Sheriff's Deputies Barge Into Cancer-Stricken Disabled Woman's House with Guns Drawn to Evict Her

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Niko Black
On the morning of October 10, Niko Black was alone and ill when deputies from the Orange County Sheriff's Department arrived to evict her from her Garden Grove home on Shannon Avenue. "I'm in my bed and I see them storming my property," she tells the Weekly. "I crawl to my wheelchair."

The 37-year-old Mescalero Apache woman, who suffers from a rare, malignant and metastatic form of cancer, refused to open the door, saying that they had no legal right to be there. On the other side was a taped copy of a court order obtained from Federal Bankruptcy Judge Theodor C. Albert in late August that she firmly believes should have prevented the OCSD from carrying out the eviction. The deputies acted anyway.

"They break down my door," Black recounts. "I'm sitting there in my wheel chair. I'm about 100 pounds of shriveled-up cancer and a threat to no one."

What came next, she says, was much more harrowing. "Sergeant Bob Sima puts a gun to my face, finger on the trigger, no safety and walks around me," Black states, pausing to emotionally gather herself. "There's no reason, except for to threaten my life, for an intimidation factor, to put a gun to my head."

With neighbors lining up outside watching, Black's health began to worsen. "I needed my medication, I couldn't breathe and I was having a seizure," she said, claiming that deputies were unresponsive to concerns about her condition; one officer even remarked that she 'looked good' to him. An ambulance finally arrived at her friend's behest and she was forcibly removed from her home and hospitalized.

niko_black_2.jpg
Gabriel San Roman / OC Weekly
Black retells her ordeal to an assembled crowd

Sheriff's officials claim they originally arrived to Black's home on September 19 and that she served them legal documents at the time. County counsel allegedly instructed the deputies to carry out the eviction. Following the events of October 10, though, Judge Albert has ordered Wells Fargo and county officials to appear in court on November 13 to explain why they should not be held in contempt for violating the stay and be made to pay punitive damages.

"Wells Fargo filed a motion about an inch thick all the reasons why they should be allowed to evict me," Black said about the court order. "The federal judge denied them and stated very clearly they are not to. The bank illegally acquired an unlawful detainer, an eviction, without due process. They did it with fraudulent paperwork."

Black says that paperwork was signed by forgery with obvious misspellings of her of name and filed a civil lawsuit. Her intransigence, she believes, is the reason why she's been subjected to this entire ordeal.

Black and her supporters took to the streets and protested last weekend outside the Garden Grove Police Department as during the eviction she called them to the scene but they did not stop it from being carried out. An online petition is also circulating and Black plans to speak out at tonight's city council meeting.

And already, law enforcement is spinning their part furiously; yesterday, Sima took to the airwaves of The David Cruz Show on KTLK-AM 1150 to state that it's standard protocol to have weapons drawn in the clearing of a house, but that no guns were pointed at her head.

The OCSD and Wells Fargo will have to explain themselves in court next month, but for Black, her health concerns are much more urgent.

"Because I have a very aggressive form of cancer, every appointment, every day is crucial," she says. "I'm a person with a lower immune system. That's why all my nursing care, my physical therapy, my medical equipment, everything is set up for home care. This violates the Americans with Disabilities Act."

A social worker as well as the head of the hospital that she was taken to have both written in support of Black being immediately returned to her home for medical care. She's actively trying to find someone in the legal community to take all the evidence and help her get back into the house she has owned and principally resided at since 1994. 

"All I want to do is go home," Black says. "All I want to do is save my life."

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77 comments
sonicpig
sonicpig

Why don't we all meet at Bankruptcy Court on Nov.13th, watch the circus and sing a round of Kumbayah together.  

rossvassilev
rossvassilev

from her attorneys' website "...the foreclosure itself was based on a FRAUDULENT LOAN on which Ms. Black’s signature was faked and misspelled; a loan which, whatever else it may have been, was predatory as well, at an exorbitant rate and requiring a balloon payment, but in any case a loan Ms. Black had nothing to do with." Enough said. Wells Fargo is using fraud and forgery in trying to steal this woman's home. This could happen to any homeowner in America, even if they never signed a mortgage or a loan.

pegsworld
pegsworld

“A nation is not conquered until the hearts of its women are on the ground. Then it is done, no matter how brave its warriors or strong its weapons.” Cheyenne Proverb You do not understand her culture and judge her words through your culture. Of course she tells her story with passion; she’s fought a long battle alone, against all odds and no one who should have listen, did; not the state court; not law enforcement – not you -no one. She paid a great price to be heard…let her speak. She has little time left to bear witness to what they did and are doing – not for herself, but for others. ..even for you. Niko traded her remaining time to fight for justice for others…Don’t you get it???? Its too late for her…The damage has been done… It’s not about a house…Even if she “wins” she looses. It was in her best interest to walk away long ago, but she didn’t – she fought…

If you had listened to her whole testimony, then you heard her say that she filed CH7 BK , not because she owed anyone, but as a legal means to stop Wells and the other associated entities from removing her while her case was heard. It’s done all the time.

She’s not using her battle with cancer to gain sympathy, she making the point that what they have done violates the law and rights of ALL those with disabilities and causes great physiological and physical harm to the most vulnerable American population.

As for judging her length of time and way she tells her story… Get a clue. I work with the disabled whose speech and cognitive function are impaired by their disability. IT TAKES LONGER to form their thoughts and physically speak it out. It doesn’t take a respiratory therapist to assess from this video that she has great difficultly maintaining her respiratory function, but she kept pushing past her limit.

THE STAGE COACH It is not the carcass of the buffalo Dead, rotting in the sun; Tongues and hides stripped for sport and profit, staining ground blood red… Now, it is distressed neighborhoods with empty homes and displaced families which blight our land. Not unlike the abuse and excess of the past which left this land’s inhabitants… My lineage… Homeless and displaced. Today, corporate banks in bed with foreclosure mills Strip and gut what they were entrusted to conserve. While politicians and judges turn their back and look the other way… How ironic it is to see a stage coach on the letters I now receive. Peg (Chiricahua) Apache

You too will wake up and not recognize the land… “Welcome to the Res…” Russell Means

 

justiceunited
justiceunited

A Press Release Has Been Issued On The Niko Black Case http://www.ktlkam1150.com/pages/DavidCruz.html?article=10542790

 

The Law Office of Stephen R. Golden is preparing an ex-parte motion in Federal Court asking for an order returning Miss Niko Black’s house to her. We are all aware that Miss Black was evicted in violation of a Federal Court order and that Wells Fargo and the Orange County Sheriff’s Department has been ordered into Federal Court on November 13,, 2012 to show cause as to why they should not be held in contempt for violation of the order.  

 

The law office is also aware that both Wells Fargo and Carrington Loan Servicing have contacted the media in an attempt to mitigate negative public opinion. While our law office will let the facts of the case speak for themselves in Federal Court, we are making public statements from Stephen R. Golden and Senior Attorney Thomas Freidman.  

 

Our office has received a vast amount of requests from the media for information regarding Miss Black, we will begin to post non confidential information on our website beginning tomorrow http://www.stephengoldenlaw.com/

sonicpig
sonicpig

Still , don't blame a Sergeant for all this c r a p.  K ?

rossvassilev
rossvassilev

maybe you should appear in front of Federal Bankruptcy Judge Theodore C. Albert and explain to him why you're such an asshole. the banksters are no better than the Mafia and the cops are their hired goons and thugs.

butter7
butter7

It appears that she is arguing that there was some technical defect in evicting her -- she claims she wasn't properly served with notice, for example.  But she is not arguing that the bank is not otherwise within its rights to evict her.  Apparently she does not own the property, and the property was foreclosed when the owner defaulted.  The fact that she claims to have cancer or be sick is irrelevant to the question of whether she is entitled to continue to live in the home.  If she's that sick, maybe she can go stay with a friend or relative, but it does not mean that she is exempt from eviction if the house has been foreclosed.  Lots of drama here, but no real substance.

djemcee
djemcee

PLEASE GET THE STORY STRAIGHT.  This lady was on KFI and could not answer a single question without beating around the bush.  Listen to the interview by going to KFI's website.  She absolutely is covering something up, and using her cancer card to try and get her special treatment that others don't get.  It's simple, SIGN FOR A LOAN, PAY FOR THE LOAN!!!  All you people screaming "I was taken advantage of" were wide awake and aware of what you were signing.  Now that you can't pay for it, you want sympathy.  Well, NOT FROM ME.  If someone bought your car, and did not pay for it, you would take it away from them immediately or report it stolen.  May I ask what the difference is with a house?  Just because the banks have money, you want to make them the bad apple, and have them front your jobless lazy butts.  Get a job, pay for your house, and let's get back in our big boy/girl panties.  As for Niko, I am sorry you have cancer, but the banks shouldn't have to take a hit because you have cancer.  If they did take a hit for everyone who was ill and could not pay their bills, we would not have banks to give us loans!!!

sonicpig
sonicpig

The banks, the mortgage companies and the pendejo/politician/pogues all need to be held responsible for the mess THEY have created. Don't blame the cops - it's their job to follow the orders of the judges ( politicians in black robes ), period. The " occupiers " that break the law , in the name of all that is good and fair, are still breaking the law. Keep your eyes to the North to see what will soon happen to the oKKKupiers.

justiceunited
justiceunited

I hope the Law Office of Stephen R. Golden & Associates hires a PR firm. This is the kind of case people will want to follow. There need to be press releases. There needs to be coordination with groups like Campaign for a Fair Settlement, Rebuild the Dream, Occupy Our Homes, Home Defenders League, New Bottom Line, Project Home, etc. The sellouts who brought us the National Mortgage Settlement need to be asked at every turn why the new servicer standards, which require Wells Fargo to submit a valid proof of claim and obey the bankruptcy court automatic stay, FAILED COMPLETELY. The sellouts who brought us the National Mortgage Settlement have to be asked how they are going to make this right and make sure it never happens again. The bankruptcy judge needs a motion for contempt and sanctions. The cops need a 1983 civil rights suit. The foreclosure fraud movement needs its own Rosa Parks. Niko Black is that hero.

sonicpig
sonicpig

JUST-US-UNITED : Put down that crack pipe and realize that there are a lot of Sheriffs out there that have been doing civil law longer than you've been around.  County Counsel opinions, bankruptcy court opinions, A.G. and DOJ opinions are all considered as I throw these people out!

You can't lock me up --- I have the keys............................  Contempt ? YOU'RE IN CONTEMPT

justiceunited
justiceunited

Dear http://californiamonitor.org how are you going to enforce the National Mortgage Settlement, which is the responsibility of your office, and make this right for Niko?  Oh, that's right, you can't.

justiceunited
justiceunited

Bankruptcy court is civil law and not the criminal law taught in the police academy, but who the hell doesn't know what an automatic stay is? Foreclosures and evictions are halted by automatic stays every day.  And even if the cops really don't know what an automatic stay is those cops are supposed to ask their own counsel for a legal opinion not ask the bank's lawyer. The return of the rule of law begins with the cops and the bank's lawyer getting locked up by the federal bankruptcy judge on contempt of the federal court order. Then A.G. Harris can refer criminal charges against the cops and the bank's lawyer for breaking and entering, R.I.C.O., etc., to a criminal prosecutor since she can't take any action (per the National Foreclosure Settlement) on her own. How is waiving your rights as A.G. to go after Wells Fargo due to the National Mortgage Settlement working out for Californians, A.G. Harris?

sonicpig
sonicpig

STEPHEN255 - I am glad that you are going pro bono on Niko.  She obviously needs your help, but you and I both know of attorneys(?) / paralegals that suck the bucks from " victims " and do nothing for them but serve up lip service.  I run into them daily.  They are SHYSTER, LLC.  

CEANF9 and PHERTZ1 -  I make no apologies for myself.  I've been red-flagged for trying to change the bad cops and in this culture if you squak- you get stepped on ( I stomp back with size 13's ). But it's not worth my 3 @ 50-less career.  All you have to do is check out WitnessLA.Com to see what I'm up against .....Oh and......" pretty much all of them are unethical ?"....." a large percentage with suspect integrity " ??  Where in the hell do you get your facts ?   Lemme guess, Ask a Gabacho............... !

sonicpig
sonicpig

Oye Gustavo, I'm not an apologist, pero I am a realist. The only thing that I will apologize for are the small percentage of cops that are unprofessional, but I can't do anything to change that. I guess every profession has bad seeds, except of course the local fish-wrapper scribes, verdad ? Pathetic?, no pathetic are the little sheep that follow the rock throwing thugs that tear apart communities all in the name of justice and civil rights. WHOPHANTOM - you are right, it's come down to an "us vs. them" society in general, brought on by multi-generational criminals that don't give a shit and don't care who they step on. I know where to draw MY line. By the way Gus, thanks for signing my copy of the book.

sampson408
sampson408

 @justiceunited So she was paying her bills? Sorry but it is protocol to have your weapons drawn and the law is written pretty plain on paying your mortgage.

sampson408
sampson408

 @rossliskov Ya well if you do not pay your bills and rob people (what she was doing when she signed the loan agreement for the mortgage) this happens. 

sonicpig
sonicpig

 @rossliskov I am not a goon or a thug . I am an underpaid public employee with a really bitchin retirement. Can't wait to use it.

fandor
fandor

 @butter7 You're right, she's exempt from eviction because of a federal court order telling Wells Fargo and the police not to evict her. Even if the County counsel did in fact order an eviction it's moot point.

jongilbert
jongilbert

 @djemcee She has been in the home for 18 years according to the story.  That's 18 years of paying a loan on time.  Then the lady develops cancer, and according to the story, this is an aggressive type of cancer she has had to fight by setting up a "hospital" in her home.  Sounds like she got tapped out financially through no fault of her own.  Then she was granted a stay, and the bank was told NOT to evict her.  They and the county defied the stay...which is a legal document signed by a judge.So basically, your argument is...screw this lady...not the banks fault she got cancer.  And the company and county can just illegally disregard that stop eviction order signed by a judge.  Is that correct?

sonicpig
sonicpig

 @djemcee THANK GOD & GUSTAVO ALMIGHTY !!!  FINALLY a voice of reason and clear focus .  Thanks for speakin' up, djemcee. 

kalbrecht0016
kalbrecht0016

 @djemcee Do some more research on this. Niko Black did NOT have a mortgage with Wells Fargo. They didn't have any right to take her property.

tom013
tom013

 @djemcee In contrast to a home loan, which would be actual money you receive to buy a house, a mortgage is a legal document that you give to the lender of the loan.. it is securitized and the only thing of actual value..the person is giving the bank an annuity, that they then sell  "Just because the banks have money"...you have a lot to learn about fractional reserve banking and fiat money in general. 

tom013
tom013

 @sonicpig Police should be held responsible for breaking Official Code of Conduct & they should know how to read a court order.  "Just following orders" is a pathetic excuse from weak willed tools.

 

justiceunited
justiceunited

@sonicpig When I was around, pig was an acronym for pride integrity and guts. You are giving pig a bad name.

gdizerega
gdizerega

 @sonicpig As I read the comments in this thread the only seriously worthy of contempt posts seem to be many of yours.

 

You must be a Republican.

Becca
Becca

 @justiceunited EXACTLY which is why they should not have trigger happy cops evicting people.  I do not care if it their "protocol" to have guns drawn, it is absolutely stupid and morally wrong!!  I hope Niko sues the OCSD for  aggravation of her cancer and causing more emotional distress.

HungryHungryHippos
HungryHungryHippos

 @sonicpig You have your percentages backwards.  The small percentage of cops are the the professional ones.  99.999% of cops give the rest a bad name.

ceanf9
ceanf9

a 'good' cop that says and does nothing when they see a 'bad' cop do something illegal or unethical is a bad cop. and that includes pretty much all of them. perhaps you should apologize for the large percentage of cops with suspect integrity.

 

 

stephen255
stephen255

 @sonicpig Just so we are all clear Ms. Black has been with our Attorneys for about 3 hours and our law firm is doing this pro bono so the "shyster" Lawyer thing dont fly. Once we file the amended complaints the "Truth" will come out,, not opinions or assumptions,,,  Truth and it will come out in Federal Court !!!

Becca
Becca

 @sampson408   "protocol" holding a gun to a dying woman's head? That is idiotic and as for paying your mortgage that may be true but crap happens and banks, like Wells Fargo whose profits topped $3.9 billion last year need to work with terminally ill customers and those who have lost their jobs due to this landmark recession.  Wells Fargo likes to pretend they "give back" to society by lending a hand to Habitat for Humanity...what a joke. How about building Niko a home now that she is homeless.  How does anyone associated with Wells Fargo or the OCSD sleep at night?  They may have been in their legal right but morally you are dead wrong.

justiceunited
justiceunited

@sampson408 Your attack against the rule of law is wasted here. Wells Fargo needs it in the form of an Amicus Curiae by their Nov 13 federal hearing in this matter. But since they and their servicer already took a pass on explaining why they had a right to foreclose at the last hearing they decided to evade, I wouldn't lean to heavily on your ” If I say you owe me money I can break all laws” argument. Right now they aren't even ready to prove a right to foreclose, much less diplomatic immunity.

djemcee
djemcee

 @kalbrecht0016 Oh, I see, you know all about who she had her mortgage with.  I heard her, in her own words, say she originally did not have her loan with Wells Fargo, but WF bought the loan from her original lender (it happens all the time).  When the loan is sold off to the next bank, you are now in debt to them, and make your payments to them.  She has diluted her story and is full of whoa is me BS!

Becca
Becca

 @tom013  @djemcee Tom013   you are exactly right.  This whole idea that people "bought too much home" and now are crying they cannot afford to live there anymore is rubbish.  I could write a book about what OneWest did to me and thousands of other customers.  In my case, OneWest makes money when they foreclose. Frequently they push homeowners into foreclosure so they can collect under their Loss/Share agreement with the FDIC.  djemcee you have no idea what you are talking about. Home loans are no longer about borrowing money from your local banker but rather about several investors owning parts of various loans.  My lender never transferred the deed of trust into their name, so to use your analogy of buying a car and then not paying on the car would be repossessed, well in order to repo a car you have to have legal title showing you as the owner or the bank.  OneWest foreclosed on my home and they were not even on the deed.

sonicpig
sonicpig

 @tom013 You are absitivley right .  Following orders is what everyone is supposed to do in any job ( you are familiar with a job, aren't you ?), and if you fuck up, you should pay the price.  I get my orders from a a court and a judge that YOU elected and I can read a court order upside-down but at least I KNOW  how to act ( or not act ).    

sonicpig
sonicpig

@justiceunited No, the PIGS are the ones that thump and lie and have no morals. I however have morals and tell the truth. Sometimes that hurts - me and you.

sonicpig
sonicpig

@gdizerega I'm a GREENIE

sonicpig
sonicpig

 @HungryHungryHippos  Obviously, Ms. Hippo, you have had a little too much contact with the cops and probably had a good ass-whoopin' as a result ? maybe ? 

phertz1
phertz1

 @ceanf9 As much as I like to support the cops, in this case it certainly appears that you are correct.  Good cops who do not speak up when bad cops are screw ups are also bad. That includes the Chief who tells us how good he and his organization is but sits on his ass waiting for 3@50 retirement.

sampson408
sampson408

Thanks for that useless rant about the failed banking system. That does not change what she was doing.

justiceunited
justiceunited

 @sampson408 The PACER system provides online access to public records, which includes federal bankruptcy court documents. PACER.gov makes it impossible for you to lie about who is subject to a federal court order and who has a pending federal court date without being exposed as a liar. Money well spent by the judicial system. Wells Fargo submitted a motion for relief of the federal stay which is online. They failed to meet the burden of proving they had a right to evict so their motion was denied. The order denying their motion is online. Because they violated the order they have been ordered before the federal judge on Nov 13. The judge's order is online. Your attack against the rule of law is not moot, but for you to advance it and help Wells Fargo continue to violate the law, they need your help in court Nov 13, not here.

sampson408
sampson408

 @justiceunited  @sampson408 My attack? I used 2 sentences. One was a question and the other was a statement really. Just like the person below named "Becca".  You tell me not to lean on a side of the argument but again all I did was put a combination of text together that would hardly be considered by most an argument. Sorry but yes there is a reality and it is one that consists of  still having to pay your bills even when you are sick. Is it right? Not morally but legally it is and you are the one who actually turned it into an argument when you started taking things out of context and adding hyperbole to it. Yes it is protocol to have your weapons drawn when evicting someone who is trespassing. The property was not hers so your points are mute.

sonicpig
sonicpig

 @kalbrecht0016  @djemcee Wells Fargo is one of my worst customers - they never show up for their evictions on time. Pisses me off .

kalbrecht0016
kalbrecht0016

 @djemcee Wow, there's just not a caring bone in your body is there? She didn't have a mortgage with anyone. She owned the home. Maybe she did have a loan with Wells Fargo, but even so it was not a mortgage. Do you understand the difference? A mortgage is when you borrow against your house. There are many easier ways to settle a loan that is NOT a mortgage than an eviction. Not to mention the fact that a federal judge ordered Wells Fargo not to evict her. How can you side with the bank on this story? All the facts are against them.

tom013
tom013

 @Becca  @djemcee  Becca - I know exactly what you are talking about.  I had heard that the banks would rather foreclose on somebody rather than see them come back from delinquency, because that way they can keep the usurious fees they put on the person.. otherwise they will have to refund some, the way the statutes were recently revised... psychotically profit driven whatever the cost..  People are too lazy to learn how banking works...and the Bankers have become too lazy to even play by their own rules

sonicpig
sonicpig

 @tom013 WOW ! , settle down Tommy.  Yes , I did take an oath - to uphold the law , defend the Constitution and a bunch of other stuff.   Yes I have read the Constitution, many times ( I keep the abridged copy in my back pocket ) and as far as me being full of shit, you are wrong - I'm only just a little bit full of it.  Now let me roll you a nice doobie and put my shades on , 'cause your ignorance is blinding !

tom013
tom013

 @sonicpig  You didn't answer my question.  Did you take an oath?

 

Certificates mean that you have been brainwashed on procedure.. congrats.  Ever read the Constitution?  Do you know the difference between Common Law and Admiralty Law?

tom013
tom013

 @sampson408  You are an idiot.  Seriously, do you feel better blaming less-fortunate people for the problems?  Do you think they are making your taxes worse?  The Bankers have you blaming each other for the problems THEY CREATED.  The derivatives bailout to the bankers cost us more than every major U.S. War COMBINED. Now that is serious WELFARE.  Your anger is misplaced.  STFU

sonicpig
sonicpig

 @Becca O K, beKKKa , nowe eye cee wy ur sew bittur. Uuve bean downe tiz rode bfor, ann itz evrbuddyz falt butt urz.

nerro mynded ?  bett ur azz !  AND DON'T THINK FOR AN F'ING MINUTE THAT A GUN WAS HELD TO HER HEAD. lammoe.  

Becca
Becca

 @sonicpig  Yeah but can you spell? Don't think so and therefore I doubt you know how to read any better than the OCSD whom apparently can't understand plain English or are just trying to be rogue cops.

sonicpig
sonicpig

 @tom013 I have 2 Degrees from major colleges, a file full of specialty Certificates ( Civil law,  bankruptcy law and evictions among them ), 2 Lifesaving  medals and 26 years of street smarts in how to deal with people like you & most importantly - ZERO days off for abuse or use of force....... jussayin'. Low IQ and Bully don't apply. 

sampson408
sampson408

 @tom013  @sonicpig So its cool for someone to live somewhere in which someone else owns without paying? Then its cool to cry wolf and claim a deadly cancer virus is killing her? She has a weak and rare form of cancer. I heard her bullshit. I am not a cop but I am a man who pays his bills on time.

tom013
tom013

 @sonicpig Blindly following orders is NOT what you are supposed to do ... thats the definition of "The Nuremberg Defense".  An officer is provided a moral choice, to act as a peacekeeper first, and policy enforcer second.  Did you take an oath?  I'd question if you are even a cop - but your trolling seems consistent with the behavior of a low IQ bully.

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