The following is a motion to vacate a "Federal Judges" denial of a temporary restraining order to keep my home. This lawsuit occurred because my own attorney tried to claim it didn't matter that I had a way to pay my bills. He refused to file an adversary he typed for within my chapter 13. So I did one of my own and put them both into the Federal Record in the Eastern District of Missouri.
They removed pages out of my complaint, and his pretty much went poof! Then I filed suit against the judge who allowed this to happen. They also removed a page out of this complaint as well. While the judge took less than 10 days to decide to not help with my "TRO". She took another 60 days, and Denied everything as "Frivolous!" This means she tried to claim I filed everything with the intent to harass the court. When until all of this happened I've never used our courts for anything. Thereafter, sua ponte(on her own motion) she Disqualified and "Recused" herself. The next Federal Judge "Recused" as well. The next claimed the judge had immunity to steal my home.
What I found out afterwards is that I'm from one of the wealthiest families in the country! I also found out that the employer who lied about the right to sell mortgage notes their board of directors are over 35 of Americas top law offices. That its more than mortgage fraud as its also "ENFORCED IDENTITY FRAUD!" That my family pictures show me to be from one of the 1st families in the country that did a lot of good things for our country. Interestingly, enough I've had more luck talking to "Civil War Museums" about my story, and getting it out more than I have any law enforcement officer whose paid to protect me!
So below for your review is the Motion to Vacate that earned me the two separate recusals.
In
United States District Court
For The Eastern District of
Missouri
Civil Case # 4:08CV0001201CEJ
MOTION TO VACATE
Dear Sir or Madam,
I write this as a final attempt to draw the attention to what I find
very un-American way of practicing law. We have asked the court to review
our case, just to find that the court has refused to consider submitted
evidence by us, and instead relied on hearsay, and verbal communication with the
other party. We are American citizens, granted protection by the constitution,
where everyone is granted the right to a fair judgment, and where no preference
is to be given to sex, creed or color.
Now we face foreclosure on our house where the court has denied us
fair representation and ask for motion to vacate until the courts have
considered the case properly. We realize this is attempt number THREE to
receive a FORECLOSURE RESTRAINING ORDER.
This civil case was filed as a COUNTERCLAIM requesting JUDICIAL REVIEW-Article
III COMMON LAW RIGHTS for the decision of Sr. Bankruptcy Judge Barry Schermer
here in MO. Utiss REQUESTS these COURTS to clarify in full in the reason behind
denial of property ownership laws as well as laws, and regulations related to
transfer of ownership of notes pertaining to identifying the rightful
beneficiary to any payment obtained from the foreclosure. There is a will and
intent to meet and negotiate terms and conditions with such a holder of notes
that this may find gives a better payment on default than foreclosure. The
ruling of the court is thus damaging to both parties; us that owe the monies
the bond represents, and the owner of the note that face a minimum dividend on
a settlement. The only institution to benefit from the ruling is the bank, as
the lending institution. We do not find this fair, and ask it to be considered
improper protection of the lending institution.
The court acknowledges that I used to be a mortgage bill collector for
a living. I would here like to present some of the background that may have
contributed to the court refusing to review my case properly.
This is not to be construed as an alleged motion to vacate but one
based on the truth and this only. I've always been told that judges in
our country are elected by the people to not be biased to anyone. I have always
taken it for granted that the elected officer was to uphold the US
Constitution, State and National laws and regulation, and in particular also
Property Ownership Laws. I will try to show that for the third time I find that
the judges have not served the law and sought justice, but by clever procedure
avoided justice to be served.
I admit I do not have access to or knowledge of all the statues, codes
and rulings that form precedence and background. Unfortunately, I have been
unable to find an attorney to represent us adequately. I have asked the court
for one to be appointed and been denied help. Therefore, I’m not totally
aware of how I could help us more in showing cause.
We have been told by CitiFinancial (Robert Hayes in their AZ loss
mitigation department) that Citi Financial considers this case a nuisance.
There was a Summons- SUBPONEA DEUCES TECUM issued in the filing of this
counterclaim. No one but us has requested CITIFINANCIAL or possibly now
CITIMORTGAGE SBM show official ownership (“Title”) of our promissory notes or
security instruments. In my years of employment and now these complaints I’ve
learned about the banking business and the law. Regardless, of what case I
could put here for MO or around our great country it’s seems to us The Federal
Courts in St. Louis are not serving justice, since they ignore my simple
motion.
We feel this court has tried to make us responsible for things beyond
our control. We've never denied that we owe someone for our debts. Every
LAW we've read dictates ownership is proven by having it in hand if requested.
None of the memorandums or orders has been clear in the courts
continuing to deny our claims to property ownership rights. Neither Judge
Schermer nor Jackson has any indication of what we've attempted to do to do
right by everyone involved.
We’re just made to look like
deadbeat debtors for requesting what we've always been told what the law’s
are. So, they do not defend property rights? Which would not be to defend
the rights to those that own the Notes, nor do they protect or shelter those
that are delinquent, but shelter and protect acts contradictory to US and state
laws.
The court says our motion for injunctive relief doesn't show
irreparable injury or damages. The home for our four children has
now been foreclosed. We've tried everything to prevent it. We paid for our home
until it was obvious we couldn't no longer at that time.
Background
This information below is mainly about Katherine Utiss. This is
information to show REGARDLESS OF ADVERSE CONDITIONS we or I've always attempted to do what the LAW REQUIRES.
I was born in the STATE of MO in Sept 1968. I grew up the oldest of
six children. I ended up living between MO and TX in my childhood. I've resided
in MO for the most of my adult life.
In my life of FORTY YEARS I've attempted to overcome ADVERSITY at ALL costs. Below are some of the things I've attempted to overcome.
No KNOWN FATHER
Two kidney stone operations (Between Ages 5-7) day before third
operation for removal miraculously the kidney started functioning and didn't have to be removed.
Epilepsy- After a fall on a horse as a child I started having the
worst seizures possible. (Grand-mal Seizures)
Eleven years ago it was made known I had a RUPTURED DISC in my LOWER
LUMBAR. Along with DEGENERATIVE ARTHRITIS these horrible conditions affect
all of my limbs. I did have it fixed in Dec 96 (by Dr. Daniel Scodary) prior to
marriage in June 1997.
Two days after THANKSGIVING 1997 my husband’s grandmother in
Pittsburgh died. I left work that Saturday morning to go pickup my
husband from work so he could go to the airport for her funeral. Unfortunately,
my back was re injured in an auto accident instead. By a motorist who lost control
of their van and ended up coming at me across four lanes of traffic coming west
bound in east bound hwy 70. The attorneys decided because, I previously
had an operation on my back the most they would compensate me was
$10,000. Not enough to substantiate the damage done to me.
I've been living as a re injured status since this time. Out of fear
that if I have another back operation that I may not even be able to do the
things I’m able to do now. Like barely walk or maintain a home for my children.
Every time I have a back operation my chances for recovery lessen each time.
However, whatever happened in the automobile accident left me seizure and
medication free.
While unfortunate, I quit high school and got a GED. I then went to
secretarial Business College. The Business College made me go by my mother’s
income (for student loans) even though I lived with my grandmother. To me
there’s no way I should have been forced into student loans instead of Pell
grants. My grandmother didn't make enough income by any means that I should
have been required to take out student loans. Obviously though knowing I needed
more of an education I couldn't refuse trying to better myself.
After going to Business College for secretarial work I had a hard time
finding employment that would give me an opportunity to use my skills much less
support myself or a family adequately. This therefore led me into default on my
student loans. That’s when I learned of the collection industry. Not too
long after this I attempted to get a job doing collections.
The first employer I worked for was Client Services, Inc. after three
years and no real opportunity for advancement I took employment with someone I
thought was a friend. Unfortunately, it was short term employment.
This led me to Outsourcing Solutions, Inc.; I worked there twice. The
first time it was found the file lacked capability to be collected on. The
second time under the direction of a different manager I proved to be an asset
to the company.
In late 2001 I accepted employment with National Asset Recovery
Services as a mortgage collector. While there may be a lot of collectors in our
great country once Citi Financial or Chase charge off mortgage notes there’s
only a few third party agencies that get these to collect on. The position
initially went well. I worked the charged off Chase Mortgages. Then at
the direction of another manager at NARS Dean Christensen I was made to move by
two other mortgage collector’s Dennis Smith and Jeanette Cameron. They
collected on the Citi Financial-Associates files. They then merged all of our
files to collect on. This was done as the placements coming into the office
were not what they once were. This was done in an attempt to give us all more
files to work since the placements were down. Plus, I had proven I had
capability to collect on mortgages for Chase in previous months.
Then they removed us to another building as they had offices across the street.
Apparently, they didn't want other collector’s to hear us talking to the debtor’s.
However, they also wanted us to be under the control of a different
manager Steve Patterson with Dean
Christensen overseeing him. In this position monthly on a regular basis either
Mr. Smith or I collected the most money for NARS. However, I learned that there
are legal methods to collect debt and illegal methods to collect. So I
exercised due diligence to uphold the laws and regulations pertaining to this
work. Upon encroachment by Mr. Christensen we were called in his office to be
told how we weren’t collecting enough money to be in competition with other
agencies for them to keep Chase or Citi Financial as a client.
There we’re times we were told to act on his instructions, and ignore
legal issues. In these positions we collected on defaulted mortgages that for
whatever reason Chase or Citi decided not to foreclose on. They were written
off as charge offs. Mr. Christensen on a regular basis was very demeaning to
us.
These actions of Mr. Christensen made me inquire with a former
employer that I knew, about his methods. What I was told was repeated
once. I was told that he was instigating similar circumstances that he had been
terminated for in his prior position. I was then lead to believe that he would
tell more when given a more “casual” opportunity, concerning the unwanted advances towards other employees and
such. This person then went to Mr. Christensen to inform him of
what I said and Mr. Christensen then approached me. At this time he threatened
me with suit.
This wasn't the only issue I had with Mr. Christensen as we seemed to
continually butt heads. He knew I knew my job. So did Mr. Patterson. So
much so that when Citi Financial brought auditors into the office I was the
main one besides Mr. Christensen and Mr. Patterson of management who spoke with
them. Besides, Mr. Patterson I was the main one to do reviews on our files
to make sure they met adequate working compliance for best-worked efforts by
both clients Citi Financial and Chase.
Mr. Christensen on a regular basis acted like a tyrant. Anyone, besides
me can even attest to this. In my employment with NARS I birthed two
children. After my fourth child in December 2003 I went back to work, and
shortly thereafter I received a telephone call from a woman named Nancy
Tedeschi. She informed me that Chase had given her our number to contact us
about purchasing defaulted mortgage notes. We were always informed that
we had the capability to sell mortgage notes for Chase. We ended up selling her
some of the notes we knew were available for sale.
The selling of these notes this time something different happened,
besides a delay in the usual assignment of mortgage from Chase, or a phone call
from an angry investor, still waiting after a couple of months for the
information.
Apparently, after Ms.Tedeschi paid the $80,000 for the defaulted
non-performing mortgages she immediately sent a foreclosure letter to a
defaulting debtor Mr. Pandolfi. She did this without waiting for assignment
letter, or the by law required “hello-goodbye letters” to be sent. This immediately
made Mr. Pandolfi file suit in PA. This is when it came about that NARS never
had it in their contract to sell mortgage notes for Chase.
In employment with NARS we were told the minimum requirement we could
accept on any mortgage note was $5,000. We were to try to get more if we
could, but if capability lacked to do the best effort, then if necessary sell
the notes to the investor’s who inquired about purchasing such notes. However,
we had no way to verify if the investor was legitimate or not. It’s not
like there were several investors we worked with.
The Pandolfi note was placed in our office prior to the sale to Ms.
Tedeschi. He was in default upon placement in our office. He didn’t seem to
want to make amends for his defaulted debt. Unlike other people he probably had
the capability to do such. He chose to fight his case legally thru the court
process. This of course was after what Ms. Tedeschi did to
Mr.Pandolfi.
For whatever, reason I determined it would be nothing but a battle
with him to get him to negotiate with us so I requested it be removed from my
queue and they gave it to Mr. Smith.
Being a mother of four my income is important to my family. My job was
everything to us, until I was initially contacted by Ms. Tedeschi.
I came to NARS with collection experience in credit cards and mortgages. I knew
and know a lot of collection laws. I’m not an attorney. These court experiences
are new to my husband David and me.
See, we’ve never attempted to come to such a situation in our life like
the majority of people. However, Ms. Tedeschi introduced me to her way of
business practices. She offered a part-time job. I thought I could possibly
make extra money to support my family. I’ve never not worked this long in my
adult life. I haven’t tried to get SSI or anything with the injury I’ve
suffered. In our difficulties we’ve only once received food stamps for the
children. I obviously have lacked good judgment in believing anything read or
anyone has told me in my lifetime. I didn’t know the harm that
could be put upon me with the type of business practices she introduced me to.
I didn’t per se’ have a contractual management position with NARS. But
I did have one of the better positions within their firm. NARS management on a
regular basis made me question their business practices. While Mr.
Patterson some times did attempt to give advice in difficult files most times
I’d be told “Collect The Money” the client knows they placed it here now
collect it. He did not want me to uphold FDCPA laws or other laws and
regulations. This caused me concern, and raised questions about the ongoing
business practices.
So much so it got to a point
that I’d have to call the client Chase or Citi Financial. Most often it was
Chase files. I’d have to literally call Chase to request if it was supposed to
be in my file or not. If I did not do this I would have been forced to break
the FDCPA and other regulations. Therefore, after I’d
call, and after my questioning Chase would call, and pull the file.
Ms. Tedeschi operates a title company in NY. She on a regular basis
does her best to get over on anyone she can. Besides having a title company she
acts as a private investor-judgment creditor. While this isn’t against the law
the business methods she introduced me to have caused me harm. I’ve always
attempted to follow the law in doing any business practices. Until this
happened I’ve never had this type of conflict of interest happen in my lifetime
in or out of employment. I being naive about the total process of buying
foreclosures didn’t know as much as I should about her proposition to me.
You can speculate my judgment on this. To me if I am wrong she
wouldn’t have already tried to sue Chase again. She agreed to hold them
harmless after the settlement that was obtained for NARS never having it within
their contract in the first place to sell mortgage notes for
Chase.
However, most of this information has been learned since the
circumstances her job offer caused. There has been a state of CONFUSION caused
by all sides. See there was this voice in my head saying OH MY GOD now they’re
going to steal money from an investor. For 2 ½ years I was told they had it
within their contract to sell mortgage notes. For 2 ½ years I probably had one
of the best jobs of my life regardless of some of the circumstances surrounding
me in my environment.
In speaking with Ms. Tedeschi I wasn’t the only one she apparently
taught her illegal practices to. She likes taking the judgment creditor
position and not let people know she’s bought their mortgage note prior to a
foreclosure. Especially, since she targets foreclosures. She knows the bank
will take less which gives her the opportunity to make more. Most don’t know
she’s even done it. Her so called offer of employment caused a conflict
of interest in my relationship with NARS. I found out the hard way
her business practices are lethal and illegal to get what she wants
MONEY.
While the law dictates in MO is a right to work state you can be
terminated at anytime with nothing. The business practices of these
corporations have harmed me. See I asked if they had the right to sell mortgage
notes in the very beginning of my acceptance of employment. They intentionally
deceived me by telling me they had the right to sell notes for Chase. It was
found out in the case that it was an
assumed practice from when Chase bought out Advanta.
Citi Financial and NARS were of NO ASSISTANCE when it came time to
explain their business practices to me. I know of at least two cases within my
time of employment they placed accounts for collections knowing they never
should have been placed. See the people filed Chapter 7 bankruptcy. Upon
arrival of new accounts at NARS they demanded we call people blindly without
knowing anything about the account placed.
NARS immediately wanted us to be collecting as much as we could on
accounts. Calling blindly encourages error, when one has filed bankruptcy, or
having no knowledge of one’s capability to repay their debts. In my
professional history, I’ve found most agencies want no one to do due diligence
about clients-debtors in an attempt, to do an honest job of collections. No one
should be ridiculed, for wanting to know information about the job they’re
supposed to be performing.
Going forward these two accounts should have never been placed for
collections not just because of a bankruptcy. Citi Financial has the
financial capability to of hired adequate representation. But, for whatever
reason, they were negligent, in collecting their money on a home after a tax
sale. Even though the debtor had walked away and abandoned the home.
When this happened they had me contact him as there was a form needed
to get the money back from Cuyahoga County, OH. The debtor in question
even was willing to sign whatever they wanted him to too obtain this. Then they
never could come up with the proper documentation to do such. He should have
been done never to be contacted again. But just like now Citi Financial or
these banks have no concern about how they collect or ask other people to put
their lives on the line.
I had debtors that I requested title reports on. These were mainly for
Citi Financial accounts placed with us. They always talked about getting us a
machine to do such but never did. There was a lady that had a fire in her home.
She believed her mortgage was paid from the insurance payoff. While I don’t
remember her name they never would give supporting evidence of the debt being
paid or not paid. They just wanted me to collect the money.
Any of these actions can be verified by checking files I worked at
NARS. Of the two clients Citi Financial was the most notorious for not
only giving accounts with no capability to be collected, but had the most legal
issues. Chase gave accounts that had capability to be collected.
Although, at times I feel they placed accounts that shouldn’t of been placed.
One such account is of a homeowner who had perfect credit besides the
second mortgage he had with Chase. He claimed he never knew he had the
mortgage. I would agree with him as he paid within a couple of months of
being placed with us. There was a debtor in question that was hard to
locate. I got in trouble for calling Chase to have them complete the
transaction as there was no Spanish speaker available to assist them. So I called
Chase and they were more than willing to assist. This was done as the debtor was a hard to
locate person and I was able to track debtor down successfully for Chase.
Rumor is the accounts Chase
placed with us had not been worked, and were sitting on a shelf somewhere.
While Mr. Patterson claimed Chase worked them prior to placing with us there
was indication that this wasn’t entirely the case.
It appears to us the court just thinks we should be left destitute.
The circumstances I’ve endured thru out my life I can’t change. Neither can the
Corporations mentioned within. I’ve done my best to not beg, borrow, lie or
steal from anyone thru out my life. I’ve always been taught to RESPECT what I
have. I’ve attempted to do this with physical possessions, and other people I
encounter as well.
After the conflict of interest that I lost my job over I attempted to
go forward in doing business. I attempted but failed in a business investment
due to an associate disassembling the business out from under us.
I had hoped to get some help in determining who really owns my
mortgage note when this all started. As I know of no one who would ever want to
pay twice for a mortgage. My bankruptcy attorney knew this. There are
probably various things that shouldn’t have happened.
It would be different if we haven’t repeatedly asked for help in
understanding how to handle such circumstances. While I know about bankruptcy
laws it’s my understanding judges are supposed to judge on facts. The facts in
this motion to vacate have intentionally been left out of any of our
complaints. See we have a right to a private life to be left without intrusion
to not live in fear for our lives.
It also gives anyone knowledge
about me since once this motion to vacate is filed here to be open for review
by anyone that wishes to investigate may use it against me. This information is my own for the most part.
I’ve been requested to leave these pertinent details out of any of our
complaints. Not by any of the Corporations mentioned within. However,
circumstances are such that my we did not want to go through these horrible
sets of circumstances, whereas the behavior of the court apparently requires
it.
To me they are important facts that have led up to these attempts to
rectify our financial now personal business matters. I’ve tried to just
like always to accept what has happened and go forward.
I’ll admit it may seem, I’m hostile I’ve done everything to not do
harm unto others even though harm has been done to me. Until we’ve been pushed
in these complaints. The court has denied us access to attorneys after we
informed them that no local attorney would take our case. We did pay for
representation and the courts protection with payments when we could.
We’ve always done our best to make amends to the best of our capability.
I felt my initial adversary would get Judge Schermer to see the
violations in my case. As I’ve been forced to learn about the law in
order to protect my home, family, and now rights to even an income. As
being in the banking business or employers in general require impeccable
credit. In my wildest dreams this is not a situation I could have ever dreamed
up. I’ve always tried to be honest in doing the sacred job of protecting one’s
interest. Whether it is a homeowner or one of the clients I may represent.
I started in collections in 1994. I’ve tried getting knowledge to
educate myself more adequately to change professions out of collections. No one
is interested in attempting to assist me. Or else maybe I could have been
able to become a mortgage underwriter some time ago. I’ve
attempted to be a servant to most anyone to maintain a home for children or
myself. It appears regardless of what we’ve attempted to do to make money to
pay Citi Financial or now Citimortgage SBM we’ve been unsuccessful.
We decided the other day to pull David’s credit bureau report. It
shows that five days after Judge Schermer’s ruling on our initial complaint our
mortgage note was reported as being sold on 6/30/08. We were never notified of
this. We only found out because we pulled credit to try and find out how bad it
is to see if there’s any way we’ll be able to find a home to live in.
Regardless, of how these companies are somehow intertwined law
acknowledges these are separate companies. We may have had uncontrollable
issues in recent years, but that doesn’t excuse not telling us who now is
foreclosing or that CitiFinancial had sold our debt to another company.
The foreclosure trustee unknowingly, to us acknowledges this in his
last foreclosure letter attached. No one explicitly let anyone know it was sold
though by this attached notification. There was no proper assignment from Citi
Financial to Citi Mortgage SBM recorded in any county records.
I’ve always been told county records are facilitated in an attempt to
notify people of such things pertaining to a property. So if such questions
arise about home ownership records that their there for everyone to know and be
aware of. To us this should include when an account is under the handling
of a potential foreclosure trustee.
We understand to some degree the treatment we’ve received in these
courts. We’ve always attempted to be upstanding individuals, with morals, and
values, with respect to the laws and people we encounter. We know we’ve been considered
as incapable to repay our debts. This is not totally true. I’ve invested many
hours as banking professional outside of this case. I’ve always attempted to
act in a person’s best interest.
My children all have the same father. I’ve tried to give my
children a stable home. From the age of 16 I’ve always
worked. We’ve tried not being materialistic, judgmental, or hostile
towards others. The Law dictates we take care of our children or else they’ll
be removed from us.
I’ve found any employer that
has employed me has done nothing but deceive me, once I’ve accepted employment.
Since, this happened I’ve tried working from home without success. This doesn’t
mean I’ve done anything to harm another. Or that I’ve had cases brought against
me for unethical business practices. I’ve intentionally made sure I operate
within what the law is to allow. Otherwise I wouldn’t be able to live with
myself.
In good faith, I’ve taken Citi
Financial clients for non-performing notes, deficiency balance notes, and REO properties,
via Jason Thummel in their Kansas City office.
The first investor was interested in purchasing deficiency balance
notes. The purchase price was 10-50m per month. This not being a small
transaction I was never introduced to end buyer. Most people in my situation
would never have someone real with this purchase price capability. In
transactions of this size and nature one may never have a real idea of who the
buyer is. But Jason Thummel did or does know who this buyer was that he’s a
capable investor. Citi Financial stopped this transaction from
happening. They wanted to continue making money on these debts even though they
were supposed to be selling them. This of course didn’t set well with the
buyer. Therefore, the transaction failed even though it would have paid for the
mortgage lien in question many times over.
After, this attempt I tried to help a business associate in purchasing
non-performing assets of Citi Financial only to be told the buyer didn’t
qualify due to purchase price amounts required by Citi Financial, which was a
purchase price of $3-$6m of non-performing assets. He however, could only
purchase in the volume of up $1m per month that would have translated to about
$150,000 per month to Citi Financial.
Thru, a business associate I have now as well, I have an investor that
could purchase REO PROPERTIES with the funds to purchase them of
$200-$300m. This investor previously has requested packages and is an
approved investor with Citi Financial. But, Citi Financial won’t do anything to
help this investor with such an investment. They only want them to go
thru the bidding process. This leaves the investor to seek purchasing them thru
unqualified sources. This continually leaves them, and us, with nothing but
broken promises. This isn’t the only investor this happens to.
There are various LAWS that are to be upheld in dealing with such
PRIVATE transactions. I’ve tried with various companies or banks to
assist them. Only to be led on a goose chase in an attempt to accomplish anything.
I still have these investors ready to do proper business banking. My hands have
been tied in assisting them.
I have some investor’s whose projects would have the capability to
make billions for the bank that assists in the transaction in fees. I can’t
even get banking professionals to answer as to whether or not the investors
qualify for sure. Or they may want the investor to open accounts in their bank
when they already have operational accounts for transactions with WORLD KNOWN
BANKS. I can’t even get clarification as to who’s right or wrong in the
procedures allowed to do such transactions. The government monitors all these
transactions especially since they happen on an international basis and usually
not within US territory. (PFCEA)
The transactions I’ve been attempting to complete would more than make
our lives financially secure. We feel we shouldn’t be losing our home to a
foreclosure in this case if you ask me. How can I pay when none of the bankers
or attorneys has to follow basic business practices?
The extenuating circumstances were covered regarding who did what in
our initial complaints to these courts of JUSTICE. To us the only one receiving
JUSTICE is Citi Financial in their attempt to take our home. Along with Homeq,
especially since foreclosure laws dictate any lien holder has to be notified
prior to a foreclosure sale. CitiFinancial has now foreclosed knowing the party
their as identifying as the owner of our second mortgage to come forward has no
clue who owns our debt. I believe I now have evidence that shows Homeq could
never know who owns my debt. It was found after my initial complaint to these
courts.
One can see we created these debts then within a year thereafter,
started having financial issues. We’ve always attempted to do JUSTICE
with Citi Financial to rectify this claim they have against us. Even making
sure they were one of the companies used in an attempt to do proper business
with. This way they would have the control and proof of us trying to
rectify our situation. Until, it’s come clear that NO ONE wants to recognize
the illegitimate business practices introduced to us at inception to this world
or loan.
We know of NO Truth in Lending Law that makes one have to be
responsible to pay for two appraisals on their home to originate a mortgage. We
paid for an appraisal on the day they appraised our home and out of closing. We
ATTEMPTED at the closing to address this to be told not to worry about it the
lender is paying for it not you. This in its self was deceit as well. Truth is
known now we have paid for these entities horrible business
practices.
We know of NO RESPA LAWS that allow AVOIDANCE to following proper
notification procedures of ownership entitlement. An entity notifying a
homeowner of them servicing a debt is just that notification. They’re
considered a SERVICER not an OWNER of the debt. Their REQUIRED by any LAW we’ve
read to show ownership to not get by with THEFT if REQUESTED.
To us to date these courts and entities have REFUSED to EXERCISE their
POWERS to MAINTAIN any RIGHTS what so ever in an attempt AMICABLY AMEND any
misgivings that our recent financial difficulties have caused. What these banks
are doing and allowed to be doing is unconscious able to me. They’ve had
various people put their livelihoods on the line as well.
We’re not attempting to ask for a special privilege. We’re asking the
court to help with the true issues at hand. I’m unlike other people coming to
court seeking justice for the injustices these firms cause. This business was,
or is not only my livelihood, but my life. Whether it is a big bank I’m working
with or a homeowner/debtor who needs solid financial information to make
adequate decisions for their future.
I feel if given proper assistance these matters could be rectified in
a more favorable way to all parties. If given assistance we would not only be
able to rectify this matter we’d be able to help banks who have gone thru
financial turmoil in recent months. Or assist people who have no one to assist
them.
I can’t tell you how many times I get told NO in getting help on my
case. My question is why? These complaints aren’t an easy feat with the
information needed to do one adequately. We don’t control the world but the
Department of Justice, Federal Government and Banking Business does.
Respectfully Submitted,
Some of the cases spoken of or are similar to ours are referenced in
this document are below.
William Schwark- Chp 13 filed 12/20/95
-converted to chp 7 on 12/17/97
Bankruptcy discharged 4/10/98-Placed for collections 2001-2003
Robin Hayes Case- Ruling Opinion on 8-19-08—by Honorable Joan N.Feeney
Case # 07-13967-JNF
Sima Schwartz-MA-Case # Sima Schwartz MA vs. Homeq
06-42476-JBR
Lewallen vs. Green Tree Servicing, LLC, _ B.R._, 2006 WL 744285
(W.D. Mo. March 22, 2006)
