Thank you for the inspiration

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Editor’s Comment:  

We get many letters thanking us for our efforts to set things straight. And as I embark on escalating those efforts I found this letter especially timely and uplifting. While many of our readers write in with their successes, the distinguishing feature of this thank you letter was despite losses, so far in the courts. I think the next major push should be with administrative agencies regulating the banks where there are procedures for review and the possibility of administrative hearings to consider the quest for truth.

I have followed your blog semi-religiously for several years now.  I started long before I filed a RICO suit against IndyMac/MERS in Federal District Court in Seattle (May 2011).  So for certain my complaint was laced as best I could with the very arguments which you have been espousing and refining over the years.  Of course my Complaint was dismissed (not unexpected since, after all, I am a pro se know-nothing in the eyes of the “justice system”).  I appealed to the Ninth Circuit case No. 11-358626, got evicted in the interim and now await a decision from the Appeals Court.  I am telling you this not as a plea for assistance or pity but as a thank you for your tenacity in trying to set things straight.

Until the bubble burst in 2008, I was a self-employed homebuilder for the previous 35 years. Prior to that, I had obtained a 2 year associates degree in Tampa (1975). Dealing with an unconscionable truth has different impacts on different people. For me (and I am only 3 years or so younger than yourself), the impact prompted me to return to college at the University of Washington at the branch campus in Bothell.  This town is nearby to my former home which I still own but from which I was exiled.  Soon after my exile I became intrigued by a new degree program offered by UWB called “Law, Economics and Public Policy”.  I wondered if it was what it appeared to be and if my college credits from 37 years ago would transfer, well, yes and yes.  I am midway through my second quarter now.  Doing great.  The class sizes are quite small, usually 25 or less, so in-class discussions are encouraged and frequent.   This quarter, the book “The Big Short” was a required reading for one class.  Having already read that book 2 years ago, I’m sure you can imagine what sort of flavor that a fellow of my background and attitude might bring to the table in a room full of clueless kids who could easily pass as my grandchildren.

I know you’ve had some recent health issue which I hope are behind you.  I don’t have the time (or patience, quite frankly) to engage in the blogging which follows your every post, including your most recent one regarding the familiar theme of corrupted titles and Canadian neophytes.  On this Friday evening, I just wanted to wish you well and thank you for your inspiration.  The next generation must not be denied the truth.  I’ll keep talking to the kids (and the professors, some half my age) at UWB.  In a classroom environment, none of them can hide from me.  So yes, thanks once again.  We hear you and by proxy, they hear you too.

Best regards,

Name redacted for privacy





23 Responses

  1. I wrote this letter and I haven’t posted anything since, until today. I wonder why my December 28 comments were apparently censored instead of being published. How interesting…

  2. […] Read more… Posted in Banks, MERS, News Around The Country, States « Why Title Insurance on “Securitized” Properties are Worthless “A day of reckoning may soon be coming.” Yves Smith » You can leave a response, or trackback from your own site. […]

  3. Karguy,

    Sadly enough, it does take an attorney. Most people did the foot work, did a topnotch investigation, gathered all their docs, did a timeline and… don’t spend the same kind of time looking for a competent attorney.

    Tnharry had a great advice for all those who can’t seem to find one: consult law schools. Most of them nowadays have a foreclosure defense department which serves as a training ground for students, under the leadership of a professor. We don’t hesitate to go to medical schools and dental schools for treatment because it is cheaper than a regular clinic and they accept non-insured patients in exchange for some patience and the willingness to sit in the chairs for longer than at a regular clinic. Why hesitate consulting with law schools the same way?

  4. and I am fortunate to have a great attorney by my side now. couldn’t have done this without her! Credit where credit is due. She’s the BOMB!

  5. […] trail, pretender lender, short sales, waiver of subrogation, wire transfer instructions « Thank you for the inspirationPredictions of bank failures from […]

  6. Congrats Las Vegas …. keep dishing it out! Keep us updated!

  7. @used car guy … you forgot embezzlement, wire fraud, mail fraud, slander to title just to name a few more … hehehe …. You give them turkeys all you got! @ Enraged …. you really do have it all figured out! Way to Go Woman …. take a Bite out of Crime!!

  8. I’m with ya, keep up the fight!

  9. Karguy,

    I have the utmost respect for how much you’ve accomplished and I know it is a friggin’ full time job! I am one of the few who decided to get an attorney first and then stop paying.

    However, I knew already what I was after and when I saw the attorney, i had a file 2 feet high. Lost payments by the bank and AG, BBB and others’ intervention until they “found” my payments but refused to reverse all the fees they had stacked on. Then, a letter telling me that i couldn’t get a mod because I was not in default (despite letters after letters telling me I was). The fees kept on piling up but they stopped “losing” my payments. Retry for mod. Again, turned down. Finally I consulted that attorney ans flat out told him: “I can’t pay both an attorney and my mortgage. Understand that, if you decide to take my case, I will stop paying the bank since it is nowhere on my file, the recorder’s doesn’t know it from a hole in the wall and it is my contention that they don’t own the note. Therefore, not only did they get 3 years of payments from me without any right to it but they owe me for smearing my credit report, fees that they have stacked on and 3 years of my life they stole.”

    The way i explained my damages were simple: 3 years times 365 days is 1095 days. Times 24 hours is 26,280 hours. At $30/hour (the bank killed my joy, I couldn’t sleep for months and months, you know: the whole show). At the time, my damages were in the vicinity of $900,000. Today, they’re pretty close to $1.4M. Including my money back, my attorney fees, 5 years of hell and all the statutory damages for every single violation to respa, tila, fdcpa, etc. I want the money. They can keep the damn house.

    Someone said once: “I’d rather ask for a lot and get half of it than ask for nothing and get all of it.” Let me tell you: I heard it, I understood and… I live by it!

    Anyway. thanks for sharing that story. There is an odd (very odd) chance that we may, after all, have a good laugh over it when it’s over… That’s what i count on. Not to have wasted my life. I view this as an investment. And since i invested a lot, i want a good return!

  10. I really am shot! I converted the 7 to a chapter 13 and went from there. sorry. shoulda added that.

  11. claims were RICO (WOCCA), UDCPA, common law fraud, breach of contract, etc. they have evolved over the years because the law firms keep adding to the list with every document they file. The criminal acts are ongoing. Forgery, fraud on the court, false claims. I will advise as to what happens.

  12. Reader’s Digest version:
    I found the blog 4 years ago, litigated the foreclosure pro se by burying the judge in unsupported motions, pissed him off really well, and lost to default summary judgment because he didn’t like the form. That took from February 09 til Dec 2010. I make three payments on a “trial” and they book it as fees and then advertise the Sheriffs sale the day after collecting my payment. Now I’m pissed. I file a motion to re-open and vacate for fraud. Wells comes back with another affidavit from same person, different signature. Now I’m back screamin robo-hobos, judge poo-poo’s me again. I take another modification and they admit all the bogus fees in the accounting. Now I come back (this is June of 2011) with a fraud suit naming the law firms and the lawyers and the two banks as defendants. Because I’m a pro-se GENIUS, I (believed errantly upon motion by defendants) that service of process was bad. Now the case goes back to the same pissed off judge and I try to withdraw. The judge threatens possible sanctions (he TOLD ME not to come back without an attorney) for fees and requests briefs. I went and filed a chapter 7 BK to get away from him, and the bank thought I was walking. About three and a half weeks later (now keep in mind these law firms have filed two more assignments of mortgage in the county record and put an “endorsed in blank note” in the BK claim, different than the one from foreclosure (not endorsed) and also tendered an assignment of mortgage that never-before seen and different than the two that were recorded (makes 3). These pricks have stepped on every land mine I’ve thrown out there! They file serial claims alternating between Wells and HSBC and now, AND NOW, they’re staring down the barrel of an adversarial suit. The home is listed as unsecured (no valid lien) and the fraud suit (which the law firms thought they could avoid in defective process) with all its’ claims comes to the BK court as an asset of the estate. TOUCHE’ and CHECKMATE YOU FARGIN LYIN’ CARPETBAGGIN’ SUNZABITCHES!

    So enraged, I, too, am enraged. I’ve been trying to keep my mouth shut but I just can’t take it anymore. I mean, SHAME ON ME for letting this take front and center in my life for 5+ years, but I worked too hard just to get back to “dead-broke even” to let them get away with it. Enraged? Way past that, my friend. I only hope I can continue to help people who are in fear and turn that fear into anger and educate them AND their attorneys in the intricacies of this war.

    And all you people that GMAC/RES-CAP. or any of their 50+ pseudonyms, in your foreclosure, get the order from the Southern District of New York.

  13. Thank you for sharing that.

  14. “…Practically every property sold has the potential of a lawsuit brought by either the “former” (still legally the owner) homeowner, prior lien holders etc.”
    “We have numerous reports of junior landholders re-establishing their rights and homeowners regaining the title, possession and use of the property.”

    Thank you for that, Neil.

  15. Thank you Neil and all,

    Time has proven your info correct and I really, really appreciate all of it. I keep coming back here because I am hoping we are at the end of all of this crapola and that when I open my email, I will see a VICTORY headline. All I want to do is live my simple life again in peace.

    Thank you everyone for your advice and encouragement, keep up the good fight.

  16. Karguy,

    Fantastic! Go get them! Just for the hell of it, how much actual work has it taken for you to get there? I’m sure you’ve been at it for years… and did you consistently claim “pretender-lender” all along or did you use actual laws and precedents to get there?


    Couldn’t have done it without you, Neil! Thanks to all.

  18. KC,

    “He understands that a loss is not a failure. God Bless him in his Journey!”

    I agree wholeheartedly. If more HO had refused to allow pride and shame to get the best of them and more of them had fought from day one, we would long be on the road to economic recovery. The problem is that too many drew the wrong, me-myself-and-I conclusion: instead of it being about a system intentionally broken by WS’ greed and design, it became a “What-about-me and what will my neighbors think” situation. Lynn Szemoniak had been in her fight for years before being rewarded for her hard work. She didn’t just sit and moan all day long. She used her brains and started thinking: “I have clients with a problem I find myself in too. If I were the only one, that could be me. If hundreds have the same problem, it no longer is me. there is something inherently wrong with what is going on and I’ll get to the bottom of it.” Which she did.

    A loss under the conditions outlined above is not shameful, on the contrary. The person fought long and hard with the weapons he/she knew to be available. The fact that those weapons had been purposely dulled and blunted years ago by the banks unbeknownst to him or her cannot be held against him. We don’t have that excuse any longer since the extent of the fraud has been well documented for 2 years. Anyone losing his house today by simply walking away from the problem without taking any kind of an action deserves what he gets.

    Harsh? Maybe. Whiners after the fact are not helping. If anything, they sidetrack the issues and add to the burden of those who act and look for solutions.

  19. The professors need to listen to him as much as the students.

  20. You have been misled.

    This is civil forfeiture.

    If you would like to join a suit against Onewest, FDIC, and all lthose parties that perpetrated the fraud, send me an email. This has happened in the past (not to homeowners, but another group – the farmers. We must unite and take this further than the little folk fighting for where we live.

    This is a crime against our civil rights.
    We have been misled by the concealment of the true facts, vague wording and the judicial system protecting their pension fund.

    Did you know the American Bar Association securitizes their trust fund? The court system uses JP Morgan Chase to hold and securitize their funds? (all that money paid into the court system by litigants – where are your payments going when the court orders you to make them to the court?????

    I doubt there is one attorney out there that hasn’t been briefed as to “take their money” but don’t win or you will be disbarred. Nor one judge that will do the right thing and make an honest decision rather than try to protect his pension.

    The FHLBB was behind all of this. They passed out money like candy knowing full well the lenders were making risky loans. Hell, they told them to loan, loan, loan to anyone. They needed to keep money flowing to make promissory notes to securitize and turn into 5 year bonds.

    Foreigners would invest in anything kissed by the US government. (little did they know the bonds had herpes). Those bonds haven’t paid out. The government has rolled them into new bonds. They couldn’t keep up the ponzi when the market for loans fell apart. No new suckers.

    In October 2008 with the Economic Stabilization Act (ESA) the government bought all the perferred TOXIC stock–so now who owns the 20 times more stock that was made from your note? Say hello to Uncle Sam, your mortgage lender.

    With the passage of the ESA debt collectors were made “financial agents” of the government.

    But the government can’t foreclose on you because foreclosure is a private right of action, so debt collectors are hired to do it and then transfer the property to the FDIC, FDMAC or FNMAE after the fraudulent foreclosure sale. Fraudulent because the claimed beneficiary doesn’t own squat. They may bring the original note into court – but have you thought to ask, where did you get that? If you converted it into stock certificates and suckered investors out of 20 times the amount of the note, have those suckers been paid back for you to be able to “hold” that note here in court? NO!

    Not one of them has repurchased anything. You have more right to your property than they do. They don’t own squat.

  21. In gratitude to all of you on here.

  22. This Author is a True Hero. He understands that a loss is not a failure. God Bless him in his Journey!

  23. good for you

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