BRKG Michigan home owner threatens "First Shot of the Revolution" over illegal foreclosure

S

spiralbinder

Agrarian Separatist
Here's his video he just posted. I saw this on the Oregon Oathkeeper's FB page.

The video just broke my heart. This guy believes he is going to die.


And an older article on the situtation that was mentioned in the comments:

http://www.salem-news.com/articles/may042013/visner-michigan-tk.php

Sheriff's Department Takes Family's Home and Contents Using a Fake Eviction

Tim King Salem-News.com
Theodore Visner and Kathy Smith are having trouble getting their story out...

Visner-Smith family
Visner-Smith family

(MT. PLEASANT, MI) - (New report and video about Ted Visner: Police Attempt to Turn Tables Against Michigan Crime Victim Ted Visner)

U.S. Navy veteran Ted Visner and his wife, Kathy Smith of Mt. Pleasant, Michigan, have been living out a nightmare. It started two and a half years ago, when the family fell victim to an apparent real estate scam by a local sheriff's department employee.


The Mt. Pleasant, Michigan home.


Ted Visner says they bought their former home on a land contract, only to learn seven months later, that the seller, Isabella County Sheriff's Dept. employee Shelly Sweet, was not making monthly payments on the house. A bank foreclosed on the property, all unbeknownst to the Visner/Smith family.

Ted Visner, who builds custom homes for a living, said, "Although we were paying Sweet every month on the purchase of the property, she had not been paying the underlying mortgage and the home fell into foreclosure." I asked Visner if he had records of those payments, he said he does, including canceled checks. You won't believe what happened next.

"On a weekend Sweet knew that we would be out of town, she offered the contents of our home to her friends and coworkers at the Isabella County Sheriff’s Department, claiming we had abandoned the home. Many took her up on her free offer deal and took over $55,000 dollars worth of our personal property."

Property Vanishes

$55,000 is a big number, but Visner said Sweet availed all of their personal belongings and private property to anyone who would take it. Visner tells Salem-News the items taken included beds, dressers, appliances, his wife's wedding dress which was hermetically sealed, kids toys, sports equipment, and a whole lot more.


Visner served his country for 6 years, aboard U.S. Navy submarines.


"My kids couldn't play or participate in sports for the next two years. Other items that disappeared included tax records... nothing has been recovered."

The story seems blatantly criminal in nature, with police banding together to help off their property in its entirety. Visner said, "She just put a sign out and let anybody have what they wanted, she didn't remember who was there. In her own deposition she admits to giving our stuff away."

Visner says Sweet told her employer, the sheriff's department that Visner and his wife weren't making payments, while Visner is able to prove via canceled checks to Sweet that they were indeed paying. "It was blatantly untrue," Visner added. "There is no evidence to support what the county did, it all shows what we are saying though."

He says the experience has been extremely hard for his family, adding, "I don't have any criminal background, I served six years in the Navy on submarines, my wife and I have kids, we don't deserve this, nobody in the world deserves this."

Visner, Smith and their kids, returned from their weekend away on Monday September 27, 2010, to discover that they were locked out of their own home. Visner called the law enforcement agency that Sweet worked for.

"We had NOT been evicted nor had we abandoned the property. The woman had convinced friends and coworkers that we had never paid her, and that were trashing the house and had forced her into foreclosure -- none of which were true."


Photos of Ted Visner's custom homes: vizbuilt.com

It would take a day before the family was allowed to go back inside of the home, and that is when Smith and Visner learned that 95% of the home's contents had been stolen.

"A sheriff deputy named 'Steinert' came to our home three times that day and only assisted his coworker while the under-sheriff, sheriff and PA refused to help us after they recognized the totality of the situation," Visner said, adding that the "situation" was 6+ coworkers of Sweet having entered their home and receiving stolen property, which for anyone else in the world is Theft.

Instead, Visner was arrested for "Misuse of 911" on the deputy's third visit. "The county investigated the crime for almost four months and during this time, I moved my family out of Isabella County for safety, I could not move with them because my indefinitely delayed arraignment still loomed over my head."

Visner says after losing the home he shared with his family, and 95% of their belongings to the sheriff's department, that the prosecutor's office ignored their complaints and still refused to investigate "their employees". In his words, "Over two and a half years have passed now with law enforcement officials doing nothing except covering for one another."

Visner says the underlying crime was the conspiracy to deprive his family’s constitutional rights - that is a federal crime during the commission of which, he asserts that he was kidnapped (arrested) by Deputy Steinert on the "bullshit charge" of misusing 911. Violation of Title 18 U.S.C. §§ 241 and 242 is a federal felony crime where the offenders could be sentenced to death if killing or kidnapping occur.


Family photographs provided by Ted Visner

Visner says the following people participated in the crimes against his family.

Isabella County Sheriff Deputy Clinton Steinert
Isabella County Sheriff Department Clerk Shelly Sweet
Isabella County under-sheriff John Tellis
Isabella County Sheriff Leo Mioduszewski
Isabella County Board of Commissioners (7 or 8)
Isabella County Prosecuting Attorney Larry Burdick (out-going)
Isabella County Prosecuting Attorney Risa Scully (incoming)

"Our story needs to go viral, people need to know that they have to stand up for their rights, when we stop standing for our rights we won't have them anymore." He concluded that statement by adding that you only have rights when people in positions of authority listen.

"The Attorney General is dismissing this serious crime... For my family and I, there is no recourse, at least not yet. The AG prohibits complaints of police misconduct and civil rights being violated. I just wrote a letter to the ACLU and explained this, I haven't heard back from them yet," Visner said.

Salem-News attempted to reach Isabella County Sheriff Leo Mioduszewski, he has not returned our call in regard to the Visner case. An employee of the sheriff's office told Salem-News that the agency does not have a public information officer.

Is it possible to receive an "F minus" as a public safety agency? If so, based on the above information, that is definitely the grade the Isabella County Sheriff's Dept. in Michigan deserves. You can draw your own conclusions, but these cops appear to take law enforcement corruption and government misuse of power to all new levels.
 
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D

Dozdoats

On TB every waking moment
Michigan?

Sounds like the sheriff's department is a continuing criminal enterprise in that county.
 
Steel Chips

Steel Chips

Veteran Member
"Sheriff's Department Takes Family's Home and Contents Using a Fake Eviction"

A story about cop corruption? Obviously, this is a fake article from The Onion.
 
naturallysweet

naturallysweet

Has No Life - Lives on TB
The crazy thing is that if they were just renting, or even if they were squatters, then what happened would be blatantly illegal. An eviction takes lists of time. You can't just take people's stuff and give/sell it when you want to.
 
B

BiffSteele

Contributing Member
All amerikanz are living in interesting times. Things are going to get much, much worse.

The rule of law is dead. Do what you have to do to get justice, but keep your mouth shut.
 
Straycat

Straycat

Veteran Member
NO its not fake we are looking into this just as we did Bundys. We will have more info soon.
Click to expand...

He was being sarcastic, mocking those who refuse to believe "authority" would do such a thing.
 
N

niceguy

Veteran Member
Ted Visner says they bought their former home on a land contract, only to learn seven months later, that the seller, Isabella County Sheriff's Dept. employee Shelly Sweet, was not making monthly payments on the house.
Click to expand...
This land contract thing is a very strange sort of deal. It does sound like the sheriff's department is rotten, but this whole deal was weird from the get go.

From Wiki: https://en.wikipedia.org/wiki/Land_contract

A 'land contract' (sometimes known as a “contract for deed,” "agreement for deed," "land installment contract" or an “installment sale agreement”) is a contract between a seller and buyer of real property in which the seller provides financing to buyer to purchase the property for an agreed-upon purchase price and the buyer repays the loan in installments. Under a land contract, the seller retains the legal title to the property, while permitting the buyer to take possession of it for most purposes other than legal ownership.
...
In the usual, more conventional real estate contracts, a seller does not provide a loan to the buyer; the contract either does not specify a loan or includes provisions for a loan from a different "third party" lender, usually a financial institution in practice.
 
Vtshooter

Vtshooter

Veteran Member
Seems there should be some job vacancies at the sheriff's office. And what's this BS about the AG not taking complaints about police corruption?
 
Vegas321

Vegas321

Live free and survive
Lets hope he gets the help he needs from Oathkeepers and the Militia. If they need more help, i'm willing to assist.
 
Dosadi

Dosadi

Brown Coat
Looks like he ran for sheriff in 2013. Maybe the sheriff wants payback because he dared run against him and used his crony jbt's to help?

I don't know, but stuff like this grieves my heart no end.

I don't know everything connected with this, but I have seen men speak like that video did before.

It does not bode to end well for those who attack him, nor for him.

I pray for him and that justice serves.

But in the FUSA? I have no idea.

When govt no longer serves the governed, then is it a tyranny?
 
Hfcomms

Hfcomms

EN66iq
Sheriff Leo Mioduszewski & Isabella County

Sheriff Leo Mioduszewski has participated in the cover up and concealment of crimes against Isabella County citizens perpetrated by employed members of the Isabella County Sheriff's Department.

Crimes against my family specifically, are as follows:
Trespassing
Breaking & Entering
Burglary
Violations of MCL 600.2918 (Michigan Anti Lock-Out Law)
Violations of Federal Law in Title 18 U.S.C. §§ 241, 242
Violation of MCL 51.69 - Our Sheriff shall be required to well and faithfully
perform and execute the office of sheriff of the county of Isabella, during
his or her continuance in office by virtue of the election, without fraud,
deceit, or oppression. http://www.legislature.mi.gov/(S(kv...aspx?page=GetMCLDocument&objectname=mcl-51-69

Sheriff Leo Mioduszewski has refused to investigate our allegations and he has refused to transfer any investigation to any non-conflicted law enforcement agency that could have addressed our criminal allegations simply because a significant number of his employees were involved.

Sheriff Leo Mioduszewski has lied to the newspaper "The Morning Sun" and the Michigan State Police by telling them that my family had been evicted when we had not been evicted in Summary Proceedings 10-1885. These proceedings were canceled because they were without any legal merit.

The Sheriff's Department is tasked with the execution of "Court Orders" such as "Writs of Restitution" and "Orders of Eviction". The summary proceedings against us with regard to this property were administratively canceled by Shelly Sweet prior to the issuance of either a "Writ of Restitution" or an "Order of Eviction".

The Isabella County Sheriff's Department has a Deputy specifically trained in "Summary Proceedings and Evictions" and this asset was not employed nor consulted. This specific asset exists to prevent "Wrongful Ejectments" and to help shield the County from liability having to do with situations exactly like the one that took my family's home and it's contents on September 27, 2010.

Trespass, Breaking and Entering and Burglary are self-explanatory crimes.

From the FBI's Website: http://www.fbi.gov/about-us/investigate/civilrights/federal-statutes

Title 18, U.S.C., Section 241
Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Shelly Sweet and Clinton Steinert came onto our property in disguise. Both were employed by the Isabella County Sheriff's Department and they pretended that they were not. Shelly Sweet was in civilian clothing and both claimed only to know one another from and event that had happened years int he past. This was a lie. Several weeks prior to September 27, 2010 I attempted to personally serve Shelly Sweet at her boyfriend Robert Wheeler's house in Mt. Pleasant. Sweet was in the home but refused to come to the door. Robert Wheeler threatened me and told me to get off of his property and I left without incident. Sweet then called 9-1-1 to report me for something and I knew this only because Deputy Steinert called me to discuss the situation explaining that he had received a report from Sweet. Deputy Steinert maintained this lie while under oath in a deposition related to a civil action against the Sheriff's Department with Sheriff Leo Mioduszewski present as an observer.

Deputy Steinert lied again in deposition under oath when he reported that he had left the Clare County Sheriff's Department to come to work for Isabella County Sheriff's Department for more money but Steinert didn't voluntarily leave the Clare County Sheriff's Department he was "let-go" and was unemployed before coming to the Isabella County Sheriff's Department. This lie, while under oath, was also witnessed by Sheriff Leo Mioduszewski.

Michigan Compiled Law MCL 51.69 makes it a law to operate as Sheriff without "Fraud, Deceit or Oppression". Sheriff Leo Mioduszewski has violated Michigan State Law governing all elected sheriffs' in Michigan by and through his willful actions to cover and conceal criminal actions by employed members of his department against a resident family of Isabella County and for oppressing that family into a state of destitution and disparity out of oppression and with the intent to conceal crimes.

Sheriff Leo Mioduszewski - Needs to Resign prior to causing and creating more liability for Isabella County and before the Isabella County Sheriff's Department looses the Public's Trust.

Signed,

Ted Visner

https://www.causes.com/actions/1693803-demand-sheriff-leo-mioduszewski-resign-immediately
 
CGTech

CGTech

Has No Life - Lives on TB
I was just coming here to post the video as well...this could be the first 'shot heard around the world' for you folk down there..
 
C

cooter

cantankerous old coot
well, here is the website ,

for this corrupt sherriff,

http://www.isabellacounty.org/dept/sheriff

my gosh, look at his pic, good little Nazi there,

hope the attention grows nationwide to the point they cant deny,

thing is , around here, land contracts are a everyday thing, and never has there been this kind of abuse like what I have read, knew someone who did them, had a tenant that would not move out, after not paying for 6mo, and the judge still did not evict those people, and sad thing was, when they left, it took 2 roll off dumpsters to empty the house of garbage they filled the house with, house ended up getting torn down, :rolleyes: andthis was in Indiana,
 
Hfcomms

Hfcomms

EN66iq
Thing is though this is an old story which is just getting noticed by some today. The original Sheriff is gone as is Ms. Sweet who was fired from her job at the Sheriff Department. The claim from the story I posted is that the current Sheriff is sweeping all this under the rug. Criminal charges however have to come from the county prosecutor and the prosecutor's office is where the attention needs to be focused and not the Sheriff Dept.
 
G

gelatinous

Eyes WIDE Open
naturallysweet said:
The crazy thing is that if they were just renting, or even if they were squatters, then what happened would be blatantly illegal. An eviction takes lists of time. You can't just take people's stuff and give/sell it when you want to.
Click to expand...

I guess in the eyes of the law they are basically squatters. Since according to the story, the original owner Shelly Sweet entered into a sales agreement without informing the lien holder who eventually foreclosed. Then Mr. Visner and his family got caught in the middle of the mess. That along with the bullshit tactics of the sheriffs office and the giving away of his family belongings without properly informing them by Shelly Sweet. I feel for this guy to be the middle of this mess.

I had some similar happen when when I had a home I rented pulled out suddenly on me. I just got a short notice on that the home was being foreclosed since the owner wasn't making payments. I had to move immediately.

Doesn't a person have to COMPLETELY own the land to enter into an agreement to sell it? Or am I off base here?
 
R

RJC

Has No Life - Lives on TB
This is a 2 year old story. IIRC it was on this forum before. This likely is a propaganda piece or the clown is dumb as a rock. No one should enter in a Land contract without evidence of the clear ownership of the property by the seller. If this moron is competent to run for a Sheriff’s position than he would know this most fundamental point of Real Estate Law. His story is phony and wreaks of paranoia.
 
S

Sub-Zero

Veteran Member
RJC said:
This is a 2 year old story. IIRC it was on this forum before. This likely is a propaganda piece or the clown is dumb as a rock. No one should enter in a Land contract without evidence of the clear ownership of the property by the seller. If this moron is competent to run for a Sheriff’s position than he would know this most fundamental point of Real Estate Law. His story is phony and wreaks of paranoia.
Click to expand...

Exactly. The contract is between Ted Visner and Shelly Sweet. He has no legal standing with the bank, or to keep the home. Shelly Sweet had a contract with the bank, which she defaulted on. The bank has every legal right to foreclose on the home.

Mr. Visner may have a civil claim against Shelly sweet for failure to keep her end of the contract and the loss of his property. Be he has no legal right to remain in the home.

There is certainly a strong argument to be made that Shelly Sweet did perform several crimes, but the DA must decide there is enough evidence to proceed.

I cannot imagine Oath Keepers would lack the legal knowledge to want to get involved in this.
 
eXe

eXe

Techno Junkie
Just sent the info to one of the guys here in NV who live blogged the whole Bundy Stand off

He is big in the local patriot community.. he WILL get the word out.. he has tons of subs
 
C

cooter

cantankerous old coot
re, the sheriff

OK , since that's not the dude in question, but those uniforms with that angled strap, makes me say Nazi to anyone who wears that kind of outfit, even our local LEOs, say similar comments about some of the OOficial uniforms out and about,

anyway, the current sheriff SHOULD NOT be trying to sweep this under, all it does , it makes him look bad too, and is in on it,

seems to me must be a big difference in the way things are handled on land contracts like here in IN and MI,

---------------------
after reading the next post,
As far as the theft of his property from the house, that is something he needs to take to civil judgement out against Shelly Sweet.
Click to expand...
and that is one thing I do hear about, how a quote landlord cannot do what she did without getting in serious trouble with the courts, I have heard about judges putting things on hold till they have a hearing , including the banks before things are just taken, , guess Michigan dont have those kind of rules, or what ever
 
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S

Sub-Zero

Veteran Member
eXe said:
Just sent the info to one of the guys here in NV who live blogged the whole Bundy Stand off

He is big in the local patriot community.. he WILL get the word out.. he has tons of subs
Click to expand...

Why?

The guy has NO LEGAL STANDING for the home. His contract was not with the bank. He paid Shelly Sweet. Shelly Sweet did not pay the bank. The bank foreclosed. It is not his property. It was not her property to sell.

If the guy in NV has the most elemental legal knowledge, he would understand there is no constitutional ground to stand on. This is not a constitutional issue.

As far as the theft of his property from the house, that is something he needs to take to civil judgement out against Shelly Sweet.

There is no area that Oath Keepers should be involved in. Go back and read the last few posts.
 
O

Oilpatch Hand

3-Bomb General, TB2K Army
niceguy said:
This land contract thing is a very strange sort of deal. It does sound like the sheriff's department is rotten, but this whole deal was weird from the get go.

From Wiki: https://en.wikipedia.org/wiki/Land_contract

A 'land contract' (sometimes known as a “contract for deed,” "agreement for deed," "land installment contract" or an “installment sale agreement”) is a contract between a seller and buyer of real property in which the seller provides financing to buyer to purchase the property for an agreed-upon purchase price and the buyer repays the loan in installments. Under a land contract, the seller retains the legal title to the property, while permitting the buyer to take possession of it for most purposes other than legal ownership.
...
In the usual, more conventional real estate contracts, a seller does not provide a loan to the buyer; the contract either does not specify a loan or includes provisions for a loan from a different "third party" lender, usually a financial institution in practice.
Click to expand...

This happens more often than most would believe in situations where a buyer is purchasing a property under a contract for deed and the property is still subject to a mortgage.

If the seller makes the mortgage payments, great. If the seller defaults on the mortgage, it doesn't really matter whether the buyer has made all of their payments to the seller or not. The lienholder can foreclose the mortgage, and the buyers under the contract for deed have little, if any recourse. Any recourse they may have would be against the seller, not the mortgage company. And the seller's pockets are likely to be empty...otherwise, they probably would have kept current on the mortgage in the first place.

Moral of the story: Avoid buying real estate under a contract for deed (aka contract of sale or land contract), especially if there is any outstanding indebtedness on the property.
 
Clown

Clown

Contributing Member
what happened to his last house in 2010????? sounds like he has a track record of losing houses...
 
Michigan Majik

Michigan Majik

FreeSpirit, with attitude
I'm acquainted with some of the players in this story. Mr. Visner apparently refused to show receipts for payments to the court. MI 3% and the Militia came to his aid but refused to back him because 1) He appeared erratic and paranoid.
2) He refused to share any proof like receipts or police reports.
He has a facebook page detailing events.
 
Bubble Head

Bubble Head

Has No Life - Lives on TB
Never buy anything on a land contract. They can be so manipulated that they are not allowed in Colorado. To give you an idea of how bad they are Hillary used Land Contacts to sell land in Arkansas and then took the land from people that were just late on a payment.
This whole event in Michigan needs smells rotten at the upper levels of the County Government. The rats and cockroaches need to be cleaned out.
 
C

cooter

cantankerous old coot
thank Michigan Majik

so the dude had his day in court and refused to come up with the paperwork of payments, how stupid can he get, :screw:, if he had have any receipts the judge would have listened, but going to court then refusing to show anything, he is toast, have been to court over land contract my self, and won, its a paperwork game, but if you play it good, you can get some decent deals out there,;)
 
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