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Sample complaint for 2016 campaign

November 3, 2016

This is the first effort of a new association for homeowners and consumers which is proposed, the American Home and Town Wealth Association (AHTWA).  A group of homeowners is working to collaborate and take action as a group independent from lawyers, agencies, lender "partners" etc.  Contact us if you would like to share your information and explore options that can save you time, money and grief as well as be a partner and share your skills.  We are under construction but keep your eyes open as this is just a start.

Feel free to modify and send to President Obama, Hillary Clinton and Donald Trump! And your state and local officials.

To Whom It May Concern:

We are writing this letter in regards to the recent Wells Fargo scandal and actions by the Consumer Financial Protection Bureau (CFPB) and the Special Inspector General for the Troubled Asset Relief Program (SIGTARP). to address fraud and harm done to homeowners and consumers.

Wall St banks and servicers have stolen the homes of possibly millions of homeowners such as us across the country by the proven fraud and evidence we have seen in our fight to save our homes.

One of our concerns, is that we have provided evidence that is much worse than the Wells Fargo phony accounts scandal yet no action was taken as laws and settlements continue to be ignored.

Our only option, not only for ourselves but for the good of the country as SIGTARP Christy Goldsmith Romero eloquently stated in a report on fraud and abuse of TARP, is to make our issues public and call for a moratorium on foreclosure sales and on any any harmful action against homeowners that continue to be trapped or had their homes unfairly and unlawfully taken from them. There must be investigations into officials and entities that haven failed us and our country.

The basis for our request is common sense and fairness, basic principles of our Constitution and our Constitutional rights to due process and equal protection under the law of our lives and property.

We have experienced the same abuses that have been publicized in the Wells Fargo scandal and worse that SOME elected officials are bringing attention to such as CFPB Director Cordray, Congressman Jeb Hensnarling on too big to fail, Senators Elizabeth Warren and Bernie Sanders on bailouts and audits, Congresswoman Waters on the capture of federal agencies and SIGTARP Christy Romero on fraud, abuse and lack of oversight of funds. 

There is a preponderance of evidence of past fraud and unlawfulness as well as judgments against these Wall St lenders/entities and we have specific evidence that they have not changed their ways. The corporate culture is to have no regard for harm done to anyone as in the Wells Fargo case. Violations such as phony accounts and worse are routinely ignored or dismissed by officials and every agency, it seems, due to the systemic bias against homeowners in foreclosure and any individual or consumer at the mercy of Wall St.

This is a an urgent and ongoing crisis that cannot continue to be used as a political football in this 2016 campaign season or after the election.

In a Los Angeles, CA case a homeowner experienced the following:

Homeowner was denied the paid note on refinance then misled for 6 years that loan was paid off.

False offer made to change loan by own lawyer and Chase.

Mistreated by city official at hearing where city took rental income and left homeowner with no money to survive or defend home as homeowners were denied $300,000,000 in legal assistance and aid per the settlement with Chase and Wall St "banks".

Misled by city officials that Chase complied with city registry although never enforced and city lost millions.

Probable fraud by Chase, against city and possibly other agencies, ignored while homeowner was charged as a criminal when it was impossible to comply with the city.

Various misrepresentations on a $500,000 forgiveness offer; Chase may have received $500,000 tax credit or other benefit.

City held around $15,000 of homeowner's rental income at the time homeowner was being threatened with jail BY THE CITY and trying to save his home.

Instead of addressing violations of Homeowner Bill of Rights, the National Mortgage Settlement (NMS) or with good faith offer to work with rental income held by the city, Chase chose to transfer the purported loan to nonbank PennyMac, although disputed and serious questions of fraud were raised. 

While CEO Jamie Dimon was printing a PR report for a group of investors led by the Sisters of Charity of Saint Elizabeth, an organization of nuns in late 2014, Chase was dumping the purported loan instead of doing the right thing. This report claims: “We face facts We must build a culture based on truth, knowledge, constructive debate, a passion to succeed, and the courage to face and fix mistakes.”

PennyMac then ignored the law and forced through an unlawful sale dismissing the Truth In Lending Act and influencing the city to go forward with an unlawful eviction.

Homeowner made his case, although unable to go through with a jury trial. Unlawful detainer Commissioner stated he could “get his home back” in civil court. Homeowner preserved his rights to ownership and title but was forced to vacate his home under protest.

Among the facts Chase or PennyMac would not face or fix were:

Providing different originator information to the OCC, which was ignored by the OCC and CFPB;

Phony MERS record that showed different dates and then was completely removed, which was ignored by city officials;

Fraudulent documents purportedly provided to PennyMac by Chase which failed to verify the debt as required by law. These documents reflected a different interest rate, even a different address, missing signature, a fraudulent loan history starting 4 years after claim to be “investor” and missing disputed nearly $300,000 corporate advance, note copy with suspicious endorsements, removal and manipulation of loan entries in credit reports;

Fact that the purported million dollar plus debt was fraudulent as they finally admitted the previous $450,000 possibly fraudulent loan was not paid off;

PennyMac provided documents that were clearly fraudulent or unreliable evidence of a valid transaction as noted above which the city allowed;

PennyMac also provided the court documents for the wrong property.

Request for action:

Moratorium or enforcement of city ordinance, state law, Constitutional rights to stop sale of property to third party;

Return of $30,000 to $60,000 of rental income and investigation of city registry enforcement and corruption of the Housing department or review legal complaint per staff of City Councilman Gilbert Cedillo;

Legal aid to file lawsuit reviewing all issues and NMS guidelines;

Investigate use of $300,000,000+ legal/aid funds per NMS and other judgments;

Use case for whistleblower actions and to identify other victims;

Review case for Homeowner Bill of Rights Grand Jury investigation.

Only partial listing of the past 8 years of fraud and deception.

Officials

 President Barack Obama 

Senators Barbara Boxer, Diane Feinstein

SIGTARP

Congressman Becerra

State Assemblyman Gomez

Governor Brown

AG Harris

County Supervisor Solis

Mayor Garcetti

Councilman Huizar, Cedillo

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