Originally posted at WSSMH on January 5, 2023
Foreclosure, eviction, arrest, Illegal Foreclosure, New Mexico Tyranny, Santa Fe County Sheriff, unlawful eviction
“CHAPLAIN” Deputy STEPHEN ORR kicked a sick man out of his house without authority!
UPDATE: An actual “writ of assistance” was not issued in this case until January 6, 2023, the day after this blog post was originally published. This was almost three months AFTER the sheriff forcibly removed Mr. Ulery, while he was very sick, from his home! So what authority did he actually have to deprive them of property?
Incidentally, what are the odds that the actual writ would be issued one day after this blog post was published? Is someone monitoring this website? Did the blog post prompt the issuance of the writ? Points to ponder.
Remember, these foreclosure plaintiffs are owed nothing and are not injured. They are treating promissory notes as negotiable instruments under UCC Article 3 when in reality they are sold on the secondary market and therefore are governed entirely under UCC Article 8. A mortgage cannot attach property to securities. For more go to livinglies.me.
SUMMARY OF THIS POST:
- Santa Fe County Sheriff’s Office “Evicted” a homeowner who was actively challenging the foreclosure and “eviction”.
- The foreclosure was based on a fraudulent mortgage that neither homeowners actually signed.
- The fact that the mortgage was based on fraud was brought up to the court but was ignored and summary and default judgment were granted.
- After a previous attempt at “eviction” the Court informed the sheriff’s office that the previous Order had essentially expired (due to the challenges) and a new one would be issued in the “proper writ form” after the hearing that had been scheduled.
- No “proper writ form” is showing on the record and by all appearances the Sheriff “evicted” the Ulerys using an Order that states, “Upon Issuance of the Writ and entry of the Order, the Santa Fe Sheriff department has 7-10 business days for execution.” Emphasis added.
- Christopher Ulery attempted to stay the “eviction” due to his recent illness and release from hospice to give him more time.
- The Ulerys informed the deputy that the writ was being challenged.
- This story highlights how heartless and ruthless our judicial system is and how unconstitutional the Santa Fe County Sheriff’s office acts given that its only lawful commission from the people who elect the sheriff is to protect private property.
Note the engraving behind Sheriff Mendoza during swearing in states: Protection of Property * Religion * Language
During his swearing in, the judge gives Sheriff Mendoza kudos for “always doing what you thought was best and absolutely doing what you thought was right”. He also states that he can “assure the county and the voters of Santa Fe that they elected the right man at the right time for this job”. He goes on to perform the swearing in:
Judge: I’ll ask you to raise your right hand. I, Adan Mendoza.
Mendoza: I, Adan Mendoza.
Judge: Having been elected to the office of sheriff
Mendoza: Having been elected to the office of sheriff
Judge: for the county of Santa Fe
Mendoza: for the county of Santa Fe
Judge; state of New Mexico
Mendoza: state of New Mexico
Judge: do solemnly swear or affirm
Mendoza: do solemnly swear or affirm
Judge: that I will support the Constitution of the United States
Mendoza: that I will support the Constitution of the United States
Judge: and the Constitution and laws
Mendoza: and the Constitution and laws
Judge: of the state of New Mexico
Mendoza: of the state of New Mexico
Judge: and that I will faithfully
Mendoza: and that I will faithfully
Judge: and impartially
Mendoza: and impartially
Judge: discharge the duties of said office
Mendoza: discharge the duties of said office
Judge: to the best of my ability
Mendoza: to the best of my ability
Judge: so help me God
Mendoza: so help me God
See the entire swearing in at https://www.youtube.com/watch?v=RxDuzsPlgM8
So far Sheriff Mendoza has failed his duty and oath; however, it could be that he has not understood the serious issues surrounding writs of assistance but this really is no excuse. We look forward to working with Sheriff Mendoza to determine if what he thinks is right, is actually according to law, and if he is willing to protect the property of the people as he has promised and as he was elected. Sheriff Mendoza must always remember that it was the people of Santa Fe county who are his constituents, NOT Wall Street and certainly not its foreclosure mill attorneys. This story is to be continued (in future posts).
Our elected officials will be held accountable for the unconstitutional acts discussed below.
Learn from Constitutional attorney KrisAnne Hall who your sheriff is and what he’s supposed to be doing.
To begin: the following is the “order” Sheriff Mendoza’s deputy relied upon to kick the sickly Mr. Ulery to the curb sending him to the hospital. Read on to see how our elected Sheriff is allowing his people to be deprived of property without due process of law (without a warrant based on oath or affirmation) and without even following the Sheriff’s office’s own procedures (as you will see in a future blog post).
Order used by sheriff’s deputy to “evict” Christopher Ulery who had just been released from hospice
Evidence of a CRIME by the Santa Fe Sheriff’s office, no due process, deprivation of property under COLOR OF LAW
While researching this foreclosure mill’s pattern of practice of ex parte communications with First Judicial District Court (Santa Fe) Judge Matthew J. Wilson, we came across the Ulery Case. Upon investigating the Ulery Case we recalled it was a case we were already familiar with. We first became aware of it when the Sheriff’s Office provided an email from Judge Matthew J. Wilson’s TCAA to Elizabeth Woodlee, who is part of the Sheriff’s department. In this email the Court was informing the Sheriff’s department to disregard the Order Approving Special Master’s Report and Confirming Foreclosure Sale. Jessica Vigil went on to inform the Sheriff’s office that SHE would be sure to provide the Sheriff’s office with the proper Writ of Assistance form.
NOTE: Ex parte communications between a party and a judge are strictly forbidden and can get a judge permanently disqualified from the bench. An ex parte communication is one in which one party communicates with the judge without the knowledge of the opposing party. The foreclosure mill law firm involved in the Ulery case has a pattern of practice of engaging in ex parte communications, and Judge Wilson does not appear to correct this pattern and therefore is complicit. An upcoming blog post will focus on the ex parte communications between this law firm and this judge.
CHRISTOPHER ULERY HAS BEEN CHALLENGING THIS FORECLOSURE SINCE THE BEGINNING
There are several issues surrounding this action, including the Ulerys’ claim that a local Mortgage company forged two of the names on the Mortgage that was “foreclosed”. This is not unlikely given the fraud surrounding mortgages at the time, including “stated income” applications and “subprime lending”. We are only focusing on the “eviction”. In future blog posts we will discuss, specifically, the various county sheriff’s procedures for “eviction”. For a brief discussion on the unconstitutionality of these “writs of assistance” see our blog post, Lincoln County (NM) Sheriffs Commit Home Invasion.
Via an IPRA request we were able to obtain Ulery’s Docketing Statement from the New Mexico Appeal Court, case A-1-CA-40674 (an appeal of D-101-CV-2018-03068). The Docketing Statement states that the Defendant is appealing a September 28, 2022 “Order Resulting from Hearing. This order caused the foreclosure of the property located at 38 Winding Rd Santa Fe, NM 87505. The Order also caused the Santa Fe Sheriff’s Department to serve a 15 minute eviction on 10/12/22.
With later IPRA requests and the responses provided, we began to grasp just how easy it is to cause a home owner to “abandon” their home. You just need to give the Sheriff’s Civil Process department a check for forty dollars, a hand signed note, and baffle everyone involved with a stack of paperwork. Oh, and you also need to be a paralegal for a foreclosure mill law firm, who acts as an agent of Wall Street. You and I, “lowly constituents”, need not apply.
Evidence of Santa Fe County Sheriff’s Department acting as AGENT for Wall Street, selling out New Mexico Homeowners for a measly $40. Or is there more than meets the eye? To be continued…
Wall Street’s attorney firm directing ITS AGENT, the Santa Fe County Sheriff’s Office to do its bidding and assist in the theft of property BY FORCE
This particular stack included two copies of an order the Court specifically told the Sheriff’s office to “disregard”…
This e-mail directs the Sheriff to DISREGARD the order referenced below in the communication from Wall Street attorney firm sent to the sheriff nine months later
and another that states “upon issuance of a Writ and entry of the Order, the Santa Fe Sheriff department has 7-10 business days for execution”…
Note the date (9/30/2022). The Order referenced as being enclosed is the SAME ORDER the Judge’s assistant the Sheriff’s office to DISREGARD.
NOTE: This letter directs the sheriff to use the same order “approving sale and special master’s report”, which claims to contain “Writ of Assistance language”. In a future blog we will show this pattern of practice by this foreclosure mill firm, which regularly rushes to steal properties by including “writ of assistance language”, but which is wholly improper and unlawful.
It was clear by the appeal court’s records that an eviction took place on October 12, 2022, but there failed to be ANY evidence of a Writ of Assistance having been issued in the district court’s record.
We began to wonder, under what authority was the Sheriff’s Department acting when it kicked Christopher Ulery to the curb, after which he ended up being taken to the hospital in an ambulance in the process, according to a Motion for Emergency Ruling filed by Chris. This motion informed us that Chris is disable and came off of Hospice Care on 8/5/22. He does not have the funds or the physical ability to move to a new home. He had to leave pets on the property that he was unable to locate to remove them within the 15 minutes given. He was requesting to remain in his home pending the appeals process.
Christopher Ulery’s heartfelt plea to the New Mexico Court of Appeals
This request was denied on October 21, 2022.
We began requesting documents to obtain more information on December 6, 2022. We had to be very assertive and send five requests to the Sheriff and other governmental agencies, before the documents to “evict” Christopher Ulery were finally provided on December 21, 2022.
We were extremely SHOCKED when we confirmed that the Sheriff’s Department acted against its own written procedures to “evict” Christopher Ulery without EVER receiving the promised “proper Writ of Assistance form” from Judge Matthew J. Wilson.
We spoke at length with Chris’s caretaker who was also “evicted” on October 12, 2022 by the Sheriff’s Department civil unit. She informed us they were told that they HAD to be out of their house on October 12, 2022, according to the call the Sheriff’s Deputy made to “the court” despite being informed of a Notice of Appeal that was filed on October 4, 2022.
FOR YOUR INFORMATION:
Below are the specific IPRA requests that we sent and some of the responses that were provided from our investigation into the Ulery eviction, which appears to have occurred by providing the Sheriff a $40 check, a sweet note, and a stack of paperwork from a paralegal that did not include the promised “proper Writ of Assistance form” from Judge Matthew J. Wilson’s office as previously “promised”.
Chris is out of the hospital and is probably sitting in his truck attempting to stay warm, outside his freezing RV that is parked at a campground. We are very curious about the call to the court. We are wondering what court had the authority to authorize the Sheriff to violate its own procedures.
Request number 1
To: shfrecordsreq@santafecountynm.gov,
Subject: 2022-12-06 Request pursuant to Inspection of Public Records Act,
NMSA 1978 Section 14-2-1
Date: Tue, Dec 6, 2022 5:29 pm
Hello,
Pursuant to Inspection of Public Records Act, NMSA 1978 section 14-2-1, please provide any emails from First Judicial District Court’s Judge Wilson, or his staff, to the Santa Fe County Sheriff, or his staff, to include Administrative Assistant Elizabeth Woodlee, since December of 2018.
In response, we received
From: Sheriff Records Request <shfrecordsreq@santafecountynm.gov>
Sent: Wed, Dec 7, 2022 8:32 am
Subject: Fw: 2022-12-06 Request pursuant to Inspection of Public Records
Act, NMSA 1978 Section 14-2-1
From: Sheriff Records Request
Sent: Wednesday, December 7, 2022 8:21 AM
To: Francine M. Lobato
Cc: Sheriff Records Request
Subject: Fw: 2022-12-06 Request pursuant to Inspection of Public Records
Act, NMSA 1978 Section 14-2-1
Good morning,
Your request has been forwarded to the Santa Fe County Attorney’s Public Records Custodian. They will assist you with the requested Sheriff’s Department email records.
Thank you,
Athena Martinez
Santa Fe County Sheriff’s office
This request was answered on December 20, 2022, by the county. The only information about the Ulery Case included was this email above, which we already had.
Request number 2
To: shfrecordsreq@santafecountynm.gov
Sent: Wed, Dec 7, 2022 12:10 pm
Subject: 2022-12-07 Pursuant to Inspection of Public Records Act, NMSA
1978 section 14-2-1
Hello;
Pursuant to Inspection of Public Records Act, NMSA 1978 section 14-2-1, please provide:
copies of all writs of assistance and writs of possession served by Santa Fe County Sheriff’s Office between April 2022 and the present, to include any the communications, and documents received with the requests for civil process and any sent back to the requestor.
In response to this request the Sheriff’s office sent over 13 files.
None of which contained any documents pertaining to the Ulery eviction on October 12, 2022, even though the documents fell within the request “include any the communications, and documents received with the requests for civil process and any sent back to the requestor”.
We assumed the documents were being improperly denied from our investigation, which prompted us to give the Sheriff’s Department the benefit of doubt and we then sent …
Request number 3
To: shfrecordsreq@santafecountynm.gov
Sent: Thu, Dec 8, 2022 2:24 pm
Subject: 2022-12-08-03 Pursuant to Inspection of Public Records Act, NMSA
1978 section 14-2-1
Hello again;
Pursuant to Inspection of Public Records Act, NMSA 1978 section 14-2-1, please provided
All, documents the Sheriff’s office has received, modified, created, or returned since October 1, 2022, until the present, that refers to D-101-CV-2018-003068.
In Response we received
From: Sheriff Records Request <shfrecordsreq@santafecountynm.gov>
Cc: Sheriff Records Request <shfrecordsreq@santafecountynm.gov>
Sent: Thu, Dec 8, 2022 2:58 pm
Subject: Re: 2022-12-08-03 Pursuant to Inspection of Public Records Act, NMSA
1978 section 14-2-1
December 8, 2022
The Santa Fe County Sheriff’s office received your request on December 8, 2022.
Please be advised that after a search of our records, there are no documents found for the information that you have provided. It is my understanding that we did not serve this one as it was processed by a private company.
As of this writing we have completed and close your request.
“A private company” serving a Writ of Assistance prompted
Request number 4
To: shfrecordsreq@santafecountynm.gov
Sent: Fri, Dec 9, 2022 2:31 pm
Subject: 2022-12-09-01 Pursuant to Inspection of Public Records Act, NMSA
1978 section 14-2-1
Hello;
On a prior IPRA request for “All, documents the Sheriff’s office has received, modified, created, or returned since October 1, 2022, until the present, that refers to D-101-CV-2018-003068”, the response was “The Santa Fe County Sheriff’s office received your request on December 8, 2022.
Please be advised that after a search of our records, there are no documents found for the information that you have provided. It is my understanding that we did not serve this one as it was processed by a private company.”
Please, provide the public record that provided Athena Martinez with the understanding that the Sheriff’s office “did not serve this one as it was processed by a private company”.
In response
From: Sheriff Records Request <shfrecordsreq@santafecountynm.gov>
Cc: Sheriff Records Request <shfrecordsreq@santafecountynm.gov>
Sent: Fri, Dec 9, 2022 3:23 pm
Subject: Re: 2022-12-09-01 Pursuant to Inspection of Public Records Act,
NMSA 1978 section 14-2-1
December 9, 2022
The Santa Fe County Sheriff’s office received your request on December 9, 2022.
Please be advised that if you do a search with the attachment that contains everything that you had requested previously that contains the entire months of October and November, you will have no matches found. You will have to request the correspondence for this number with District Court as they are the entity that has the information on whom served this case.
Request number 5 was submitted to the Sheriff, and to the County’s and the Court’s online IPRA portals
To: shfrecordsreq@santafecountynm.gov
Sent: Fri, Dec 16, 2022 4:35 pm
Subject: 2022-12-16-01 Request pursuant to Inspection of Public Records Act,
NMSA 1978 section 14-2-1
Pursuant to Inspection of Public Records Act, NMSA 1978 section 14-2-1, please provide:
On October 12, 2022, in the New Mexico Court of Appeals, case A-1-CA-40674 (an appeal of D-101-CV-2018-03068), the Docketing Statement contains the following “Order Resulting from Hearing. This order caused the foreclosure of the property located at 38 Winding Rd Santa Fe, NM 87505. The Order also caused the Santa Fe Sheriff’s Department to serve a 15 minute eviction on 10/12/22”.
Please provide all public records that caused that Santa Fe Sheriff’s Department to serve a 15 minute eviction on 10/12/22 at 38 Winding Rd Santa Fe, NM 87505.
In Response
From: Sheriff Records Request <shfrecordsreq@santafecountynm.gov>
Cc: Sheriff Records Request <shfrecordsreq@santafecountynm.gov>
Sent: Wed, Dec 21, 2022 2:54 pm
Subject: Re: 2022-12-16-01 Request pursuant to Inspection of Public Records
Act, NMSA 1978 section 14-2-1
December 21, 2022
RE: 2022-12-16-01
The Santa Fe County Sheriff’s office received your request on December 16, 2022.
Please be advised that attached are the documents that you have requested for your IPRA request.
NOTE: Nothing within the documents received contain a proper writ of assistance in the “proper form” even if a “writ of assistance” had any constitutional validity whatsoever.
#LelandTitus #SantaFeRealty #SantaFeRealtyUnlimited #santafecountysheriff
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