Livinglies's Weblog

The movement is growing and approaching critical mass. It won’t be long now before everyone — including politicians are singing a different song. The fact is most of these foreclosures are wrong — legally, morally, ethically, politically and economically. Kudos to this fine lawyer who is showing some gumption and outrage — something lacking in the foreclosure mess. I don’t know Barbara but I can see from this letter that she is a fighter, and that she is disgusted with the “oversight” by government.

My opinion is that the administration has it all wrong. I like Obama and voted for him. But his economic team is looking at the crisis through the lens of a rational presumption. That is their mistake. This situation defies rational analysis. Wall Street has brought us an irrational, chaotic world where what is up is down and what is left is right. Everything is wrong.

My proposal two years ago was to recognize the 7,000 banks that didn’t play in this dangerous game of siphoning off middle class wealth — and to have them pick up the slack as we dismantled the large conglomerate financial service companies that were all smoke and mirrors. Now Sheila Baer is doing indirectly what the administration should have done directly — borrowing from those 7,000 banks to capitalize the FDIC in order to take over another couple of hundred banks. If community banks and credit unions are good enough to bailout the FDIC why are they are not good enough to take on the heavy lifting for the economy as a whole. Before congress and the states changed the rules, they did just that. As soon as we deregulated and let “market forces” perform the work of regulators we had the savings and loan crisis followed by one huge crisis after another. It wasn’t a free market. It was monopolistic concentration, centralization, weakening of loan underwriting, and decrease of healthy competition amongst financial service providers with government help. Instead of regulating, the government was rewarding bad behavior for the last 30 years.

The differences between Enron, Worldcom, Citi, Countrywide et al are indisintguishable. None of it was real. The profits reported are illusory — vapor subject to liabilities that are not reported. Those liabilities to borrowers, investors, and governments to whom they owe taxes, are so large that they would wipe out the apparent losses to the homeowners, the U.S. economy, the U.S. Treasury and Federal Reserve. There was no need to save those banks except to reward them with political favors. Now we have a group of too-big-to fail banks that will do it again because they know that the U.S. taxpayer will bail them out when they go too far —again.

OPEN LETTER TO PRESIDENT OBAMA:

re: Disregarding Blatant Proof of Wells Fargo’s Egregious Deceptive Practices Could Result In A Worse-Than-Madoff Situation

Mr. President:

PLEASE launch probes into self-evident false IRS form 1099-A’s connected with foreclosures.

A mere look at Wells Fargo’s false 1099-A’s will expose various White Collar real estate & foreclosure fraud (carried out for years)–likely, another S&L mess! Further, the most recent controversy about former Wells Fargo (WF) senior vice president, Cheronda Guyton’s use of the Malibu CA home which the owners lost as a result of Bernie Madoff, is actually an unwitting exposition of deceits associated with foreclosure and repossessions. Moreover, Wells Fargo’s internal investigation into that Malibu matter has glaring appearances of coverup –particularly because WF implausibly announced Ms. Guyton acted solely when it fired only her.

The point I want to make is that non-legal foreclosures filed DELIBERATELY in courtrooms are for reasons such as: filing false Internal Revenue form 1099-A’s for tax advantages; repeated property flipping (which leads to blighted neighborhoods); and Bankruptcy Court false motions to “Lift Stay” for purposes of achieving SIMULATED AUCTIONS. As such, loan modification is not in the interest of these sort of lenders. Ongoing news reports of court judges who dismiss foreclosure cases because of no proof of owning notes is not always a coincidence, or mistake.

Deliberately false foreclosures often name defunct mortgage companies or companies which no longer hold the notes, and contain illegally affixed fees in excess of “Acceleration Clauses,” which makes it even harder for people to re-pay arrears. If property owners sue for “Unfair Debt Collection Practices,” attorneys make more even $$$ through protracted litigations –which Wall Street Investors often incur the tab. In some instances, through use of a false mortgage holder’s name, the debt collection lawyer actually is the disguised foreclosing plaintiff who wounds up with ownership of foreclosed property and flips it!

The reality is that SCORES of foreclosure cases -including some of Wells Fargo’s have been thrown out of court when lenders (via collection lawyers) file foreclosure or Bankruptcy court proceedings without proof of being the proper party in interest. Accordingly, as it pertains to the minuscule information supplied by WF after embarrassment by its former vice president squatting and partying in the Malibu home; and in light of irrefutable foreclosure frauds, here are some blatant questions about foreclosures, as well as that home squatting incident for which Wells Fargo dismissed our intelligent ability to contemplate:

1. Undeniably, the Elin property had not yet been put on the market for public sale. How or why then, did ––according Ms. Guyton’s public statement– Collin Equities wind up owning that Malibu home after the Elins signed it property over to Wells Fargo?

2. Could it be that (in like manner as Wells Fargo does here in Louisiana) Collin Equities was the straw buyer for the Elins property, or did some sort of “simulated sale” occur whereby the property deed became (unlawfully) CONVEYED to Collin?

3. Considering Guyton’s brass to use that Malibu home, and her reference to Collin Equities, could there have been kickbacks / quid pro quo activity between them or any other firm of which Guyton oversaw property ownership transfers?

4. Since Ms. Guyton was “responsible for commercial foreclosed properties,” wouldn’t it be the role of the person who is in charge of Residential foreclosed properties to permit Guyton to have access to the Elin property? On the other hand, if the property is under Collin Equities ownership, did Collin permit Guyton’s personal use of that home?

5. If Guyton had no authority over residences such as the Elin home, but Guyton’s authority was commercial property, does that not demonstrate that Wells Fargo’s investigation was not truthful; and that persons in the residential properties department were actually tangled with Guyton’s actions?

6. What percentage of reasonable thinking people can honestly believe that WF employees do not make personal use of other repossessed properties as long as no exposure and public outrage occurs?

7. How many people are unlawfully homeless, unlawfully evicted due to null foreclosure filings, or due to Bankruptcy Court “Lift Stay” motions that have been filed in the name of a lender which does not own the note, or a defunct lender?

8. If courtroom judges simply give collection attorneys carte blanche approval to seize and sell [defaulted] property without judges bothering to determine whether the named mortgage company has lawful right to the property, how probable is it for an unscrupulous lawyer to use any company’s name to seize someone’s home?

9. How many lawyers (via straw buyers) wind up with those distressed properties until they flip them!?

10. When mortgage companies receive form 1099-A tax advantages from the Internal Revenue; and when mortgage companies continually flip property while at the same time gain negotiable security for the same property, what incentive is there for such lenders to bother about blighted neighborhoods?

11. Lastly, aside from the gust of foreclosures that were dismissed from courts, what untold numbers of people who lack legal knowledge or lack means to pay for legal representation have lost or will loose their homes unlawfully?

The seriousness of the above information is more than ample reasons why I respectfully ask you, Mr. President, to compel Congress to conduct a massive investigation of Wells Fargo (which will shed much light on many aspects of lender frauds), and refrain from blindly accepting Wells Fargo’s own spin of the truth. Please feel free to make use of the facts, court pleadings, transcripts, and other prima facie evidence posted on my website. Moreover, there is more available evidence I have not made public of which, I will be pleased to provide when my safety is certain. Here are 2 links from my website:

http://www.lawgrace.org/2008/08/08/my-august-8-2008-statement-to-the-louisiana-secretary-of-state-office-of-financial-institutions-concerning-wells-fargo-irs-and-mortgage-frauds-sham-foreclosures-and-judicial-collusion-and-national-app/

http://www.lawgrace.org/2008/09/14/lehman-brothers%E2%80%99-mortgage-troubles-nationally-evidence-of-foreclosure-fraud-deception-and-conspiracy-with-wells-fargo-deceptive-judicial-filings/

Barbara Ann Jackson
Law & Grace, Inc

Filed under: bubble, CDO, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage | Tagged: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, mortgage meltdown, rescission, RESPA, RICO, securitization |