Complaint

Re: Vision Bank. N, A, plaintiff in Case No. CJ-2018-205 defendant, Jacob Wayne Brauning

This letter serves as notice of complaint against

VISION BANK, ALVIN D FILES, AND CO-CONSPIRATORS

FOR:

Discrimination on the basis of race and age, Retaliation, Loss of earnings, Injury, Out-of-pocket loss,
Property, Invasion of privacy, defamation and slander, Kidnapping and serious illegal detention,
Exploitation of minors, Trespass to dwelling, other forms of trespass

FRAUD:

Professional Misconduct, Fraud on the Court, Unconstitutional usurpation of due process rights of the
defendant or their property. Alvin Files and co-conspirators to convert property unlawfully and by fraud
and usurpation of due process rights of the defendant

ETHICAL: 

 (a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to
do so, or do so through the acts of another;
   (b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a
lawyer in other respects;
   (c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
   (d) Engage in conduct that seriously interferes with the administration of justice;
   (e) State or imply an ability to influence improperly a government agency or official;
   (f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of
judicial conduct or other law; or
   (g) Seek or threaten to seek criminal charges or disciplinary charges

Solely to obtain an advantage in a civil matter

Alvin D Files, Representing Vision Bank. N, A, plaintiff in Case No. CJ-2018-205 attempts to
bring action against defendant, Jacob Wayne Brauning, a private individual, by way of Summons and
Petition served on Jacob Wayne Brauning at his homestead property ten miles north of the city of Ada
and near the rural address of 5262 County Road 3565 Ada, Oklahoma, by a local process servicer before
accepting the documents, I requested to know the information on the face of the documents the gentlemen
polity agreed and stated it was a complaint from Vision Bank N,A, and prepared by Alvin D Files my
response to the servicer was I spoke to Drew Gibson Agent from Vision Bank. N,A, last Thursday at
3:00 PM when Drew Gibson called my cell phone informing me that he received the loan modification
request sent to Vision Bank N,A, and it was being considered

I replied that I was currently at the Chickasaw Nation Hospital in Ada, Oklahoma and that my
daughter Kimber Brauning, had passed away around noon that day, as to be reasonable to expected my
wife and I were making the painful decisions on the Cemetery location determining type’s and color of
caskets etc, that my family and I were in extreme duress and grief due to our loss and was not able to
discuss the matter until after the graveside service and memorials on our about the 14 th of December 2018
less than two weeks before Christmas, In good faith entrusted Drew Gibson, Agreed to return his call
regarding the Loan Modification matter in a week, however we were served foreclosure papers on the
day of the funeral service with our home full of family members, a painful event for my children to
wittiness, however the Servicer was patience and remorseful as though the bank had formal knowledge
of our hardship he did not so I received the Documents Summons and Petition and immediately
discovered errors and omission

 Defendants name did not a match on both documents furthermore

 “Mortgage in fact paid” on line 14 of complaint easily provable by evidence on the record
 Title check was performed no liens or mortgagee/recorded at County Recorder of Deeds at time
of service of action
 Misconduct nefarious acts foreclosure fraud- Wrongful action being illegal and voidable initio
because it is based upon fraudulent and possibly forged documents by Alvin D Files

Due diligences into the aforementioned matters caused Legal Consumer Requests to the lender on the
15TH of January 2019, Documents listed below

 Qualified Written Request (QWR) RESPA demand letter to lender, arising from an alleged
misapplication of funds for their transferred loan after the lender claimed that the Brauning’s
were delinquent on loan.

 Qualified Written Request (QWR) demanded a payment history from “origination to present.”

 Qualified Written Request (QWR) Demand of debt verification request letter

 Notice of Recession WITHDRAW and Notice of Revocation documents

Sent to Vision Bank N, A, at 101 W Main Ada, Ok 74820 and their P.O. BOX with return recipe on or
around the 15TH of January 2019

Although no formal letter of demand and intent to take action against Jacob Wayne Brauning by Vision
Bank N, A, had been presented, also the complaint served CJ-2018-205 14 th of December 2018 prepared
by Alvin D Files, being on its face voidable without merit and lack of standing, Jacob Wayne Brauning
hand delivered an Answer to complaint and Counter-Claim with Strike into case CJ-2018-205 to the
PONTOTOC COUNTY COURT CLERT, Karen Dunnigan, twenty nine days after being served.
 Jacob Wayne Brauning, received one regular mail piece and one certified mail piece from Alvin D Files
and his law firm on or about the 23th of February 2019 at 5262 County Road 3565 Ada, Oklahoma
leaving the parcels un-opened I put them together in a larger postal envelope and sent them along with a
written complaint of mail fraud to the United states Postal Inspector in Chicago stating Jacob Wayne
Brauning had no contract nor know Alvin D Files, and was being harassed by way of mail fraud and
misrepresentation

On or around the 1st of April Jacob Wayne Brauning Filed a Motion to Dismiss at the Pontotoc County
Court Clerk’s Office for Case No. CJ-2018-205 on the same day sent a Letter of default to Vision Bank
NA in a following up response to Documents sent on or around the 15 TH of January 2019 in regards to the
actions being taken against Jacob Wayne Brauning and his Property

On the 3rd of May 2019 Jacob Wayne Brauning and Savanna Brauning filled and recorded with Pontotoc
County Clerk State of Oklahoma Tammy Brown 1-2019-002231 Book 3302 Pg:4 , Legal Notice and
demand which included forty four pages of Documents that included, Affidavit of Facts, Withdraw of
Consent, Notice of Ownership, Possessions and Occupancy, Claiming and recording Jacob Wayne
Brauning’s Property, Home and Possessions at 5262 County Road 3565 Ada, Oklahoma as the intent of
Alvin Files and co-conspirators to convert property unlawfully and by fraud and usurpation of due
process rights of the defendant

The County Clerk Tammy Brown mailed a copy of the recorded Legal Notice and demand documents
filed 5/3/2019 at address of 5263 County Road 3565 Ada, Oklahoma, Jacob Wayne Brauning the same
day went online and obtained the facsimile numbers to Vision Bank NA, Pontotoc County Sheriff’s office
and Pontotoc County Court House all in Pontotoc County Oklahoma, with cover sheet the
abovementioned documents were Fax Transmitted to the three abovementioned agencies and a Fax
Confirmation was received and retained for each one, one copy was sent Certified Mail® Return Receipt
to Vision Bank NA and a copy to each the Court Clerk and Sherriff’s Office were hand delivered to a
agent at their listed addresses in Ada Oklahoma by Jacob Wayne Brauning as legal Notices on or around
the 13th of May 2019

On or Around the 15th of June 2019 Jacob Wayne Brauning received by mail a Document from Vision
Bank NA inside of mailing package was a response to the Consumer Requests made to the lender on the
15TH of January 2019, the response was prepared by Alvin D Files and was hand wrote answers to
questions Vision Bank NA had received from Jacob Wayne Brauning were Alvin D Files answers only
half of the questions and writes ‘’Private Information not privilege to give’’ on the other half, Jacob
Wayne Brauning then sent a letter of dishonor Certified Mail® Return Receipt on the 17 th of June 2019 to
Vision Bank NA rebutting response due to going well past time frame of refute and notice default letter
sent previously

On Wednesday the 19th of June 2019 at 6:10 PM Jacob Wayne Brauning Leaves home to visit a relative
then returns home about three hours later just past nine when pulling into home driveway at 5262 County
Road 3565 Ada Oklahoma I Notice my gate lock had been cut from gate and a new lock and chain had
been put on with cut lock laying on the ground, also the No Trespassing and legal notice of $10,000 fine
per person for trespassing were removed and missing from gate, I then went back to my vehicle to get my
homes garage door open and went around gate and walked to my home once there I pressed the button for
both garage doors and nothing happened turned to my shop building and pressed the bottom for the
garage doors and nothing opened went to front door of my home and noticed the bronze door handle was
removed and a chrome handle install in its place and there was a paper taped to door that said ‘’writ of
assistance’’ and the bottom of the page Alvin D Files firms stamp and Alvin D Files signature No Judges
signature on frivolous document

Knowing as a bona fide fact that the letter was complete fraud as well as the event that took place in no
more than three hours after I left my home was a unlawful lockout and conversion of private property by
Alvin D Files and co-conspirators, I used my ladder to gain access to the second story balcony and went
into my home from the balcony door the power was off so I acquired a flash light from the side of my bed
with light I find my home completely ran sacked I then went to my I.T. closet on the 2 nd floor and there I
notice my DVR for my 4K NVR 16-Channel NV5216 16CH home security cameras was gone with
wires hanging down that did plug into the back knowing that I did not lock my gun safe before leaving as
I was not gone long and my wife and kids were visiting relatives out of town, arriving to my gun safe on
the first floor it was bare and empty were I kept all my important documents, guns and over ten thousand
in cash had been stolen, then went to my study to find all my mail was taken from incoming and outgoing
bins along with the case documents and all my evidence for case no. CJ-2018-205 and others matters
along with my desktop HP computer and HP Laptop computer all gone then noticing I have not seen my
children’s male German Sheppard named Chase I look around for him and he was nowhere to be found
and never to be seen again

While inspecting the outrages crimes that had transpired at my home I found the originals door knobs
removed by the wrongdoers laying on the kitchen counter I then gather my tool bag and re-installed my
knobs on the doors of my home and also cut chain and lock from gate and install and new lock I had at
my home along with another copy of posted no trespassing sign and notice of $10,000 fine per person for
trespassing beyond gate and fence warning re-posted on my gate facing the entrance exhausted mentally
and under extreme stress I laid down in my bedroom to awaken at 9:00 AM the 20 th of June 2019 went to
the formal dining room and looked out window to the front of my home when I notice a red truck stopped
on road and another white SUV pulling up and parked in road near my drive at that time I called 911 to
report Burglary and breaking and entering at my home and that I fear for my life the female operation said
a deputy would call me right back around twenty minutes later I answered a incoming call to my cell
phone and the person speaking said that his name is ARNOLD SCOTT the undersheriff with the Pontotoc
County Sherriff’s Office, I explained Alvin D Files organized a breaking and entering into my property
and home, entering dwelling against the will of the owner thereof, Arnold Scott stated that there were
deputies outside of my gate and that I needed to speak to them and make a report I replied I need to make
a call and would consider that then hung up the phone and searched for the FBI number in Washington
D.C. and called to number spoke to an agent and explained what was going on at my home and that I
thought the local police may be involved in misconduct for Alvin D Files the FBI agent said they do not
have the ability to responded to an emergency although the call report would be forwarded for review and
that a log and record on call would be kept if I needed to obtain in the future

After ending call a short moment later my phone rang and Arnold Scott gave me a order to set outside
and speak to his deputies as dialing 911 creates that responsibility on the caller to do so and if I do not
Officers will breach the front door of my home and come inside however he stated I just needed to talk to
officer and carry on afterwards with what I was doing, at that point I agreed I would as I did not want my
door damaged and hand wrote a statement of what I knew happened in the last 12 hours at my home
 I stepped out the front door of my home walking towards the driveway once near my shop six to eight
police appeared holding long rifles and ordered me onto ground and handcuffed me I asked for the cause
of action and their authority to be on my property, Pontotoc County Sheriff Deputies, performed the
violent taking of Jacob Wayne Brauning property and personality, assaulting me with deadly force and
threat of escalated violence and incarceration, causing immediate and irreparable harm as I was being
escorted off my property I was met by John Christian the Pontotoc County Sheriff and stated this
operation was illegal and that I have my documents to prove it John Christian told me to ‘’shove that
paperwork up my ass, they do what they want and to have fun in jail’’ as he and the other co-conspirators
laughed uncontrollably

As being placed the next three hours in a police vehicle as the trespassers violated our privacy combing
through my home moments later a tow truck arrived up and loaded up my primary vehicle a 2017
Chevrolet Silverado and hauled my private property away from my home a short time later Michael
Walker entered vehicle and drove to Pontotoc County Justice Center where I was being held against my
will the following day I was taking to the front of the jail to Video court were Judge Pollard stated I was
being charged with breaking and entering Dwelling without permission and resisting arrest, upon stating
the facts I was told to stop that I would be giving the chance to defend my case and gave a court date of
the 29th of August 2019

On or around the 26th of August 2019 I was given by a jailer a letter sent to me from Alvin D Files
stating in the letter that my home at 5262 County Road 3565 had been abandoned and that Vision Bank
NA assumed possession and that most contents had be throw away due to methamphetamine in the my
home which is a compete slanderous lie, I believe Files devious mind was the best reason he could create
to my eliminate my possessions also to further his destroying of evidence to conceal misconduct,
although he had a duty to protect information regarding pending cases, further Alvin D Files letter stated
a list of a only a small amount of property the Brauning family’s, letter expressed if Jacob Wayne
Brauning were to sign the prepared agreement releasing Vision bank NA and parties of any and all
liability, that a person other than Jacob Wayne Brauning could come collect the items listed on page two
of letter never was any documents signed now to the beginning of this conspiracy to deprive rights and
convert private property

Sixty nine days after Kidnapping and serious illegal detention and two days before scheduled court date
on the 29th Jacob Wayne Brauning was taken to the 3rd floor of the Pontotoc County Court House the 27th
of August 2019 were met with a public defender for the first time and simply said I can stay in jail and
move towards a trial or sign a seven year deferred sentence and get out of jail today, as my only way to
escape forced and wrongful imprisonment I signed there paperwork under duress once in front Judge
Steven Kissinger he ordered Jacob Wayne Brauning to never go back to home at 5262 CR 3565 Ada,
Okla. and Do not contact Vision Bank NA or I could be sent to seven years in the penitentiary, I was
released later that day

I later learned through online court records there was a Motion to leave to enter Deficiency Judgment
the 22th of June 2019 that I was not capable to defend myself against further Court date for Case No. CJ-
2018-205 Order Confirming Sale and Deficiency Judgment on the 22th of August 2019 the record of the
court stated the defendant fails to appear while I was in detention and committed for the purpose of
extortion so the conspirators and co-conspirators could gain an unfair advantage into a civil litigation
 The misconduct by Alvin D Files and co-conspirators, in the county by abuse of power by way of
unconstitutional usurpation of due process rights of the defendant or their property. and later even
auctioning off the contends and possessions that filled the Brauning’s 6,001 square foot home and
trashing everything else like family photos his grandmothers ashes all important family records like birth
certificates and social security cards family heirlooms, Including his Plumbing Company that was
operated from home and completely destroyed in this debacle also the threats to my life and of retaliation
caused Jacob Wayne Brauning to flee to Texas after a Negligent Infliction of Emotional Distress was
caused by Alvin D Files and co-conspirators,

This Complaint may be liberally construed as asserting a claim for the taking of his property without
due process in violation of the Oklahoma Constitution SECTION II-7. Due process of law. No person
shall be deprived of life, liberty, or property, without due process of law

Oklahoma Constitution Section 6. The courts of justice of the State shall be open to every person and
speedy and certain remedy afforded for every wrong and for every injury to person, property, or
reputation; and right and justice shall be administered without sale, denial, delay, or prejudice.

Violation of Section 702(a)(2).)  violation of Section 702(a)(1).) 

The PTFA provides that “[i]n the case of any foreclosure on a federally-related
mortgage
loan,” the “successor in interest” in the foreclosed property must give a “bona fide”
tenant a 90-day  notice before requiring him to vacate

Title 42 U.S.C. § 1985, part of the Civil Rights Act of 1871, creates a private civil
remedy
for three prohibited forms of conspiracy to interfere with civil rights under that
section

Violations of the Truth in Lending Act (TILA), the Fair Debt Collection Practices Act
(FDCPA), wrongful foreclosure, wrongful eviction, trespass to try title, and violation
of his due process rights under the Okl. Const. art. I, § 19. (See id. at 2–7.) 

 Violations of civil rights under 42 U.S.C. §§ 1981, 1983, 1985, and 1986, the
Protecting Tenants at Foreclosure Act (PTFA) and the Helping Families Save Their
Case 3:12-cv-04986-G-BH Document 11 Filed 05/22/13 Page 1 of 25 PageID 63

Homes Act (HFSHA), as well as for misrepresentation and fraudulent concealment.

Truth in Lending Act (Consumer Credit Protection Act) ... laws · 112 Criminal
liability for willful and knowing violation ... 125 Right of rescission as to certain
transactions 126 ... 185 Civil liability of lessors ... 806 Harassment or abuse
 JACOB BRAUNING
_________________________________

Jacob Wayne Brauning