Ted Visner claims that all his troubles are the result of a mass conspiracy involving Isabella County, the state of Michigan and corrupt elements of the U.S. Department of Justice due to an illegal eviction he suffered at the hands of the Isabella County Sheriff”s Department in 2010 on a house he and his “wife” Kathy Smith allegedly bought on a land contract.
“This phrase keeps getting inserted… “ILLEGAL EVICTION”. My family was never evicted from our property at 829 E Walton Rd in Mount Pleasant but this phrase keeps popping up. Being that the courts were not involved with issuing an eviction, the eviction never happened and the Sheriff Department and it’s employees simply executed the theft of our home and it’s contents.
The notion that we were “illegally evicted” or “unlawfully evicted” also assumes that the courts were involved and that we simply didn’t like the results. This is not the case as the courts were not involved to the extent of issuing a court ordered eviction and the unlawful actions of the sheriff department were completely criminal.”
Ted Visner’s 2010 Eviction Stories Aren’t Based In Reality
For over four years, Ted Visner has been trying to convince people that an army of Isabella County Sheriff’s Deputies under the command of Department’s secretary, Shelly Sweet, raided the property he and Kathy Smith allegedly bought on a land contract from Sweet at 829 East Walton Road in Mount Pleasant, Michigan. Visner claims that Sweet’s “self-help” eviction with her friends in the Sheriff’s Department violated his due process rights and that the Sheriff’s Department has been colluding with the Isabella County government and the state of Michigan since then to silence him.
“This is pretty accurate not counting the title. People should also be as surprised as I was that reporting the criminal acts of law enforcement is as difficult as it is. Impossible could be inserted in place of difficult in our case. “Eviction Stories” is the title of this section. As stated above, my family was never evicted from our property as this process is a court process that should include Due Process. If the court process is skipped, as it was in our case, this is the intentional deprivation of Due Process rights under Color of Law which is a Federal Crime as defined in Title 18 U.S.C. §§ 241 $ 242.
Here is a link… https://www.fbi.gov/about-us/investigate/civilrights/federal-statutes ”
What Ted Visner is telling alternative media and anyone else who will listen to him contradicts the documents in Visner’s own Chapter 7 Bankruptcy filing that he and Kathy Smith filed jointly on August 10, 2010 (seven week before the alleged illegal eviction happened).
“Here it is again… “alleged illegal eviction” There is a difference between what Steve Dibert says and the documents he uses to try and prove me a liar and a fraud. Please do look at the documents Steve has published as they demonstrate and prove my points and not his or the county’s…
But FIRST, please take note how the link below is labeled. “Visner BK-829 E. Walton Rd. Eviction Hearing”… The documents you will find if you elect to click on the link below take you to a Federal Court Bankruptcy filing and NOT any Eviction Hearing. The lawyer that drafted this document did intend for this document to look and feel like an eviction document but it is NOT. Evictions are ALWAYS handled at the state district court level and are never handled at the Federal Court level.
Visner BK-829 E. Walton Rd. Eviction Hearing
“Laywer Bruce Havens created this fake eviction through defrauding the Federal Court simply by filing it into the Federal Court. Oh! and here is the YouTube link to that entire proceeding that Steve Dibert neglected to share with his readers…
According to the documents in the bankruptcy filing, Sweet and Smith entered into a verbal month-to-month tenancy agreement for the 829 Walton Road property in December, 2009.
On July 19, 2010, Sweet served Smith with a Notice to Quit/Termination of Tenancy for failing to pay rent and in late July, Sweet served Smith with a Complaint to Terminate Tenancy with an order to appear at an eviction hearing in the Isabella County Trial Court on September 7th.
“It is easy for me to see the motivation behind writings like this when the writer uses “alleged” in front of the points he/she wishes to argue while just stating as fact all of the points of the defendant county… Here Steve states “failing to pay rent” instead of “alleged failure to pay rent… Our payments were made and are part of the court documents.”
Now here is a direct lie by Steve Dibert… “in late July, Sweet served Smith with a Complaint to Terminate Tenancy”. Two things here… 1st, If the complaint were filed in late July, why would the first hearing be more than a month distant skipping August entirely? For whatever reason, the county of Isabella seems to think that it is important to try and lie about the file date of the termination of Tenancy proceedings that were not filed/initiated/commenced until August 18, 2010. Perhaps this is because Smith and Visner filed joint bankruptcy on August 10, 2010 and served notice on Shelly Sweet and her lawyer Nancy Galagher.”
Three weeks later, (wait… what? Three weeks later? Here it is again. Steve Dibert, the teller of this story wanting to push the bankruptcy filing back past the date of Sweet and her lawyer Nancy Gallagher’s filing of the Termination of Tenancy proceedings…) on August 10th, Visner and Smith filed Chapter 7 bankruptcy and listed Sweet as creditor indicating Smith and Visner owed her rent for July and August in the amount of $5000. Smith and Visner list 7287 E. Fremont Road as their primary residence (the current property that Ted Visner and Danielle Austin are facing eviction from).
According to the Isabella County Register of Deeds, on August 13, 2010, Smith filed what appears to be a bogus construction lien on the property in the amount of $6,177.67. Later in the day, Smith filed a discharge of the construction lien but post dates it 9/7/2010.
On September 7, 2010, a hearing was held on the Complaint to Terminate Tenancy. Sweet was represented by her attorney (Nancy Gallagher) who informed the court that Visner and Sweet had filed Chapter 7 bankruptcy and that the property appeared to be vacant. (What???) Visner and Sweet’s bankruptcy attorney (What??? Visner and Sweet???), Attorney Lesley Hoenig attended the hearing representing Visner and Sweet (What??? Visner and Sweet???). Hoenig did not object to the court entering a Judgment of Possession by default on September 7, 2010 (What??? Lesley Hoenig did Object and she had also filed what is called a “Suggestion of Bankruptcy” in these fraudulent eviction proceedings several days prior to inform the court that the eviction proceedings were automatically stayed by the Federal Court Bankruptcy proceedings). The Judgment of Possession provided that “an order evicting you will be issued on or before 9/17/2010 unless you move” (So here is why it has become so important to try and demonstrate that we had already vacated the property because no Order Evicting us was ever issued! Instead, Shelly Sweet and her friends and coworkers from the Isabella County Sheriff Department came into our home and stole nearly everything in it… So that she could claim that we had already moved.)
On September 1o, 2010, Sweet’s realtor, Larry Bean, inspected the property and testified that it was apparent that Smith and Visner vacated the property but that Smith and Visner still had items inside the property. (So we left but we didn’t? I am going to post Shelly Sweet’s deposition under oath and penalty of perjury here where Sweet admits to absconding/stealing our personal property.)
On September 15, 2010, a Section 341 Examination was held between Smith and her creditors including Shelly Sweet. At this meeting, Smith testified she and Visner had vacated the property. (This is simply not true. Since Due Process was skipped entirely in our case, it has become imperative that the county and all other defendants aggressively attempt to demonstrate that my family had already vacated the property even though we had not. Steve Dibert lies here and claims that Smith testified that she and Visner had vacated the property knowing this to be untrue and offering no proof to support his lie because none exists. Steve Dibert and the county defendants are claiming that we vacated simply because we chose a different MAILING ADDRESS.)
At this hearing, Sweet informed Smith that she would be taking possession (This shows Sweet’s intent to commit a crime. Sweet has no authority to tell Smith or anyone else for that matter that she intends to take property that does not belong to her.) of the property as of 7:00 am on Sunday, September 26, 2010 and that any personal property remaining in the premises on that date would be deemed abandoned by Smith and that any personal property left in the house will be disposed of. Smith did not object.
(The paragraph above lies again by suggesting that Sweet told Smith on September 15, 2010 “At this hearing” that she intended to steal Smith’s property when Sweet only filed her intent to steal Visner/Smith property on September 20, 2015 as demonstrated in the documents made available by Steve Dibert. The question that should immediately pop in your mind is; By what right or authority is Sweet claiming when informing Smith that she would be taking possession of anything? Is Sweet more powerful then the Federal Court Judge? Oh… That’s right! Sweet derives her authority from the Isabella County Sheriff Department and Sheriff Leo Mioduszewski!)
On October 6, 2010, a second hearing was held because Ted Visner, as a pro per litigant, filed a motion to set aside the Sweet’s sale of the property. At this hearing, Visner and Smith were represented by Lesley Hoenig, their bankruptcy attorney. Visner’s motion was denied. (So… which is it Steve? Is Ted Visner representing himself or did he have a lawyer? The only thing you are demonstrating here is that you don’t know what you are talking about.)
According to emails Ted Visner sent to Sheriff Leo Mioduszewski at the end of February of 2011, Visner claims that he went to the property on September 27, 2010 , the day after Sweet took legal possession of the property, to find his possessions gone and the locks changed. Later news reports indicated Visner was charged with abusing the 911 system on September 27, 2010 when he could not get access to the property.
In the same series of emails, Visner claims that he had over $45,000 worth of personal property taken from 829 East Walton when Sweet cleared out the property. This, not surprisingly, contradicts Visner’s bankruptcy filing which states he only had $2500 worth of personal property at the 829 E. Walton property in August.
According to the Chapter 7 Bankruptcy petition filed by Ted Visner and Kathy Smith, it appears Ted Visner, who had also filed Chapter 7 bankruptcy in 2001, is a victim of his own bad business decisions not the crushing oppression of Obama Administration or Isabella County.
Did Ted Visner Think He Could Play Donald Trump?
It appears Ted Visner felt he could play Donald Trump after watching the first season of The Apprentice when he came to Michigan a decade ago.
Visner at one time owned five properties across Michigan with the property in Isabella County belonging to Kathy Smith. Three of Visner’s properties were in the post Sheriff’s Sale redemption period with him owing his various lenders roughly $230,000 when he filed bankruptcy. He also owed nearly $5,000 in unpaid property taxes on two others. Visner also owed investors and contractors nearly $69,000 and owed $30,000 in unpaid child support payments to the state of Washington on behalf of Cynthia Hager.
Ted Visner And His Desperate Gambit
Last week, Ted Visner filed a nonsensical brief containing a diarrhea of fonts that gives the appearance he cut and pasted passages off the internet sites like Wikipedia, Michigan.gov and from other nonsensical motions he has filed over the years.
Ted Visner Bank of America eviction
In Visner’s latest attempt to play Oliver Wendell Holmes, he is demanding a Writ of Habeas Corpus. A Writ of Habeas Corpus is a legal term in criminal law that is used for people who have been incarcerated for a long period of time without being charged. How this applies to Ted Visner and his eviction, one can only guess since Visner’s case is a civil case not a criminal case. Therefore, a Writ of Habeas Corpus is meaningless.
Visner also claims that because Bank of America has retained legal counsel, he should be given the right to a court appointed attorney. You are not entitled to court appointed lawyer at taxpayer expense in a civil proceeding. In civil proceedings, each party is responsible for hiring their own attorneys. That’s right, Ted Visner is going into the same court, who three years ago, he denounced and proclaimed he does not recognize for help with an attorney.
Ted Visner also claims that his foreclosure and eviction on this property is some type of mass conspiracy tied to his 2010 eviction from 829 East Walton. Visner writes in his brief:
“The Defendants, Mr. Ted Visner and Ms. Kathy A. Smith, apparently have been the victims of a well organized and premeditated plan to steal their personal belongings and home in the past.
They claim that they can even prove to the Court that they have been victims of a conspiracy that can be considered to be a mafiathe County of Isabella.”
The only thing Ted Visner got partially right in his brief is that the mortgagor, Kathy Smith, is allowed a 12-month post foreclosure redemption period because MCL 400.3240 states that mortgagors with agricultural zoned properties are allowed a 12-month post foreclosure redemption period compared to the normal 6-month redemption period allowed under Michigan law.
Unfortunately, for Ted Visner, Michigan’s right to redemption only applies to the mortgagor and Ted Visner is not the mortgagor. Only Kathy Smith can claim she is the mortgagor because she is the only one listed on the deed and mortgage. The rights of a mortgagor do not apply to husbands, boyfriends, tenants or squatters if the mortgagor is not residing in the house. Visner is unable to make the claim that the property is a marital home since Smith owned it prior to marrying Visner, even if they did obtain a marriage license.
According to the motion cover sheet Visner filed with the court, Kathy Smith does not reside in the house. She lives at XXXXXXXX, Edmore, MI. Edmore is located one county over in Montcalm County and according to Visner’s blog, he is currently sharing Smith’s house with his live-in girlfriend, Danielle Austin who had her children taken away from her by the state of Michigan because of Ted Visner is “a violent person with the potential for some great violence“
Ted Visner Gets Help From Alleged Kiddie Porn Trafficking Group
Ted Visner states in his brief that he is represented by the Michigan Chapter of Action For Justice (AXJ) that Visner describes in his brief as an “International Civil and Political Rights Organization,” yet Visner signed the motion as a pro-se litigant.
The group, AXJ, that Ted Visner is claiming are his allies in this fight against government tyranny, was founded by a convicted Australian pedophile named John Aster. According to news reports from Australia, Aster’s wife left him and was able to get the Court in Queensland, Australia to bar him from having access to his daughter when it discovered Aster had over 15,000 images of child pornography on his computer. Aster, who actively engaged in sharing child pornography on the internet ratted out other pedophiles across the globe in order to avoid prison time.
During this time, Aster allegedly recruited other pedophiles to aid him in his cover up of his own network of pedophiles. Aster and his friends then allegedly set out to create a new network. Aster named it, “Action For Justice” or AXJ and claims it is an “International Civil and Political Rights Organization” when in reality its a cover for a global pedophile and child pornography sharing network.
Aster and his American partner, Ed Vallejo were stupid enough to try to start a war with the international hacker group, Anonymous by misrepresenting AXJ as a news organization then stealing their logo and making people think they are part of Anonymous.
After you weed through all of Ted Visner’s crazy legal arguments and his bullshit claims of government oppression, it boils down to the simple truth that Visner is a desperate guy with no money and nowhere to go if he loses the house he and Danielle Austin are squatting in. He is willing to do and say anything that will keep him from being forced to live in a cardboard box or his Honda Pilot.