If you know what happened you can fight back.
Statute of Limitations on Civil RICO - Four Years
The RICO Clock starts when you recognize you were a victim of a networked criminal enterprise with a national footprint of operation. Read the numbered points below. I'm sharing this so that other victims may research their own circumstances and determine if they were subjected to the same and, or, similar chain of theft.
As readers know I filed a Civil RICO Case in Federal District Court (Memphis TN) on 4/20/2016. Amended Complaint filed November 15, 2016. Motion for Disqualification (conflict of interest) October 25, 2016. Objection to the Report and Recommendations filed August 2, 2016. Now on appeal to the 6th Circuit.
Before that I was represented by Webb Brewer in a civil case that never went to trial. "Motion for Sanctions Pursuant to Rule 11 of the Tennessee Rules of Civil Procedure" were filed against Brewer by the attorney for the REO Private Investors Vernon Wayne Boyd and Sherry White Boyd. Sanction Eleven was filed by, John B. Philip (#8837). Docket NO.: 16122; June 3, 2014. It is my belief that Brewer was moving my case toward dismissal in service to the Defendants.
What follows is a report that comments (in part) on some of the Pattern Examples of suspect properties subjected to the same chain of theft as my home. All of my researched Pattern Examples were located in Oakland, TN. Behind each property address is a family, a face, and a story. There is not a county in TN that has not been subjected to adaptations of this basic same theft scheme with fraud perfecting legal documents filed at Registry of Deeds Offices across the state. As has been noted by those Registry of Deeds Offices brave and courageous enough to perform independent audits (read the Seattle Washington Audit conducted by McDonnell Property Analytics). "My registry is a crime scene as evidenced by this forensic examination." John O'Brien
My RICO Case is informed by the prior bad acts of the Defendants.
Soap Opera reading: Collins Maury, Inc., d.b.a. Prudential Collins-Maury, Inc. Realtors, Plaintiff v. MEM 2, LLC d.b.a. Keller Williams Realty Memphis East. Chancery Court of Shelby County, TN / Docket # CH 11 - 1860. Part 3.
The defendants involved in this case kept their jobs conveying approval of Keller Williams franchise owner David Osborn and Keller Williams International, of criminal behavior... profit trumps ethics and tramples the rule of law.
Most victims have no idea of how they lost their homes. I'm happy to network with any who wonder if they were targeted by this same chain of theft. (901) 504-9704
For context related to the HUD reference in this report scroll down and read my blog of 12/17/2016.
OPEN LETTER TO DR. BEN CARSON.
For understanding of how the illegally engineered default based on a fraud narrative inserted into and corrupting official Bank records results in the illegal seizure of private homes. Read...
OPEN LETTER TO DR. BEN CARSON.
For understanding of how the illegally engineered default based on a fraud narrative inserted into and corrupting official Bank records results in the illegal seizure of private homes. Read...
NATIONSTAR MORTGAGE COMPANY and LINDA HOWARD: Illegal Seizure and Theft of American Homes - Blog posted on 9/28/2016.
FRAUD, CONSPIRACY, CONCEALMENT, PRACTICE and PROCESS
Perpetrators and Victims: What Happened and How!
1. Bank of NY Mellon networks “crony” relationships with Predatory Institutional Investment groups that speculate in purchasing soured or non performing Mortgages. One of these companies is Pretium Partners, LLC.
a. Pretium Partners have bought more than 8,000 single family homes (TN) (Now far higher; a 2013 number.) They are facilitated by non-judicial foreclosure states like TN. I suspect that nationwide research will show that this number is staggeringly higher with disturbing national theft implications.
b. Pretium Partners, LLC mailing address and principal office is the same of that listed for FREO Tennessee, LLC. / Floor 28; 1633 Broadway, New York, NY 10019
c. The building that houses this address is owned by Bank of New York Mellon.
d. Bank of America, N.A. (BANA) is the servicer for Bank of New York Mellon. The properties moved into FREO Tennessee, LLC in August 2013 through present / 2014, are nearly all Bank of America / Bank of NY Mellon properties with few exceptions. As of Sept 2014 there are 13 pages of such properties transferred into the FREO Tennessee, LLC vehicle in Shelby County with additional reference to properties found in Jackson, TN.
e. FREO Tennessee, LLC is a single member LLC with registered office in Tampa, Florida. They are located in a Bank of Florida Building.
2. As the servicer of the loans, Bank of America facilitates the fraud process transferring the deeds directly to the Institutional Investor at the direction of Bank of NY Mellon. The Deed is then moved to a substitute trustee and, or, one of several foreclosure arms of Bank of America like Recontrust Company (as in the case of Ms. Clair.)
3. The foreclosure arm of the bank works to complete the fraud pattern under the pretense that they are working to assist the modification. They are now interacting with the homeowner at the direction of the actual owner of the mortgage; the never disclosed Predatory REO Institutional Investor, and, or, Individual REO Investor who has already purchased the property.
4. Non performing mortgages regardless of eligibility for modification or a bank refinance are targeted by the Predatory Institutional Investors.
5. For individual REO investors, this is accomplished through REO-only accessed websites such as the one run by Core Logic, Inc., where the pool of potential targets are listed. The complaint that at risk properties are dual tracked is only the surface, just one minor piece of this intricate fraud scheme via a sophisticated pattern of practice.
6. The transfer of these mortgages by Bank of NY Mellon – who conveys the deed to Bank of America – who then conveys the deed directly to the Institutional Investor (sabotaging the modification as in the case of Ms. Clair) is primarily driven by the already established “crony” conflict of interest relationships i.e. the relationship with the Securitized Mortgage Pools that Bank of NY Mellon already represents. Bank of NY Mellon, to exclusion of all else, is focused on the exclusive interests of these Investment Pools (as a tradable security) and the future viability and ongoing performance of these Securitized Mortgage Pools which they are heavily invested in owning, developing, feeding with new properties and then marketing to the investor community.
7. This is a blatant conflict of interest. Ongoing broken trust with the agreements and bail out money taken to facilitate families staying in their homes. The individual homeowners on our list may be the obvious, but by no means the only victims.
8. Properties are dual tracked maintaining the false impression that the property is available to the local average person who may want to buy and flip the property.
9. Dual tracking may, in some cases be a smokescreen, but distracts the homeowner (and maybe their attorney) from learning the truth. Regardless of any effort by the homeowner to initiate a HAMP modification this is a lost cause / wasted effort. Once the house is targeted – often by the networked local REO partners, the Warranty Deed as the primary instrument of Foreclosure by Assumption makes the homeowners’ loss of the home a point of fact and a foregone conclusion.
10. The deed of the “non-performing mortgage” is conveyed to the Predatory Institutional Investor or Investment Group for a much reduced price via a fraudulent appraisal – usually by the partner local REO Broker.
11. It is never disclosed to the homeowner that the house has been “sold.” This presale of the house is preferable to the potential losses and risk associated with adhering to the Federal Guidelines for HAMP. This is a secret first transaction reflected in our list of properties where the property is conveyed by Warranty Deed for ten dollars ($10.00); indicating a prior concealed previous sale. (Paperwork – Instruments concealed / assisted per MERS)
INSERT: MERSCorp Holdings, Inc.; e-registry system (MERS).
12. If the much reduced price of the property were disclosed, the homeowner might agree to repurchase the house for this reduced price. One facet of this fraud is “price fixing” and corrupt Crony Capitalism at the expense of the homeowner.
13. It appears that the Institutional Investors’ may finance these properties via this fraud scheme and sit on them as rentals as early as 2005 in advance of the housing markets collapse starting in 2006 and rising interest rates anticipated and expected to materialize as early as 2015. These rising interest rates may be the reason the properties are now gathered under the umbrella of such companies like Pretium Partners, LLC who will bundle and package these mortgages for sale to the investor community as a commodity / tangible investment. In a sense the fraud is then completed. The sale of these pooled securities goes back to Bank of NY Mellon for marketing and sale. (Motive)
14. After the deed is conveyed to the Predatory Institutional Investor BOA continues to posture working with the homeowner on the HAMP modification and, or, the in-house refinance. This conceals the actual conspiracy associated with off-loading at risk mortgages rather than approving HAMP modifications. Bank of America is now fully invested in perfecting this scheme since they have already conveyed the mortgage and sold the property to the Predatory Institutional Investor and, or, the REO Investor unbeknownst to the homeowner.
15. During this time period Bank of America continues to accumulate fees as they string the homeowner along to the inevitable conclusion of turning down the application and, or, if possible harassing the homeowner to give up and abandon the application process and therefore the property by coercion or other bully-like tactic and, or inducement. (Lost documents, forced placed insurance, etc.)
16. The first sale of the property to the REO Institutional Investor, at a fraudulent – much reduced price – is concealed with the cooperation of MERS. The first instruments’ are never filed with the local Registry of Deeds Office. The subsequent Warranty Deeds filed in the local Registry of Deeds Office alludes to this first transaction in oblique terms meant to confuse anyone who would investigate. The homeowner may have received, but not understood, the IRS 1099-A - Acquisition or Abandonment of Secured Property.
17. When Ms. Clair sought to investigate who established the outrageous low estimate of her home she was threatened. In example #2 the valuation of the property where the straw buyer receives the property; the valuation Affidavit is signed by the person from whom the property was stolen and then crossed out. Not only is the signature suspicious, but TN law requires that any appraisal associated with a Bank Transaction be done by a licensed and credentialed professional with no conflict of interest. This standard is not reflected in any of the properties moved to FREO Tennessee, LLC.
18. Month to month the homeowner is threatened with the sale of their home on the Court House steps. Each month desperate phone calls are made and the homeowner wonders why they, unlike others, are taken right down to the wire, five days regardless of holidays or weekends before BOA will facilitate an extension as the homeowner awaits an answer on the outcome of their application. The desperate homeowner does not know the application will never be submitted for valid consideration since the property is already sold to the Predatory Institutional Investor who now views the homeowner as a renter in default.
19. The Institutional Predatory Investor who holds the Deed is styled by BOA and the trained BOA “Relationship Representative” as the “3rd Party Underwriter,” the “Private Investor," “The Underwriter.”
INSERT: Home Retention Group is a Bank of America Vendor. They are a subsidiary of Stewart Lender Services, Inc. They forward mail to the Institutional Investor; the entity that has hired them; the secret Note-Owner. Look for wording on Bank letterhead - documents that read "Bill Third Party." Any lawyer representing a victim where Home Retention Group was the designated recipient of their clients communication with Bank of America should be highly suspicious; subpoena the billing records. Subverting mail is a RICO violation.
20. If the postured MODIFICATION is still ostensibly in process, all communication with the homeowner by Bank of America, is filtered through the Institutional Predatory Investor who has purchased the property and is guiding the process of eviction with the help of one of many foreclosure arms of Bank of America. There is a significant foreclosure sub-servicer industry that has grown up around this theft scheme. When we evaluate in more detail our individual cases we’ll see this more clearly.
21. With this in mind the process of eviction (falsely styled as dual tracking) is outsourced to a company like Equator. The various instruments filed with MERS and not with the local Registry of Deeds Office where the paper trail might be seen and questioned, is prepared by Core Logic and, or, by a local attorney at the direction of whatever foreclosure arm of Bank of America; acting as the servicer (Mafia like enforcer) of the theft scheme.
22. Thus there is no; and cannot be any auction to the public since this would negate the price fixing / equity skimming fraud and goal of renting the property until interest rates rise gaining the optimum profits for the Predatory Institutional Investor / feeding more US properties into the securitized pools.
23. The shame and distress associated with this prospect of a public sale is a tool used to shame and intimidate the homeowner toward the fraudsters’ goal of manipulating the homeowner from the property without due process. Public Auction is the last thing the fraudsters’ want since in effect this secret foreclosure by Assumption per Warranty Deed took place prior to the conclusion of any negotiation or application for a modification between Bank of America and the homeowner. For this reason, every letter sent from Bank of America threatening this auction on the courthouse steps is a deliberate ruse to conceal the chain of conspiracy and “secret presale” of the property and future viability of a transfer into the “securitized investment.” This is – Foreclosure by Assumption by Warranty Deed. This is not the traditional foreclosure where the homeowner is entitled to due process as well as a review of their application if this happens to be a HAMP application.
Every one of our properties has, so far, reflected this pattern of practice.
The rule, from the 1934 Securities Exchange Act, reads:
It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality
of interstate commerce, or of the mails or of any facility of any national securities exchange,
(a) To employ any device, scheme, or artifice to defraud,
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in
order to make the statements made, in the light of the circumstances under which they were
made, not misleading, or
(c) To engage in any act, practice, or course of business which operates or would operate as a
fraud or deceit upon any person, in connection with the purchase or sale of any security.
24. For the same reasons there will never be a Sheriff’s Sale. The property will never be offered to the highest bidder on a level playing field. This is price fixing. Oversight by any impartial judicial process is avoided at all costs. Although the homeowner has no idea that the house has already been sold and they are reduced to renter status / renters in default and treated heartlessly and contemptuously as such by the Institutional Investor who has stolen the property.
25. The REO Investor now appoints a listing Office to posture a valid sale to the public. This is called an REO Resale. In the Case of Ms. Clair the REO Investor is Keller Williams, Broker is Wayne Boyd. Boyd’s firm (Keller Williams) is the Listing Office and he is named as the Listing Agent. See the MLS Listing for 65 Pinehurst Drive, Oakland, TN and the ways that Wayne Boyd deflected to two other Realtors in order to conceal the initial theft of the property and the corruption and sabotage of the HAMP Application.
26. Enter the Bank of America foreclosure team. Trained local Realtors who go through Bank of America, Equator, and Core Logic training whose goal is to get the homeowner out of the property without due process (offering cash for keys, bullying, lying, intimidating) since it must be concealed that the home was already sold months beforehand to the Predatory REO Institutional Investor.
27. For this conspiracy to function at the residential property level three steps need to transpire.
1. The home is represented as distressed and, or, abandoned.
INSERT: or some other fraud narrative is inserted into official Bank records. Read my blog on Linda Howard and Nationstar Mortgage. This fraud narrative is relied upon as phony authority to carry out the carefully engineered default: theft by deception/robbery goals of the white collar criminals aka the REO Private Investor Group.
2. The home is undervalued with a false appraisal usually by the locally connected REO partner. In my case: Keller Williams - MEM 2, LLC. What I label in my Civil RICO case as the Jones, Kelley, Boyd Perpetrator Nexus.
3. The homeowner is manipulated or forced out without due process.
The home is represented as distressed or abandoned.
True or not this claim of the house being abandoned provides a veneer of legality and justifies the IRS 1099A and all the benefits and tax write-offs associated with HUD incentives and, or, preparation of the house for rent. In most cases only cosmetic changes are needed. See photos of Ms. Clair’s home and note the HUD number on the last instrument – Deed of Trust – sale to Vernon Wayne Boyd who already owned the property and was styled as the “underwriter” during Ms. Clair’s HAMP ruse. Note the commonalities associated with our list of properties transferred to FREO Tennessee, LLC and rental language in the last Deed of Trust filed by the Boyd’s.
The home is undervalued with a fraudulent appraisal by the locally connected REO partner.
In the first transaction of 65 Pinehurst Drive the deed was “conveyed” for 149,548.60 and then purchased by the REO listing Agent for 171,674.42; this price represented as a valid and accurate appraisal. The 2012 tax records estimated the home’s value at 265,500.00. Note the fraudulent assertion of the value of the property as is the case with all the properties transferred to FREO Tennessee, LLC.
INSERT: Subsequent evidence uncovered by me shows that the first sale of my home to the REO con-artists was for $100,000 per a JP Morgan Chase Bank loan on 5/16/2012. With secret change of Servicer from Bank of America to a third party Mortgage Servicing Company on 5/19/2012. The sale referenced above was the second ($149,548.60) and third ($171,674.42) of five flips. This is the white collar criminals laundering the chain of title in the same way that illegally gotten drug money is laundered with each flip of the theft asset (my home) taking place among the same REO Private Investor Group; increasing valuation per fraud serving appraisals. Scroll down and read OPEN LETTER TO DR. BEN CARSON - HUD used to facilitate fraud.
The homeowner is manipulated or forced out without due process. This will be explored for commonalities among our 52 possible cases. In the case of Ms. Clair she was told a judge had ordered her eviction which was a lie. She was also aggressively harassed and badgered by the Bank of America trained foreclosure agent (Hattie Brawley of ERA Chamberwood Realty Group) who later obtained the listing of the property and without offering it to the public, sold it in a possible fourth or third transaction to the REO Predatory Investor for $190,800.00.
28. The REO local investor is indemnified to act at the local level. This explains why Vernon Wayne Boyd was represented by the specific insurance company who specializes in insuring against risk associated with this equity skimming scheme, making them a party to the conspiracy.
(First American Title Insurance Company). My attorney Webb Brewer, during the time he represented me, failed to disclose their role, nor that certain letters were being copied to them. Only after I fired him on 6/10/2014 did I begin to research the damage done by First American Title Insurance Company. Failing to conduct even minimal due diligence. Insuring stolen property subjected to an easily recognized Property Flip Scheme they conveyed to every future lender engaged in laundering the chain of title that here was a property free from fraud and conflict of interest.
29. In order to conceal the sale, styled as the “conveyance of the Deed,” all communication with the homeowner is handled by one of several foreclosure arms of Bank of America. The job of the so called “Relationship Representative” and, or the Point of Contact is not to facilitate, but to sabotage. Every phone call is basically a lie. They are not working with the Retention Department of Bank of America; but the outsourced Foreclosure Arm of Bank of America, and, or the Predatory Investment Group. Read Ms. Clair’s record of phone calls with her Bank of America point of Contact, Sherry Rupp. (Sherri Rupp, Joseph Daniel aka Joseph Fistula, Muriel Adams: VP of Bank of America, N.A. and also an alleged robo-signer.)
30. In 2011 Bank of America realized they needed to add another layer to the fraud scheme. There might have been a few law suits settled out of court which motivated this. To legitimize this much utilized chain of fraud and have an additional deflection-tool they launched the "Cooperative Short Sale" in order to bypass the HAFFA Regulations and allow this chain of conspiracy and theft to continue uninterrupted. In this scheme they do what they've already been doing. The Deed is transferred to the local REO Investor who has ninety days to sell the property. In the case of Ms. Clair the local investor sold the house to himself and forced Ms. Clair from the home via lies, coercion, intimidation, and harassment. Read Ms. Clair's notes on her experience with Christopher Kohl. Read the details of his refusal to entertain a purchase offer on 65 Pinehurst Drive, fielded by Ms. Clair's realtor. Read the witness statement...
31. Or, they sell the property back to the original Institutional Investment Group who already holds the Deed funneling this through a trust, and, or, a temporary LLC.
In my case possibly one of two family trusts associated with the REO Investors aka the Jones, Kelley, Boyd Perpetrator Nexus. The Lennie Faye Kelley Living Trust or the Charles L. Kelley Living Trust. Keller Williams realtor, Vernon Wayne Boyd is Kelley's brother.
32. Bank of America's goal is to:
a. Accumulate fees; where they make a good deal of their money.
b. Misrepresent the number of modifications they are actually processing to the federal government.
c. Protect and deflect from the chain of conspiracy.
e. Funnel non performing mortgages to the Institutional Investment Group. (Absent a public records footprint)
f. Sabotage applications, corrupt the application process, obstruct and lie to the homeowner desperately attempting to keep their homes.
g. Rubber stamp the fraudulent low appraisals to benefit the Institutional Investment Group allowing the first purchase in the conveyance of the Deed for an extremely low price; a price never offered to the homeowner and, or, to the buying public.
(Conflict of interest, arm in arm, Price fixing by a Criminal Enterprise with a national footprint of operation.)
Information about MERS. Link below.