DISCOVERY BLOCK IS CRIMINAL

submitted by Brian Davies

THE DISCOVERY BLOCK IS CRIMINAL. IF THE DOCUMENTS WERE FACTUAL AND REAL IT WOULD BE EASY TO PRESENT. THESE ACTIONS SHOULD HAVE THE CALIFORNIA BAR INVESTIGATING THIS FORECLOSURE MILL NDEX WEST AND THE BARRET DAFFIN ATTORNEY GROUP

A LETTER IN REGARDS TO NO PRODUCTIONS.

Masumi Patel
Attorney Barrett, Daffin, Frappier, Treder & Weiss
20955 Pathfinder Road
Diamond Bar, California 91765 May 21, 2010 Faxed to 626-915-0289 DAVIES vs. NDEX WEST LLC —INC 090697 Attorney Patel, I am responding to your letter dated 5-20-2010.
Re:Demanding I stop contacting Deutsche Bank for documents you have refused to supply.
You have systematically have tried to block all forms of discovery that I have propounded.
The loan file was originated by fraud, and is therefore fruit from the poisonous tree.
I am entitled discovery for fraud.
Professional rules of conduct do not refer to Pro Se Attorney.
I am able to contact anyone I want to determine the facts, especially when you continue to abuse you professional rules of ethical consideration, a risky position for you. Ethical considerations:
Improper use of discovery undermines public respect and confidence in the legal system.
It therefore violates the attorney’s fundamental duty to uphold the laws of the state of
California (Business and Professional Code §6068(a)).
RAST 2007-A5, PASS THROUGH SERIES 2007 E, WITH THE POOLING AND SERVICING AGREEMENT DATED 3-1-2007. This was formed under New York Trust Laws. It must follow Internal Revenue Service rules. LOAN FILE:for 43277 Sentiero Drive Indio, California,including all assignments. MIN: 100059600080428639 original loan number: 0008042863.The second lien
information is included.It is required to have all assignments and a complete chain of
title.
It also has many other required documents as outlined in the Pooling and Servicing
Agreement filed with the SEC.This agency has confirmed this to me.
The CUSTODIAN LOAN FILE is required as part of the Pooling and Servicing Agreement from the Original Trust 2007-A5. My loan wasassigned by Onewest Bank employee Suchan Murray as a MERS signatory
agent for UNIVERSAL AMERICAN MORTGAGE COMPANY OF CALIFORNIA on
August 20. 2009.The loan file is under NY Trust Laws and Security and Exchange filing
requirements.The Internal Revenue Service states that this transfer 2.5 years after the trust was closed is not allowed. Additionally: 1)Discovery is due on June 4, 2010 for NDEX, DBNTC Set 2
2)ONEWEST is due on June 14 Set 2
3)MERS is due on June 7, 2010 Set 2
4)Monday June 14, 2010is the date set to examine the
original loan file in the offices of Deutsche Bank National Trust Company in Santa Ana, California. 5)June 21, 2010 is the date for production of docuemnts Set 3
for Onewest, Deutsche Bank and Set 2 documents for MERS,
including their documents of my loan as requested on their
system.
I can only hope that you follow your professional
rules of conduct and supply the required discovery
requests.
If you plan to block my discovery rights then please
let me know early so I may determine my next steps to
acquire discovery.

2 Responses

  1. Greg Abbott, Wednesday, November 10, 2010
    Attorney General
    State of Texas

    Dear Mr. Abbott,

    Thank you for your recent inquiry into unlawful practices regarding foreclosure practices of mortgage servicers and lenders in the state of Texas.

    I am writing to you to make you aware of an important related issue that needs to be addressed by your office, as well.

    Many of the companies that pursue foreclosures in the state of Texas employ the foreclosure attorney firm Barrett Daffin Frappier Turner and Engle (also known as Barrett Burke Wilson Castle and Frappier) located at 15000 Surveyor Blvd., Suite 100 Addison, TX 75001.

    This law firm has been sanctioned multiple times in the state of Texas due to their unlawful debt collection practices relating to foreclosures.

    Texas Finance Code Chapter 392 Section 306 states:

    “§ 392.306. USE OF INDEPENDENT DEBT COLLECTOR. A creditor may not use an independent debt collector if the creditor has actual knowledge that the independent debt collector repeatedly or continuously engages in acts or practices that are prohibited by this chapter.”

    As such, it would be a violation of Texas law for a mortgage servicer or lender to employ the services of this law firm if the mortgage servicer or lender was given actual knowledge of the debt collection violations of this attorney firm.

    On October 17, 2008, I sent certified letters to both First Horizon Home Loans and their sub-servicer, METLIFE Home Loans, making them aware of the Texas Finance Code rule above, as well as providing them with documented examples of debt collection violations of this law firm. I informed them that their continued employment of this attorney firm was a violation of Texas law.

    To date, both First Horizon Home Loans and METLIFE Home Loans continue to employ this law firm, either directly or indirectly through substitute counsel, in knowing violation of the Texas Finance Code.

    I ask that your office investigate this matter for the preservation of justice for Texas homeowners.

    I have attached the relevant documentation as proof of the aforementioned facts.

    Thank You for your assistance to Texas homeowners!

    Angella Soileau
    9195 Gross Street
    Beaumont, TX 77707

  2. Hahahahahahahaha.

    “Professional rules of conduct do not refer to pro se.”

    That was priceless.

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