IN THE CIRCUIT COURT OF THE TWENTY FOURTH JUDICIAL CIRCUIT IN AND FOR SANILAC COUNTY, MICHIGAN CIVIL ACTION

John E. Sedlak Kathleen R. Sedlak Kimberly A. Cory Harmed Sole parties of interest Vs. Trott & Trott, P.C. Washington Mutual Bank (WAMU) Federal Deposit Insurance Corporation (FDIC) JP Morgan Chase Bank (JPMC) Chase Home Finance LLC (CHF) Sanilac County Sheriff Department as Purported employer for Jessica Ratcliff Purported Deputy Sherff

Case No. Hon. Donald A. Teeple

John E. Sedlak Kathleen R. Sedlak Subject Property Owner(s) Injured Parties 2995 Germania Rd. Snover, MI 48471 Kimberly Cory Subject Property Owner Injured Party DPOA John E. Sedlak/Kathleen R. Sedlak PO Box 24 Applegate, MI 48401 (810) 404-7767

Trott & Trott, P.C. Purported Attorneys for Purported Servicer(s) 31440 Northwestern Highway, Suite 200 Farmington Hills, MI 48334-2525 JP Morgan Chase Bank Chase Home Finance LLC Purported Servicer(s) Corporate Headquarters 270 Park Avenue, Midtown, Manhattan New York City, New York Purported Servicer

EX PARTE AND EXPEDITED MOTION TO RESTRAIN AND BAR PURPORTED MORTGAGE SALE Comes now, John E. Sedlak, Kathleen R. Sedlak, a married couple and Kimberly A. Cory, a single woman who are Sovereign Native North Americans and herein referred to as THE PEOPLE and are appearing by special appearance only for the limited purpose of Motioning this Sanilac County Court to issue an injunction order forever barring, reversing, voiding, invalidating and dismissing non-judicial alleged illegal purported mortgage sale which purportedly commenced by an through purported Deputy Sheriff; Jessica Ratcliff; on date of July 07, 2011, at exactly 10:00AM, upon the following Land Situated in the State of Michigan, County of Sanilac, Township of Lamotte: Commencing at the Northeast corner of the Northeast quarter of Section 2, Town 12 North, Range 12 East, thence West 350 feet, thence South 150 feet, thence East 350 feet, thence North 150 feet to the point of beginning; Parcel# 140-002-100-020-00. Said property; 140-002-100-020-00 is LAWFULLY OWNED by John E. Sedlak, Kathleen R. Sedlak and Kimberly A. Cory in whole or in part and sworn under oath herein.

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Standard filing fees will be gladly paid as a result of this request, as was offered previously to the Sanilac County Clerk staff. By public authority, Kimberly Cory presents for the purpose of convenience, and reminder, Constitutional Laws, Legislature, together with violations, in brief, as written herein already learned, studied, acknowledged, sworn and practiced within the jurisdiction of this court, judicial departments of this docket, public officers, elected and employed law enforcement and governing officials, city, county, state and federal office subordinates named in public and non-public records acting in County of Sanilac, State of Michigan in the United States of America. Laws in which must be followed by every United States Citizen and every other person or entity entering the Sanilac County, Michigan, United States, including businesses, Judges, Attorneys, and BANKS. Count I Fact(s) and Complaint(s)

1.

Kimberly Cory and Purported Deputy Sheriff; Jessica Ratcliff had maintained weekly personal, verbal, and telephone communication from June 09, 2011 through July 07, 2011. Jessica Radcliff; a purported Deputy Sheriff acting in Sanilac County, Michigan is believed to have conspired against THE PEOPLE and for unknown purported foreclosure mill Attorneys at Trott and Trott PC by discussing specific details of physical, documented evidence brought forth in good faith by Kimberly Cory. a. Kimberly Cory, through an independent investigation provided documented evidence of fraudulent Notary signature which IS recorded within the Register of Deeds office of Sanilac County. Said evidence was copied and hand delivered in good faith to the Sanilac County Sheriff Administration Office, Prosecuting Attorneys office AND Register of Deeds office on June 21, 2011. On July 07, 2011; date of purported Mortgage Sale, purported Deputy Sheriff Jessica Ratcliff had possessed a copy of those documents together with a copy of the last known recorded Washington Mutual Mortgage, which was physically requested, printed, and obtained from the Register of Deeds office at her own free will, act, and deed. Purported Deputy Sheriff Jessica Ratcliff had never made ANY attempt to investigate county records on behalf of The People rather, purported Deputy Sheriff investigated AND conspired to investigate county records FOR alleged criminal(s), Trott and Trott PC.

2.

b.

c.

d.

Purported Deputy Sheriff, Jessica Ratcliff referred to both documents together as being an entirely separate matter and did in fact verbally state that the purported mortgage was in default as referring to purported claims of Mortgage Sale. Purported Deputy Sheriff, Jessica Ratcliff cannot possibly KNOW ANY fact pertaining to any purported mortgage or specifics of ANY purported default and clearly expressed her PERSONAL opinion. Her opinion IS NOT based on any personal first-hand knowledge and is strictly hearsay. Hearsay is inadmissible in any court of law. Fact: The last known recorded mortgage of record DOES NOT display the name of purported servicer, JPMC and/or any affiliates. There has never been any legal transfer of any mortgage or assignment to JPMC, recorded or otherwise.

e.

f.

g.

h.

Purported Deputy Sheriff DID NOT act accordingly as to the fiduciary duties to protect and serve the people of this County, State, or United States of America. Instead, the acts of purposely evading and ignoring fiduciary duties in order to protect and serve those committing criminal acts by and through their purported Attorneys which are being committed across this County, State and United States of America.

i.

By discussing, providing, and utilizing evidence delivered to purported Deputy Sheriff, Jessica Ratcliff had used this evidence against the people of this County, State and United States of America. Purported Deputy Sheriff DID deliberately and has knowingly committed acts of conspiracy to defraud. Purported Deputy Sheriff, Jessica Ratcliff verbally stated under recordation that her fiduciary duties are to protect those that she wholly serves: Attorneys and their purported clients through foreclosure servicing. Clearly demonstrating without a reasonable doubt, purported Deputy Sheriff Jessica Ratcliff has no knowledge, recollection, understanding or training as to facts of law or fiduciary duties. Purported Deputy Sheriff, Jessica Ratcliff verbally stated that THE CASE is in fact a civil matter and NOT a criminal matter.

j.

k.

l.

m. Purported Deputy Sheriff, Jessica Ratcliff cannot possibly know and/or understand the differences between civil and criminal in this matter. n. Purported Deputy Sheriff, Jessica Ratcliff, refused to provide through the Freedom of Information Act, written requests of public record. The original wet ink security instrument, also known as the note which conveys lien to holder privilege, standing, ownership, and foreclosure rights has been proven NOT to exist thus NO LIEN EXISTS on subject property. Said mortgage HAS BEEN PAID IN FULL. JPMC, together with their purported Attorney firm Trott and Trott has illegally commenced foreclosure proceedings against the Sanilac County system AND THE PEOPLE. JPMC, together with their purported Attorney firm Trott and Trott lacks FULL STANDING in this matter. JPMC, together with their purported Attorney firm Trott and Trott HAVE committed an economic crime against John E. Sedlak, Kathleen R. Sedlak, Kimberly A. Cory, and THE PEOPLE within the jurisdiction of this Sanilac County Michigan. This matter is a matter of criminal law, contract law, securitization law, consumer protection law, and others. Unless and until any officer of this Court has full knowledge and understanding of such laws and the massive complaints filed under them nationally, this motion is prayed to be deemed true and accurate beyond a reasonable doubt, as stated herein.

3.

4. 5.

6. 7.

8.

9.

COUNT II Violation of Civil Procedure, Oath of Duty, Constitutional Enforcement, Legislative Law with explanations in whole or in part Public Official(s), Officer(s), purported Deputy Sheriff, Circuit Court Judge, County Clerk within Jurisdiction of Sanilac County, Michigan denied civil right duties within: MCL 600.3216 Sale; time and place. The sale shall be at public sale, between the hour of 9 o'clock in the forenoon and 4 o'clock in the afternoon, at the place of holding the circuit court within the county in which the premises to be sold, or some part of them, are situated, and shall be made by the person appointed for that purpose in the mortgage, or by the sheriff, undersheriff, or a deputy sheriff of the

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county, to the highest bidder. 1. John E. Sedlak, Kathleen R. Sedlak, and Kimberly A. Cory were present at said purported Mortgage Sale precisely prior to and at 10:00AM on July 07, 2011 in the hallway of the second floor of the Sanilac County Clerks office, Courthouse acting and performing THE sole bid using cash. 2. At precisely prior to and at 10:00AM on July 07, 2011 in the hallway of the second floor of the Sanilac County Clerks office, Courthouse, no other bidders were in personal appearance or attendance at said purported mortgage sale. 3. Purported Deputy Sheriff, Jessica Ratcliff DENIED allowance of the sole bid of John E. Sedlak, Kathleen R. Sedlak, AND Kimberly A. Cory. 4. Purported Deputy Sheriff Jessica Ratcliff clearly stipulated her opinion that the requirements for bid purchase included and required a letter from any bank authorizing such purchase and that CASH was not acceptable or accepted. 5. No law stipulates any such requirement(s). 6. The purported advertised bid amount of mortgage sale was purportedly published in an unknown publication, posted for all to see and adjourned for four (4) weeks on the board outside of the County Clerks office on the West wall, second floor inside of the Sanilac County Courthouse is in FACT $86,202.54. 7. On the date, hour and minute of purported mortgage sale, bid amount posted as outline in #3, above exceeded posted, advertised amount by $1668.25 for a total bid amount of $87,890.79. 8. On the date, hour and minute of purported mortgage sale, purported Attorney; Trott and Trott PC, together with their purported client, JP Morgan Chase Bank and their purported affiliates DID NOT have the legal right or standing to move any party for any purpose to conduct any mortgage sale, public notice or TITLE ASSIGNMENT. 9. All activities affiliated with this issue, by and through all named parties, individuals, titles, and entities, as described herein have been unlawfully and unjustly carried out without any regard to the laws of this County, State, or United States of America. 10. As of this date, 9 of the 27 Constitutional laws of the state of Michigan are believed to be violated and have stripped the equal protection and due process rights in violation of civil duty for John E. Sedlak, Kathleen R. Sedlak, and Kimberly A. Cory as described and quoted as follows: STATE CONSTITUTION (EXCERPT) CONSTITUTION OF MICHIGAN OF 1963

Article 1 Political power. Sec. 1. All political power is inherent in the people. Government is instituted for their equal benefit, security and protection. Article 2 Equal protection; discrimination. Sec. 2. No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this section by appropriate legislation. Article 3 Assembly, consultation, instruction, petition. Sec. 3. The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances. Article 5 Freedom of speech and of press.

Sec. 5. Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press. Article 9 Slavery and involuntary servitude. Sec. 9. Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state. Article 10 Attainder; ex post facto laws; impairment of contracts. Sec. 10. No bill of attainder, ex post facto law or law impairing the obligation of contract shall be enacted. Article 11 Searches and seizures. Sec. 11. The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. Article 13 Conduct of suits in person or by counsel. Sec. 13. A suitor in any court of this state has the right to prosecute or defend his suit, either in his own proper person or by an attorney. Article 17 Self-incrimination; due process of law; fair treatment at investigations. Sec. 17. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed. WHEREFORE, Sole Parties of Interest AND injured parties-in-fact: John E. Sedlak, Kathleen R. Sedlak, and Kimberly A. Cory respectfully requests this Honorable Court enter an order and judgement issue an injunction order forever barring, reversing, voiding, invalidating and dismissing non-judicial AND illegal mortgage sale which is void and unenforceable as a matter of law unless and until the legal process has been determined otherwise. Declaration of Truth: I declare that under penalties of perjury that I, Kimberly Cory am certifying truth, the whole truth, and nothing but the truth so help me God.

Respectfully submitted and drafted by, Dated: August 12, 2011 _________________________________ Kimberly A. Cory Subject Property Owner, harmed and injured party Also acting on behalf of John E. Sedak and Kathleen R. Sedlak as Durable Power of Attorney PO Box 24 Applegate, MI 48401 (810) 404-7767

STATE OF MICHIGAN COUNTY OF __________ )

) )SS.

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On this _______ day of _____________, 20____, before me a Notary Public in and for said County and State, appeared ______________________, to me known, who acknowledged that she executed the above as her free act and deed. ______________________________ Notary Public _____________ County, Michigan My Commission Expires: ___________