03-27-2011 02;32;54PM Official Court Transcript

8/7/2019 03-27-2011 02;32;54PM Official Court Transcript

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KAREN M. MILLER, RPR, CSROFFICIAL COURT REPORTERSuperior Court of DelawareKent County Courthouse

38 The GreenDover, Delaware 19901

(302) 739-5311DATE: March 25, 2011INVOICE No.: 01072011AREQUESTED BY: {Ghana: Bonsu Agyapon Opare} (AI-Bey)Case Number: SK09L-08-081

CASENAME: BAC HOME LOANS SERVICING VS. VERONICA HAZZARD, ETALTranscript of: Motion Rule to Show Cause/Writ of PossessionTaken: January 7, 2011

TOTAL: 8 pages at $3.00 perl page = $24.00Regular Copy Page Rate

* * * PAYMENT DUEUPON RECEIPT* * *Payable to: Karen Miller

Thank you!This transcript was not prepared on Court time.


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IN THE SUPERIOR COURT OF THE STATE OF DELAWAREIN AND FOR KENT COUNTY

* * * * * * * * * * * * * * *BAC HOME LOANS SERVICING,

Plaintiff,C.A. 09L-08-081 RBY

vs.

VERONICA HAZZARD ANDAGYAPON O. WHITTED,

Defendants.* * * * * * * * * * * * * * *BEFORE:

HON. ROBERT B. YOUNG, Judge* * * * *

APPEARANCES:LISA ROBERSON HATFIELD, ESQUIREAttorney for PlaintiffGHANA: BONSU AGYAPON OPA RE (AL-BEY)Pro Se Defendant

* * * * *MOTION RULE TO SHOW CAUSE/WRIT OF POSSESSION

Friday, January 7, 2011* * * * *

KAREN MILLER, RPROfficial Court Reporter


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21 January 7, 2011

Courtroom 7

3 THE COURT: BAC Homes and Hazzard and Whitted?4 MS. HATFIELD: Good morning, Your Honor.5 THE COURT: Good morning.6 MS. HATFIELD: Lisa Hatfield on behalf of SAC Home7 Loans. I believe somebody may have just come in the8 courtroom.9 THE COURT: Have you received the response that w

10 got?11 MS. HATFIELD: I just received it yesterday by12 fax, yes, Your Honor. Your Honor, this is a complaint

for writ of possession. This case went through1314 foreclosure beginning in August of 2009. There was an15 answer filed on September 9th of 2009. I filed a motion16 for default judgment and that was heard before Judge

Cooch on 3-19-2010.17 The default judgment was granted.18 The property went through to sale and was sold on19 July 1st of this year, confirmation occurred on20 August 20th of this year and the property is now properly21 deeded to my client.22 A writ of possession was filed on October 1st. A23 hearing was scheduled for November or, excuse me, for



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December which was postponed. The property was posted inNovember. I then did send certified and regular mailingon Monday for today's hearing and obviously that has beenreceived and a response was filed yesterday.

The response, Your Honor, addresses theforeclosure proceeding. That proceeding is done and overwith and has confirmed. The response asserts no defenseto the writ of possession. We ask that the Court grantthe writ.

THE COURT: Mr. Whitted?MR. AL-BEY: For the record, my name isBonsu Agyapon Opa Re (AI-Bey). I'm appearing byGhana:

special appearance In Propria Persona proceeding SuiJuris at law. The name Whitted is not my personal nameand I have not used that name in quite some time.

Furthermore, in regards to a statement as far asthe response to -- with regards to the initialproceedings, sir, as you can see in my sta tement I I'mclaiming that Bank of America never had any right to

proceed against us in foreclosure due to the fact that,one, the original mortgage was in the name of -- it wasissued to First Horizon Home Loans Corporation with MERSas the last name .



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Although I have not had a chance to appeal this,

We issued a note of Surety Act and guaranteed bond2 in the form of an affidavit to Bank of America asking3 that they present us with the mortgage note and the deed,4 the original deed, and that upon doing so we would be5 willing to pay lawful money of the United States, which6 is gold and silver coin, up to $21.7 THE COURT: Well, Mr. Opare, the horse is long ou8 of the barn on most of this. This has been reduced to a9 judgment and now the question is having had the judgment

10 in effect for some time actually, why possession would11 not be appropriate; and if there are issues regarding th

original judgment, they would have to be appealed. It's1213 over in this court.14 MR. AL-BEY: Sir, we don't think that the writ of15 ownership of appeal should be granted on the grounds16 that, one, that they would be taking a Native American17 indigenous person off his own land which was purchased18 lawfully, I do have the original deed, and also fraud19 Boysen contract admonitio which takes it back.20

21 would like to say for the record that I am going to22 appeal this and also that according to civil rules of23 procedure, the original motion should have been filed in



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the names of the true individuals involved, which it wasnot. Bank of America Corporation was not on any of thedocuments that are presented to the Court in the firstplace.

THE COURT: Well, I presume it was assigned atsome juncture which would have been the right, presumablythe right -- I haven't looked at the papers -- but all othose things, were they actual issues, would have to havbeen raised when the judgment was being sought.

MR. AL-BEY: Well, when the judgment was sought,that ~as prior to my presentment and I also put thatpresentment on record with the Court before theforeclosure took place. It was a -- and also with thatbeing said, that notice that I placed before the Courtwas an exercise of my rights of redemption.

THE COORT: I think, as I hear it, all of yourissues go to the judgment itself which is a thing of thepast and which is -- I don't even know if it's subject tappeal at this juncture but that is what the remedy woulbe if it still exists and given that the judgment hasbeen in effect for a considerable period of time, theorder of possession is in order.

MR. AL-BEY: Sir, I disagree and I will object du



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to the fact that Rule 60 in Delaware Civil Rules ofProcedure says that at any time, once new evidence isfound, a defendant can apply for a relief of judgment,which is what my intent is today.

THE COURT: I don't think that has beenappropriately presented and I don't think it applieshere.

Ms. Hatfield, does the Plaintiff have any positionon that?

MS. HATFIELD: Your Honor, certainly the time haspassed. The foreclosure is completed, confirmation hasoccurred, and there has been no defense presented to thewrit of possession itself.

THE COURT: That's the way -- that's the only wayI can look at the proceedings that are in front of us.

MR. AL-BEY: Might I remind you for the Court'srecord that this is a court in admiralty and that --

THE COURT: This is not a court in admiralty.This is a court in admiralty.MR. AL-BEY: You

are -- you're flying a mutilated flag behind you, sir,which shows the proof for the record that this court --that this court is not a lawful court.

THE COURT: Anything you want to raise in some



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1 other jurisdiction, you can feel free to raise, I guess,2 but I think the writ of possession is in order and if3

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there's I don't have an order for that.THE CLERK: I have one, Your Honor.THE COURT: Thank you. Yes, sir?MR. AL-BEY: This needs to be moved on to a higher

court. I think this needs to go to the Supreme Court as8 this Court is acting out of its lawful bounds.9 THE COURT: You're free to raise whatever you want

10 to raise, however you want to raise it, wherever you wan11 to raise it; but from the standpoint of this Court, the12 writ of possession is in order and it's been executed.13 The judge has left his bench. He'sMR. AL-BEY:14 acting as plaintiff for the attorney, for the151617181920212223

prosecution. yourll hear about this in another hearing.



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C E R T I F I CAT E

I, KAREN MILLER, an Official Court Reporter ofthe Superior Court of the State of Delaware, do herebycertify the above and foregoing pages, 1 through 8, to bea true and accurate transcript of the proceedings thereinindicated on January 7, 2011, as was stenographically

reported by me and reduced to computer-aided transcriptunder my direct supervision, as the same remains ofrecord in the office of the prothonotary in the KentCounty Courthouse, Dover, Delaware.

This certification sha~l be considered nul~ and void ithis transcript is disassembled in any manner by anyparty without authorization of the signatory below.

Karen M. Miller, CCR, RPR,Registered Professional Reporter


03-27-2011 02;32;54PM Official Court Transcript

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