintiff, mindful of his right to be heard, attempted to continue but was stopped by DeMeyers command to SHUT-UP! Plaintiff was denied his due process rights to be heard and to impartial justice. Plaintiff objected but was forced to stand on his pleadings already submitted. DeMeyers conduct demonstrates that he did not read (and completely ignored) Plaintiffs pleadings, including Plaintiffs acceptance of DeMeyers oath of office, which DeMeyer was, nevertheless, bound to honor.

30. DeMeyer repeatedly asked for evidence from John-Henry: Doe, yet refused to
acknowledge the evidence and exhibits contained in John-Henry: Does pleadings.11 John-Henry: Doe attempted to submit his Notice by Affidavit of Felony Crime, yet DeMeyer refused to acknowledge it; thereby cooperating with, and becoming complicit in IHFAs fraud. By DeMeyers sworn oath, which John-Henry accepted, DeMeyer had a duty to accept Duane-Kevbins Affidavit of Felony Crime and to hear what John-Henry had to say, as opposed to ordering John-Henry to SHUT-UP! Not only is DeMeyers conduct a denial of due process, DeMeyers conduct willfully aided and abetted a fraud; was a perjury of DeMeyers oath of office and constitutes rebellion against the Constitution for the United States. DeMeyer has sworn an Oath to uphold the law and to do substantial justice under the law. What law? The law of the land is the Constitution for the United States; the Bill of Rights guaranteeing John-Henrys rights thereunder. THIRD CAUSE OF ACTION FRAUD BY DEFENDANTS UPON THE COURT

31. Plaintiff incorporates here each and every statement and allegation set forth above. 32. Defendants IHFA, Fawcett and FAWCETT owed plaintiff a legal duty to exercise
reasonable care to not bring a fraudulent foreclosure claim and a fraudulent unlawful detainer action. Defendants FAWCETT and Fawcett, had a duty to conform to a higher standard of care to bring no false claims that could subject them to sanctions.
11

Objection & Plea in Abatement 12/22/11, Mandatory Judicial Notice 01/03/12, Notice by Affidavit of Felony Crime 01/05/12.

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33. Litigants are expected to investigate their claims before filing a complaint so that they
have a basis at the outset to make particularized factual allegations in the complaint. White v. Panic, 783 A.2d 543, 555-56 (Del. 2001).

34. FAWCETT and Ryan M. Fawcett, principal and attorney, abused his position, perjured
his oath to bring no false claim, and violated multiple criminal statutes resulting in an illegal, void, foreclosure sale of Plaintiffs property; breached his/its duty to investigate IHFAs claim of authority, and by bringing a fraudulent foreclosure action, without standing or authority, without a sufficiency of pleadings thereby injured Plaintiff.

35. Plaintiff has lost many productive hours (at least 200 hours) defending against the
fraudulent foreclosure claim brought by FAWCETT and Fawcett and IHFA; Plaintiff suffered economic loss, hardship, emotional distress as a result of Defendants fraud.

36. Defendants made multiple false statements and filed false documents that are public
record prima facie evidence of Defendants fraud against Plaintiff. The fact that IHFA and FAWCETT failed/refused to return the note/security to Plaintiffs after Plaintiffs tender of payment, and, again, after the putative sale of the subject property, shows Defendants never had the note/security and cannot produce it, rendering the sale and eviction judgment void.

37. Defendants false statements and false documents are material in that the false
statements and documents resulted in the scheduling of a fraudulent foreclosure sale on November 18, 2011, and a void judgment for eviction in case CV 2011-12345. Defendants knew their statements and documents were false at the time they were made and recorded.

38. Defendants intended Plaintiff to act in reliance on the false statements and false
documents.

39. Plaintiff exposed Defendants fraud, noticed Defendants on multiple occasions to


withdraw its/their fraudulent claim, yet Defendants continued to pursue their fraud in willful disregard for Plaintiffs rights and in violation of the law. 40. Defendants false statements and fraudulent documents were made in bad faith with reckless disregard for the law, and Plaintiff suffered damages as a direct and proximate result of Defendants fraud.

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41. The pending action in case no. CV 2011-11495, to which IHFA has defaulted and failed
to respond, proves Plaintiffs charges of Wrongful Foreclosure and fraud to be true and factual due to failure by IHFA to answer any of Plaintiffs statements and verified facts therein. The Record shows Defendant IHFA failed to timely Answer said case filed on 11/17/11 and has yet to file an Answer to case no. CV 2011-11495.

42. Consequently, IHFA has attempted to steal Plaintiffs home without proof of claim
through the back door of the legal system. FOURTH CAUSE OF ACTION IN THE NATURE OF A COLLATERAL ATTACK AND PETITION TO VACATE A VOID JUDGMENT IN CASE CV 2011-12345

43. Plaintiff incorporates here each and every statement and allegation set forth above. 44. Defendants illegally perverted the foreclosure and eviction process against Plaintiff for
personal gain.

45. Defendants had the ulterior motive of extorting money based on a sham foreclosure and
eviction action where the Defendant IHFA is not the real party in interest.

46. Defendant IHFA was warned on multiple occasions to withdraw its fraudulent claim. 47. The evidence shows that Defendants IHFA failed and refused to withdraw and
continued to abuse the foreclosure and eviction process for its personal gain.

48. Defendants IHFA, and FAWCETT brought an action in CASE CV 2011-12345 to evict
Plaintiffs, without clean hands, without standing, having failed to return the original note/security as required, thereby admitting it did not have the note; did not have the standing or authority to foreclose or to deprive plaintiffs of their home. 49. DeMeyer perjured his oath of office to be fair, impartial and to uphold the law; denied Plaintiffs their due process rights; vacated the bench and sided with IHFA and FAWCETT. 50. Plaintiffs suffered loss of income, humiliation, and emotional distress due to the attempted illegal foreclosure sale on Plaintiffs home.

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51. Due to the discovery of various elements of fraud, fraudulent misrepresentation, and extortion, Plaintiff was injured as a direct and proximate result of Defendants actions.

52. Idaho lags behind states like Utah in that it does not have a Wrongful Foreclosure
Statute per se. But the Court is free to apply the common sense tenets of such an act when the provision relies on a power already inherent to the Court, to wit: Utah Wrongful Foreclosure Act Section 57-1a-201(1)(b): a person who publishes or posts a wrongful notice of sale is liable to the trustor (mortgagor) for any actual damages proximately caused by the wrongful notice of sale.

53. Defendants are civilly liable for wrongful notice of default per Utah Wrongful
Foreclosure Act Section 57-1a-201(1)(a) that states a person who files a wrongful notice of default for recording in a county recorders office is liable to the trustor (mortgagor) for any actual damages proximately caused by the wrongful notice of default.

54. Federal Rule of Civil Procedure Rule 17(a)(1) specifically identifies the persons who
are entitled to enforce a security interest, such as instituting a foreclosure sale under a Deed of Trust. The Rule is exclusive rather than inclusive in nature, and those who are not identified do not have the right to enforce such an interest.

55. Plaintiff is informed and believes and thereon alleges that no Defendants are in
possession of the original genuine Note and Deed of Trust, and are not otherwise entitled to payment. Moreover, Plaintiff is informed and believes and thereon alleges that said Defendants are not person[s] entitled to enforce the security interest on the Property.

56. The Complaint for Foreclosure on behalf of Idaho Housing and Finance by Skinner
Fawcett LLP, was a fraud upon the court. Plaintiff is informed and believes that Defendants knew said Complaint was a fraud.

57. The Notice of Trustee Sale attempted by Defendants is a fraud. Plaintiffs are informed
and believes that Defendants knew said Notice was a fraud.

58. Said Defendants did not and do not have the right to foreclose upon the Property under
the law. Even assuming, arguendo, that Defendants did have some right to enforce the

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66. 63. 64. 60.

security interest, the procedures used violated statutory requirements governing nonjudicial foreclosure sales.

59. As a direct and proximate result of said Defendants' wrongful actions, Plaintiffs has
suffered damages, including, but not limited to, direct monetary loss, consequential damages, and emotional distress. In committing the wrongful acts alleged herein, said Defendants acted with malice, oppression and fraud. Said Defendants' willful conduct warrants an award of exemplary damages in an amount sufficient to punish the wrongful conduct and deter such misconduct in the future.

61. Per Rules of Civil Procedure When a motion for judgment is made under any other
circumstances, the court shall consider all evidence and inferences in the light most favorable to the party against whom the motion is made.

62. Considering the overwhelming, un-rebutted, public record fact evidence, and that
Defendants are estopped from uttering any oral or written response, it is proper for the court, with regard for the rules to award judgment in favor of Plaintiffs sua sponte, with no need for a hearing on this matter. FIFTH CAUSE OF ACTION Imposition of Constructive Trust (Against Defendant Idaho Housing and Finance) Plaintiff incorporates here each and every allegation set forth above. Plaintiff is the rightful owner of legal title to the Property. Defendant IHFA is attempting to obtain legal title to the Property by means of an unjustified and fraudulent foreclosure action. IHFA refuses to acknowledge Plaintiffs status as the rightful owner of the Property. Defendant IHFA refuses to acknowledge Plaintiffs status or the rightful owner of the Property.

65. In contravention of Plaintiff s lawful rights, fiduciary duty and interests in the Property,

67. Defendant IHFA holds whatever interest it claims in the Property, (if at all), in trust for
Plaintiff as fiduciary for the lawful owner.

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69. 70. 71.

SUFFICIENCY OF PLEADING12

68. A complaint should not be dismissed "unless it appears beyond doubt that the Plaintiff
can prove no set of facts in support of her claim which would entitle her to relief. (Housley v. U.S. (9th Cir. Nev. 1994 35 F.3d 400, 401) There are no issues of material fact in dispute. This matter has been well settled with ample evidence. Defendants are estopped from uttering any oral or written objection, statement, motion or any other writing in this matter due to their failure/refusal to answer Plaintiffs repeated demands for proof of claim. JUDICIAL NOTICE #1 Gary D. DeMeyer was given Notice via John-Henrys OBJECTION TO PROCEEDINGS (in Case No.: CV11-12345) DUE TO PRIOR DEFAULT (by IHFA) IN CASE CV 201111495, FOR WRONGFUL FORECLOSURE, WHICH IS NOW RES JUDICATA PLEA IN ABATEMENT on December 22, 2011. John-Henry accepted DeMeyers sworn Oath of Office. DeMeyer by his conduct and silence and failure to object, formed a binding contract with John-Henry, and, therefore, DeMeyer was/is bound by contract to perform under DeMeyers Oath of Office. JUDICIAL NOTICE #2 Gary D. DeMeyer breached his Oath of Office by denying Plaintiff John-Henry, family of Doe, Due Process, by ignoring John-Henrys affidavit and Notice of Felony, making DeMeyer complicit in said crime, and guilty of a misprision of felony under 18 USC Sect. 4. JUDICIAL NOTICE #3
By Gary D. DeMeyers conduct on 01/05/12 during a Hearing of Case No.: CV11-12345,

DeMeyer knowingly and willfully aided and abetted the fraud of IHFA. JUDICIAL NOTICE #4

This Court must take judicial notice of the Final Report made by the Permanent Editorial Board of the Uniform Commercial Code, published on November 14, 2011,13 wherein the Board states they [laws re notes] fall squarely under the UCC.
12 13

See Memorandum of Law Exhibit 1-A page 6 & 7 attached See Memorandum of Law Exhibit 1-A page 4 par. 5 attached

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WHEREFORE, Plaintiff demands judgment as follows: FIRST CAUSE OF ACTION The court enter an Order granting a Temporary Restraining Order and Preliminary Injunctive Relief expressly enjoining any execution on the judgment order related to eviction. For the reasons set forth herein, and in Plaintiffs Motion for a Temporary Injunction, until the merits of Plaintiffs case can be heard at trial, and for any other and further relief which is just and proper; SECOND CAUSE OF ACTION Vacate the Void Judgment of DeMeyer due to perjury of his oath of office, and denial of due process; due to his willful aiding and abetting of a fraud, and, utter rebellion against the Constitution for the United States. For actual and punitive damages; THIRD CAUSE OF ACTION The record at (instrument No.) 2011045388 recorded on 11/15/1114 clearly shows that JohnHenry, family of Doe has Good Title to the property and DeMeyer had no basis to enter judgment evicting John-Henry: Doe and Margie-Dawnell: Doe. Moreover, DeMeyer knew or should have known the foreclosure proceeding conducted by agents for IHFA was wrongful and void, when DeMeyer received notice via John-Henrys OBJECTION TO PROCEEDINGS filed on 12/22/11 and in a MANDATORY JUDICIAL NOTICE filed on 01/03/12. Wrongful Eviction; For punitive damages; FOURTH CAUSE OF ACTION Plaintiffs invoke the ministerial side of the court the court is deprived of judicial discretion. Having failed to show on the record that the court had jurisdiction, having failed to prove jurisdiction (after challenge of same) Defendants, IHFA, FAWCETT and DeMeyer, admit the court was without jurisdiction in Case CV 2011-12345, and where the face of the record verifies jurisdictional failings, and denial of due process, this court has a nondiscretionary duty to vacate the void judgment in Case CV 2011-12345. FIFTH CAUSE OF ACTION

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Exhibit 5-A Certified copy of Acknowledgment of Warranty Deed

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IHFA holds Plaintiffs property in a Constructive Trust. ON ALL CAUSES OF ACTION For the costs of suit incurred herein; and For such other and further relief as the Court may deem just and proper in Law and in Equity, including but not limited to vacation of the void judgment; Injunctive Relief allowed by this court for the injuries suffered by Plaintiff as a direct and proximate result of Defendants unconscionable acts and reckless disregard for the law. Plaintiff reserves the right to amend this Complaint. JURY TRIAL DEMANDED ______________________________ JOHN HENRY Doe VERIFICATION OF COMPLAINT state of Idaho county of Canyon ) )

BEFORE ME personally appeared JOHN HENRY Doe who, being by me first duly sworn and identified in accordance with Idaho law, deposes and says: 1. My name is JOHN HENRY Doe. 2. I have read and understood the attached foregoing complaint filed herein, and each fact alleged therein is true and correct of my own personal knowledge. FURTHER THE AFFIANT SAYETH NAUGHT. ________________________ JOHN HENRY Doe, Affiant Subscribed and sworn to (or affirmed) before me on this ___ day of January 2012, the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: Seal CERTIFICATE OF SERVICE UNDER PENALTY OF PERJURY, I, JOHN HENRY Doe hereby certify that a copy of the foregoing complaint filed in the state of Idaho, county of Canyon was served by hand via

by

proved to me on

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process server and/or by USPS Certified Mail in a sealed envelope on or about this ____ day of January, 2011 to the following recipients:
1.

Verified Complaint for Fraud and Collateral Attack to Vacate a Wrongful Foreclosure

Action and Void Judgment in case CV 2011-12345.

Gary D. DeMeyer 1115 Albany St. Caldwell, Idaho 83605 Ryan M. Fawcett And SKINNER FAWCETT LLP 515 south 6th street Boise, Idaho 83701 Gerald M. Hunter Idaho Housing and Finance 565 W. Myrtle Boise, Idaho 83701

By Process Server

By Process Server By Process Server

By Process Server

_______________________________ JOHN HENRY Doe

state of Idaho county of Canyon

) ) ss. )

JURAT

Subscribed and sworn to (or affirmed) before me on this ___ day of January, 2012, by JOHN HENRY Doe, who proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Signature:

Seal

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