We have a 13-year-old case where our property was taken through the courts in Washington County on 08/25/23. It's a case wherein we put together a package showing explicitly a faux trusteeship acting as the original trustee creating 40 years of what we believe is criminality. We believe the David Baylard law firm in Union is the glue holding things together. We'd like the Washington County Circuit Court, Eastern District Court of Appeals, Washington County Sheriff's Office, attorneys and of course the "trustees" of Woodland Lakes, Woodland Lakes Trusteeship, Inc. and Legal Shield held responsible. Our property was invested in. It is located directly by the pool and clubhouse. We are the classic story of everything went wrong while we did not do anything to justify depriving us of our property simply because they wanted it due to location. (A current "trustee," John Kimack, called us anonymously in 2018 to inform us WLTI wants our property to make a park and a Federal Judge ordered the call traced). The problem is, we were forced to defend our ourselves pro se. Do you guys work on a contingency, pro bono? I am senior, retired, veteran. We really hope you can help us. Part of the problem was our defense attorney named Gary Matheny in Farmington turned out to be a traitor and impulsively withdrew on 04/20/15, when we called him out in assisting WLTI. He left us with no defense and the Washington County Circuit, via Judge Wendy Wexler Horn denied our multiple motions to enter a first-amended response to reassert counterclaims and his to add affirmative defenses, neither of which Mr. Matheny filed for us.
The trial court refused our motions for leave to amend. On 7/20/15 she abruptly ended a motion hearing in anger and then after we left she denied all of our pending motions, after demanding we appear from Florida. One was an unripe motion to dismiss. Judge Horn refused to hear our ripe and noticed motion for injunctive relief on 7/20/15 and denied it after we were removed from her courtroom. She allegedly granted our motion to secure a new defense attorney in May of 2015, yet granted Plaintiff's Motion for summary judgment in September 2015. We appealed and filed after-trial proceedings. We lost the appeal after Appellate Clerk Laura Roy kept our sole Exhibit in her desk, which she admitted months later, it had been in her desk since she had retrieved it from the mail stream. She had initially tried mailing it back to us because she did not think it should be entered in the appeal. We had the Washington County Circuit Clerk contact her to notify her Exhibit 1 is a valid exhibit. When the appeal ended, we called to retrieve Exhibit 1 and was told our appeal contained no exhibits. We contacted Laura Roy and left an upset voicemail. Ms. Roy returned our call and left a voicemail confession that the exhibit had been in her desk since it was retrieved from the mail stream (approximately Sept. to May) and she would mail it back to us. The appellate court defended her and shot us down when we objected. Her boss suggested we sue to get resolution, which we did and kept the Federal case going almost a year. Judge John Ross tossed our case as a sanction, because we could not quickly appear for a hearing and he refused to permit a telephonic appearance, or a continuance due to a grandmother's death.
After the mandate issued, the Supreme Court of Missouri assigned Judge Frawley to hear "after-trial" proceedings and the execution proceedings. Judge Frawley found we were not heard and Judge Horn was without jurisdiction to deny our motion for leave to file a first-amended petition on 04/20/15, which she actually denied on the same day it was filed, despite the 5-day hearing notice requirement. Therefore, Judge Frawley ruled our first-amended response and counterclaims remain pending. Judge Frawley then suggested Plaintiff's counsel file a petition for writ of prohibition against him in the
appellate court, which they did and we again lost. The Eastern District Court of Appeals entered a writ prohibiting Judge Frawley from doing anything except executing the judgment, which deprived us of after-trial proceedings and the ability to file a 74.06(d) motion for relief or to set aside judgment for fraud upon the court, which is: On 10/28/11 we were not permitted to enter the development of Woodland Lakes until we had paid a debt we were disputing, which was the previous-owners' alleged assessments pertaining to lots we had purchased for back taxes, which was approximately $2,000. The alleged liens were not recorded on the property, making our title search purchase frivolous.
On 10/29/11 the Woodland Lakes office workers refused our cash payment for the disputed debt and forced us to drive to St. Louis to pay JC Morgan before we could be allowed back to our lot where we were vacationing/ working at the time. We were in the process of selling our business (Building Sales) in Sullivan at the time, had moved from our home in Steelville and were in the process of moving to Texas, where our primary residence was. Any alleged assessments were paid in full on 10/28/11 and paid through 09/30/12. We had five "multi-purpose" lots at that time. On 11/11/11 we were given an unsigned notice from "Woodland Lakes Trusteeship, Inc. informing us to remove all our belongings from the development, because our vehicular ingress/egress would be denied after 4:00 p.m on 11/12/11.
On 11/12/11 we appeared in the Woodland Lakes office with several witnesses to learn the reason for our ban from the development. The office manager, Deborah Clutter refused to give us an answer and refused to summon a trustee to speak with us. Instead, she had the Washington County Sheriff's Department summoned to have us arrested for trespassing, which Deputy Barton appeared to want to do until he read the 11/11/11 ban notice. Instead, he threatened if we were ever found in the development after 4:00 pm on 11/12/11, we would be arrested for trespassing. Therefore, we should owe no assessments after that time, because we were prohibited from the amenities the assessments offer and have not been back since 11/12/11.
In Houston, Texas, we filed a federal suit against "Woodland Lakes Trusteeship, inc and the Texas owner of Woodland Lakes, which is National Development Company, Inc. Our diversity jurisdiction lost, because NDC dissolved and WLTI pled no Texas contacts. The Federal Court told us to refile our suit in St. Louis. Before we had the chance, in 2012 WLTI quickly sued us in Steelville, Missouri (Crawford) for malicious prosecution and defamation. We hired Mr. Matheny, through Legal Shield, on a limited basis to transfer the case anywhere in Missouri, except Washington County and he specifically requested Washington County, which we learned after he withdrew. He had lied to us saying Washington County was selected by the Court and he'd had no choice. He added, we could change the judge if we didn't like the judge. Judge Horn never entered an appearance and we did not know she would preside. The Notice of Entry for our bench trial stated it would be heard by Judge Pratte. We would have changed judges had we known Judge Horn was snuck into the case, because a simple internet
search revealed concerns to us about Judge Horn as a judge. Last fall, "debt collector" R. Brooks Kenagy filed an execution writ and notice of sale without serving us with a notice of either, which we convinced him to withdraw due to unconstitutionality. We filed a petition for writ of prohibition with Missouri's Supreme Court hoping to prohibit the prohibition writ against Judge Roy Richter, because it undermines the Supreme Court's assignment of Judge Frawley and it was denied.
In depositions before Mr. Matheny abandoned us, he secured the testimony of three of WLTI's agents, who testified we were served the 11/11/11 ban notice for failing to pay assessments, which is a blatant lie. One of the agents was Office Manager Deborah Clutter. During the summary judgment process, we evidenced our assessments were paid through 09/30/12. Deborah Clutter then submitted a perjured affidavit claiming the 11/11/11 ban notice had actually noticed us of a 140-day overstay violation on a "Multi-Purpose" lot. Judge Horn disregarded the actual 11/11/11 ban notice and our numerous denials. So did the Eastern District Court of Appeals.
We now have evidence Woodland Lakes Trusteeship, Inc. is not lawfully authorized to act as the "Trusteeship of Woodland Lakes," because there was never a merger, or consolidation. In May of this year we discovered a Washington County Circuit Court Order in a case involving WLTI where Judge Hyde found in December of 2022, under Woodland Lakes subdivision Covenants, a 180-day time restriction applies to "Camping" lots. We checked the latest version of the Covenants and they were amended in 2018 to add a 180-day time restriction to only camping lots. We also received a response letter from Department of Natural Resources stating nothing is intended to keep a property owner from accessing their lots and the "140 day" phrase in the 2011 Covenants was there to define a permanent resident, or words to that effect.
We quickly served Mr. Kenagy a certified cease notice outlining the prejudice against us by having "Multi-purpose" lots erroneously restricted to a "Camping" lot restriction. Mr. Kenagy was notified of our intent to file a petition for remedial read in the Supreme Court of Missouri. We also requested proof of WLTI's merger, or consolidation. Mr. Kenagy responded within a few days indicating he had reviewed our evidence, stating most of our issues occurred before he was in the picture. He said he was forwarding our information and would get back with us. Prior to getting back with us, on 7/11, Mr. Kenagy filed another execution and again failed to have us served with the execution. On 07/14/23 a notice of Sheriff's sale was scheduled for 07/25/23. We were served with the Sheriff's sale, though they would not allow us to access our property to retrieve any exempted items.
In approximately one month, we filed three petitions for writ of mandamus in the Missouri Supreme Court trying to remand the case and all three were denied by the Clerk of the Court. One was denied after it was sustained as being withdrawn. The first one was docketed as writ of prohibition, so we withdrew it and filed another to state, "Petition for Writ of Mandamus" instead of "Original Petition For Remedial Writ." When the second was denied, we realized a corporation could not be a respondent, so filed again naming Judge Frawley as Respondent, which we believe was denied because a Rule 74.06(d)motion was not filed in the case and is available for relief.
On 08/24/23, Judge Frawley denied our motion to stay or quash and our petition setting forth grounds for why defendants resist plaintiff's demand. In response to the aforesaid last filing, Mr. Kenagy filed a response stating the only way to relieve a defendant from a judgment is by a Rule 74.06 (d) motion, which we filed on 08/22/25, had not noticed up yet for hearing and a summons issued for Plaintiff on 07/23/23. We believe Judge Frawley unconstitutionally denied our independent action for relief from a judgment, which is filled with the evidence to back up everything we state here. Today we filed another 74.06(d) motion in a completely different format than the previous one. They sold our land today.
In a letter we received from Mr. Kenagy dated 7/10/23 (delivered to our Missouri address on or about 7/17) he admitted WLTI has no legal assignment and/or authority to act as "Trusteeship" under the Covenants, because he alleged WLTI received its authority via a 1986 Federal lawsuit it was not a party to and had not yet been formed when the developer, NDC, sued "Trusteeship of Woodland Lakes," Mr. Meyer, Mr. Clutter and Mr. King for taking over the "Trusteeship" and using abusive tactics against property owners in April of 1986. This is a time study case, of which we have a complete certified copy. Judge Nangle found the Trusteeship (made up of King, Clutter and Meyer since they assumed it from Original Trustee R.L. Erkenbeck) Had won a pirate victory in taking the trusteeship from Mr. Erkenbeck, because they faced eminent bankruptcy due to losing National Development Company, Inc. funds.
On 07/17/86, the aforesaid fellows (one is married to Deborah Clutter) formed Woodland Lakes Trusteeship, Inc., who has sued property owners (some acting trustees) alleging the property owners voted in new members, which makes it obvious things are amok at Woodland Lakes.
Mr. Kenagy refuses to provide us with a copy of Woodland Lakes Trusteeship, Inc. and Trusteeship of Woodland Lakes" merger, or consolidation certificate in order to authorize taking our land. The American Bar Association says merging entities acquire obligations of the phased-out entity and all property of the phased-out entity passes on to the surviving entity. NDC sold WLTI its office around 2005. If there was a merger, the office would've passed through to WLTI automatically. Also around 2005, Attorney David Baylard created a Quit Claim Deed where WLTI is both Grantor and Grantee and the deed purports to take the common grounds from the property owners, omitting his last name from the deed. A Summary Judgment kept us from our day in court. Today, they all piled on to steal our land.
Picture, twice in two weeks: we work hard making improvements to our property and come to our cabin on Veterans' Day to be cast away from property and personal affects lost on 11/11/11. They held us hostage for another's debt, then booted us anyway. The assessment debt in the judgment they foreclosed with today, has never been attempted to be collected.
Ironically, on 08/25/23 (the day our land was erroneously sold we received our first assessment bill from Woodland Lakes Trusteeship, Inc. in many, many years.