Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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AHRC
An Editorial
THE UNTOUCHABLE HOME FORECLOSURE CASE

Why is it so hard to find a lawyer to fight legal or judicial corruption - why are all the lawyers afraid to help me?

January 15, 2008

By Wendy Clardy (View author info)

Columbus, Ohio - An e-mail was sent to me from the State of Ohio Attorney General's office today, January 15, 2008.


WENDY CLARDY
960 MOUNT VERNON AVE
COLUMBUS, OH 43203-1574

Re: CitiMortgage
Complaint #: 356324

Dear Mr./Ms. Clardy:

I have carefully reviewed the complaint you recently filed with the Attorney General's office. It is the Consumer Protection Section's opinion that the problems you have encountered do not fall within the jurisdiction of our office since activities of this type are not covered by the Consumer Sales Practices Act or other consumer statutes the Attorney General is charged with enforcing. We have also been unable to find another government agency that has jurisdiction over this matter.

You may wish to contact private legal counsel to determine any civil remedies that may be available to you.

I regret that we cannot be of further assistance to you in this matter. Please feel free to contact the Attorney General's Consumer Protection Section, should you have a consumer problem in the future.

Very truly yours,

MARC DANN
Attorney General


Bonnie Comery
Consumer Protection Specialist
Consumer Protection Section
(614) 995-1540
BComery@ag.state.oh.us
(800) 282-0515 Toll Free
(866) 815-2530 (Fax)


Recently, I wrote to the attorney general'a office in a form of a complaint to see if this "FREE LEGAL ASSISTANCE "IN GENERAL" AGAINST FRAUD AND PREDATORY LENDING FOR OHIO HOMEOWNERS FACING FORECLOSES" would provide some hope. Well, My case did not reach resolution, restitution or a band-aid solution. My case was "untouchable."

Now, with all this said, I still was not able to get anyone to help me, and as you have seen in the statements above from the Attorney General protection specialists, their suggestion was to contact private legal counsel to determine any civil remedies that may be available to you. Was the consumer protection specialists being sarcastic?

Dr. Les Sachs wrote a blog titled, "Why is it so hard to find a lawyer to fight legal or judicial corruption, why are all the lawyers afraid to help me?" He states that, "The small group of rich lawyers who make big money, and who run the various Bar and lawyers' associations, have accepted the way that the "game" is currently played by the lawyers who have direct contact with judges. There is a feeling among lawyers that the current structure of bribery and fraud is what maintains the high incomes of some lawyers, and helps lawyers to earn fees as high as $500 per hour. Rich people and companies pay this money because they are afraid of injustice, and they know that the fees are big enough to include the money for bribes to the judges.

Many other lawyers, privately, don't like the system, but individual lawyers will not speak out about particular cases of bribery and fraud, because they know that revenge will likely be quickly taken against them.

Lawyers will line up by the dozen to help other crooked lawyers, and to help judges play bribery games and do personal harm to you. But if you have proof of lawyers or judges involved in crime and wrongdoing, lawyers in general will avoid you as if you have the plague."

This excerpt says it all for me. We need to come up with a boycott for this legal system. I am not finished with my research. I will have a remedy, I am working on it. Jesus, Dr. Martin Luther King, Rosa Parks and the host of other civil right fighters laid down their lives for us. In my opinion, they did not die for nothing. We have to get started, tired or not. The race is not for the swift, but to the one that endures. We must start, and soon. Yes, we need to come together, and march for our rights once again.

While in the process, if those that work in these legal systems are not afraid to lose their life styles for a serious change, they can help us in the boycott, The innocent people that work in this corrupt system have become prisoners to work for such an unjust system; they see what's going on, and they fear for their own lives too, but unless they get tired of what is going on and step forth to hook up with us in this fight, it will "appear" as though they too are just as responsible for what is happening to us.
 
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For more information, please check out the articles listed below:

  • America's Homeowner Association Experts And Pro-Homeowner Writers - AHRC News Services

  • Predatory Mortgage Lending, Void Judgments and Home Foreclosures - Wendy Clardy

  • Please Investigate the Foreclosure Fraud by Judge David Fais, Citimortgage and Steven L. Sacks - Wendy Clardy

  • KLEPTOMANIACS ON THE LOOSE IN AMERICA - Wendy Clardy

  • FREE LEGAL ASSISTANCE "IN GENERAL" AGAINST FRAUD AND PREDATORY LENDING FOR OHIO HOMEOWNERS FACING FORECLOSURES - Wendy Clardy

  • Wendy W. Clardy - Editor - Ohio Homeowners News
    Quote 0 0
    Ohio
    Not all foreclosures are the result of fraud or dirty dealings within the legal system.

    Ms. Clardy's due process issues were not raised until almost 2 years after Citimortgage was granted summary judgment and the house was sold at Sherrif sale. 

    The "appeal" is available online at http://www.supremecourtofohio.gov/rod/newpdf/10/2007/2007-ohio-2940.pdf

    There are always two sides of a story.
    Quote 0 0

       WHAT A JOKE!  We have seen literally HUNDREDS OF CASES here at MS Fraud where the Mtge Servicers LIED & FABRICATED SITUATIONS in order to ILLEGALLY FORECLOSE on properties >> just because a Racketeering Mtge Co got a Summary Judgment against someone doesn't mean it wasn't done ILLEGALLY!!......

       The answer to her question is that Attorneys care about their FEES first - and THEN whether Justice is being served >> you KNOW there is no way you would go "PRO SE" against these vicious Mtge Racketeering Predators unless you had no other choice >> the REAL PROBLEM is that we all grew up during a time in this great country when you DIDN'T have to worry about someone ILLEGALLY &/OR UNETHICALLY trying to STEAL what is yours just to make a DIRTY BUCK...!
    Quote 0 0
    Ohio
    Maybe so....but in this case I see nothing illegal about a bank who forecloses on a security instrument after the debt was discharged in a chap 7 bankruptcy.

    She lived in the property 2 full years before the bank got around to even filing their complaint in foreclosure.

    Should she have kept the property after being freed from paying for it through bankruptcy court? She's lucky the red tape took so long.

    We do no justice by lumping everyone's story together and labeling it MSF. Doing so detracts from the merits/credibility of REAL MSF victims and their cases.
    Quote 0 0
    the REAL PROBLEM is that we all grew up during a time in this great country when you DIDN'T have to worry about someone ILLEGALLY &/OR UNETHICALLY trying to STEAL what is yours just to make a DIRTY BUCK...!

    You said it all here. At the time I got sucked in I was still under the delusion that the laws were protecting me. I got the exact same same letter from the Ohio AG office. My home was also stolen in corrupt COLUMBUS OHIO. I also found it to be "untouchable"
    Quote 0 0
    Ohio
    Not knowing the facts of your case I can not comment....

    however....I know all about Columbus, Ohio. I've lived here about 43 years.  I was victimized by Wells Fargo for years. They wanted my home and I fought back.

    The first attorney I went to took my case. Why? Because I had irrefutable evidence, canceled checks, delivery receipts, conflicting collection letters, envelopes the letters were mailed in to show they imposed impossible 10 day deadlines by mailing out the letter 8 days after the date on the letter. The letter of default with less than a 30 day time period to cure...you name it and I had it and I spread it ALL out on the attorneys desk and insisted he look at it.

    Was he free? NO. Was he cheap? NO. But he was fair and allowed me to make monthly payments.

    Did WF get my home? NO. Will they try to run their scam on me again? I can only hope and pray that they do....the beating they got the first time around won't compare if there is a round 2.

    Has anyone ever toyed with the idea that to fight these mammoth companies requires evidence that goes above and beyond???

    If I were an attorney could I afford to take on an all consuming case that is a long shot at best?? Some of you blame attorneys for needing to make a living...is that really fair?

    If the scales aren't tipped in your favor regarding the PROOF you have then yes finding an attorney will be hard...let alone an affordable attorney.

    Would it make people feel better for attorneys to take on meritless cases, charge you a fee and later tell you the case was weak to begin with?? 

    Ms Clardy had zero legal standing and lost her case as a matter of law. I fail to see how corruption, theft, fraud or a denial of constitutional rights was the reason for foreclosure.

    Making blanket statements about the legal system without willing to discuss the relevant facts of the story you posted does no one here any good.

    Attorneys General can NOT undo judicial decisions/judgments simply because they are the attorney general.

    If you want to demonstrate true dereliction of duty among judges, lawyers and elected officials you will have to come up with a better example then Ms. Clardy's saga.
    Quote 0 0
    Regular MS Fraud participants KNOW that I have championed people's cases and helped where I have been able.  But as I have worked my way through over three hundred Ohio federal foreclosure cases, I have seen onle a HANDFUL where the defendant was either represented by an attorney OR where the defendant appeared AT ALL.

    Admittedly, mortgage servicing fraud is rampant!  There is NO QUESTION about this.

    But it seems to me to be patently UNFAIR to the judiciary to began tossing around allegations of corruption of bribery when MOST defendants are NOT even showing up!  When you child's little league team fails to show up for a game and FORFEITS, is that evidence that the umpires are CORRUPT.

    This is patent ABSURDITY!

    Please do NOT get me wrong.  I have been on the RECEIVING END of pro se bias.  I sometimes find it dismaying that judges fail to see through rather clear evidence of fabrication or false swearing.

    But it seems to me that this is really a paradigm problem.  The PAST paradigm is that the bank is always right and that the debtor is simply trying to evade a lawful debt.  That paradigm is SHIFTING.  Professor Katherine PORTER's study and the recent Countrywide fabrication of letters in support of their post-bankruptcy claims are helping to SHIFT that paradigm.

    The Ohio Federal Court rulings reflect the fact that some judges are now coming around.  They now REALIZE that plaintiffs have been engaged in systematic mispleading and deception.

    I WOULD THINK THAT IT IS A VERY LOUSY TIME TO BEGIN THROWING ROCKS AT JUDGES.  Maybe we should try putting together COMPELLING CASES and getting those cases timely filed and heard! 
    Quote 0 0
    Bishop
    While I agree with Ohio's premise that the relevant facts are key to raising issues of judicial corruption, the facts of several cases relating to judicial corruption are irrefutable as the facts and judicial actions taken are "of the court records."

    The federal statute utilized by U.S. Attorney Patrick Fitzgerald to convict Illinois ex-governor George Ryan is based on the right of the citizen to "honesty in government."

    The statute does not limit itself to application to everyone but the judiciary. They too are required to uphold the constitution. The 14th Amendment to the U.S. Constitution requires "due process of law."

    Due process of law means the fair and just application of the law without reservation as to the parties involved.

    The failure of a judge to allow motions to compel discovery of the documentation that proves a plaintiff's standing in foreclosure is a clear indication of not just bias and prejudice, it is a deprivation of the defendant's rights under the U.C.C. to have proof of the plaintiff's actual authority to have commenced the suit and maintained the suit. When the judge disregards the state statutes which require proof of actual authority to collect on a note without actual authority from the actual note holder to have brought the action, that judge is not just abrogating his or her duty, he is abetting a fraud not only on the court but, on the defendant. '

    This disregard for the law is a clear breach of judicial duties and is clearly dishonest.

    A U.S. District Attorney or a State Attorney General may apply both state and federal statutes to applicable facts of a given case. In other words. state courts are duty bound to not only uphold the statutes and constitutional provisions of their respective state, they must also provide "due process" of law that is made concomitant upon them by the 14th Amendement. That means that the judge has a minesterial duty to apply the law to the indisputable evidence and facts of a given case. Their is no discretion involved when a duty is a minesterial duty. The failure to perform a minesterial duty is not just a "wrong ruling," it is an act that is not just a constitutional tort by a "government" agent. It is a criminal act under 18 U.S.C. 241. That statute makes any conspiracy between two or more people to deprive one of ones rights (to due process of law) a criminal act punishable under law.

    The U.S. Attorney as well as the Attorney General may bring criminal charges against any judge conspiring with another to deprive a citizen of their rights to due process of law.
    Quote 0 0
    Ohio
    There is without a doubt corruption.......

    assuming it is the driving force behind the foreclosure in this particular case is wrong.

    Our mission as MSF victims is to draw distinct borders around the reasons behind foreclosure.

    We will never be a recognized group with legitimate claims that stands apart from the predatory lending, flipping, devastating arm increases and just plain old default driven foreclosures. 

    Ms. Clardy's situation has nothing to do with MSF.
    Quote 0 0
    Kathy wrote:
      
    AHRC
    An Editorial
    THE UNTOUCHABLE HOME FORECLOSURE CASE

    Why is it so hard to find a lawyer to fight legal or judicial corruption - why are all the lawyers afraid to help me?

    January 15, 2008

    By Wendy Clardy (View author info)

    Columbus, Ohio - An e-mail was sent to me from the State of Ohio Attorney General's office today, January 15, 2008.


    WENDY CLARDY
    960 MOUNT VERNON AVE
    COLUMBUS, OH 43203-1574

    Re: CitiMortgage
    Complaint #: 356324

    Dear Mr./Ms. Clardy:

    I have carefully reviewed the complaint you recently filed with the Attorney General's office. It is the Consumer Protection Section's opinion that the problems you have encountered do not fall within the jurisdiction of our office since activities of this type are not covered by the Consumer Sales Practices Act or other consumer statutes the Attorney General is charged with enforcing. We have also been unable to find another government agency that has jurisdiction over this matter.

    You may wish to contact private legal counsel to determine any civil remedies that may be available to you.

    I regret that we cannot be of further assistance to you in this matter. Please feel free to contact the Attorney General's Consumer Protection Section, should you have a consumer problem in the future.

    Very truly yours,

    MARC DANN
    Attorney General


    Bonnie Comery
    Consumer Protection Specialist
    Consumer Protection Section
    (614) 995-1540
    BComery@ag.state.oh.us
    (800) 282-0515 Toll Free
    (866) 815-2530 (Fax)


    Recently, I wrote to the attorney general'a office in a form of a complaint to see if this "FREE LEGAL ASSISTANCE "IN GENERAL" AGAINST FRAUD AND PREDATORY LENDING FOR OHIO HOMEOWNERS FACING FORECLOSES" would provide some hope. Well, My case did not reach resolution, restitution or a band-aid solution. My case was "untouchable."

    Now, with all this said, I still was not able to get anyone to help me, and as you have seen in the statements above from the Attorney General protection specialists, their suggestion was to contact private legal counsel to determine any civil remedies that may be available to you. Was the consumer protection specialists being sarcastic?

    Dr. Les Sachs wrote a blog titled, "Why is it so hard to find a lawyer to fight legal or judicial corruption, why are all the lawyers afraid to help me?" He states that, "The small group of rich lawyers who make big money, and who run the various Bar and lawyers' associations, have accepted the way that the "game" is currently played by the lawyers who have direct contact with judges. There is a feeling among lawyers that the current structure of bribery and fraud is what maintains the high incomes of some lawyers, and helps lawyers to earn fees as high as $500 per hour. Rich people and companies pay this money because they are afraid of injustice, and they know that the fees are big enough to include the money for bribes to the judges.

    Many other lawyers, privately, don't like the system, but individual lawyers will not speak out about particular cases of bribery and fraud, because they know that revenge will likely be quickly taken against them.

    Lawyers will line up by the dozen to help other crooked lawyers, and to help judges play bribery games and do personal harm to you. But if you have proof of lawyers or judges involved in crime and wrongdoing, lawyers in general will avoid you as if you have the plague."

    This excerpt says it all for me. We need to come up with a boycott for this legal system. I am not finished with my research. I will have a remedy, I am working on it. Jesus, Dr. Martin Luther King, Rosa Parks and the host of other civil right fighters laid down their lives for us. In my opinion, they did not die for nothing. We have to get started, tired or not. The race is not for the swift, but to the one that endures. We must start, and soon. Yes, we need to come together, and march for our rights once again.

    While in the process, if those that work in these legal systems are not afraid to lose their life styles for a serious change, they can help us in the boycott, The innocent people that work in this corrupt system have become prisoners to work for such an unjust system; they see what's going on, and they fear for their own lives too, but unless they get tired of what is going on and step forth to hook up with us in this fight, it will "appear" as though they too are just as responsible for what is happening to us.
     
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