Barry Fagan Launches Administrative Counter Attack

Posted on October 11, 2012 by Neil Garfield

Editor’s Comment: Barry Fagan is pulling out the stops and challenging the CA AG to do her job. I am surprised that those who specialize in administrative law have not used the presumed findings of several Federal and State agencies as to a pattern of conduct that is fraudulent and which requires forgery to proffer in court and perjury to testify as to the foundation that would authenticate the invalid documents. Such administrative findings usually carry a presumption of validity.

Here Barry takes it one step further. He is using one specific case and the documents pertaining to only that case to raise the issues that clearly accuse Wells Fargo of criminal misconduct. Such conduct is the custom and practice of the entire foreclosure industry. Notice that I didn’t say the “mortgage industry,” because the foreclosure industry is predicated on getting a deed on foreclosure based upon a false credit bid from a party who neither funded nor purchased the loan.

CALIFORNIA ATTORNEY GENERAL COMPLAINT

 

CALIFORNIA SENATE BILL NO. 1474 RE: CONVENING GRAND JURY FOR MORTGAGE FRAUD
Barry S Fagan
Malibu, California 90265
Complaint Against:
Wells Fargo Bank, N.A.
420 Montgomery Street
San Francisco, California 94104
COMPLAINT
As an Officer of the Court, I am under a continuing obligation to inform both the Court and Law Enforcement of Fraud and Perjury. As a result, I have retained Dr. Laurie Hoeltzel a forensic document examiner with over 20 years of forensic document analysis experience to confirm that three different versions of the same deed of trust exists for my primary residence and on May 11, 2012.
I recorded all three versions of the same deed of trust with the Los Angeles Registrar Recorders Office under instrument no. 2012-0711277.
DOCUMENT FRAUD
Wells Fargo Bank has fraudulently altered Barry Fagan’s Deed of Trust and the attached expert opinion dated 1/12/2012 from Forensic Document Examiner Dr. Laurie Hoeltzel specifically explains that the handwritten page 4 has been altered on two separate versions of that original Deed of Trust. Dr. Laurie Hoeltzel makes the following findings of fact with respect to the LA Registrar Recorder’s ‘original office record’.
“Based upon my initial preliminary analysis of the above items, it appears more than one person authored the number 4 on all three documents, which purports to be the same document.” The recorded Notice of Pendency of Action shows three different versions of that same July 9, 2007 Deed of Trust as originally recorded under instrument no. 2007-1622100 and I have submitted credible evidence from a forensic document examiner with over 20 years of experience that multiple fraudulent alterations have occurred on the “Handwritten Number page 4” which is located on page 3/4 of the Deed of Trust.
All of the Deeds of Trust now reflect an entirely different handwritten NUMBER 4, and one of the exhibits also has a snake like line drawn on it, which is not present on the other two exhibits.
ACCOUNTING
C.P.A. Shawn P. Adamo stated: “It is my professional opinion that the altered deed of trust is concealing an irrevocable assignment, and explains why Wells Fargo is unable to produce loan level accounting concerning Mr. Fagan’s loan. Wells Fargo claims that any level of detail relating to Mr. Fagan’s mortgage is non- existent. As a result, CPA Shawn Adamo provided two expert opinions, one an affidavit signed under penalty of perjury dated January 24, 2012 and the other is a Feb. 6, 2012 complaint letter addressed to various regulatory agencies. In those two expert opinions, C.P.A Shawn Adamo explains that Wells Fargo Bank has failed to provide a loan level balance sheet accounting and is concealing the fact that they do not own Barry Fagan’s loan.
ROBO-SIGNING
Additionally, forensic document Expert Dr. Laurie Hoeltzel has declared under penalty of perjury on January 2, 2012 that Wells Fargo Bank is robo-signing Discovery Responses by using multiple authors of the name Rhonda Bernard Thomas.
CONCLUSION
Insofar as Wells Fargo Bank, NA is a loan servicer, it cannot enforce the note in its own right in that according to the information in the documents and the information available through discovery and expert opinions, the loan is owned by an undisclosed investor with which Wells Fargo has concealed and not established its relationship to.
Wells Fargo as the alleged servicer must, in addition to establishing the rights of the true holder, identify itself as an authorized agent for the INVESTOR.
If Wells Fargo Bank is compelled by law enforcement to comply with either of the obligations described above it will subject them (Wells Fargo) to a finding of perjury!
Wells Fargo is a criminal enterprise that is attempting to exercise rights over my primary residence by way of fraudulently altered documents, robo-signed discovery responses, no loan level accounting and Barry Fagan’s loan file needs to be investigated at the highest level within your organization to see that a crime has actually occurred!
The law offices of Kutak Rock LLP located in Irvine, California needs to have Barry Fagan’s Note and Deed of Trust subpoenaed so that the GRAND JURY can inspect those documents to see that they have indeed been fraudulently altered and photo-shopped.
/s/Barry Fagan
Barry Fagan Esq.
CALIFORNIA SENATE BILL No. 1474
Approved by Governor September 25, 2012
SB 1474, Hancock. Grand jury proceedings: Attorney General: powers and duties.
Existing law authorizes the Attorney General to convene the grand jury to investigate and consider certain criminal matters. The Attorney General is authorized to take full charge
of the presentation of the matters to the grand jury, issue subpoenas, prepare indictments, and do all other things incident thereto to the same extent as the district attorney may do.

Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: , , , , , , | 54 Comments »

Fla. Supremes Order Bar to Prosecute UPL Against Banks

Posted on June 14, 2010 by Neil Garfield

Administrative Law is one of those areas that interest only academics like me. It isn’t sexy but it carries BIG teeth. Sometimes it is easier to crack the shell of the titans by an unexpected move where you win hands down and there isn’t much work to do. It’s kind of like taking down AL Capone for income tax evasion. They didn’t get him on the other crimes but he went to jail and died there.

When I was active in the practice of law, I defended many different types of individuals who were licensed by a regulatory board, including lawyers, accountants, doctors, engineers, real estate brokers etc. My eyes were opened at the tremendous amount of power these agencies wield and the devastating effect they have on licensees. It also opened my eyes to the fact that consumers had access to government help that was really there but most consumers didn’t know it.

The latest move in Florida is a simple recognition that practicing law without a license is illegal. In many states beyond fines and an injunction, it is an actual felony punishable by imprisonment. And in most states there is a PRIVATE right of action against those who practice law without a license. It is called Unauthorized Practice of Law (UPL).

Before your eyes cloud over with yet another theory, this isn’t a theory. It is a fact. And besides giving you a right of action for damages, it calls into question whether any of the documents were legally prepared and if yet another misrepresentation caused you to execute them, believing that an attorney had been involved.

What this does is fill out your argument that the entire transaction was illusory and nothing was what it seemed to be. That is what TILA, RESPA and other consumer protection laws are all about. Yes you signed the documents but that doesn’t mean the documents were properly prepared, nor does it mean that a security interest in your property was ever or could ever be perfected. Yes an obligation was created, but that doesn’t mean you owe the pretender lender. If you shop at Target, the neighborhood supermarket cannot collect the money for your purchase at Target.

But I think most importantly, as the old readers of this blog have seen before, decisions like this and the FTC settlement with BOA for $108 million bring us to a point where government is getting hip to the deficiencies at all levels of the lending process and the documentation. That means that now is the time to file appropriate grievances against anyone who carries a license or charter on loan practices that do not conform with industry standards and in particular, the rules governing the profession for which they were licensed.

Who’s licensed? Just about everyone. Mortgage brokers, real estate brokers, title agents, closing agents, trustees, lenders, originators, etc. An originator like Quicken that specifically and repeatedly told its prospective customers that it was the lender when in fact they were only brokering the money as a mortgage broker or originator has a problem. It just engaged in false and deceptive business and loan practices, but more importantly it created a “table funded” loan, which is a fancy way of not telling you the identity of your creditor and how much money everyone is making on this loan.

The best part is that if you file the grievance early enough, you won’t have to go to court because the enforcement mechanism of the agency will do the investigation, the prosecution, and the discovery for you. And if you do prosecute for damages, in most cases you will prove a claim under TILA you will get attorneys fees paid by the pretender lender or other parties against whom you have filed your grievance.




Filed under: CASES, CORRUPTION, evidence, expert witness, foreclosure, foreclosure mill, Forensic Analysis Workshop, GTC | Honor, HERS, MODIFICATION, Mortgage, Motion Practice and Discovery, securities fraud, Securitization Survey, Servicer, STATUTES, trustee, workshop | Tagged: , , , , , , , , , , , , , , , | 10 Comments »

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