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Mon

12

Apr

2010

Home Foreclosures - Disguised as Real Estate Extortions
Monday, 12 April 2010 05:35
by Barbara Ann Jackson

Some people think that those who fall delinquent on their mortgage debts deserve whatever happens to them. Deadbeats, is what they call us, even when becoming delinquent on a debt was an unavoidable occurrence. Some of us (like me) did not know that marriage failure would bankrupt us; or there would be medical bills; or job layoffs -but yes, some folks lived beyond their means. All the same, this narrative is about what collection on a loan via fraud and deception can do to a person, (too few people know about dark sides of real estate lending and borrowing).

My story is not a sour grapes foreclosure story; I am not so much calling attention to loss of a home, but rather, to nearly irreparable wrongs that occurred in connection with real estate extortion. My true verifiable story is about how -like an overrun creature lying in the street, my brutal adversaries maimed and left me there! And while I wince in pain, I anguish also for others who have been wronged by brutes. I do not have any other choice except to raise my pen and voice until vindication arrives; and authorities stop the wrongdoers from continuing their harms. Moreover, my situation has little to do with whether I have forgiven them, but it is about my lack of freedom and impediments to my ability to pursue happiness and employment to jobs of my choice, and for which I qualify.

For 4 years, I fought through the court systems to prevent the fraudulent taking of my home. In so doing, I was repeatedly ravished by merciless litigators. They caused me lost jobs and blacklisting. I was always vilified and made to seem like a crazy outcast. I was persecuted and castigated by judges; I spent lots of ill-affordable money in legal costs; my privacy was shockingly, repeatedly invaded; I was falsely arrested; at one occasion, I was so tormented, I went to the bathroom on myself; and my freedom yet remains in jeopardy. Also, there's an amazing plethora of distorted humiliating documents and statements about me in federal court records. Such pleadings, records, and documents would never have been if it I were not opposing that foreclosure fraud, as court systems are the only means of opposing an unlawful foreclosure. (And yes, I knew, like most African-Americans know, that seldom do 'our kind' prevail in New Orleans federal courts -unless a controversy is well-known to the public, and skewed decisions would be too obvious.) To put things bluntly, the merciless suffering to which I have been / and am being subjected to is because: (a) I would not cooperate with unlawfully losing my home; and (b) the n_____r b____, as I was called, needs to know her place. In gist, this is what happened:

Foreclosure mill attorney, Adcock, deliberately filed a foreclosure in the name of an entity which (GE Capital Mortgage Services, Inc) did not have standing for my New Orleans mortgage loan. Although I did not know why Adcock committed that fraud and other frauds, I recognized that my home was being taken through illegal means. I filed judicial challenges, in which I asserted and proved the foreclosure was impossible due to the foreclosure plaintiff's non-existence. (I might not have been inclined to fight so hard for my home if it were not for the deceptive method in which I could lose it.) The frauds were the red flags that led me to search and find out there was no "perfected lien" on my home; and that a novated loan document was not lawfully enforceable.
 

Even up to this date, I'm certain that all those court judgments and rulings are VOID AB INITIO, due to fact that the foreclosure was a nullity. But there is no New Orleans court that will bother with statutes and laws, particularly if doing so would benefit me. Whenever the opportunity occurs, I will be within my right to clear my name, as well as sue for torts, civil rights violations and Constitutional wrongs damages, especially under theories of 'tolling'. Nonetheless, my life as of now remains not much different from how my adversaries left me.

Also, falsified "lift stay" motions in my bankruptcy case were filed. However, during litigations, an Affidavit (see the Affidavit posted on my website), signed by the "successor" mortgage company came to light. The Affidavit is PRIMA FACIE proof that the plaintiff named in the foreclosure had no standing; it proves that the attorney's purported May 2005 auction (that was held in my absence) -and the attorney's May 2005 bid and purchase of my home was not lawful. (Incidently, such activity is the norm for that foreclosure mill lawyer.) The foreclosure, accomplished via use the defunct mortgage company (which could not possibly own the note), manifests that the recorded deed, after Adcock's purported auction, was actually for his benefit. Afterwards, in July 2005, in the Times Picayune newspaper reported that Freddie Mac paid an amount of $86,150 to buy my home from the same non-existent plaintiff (impossible!) that was named in the foreclosure. Also, notwithstanding that affidavit, Louisiana's Secretary of State corporations database shows the October 2002 extinction of GE Capital Mortgage Services, Inc., when it merged into GE Mortgage Services, LLC. Years, later, due to Wells Fargo filing a false IRS form 1099-A for my property, I had Internal Revenue enquiries. Put plainly, it is obvious to any reasonable person, that auction, the purchases and sales of my home cannot possibly be legitimate. Because I had the courage to challenge these blatant wrongs, I was maimed; and I am yet 'lying in the street', in pain. I will not have any hope to get my life back if I don't continue to cry out until help and vindication arrives. *The Entire irrefutable details -along with that affidavit and other facts are posted at: http://www.lawgrace.org/2010/04/07/comments-foreclosure-on-louisiana-judge-reginald-badeaux-home-us-attorney-jim-letten-freddie-mac-wells-fargo-frauds-collusion-etc/.

*MORE READING ON ABUSIVE COLLECTIONS, AND FORECLOSURE INJUSTICE:

▬"Piling On: Borrowers Buried by Fees" by Gretchen Morgenson
http://www.nytimes.com/2008/04/20/business/20gret.html?hp

▬"DEBTOR'S HELL", a 4-part investigation by the Boston Globe
http://www.boston.com/news/specials/debt/

▬"Lack of Legal Help: One More Way the Deck Is Stacked Against Homeowners"
http://www.huffingtonpost.com/arianna-huffington/lack-of-legal-help-one-mo_b_310353.html

▬Super Future Equities Inc. v. Wells Fargo, et al.,
http://www.bankruptcylawnetwork.com/2007/05/11/what-are-those-mortgage-servicers-doing/
Paragraph 37- "pattern of initiating litigation. . .designed to further its own interests. . .at the expense of the Trust and the more senior Certificateholders." Paragraph 38- "expanded its business activities from those of a mere loan servicer to those of a market manipulator and unscrupulous "litigation machine."" Paragraph 64- ""After foreclosure, . . .ORIX makes "servicing advances," which include legal fees spent by ORIX to pursue claims against the borrowers. All of these "advances," as well as the interest thereon, are ultimately re-paid by the Certificateholders. At the time of foreclosure, ORIX receives additional foreclosure related fees, in addition to all the other fees collected from the Certificateholders. On information and belief, Wells Fargo benefits from these improper foreclosures by charging inflated and unexplained "expenses" to the Trust in connection with the foreclosures.""

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