We need your help, and so do many others,
especially seniors who may be unaware of the
serious abuses involving many major home lenders who have been operating
with impunity due to the FAILURE of Congressional
AND Senatorial oversite committees to regulate the
lending industry, and the word desperately needs to get out to the
public, as the news of the failure of some of the lending institutions
has now alerted the public to the crisis that is occuring.
This is not just our battle alone.
Our two year legal battle in fighting off a foreclosure action by
Wells Fargo Bank, N.A., along with
much of our extensive legal work,
has uncovered and documented
what now appears to be a serious pattern
of abuse on a national level intended to prevent homeowners who have
built up large equities in their properties over time from being able
to sell their refinanced properties by preventing them from obtaining a
clear title, and
forcing them into foreclosure. This we have
discovered involves a
pattern such as the filing of duplicate
mortgages, failing to file legal satisfactions of the original paid off
mortgage with the intent to force a foreclosure and get the borrower's
property for a pittance at auction to reap the huge rewards of the
equity that the homeowner has built up over the years.
We are in an unusual position to fight the foreclosure action, as
Scott has over thirty years legal experience litigating pro se
(self represented) which has allowed us to carry on an extended
fight which would probably cost us over $100,000 in attorneys fees
and court costs, so far.
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The Following subjects are covered
in much more detail on the
TheOutlawLenders.com site.
NO OVERSITE on NATIONAL LENDERS
| The complete failure in recent years of Congress and the Senate to
monitor and have oversite on these lenders has
allowed them to act with
impunity
without regard to state lending laws, let alone fraud,
deceipt, illegal contracts, false documents, filing erroneous
commercial paper, and making false statements on sworn affidavits, all
with the cooperation of some of the state courts and and lawyers who
often sell out clients in what has become the underworld of the finance
community, running amok, as national news has recently clearly
disclosed.
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27 PAGE LETTER TO SENATOR DODD -
IGNORED
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A particular and shocking example is our 27
page single spaced letter delivered last Fall, September 2007, to
Senator Christopher Dodd, Chairman of the Senate Banking Oversite
Committee.
In that letter we detailed many abuses that were done to us
including predatory lending, bait and switch, fraudulent documents,
extra mortgages, and a obvious and continuing attempt to force us into
foreclosure on a mortgage which they admitted had been paid and
satisfied. This pattern of abuse that could hardly be limited to us
was ignored by Mr. Dodd, and his committee who did not even bother to
acknowledge or communicate with us what-so-ever, even though we sent
the letter delivery confirmation that proves they actually did receive
it. We also, in the same letter,
warned Mr. Dodd, one year ago, that
the unchecked greedy, abusive behavior of the financial industry,
especially in the area of mortgages and credit card interest rates
would negatively impact the whole economy. Please visit the above
link.
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OFFICE OF THE COMPTROLLER OF THE CURRENCY (OCC)
But perhaps the most concerning response was the one we received
from the OFFICE OF THE COMPTROLLER OF THE CURRENCY (OCC) in Texas who
supposedly has the responsibility of control over the national banks
and lenders. In response to the copy we sent them of the Dodd letter,
they incredibly wrote to us that they will not get
involved in situations where any complaints could
lead, or are invoved in litigation. Hence there is no
oversite on any of these national lenders by the OCC. All they will do is decline to investigate, even if
documented criminal activity is shown, so therefore they are allowed to
operate outside the State and Federal laws, which is why we believe
that it is fair to refer to them as "outlaw lenders". Please
check our Web page about about the OCC
and their letter in frightening response to us.
Hence, the OCC will not interfere with any national lenders,
even after being shown illegal activities.
| For further deeply concerning the OCCs failure
and others agencies to
protect the public, Check our Outlaws Page
as noted below.
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STATES ATTORNEYS GENERALS LACK JURISDICTION
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Since these are
"national banks" state governments have no legal jurisdiction as former
New York State State Attorney General Elliot Spitzer recently found out
while investigating these national lenders for predatory lending and
other practices which included Wells Fargo, when the national banks,
along with The Office of the Comproller of the Currency, in a joint
suit in Federal Court got an injunction blocking Spitzer's suit and
subpeonas for lack of jurisdiction and standing.
Why didn't the OCC, at the very least, investigate our allegations
in the interest of protecting others who are being victimized but are
not in litigation and may not even be aware they have a pending
financial disaster? Check their own Website at
http://helpwithmybank.gov/about/index.html to see what they do, and
http://helpwithmybank.gov/faqs/other_occ_help.html#drop03 what
little they can do.
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WHAT HAS HAPPENED TO US
| What happened to us is that Wells Fargo sent us the a
"Certificate of Loan/Payoff" notice that the original mortgage was
paid off. Then Wells Fargo followed up the next day with a notice that
that they will be filing
the Satisfaction of the Mortgage with the County Clerk. They
never did, and foreclosed on the original paid and satisfied mortgage.
For further information on our fight see the box at the bottom
of our Outlaw Lenders.com page for
more detailed information about the foreclosure action initiated
against us and our two year legal battle.
We have appealed several decisions from the lower court rulings,
which has given the Wells Fargo's law firm every conceivable break and
consideration to the point of ignoring and breaking black letter law.
Please see the link below regarding our 14 points on appeal, which
challenges the lender and their attorney's actions in the Supreme
Court. Our appeal has been perfected and filed, we have just received
Plaintiff-Respondent's reply brief, and will be posting our answer to
it here in the next few days. See our appeal online at the following
site
http://www.the-cri.com/WFAPPEAL.htm.
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