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Nationstar Mortgage, LLC v. Douglas Appellant'sReply Brief Dckt. 43540

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IN THE SUPREME COURT OF THE STATE OF IDAHO

NATIONSTAR MORTGAGE LLC, ~

PLZUNTIFF,

-VS-

DAVID DOUGLAS ETAL.,

DEFENDJ\NTS. _____________ )

SUPREME COURT DOCKET NO. 43540-2015

BONNEVILLE COUNTY CASE NO.CV-239-2015

APPELLANTS REPLY BRIEF

APPEAL FROM THE DISTRICT COURT OF THE SEVENTH DISTRICT,

BONNEVILLE COUNTY, APPEAL FROM DARREN B. SIMPSON, DISTRICT JUDGE

DAVID DOUGLAS 580 ASWAN STREET SPARKS, NEVADA 89441 208-520-7266 APPELLANT PRO-SE

LEWIS N. STODDARD RCO LEGAL P.C. 300 MAIN STREET, SUITE 150

BOISE, IDAHO, 83702 ATTORNEY FOR NATIONSTAR MORTGAGE

Fl OPY JUL 11 2016

TABLE OF CONTENTS

STATEMENT OF ISSUES ON APPEAL PAGES 23456

2. ADDITIONAL ISSUES ON APPEAL PAGES 67

3. NATURE OF THE CASE PAGES 789

4. STATEMENT OF FACTS PAGES 910

5.ARGUMENT PAGES 1G), 11

6. CONCLUSION PAGES 11 , 1 2

7. CERTIFICATE OF SERVICE PAGE 1 2

8. LIST OF EXHIBITS OF PROOF PAGE 1 3

9 . EXHIBITS OF PROOF PAGES 1-16

TABLE OF AUTHORITIES

CASES,RULES, AND STATUTES

1. FITZGERALD V. PNC BANK, N0.1 :10-CV-452-BLW, 2011,w1 1542138,

*2(D.IDAHO 2011 )(CITING 15 USCA @1692.,1692c,1692d,1692e,1692f,

and 1692 g., FEDERAL CASE 4"14-CV-0055-EJL-REB PAGE 1.

2.CORUPT ORGANIZATION ACT,18 use 1962(D) AND 18 USC 1964, and

federal court case 4:15-CV-0055-EJL-REB

3. CIVIL CASE IN 7th COURT DISTRICT CV-239

PAGE 3

PAGE 6

4. PATRIOT ACT SECTION 215, CLARK V. SPOKESMAN REVIEW, 144, IDAHO

427,430,163,p3d,216,219,(2007) AND TAYLOR, 149 IDAHO AT 846,243,

ped,at 662, fraud law ircp 9(B), AND COUNTRYCOVE DEV. INC. V.

MAY, 143 IDAHO 595,600,150, ped, 288-293(2006) GEORGE V. UNIV. OF

IDAHO, 121 idaho 30,37822,p2d 549,556,(CTAPP.(1991 ). PAGES 8,9

4. steiner v. ziegler v. tamura ltd. co, 138 238,242,243,61 p3d

595,599,600 (2002),I.C. 48-601,et,seg. TAYLOR 149 IDAHO 243 p3d

AT 662 IC 48-603. AND WESCO 149 IDAHO AT P3d at 1081. AND STAR

V. REBELLO, 97 NEV. 124,125,625 p3d 90,91 ,92,(1981 ). AND

RICOTTA V. CALIFORNIA 4 F. SUPP 2d 961,977,(SD CAL 1998)

mcomie-GREY V. BANK OF AMERICA HOME LOANS, 667 f3d 1325,1327

(9th CIR. (2012). PAGE 9

5. ID (QUOTING H.J.INC. V. NORTHWESTERN BELL TELEPHONE CO. 429

U.S. 229,239,(1989)., ID (CITING 5 C WRIGHT AND MILLER, FEDERAL

PRACTICE AND PROCEDURE SECTION 1216 at 235,236,( 3d ed. (2004)

SIMPSON V. MARS INC., 929 p2d 966,967,(NEV 1997). PAGE 10

6. IDAHO 19-21 1 ,18-1701 ,75 ALR 41 STATE V, MYERS 36 21

p440,(1992) AND STATE VS HAMMOCK 18 IDAHO 424, 110,p169. and

WESCO 149 at 898,243 p3d at1086,9QUOTING MCPHETERS v. MAILE 138

IDAHO 391,395, 64 p3d 317,321 (2003) ACCORDING TO IRCP 9(B),

AND 15 use 1640 (A)(1 )(2), CASE CV-2012-4570 7th district court

change of venue for coruption PAGES 11

7. STAR V. REBELLO. 97 NEV. 124,125,625 p2d 90,91,(1981) PAGE 12

STATEMENT OF ISSUES

COMES NOW DAVID DOUGLAS PRO-SE APPELLANT WITH HIS STATEMENT OF

ISSUES ON APPEAL.

1. THE FAIR DEBT COLLECTION PRACTICES ACT VIOLATIONS AS TO THE

ABUSES BY NATIONSTAR MORTGAGE AND THE EVIL LAWYER STAODDARD AS

IN FITZGERALD V. PNC BANK, N0.1 :10-CV-452-BLW,2011 wl 1542138,*2(

D.IDAHO 2011).( CITING 15 USCA @1692) IN FURTHERANCE OF THIS GOAL

TO PROTECT CONSUMERS AGAINST DEBT COLLECTION ABUSES ID(CITING 15

u.s.c.@1692c,prohibits certain communications,, 1692d PROHIBITS

HARRASHMENT AND ABUSE,1692e PROHIBITS FALSE AND MISLEADING

REPRESENTATIONS, !692f, PROHIBITS UNFAIR PRACTICES, AND 1 g

REQUIRING VALIDATION OF THE DEBTS. ALSO THE WRONGFULL FORECLOSURE

WAS MOTIVATED BY RACIAL ANIMUS AND DOES CONSTTUTE A HATE CRIME!

A. EXHIBIT A IS THE ORDER OF REFERENCE FROM EDWARD J. LODGE WHO

ISSUED AN ORDER SAYING THAT THE DEFENDANTS LAWYERS WHO SAY THAT

THE FEDERAL CASE IS A STATE COURT CASE AND THAT THE STATE COURT

HAS JUSIDICTION OVER THE CASE. THE CASE 4:15-CV-0055-EJL-REB,

DAVID DOUGLAS VS ZIONS BANK AND NATIONSTAR MORTGAGE FILED IN

FEDERAL COURT HAS TO BE DECIDED IN FEDERAL COURT AND THEN SENT

BACK TO STATE COURT.

B. EXHIBIT BIS THE NOTICE OF PENDANCY OF ACTION FILED IN THE

FEDERAL CASE AGAINST THE HOUSE BY NATIONSTAR AT WOODBRIDGECIRCLE

IN IDAHO FALLS, IDAHO.

C. EXHIBIT C IS THE NOTICE OF THE SALE BEING HELD ON THE HOUSE

IN FEDERAL COURT WITH THE STATE COURT JUDGE ORDERING THE SALE.

D. EXHIBITS D AND E ARE THE JUDGES ORDERS SAYING (QUOTE) KERR

REFERS TO THE FEDERAL COURT CASE WHICH INVOLVES A DIFFERENT PIECE

1

OF PROPERTY WHICH HAS NO BERING UPONTHE SUIT AT BAR). THE EXHIBIT

B HAS THE 2895 WOODBRIDGE ADDRESS AND THE SALE ORDERED BY THE

PAID FOR ABUSE OF DISCRETION BY THE JUDGE SIMPSON HAS THE SAME

EXACT ADDRESS 2895 WOODBRIDGE CIRCLE ADDRESS. THE TWO PROPERTIES

ARE THE SAME.DUH.EXHIBIT C THE SALE ORDER. THEN THE JUDGE SIMPSON

GOES ON TO SAY KERR PEPPERS HIS MEMORANDUM WITH UNFOUNDED AND OUT

RAGEOUS DEFAMATORY STATEMENTS. LIKE BOTH PROPERTIES ARE THE SAME.

THEN IN EXHIBIT D IT SHOWS WHERE THE COURT DID AN ORDER DOING

AWAY WITH A VALID 9 YEAR OLD RECONVENANCE DEED, AND WHERE THE

IMPROPER SERVICE WAS BROUGHT UP HE JUST SAYS SO? THE SUMMONS AND

COMPLAINT WAS JUST THROWN ON THE STEPS.

F. THEN IN THE COMPLAINT IT SAYS ON THE LAST LINE THE DEED OF

TRUST WAS ERRONEOUSLY RECONVEYED AND HAD THE JUDGE ABUSE HIS

DISCRETION ONCE AGAIN AND ORDERED IT CHANGED.

EXHIBIT G SHOWS WHERE DAVID DOUGLAS WON THE CASE WITH THE COMPTRO

LLERS OF CUNENCY AND THE BOARD OF GOVERNORS FOR THE FEDERAL RESE­

rve board. this was the result of the independant foreclosure

REVIEW BOARD THAT FOUND IN DAVID DOUGLAS FAVOR. THIS WAS AN OVER

TURNING OF FIRST THE FEDERAL RESERVE BOARD AGREEMENT AND THEN THE

ERRONEOUSLY RECONVEYED DEED BY THE BY THE ABUSE OF DISCRETION

JUDGE AND THEN OVERTURNING THE CASE STILL IN THE FEDERAL COURT,

THIS GAVE RISE TO THE CULTURE OF CORPTION IN THE STATE OF IDAHO

AND DOES PROVE THAT THE NATIONSTAR LAWYERS DID ACCOMPLISH A LAW

FULL OBJECTIVE USING AN UNLAWFULL MANNER! THEREFORE THE RACKETEER

CRIMINALS DID CAUSE THE ISSUES THAT DID ARISE UNDER RACKETEER AND

AND CORPT ORGANIZATIONS ACT AND THAT IS WHY RACKETEER INFLUENCED

CORRUPT ORGANIZATIONS ACT, 8 USC. 1962(D

STATUTES JURISDICTIONAL STATEMENT 8 U.S

ACCORDING TO THE

9 4

3. AFTER EXHIBIT A WAS FILED THE ILLEGAL SALE OF THE PROPERTY

WAS CANCELLED. EXHIBIT A CATCHES THE JUDGE IN LIES AND THE

THE ORDER BY THE JUDGE SHOWS THE LIES AND THE EXHIBITS SHOW

THE PROOF OF THE LIES. EXHIBIT A IS THE MOTION FOR RECONSIDERA­

TION OF ORDER DENEYING DEFENDANTS MOTIONS TO STAY ORDER WHILE

THE APPEAL TO THE STATE APPEALS COURT WAS PENDING. THE JUDGE

DARREN SIMPSON SAID HE COULD OVERRULE THE IDAHO STATE SUPREME

COURT JUDGES.

4. EXHIBIT B WAS FILED AT THE SAME TIME AS EXHIBIT A. IN THE

MOTION FOR RECONSIDERATION OF THE JUDGES ORDER DENEYING THE

PLAINTIFF DOUGLAS AND KERR THEIR CLAIMS OF EXEMPTION ON THE

SALE OF THE HOUSE. THE JUDGE SIMPSON SAID THAT HE COULD OVERRULE

THE FEDERAL JUDGES IN THE CASE IN FEDERAL COURT 4:15-CV-00055

-EJL-REB, AND THE FEDERAL LIS PENDONS FILED BY DOUGLAS WAS

NO LONGER VALID.

5. EXHIBIT C IS THE OBJECTION TO THE ILLEGAL HEARING TO VACATE

ORDER OF HONORABLE FERERAL JUDGE EDWARD J. LODGE, WHO GAVE OUT

AN ORDER OF REFFERENCE STATEING THAT THE DEFENDANTS ZIONS BANK

AND NATIONSTAR MORTGAGE SHALL FILE A DIDPOSITIVE MOTION AND A

HEARING WILL BE HELD TO SEE IF PARTS OF THE FERERAL CASE COULD

GO TO STATE COURT. THEIR WERE NO DISPOSITIVE MOTIONS AND THE

CASE WAS TO BE IN FEDERAL COURT UNTILL THE FEDERAL JUDGE RULED

THAT PARTS OF THE CASE COULD GO BACK TO STATE COURT. ( WHAT DID

HAPPEN THOUGH WAS THE DEFENDANTS GOT THE CASE PUT INTO STATE

COURT AND THE JUDGE SIMPSON SAID HE COULD OVER RULE THE FEDERAL

JUDGE IN THE HEARING.

6 SEE EXHIBIT C-A, ORDER BY FEDERAL JUDGE LODGE .

. THE STATE COURT JUDGE SIMPSON IGNORED ALL THE RULES AND LAWS

AND WAS OUTSIDE THE SCOPE OF HIS DUTIES, SIMPLY CALLED (GREASE

PAID TO THE JUDGE TO KEEP THE ILLEGAL FORCLOSESURE MACHINE

MOVING! THESE UNLAWFULL, CRIMINAL, AND DECEPTIVE PRACTICES ACTS

ARE A BREACH OF IMPLIED COVENANT AND GOOD FAITH DEALING TO

MANIPULATE THE ILLEGAL SALE OF A HOME FOR HUGE ILLEGAL PROFIT

AND IS EXACTLY THE CIVIL AND CRIMINAL CONSPIRACY BETWWEN THE BANK

AND THE MORTGAGE COMPANY, AND OTHER LAW FIRMS ALSO TO DO THE

ACCOMPLISHMENT OF A LAWFULL OBJECTIVE IN AB UNLAWFULL MANNER,

EXACTLY THE CLAIM OF THE COMPLAINT THAT WAS FILED BECAUSE OF THE

CIVIL AND CRIMINAL RACKETEER INFLUENCED AND COURPT ORGANIZATIONS

ACT AS REFERRED TO IN THE ORIGINAL COMPLAINT. THESE ACTIONS BY

THE JUDGE AND THE CORPTED ATTORNEYS AND THE BANK AND MORTGAGE

COMPANY WERE DECEPTIVE, EGREGIOUS, AND A COMPLETE AFFRONT TO

THE JUSTICE SYSTEM. THESE UNCONSCIONABLE BAD FAITH ACTS ARE

PROVEN BEYOND ANY DOUBT AND THE VILLIANS PROFITTED LUCRATIVELY

FROM THE CIVIL AND CRIMINAL RACKETEERING SCHEME!

8. WHAT THE JUDGE DID FOR THE VILLIANS,

A. HE SAID THAT THE ILLEGAL SERVICE OF THE SUMMONS AND COMPLAINT

SERVED UPON DAVID DOUGLAS BY THROWING THE PAPERWORK BY HIS DOOR

AND FOUND DAYS LATER WAS ALRIGHT.

B. HE DID AN ORDER MAKING A VALID RECOVEYANCE DEED NO LONGER

VALID AFTER 9 REARS.

C. HE HAD THE DATE CHANGED BY THE CLERK OF THE COURT SO THAT A

VALID DEFAULT FILED AGAINST CRIMINAL ATTORNEY STODDARD WAS NOW . A LEGAL RESPONSE DATE.

D. THE ORDER FOR THE DENEYING OF THE LAWYERS DEFAULT WAS SENT TO

A WRONG ADDRESS SO THAT THE HOUSE OWNER TERRY KERR WOULD NOT WOULD NOT BE ABLE TO RESPOND 1N LEGAL TIME.

e. HE DENEYED THE JUDICIAL MANIPULATION CHARGES.

f HE GAVE AN ILLEGAL ORDER TO EVICT THE HOME OWNERS AND HAVE

AN ILLEGAL SALE OF THEIR HOUSE.

G. HE DENEYED THE STAY FOR THE APPEAL ON FILE IN THE IDAHO

STATE SUPREME COURT.

H. HE DENEYED THE EXEMTIONS FOR THE SALE OF THE HOUSE OWNERS.

I. HE REFUSED TO HEAR THE HOUSE OWNERS PLEADINGS TO HAVE THE

CRIMINAL AND CIVIL RACKETEERING STOPPED. HOUSE OWNER TERRY KERR

TOLD HIMIN COURT HOW HIS SOCIAL SECURITY CHECKS WERE BEING

PUT INTO A MORMAN MAFIA ACCOUNT FOR THE LAST TWO MONTHS ETC.

SAYING IN COURT HE WAS NOT GOING THERE. THERE WAS 128 PAGES OF

JUDICIAL WRONGDOINGS FILED BY HOUSE OWNER TERRY KERR, BUT THE

JUDICIAL MANIPULATION WAS ALREADY DONE AND PAID FOR!

j. WELL. I COULD GO ON FOR ANOTHER TWENTY PAGES BUT THE STRESS

IS HARD ON ME AS FOR I HAVE HAD OPEN HEART SURGERY AND ALL THIS

INJUSTICE IS TO MAKE ME HAVE A HEART ATTACK AND DIE, THE TARGET

OF THE CRIMINAL AND CIVIL RACKETEERS, THEN THEY CAN COLLECT THE

LARGE CASH REWARD FeJR. CAUSEING MY DEATH!

9. I WILL TESTIFY TO THE TRUTH,FOR THE REVELATION OF THE TRUTH

USED TO BRING ABOUT JUSTICE IN THE PERRY MASON DAYS, BUT OF

COURSE IN THOSE DAYS ETHICS, EQUITY, AND THE PRINCIPLES OF

JUSTICE HAVE CHANGED IN FAVOR OF THE CRIMINALS!

10. this case highlights the repulsive realty and served as a

heart breaking reminder of the depths to which greedy lawyers,

power crazed banks and mortgage companies will sink to in the

complete affront to democracy! THE CULTURE OF CORPTION HAS

PREVAILEa'AND DUE PROCESS AND REDRESS OF GRIEVANCES IS JUST

MEMORY, AND LIFE LIBERTY, AND THE PURSUIT OF HAPPINESS

IS JUST A DREAM! THE NATIONSTAR LAWYER AND THE CROOKED JUDGE

USED CORPTION TO GAIN EXCLUSIVE BENEFITS AND TO AVOID LEGAL

DISABILITIES.AND THE RIGHTS TO MEN ARE NO LONGER TRUTHS TO BE

SELFEVIDENT, AND THAT ALL MEN ARE CREATED EQUAL AND THE CERTAIN

UNALIENABLE RIGHTS NO LONGER EXIST BECAUSE OF THE CULTURE OF

CORUPTION THAT EXISTS IN IDAHO AND GREED AND BOUGHT POWER HAVE

PREVALED INSTEAD OF JUSTICE. now the crooked lawyer says that he

IS ENTITILED TO FEES CAUSE THIS IS A FRIVOLOUS LAWSUIT. WHAT A

BUCKET OF CRAP.

EXHIBIT K IS THE NOTICE OF THE ILLEGAL SALE LETTER SENT TO THE

SHERIFFS OFFICE, BUT THE SHERIFF SAID THAT THE JUDGE DID THE

ORDER AND THAT THEY HAD TO DO WHAT THE JUDGE ORDERED.

ADDITIONAL ISSUES ON APPEAL

11. THE INTIRE CASE COMES FROM THE RACIAL ANIMUS AND DOES CONSTI­

TUTE A HATE CRIME! THE MORMAN MAFIA ON WOODBRIDGE DID NOT LIKE

THE BLACK FAMILY THAT MOVED IN AND DID DOZENS OF HATE CRIMES TO

THE KERR FAMILY. SO TERRY KERR KEPT A DOCUMENT OF EVERYTHING THAT

HAPPENED AND THEN WROTE BOOKS, FOR INSTANT THIS CASE IS CALLED

( THE VULTURES PICNIC IN THE LAWLESS AREA). CV-239. then when

terry kerr wrote his morman mafia book where the first chapter is

EXHIBIT K, THE LATTER DAY SATENS THAT WAS DONE BY INVESTIGATIVE

DISCOVERY AS TOLD IN CASE CV-2429. IT IT TOTALLY TRUTHFULL AND

TOLTALLY DOCUMENTED.SEE K3 AND 4 WHERE IS SAYSA BLACK MAN IS A

CURSE HEAVEN PLACED UPON MANKIND. THE SATENS ON WOODBRIDGE SAID

THEY WERE GOING TO DRIVE THE NIGGERS FROM THE NEIGHBORHOOD! IT

IS RECORDED ON TAPE! THE MORMAN MAFIA IS THE ONE THAT PAYS EVERY

ONE TO DO THE EVIL! THE ZIONS BANK BOUGHT TERRY KERRS HOUSE IN

RENO, NEVADA AND TOLD THE COURT THERE THAT THEY DID NOTHING!

6

zions always lies to the judges in bonneville county cause 1

ARE MORMANS AND THEY CAN GET AWAY WITH IT AND HAVE FOR A VERY

LONG TIME. JUST LIKE WHEN LAWYER STODDARD TELLS THE JUDGE IT IS

A DIFFERNET PIECE OF PROPERTY WHEN IT IS NOT, AND THEN HAS HIM

CHANGE A 9 YEAR OLD RECONVEYENCE DEED AND HAS HIM CHANGE THE DATE

ON THE DEFAULT PAPERWORK WITH THE COURT.

NATURE OF THE CASE

12. the crooked lawyer stoddard says that the case is frivilous

and that THE DEFENDANTS JUST FILE FRIVOULOUS CASES.

EXHIBIT LIS THE ORDER FOR MEDIATION OF THE CASE FILED BY TERRY

KERR AGAINST BANK OF AMERICA. PROOF THAT IT IS NOT FRIVOULOUS.

WHAT THIS CASE IS, IS A COMPLETE AFFRONT TO THE JUDICIARY SYSTEM~

this is maipulating the judiciary, cause the culture of coruption

exists in idaho! come on, terry kerrs social security checks

WERE PUT INTO THE MORMAN MAFIA ACCOUNT MULTIPLE TIMES, HE WAS

BEATEN, POISONED, GIVEN CULTURED DEASEASES, HE AND HIS FAMILY HAD

TO GO TO THE EMERGENCY ROOM SO MANY TIMES THAT THE COUNTY OF

BONNEVILLE PASSED ANEW LAW THAT SOMEONE ELSE THAN THE KERRS HAD

TO SAY THEY GOT SICK EATING THE FOOD AT THE LOCAL FOOD PLACES.

TERRY KERR'S CHILD WAS INJURED 34 TIMES AT SCHOOL AND NOTHING WAS

EVER DONE ABOUT IT. HIS CHILD CARRIED A SPY WATCH AND RECORDED

ALL THE CRIME AND IT IS DOCUMENTED IN THE BOOK THE MORMAN MAFIA,

AND EVERY BODY WHO DID EVIL VILLINOUS CRIMES IS IN THE BOOK. ONE

TIME A MORMAN KID PUT ON HIS KIDS FACEBOOK PAGE THAT HIS KID DID

LIKE PUTTING HIS BLACK MOTHERS BLACK DILDO UP HIS ASS. THE SCHOOL

DID NOTHING. WELL. THE TEACERS, PRINCIPALS, AND SUPERINTENDANTS

LETTERS WITH THE DOCUMENTED PROOF AND EVENTS OF HAPPENINGS ARE IN

THE MORMAN MAFIA BOOK, WHICH BY THE WAY WILL BE AN EXHIBIT OF

PROOF IN THE NEW LAWSUIT AGAINST THE MORMAN MAFIA AND THEIR

MEMBERS. IT ALSO INCLUDES THE STATE BAR PEOPLE AND THE STATE

JUDICIARY CAUSE THERE IS NO REDRESS OF GRIEVANCES ALO~D IN THE

CULTURE OF CORUPTION STATE OF IDAHO. THE LAST TIME TERRY KERR

FILED AN APPEAL TO THE IDAHO STATE SUPREME COURT HIS APPELLANTS

REPLY BRIEF WAS STOLEN OUT OF THE MAIL ROOM AT THE COURTHOUSE.

THE MAIL TRACKING SAID IT WAS DELIVERED TO THE STATE SUPREME

COURTROOM MAIL ROOM AND THEN GOT LOST! TOTAL CPRUPTION!

13. WELL, THEN CROOKED LAWYER STODDARD THE BAD FAITH MISCONDUCT

ATTORNEY OF ALL TIME SAYS THAT THERE WAS NO LIBEL SLANDER OR

AND BELITTLEMENT OR DEGRADATION OR PERJURY OF ANY KIND.

THE LAWYERS STODDARD, CHARLES SMITH,ROBERT SCOTT AND MICHEAL

MAYFIELD DID CONSPIRE KERR, AND DOUGLAS DOOM TOGETHER. THEY DID

COMMUNICATE THE EVIL PLOT TOGETHER, THE INFORMATION WAS VERY

SINISTER AND THE KERRS AND THE DOUGLAS FAMILY WERE THE TARGET OF

THE EVIL PLOT PAID FOR BY THE MORMAN MAFIA! ALL THE CRIME WAS

RECORDED ON TAPE AND PUT INTO A DISK TO BE USED AS EVIDENSE IN

THE MORMAN MAFIA CASE TO BE FILED SOON! THE PHONE CALL AND EMAIL

ETC MEDIA ELECTRONIC SURVALIANCE IS ALOWED UNDER THE PATRIOT ACT

SECTION 215! CLARK V. THE SPOKESMAN REVIEW,144 IDAHO 427,430,

163, p3d 216,219,(2007).

14. there was violations od the breach of contract laws, violati­

ONS OF THE CIVIL RACKETEERING LAWS, VIOLATIONS OF WRONGFULL CONVE

RSION, THE ACT OF DOMINION WRONGFUULY ASSERTED,OVER ANOTHERS OWN

PROPERTY, TAYLOR, 149 IDAHO AT 846,243p3d at 662, the violation

OF THE FRAUD LAW IRCP 9(B) AND COUNTRY COVE DEV.INC. V.MAY143

IDAHO 595,600,150 p3d 288-293(2006). THERE WAS A VIOLATION OF THE

IMPLIED COVENANT LAW, GEORGE V. UNIV OF IDAHO, 121 IDAHO 30,37,

8

822 549,556,(CTAPP. (199 . AND STEINER V ZIEGLER-TAMURA LTD

co 138 IDAHO 238,242 243, 61 P3d 595, 599 600(200 also the

violations of the consumer protection act I.C. 48-601, et seq.

taylor 149 IDAHO, 243 p3d, at 662 see i.e. 48-603.then there was

the interference with prospective economic advantage, wesco. 149,

IDAHO AT 243 p3d at 1081. then the intentional conspired inflicti

on OF EMOTIONAL AND FINANCIAL DISTRESS BY THE CONSPIRACY VILLIANS

STODDARD SCOTT SMITH AND MAYFIELD. TO STEAL KERRS HOME IN RENO

WITH THE MORMAN MAFIA, STAR V REBELLO, 97 NEV. 124,125, 625,

90 91, 92(1981 ). ONE OF THE LAWYERS IN MAYFIELDS FIRM IS JUDGE

TINGEYS RELATIVE, AND TINGEY IS THE CURRENT JUDGE FOR THE CASE.

THE CULTURE OF CORPTION PREVAILS IN IDAHO.

STATEMENT OF THE FACTS

14. THE APPELLANT HAS AND CAN STATE A CLAIM THAT THE LAWYER AND

THE JUDGE SIMPSON AND THE OTHER LAWYERS AND ZIONS BANK AND THE

MORMAN MAFIA WERE INVOLVED AND ARE INVOLED IN AN ILLEGAL INTER

PRISE AND PATTERN OF RACKETEERING ACTIVTY. THE APPELLANTS HAVE

SHOWN THE PROOF OF THE MISCONDUCT, THE PROOF OF THE CRIMINAL ENTE

RPRISE, AND THE PATTERN OF THE RACKETEERING ACTIVITY AS SHOWN IN

RICOTTA V CALIF9RNIA 4 F. SUPP 2D 961 977 (SD CAL 1998).

1 5 •

15. david douglas is the borrower and tila protects CONSUMERS FRO

M FRAUD, DECEPTION. AND ABUSE BY CRIMINAL VILLIANS AND THEIR

LIEING LAWYERS. MCOMIE-GREY V. BANK OF AMERICA HOME LOANS, 667 f3

d 1325, 1327 (9th CIR. (2012). THE TILA CLAIM FROM THE JUDGE

MAKING A VALID RECONVEYANCE DEED INVALID. AND THAT DATE WAS WITH!

N THE ONE YEAR OCCURRENCE OF THE VIOLATION OF TILA.

16.the exibits attached do show the continued criminal aCTIVITY

AS IN ID (QUOTING H.J INC V, NORTHWESTERN BELL TELEPHONE CO

429 U.S. 229, 239 (1989).THIS CASE IS NOT A FRIVOLOUS CASE AND

THE EXHIBITS OF PROOF DO PROVE BEYOUND ANY SHADOW OF DOUBT THAT

THERE IS AND WAS CRIMINAL RACKETEERING HAPPENING!

ARr.!TlMRN"P

17 BANK OF AMERICA DID SETTLE WITH TERRY KERR SEE EXHIBIT L

AND SEE EXHIBIT M THE ACUAL SETTLEMENT PAPER. IF THEY DID NOTHING

WRONG WHY WOULD THEY SETTLE? THEN SEE EXHIBIT N WHERE TERRY KERR

AND HIS SONS WENT TO THE HOSPITAL FOR TREATMENT FROM BEING STABBE

D, POISONED, BEATEN, PURPOSELY INJURED AT SCHOOL WHERE THE MORMAN

MAFIA PAYED THE MORMAN KIDS TO PURPOSELY INJURE THE KERR CHILD

AND THE SCHOOL AND THE LAW ENFORCEMENT COVERED IT UP.

18. the appellants and thier families suffered actual injury

BECAUSE OF THE CONSPIRACY BETWEEN THE 4 EVIL VILLANOUS BAD FAITH

MISCONDUCT LAWYERS AND THESE FACTUAL ALEGATIONS GAVE RISE TO THE

JUSTICE DEPARTMENT TO DI AN INVESTIGATION INTO THE CRIMES AND THE

CRIMINAL RACKETEERING DONE BY THE NATIONSTAR MORTGAGE AND THE

ZIONS BANK AND THE MORMAN MAFIA. THE FACTUAL PROOF WAS ENOUGH TO

RAISE A CLAIM ABOVE THE SPECULATIVE LEVIL. ID (CITING 5 c WRIGHT

AND MILLER, FEDERAL PRACTICE AND PROCEDURE SECTION 1216 at 235-

236 ( 3d ed. 2004). THE FACTUAL INFERENCES ARISING FROM THE EVIL

CRIMES MUST BE ACCEPTED BY THE COURT. SIMPSON V. MARS INC. 929

p2d, 966,967 (NEV.1997). THE BAF FAITH MISCONDUCT OF THE ATTORNEY

s IS WELL DOCUMENTED. THERE rs A SUFFICIENCY OF EVIDENSE, SEE THE

ATTACHED EXHIBITS OF PROOF. THE OVERT ACTS IN COMMON DESIGN PROVE

THE CRIMINAL RACKETEERING THAT DID GO ON AND rs GOING ON AND THE

EVIDENSE OF THE COMMON PURPOSE TO RID THE NIGGERS FROM THE NEIGH

BORHOOD. THIS ILLEGAL AND REPREHENSIBLE CONDUCTIS OUTLINED IN

1 I"\

IDAHO 19 2111,18-1701 ,75 ALR 1411 , AND IN STATE V. MYERS 36 211

40,(1992),AND STATE VS HAMMOCK 18 IDAHO 424, 110,p 169.

19. THIS CIVIL CONSPIRACY WITH SPECIFIC INTENT TO ACCOMPLISH AN

UNLAWFULL OBJECTIVE AS IN WESCO, 149 IDAHO AT 898, 243 p3d at

1086 ( QUOTING MCPHETERS V. MAILE 138 IDAHO 391,395, 64,p3d 317,

321 (2003) ACCORDING Tp IRCP 9(B). THE APPELLANT HAS PROVED THE

VIOLATIONS WITH PARTICULARITY AND THE AWARDING OF DAMAGES IS PROV

IDED IN 15 use 1640 (A)(1)-(2).

C06CEES?ON

20. so how can the bad faith misconduct attorney STODDARD SAY

THAT HE DID NOT KNOW THAT THE CASE WAS IN FEDERAL COURT? EXHIBIT

0 IS THE DEFENDANTS DAVID DOUGLAS AND TERRY KERR NOTICE THAT

IN CASE CV=15-239 in court IN BONNEVILLE 7th DISTRICT COURT WITH

BAD FAITH MISCONDUCT JUDGE SIMPSON SAYING THAT TERRY KERR IS THE

ONE TELLING LIES SEE EXHIBIT E SIGNED BY JUDGE SIMPSON WHERE HE

SAYS THE CASE IN FEDERAL COURT IS NOT THE SAME AND THE HOUSE IS

NOT THE SAME, WHAT A BUCKET OF CRAP! judge simpson and lawyer

stoddard are the ones telling lies. BUT BOTH THE STATE BAR AND

THE STATE JUDICIAL RULED IN THEIR FAVOR AND EVEN THOUGH JUDGE

SIMPSON HAS A COMPLAINT FILED AGAINST HIM IN THE STATE JUDICIARY

HE STAYS ON THE CASE CAUSE OF THE UNDER THE TABLE MONEY BEING PAI

D TO HIM BY THE MORMAN MAFIA, DOCUMENTED!

21. eXHIBIT PIS THE ORDER FOR CHANGE OF VENUE FOR PLAINTIFF

TERRY KERR IN THE CASE CV-2012-4570. THE ORDER WAS SIGNED BY CHIE

F DISTRICT JUDGE GREGORY S. ANDERSON DISTRICT JUDGE FOR THE 7fh

JUDICIAL DISTRICT COURT IN BINNEVILLE COUNTY. HE SAID HE DID NOT

BELIEVE THAT TERRY KERR COULD GET A FAIR ANYTHING IN BONNEVILLE

COURT AND DID THE CHANGE OF VENUE. YET TINGEY IS NOW THE SAME

1 1

in the cit ( STAR V. to the kerrs and the doug~as are

RABELLO, 97 NEV. 124,125, 625 9 0 , 91 , 9 2 , 1 9 81 ) • AND THE

APPELLANTS ARE ASKINF FOR INJUNCTIVE RELIEF!

THE FINAL EXHIBIT IS EXHIBITS, THE OPPOSITION TO THE MOTION FOR

RECUSAL OF THE JUDGE IN HIS POCKET. WHO ELSE COULD THEY GET TO

uV~KTUKN A K~OCVEYANCE DEED BY THE COMPTROLLER OB CURRENCY FOR

NATIONAL BANKS AND THE BOARD OF GOVERNORS, WHO ELSE COULD HE GET

TO OVER TURN A FEDERAL JUDGES CASE, SAYING HE RULES EVEN GOD.

THE BAD FAITH MISCONDUCT LAWYER STODDARD AND THE EVIL SINISTER

NATIONSTAR MORTGAGE GOT WHAT THEY PAID FO~. A CROOKED JUDGE.

DONE AND DATED THIS 4th OF JULY, 2016.

BY PRO-SE APPELLANT DAVID

CERTIFICATE OF SERVICE

THIS IS TO CERTIFY THAT THE APPELLANTS REPLY BRIEF WAS SENT TO

NATIONSTAR MORTGAGE BAD FAITH MISCONDUCT LAWYER LEWIS STODDARD

ON THIS 4th DAY OF JULY 2016, BY UNITED STA~ES MAIL WITH A GOOD

TRACKING NUMBER. IT WAS SENT TO ( LEWIS STODDARD AT RCO LEGAL,

300 MAIN STREET, SUITE 150, BOISE, IDAHO 83702.

DONE AND DATED THIS 4th BAY OF JULY, 2016.

BY DAVID DOUGLAS PROS.-S~ APPELLANT)t~}J~

COPY TO: DEPARTMENT OF JUSTICE, 935 PENNSYLVANIA AVE, NW, WASHINGTON, D.C. 20554

12

LIST OF EXHIBITS OF PROOF

1 ORDER OF REFERENCE,2 PAGES 2. NOTICE OF PENDANCY OF ACTION ON 2895 WOODBRIDGE, FED CASE,2pag 3. NOTICE OF SALE ON 2895 WOODBRIDGE, STATE COURT,2 PAGES 4. ORDER BY JUDGE SIMPSON 1 PAGE 5, ORDER BY JUDGE SIMPSONTELLING LIES 1 PAGE 6. STODDARDS COMPLAINT SHOWING ERRONEROUSLY RECONVEYED DEED 7. IDEPENDANT FORCLOSURE REVIEW IN FAVOR OF DOUGLAS 8. NOTICE OF ILLEGAL STATE COURT ORDERED SALE 9. CHAPTER 1 OD TERRY KERRS BOOK, THE MORMAN MAFIA, 4 PAGES 10. ORDER REFERRING CASE TO MEDIATION 11.settlement with bank of america 12. times appellants went to the hospital from injuries

caused by the morman mafia, and covered up 13. NOTICE OF CASE 2§9 GOING TO FEDERAL COURT 14 ORDER FOR CHANGE OF VENUE FROM CORUPT 7th DISTRICT COURT 15. STODDARDS BRIEF TO THE FEDERAL COURT TO GET BACK TO STATE

COURT TO BE IN FRONT OF JUDGE IN HIS POCKET 16. motion for default filed but crooked judge changed date

with the clerk of the 7th district court to dismiss default 17. COPIES TO THE JUSTICE DEPARTMENT

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

DAVID DQUGLAS,

Plaintiff,

V.

ZIONS BANK, N.A.,

Defendant.

Case No. 4:15-CV-0055-EJL-REB

ORDEROF.KEFE.KENCE

IT IS HEREBY ORDERED that ALL MATTERS in the above case are referred

to United States Magistrate Judge Ronald E. Bush. Judge Bush is directed to conduct all

necessary and proper proceedings pertaining thereto.

If the matter is a non-dispositive motion, Judge Bush is directed to enter an

appropriate order as to disposition. A pai-ty contending the order is clearly erroneous or

contrary to law shall file written objections with the court within fourteen (14) da s. 28

U.S.C §636(b)(l)(A); Local Rule 72.1.

If the matter is a dispositive motion, Judge Bush may conduct any hearings,

:including evidentiary hearings and submit to the United States District Court proposed

findings of fact and recommendations as to disposition.

ORDER OF REFERENCE - 1

ttA)/~t~4f) · · · A party objecting to the proposed findings and recommendations shall file written /

objections with the court within fourteen (14) days. The Court will make a de novo

determination of those portions to which objection is made. 28 U.S.C. §636(b)(l)(B);

Local Rule 72.1 .

ORDER OF REFERENCE - 2

DATED: May 26, 2015

onorable Edward J. Lodge U.S. District Judge

~'.

DAVID DOUGLAS 2895 WOODBRIDGE CIRCLE IDAHO FALLS, IDAHO 83401 208-520-7266 PRO-SE PLAINTIFF

Instrument # 1505308 IDAHO FALLS, BONNEVILLE, IDAHO 8-19-2015 12:51:58 PM No. of Pages: 2 Recorded for: TERRY KERR RONALD LONGMORE Fee: 13.00 1/ fA lAA Ex-Officio Recorder Deputy _____ ..,_\\,A_lft_ "'-_ Index to: NOTICE

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

DAVID DOUGLAS,

PLAINTIFF,

-VS-

ZIONS BANK N.A.,AND NATIONSTAR MORTGAGE LLC,

DEFENDANTS.

--------------

)

)

) )

)

)

)

)

CASE NO. 15-0055-E.-REB

NOTICE OF PENDENCY OF THE ACTION

NOTICE IS HEREBY GIVIN PURSUANT TO IDAHO CODE THAT A

CIVIL LAWSUIT HAS BEEN FILED IN THE ABOVE REFERENCED COURT

AFFECTING THE TITLE TO THE REAL PROPERTY SUBJECT TO THIS

ACTION. SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS:

AKA, 2895 WOODBRIDGE CIRCLE, IDAHO FALLS,IDAH0,83401.

THE. APN# IS RPA51200060390 AND THE CODE-AREA IS 001-0003.

THE LEGAL IS LOT 39, BLOCK 6, WOODBRIDGE AT IVANS ACRES

swt, SEC.15, T 2N,R.

DATED THISL4 DAY OF AUGUST, 2015

BY DAVID A. DOUGLAS PRINTED '.l>AvH_:> ,.1 J?ouC,,L,.,_5

BY DAVID Ao DOUGLAS : SIGNED J:) .. _Q.A D,~~ ,,,.

STATE OF MONTANA ) SS)

COUNTY. OF YELLOWSTONE)

L._ I

ON THIS I~ DAY OF AUGUST, 2015, BEFORE ME THE UNDER

SIHNED, A NOTORY PUBLIC IN AND FOR THE SAID STATE, DID

COME BEFORE ME PERSONALLY, DAVID A DOUGLAS KNOWN TO ME,

TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN

INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE

SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND

AND I HAVE AFFIXED MY OFFICIAL SEAL, ON THIS DAY AND

YEAR IN THIS CERTIFICATE.

NO ARY PUBLIC FOR THE STATE OF MONTANA Ii

COMMISSION EXPIRES: [ Jt •Cpl/(,,,

Derrick J. O'Nei11!ISB #4021 RCO LEGAL, PC . I

300 Main Street, Suite 150 Boise, Idaho 83702 Telephone: 208-489-3035 Facsimile: 208-854-3998 doneiil@rcolegal.com

Attorneys for Plaintiff

O-e03 9015 ~ij~ ~,v~~ :1 ___ .. ··-·--·--·- .. -·····-··

...... •

.{~~15 OCT -5 Vil t,: Sf-: ·'-;,•_~~

~~; .J. \'

I.

-110

IN THE DISTRICT COURT qF THE SEVENTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE

Nationstar Mortgage LLC

Plaintiff,

VS.

DAVID A. DOUGLAS; TERRY KERR; BANK OF AlvIBRICA, N.A.; and Does 1-10

Case No. CV-15-239

NOTICE OF SALE

as individuals with an interest in the property -, legally described as: · ~-· \ _..

. .. Lot 39: Bi~~~~,- ;o·~-d~:d;~-~~I~~;s A~~:S,-~~ /~" t....__32ivisionNo. l, to the Gity ofiq$.Q fajfo,___ - __ ..... :---- '

Brumeville County, Idaho, according to the official plat recorded September 17, 2001 as InstrumentNo. 1057898.

\Vhich may commonly be known as: 2895 Woodbridge Circle, Idaho Falls, ID 83401.

Defendants.

Under and by virtue of an Order for Sale of Foreclosure executed on September 14, 2015

and entered with the Court on September 17, 2015, and Writ of Execution issued on September

25, 2015, out of and under the seal of the above-entitled Court on a Judgment recovered in said

Court in the above-entitled action on the 1th day of September, 2015, in favor of the above­

named Plaintiff, I am commanded and required to proceed to notice for sale to sell at public

NOTICE OF SALE, Page I

/1( I

auction the real property described in said Order for Sale of Foreclosure and Writ of Execution

and to apply the proceeds of such sale to the satisfaction of said Judgment and Decree of

Foreclosure with interest thereo;n and my fees and costs:

The property directed to be sold is situate in Bonneville County, State of Idaho, and is

described as follows, to::.wit:__ __ _ _ __ . ___ .. -- - -- --·- -

Lot 39, Block 6, Woodbridge at Ivan's Acres, Division No. 1, to the City of Idaho Falls, Bonneville County, Idaho, according to the official plat recorded September 17, 2001 as Instrument No. 1057898.

Which may commonly be known as: 2895 Woodbridge Circle, Idaho Falls, ID 83401.

NOTICE IS HEREBY GIVEN that on the Jfl day of L/7cVefA:{b. , 2015

at the hour of __ { __ o'clock p_.m., at the location of the Main Lobby of the Bonneville

County Sheriff's Office, I will attend, offer and sell at public auction all or so much of the above­

described property thus directed to be sold as may be necessazy to raise sufficient funds to pay

and satisfy the Judgment as set out in said Order for Sale of Foreclosure to the highest bidder

therefore in lawful money. The time period for redemption of the above property is six (6)

months from the date of sale herein.

The Sheriff, by a Certificate of Sale, ·will transfer right, title and interest of the judgment

debtor in and to the property. The Sheriff will also give possession but does not guarantee clear

title nor continue possessory right to the purchaser.

DATED This _b_ day of Qe,fob<Z.ir' 2015.

BONNEVILLE COUNTY SHERIFF

By:

NOTICE OF SALE, Page 2

thereof; (3) this Court "did away with" a valid reoonveyance of the Property; and ( 4) Kew

was improperly served. 11 1 \ ·

The filing of an appeal is not grounds, in and of itself, to stay execution of the

Judgment, which in this case, includes the sale of the Property. 12 As for Kerr's alleged !is

pendens, Kerr failed to provide· evidence to the Court of a valid lis pendens against the

Property. Assuming, for purposes of Douglas's and Kerr's Motions to Stay, that Kerr

filed a valid !is pendens against the Property, the purpose of a !is pendens is simply to

give notice of the pen~ency of a lawsuit affecting the title or the right to possession of

real property. 13 A !is pendens does not create a lien against the Property. 14 Thus,

assuming a valid !is pendens has been filed, the buyer at the foreclosure sale of the

Property will be put on notice that this case is pending and that the outcome of this

lawsuit may affect the title or right of possession of the Property. The !is pendens does

not provide a basis for staying execution of the Judgment.

Kerr's and Douglas's remaining arguments go to the substance of this Court's

Summa,y Judgment Order. Kerr and Douglas offer no new evidence or argument as to

why the foreclosure sale, currently scheduled for November 18, 2015, 15 should be stayed.

Neither Kerr nor Douglas currently inhabits the Property. 16 Additionally, Kerr peppers

his MemorandUil1 and oral argument with unfounded accusations that are both outrageous

··--------·-------

(hereinafter the "Property''). See: Complaint for Judicial Foreclosure, Nationstar Mortgage, LLC v. Douglas, Bonneville County case no. CV-2015-239 (filed January 14, 2015), at Exhibit A, p. 3, ii R. 11 Kerr's Memorandum, at pp. 1-2. 12 See: Judgment, at p. 2. 13 Benz v. D.L. Evans Bank, 152 Idaho 215,223,268 P.3d 1167, 1175 (2012) [citing: Idaho Code§ 5-505]. 14 Benz v. D.L. Evans Bank, 152 Idaho at 223, 268 P.3d at 1175. 15 See: Plaintiff's Memorandum in Opposition to Defendants David Douglas and Terry Kerr's Motion to Stay, Nationstar Mortgage, LLC v. Douglas, Bonneville County case no. CV-2015-239 (filed October 22, 2015), at p. 2. 16 · Douglas's Notice of Appeal, atp. I; Kerr's Memorandum, atp. 1.

ORDER.DENYING DEFENDANTS' MOTIONS TO STAY PENDING APPEAL 3

and defamatory. For exai11ple, Kerr refers to the undersigned as a "lap dogjudge,"17 .and ---- _, ---· r

a 'judge in the pocket of the criminal racke~'18 He labels opposing counsel as "the r- - -

criminal racketeering lawyer Lewis Stoddard."19 He repeatedly refers to a federal court

case which involves a different piece of property, which case has no bearing upon the suit

at bar.20 Based u on the lack of relevant argument as to the need for or benefit of a stay ----on appeal, as well as tenor of the arguments forwarded by Kerr, it appears to this Court ~-

that Kerr and Doug)as seek only to delay the inevitable foreclosure of the Property.

For these reasons, lT IS ORDERED that Douglas's Motion to Stay Pending

Appeal and Kerr's Motion for Stay Pending Appeal are hereby denied.

!}iv DATED this day of November 2015.

17 Kerr's Memorandum, at p. 2. is Id. . 19 Kerr's Memorandum, at p. 3. 2° Kerr's Memorandum, at pp. 1, 3. See also: Douglas's Amended Notice of Appeal, at Exhibit E.

ORDER DENYING DEFENDANTS' MOTIONS TO STAY PENDING APPEAL 4

2. David A. Douglas (hereinafter collectively referred to as "'Douglas") may claim an

interest in the property located in Bonneville County, Idaho.

3. Terry Kerr may claim an interest in the property under a Quit Claim Deed

recorded July 2. 2012..

4. Bank of America, N.A. may claim an interest in the property pursuant to a

judgment recorded on January 27, 20!2 as Instrument No. 1408238.

5. Does l-IO are individuais with an interest in the property legally described abo\le

and commonly known as: 2895 Woodbridge Circle, Idaho Falls, ID 8340 l.

6. The amount involved in this controversy exceeds the jurisdictional requirements

of this Court. ~

COUNTI

FORECLOSURE

7. On or about January 5, 2006, David A. Douglas executed a promissory note to

secure a potential total indebtedness of $273,000.00. The deed of trust recorded on January 10,

2006 as Instrument No. 121 J 646, mortgage records of Bonneville County, Idaho and secured the

property located in Bonnevllle County, Idaho and more particularly described as follows:

Lot 39, Block 6, Woodbridge at Ivan's Acres, Division No. , to the City ofldaho Falls, Bonneville County, Idaho, according to the official piat recorded September 17, 200 as lnstrument No. I 057898.

Which may commonly be known as: 2895 Woodbridge Circle, Idaho Falls, ID 83401.

A true and correct copy of the note and deed of trust are attached hereto as Exhibit A. The Deed ,.__,,, erroneously reconveyed on January I 0, 2006. __ _.:·::;;;-:JJK~--_:_--__..__-of Trust was A Notice of Rescission of

COMPLAINT FOR JUDICIAL FORECLOSURE. Page 2

R043

Paying Agent - Rust Consulting, Inc. P.O. Box 3036 Faribault, MN 55021-2636

IMPORTANT PAYMENT AGREEMENT INFORMATION ENCLOSED January 27, 2014

1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Your payment L, enclosed. n1001217138-7513386*

**SNGLP DAVID A DOUGLAS 2895 WOODBRIDGE CIR IDAHO FALLS, ID 83401-3379 1111 I II' 11 I 11 Ul 11 I 111111111 h •h 11 I I I 11111111111111 h 11111111111

Dear David A Douglas,

Reference Number: 1001217138 Property Address:

2895 WOODBRIDGE CIR IDAHO FALLS ID 83401

Si usted habla espano/, tenemos representantes que pueden asisti;/e en su idioma.

II I I Ill llll I II II II IIIII Ill II II II Ill I I Ill

You were recently sent a notice that you are eligible to receive a payment as a result of an agreement between federal banking regulators and GMAC Mortgage, LLC in connection with an enforcement action related to deficient mortgage servicing and foreclosure processes.

This letter includes your check. It also explains the amount of the payment, why you are receiving a payment, how to cash the check, and other important information and disclosures.

I Why you are receiving a payment

In July of 2013, GMAC Mortgage, LLC entered into an agreement with the Board of Governors of the Federal Reserve System. This agreement resolved the Independent Foreclosure Review required by the Board of Governors. Additional information about this agreement can be found at www.federalreserve.gov.

Regulators determined your payment amount based on the stage of your foreclosure process and other considerations related to your foreclosure.

I How to cash the check

You must cash or deposit the check within 90 days, or the check will be void. All borrowers listed on the check must sign it to cash it.

The payment amount is final.

There is no process to appeal the payment.

Continued on reverse side

GMAC2014 A 1 LON 000202543

DAVID A. DOUGLAS 2895 WOODBRIDGE CIRCLE IDAHO FALLS, IDAH0,83401 208-520-7266 OCTOBER 28, 2015

RE: NOTICE OF ILLEGAL SALE

GREETINGS BONNEVILLE COUNTY SHERIFF.CIVIL DEPARTMENT,

1. EXHIBIT A IS THE NOTICE OF THESALE OF THE HOME ON 2895

WOODBRIDGE CIRCLE BY THE SHERIFF CIVIL DEPARTMENT. THE SALE

IS TO BE HELD ON THE 18th DAY OF NOVEMBER, 2015.

2. EXHIBIT BIS THE NOTICE OF PENDANCY OF ACTION FILED IN THE

BONNEVILLE COPNTY RECORDERS OFFICE, SEE INSTRUMENT# 150~308.

THIS IS· A FEDERAL LIS PENDANS COURT LIEN AGAINST THE PROPERTY

CASE NUMBER FEDERAL COURT 15-0055-E.REB. A PROPERTY CANNOT BE

SOLD WITH THE LIS PENDANS FEDERAL COURT LIEN. ONLY BY ORDER

-·-·······- -FROM THE FEDERAL JUDGE cAii THE· PROPERTY ·:sE· SOLD-~ THE ·cASE IN· ..

FEDERAL COURT IS STILL PENDING.

3o THE UNSCRUPULOUS AND UNETHICAL ATTORNEY LEWIS STODDARD WILL

SAY THAT IT IS THE SHERIFFS FAULT THAT A HOUSE WAS SOLD THAT

CANNOT BE SOLD. THE BONNEVILLE COUNTY SHERIFFS DEPARTMENT HAS

ALWAYS TREATED ME FAIRLY AND IS BEYOND .AJ:iPROACH. SO I AM JUST '} ,.

LETTING THE SHERIFFS OFFICE KNOW OF A LEGAL PROBLEM, IN CASE

CV- 15-2429 in bonneville county 7th DISTRICT COURT ATTORNEY

LEWIS STODDARD IS BEING SUED FOR 30 MILLION DOLLARS FOR

CRIMINAL RACKETEERING. AS FOR HE IS A REAL UNDER THE TABLE

VILLIAN. THIS SALE OF THE HOUSE WHEN IT CANNOT BE SOLD WILL

RESULT IN ANOTHER LAWSUIT. ~IGNED

THANK YOU FOR YOUR TIME AND CONCERN IN THIS MATTER!

THE LATTER DAY SATENS

IN THE CITY OF NAUVOO, ILLINOIS IN 1930, IN A SPEECHrBY, JOSEPH SMITH THEY CREATED A MORMAN KINGDOM IN THE SOVEREIGN

STATE OF ILLINOIS.(IBID, PAGE 104). SMITH STAED I WISH ALL TO

KNOW THAT THAT THE MORMANS HAVE ALL POWER, AND ANY MAN FROM THIS

TIME FORTH SAYS ANYTHING TO THE CONTRARY,(CAST IT INTO HIS TEETH)

AND ANY MAN THAT SAYS CONTRARY IS A FOOL. (HISTO~Y OF THE CHURCH

VOL. 5 PAGE 466). IN THE PLAINTIFFS CASE IN THE COURT OF APPEALS

OF THE STATE OF IDAHO DOCKET NO. 41670, TERRY KERR V. BANK OF

AMERICA THE PLAINTIFF DID TELL ABOUT THE MORMAN MAFIA HAD THE

CASE XCLOSED OUT IN 2 WEEKS INSTAED OF 2 YEARS LIKE THE LAST

TIME. CAUSE TERRY KERR INCLUDED THE STORY ABOUT JOS~PH SMITH

WHERE SMITH HAD THE MORMAN MAFIA DESTROY THE NAUVOO EXPOSITOR

CAUSE IT DID A TRUE STORY ABOUT JOE SMITH. IN THE CASE DOCKET

NO. 41670 PLAINTIFF TERRY KERR TOLD HOW SMITH TOLD A 14 YEAR OLD

GIRL THAT IF SHE DID NOT MARRY HIM THAT HE WOULD NOT LET HER

PARENTS INTO.HEAVEN. JOE SMITH WAS NOT JESUS BUT THOUGHT HE WAS.

JOE SMITH WAS THE GOLDEN CALF LIAR. SO MUCH FOR THOUGH SHALL

NOT HAVE ANY OTHER GODS BEFORE ME. WELL, WHEN THE STORY CAME OUT

AND SMITH HAD THE PRINTING PRESS DESTROYED AND THE PERSONS HOME

BURNT TO THE GROUND. THEN THEY WENT TO THE GOVERNOR AND HE ORDER­

SMITH TO JAIL. WHILE IN JAIL HE SHOT AND KILLED 2 MEN AND THEN

HIS BROTHER AND JOE SMITH WERE SHOT DEAD, FOUR TIMES EACH IN THE

HEAD. SO MUCH FOR THOU SHALL NOT KILL. (BRIGHAM YOUNG AND HIS

WIVES, PAGE 34.) THE THING THAT REALLY DISTURDED THE MORMAN

LEADERS WAS THAT THE NAUVOO EXPOSITOR EXPOSED THE FACTS. BEYOND

ALL DOUBT THE STAEMENTS IN THE EXPOSITOR WERE TRUE.(HISTORY OF

THE CHURCH,VOL. 6,pp441-445.). JUST LIKE NOW THE AD IN THE PAPER

THE POST REGISTER OF IDAHO FALLS RAN THE PLAINTIFFS AD FOR HIS

BOOK THE MORMAN MAFIA ONLY ONE TIME AND THE AD IN THE TV STATION

CHANNEL 6 ONLY ONE TIME AND THE STATION WAS SHUT DOWN,CLOSED,

AND THE TV REPORTER PHIL WAS FIRED. IDAHO FALLS IS JUST LIKE

NAUVOO, THE TRUTH CANNOT BE TOLD. THE MORMAN MAFIA SEES TO IT.

8. EXHIBIT A IS THE WAGON TRAIN CELEBRATION I WENT TO RECENTLY.

AND ALSO THE PRINCETON THEOLOGICAL SEMINARY WHO DID ALL THE

LOOKING UP MY STORY TO VERIFY THE FACTS AND EVIDENSE.

A. MY GRANDPARENTS CAME TO MONTANA BY WAGON TRAIN FROM THE

INDEPENDANCE MISSOURI. THEY WERE GOING TO GO TO CALIFORNIA BUT

A MORMAN MAN WHO USED TO BE IN THE MORMAN MAFIA TOLD EVERY ONE

THAT GOING TO CALIFORNIA THREW UTAH WAS A DEATH TRAP. HE SAID

THAT THE MORMANS DID KILL THE PEOPLE ON THE SMALL WAGON TRAINS

AND STEAL ALL THEIR PROPERTY, LIVSTOCK ETC. ON A REGULAR BASIS.

THAT IS WHY THE SMALL WAGON TRAIN WENT TO MONTANA INSTEAD. THE

MAN SAID THAT HE WAS SHOT A HAD DIED AND WENT TO THE MORMAN

PURGATORY,:A PREPERTORY STAGE BEFORE THEY WENT TO HELL OR FIRE

LAKE. HE SAID THAT THE MORMANS WERE CAST INTO A LAKE OF. LIQUID

SHIT AND IT HAD HIGH WALLS BUT WAS SHALLOW~ HE SAID THAT THE

LAKE OF SHIT WENT BACK AND FORTH ALL THE TIME LIKE TIDES IN AND

OUT OF THE OCEAN. TO ME IT WAS LIKE A METAL BALLS ON A STRING

AND YOU LIFT ONE UP AND THEY STRIKE THE OTHER AND GO BACK AND

FORTH ENDLESSLY. THE BACK AND FORTH MOTION AT BOTH ENDS OF SHIT

LAKE. THERE WERE SERPENTS IN THE LAKE THAT ATE THE MORMAN PEOPLE

AND THEN THERE WERE SMALL BEATLE LIKE BUGS THAT ALSO WOULD BITE

THEM SERIOUSLY, CAUSING BLOOD THAT ATTRACKED THE SERPENT LIKE

SHARK CREATURES TO DEVOUR THEM, ALL THE TIME THE CONSTANT WAVES

OF SHIT LAKE WOULD SPLASH OVER THEM. THEN WHEN THEY DIED THE

MORMANS WOULD GO TO FIRE LAKE WHERE THEY WERE BURNTLIKE AN OLD

PIPE THAT STINKS WITH LONG USAGE AND CORRUPTION UNTILL. COMPLETELY

BURNT OUT. LIKE IN THE BOOK OF MORMAN (ALMA J4zli=l~. ~HE MORMANS

THE MORMANS STILL TO THIS DAY REFUTE THAT THEY SYSTEMACTICALLY

KILLED THE PEOPLE ON THE WAGON TRAINS AND ROBBED THEM. THE

MOUNTAIN MEADOW MASSECRE IS NOW A NATIONALLY RECOGNIZED

HISTORICAL MONUMENT IN UTAH, BUT HUNDREDS OF OTHER TIMES THEY

GOT AWAY WITH IT. THAT IS WHY MY BOOK THE MORMAN MAFIA FROM

THE WAGON TRAIN DAYS TO NOWADAYS WAS NEVER PUBLISHED CAUSE THE

MORMANS BOUGHT THE COMPANY I WAS DOING BUSINESS WITH. THE FACTS

AND THE TRUTH CAN NEVER BE TOLD.

9. EVEN THE TRUTH WRITTEN BY LUCY SMITH, JOE SMITHS MOTHER WAS

DESTROYED AND BURNT UP CAUSE THE TRUTH CAN NEVER BE TOLD. THE

(MILLENNIAL STAR, VOL 27 pp657,658.0 IT WAS BRIGHAM YOUNG IN HIS

FIRST YESR OF THE PRESIDENTCY ORDERED THAT THE BOOK BE GATHERED

UP AND DESTROYED CAUSE THE TRUTH ABOUT JOE SMITH COULD NOT BE

TOLD. HE WAS ORDAINED A KING AND ALSO RAN FOR PRESIDENT AND

WAS A GENERAL OF THE MORMAN ARMY MAFIA, HE RAN FOR THE UNITED

STATES PRESIDENTCY IN 1844,(Quest for an empire p74.) IN THE

1960 to 1967 THEY HAD THE MORMAN MISSIONARIES GATHER UP THE

MORMAN BOOKS THAT TOLD THE TRYTH AND BURNT THEM. THE REAL TRUTH

CANNOT BE TOLD. JOE SMITH WAS CHARGED WITH SEER FRAUD FOR THE

GETTING PAID TO TELL WHERE TREASURES WERE. 12 DIFFERENT PEOPLE

CHARGED HIM AND HE WAS FOUND GUILTY IN THE GLASS LOOKER CASE

U.S. GOVERNMENT VS JOE SMITH, MARCH 20,1826, documented. HE LATER

USED THE GLASS STONE TO FIND THE GOLDEN PLATES, ANOTHER HUGE SCAM

WHEN ASKED TO SIMPLE WRITE THE STORY OVER TO SHOW THE PLATES DID

EXIST HE COULD NOT DO CAUSE IT IS HARD TO REMEMBER ALL THE LIES!

10. SO SOMEONE THAT TELLS THE TRUTH STILL CANNOT TELL THE TRUTH

CAUSE THE ZIONS BANK WOULD LOSE LOTS OF MONEY FROM THE NON-morman

GROUP THAT HEARD THE TRUTH.

11. then we have the race factor( A BLACK MAN IS A CURSE OF

HEAVEN PLACED UPON MANKIND) JUVENILE INSTRUCTOR, VOL. 3 p157.

PRESIDENT JOSEPH FIELDING EXPLAINED THE LATTER DAY SATENS VIEW

CONCERNING BLACKS {NOT ONLY WAS CAIN CALLED UPON TO SUFFER, BUT

BECAUSE OF HIS WICKEDNESS HE BECAME THE FATHER OF AN INFERIOR

RACE OF PEOPLE, BLACKS.( THE WAY TO PERFECTION, SALT LAKE CITY

1935 pp 101, 102.) THIS IS EXACTLY WHY THE TRUTH CANNOT EVER BE

TOLD. ETHICS, EQUALITY, AND PRINCIPLES OF JUSTICE AND FAIRNESS DO

NOT CHANGE JUST BECAUSE YOU ARE LATTER DAY SATENS WHO MUST

DESTROY THE TRUTH THREW THE MORMAN MAFIA! THE MORMANS HAVE ALWAYS

COVERED UP THE TRUTH CAUSE THE TRUTH CAN NEVER BE KNOWN CAUSE OF

THE EVILNESS AND SINISTER WAYS OF THE LATER DAY SATEN CHURCH. THE

LDS MAKES THE TELLING OF LIES INTO AN ART FORM. LIKE SAYING THAT

JOESPH SMITH WA.S KILLED CAUSE HE TOLD THE TRUTH ABOUT JESUS! WHAT

TOTAL LIES. J.OE SMITH WAS ARRESSED FOR THE CRIME OF BREAKING THE

PRINTING PRESS OF THE NAUVOO PAPER CAUSED IT TOLD THE TRUTH ABOUT

JOE SMITH TELLING A 14 YEAR OLD GIRL THAT IF SHE DID NOT MARRY

HIM HE WOULD NOT LET HER PARENTS INTO HEAVEN! HE WAS FOUND GUILTY

IN THE LOOKING GLASS CASE OF TAKING MONEY FROM PEOPLE FOR THE

TELLING THEM WHERE TREASURES WERE BURIED. THEN THE LOOKING GLASS

TOLD HIM WHERE THE GOLDEN PLATES WERE. ANOTHER HUGE SCAM. THERE

WAS A CASE AGAINST A MORMAN BISHOP WHO MOLESTED BOY SCOUTS AND IT

TOOK 32 YEARS TO SETTLE CAUSE OF THE COVERUP. THE MORMANS ARE

REAL GOOD AT COVER UP AND BUYING OFF THE LAW ENFORCEMENMT AND THE

PROSECUTORS ETC. THE MORMAN MAFIA SEES TO IT! THE TRUTH IS THAT

LDS STANDS FOR THE LATTER DAY SATENS!

DONE AND DATED THIS 18th DAY OF AUGUST, 2015, BY PAUL R. WILDE

INFORMATION CAME FROM CASE NO. CV-15-2429 bonneville 7th DISTRICT

JN TRE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF THE

STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE

TERRY LEE KERR,

Plaintiff,

vs.

BANK of Alv.IBRICA, N.A., et al,

Defendants.

) ) ) ) ) ) ) ) )

Case No. CV-2009-3143 ID

ORDER REFERRING CAS~O MEDIATION n

c:,

;::, ... , ~~· -r:: 5:~

The Court, being duly advised, concludes that this case is appropriate for referral to

mediation under I.R.C.P. I6(k).

Therefore, this case is hereby referred to mediation pursuant to I.R. C.P. I 6(.k). The

parties are hereby ordered to confer and select a mediator on or before January 29, 2010. If a

mediator is not selected on or before January 29, 2010, the parties are to notify the Court within

ten (10) days and the Court will appoint the mediator.

The initial mediation session must be scheduled by the mediator within forty-two ( 42)

days after the .q:iediator has been selected or appointed, unless this time period is extended by

court order.

All nmned parties or their agents with full authority to. settle, together with the attorneys

responsible for handling the trial in this cause, are directed to be present during the entire

mediation process pursuant to I.R.C.P. 16(.k)(l 0)) unless otherwise excused by the mediator upon

a showing of good cause orby order of this Court.

The costs of mediation are to be divided and borne equally by the parties.

ORDER REFERRING CASE TO MEDIATION- I

remedies provided by the Loan Documents; and

B. I understand that the Loan Documents will not be modified unless and until ( 1) I return a signed and notarized (if required) copy of this Agreement to Lender, (2) the Lender accepts this Agreement by signing it, and (3) the Modification Effective Date (as defined in Section 3 below) has occurred.

3. The Modification. If all of my representations in Section 1 continue to be true in all material respects and a!! preconditions to the modification set forth in Section 2 above have been met, the Loan Documents will automatically become modified on 04/0112015 {the "Modification Effective Date").

A. As part of this Modification, I agree that all amounts and arrearages that are or will be past due as of the Modification Effective Date, including unpaid and deferred interest, fees, charges, escrow advances, and other costs, but excluding unpaid late charges, ( collectively "Unpaid Amounts") less any amounts paid to Lender but not previously credited to my Loan, will be added to the current principal balance of the Note. This combined principal balance will be $305,189.84 (the "Combined Principal Balancen). Any fees or charges incurred in connection with the servicing of your loan which were not invoiced before we calculated the Unpaid Amounts wm appear on your monthly statement under "Fees and Charges." These amounts may be paid when billed or at any time afterward. They will not accrue interest or late fees. If they remain unpaid, they must be satisfied at the earlier of: (i) the date you sell or transfer an interest in the Property, (ii} the date you pay the entire New Principal Balance, or (iii) the Maturity Date. I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement unless those amounts are either deferred as non-interest bearing or forgiven as specified in this Agreement.

~ B. $185,689.84 of the Combined Principal Balance is hereb permanently )X\ ~ will be deducted from the unpaid principal balance. u her

edge that lender may be required to report the amount of principal forgiveness to the IRS and that any tax liability arising out of that forgiveness shall be my responsibility. I further acknowledge that Lender has recommended that I consult my own tax advisor to determine how this forgiveness impacts my personal situation.

C. As of the Modification Effective Date the principal balance of the loan that remains due and payable is ,~~600:*'fthe"'New Prtncipa! Bak:moe").

MEDICAL RECOVERY SERVICES, LLC DEBT COLLECTIONS PO BOX 51178 / 430 SHOUP AVE IDAHO FALLS, ID 83405 (208 359-9447

TERRY KERR 2895 WOODBRIDGE CIR IDAHO FALLS, ID 83401-3379

l I,. I, 11 II,. I,, I ll1111, ,II. ,I I, 11 II, I, 11 I I. I,, I, I 1, 1 l,I. I •• I.I

***************FINAL NOTICE***************

YOUR ACCOUNT MUST BE PAID! OUR RECORDS INDICATE THAT A COLLECTION EFFORT TO RECOVER THIS DEBT WILL BE SUCCESSFUL. DO NOT FORCE US TO TAKE FURTHER ACTION.

SEND PAYMENT TO OUR OFFICE IMMEDIATELY.

THE COLLECTION DEPARTMENT

ACCT# CLIENT AMOUNT INT FEES TOTAL 28226 Intermountain Emergency Ph 280.40 0.00 0.00 280.40 34236 Mountain View Hospital 72.53 0.00 0.00 72 .53 36612 Intermountain Emergency Ph 179.82 0.00 0.00 1 79. 82 40532 Community Care 17th 84.42 0.00 0.00 84. 42 56235 Intermountain Emergency Ph 200.84 0.00 0.00 200.84 57789 Intermountain Emergency Ph 203.80 0.00 0.00 203. 80 59896 Terry Baker M.D. P.A. 135.00 0.00 0.00 135.00 61 759 Community Care Westside 65.89 0.00 0.00 65.89 70004 Intermountain Emergency Ph 295.00 0.00 0.00 295.00 70005 Interrnountain Emergency Ph 219.44 0.00 0.00 219.44 77847 Intermountain Emergency Ph 206.00 0.00 0.00 206.00 81915 Intermountain Emergency Ph 42.20 0.00 0.00 42.20 85150 Community Care Westside 79.38 0.00 0.00 79.38 88251 Intermountain Emergency Ph 83.88 0.00 0.00 83.88 104419 Intermountain Emergency Ph 9.98 0.00 0.00 9.98 108135 Intermountain Emergency Ph 31. 97 0.00 0.00 31. 97 114590 Intermountain Emergency Ph 11. 92 0.00 0.00 11. 92 114591 Intermountain Emergency Ph 10.13 0.00 0.00 10.13 130498 Intermountain Emergency Ph 32.58 0.00 0.00 32.58 162292 Intermountain Emergency Ph 519.00 0.00 0.00 519.00 166659 Intermountain Emergency Ph 11. 54 0.00 0.00 11. 54 181467 Intermountain Emergency Ph 21. 92 0.00 0.00 21. 92 Continued on next page

JO ~

DAVID A. DOUGLAS 2895 WOODBRIDGE CIRCLE IDAHO FALLS, IDAHO 83401 208-520-0781 PRO-SE DEFENDANT

IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE

MAGISTRATE DIVISION

NATIONSTAR MORTGAGE LLC,

PLAINTIFF,

vs.

DAVID A. DOUGLAS, TERRY HERR, BANK OF AMERICA,N.A. AND DOES 1-10,

DEFENDANTS.

CASE NO. CV-15-239

DEFENDANTS NOTICE OF REMOVAL OF CASE TO FEDERAL COURT

PLEASE TAKE NOTICE THAT DEFENDANT DAVID A. DOUGLAS FILED

A NOTICE OF REMOVAL OF THIS ACTION TO THE UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF IDAHO ON FEBRUARY 20, 2015, PURSUANT

TO U.S.C. 1446(0). THE INSTANT PROCEEDINGS BEFORE THIS COURT

SHALL PROCEED NO FUTHER. SEE EXHIBIT A. CIVIL PRACTICE RULE 81 .1.

CERTIFICATE OF SERVICE

THE DEFENDANT DAVID A. DOUGLAS DOES HEREBY CERTIFY THAT A COPY

OF THE NOTICE OF REMOVAL WAS SENT TO THE PLAINTIFFS ATTORNEYS AT

RCO LEGAL, 300 MAIN STREET, SUITE 150, BOISE, IDAHO, 83702, ON , THIS 20th DAY OF FEBRUARY, 2015,

DONE AND DATED THIS 20th DAY OF FEBRUARY, 2015.

BY DAVID A. DOUGLAS PRO-SE DEFENDANT 'J)~Q.,J)~

vs.

\

'-ff!_ ~dii/ IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT uf THE

STATE OF IDAHO, IN FOR THE COUNTY

TERRY KERR, ) )

Plaintiff, ) Case No. CV-2012-4570 ___.., ) ) CHA1'\TGE \

~E )

RECONTRUST COMPANY N.A. )

AND BANK OF AMERICAN.A., ) )

Defendants. )

d O ~tJ.s of ffl<'rJefi-t, Based on the Motion of the Plaintiff, and good cause a earing therefore, the Plaintiffs

~

Motion for Change of Venue is GRANTED. The Clerk of the Court is hereby ORDERED to

transfer the file to the District Court, Sixth Judicial District, Bannock County, State of Idaho.

DATED this 22 day of April, 2013.

Gregory S. Anderson DISTRICT JUDGE

Plaintiff has demonstrated inability to [any] set of in support

that would entitle him to relief' and his RICO claim should be dismissed with prejudice. See

Barrett V. Belleque, 544 F.3d 1060, I 062 (9th Cir. 2008).

II. THE COURT SHOULD NOT EXERCISE SUPPLEMENTAL JURISDICTION.

Because Plaintiff has not adequately pled any federal claim, the Court should decline to

exercise supplemental ·urisdiction over any of Plaintiff's remaining state law claims. Because

this case is in its beginning stage, the balance of factors "point[s] toward declining to exercise ~---·" ··'"""~~

~ ", (/Jurisdiction over the remaining state law claims." Voseph v. Boise State Univ., 998 F. Supp. 2d

928, 949 (D. Idaho 2013). In the absence of viable federal claims, Plaintiff's state claims are

appropriately heard in state court. The Court should therefore decline to exercise supplemental

jurisdiction, and dismiss Plaintiff's remaining state law claims.

III. IF THE COURT EXERCISES JURISDICTION OVER THIS MATTER, IT SHOULD DISMISS MANY OF DOUGLAS'S STATE LAW CLAIMS.

If the Court exercises jurisdiction over Douglas's state court claims, all of the claims

(except the contract claims) should be dismissed.

A. DOUGLAS HAS A WRITTEN CONTRACT WITH ZIONS BANK.

Douglas has not and cannot dispute that his unjust enrichment claim should be dismissed

because "there [is] an enforceable express contract covering the same subject matter." Wilhelm

v. Johnston, 30 P.3d 300,307 (Idaho Ct. App.2001 ); Vanderford Co. v. Knudson, 165 P.3d 261,

272 (Idaho 2007) (The doctrine of "unjust enrichment is not permissible where there is an

enforceable express contract between the parties which covers the same subject matter.")

Douglas's unjust enrichment claim is based on the same alleged wrongdoing as Dougias's breach

of contract claims and should therefore be dismissed. (Com pl. 6-7 .)

5

TERRY KERR 2895 WOODBRIDGE CIRCLE IDAHO FALLS, IDAHO 83401 208-520-7266 PRO-SE PLAINTIFF

IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE

TERRY KERR,

PLAINTIFF,

-VS-

NATIONSTAR MORTGAGE LLC, ZIONS BANK N, A, LEWIS N. STODDARD, AND ROBERT H. SCOTT, ATTORNEYS.

DEFENDANTS.

CASE NO. CV-15-2429

MOTION FOR DEFAULT

COMES NOW PLAINTIFF PRO-SE TERRY KERR WITH HIS MOTION

FOR DEFAULT. THE PLAINTIFF DID SERVE THE DEFENDANT LEWIS N.

STODDARD THE SUMMONS AND THE COMPLAINT ON MAY 27, 2015 AT

12:15 P.M. AT HIS LAW OFFICE AT 300 MAIN STREET, IN BOISE,

IDAHO, 83702. THIS SUMMONS AND COMPLAINT WAS SERVED BY THE

ADA COUNTY SHERIFF GARY RANEY. SEE EXHIBIT A. ATTACHED. THE

SUMMONS SAID QUITE CLEARLY THAT YOU HAVE 20 DAYS TO RESPOND.

IT ALSO SAID THAT AN APPROPRIATE WRITTEN RESPONSE REQUIRES

COMPLIANCE WITH IDAHO RULE 10(A)(1 ). BEING A LAWYER LEWIS

STODDARD SHOULD KNOW THAT HE IS REQUIRED TO RESPOND BUT AGAIN

HE BELIEVES THAT HE IS ABOVE THE LAW AND THAT HE DOES NOT HAVE

TO FOLLOW THE LAW BECAUSE HE IS A BAD FAITH MISCONDUCT LAWYER

AND IS ABOVE THE LAW. EXHIBIT BIS THE ANSWER FROM THE NATION

STAR MORTGAGE AND ATTORNEY ROBERT H. SCOTT, IT SAYS ATTORNEYS