SUMMARY JUDGMENT

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XXX MOTION FOR SUMMARY JUDGMENT – 1
XXXX
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Plaintiff in pro per

IN THE XXX DISTRICT COURT
IN AND FOR THE DISTRICT OF XXX

XXX,
Plaintiff,

vs.
FREEDOM MORTGAGE ET. AL.,
Defendants

Case No.: XXX

XXX MOTION FOR
SUMMARY JUDGMENT

NOTICE OF XXX MOTION FOR SUMMARY JUDGMENT
You are hereby notified that on ______________ (Date), at _________ (am/pm), or as soon
thereafter as XXX can be heard, in Courtroom ___ of the XXX District Court
for the District of XXX will bring on for hearing his Motion for Summary
Judgment. The Motion will be based on the attached Motion, the Memorandum of Law and
Authorities in Support of Michael Fleming’s Motion for Summary Judgment, and supporting
exhibits and affidavits.

Dated this _____ day of XXX.

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XXX MOTION FOR SUMMARY JUDGMENT – 2

Respectfully Submitted,
___________________________________
XXX,
Plaintiff in pro per

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XXX MOTION FOR SUMMARY JUDGMENT – 3
MOTION FOR SUMMARY JUDGMENT

XXX avers that there is no genuine issue as to any material fact in his
Complaint and moves for summary judgment and submits the attached Memorandum of Law
and Authorities in Support of Motion for Summary Judgment.
For the reasons stated therein, XXX respectfully requests this Honorable
Court to grant him the following reliefs:
a. GRANT this Motion for Summary Judgment;
b. XXX the prayers requested in the Complaint;
c. AWARD XXX damages in the sum of $____________;
d. AWARD XXX punitive damages;
e. AWARD XXX costs of this suit;
f. AWARD XXX such equitable relief as this Court deems fair under the
circumstances; and
g. AWARD XXX such further relief as this Court deems proper.

Dated this _____ day of July, XXX.

Respectfully Submitted,
___________________________________
XXX,
Plaintiff in pro per

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MICHAEL D. FLEMING’S MOTION FOR SUMMARY JUDGMENT – 4
MEMORANDUM OF LAW AND AUTHORITIES IN SUPPORT OF MICHAEL

FLEMING’S MOTION FOR SUMMARY JUDGMENT

Comes now the Plaintiff, XXX, Plaintiff, and files this Motion for Summary
Judgment, and for cause would show this Honorable Court as follows:

Nature of the Action

1. XXX is a law-abiding male adult citizen residing in the State of
XXX highest degree attained is a Master in Legal Studies at XXX
University School of Law in XXX. He is married and has overcome great battles in life.XXX has no criminal record and a clean record.
2. XXX purchased his first home in XXX for mental security after
battling homelessness as a pre-teen/teenager, hence this matter is of great importance. XXX hereby submits the following memorandum of law in support of his Motion for
Summary Judgment.

Statement of Undisputed Material Facts in Support of Motion for Summary Judgment
This case concerns one of the matters(s) of Real Property located at XXX
XXX, Lot 24’ & East 10’ of Lot 23 – Block E (hereinafter referred to as the
“Subject Property”). It involves the purchase of real property by Michael Fleming and alleged
Mortgage by Freedom Mortgage.
1) XXX“ Closed” on his property. Upon further
inspection, it was found that the Bank/Mortgage Lender did not disclose as requested full
disclosure of all key and or pertinent facts involving his Real Property.

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XXX MOTION FOR SUMMARY JUDGMENT – 5
2) XXX brought suit against his licensed agent and against the seller of the
property. The matter involved the breach of contract between the parties entrusted to work fairly
on behalf of XXX. The matter was settled before trial.
3) Mr. Fleming was brought before the State of XXX Foreclosure Court Case
number CAEF16-44290. This attempt said Freedom Mortgage is the true owner of the Real
Property of the address listed above. This suit was fought in court and dismissed and closed
statistically. Thereby asserting Mr. Fleming as the true property owner. (Insert Date of start of
case)
4) XXX made an offer to “Settle Debt” dated XXX to Freedom
Mortgage Chief Executive Officer, XXX Chief Financial Officer, and Advanced Title
and Trust. All documents were received.
5) Freedom Mortgage within the said offer to “Settle Debt” is ascribed to four
sections of completion within the said offer:
The Claimant respectfully requests a state of the account showing a balance of $0 to be mailed
within twenty days of presentation of This Notice. The Claimant (XXX) respectfully
requests that the respondent (Freedom Mortgage) send the title and deed associated with XXX, Lot 24’ & East 10’ of Lot 23 – Block E. Showing that
the Claiming has the full legal title of the Real Property.
The Respondent shall not refuse, return or challenge The Tender unless.:
a notice of dishonor from the drawee of the Tender accompanies said refusal, return or
challenge; or
unless a defect (define Defect) in The Tender is identified and verified by Mr. Fleming.
In either of the above cases, Respondent shall return THE ORIGINAL Tender. A copy of the

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MICHAEL D. FLEMING’S MOTION FOR SUMMARY JUDGMENT – 6
Tender is NOT ACCEPTABLE. Mr. Fleming and Freedom Mortgage (collectively known as the
parties) Stipulate that the Respondent’s failure to perform pursuant to the aforementioned terms
is a breach of the respondent’s fiduciary duty.
Cease and Desist from any and all actions, litigations, and enforcement of any and all writs or
orders regarding the titles and possession of XXX,
Lot 24’ & East 10’ of Lot 23 – Block E and regarding settlement of the Account.
6) Notice of termination of trustees dated XXX was sent.
7) Notice of Legal Tender was sent to Freedom Mortgage Chief Financial officer,
XXX. Freedom Mortgage CFO and Advanced Title and Settlement are in receipt of
this notice.
8) Freedom Mortgage gave notice of receipt of the request and asked to amend the
request to seek 30 additional days to review the offer.
9) Mr. Fleming granted this request. Dated XXX as such making thirty days
from this request completed at maximum December 1 st ; to take into account the numerous
holidays during this time period.
10) Freedom Mortgage accepted the request and the offer as “Legal Tender” and all
but one matter was resolved per the offer made on XXX.
11) XXX did not receive the Title and or Deed from Freedom Mortgage
spoken in the offer to “Settle Debt” As such XXXX sent via certified mail an “Affidavit of
Fault and Opportunity to Cure” dated XXX.
12) XXX sent a request to Freedom Mortgage to release the mortgage and
remove all liens and or debts. Freedom Mortgages sent a letter dated XXX with Mr.

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XXX MOTION FOR SUMMARY JUDGMENT – 7
Fleming’s Loan Number “Loan” Number XXXX stating the release of Mortgage is within
the email attachment.
13) Mr. Fleming received another person’s “Release of Mortgage which is unrelated
to this matter and or both parties involved.

Standard of Review of Motion for Summary Judgment

3. Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, a motion for
summary judgment "shall be rendered forthwith if the pleadings, deposition, answers to
interrogatories and admissions on file, together with affidavits, if any, show that there is no
genuine issue of material fact and that the moving party is entitled to judgment as a matter of
law." See, Fed R. Civ. P. 56(c); Barwick v. Celotex Corp., 736 F2d. 946 (4th Cir.); Celotex v.
Catrett, 477 U.S. 317, 322-24(1986).
4. In the analogous context of summary judgment under Rule 56, we have stated that
the court must review the record "taken as a whole." Matsushita Elec. Industrial Co. v. Zenith
Radio Corp., 475 U. S. 574, 587 (1986). And the standard for granting summary judgment
"mirrors" the standard for judgment as a matter of law, such that "the inquiry under each is the
same." Anderson v. Liberty Lobby, Inc., 477 U. S. 242, 250-251 (1986); see also Celotex
Corp. v. Catrett, 477 U. S. 317, 323 (1986). It therefore follows that, in entertaining a motion for
judgment as a matter of law, the court should review all of the evidence in the record.
5. In doing so, however, the court must draw all reasonable inferences in favor of the
nonmoving party, and it may not make credibility determinations or weigh the
evidence. Lytle v. Household Mfg., Inc., 494 U. S. 545, 554-555 (1990); Liberty Lobby, Inc.,

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XXX MOTION FOR SUMMARY JUDGMENT – 8
supra, at 254; Continental Ore Co. v. Union Carbide & Carbon Corp., 370 U. S. 690, 696, n. 6
(1962).
6. Summary judgment is appropriate only if "the movant shows that there is no
genuine issue as to any material fact and the movant is entitled to judgment as a matter of law."
Fed. Rule Civ. Proc. 56(a). In making that determination, a court must view the evidence "in the
light most favorable to the opposing party." Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90
S.Ct. 1598, 26 L.Ed.2d 142 (1970); see also Anderson, supra, at 255, 106 S.Ct. 2505.
7. The burden of proof rests on Mr. Fleming to show that there exists no genuine
issue of material facts of this case as he has done in this Motion. The burden of proof then shifts
to the Defendants to demonstrate that there exists a genuine issue of material facts, therefore,
motion summary should not be granted. If the Defendants fail to file a response/opposition to this
motion showing that there exists a genuine issue of material facts, Mr. Fleming requests this
court to grant this Motion in its entirety without hearing.

Legal Argument and Causes of Action

Violation/Count 1) 18 U.S. Code § 1951
Robbery
8. Plaintiff hereby incorporates the statement of material facts above as though set
out in full herein.
9. By facts addressed, the real property located at 3801 Portal Ave Temple Hills
Maryland 20735 is and remains the property of Plaintiff Fleming. As such Freedom Mortgage
aligned themselves to commit an act of “Robbery” against Plaintiff Fleming.

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MICHAEL D. FLEMING’S MOTION FOR SUMMARY JUDGMENT – 9
10. Freedom Mortgage sought to rob Mr. Fleming of his possession through the use
of force by the State court to obtain possession of Plaintiff possession(s) through the process of
“Foreclosure”.
11. As of August 12, 2015, Mr. Fleming was and is the true owner. Any contracts
entitling Freedom Mortgage are “Void ab-initio”. Freedom Mortgage knew at the “Closing” of
the Real Property Plaintiff Fleming is the true owner and no real mortgage exists.
12. As such to attempt to secure Mr. Fleming’s personal property violates a Maxim of
Law that “He who comes into equity must come with clean hands:” Freedom Mortgage willfully
used the State Courts to relieve Mr. Fleming of his property.
Exhibit A – Title and Deed.
Exhibit B – Foreclosure Paperwork.

Violation/Count 2) 18 U.S. Code § 876
Mailing threatening communications
13. Plaintiff hereby incorporates the statement of material facts above as though set
out in full herein.
14. By the defendant’s proclamation, they attest to the use of the law relating to
foreclosure to injure Plaintiff Fleming. These proclamations were arrived at via United States
Postal Office. As such is in direct violation of this code.
Remedy Sought – Maximum compensatory/punitive damages.

Violation/Count 3) 18 U.S. Code 1001

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XXX MOTION FOR SUMMARY JUDGMENT – 10
Statements or entries generally
15. Plaintiff hereby incorporates the statement of material facts above as though set
out in full herein.
16. Freedom Mortgage falsified the true nature of the purchase of Real Property.
Freedom Mortgage concealed an extremely vital and important material fact. Defendant deceived
Mr. Fleming into signing a contract that has no legal standing and is a “Dead Pledge”. Freedom
Mortgage sought to do harm to Plaintiff by intentionally keeping a key fact.

17. The XXX Government by way of the “Truth in Lending Act” Full
disclosure was to be had. Defendant did not make Mr. Fleming aware that upon signature of all
documents relating to the purchase of what is now his Real Property.
18. All other contracts were optional and or only in place to profit and benefit from
the seller that only to the alleged Mortgage Lender; which makes the contract Void- Ab-inito.
Only Freedom Mortgage stood to gain any outcome from this Alleged Contract.

Violation/Count 4)
Violation of U.S. Constitution Article 1 Section, 10
19. Plaintiff hereby incorporates the statement of material facts above as though set
out in full herein.
20. No State Shall make anything but gold and silver coin a tender in payment of
debts.”
As mentioned by Defendant the transaction of Mortgage is a State transaction and a matter
relating to the like should be addressed in State Court.

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XXX MOTION FOR SUMMARY JUDGMENT – 11
21. The issue lies when Freedom Mortgage seeks “Federal Reserve Notes” for
payment of a debt in which the State dictates the rules of law.
22. In accordance with State law. This transaction for debt is to be paid in gold or
silver coins ONLY.
“The Federal Reserve Notes in question are unlawful and void on the following grounds.
(a) Said notes are Fiat Money…There is no mode provided for the enforcement of the payment
of the notes in anything of value.
(b) the notes are obviously not gold.
(c) “the sole consideration paid for the notes is in the neighborhood of 9/10th of 1 cent, and
therefore, there is no lawful consideration behind said notes.
(d) …Title 31 USC Section 462 which attempts for all debts, public and private, is
unconstitutional and void in contrary to Article 1 Section 10 of the Constitution.
23. Thereby Freedom Mortgage by facts proven openly committed acts of violating
18 U.S. Code § 1956. By seeking forms of legal resolution of debt NOT deemed lawful under the
state has committed a Federal Violation in an attempt to secure Mr. Flemings’ personal property,
in exchange for State debt payments which they are so duly bound to honor state law.
24. As the defendant so expresses, the defendant still wishes and makes claims of the
validity of the debt and holds Plaintiff Fleming bound to a debt that no more or never truly
existed.
25. Seeking to collect Federal Reserve Notes which are deemed to not be
constitutional for a state-run transaction. As such would make Federal Reserve Notes the Legal
form of payment and as such usurp the state right.

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XXX MOTION FOR SUMMARY JUDGMENT – 12
26. A corporation such as Freedom Mortgage certainly cannot have any more rights
than a natural person. the emission of bills of credit upon their books, without consideration and
the issuance of Federal Reserve note without consideration, to circulate as a legal tender for the
payment of debt is not permitted, expressly or implied by the constitution of the United States.
Remedy Sought – Maximum compensatory/punitive damages.

Violation/Count 5) 29 U.S. Code § 1109
Liability for breach of fiduciary duty
27. Plaintiff hereby incorporates the statement of material facts above as though set
out in full herein.
28. Freedom Mortgage did not act in Plaintiff’s best interest as the defendant
defrauded Mr. Fleming into a contract with only one party benefiting; that being the defendant
Freedom Mortgage.
29. Freedom Mortgage is bound to disclosure as stated in the Truth in Lending Act &
Real Estate Settlement Procedures Act. Defendant did not disclose to Mr. Fleming that the
alleged Mortgage Contract is optional upon “closing” and or 100% for the benefit of the Lender
and not to that of Mr. Fleming.
Remedy Sought – Maximum compensatory/punitive damages.

Violation/Count 6)
Breach of Trust

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XXX MOTION FOR SUMMARY JUDGMENT – 13
30. Plaintiff hereby incorporates the statement of material facts above as though set
out in full herein.
31. An act (or a failure to act) by a trustee (So named on the Official Documents
citing Freedom Mortgage as the trustee) that is not authorized either by the trust document or by
law breaches a fiduciary duty such as the duty not to profit from the trust.
32. As stated within this document at the “closing” the loan was complete. When
Freedom Mortgage began requesting, I expend to this company what is considered Federal
Reserve Notes in exchange for the trust and/or Real Property this action denotes a Profit;
remembering Freedom Mortgage has offered nothing of value. They would now be unjustly
enriched from matters relating to the trust.

Violation/Count 7)
Breaches the common law or statutory duty of care
33. Plaintiff hereby incorporates the statement of material facts above as though set
out in full herein.
34. Breach in Common Law as stated “Be honest in your dealings and not deceive
anyone” Freedom Mortgage has deceived Plaintiff into entering into an Alleged Contract where
only Defendant benefits. As such kept Mr. Fleming bound to work and subject himself through
the use of his hard labor for the only purpose of ensuring his possession(s) will not be taken.
35. If Mr. Fleming had not been defrauded, he would not have had to subject himself
to being bound to involuntary servitude which greatly diminishes Mr. Fleming’s right to
expressly enjoy his God-given liberties.

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XXX MOTION FOR SUMMARY JUDGMENT – 14
36. Plaintiff now contends the Defendants bear a heavy burden under Federal Law to
conduct Business with a “Duty of Care”. As shown to this court the Defendant has failed to
fulfill that duty.
37. Freedom Mortgage is to know Federal Laws as it relates to Real Property laws
and how to collect payments if any be deemed legal under the Constitution.
38. Freedom Mortgage is governed by the XXXX

of America and under strict
regulation of the Federal Trade Commission. As such this matter is of the nature of Tort and
Breach of Contract both intertwined.
39. Real Property is the meat of their entire organization. As such it can ONLY be
concluded this entire transaction was fraudulent and as such Mr. Fleming should be entitled to all
damages sought for relief.
Remedy Sought – Maximum compensatory/punitive damages.
Additional relief request.
Mental Anguish Penalty sought Maximum allowed under Federal Law.
Violation against a private citizen – United Nations Guiding Principles on Business and Human.
Rights remedies sought maximum allowed under Law both federally and internationally.

Violation/Count 8
Unjust Enrichment
40. Plaintiff hereby incorporates the statement of material facts above as though set
out in full herein.
41. Under Maryland law, a plaintiff’s claim for unjust enrichment must satisfy the
following three elements: “(1) a benefit conferred upon the defendant by the plaintiff; (2) an

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XXX MOTION FOR SUMMARY JUDGMENT – 15
appreciation or knowledge by the defendant of the benefit; and (3) the acceptance or retention by
the defendant of the benefit under such circumstances as to make it inequitable for the defendant
to retain the benefit without the payment of its value.” Swedish Civil Aviation Admin. v. Project
Mgmt. Enter., Inc., 190 F. Supp. 2d 785, 792-93 (D. Md. 2002) (quoting Abt Associates v.
JHPIEGO, 104 F. Supp. 2d 523, 535 (D. Md. 2000)); see Dashiell & Sons, 358 Md. at 95-96 n.7,
747 A.2d at 607 n.7 (same); Everhart v. Miles, 47 Md. App. 131, 136, 422 A.2d 28, 31 (1980)
(same).
42. “A successful unjust enrichment claim serves to ‘deprive the defendant of benefits
that in equity and good conscience he ought not to keep, even though he may have received those
benefits quite honestly in the first instance, and even though the plaintiff may have suffered no
demonstrable losses.’” Hill v. Cross Country Settlements, LLC, 402 Md. 281, 295, 936 A.2d
43. Mr. Fleming is the true owner of the subject property. Freedom Mortgage
acknowledged that and was supposed to send Mr. Fleming a Release of Mortgage. Freedom
Mortgage sent Mr. Fleming a Release of Mortgage belonging to another person, not his. As such,
Freedom Mortgage denied Mr. Fleming the benefit of ownership of his property by claiming that
it was the owner of the subject property. Freedom Mortgage even sued Mr. Fleming in state court
to attempt to foreclose the subject property but the suit was dismissed. Freedom Mortgage
continues to deny Mr. Fleming the benefits of ownership of the subject property. It will be unfair
for Freedom Mortgage to retain ownership of the subject property as it rightfully belongs to Mr.
Fleming.
44. Defendants are liable for unjust enrichment and ought to pay damages to Mr.
Fleming.

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XXX MOTION FOR SUMMARY JUDGMENT – 16
Violation/Count 9
Breach of Contract Relating to the Mortgage Contract
45. Full Disclosure – Freedom Mortgage never informed the alleged debtor (Plaintiff
XXX) that a “Credit” for the amount of the loan was created by use of his wet
signature. As such, at the signing of closing documents. The process of “Loan” is completed.
46. Freedom Mortgage enslaved Mr. Fleming into a mortgage contract when in fact
the Bank of record has already finalized the transaction involving Real Property. The “Fraud”
and “Enslavement” is now committed when Freedom Mortgage then binds Plaintiff Fleming to a
contract with no actual debt of record and only, Mr. Fleming bears any risk.
47. As shown in the documents provided, Freedom Mortgage has sought through the
use of a Promissory note full payment for this transaction through the Federal Reserve.
48. Wet Ink Signatures – Freedom Mortgage has not provided tangible evidence of
the wet ink signatures to bind Plaintiff Fleming to this alleged contract. As such the courts to
“Void ab-inito” this alleged contract.
Remedies sought –
1) Maximum compensatory/punitive damages.
2) $210,000 for the cost of Real Property.
3) Void the alleged contract in question from the beginning.

49. This Federal Suit is about the Breach of Contract relating to the “Attempt to Settle
Debt” notice ascribed with already submitted documents in evidence of this court. This letter was
sent via Certified Mail dated 10/03/2019.

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MICHAEL D. FLEMING’S MOTION FOR SUMMARY JUDGMENT – 17
a) Freedom Mortgage Fulfilled all perimeters relating to the offer to “Settle Debt” sent
to
Stanley Middleman C.E.O
Stan Moskowitz C.F.O
Advanced Title and Settlement
…dated 10/03/2019 EXCEPT, closing out the account and releasing the mortgage i.e.,
Lien.
Freedom Mortgage HAS
b) …fulfilled the cease-and-desist portion of the contract offer to settle the debt.
c) … fulfilled the do not contact portion of the Contract to settle the debt.
d)… kept and is currently in receipt and possession of “Legal Tender” presented to Stan
Moskowitz the Chief Financial Officer dated 2019 via certified mail.
Remedies sought
1) Maximum compensatory/punitive damages.
2) Release of Mortgage documents and remove all negative credit history data from
08/2015th to today’s current date.

Dated this _____ day of July, XXX.

Respectfully Submitted,
___________________________________
Michael D. Fleming,
Plaintiff in pro per

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XXX MOTION FOR SUMMARY JUDGMENT – 18
VERIFICATION

I, XXX, being duly sworn depose and say that I have read the foregoing Motion
for Summary Judgment and know the contents thereof. That the same is true of my own
knowledge except as to those matters and things stated upon information and belief, and as to
those things, I believe them to be true.

Dated this _____ day of July, XXX.

Respectfully Submitted,
___________________________________
XXX,
Plaintiff in pro per

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