HAMP FRAUD SCHEME; Property Flip Equity Skimming Scheme / Civil RICO Private Right of Action

Please also read: MOTION FOR RECUSAL...  That our largest banks can obstruct justice, influence outcome at a federal district court is dangerous to the public welfare. Link below.  

The case I filed April 20, 2016 
is now a matter of public record.  Case Number below.

What impacted me, and resulted in theft of my home was, to put it in very simplistic terms, a HAMP Fraud Scheme.  It has been very difficult for people to identify the components of an illegal system that begins with the Bank HAMP Servicer entity and the boots on the ground REO (Real Estate Investor) conflict of interest relationships.  This arm in arm illegal collusion has targeted untold numbers of at-risk properties for Theft by Deception in ways that leave homeowners defenseless.  This has resulted in illegal transfer of wealth largely ignored and not adequately prosecuted. Seniors are especially targeted by these Real Estate Fraud Schemes that may or may not involve HAMP.  Having lost everything these clients are not attractive to the legal profession.  At one time the law was thought of as a moral, intellectual, and even spiritual calling.  If those lawyers exist I haven't met them.  

Here is a link to an excellent overview written By, Shelley Erickson, January 18, 2013.  


Without an attorney and with little or no funds state courts are not an option for most of us.  We are effectively disenfranchised.  You might consider the Federal Court System and particularly RICO.  

Abandoned of legal council I had to make a choice.  Move froward or let justice die.  At some point I began to feel less like a victim of a toxic and horrific assault I didn't understand and could not quite grasp.  I began to focus on the faces that research presented as fellow targets.  For the sake of the untold numbers of families and seniors similarly defrauded by white collar criminals I decided to pursue an investigation.  I felt if I could file this case against what amounted to a Criminal Enterprise whose sole endeavor is theft of residential homes from average citizens by nefarious means I might arm other persons to recognize what happened to them.  As I was informed by the many other cases I read I want people to recognize the chain of theft that may have in part or in whole impacted them as outlined in my Civil RICO Private Right of Action.    

RICO, you may know is the Racketeer Influenced and Corrupt Organizations Act.  It was enacted 10/15/1970 as Title IX of the Organized Crime Control act of 1970.  Statute of limitations (four years from the last predicate act or... when you acquire the information to recognize that you were a victim of fraud) is adopted from the Clayton Act. RICO provides for civil remedies as well as criminal remedies and was originally codified to deal with the mafia, but has today a broader application which includes the right of average citizens like you and me to file cases under these statutes.  18 U.S.C. 1961-1968.  

Civil RICO can not put the perpetrators in jail. That option under Criminal RICO is for the Justice Department or for Federal Cases filed by prosecutors. However, every Civil RICO Case calls attention to this chain of theft that has corrupted our public land registration system and put untold numbers of title of real property in jeopardy.  It is my belief that as more of this comes to light our legal system will be dealing with this corruption for decades to come. Calling attention to what people don't want to see is a challenge.  You'll be invited to think of yourself as a trouble-maker somewhat obsessed and mentally unhinged.  As a Bank of America attorney told me.  "You need help and not the legal kind."  

I've read several overviews of RICO.  The one I liked best and found to be the most novice-friendly, can be found on line, downloadable in a PDF file, from a law firm called Jenner & Block / link below.  Print it and read it with a highlighter.  If you call them I hope you have better luck than I did.  No one it seems wants to face off against the criminal segments of the financial industry. Law Firms situated to take on these cases want "BIG" cases that bring little or no remedy to individual, average citizens.  

In RICO one is not bringing suit against an individual person or a single business or entity.  Damages are preset by law.  Triple the amount you lost; no personal damages for pain and suffering.  For this reason a RICO Case has to focus on the facts, pattern and practice, the chain of fraud as shown by provable connections and predicate acts of unlawful action.  In this type of Property Theft and also HAMP Fraud, mail and wire fraud is always a factor as is, bank fraud... where your home ended up should be carefully explored. This because the Title of your property is always (ALWAYS) laundered in the same way that stolen money is laundered by criminal organizations and entities. One is bringing suit against the criminal enterprise; the arm in arm, conflict of interest network that targeted homes and families all across this country.  My case centers on robbery, bribery, and extortion; not to mention the numerous corrupt filings in the public land records.  Corrupt by what is there and what is strategically omitted in order to conceal the chain of theft.  

As many of you know, because I have written about this before and even done a few interviews, my home was targeted for theft by a local REO Investment Group. They networked with Bank of America and the Bank of America Vendor System to purchase my home while I was still in it and with no disclosure to me.  This is accomplished by separating the Note from the Mortgage which was considered illegal by courts before the existence of Mortgage Electronic Registration System. With the property already "spoken for" my HAMP Application was never submitted to standard HAMP Protocols for consideration.  The fix was in.  Sadly, what happened to me was standard operating procedure for Bank of America and other HAMP Servicer entiteis. I propose that if you lost your home via any version of the HAMP Fraud Scheme we share many commonalities in what transpired.  And if you ever tried to bid on one of these properties and found yourself shut out; you were defrauded on the other end of the fraud scheme.   

I was targeted as vulnerable for what I was going through at the time and I think also because I was a senior citizen who appeared to lack the ability, the resolve, or the tools to pursue justice.  My home was targeted for its significant equity in that, although an average home, I was not upside down on my loan.  What impacted me was a particular twist on the very common White Collar - Property Flip/Equity Skimming Scheme as described by several federal law enforcement groups and websites. Usually overvalued, my home was undervalued per corrupt appraisals.  Read about these types of White Collar Crimes and decide what may have impacted you.  Use that language in describing what happened since this will resonate and make sense out of the turmoil of what you may have been subjected to.  

For myself there were several times when further investigation revealed that I was initially wrong.  There was a particular person tied to this REO Investment Group that I cared deeply about, considered a friend.  I just didn't want to believe she could be connected in any way with what happened, although people told me she was.  Finally the evidence came to roost.  Don't be discouraged if evidence points you in a another direction or toward a truth that may be personally hurtful.  Inform knowledge and keep on in pursuit of the truth.  See the big picture.  You are not alone and many stand with you who have no means of articulating the common criminal means of greed driven theft that is not unique to you and I.   

Although thousands upon thousands of HAMP applicants experienced the same, too many do not fully recognize the train that hit them and cost them untold hardship and grief.  Many of these properties are eventually transferred into companies like Pretium Partners who are bundling rental properties as a commodity to be bought and sold on Wall Street; controlling and manipulating the cost of housing as a commodity. Until that criminal scheme also implodes; driving our country into further debt and undermining the health and well being of those families that make up our nation.  We've already had one housing crisis and we are heading toward another.  The implications of these partnerships as Banks and the REO - Bank Vendor connections feed this market... as residential homes are internationally and corporately owned is staggering to consider.   

My case, which I think of as a case for other victims of this same criminal system, is filed and now and is a matter of public record.  

U.S. District Court / Western District of Tennessee

The case reads: Clair v. Bank of America, N.A. et al
The case number: 2:16-cv-02263-SHL-dkv

I must say I'm so proud to be an American.  I'm grateful that I could file this case in federal court when all other doors were closed to me.  What criminal organizations thrive on is darkness and secrecy.  Many rationalize their criminal behavior to the extent that they imagine targeted victims deserve their losses; pain and suffering.  Having been told over and over again that I couldn't do this I didn't set out to prove anyone wrong.  I set out to open a door, a window, a record by which light can seep in to expose the underbelly of these kinds of property crimes.  And, I want justice.  The justice my case deserves, the hearing that law allows, and help for others that were defrauded.         

If you read my story as described per this case please know that I didn't write this case as a perfect document.  I couldn't approach the task in that way since I'm not a lawyer and although I've searched no lawyer is willing to help me. I would guess I've been effectively slandered by those who failed my case. I'm hoping that will change.  I need a hero or heroine who has the legal skills I lack.    

I was additionally rushed and pressured by time.  In the past I had trusted and relied too much on attorney's whose sole intent was to contain and limit my case in service to the Criminal Enterprise Cohort.  For this wasted time I was pressured to file my Civil RICO Private Right of Action Case before April 25, 2016 and brought it to the Federal District Court in Memphis, TN for filing on April 20, 2016.  I filled out an application for pauper status, since if justice had a price tag I would be... and most of you would be entirely and totally disenfranchised.  Under RICO the statute of limitations is four years although I was lied to about this. I was lied to so often that it is truly staggering to consider.  I was finally bullied, threatened, and forced from my home by the decoy real estate company on April 25, 2012. Thus the rushed filing before April 25, 2016.  

We have a right to due process.  My rights were consistently obstructed and sabotaged.  Filing in Federal Court under Federal Laws is a different playing field.  My right, and your right, to a fair consideration of our cases, imperfectly written as they may be, is informed by reading:  
42 U.S. Code § 1983 - Civil action for deprivation of rights

If my case is turned down I plan to appeal the decision.  I was asked by one of the defendants a year ago, "Why don't you give up?"  My answer was, "Because these people are criminals."  It comforts no one that this is recognized, but largely ignored. The common practice of consistently perverting legal structures and legal procedures to accomplish illegal purposes, Theft by Deception, hurts our entire democratic system.  

I sincerely feel the angst of countless other victims to whom I know the Lord Jesus Christ has charged me with a certain responsibility.  Some of their stories revealed themselves in the document trails I explored. I also plan to amend my complaint as written.  I'm awaiting the results of FOIA requests and some other research. And there are too many run on sentences... that I didn't have time to properly edit. This is the perfectionist in me that I finally had to silence in order to meet the time constraints per the statute of limitations for Civil RICO.      

What is FOIA?  The Freedom of Information Act.  Under this Act you can (anyone can) obtain documents that would otherwise be hidden.  By this I learned that Bank of America lied to a federal agency when they said my HAMP Application was under "active review." Year end filings lied to the IRS and defrauded tax payers. From FOIA I learned that Bank of America lied when they claimed I was not submitting HAMP Applications and my home was abandoned and derelict.  These slanderous assertions corrupted Bank records and was, of course, entirely false.  This system that overwhelmingly disenfranchises victims from recognizing the corrupt and toxic chain of theft was deliberately and strategically constructed for that purpose.  A fictitious history inserted into bank records and seeping over into other structures is beyond the general ability of us to know at the time that we are being defrauded.  This system is designed to protect the criminal operation while greasing the chain of theft.  

I have to say that when I started this I didn't know the difference between a Warranty Deed and a Deed of Trust.  I trusted these official looking documents having no idea how our public land records and countless Land Titles have been corrupted.  The Cook County Property Fraud Unit claimed, "it is easier to steal a house than a car in the United States of America."  Follow Marie McDonnell Property Analytics.  Read those cases that have used her as an expert witness.  Read the audits she has conducted at the local land registration level and the connected cases that are a matter of public record.  I'd like to see her publish that list on her website with associated links. The last Audit being, I think, the City of Seattle, Washington.  An important document and learning tool as you decide to prepare your own case.

In regard to FOIA, the advice I would give here is to keep asking for what you know must be present. When my instincts, informed by other investigation told me one thing and a person in authority told me something different, I chose to follow my instincts. For the most part I found people to be patient with my questions. You are communicating with average public servants who might be having a bad day, or may just not understand what you are asking for. At least twice I was asking for information from the wrong federal agency. Rewrite the wordage of what you are asking for to mirror the language by which certain forms are described in the procedural manuals.  This takes research, but as I amend my case  some of what I asked for can be read and might be helpful to others. 

On the other hand there have been times when I have been deliberately obstructed.  Here I would say, don't give up.  Duplicate requests in that what is included and what is left out of a package - when you sit down to compare - can be very informative to understanding the chain of theft. So... write back and send off another request explaining the need for lawful disclosure.  Oh... and buy a magnifying glass.  Many times I was sent documents with print so small it was unreadable.  And don't assume that everything redacted is legally allowable just because that bold black line is smeared across information you need.  Most of the time this information is already in the public domain and you can appeal the decision that served to hinder, limit, forestall your investigation by such an act.  

This morning God gave me Psalm 35.  This is a Psalm of David when he was besieged by the corrupt King Saul.  At times David was powerless and could only turn to God for justice and to accomplish what he could not.  I can't tell you how many times I went to bed at night totally overwhelmed by what I didn't understand.  But with a prayer on my lips.  And I would rise in the morning with clarity.  This psalm ends: Let them shout for joy, and be glad, that favor my righteous cause; yea, let them say continually, let the Lord be magnified, which hath pleasure in the prosperity of his servant.  And my tongue shall speak of thy righteousness and of thy praise all the day long (Psalm 35: 27, 28).  

My plan is to publish my case with commentary describing the back story.  I had no intention of being stuck in a running soap opera, but many times that is what life felt like.  I haven't gotten around to writing the back story quite yet.  I'm getting ready for what happens next.  But watch for that book.  As an aside... I'm quest preaching Sunday.  If you're in the area join us for Mothers Day.    







IS WATER THE SPECIAL DOMAIN OF EVIL SPIRITS? I was asked this question / read my answer below and ask: What does an alarmist concept steal?


SLANDER: A Personal Perspective


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