Randy and Toni Mitchell’s lives have been left in shambles due to unscrupulous lending practices by their credit union.  Now their belongings are being held hostage, while they have yet to be afforded proper due process to defend themselves

 

james white               NorthWest Liberty News              February 10, 2019

 

 

Due Process

Imagine being 62 years of age and having to start over from zero.  It certainly does not sound like something I, and no doubt, you, would like to experience.  However, that’s the new reality for Randy Mitchell and his wife, Toni.

Victims of predatory lending practices from Whitefish Credit Union, the Mitchell’s are penniless, and essentially homeless, as they now live in a 30 foot travel trailer.

As one examines the case, you would certainly think that a judge would see the errors of the situation and try to make it right and get these fine people back into their home.

 

 

Except that Randy and Toni Mitchell had their property taken and they have yet to have even one day in court before a judge or magistrate.

I must admit that this was one of the most difficult videos that I have ever had to edit.  While shooting a scene, you are focused on the technical elements of the scene and the talent’s words are somewhat secondary.  However when I slowed things down to do the editing for the video below, I came face to face with Randy and Toni’s anguish and my heart ached for them and their plight

Please take the time to watch the video below and help Randy and Toni any way that you can at the GoFundMe link below.  Thank you

 

Go Fund Me Account for Randy and Toni

 

 

No Due Process: Montana Couple Has Ranch Taken Without Getting Their Day in Court
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12 thoughts on “No Due Process: Montana Couple Has Ranch Taken Without Getting Their Day in Court

  • February 10, 2019 at 3:40 pm
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    I am shocked that this is happening via Whitefish Credit Union! You can bet that tomorrow I am closing my account! I want no dealings with any business that low!
    I’m also very disappointed in Judge Christopher, and, sad to say, I voted for her! She would never have gotten my vote had I known this previous to Nov, 2018!!! I’m so sad this happened to these folks, but seems like we’re seeing it more and more in these last days.

    Reply
  • February 10, 2019 at 5:06 pm
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    See Americans Restoring America, left column under law you will find home foreclosure remedies/
    your remedy is in the law,click and contact page for Glen Roberts comes up, that your man!

    Reply
  • February 10, 2019 at 5:58 pm
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    Just watched the Montana ranch foreclosure. I fought my foreclosure for several years. I had two expert reports showing I was a victim of predatory lending, mortgage fraud, bait and switch. Of course the bank refused to answer and the court sided with the bank. I too was arrested and incarcerated and when I got out I was homeless.

    Reply
  • February 10, 2019 at 6:20 pm
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    Hi James,

    Thanks for sharing the Mitchell’s story. Watching the video brought back some memories. We have a very similar story here in Maine. I had my business and my home financed at a small local credit union. In 2004, we refinanced both at this credit union. To make a long story short, they set me up to look like I was way behind on the payments. In 2005 they tried to get me to refinance again. I fought them of for almost 3 years. In April of 2008, they took my business (trucking) a semi truck tractor and 2 semi trailers. One of the trailers was all paid off and was not listed as collateral, but they took it anyways. In June of 2008, my wife and I was hauled off our property in handcuffs. I spent 2 days in jail and my wife spent a day in jail. In September of 2008, the credit union sold our home of 32 years at auction. 3 weeks later, I found the credit union’s finance reports in the NCUA’s web site. The credit union had been selling the mortgages into the secondary market. I have good reason to believe that our loans were sold in 2004. In 2005, when they were trying to get me to refinance, they were just trying to re-contract with me. The credit union did not own the debt and therefore did not have the right to take our property. I have asked them several times to produce the original wet ink copy of the promissory note and mortgage, but they have not been able to. I even had the governor’s office call and ask. All loans are insured and so what has happened is that when the loan was 3 or 4 payments behind they file a claim with the insurance company and they pay the loan off. Then the lawyers purchase your private information (illegal) for 7 to 9 cents on the dollar. It is the lawyers stealing your property. Please watch this video: https://www.youtube.com/watch?v=TxUUsY-YKWk&t=391s If you watch the Movie “The Big Short” you will see why they have so much incentive to steal your property. I also have some documents describing the fraud if I had a way to send you attachments. Thanks Leon Bard

    Reply
  • February 11, 2019 at 9:31 pm
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    They should start a GoFundMe page and people will respond.
    Also, I would go to the Govrenor. And uf s/he does not listen, I would write to Trump.
    No i nfo is given about where to send a donation.
    Brunawfwp@gmail.com

    Reply
  • February 12, 2019 at 11:14 am
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    We need to contact Attorney General Tim Fox. He’s a Republican and oversees the Office of Consumer Protection which prevents banks from stealing people’s homes. Tim Fox needs to do right by this family and get their home back! I already called Fox’s Office and they said they would look into it., that’s not good enough for the Mitchells! Everyone needs to call Tim Fox and tell him to do his job! Attorney General’s Office: 406-444-2026

    Reply
    • February 14, 2019 at 11:06 am
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      We already did months ago . They have done nothing so far.

      Reply
  • February 13, 2019 at 2:22 pm
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    You learn the law, you can get your home back. There is a difference between public and private. You need to be out of u.s. jurisdiction and in your state republic. There is no statute of limitations on recoupment! I can get you going in the right direction if your willing to accept the help. If you want to fight til the end this is the way

    Reply
    • February 14, 2019 at 11:26 am
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      Jami lewis we will take all the help we can get. You can reach at 406-261-5458

      Reply
    • February 14, 2019 at 11:44 am
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      Would love and appreciate any help offered.

      Reply
  • February 13, 2019 at 4:27 pm
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    We had our place paid for, owed nothing and Judge Manley gave it away we never got to even talk at court because he made the choice to rule before the court date

    Reply
  • February 14, 2019 at 11:03 am
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    This letter is to clarify and fill in the gaps of this video so that there is clarity.

    To whom it may concern :

    My name is Randy Mitchell. Im writing this on my wife’s behalf at her request. All of the dates and monies are approximate, because we don’t have access to the paper work. Im 62 my wife Toni (Barta) Mitchell is 59. We have been married for 9 years. For the last 4 years going on 5 we have had an on going conflict with Whitefish Credit Union about our home. It has taken us over 4 years to find an attorney to fight them. We have called over 15 + attorneys and as soon as we mentioned Whitefish Credit Union they back tracked instantly saying it is a conflict of interest for them to help us. We wonder why that is ? We were so desperate, we even went as far hiring someone off the internet to draw up a loan modification and paid out over $2000.00 to save our home and Whitefish credit Union refused to even talk with him. We have been waiting for them to serve us, so we could have our day in court, even if we had to defend ourselves. We finally found an attorney who is not afraid of Whitefish Credit union, as of about 1 month ago, but he got into this so late….? We know he’s doing what he can. Heres the situation, there are 2 properties involved. At that time one was worth about $169,000 our home on 5 acres was worth about $450,000. In 2006 Toni took out a loan against our home in Polson at Glacier Bank for about $90,000.00 to purchase her scrapbooking store “ Country Cottage. “ Her payment was about $800.00 a month. In the spring of 2008 Toni’s daughter and her family move back to Montana from Arizona. Her husband took a job at Ford as a mechanic in Ronan, her daughter did housekeeping work. The family of 6, Mom and Dad with 2 boys and 2 girls were living with Toni in her 3 bedroom home at the farm. Needless to say it was very crowded. Rentals at that time were very scarce. They came to the conclusion that the only way they were going to get a place of their own was to buy.
    In July of 2008 Toni’s daughter and her husband and family wanted to purchase the home in Ronan, but they had no down payment, the bank said they needed more collateral, the only collateral my wife had was her home. The bank took her home as collateral. Then the kids found out in August 2008 that their youngest son had a terminal illness and he died in March of 2009 at the age of 7 years old. With all the medical bills and all, they defaulted on the loan. Toni made the payments of about $1200.00 a month till the fall of 2014. From that time in 2009 till the fall of 2014 she had contacted Whitefish Credit Union and ask if they would rewrite the loan. They told her that “there was nothing they could do.” She had contacted them in that same time frame numerous times for help to get out from underneath this loan, with the same answer of, “ theres nothing they could do.” In 2014 with no money left she defaulted on the loan with Whitefish Credit Union and Glacier Bank. We gave up on trying to make the payments to Whitefish Credit Union and made sporadic payments to Glacier bank. In 2015 Toni sold the Country Cottage store and got caught up the payments to both Whitefish Credit Union and Glacier Bank. In September of 2016 Toni filed for chapter 13 and then chapter 7 bankruptcy. I was working at Jore Corporation and Toni at Walmart and currently at Jore Corporation. We tried renting out the house in Ronan for the $1200.00 a month but we had no luck there. My whole monthly pay check went to make the payments of both loans. but it got to the point where we could no longer keep up with both payments, and we got behind again. Whitefish credit Union then hired Attorneys, Trieweiler, Hedman, Hileman & Lacosta in Whitefish. These attorneys contacted us and said to put the house in Ronan on the market, we did and had it sold for $150,000 twice. We pleaded with them to take the short sale and put the balance of the loan on our home in Polson. Whitefish Credit Union turned us down both times. Then these attorneys either quit or were fired. We don’t know which, and they hired Crowley Fleck as attorneys, and then added about $60,000 worth of attorney fees. Now they have repossessed both properties. Now I could understand them putting a lean on our property for the amount of the down payment, but to take everything, this is nothing but theft. They already had the collateral, with the house in Ronan. Glacier Bank has bent over backwards to help. They rewrote the loan and lowered our payment. Whitefish Credit Union and their attorneys have done everything in their power not to work with us and to deny us our day in court. They tried serving Toni starting in about July of 2018. Their process server came to our house twice and spoke with our grandson and we were not there. Lake County Sheriff came to serve Toni and spoke with Toni’s daughter, her daughter informed the Sheriff of where Toni worked and her hours of work. The last time the Sheriff came I had just got home from work, I informed him I had just gotten home. He replied “ I know thats why Im here “ I informed him that Toni was in Helena trying to find an attorney. He told me he was working the weekend and would be back on Saturday between 8:00am and 9:00 am. I told him I will make sure we are there. He never showed up. We at no time avoided to be served. From day one they knew where Toni worked and could have served her at anytime. Toni even informed Human Resources at work that they would be coming. We were wanting our day in court. Whitefish Credit Union and their attorneys put their legal notice in the 3 page news paper here, which no one reads and said we were served. That’s outrageous !! We were handed eviction papers by Lake County Sheriffs office on 8/22/18 and evicted on 8/27/18. Signed by District Court Judge Deborah Christopher. Our attorney filed papers and spoke with her personally about the way they had done this. Her response was she didn’t want to deal with it until their attorneys had time to respond and gave them 10 business days to do so, and threw us out on the street with no place to go. We have been homeless since 8/27/18. This is a working 5 acre farm. We had to find homes for our 22 chickens. Now as of 9/14/18 they have denied us access to our personal property and are bringing in movers to remove our personal property. All because I had an altercation with the sheriff that day they let us in to get some food. He and Whitefish Credit unions person were hovering over us at our every move. The sheriff treated us like we were criminals and he was God, and I got angry and told them to back off and a few other choice words. So now we are considered a threat. Im 62 and about 130 lbs. What we still have in our 4 bedroom home is all our clothes, some antique furniture, tv’s ect…., 2 freezers of food, my shop has about $40,000.00 worth of tools in it. The barn and the other out buildings have equipment and other belongings My only truck that we could move with is apart with the transmission and transfer case sitting on the floor. And now they can come in and do as they please with all of our personal property?? Now the are holding ALL of our personal property hostage unless we sign a paper saying WE WILL SEISE AND DESIST IN ANY FURTHER ACTION IN THIS MATTER.This is outrageous !!! The farm needed to be winterized. Whitefish Credit Union and their attorneys have no idea of how, when or where. If its not done, there will be broken water pipes everywhere and one big mess.

    To Whitefish Credit Union and Crowley Fleck,
    You people for the last 4 years have made our lives a living hell !! This all could have been settled 4 years ago, but because of your lust for greed, here we are. We jumped thru every hoop to told us to jump thru. You people are nothing but greedy bullies who have way to much power. You people have no ethics or morals. You all must be so proud of yourselves, throwing 2 old people out in the street and making us homeless all because of your filthy greed ! You are stealing our property and you all know it. I believe this is not the first time you all have done this to people. Because your all very good at making an end around the laws and not following proper procedure. And unless you are held accountable, you will just keep doing it to people. You will all face a higher power one day, all mighty God, may he have mercy on your souls.
    I will tell you all this. This is not over, not by along shot. I will fight you with every bit of my being that the law will allow. This is not justice, we have not had our day in court. And I will get my day in Court, come hell or high water !!

    To the Courts,
    Are the banks, attorneys and courts so powerful now that they can deny the common person their day in court and the courts allows this without due process? Whitefish Credit Union and their attorneys have lied to and manipulated the court in our case. The cabal is alive and well here. Is there no Justice in this Country anymore ??

    Sincerely,

    Randy and Toni Mitchell

    Reply

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