Bards, Rise! with host Michael Deem

Homesteading with Mike & Leah: Legal Battles in Michigan

Fighting for the Homestead: Legal Battles and Land Patents

Introduction

Host Michael Deem welcomes Mike and Leah back to discuss the progression of their homestead defense strategy. The episode focuses on the practical and legal challenges they have faced following the foreclosure of their two properties, detailing their confrontation with aggressive process servers, their disappointing experiences in state court regarding "Lack of Subject Matter Jurisdiction" motions, and their escalation to federal court to enforce Federal Land Patents.

Detailed Summary

The Foreclosure and Eviction Escalation

Following a foreclosure sale on April 24th and the expiration of the redemption period in late October, Mike and Leah faced the beginning of eviction proceedings. Although the bank holds a sheriff's deed, the couple maintains that no third party purchased the debt, meaning the bank retained the paper. The situation escalated when a court officer—not a sheriff—aggressively served papers at their business property. The officer, wearing a bulletproof vest and brandishing a firearm, attempted to intimidate the couple and gain entry, despite their posting of "Federal Property" and "No Trespassing" signs. Mike and Leah stood their ground, asserting their rights as successors to a land patent, though the officer dismissed their claims and taped notices regarding rent diversion to the tenants.

State Court Proceedings and Due Process Concerns

On January 8th, Mike and Leah attended two separate hearings for their properties. In the first hearing regarding their home, the judge completely ignored their filed "Motion to Dismiss for Lack of Subject Matter Jurisdiction," treating the appearance as a routine preliminary hearing despite Mike attempting to place his documents on the record. In the second hearing regarding their business (an LLC), the judge refused to let Mike represent himself, citing Michigan law that requires corporations to be represented by an attorney. Mike argued that he is the sole member and that no attorney would file their specific land patent arguments, but the judge struck their documents from the record. The host, Michael Deem, described the proceedings as a "lynching" of due process, noting that the judge cleared the Zoom audience to prevent witnesses to the dismissal of their arguments.

Legal Escalation Timeline

April 24

Foreclosure sale occurs (Bank retains title).

Oct 24

Redemption period expires; Sheriff's deed becomes effective.

Nov/Dec

Eviction process begins; Aggressive service of papers by court officer.

Jan 08

State Court Hearings: Motions to dismiss ignored; LLC representation denied.

Current

Federal Lawsuit filed; Fighting Magistrate referral.

Federal Strategy and Community Impact

Realizing the state courts (equity courts) would not acknowledge their federal land patent rights, the couple filed a federal lawsuit. They encountered administrative hurdles, such as the court clerk mislabeling their case as a standard foreclosure and Section 1983 civil rights case, which led to an automatic referral to a Magistrate Judge. Mike and Leah have formally objected, demanding an Article III judge to hear their constitutional arguments. Despite rumors in their town labeling them "sovereign citizens"—a claim they vehemently deny, clarifying they are simply "successors to land patents"—they remain committed. They view this fight not just as a personal financial matter, but as a necessary battle to establish a precedent that protects all Americans' right to permanent, unassailable shelter.

To-Do / Next Steps

Federal Court Action: Mike and Leah must await the court's response to their objection regarding the Magistrate Judge referral and the request for an Article III judge.

State Court Preparation: The couple needs to prepare for an upcoming in-person hearing for the second eviction case, where they hope the lack of "fringes on the flag" indicates a fairer venue.

Upcoming Broadcast: Michael Deem plans to host a show next week featuring special guest Saskia to discuss further developments.

Conclusion

Mike and Leah's journey highlights a systemic friction between state statutes and federal land patent claims. Despite setbacks in state court and administrative challenges in federal court, they remain resolved to exhaust every legal avenue. Their ultimate goal is to secure their property rights and create a legal pathway for others to protect their homesteads from corporate overreach.