1. Bank A alleges it is the new owner/holder of the Note and Deed of Trust; claim a default occurred, and initiates foreclosure. Lawyer stops foreclosure, gets disbarred and runs off with the $21,000.00 balance of homeowner’s retainer.
2. Two years later, Bank A alleged it sold loan to Bank B. After accepting 3 timely payments, Bank B claims a default and initiates foreclosure. New lawyer hired - foreclosure stopped. (Lawyer: “Bank B filed foreclosure monthly.”) (Monthly payment only ranged between 2%-14% of monthly income!)
3. Parties become embroiled in litigation. Bank A and B obtain legal victories based on sham pleadings, no evidence, and fraud upon all court(s). (Bank A soon releases lien on judge’s home. Records show Bank A did not own judge’s home.)
4. Appeals all the way to the U.S. Supreme Court are affirmed or denied. Bank’s statute of limitations to foreclose expires.
5. Big Law firm reopens case against Bank B. Bank demands home +$202K in fees. Trial begins (Bank’s legal fees >$1.5m)
6. Overwhelmed by evidence, expert witness testimony and verified audit, Bank B confesses: they do not own the home; no default ever occurred, account was actually overpaid, and lastly admitted trying “to ‘steal’ Mr. X’s home and equity”.
7. Judge immediately shuts down the trial, later recused herself; homeowner’s attorney withdraws, and the court refused all requests for what lawyers called “the golden transcript”. Homeowner now without resources to continue defending the attacks.
8. Once the judge, lawyer, trial transcript, and witnesses were out of the way, Bank B and its attorneys hired 20 people, including four sheriffs, to raid the home at gunpoint and took possession of the property, personal belongings, and steal birth certificate and social security card*.→ (mirrors another case where Bank B stole mortgage-related docs)
9. Illegal raid conducted on attorney’s orders, [without] a hearing, and [without] a Court Order as strictly mandated by law.
10. Three years post trial, homeowner obtains last 30 pages of transcript. All Bank B admissions had been removed.
11. Ex parte 51.903 action filed (forged document). Judge summons DA to courtroom. Judge removed - case closed.
12. Three-years later, homeowner discovers the above-referenced 51.903 case went forward without him.
13. Two years after raid, homeowner sues for wrongful eviction against four defendants. Homeless, jobless and penniless after exhausting more than $600,000.00 worth of legal expenses and court fees, Affidavit of Inability to Pay Costs is filed.
14. Defendants hire senior attorneys from three law firms to defend the action with no evidence, no defense, and vigorously contest affidavit. Court berates homeowner and sustains contest. Homeowner borrows money, pays court fees.
15. Court ignores petition and all of homeowner’s motions, amendments, evidence, and request for Declaratory Judgment.
16. Facing felonies and possible disbarment, etc., defendants pled they “do not have to prove eviction was lawful”.
17. Court does grant defendants’ SJ hearing only 3 days after sheriff served. Sheriff’s attorney testifies over objection (sheriff in courtroom), that his client was in another State and not at that location during the eviction. Homeowner responds by producing a color photograph (previously filed of record) of the sheriff standing in front of the home during the raid.
18. Judge becomes inflamed, grants SJ, dismisses the case, sanctions the homeowner $7,500.00, and bars homeowner from filing any more papers with the court. Court ignores request for finding of facts and conclusions of law. (In 2011, homeowner finds the $7,500 judgment was placed against the personal home of the attorney who ordered the raid.)
19. Homeowner files NOA with affidavit and exhibits proving he is indigent and receiving food stamps. Appellees contest by letter – court refuses to honor affidavit. (Assigned COA justice was the “judge” involved in the cover-up 3-years earlier.)
20. COA denies right to appeal; dismisses case 12 days before NOA was due, and overrules Motion for Reconsideration.
21. Writ of Mandamus to the Supreme Ct. requesting party be allowed to proceed at no cost and Motion for Reconsideration En Banc flatly denied. Return of briefs and exhibits also denied. (Lawyers believe case never got past Sup. Ct. clerk.)
22. Bank B’s alleged loan documents show 5 loan amounts, 4 loan numbers, 3-4 MBSs and two Lost Note Affidavits expose a multitude of criminal acts concealed since origination. No record of foreclosure or eviction in County’s database.
23. Experts claim defendants netted $1.5 - $43 million + property, payments, and personal belongings from non-existent debt.
24. Violations of, inter alia, 42 U.S.C. 1983 and numerous state Penal Codes left homeowner homeless and defenseless after timely paying almost 3-times the purchase price of his home to bad actors, plus >$102K in upgrades.
25. Oct. 2010 - April, 2011: Congressional hearings and investigations uncover banks routinely used faked documents to take homes they did not own, causing massive homelessness and leaving millions of property titles tainted. Homeowner researches property records and obtains certified copies of several fabricated document(s) filed since 2000.
26. Certified evidence also confirms Bank A and Bank B never owned the loan. Trial expert claimed loan was intentionally destroyed shortly after closing to cover-up origination fraud. (Originator was shut down in 1991 for… origination fraud.)
27. Decade of fraud used to steal - then sell stolen property to Bank C - then to Fannie, thereby profiting from fabricated loan where no loan existed, plus sale into the secondary market (for the 4th time), and a new cycle of fraud for profit begins. (Later, Bank B’s parent company and Bank C each sue Bank B for related breach.) (New loan now tracked on MERS)
28. May, 2011: Homeowner files a forcible-entry & detainer action to get his home back. Defendant does not object to any of Plaintiff’s facts or exhibits. Court somehow finds for Defendant and the Order is signed on two different dates; both dates were before the hearing, and before the Court reviewed homeowner’s indefensible Response to Defendant’s Answer.
29. Impact case now has new certified evidence, but is being denied court access and cannot overcome public corruption.
30. 2012: Homeowner receives notice that $16,139K was looted from his Social Security account. (See #8* above)
31. Case and evidence is ripe for CRIMINAL indictments against CEO’s, judges, lawyers, court reporter, sheriffs, etc.
32. 2013: FDIC confirms no record of loan; supports loan was destroyed before the FDIC shut down originator.
33. 2013 Discovery: A determined researcher volunteered to review this case after finding the facts too bizarre for people to believe. The researcher found the troubled home builder actually had multiple loans with the same lender, including one loan obtained only days after the homeowner moved in, and used homeowner's single property as collateral for all loans before going out of business. (Homeowner never signed a Deed of Trust.) Un-redacted internal bank log shows banks knew they had the wrong debtor, so they willfully committed multiple felonies to conceal two decades of crimes against an innocent homeowner.
A talented prosecutor could easily obtain multiple indictments and stop "illegal" foreclosures nationwide with the certifiable evidence contained in this single case.