It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family. www.ithappenedtous.com
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It is happening across America
National Foreclosures



The Articles No One Is Supposed To Write or Read
true stories of pain, misfortune and abuse


We did not write these articles, but we applaud the brave journalists, editors, and publishers who did. We pray for the pain of the victims they are written about. We pass the articles on to fearless Americans who can help make a difference. Please get involved and help fight injustice. Read and share our story and the stories of millions of other families who have lost their homes with your networks. Help us spread the word.

We make every effort to keep the links to the below articles current. However, many of the links change frequently or the abuse stories are hidden and gag orders are placed on the innocent homeowners. We have made and are making PDF archives so the stories are not lost or hidden by the Mortgage Robbers. Please let us know if you have trouble accessing any of the articles or PDFs.

*We are actively adding the rest of our articles to the individual state pages. Please remember to refresh your browser when you visit this page to make sure you see the newest and most recent articles. Please also feel free to send us any articles, cases, or stories you come across, whether older or recent. Wrongful foreclosure does not stop with an adverse judgment or eviction. It creates a life sentence against an innocent victim's financial reputation. For many, the post-foreclosure attacks have exposed them to more fraud, villainous assaults, and damages than the underlying wrongful foreclosure actions. JPMorgan Chase, Wells Fargo, HSBC (Hong Kong Shanghai Banking Corporation), PHH Mortgage, and Coldwell Banker Mortgage are the banks we have been fighting in our battle. Our research demonstrates several of these entities own, operate, and are connected with many of the major players in the foreclosure crisis. More on this later...

Beware! These true horror stories are not for the faint of heart.


National Foreclosures - It is happening across America


Featured Article


Mortgage paperwork mess: Next housing shock?
The Banksters are creating fake documents to steal homes. They fake signatures, ownership, notarizations...you name it...they have done it. This means they have and are creating counterfeit assignments, notes, mortgages, and property titles. Not only are they destroying lives, but they are rendering county land records across America null and void. When the banksters are missing paperwork required under the regulations, they just create it. They did it to us. They can do it to you.

Can anyone explain why banksters are not prosecuted just like anyone else would be for breaking state and federal laws?  What would happen if you or your neighbor made a counterfeit document (money, birth certificate, car title, drivers license, fake federal ID) to meet some type of ID requirement, financial obligation on federally regulated document, or to steal millions of dollars from an innocent banker? You would probably be on your way to a cell, and it would not be padded. As long as America remains a free nation, every citizen must be treated equally under the law. That is why we have the rights to defend against our accusers, due process, and other such rights granted to us in our Constitution.

Justice for all is the cry of the free nation. Justice cannot allow an alternative justice to exist for the banks or for a few select people who have been bought and paid for by the banks. The Banksters do not get this and they have not and do not abide by this. Apparently no official in Montana or Idaho gets it either as none of them have been willing to require the banksters to simply follow the law. All laws are in place to have stopped our victimization years ago. However, a law that is not upheld or enforced is nothing more than a counterfeit law. The housing crisis is proof our country is currently being run by counterfeit laws. Mistakes happen in any business. The acts of these banksters are not mistakes or simple errors of process. The banksters are intentionally and maliciously foreclosing on America without cause or right with fake IDs.

When went to Washington D.C. to try and stop this assault on our homeland, our hope and prayer was Washington D.C. would not be scared of the banksters and that we could find leaders on Capitol Hill and in the watchdog agencies governing our nation that would be willing to stand up to the banksters and save our land. This is not a Nickerson only issue. It is not state specific or partisan controlled. This is an American issue. Over and over the banks and public officials have told us, If the banks want the property, they just get them. It is so terrible, but it is just the way it is. Maybe you are one of those who has said this to us. Shame on you! Where is your sense of patriotism and civic duty? Where is your brain? What are you going to do when they decide they want your property? The banksters came for us, and you can bank on the fact if they are not stopped, the banksters will eventually come for you. Stand up and fight. Say, No More. End this assault. Get involved saving America before it is too late!

Read this article by Scott Pelley and see how the banksters and mortgage robbers have been getting away with mortgage theft.
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Tags: National
Source: http://www.cbsnews.com/news/mortgage-paperwork-mess-next-housing-shock/
Article by Scott Pelley, April 23, 2011

 

  




Wells Fargo Admits to More Than 500 Wrongful Foreclosures
Wells Fargo blamed a calculation error for resulting in foreclosures on hundreds of homeowners who instead should have been helped by the bank. The finance giant acknowledged this week that it had improperly foreclosed on 545 distressed homeowners after they had requested assistance with their mortgages.
In total, Wells Fargo said 870 homeowners were wrongly denied help. More than half of that total ended up losing their homes.
“It is really astounding that it has taken so long to find these problems, and it is not at all clear that this is the end of it,” Alys Cohen, staff attorney for the National Consumer Law Center, told The Washington Post. “A homeowner in distress deserves better. Why don’t we know more about how this happened? And where are the regulators ensuring that homeowners get fully compensated?”

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Source: https://magazine.realtor/daily-news/2018/11/08/wells-fargo-admits-to-more-than-500-wrongful-foreclosures
Article by National Association of REALTORS, November 8, 2018





Wells Fargo CEO avoids major stumble at heated congressional hearing
Democratic and Republican lawmakers on Tuesday pressed Wells Fargo & Co Chief Executive Tim Sloan for proof the bank has put a string of consumer abuse scandals behind it at a tense congressional hearing that saw Sloan firmly on the defensive.
One of the harshest blows was dealt after the hearing by a key regulator, which said in a statement it was “disappointed” Wells Fargo had not made more progress fixing its corporate governance and risk management.

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Source: https://www.reuters.com/article/wells-fargo-congress/wells-fargo-ceo-avoids-major-stumble-at-heated-congressional-hearing-idUSKBN1QT2B5
Article by Pete Schroeder and Imani Moise, March 12, 2019





As Wells Fargo CEO Draws Bipartisan Rebuke, OCC Takes Swipe Too
“We continue to be disappointed with Wells Fargo Bank N.A.’s performance under our consent orders and its inability to execute effective corporate governance and a successful risk- management program,” Bryan Hubbard, a spokesman for the Office of the Comptroller of the Currency, said…
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Source: https://www.bloomberg.com/news/articles/2019-03-12/wells-fargo-gets-occ-rebuke-during-ceo-s-congressional-hearing
Article by Hannah Levitt and Jesse Hamilton, March 12, 2019





OCC Terminates Mortgage Servicing-Related Consent Order Against HSBC Bank USA, N.A., Issues $32.5 Million Civil Money Penalty
2017 Press Release from OCC. OCC slaps another mortgage terrorist on the wrist. The U.S. Treasury gets $32.5 million. The homeowners lose everything. If anyone out there knows OCC CEO Bryan Hubbard, please tell him the Nickersons would like him to read our story and see how well these civil penalties have and are deterring HSBC and their accomplices from continuing to commit fraud and property identity theft. HSBC is not in compliance. HSBC has never taken any responsibility for the criminal actions being committed against us in their name. Watchdogs have to actually be willing to bite if they are going to effectively deter intruders.
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Source: https://www.occ.treas.gov/news-issuances/news-releases/2017/nr-occ-2017-5.html
Article by Bryan Hubbard, January 9, 2017

 

Lawsuit JP Morgan-Jamie Dimon: $Billions In Fines For Mortgage Fraud Then Caught Paying Fines Using Phony Mortgages

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Tags: National
Source: https://politicalvelcraft.org/2017/10/17/lawsuit-jp-morgan-jamie-dimon-billions-in-fines-for-mortgage-fraud-then-caught-paying-fines-using-phony-mortgages/

 

HSBC to pay over $100 million for cheating clients
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Source: http://money.cnn.com/2018/01/19/investing/hsbc-us-currency-fraud-fine/index.html
Article by Jethro Mullen, January 19, 2018

 

HSBC Bank Executives Face Charges in $3.5 Billion Currency Case
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Source: https://www.nytimes.com/2016/07/21/business/dealbook/hsbc-foreign-exchange-investigation-currency.html
Article by Alexandra Stevenson, July 20, 2016

 

HSBC reaches $601M settlement over charges of 'abusive mortgage practices'
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Source: https://www.housingwire.com/articles/36219-hsbc-reaches-601m-settlement-over-charges-of-abusive-mortgage-practices
Article by Ben Lane, February 5, 2016

 

Public has right to see sealed HSBC money-laundering report: judge
A Brooklyn federal judge ruled Thursday that the public has the right to see a sealed report that HSBC fought tooth and nail to keep private...The ruling should send shivers up and down Wall Street, where other big banks have struck deals with the government to keep such reports private. Apparently HSBC and the other banksters think it is unfair for the public to know the truth about all their evil deeds. Amazing!
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Source: http://nypost.com/2016/01/29/public-has-right-to-see-sealed-hsbc-money-laundering-report-judge
Article by Kevin Dugan, January 29, 2016

 

HSBC picks insider John Flint as chief executive
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Tags: National
Source: https://www.ft.com/content/fa6fa976-af37-11e7-aab9-abaa44b1e130




 
Here's what the new CFPB director should change
Under CFPB Richard Cordray, the bureau told banksters, they should look closely at their processes and clean up whatever is not being handled appropriately. He said, it would be "compliance malpractice" for executives not to take careful bearings from the contents of these orders about how to comply with the law and treat consumers fairly. HSBC, Wells Fargo, JP Morgan Chase, PHH Mortgage, Coldwell Banker, and their accomplices obviously did not understand these orders in regards to their assaults on our family. When Mick Mulvaney became the new CFPB Director, we prayed he would do what is right for our family, and for all Americans. Now Kathleen Kraninger has taken the lead. Is there anyone willing to actually make these banks do the right thing? We are still waiting and praying...
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Tags: National
Source: https://www.housingwire.com/articles/print/41890-heres-what-the-new-cfpb-director-should-change
Article by Sarah Wheeler, November 26, 2017.



OPEN LETTER TO CURRENT CFPB DIRECTOR

We need your help. America needs your help. Please make it clear to these entities that compliance means obey the laws of this land, do what is right, only conduct business with good faith and fair dealing, and thou shalt not steal. We have a solid case with evidence, witnesses, documentation. It has been offered to the CFPB under your predecessors. Please, if you can, help us save our home and stop the assault on our family.

Because it happened to us and can happen to other Americans,
The Nick and Donna Nickerson Family
 
 
Dems unload on CFPB’s Kraninger: ‘You are absolutely worthless’
“If the consumer bureau can’t get relief for consumers who have been harmed — and you admit they’ve been harmed — then what are you doing?” asked Rep. Carolyn Maloney, D-N.Y., early in the hearing. “If you’re not following direction from your staff to help consumers that are harmed, then you are absolutely worthless.”
In another heated exchange, Rep. Joyce Beatty, D-Ohio, asked why the CFPB had not issued any fair- lending violations in a six-month period, citing a CFPB report.
"This was the first time in history when there was no discrimination in six months. Do you really expect me to believe that?" Beatty asked.

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Tags: National
Source: https://www.americanbanker.com/news/dems-unload-on-cfpbs-kraninger-you-are-absolutely-worthless
Article by Kate Berry and Neil Haggerty, October 16, 2019





Featured Article:
Mortgage paperwork mess: Next housing shock?
The Banksters are creating fake documents to steal homes. They fake signatures, ownership, notarizations...you name it...they have done it. This means they have and are creating counterfeit assignments, notes, mortgages, and property titles. Not only are they destroying lives, but they are rendering county land records across America null and void. When the banksters are missing paperwork required under the regulations, they just create it. They did it to us. They can do it to you.

Can anyone explain why banksters are not prosecuted just like anyone else would be for breaking state and federal laws?  What would happen if you or your neighbor made a counterfeit document (money, birth certificate, car title, drivers license, fake federal ID) to meet some type of ID requirement, financial obligation on federally regulated document, or to steal millions of dollars from an innocent banker? You would probably be on your way to a cell, and it would not be padded. As long as America remains a free nation, every citizen must be treated equally under the law. That is why we have the rights to defend against our accusers, due process, and other such rights granted to us in our Constitution.

Justice for all is the cry of the free nation. Justice cannot allow an alternative justice to exist for the banks or for a few select people who have been bought and paid for by the banks. The Banksters do not get this and they have not and do not abide by this. Apparently no official in Montana or Idaho gets it either as none of them have been willing to require the banksters to simply follow the law. All laws are in place to have stopped our victimization years ago. However, a law that is not upheld or enforced is nothing more than a counterfeit law. The housing crisis is proof our country is currently being run by counterfeit laws. Mistakes happen in any business. The acts of these banksters are not mistakes or simple errors of process. The banksters are intentionally and maliciously foreclosing on America without cause or right with fake IDs.

When went to Washington D.C. to try and stop this assault on our homeland, our hope and prayer was Washington D.C. would not be scared of the banksters and that we could find leaders on Capitol Hill and in the watchdog agencies governing our nation that would be willing to stand up to the banksters and save our land. This is not a Nickerson only issue. It is not state specific or partisan controlled. This is an American issue. Over and over the banks and public officials have told us, If the banks want the property, they just get them. It is so terrible, but it is just the way it is. Maybe you are one of those who has said this to us. Shame on you! Where is your sense of patriotism and civic duty? Where is your brain? What are you going to do when they decide they want your property? The banksters came for us, and you can bank on the fact if they are not stopped, the banksters will eventually come for you. Stand up and fight. Say, No More. End this assault. Get involved saving America before it is too late!

Read this article by Scott Pelley and see how the banksters and mortgage robbers have been getting away with mortgage theft.
Read more...

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Tags: National
Source: http://www.cbsnews.com/news/mortgage-paperwork-mess-next-housing-shock/
Article by Scott Pelley, April 23, 2011

 

Foreclosures: A Crisis In Legal Representation
Congress, through the 2008 Housing and Economic Recovery Act, provided one-time funding for lawyers to help foreclosure victims, but then explicitly prohibited the lawyers it had funded from engaging in any litigation.
…the securitization of mortgages – the process in which mortgages are repacked into pools and sold to investors as “mortgage-backed securities” – has created a unique disincentive.32 Loan servicers, who collect and process loan payments during the life of a loan on behalf of mortgage-backed security investors, and who often serve as the gatekeepers for determining whether modifications will be made to loan terms, often make more money from foreclosures than from loan modifications, even if the lenders owning the underlying principal incur losses through foreclosure.

Emphasis added.
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Tags: National
Source: https://www.brennancenter.org/sites/default/files/legacy/Justice/Foreclosure%2020Report/ForeclosuresReport.pdf
Article by Melanca Clark and Maggie Barron of the Brennan Center for Justice, 2009





Proof of Ongoing Foreclosure Fraud and Mortgage Document Fabrication, in Five Emails
Banksters and fraudsters are busted over and over again, but no one goes to jail. Bill Pataalo has been fighting the banksters on behalf of homeowners. "They can sign settlements, but as long as no one is going to jail, it's a profitable business venture. What I believe is that nobody knows who owns what, so the only thing they can do is recreate chains of title. They're marching this garbage into our courtrooms on a daily basis. Don't hold your breath expecting anything to come of this; state and federal law enforcement washed their hands of foreclosure fraud long ago. But we should recognize it continues unabated.

PHH Mortgage does not own our Idaho ranch. HSBC does not own our Montana ranch. We do. Yet these two entities have been allowed to rely on fabricated documents to claim standing to foreclose based on these falsified documents. This has allowed JP Morgan Chase and Wells Fargo to hide from any exposure for their criminal actions, avert discovery, avoid providing federally mandated records, and keep us from gaining access to employees. We are one family fighting five banks because our loans were treated like hot potatoes and no one in the judicial system would stop it. Help make state and federal law enforcement agencies do their jobs. It happened to us. It could happen to you.
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Tags: National
Source: https://www.nakedcapitalism.com/2015/09/proof-of-ongoing-foreclosure-fraud-and-mortgage-document-fabrication-in-five-emails.html
Article by David Dayen, September 1, 2015

 

HSBC yanks massive PHH mortgage servicing portfolio - PHH's subservicing portfolio will be cut by nearly 30%
HSBC and PHH Mortgage are, or have been, connected. This is very significant in our case. PHH Mortgage is wrongfully foreclosing on our Idaho ranch while HSBC is wrongfully foreclosing on our Montana ranch. Neither entity has lawful interest or ownership in either of the properties and neither entity has established standing or cause to foreclose against us. We did nothing wrong, but we have been unable to stop our abusers because the Courts will not stand up to the banksters. Pray and get involved!
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Tags: National
Source: https://www.housingwire.com/articles/37874-phh-takes-another-hit-as-hsbc-yanks-massive-servicing-portfolio
Article by Ben Lane, August 25, 2016

 
Are YOU a Mortgage Robber?
Are YOU A Mortgage Robber?
Click to enlarge


Whistleblower: Wells Fargo Fabricated and Altered Mortgage Documents on a Mass Basis
The address at the top of the mortgage document presented by HSBC in our Montana case corresponds with the address of the facility in Eagan, MN in this article. Montana has ignored the fraudulent creation of this document and allowed HSBC to use the document for summary judgment. A whistleblower has shown this is a "foreclosure mill" where thousands of foreclosure documents were altered and processed by Wells Fargo on a daily basis. American soil is being attacked daily. Why are Americans standing idly by while foreign and domestic entities steal our land?
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Source: http://nakedcapitalism.com/2013/03/whistleblower-wells-fargo-fabricated-mortgage-documents-on-a-mass-basis.html
Article by NakedCapitalism.com

 

Wells Fargo Insiders Detail Foreclosure Fraud Practices: ‘It’s Exactly Like An Assembly Line’
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Source: https://thinkprogress.org/wells-fargo-insiders-detail-foreclosure-fraud-practices-its-exactly-like-an-assembly-line-88a5d9916911/
Article by Travis Waldron, April 20, 2012

 

Wells Fargo Says It’s Cleaning Up. Regulators Demand More
Wells Fargo & Co. says it’s a different bank today than it was two years ago -- but maybe not different enough for regulators.
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Tags: National
Source: https://www.bloomberg.com/news/articles/2018-12-06/wells-fargo-says-it-s-cleaning-up-its-act-regulators-want-more
Article by Hannah Levitt, December 6, 2018

 

Disgraced Wells Fargo Executive Carrie Tolstedt Heavy Political Donor
Tolsted’s donations included important senators like Democratic Presidential Candidate Hillary Clinton, Montana Senator Jon Tester, New York Senator Charles Schumer and Virginia Senator Mark Warner – most of whom were current or former members of the Senate Committee on Banking, Housing and Urban Affairs. Tolsted’s donation recipients were also the election campaigns of Republican representative Kevin McCarthy of California’s 23rd District, as well as former Montana Senator Max Bachus, North Carolina’s Kay Hagan and former senator Ben Nelson.

This is very alarming as a Montana citizen is being maliciously attacked by Wells Fargo…
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Source: http://www.savingadvice.com/articles/2016/09/12/1043764_disgraced-wells-fargo-executive-carrie-tolstedt-heavy-political-donor.html
Article by James Hendrickson, September 12, 2016

 

Foreclosure is a Fraud, A Judge Explains
We are all, right now, living through the greatest fraud committed on a nation. “The Banks” don’t have any real interest in most foreclosure proceedings. In fact, “The Banks” are dumping their interest in pesky foreclosures that cause them no amount of trouble as fast as they can...
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Source: https://mattweidnerlaw.com/foreclosure-fraud-judge-explains/
Article by Matthew D. Weidner, Esq., May 16, 2014

 

The Foreclosure King - LPS handles half of all foreclosures in the United States, but an investigation shows that the firm may have crossed the line.
Foreclosure kings, princes and jesters all need to go to jail! Dethrone all of them and make them personally liable for their criminal actions. Judicial tyranny is not lawful in the United States of America. Stop granting them impunity for breaking the law.
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Source: http://graphics.thomsonreuters.com/F/12/Foreclosure.pdf
Article by Scot J. Paltrow, December 6, 2009

 

Special report: Banks are still robo-signing
EYEWITNESS ACCOUNT FROM VICTIMS OF ROBO-SIGNERS:
HSBC is foreclosing on our Montana Ranch and PHH is foreclosing on our Idaho Ranch with robo-signed documents. We still have possession of both properties and plan to retain possession and ownership. However, the District Courts have ruled against us in both states via summary judgment. The Supreme Courts of both states have then ignored the truths of the matter and affirmed their decisions. The Courts have just rubberstamped the banksters' Complaints and disregarded the illegalities surrounding their false claims of standing. We have been told if the banks want the properties, they just get them no matter what laws were broken or whether we have done anything to give them right or cause. We have been told no one is Montana can or will stand up to Wells Fargo. We were told in Idaho to get out of Idaho and go to Washington D.C. if we wanted any justice. Wells Fargo is foreclosing on our Montana Ranch under the name of HSBC. JP Morgan Chase is foreclosing on our Idaho Ranch under the name of PHH Mortgage. Both are foreclosing under different entities to avert discovery and avoid exposure for their criminal actions. Neither HSBC nor PHH have lawful interest in either of our properties. Law enforcement and watchdog agencies have admitted fraud has been committed. Nonetheless, our battle to save our ranch continues. These banksters have repeatedly told Congress and other watchdogs that they have changed their evil practices, are making things right with those they victimized, are putting procedures in practice to do things differently, blah, blah, blah. Obviously, they are not telling the truth! Not one of the 5 banksters involved in our loans (there are 5 because they played hot potato with our loans) have come forward to tell the truth, stop our victimization, or do the right thing. Yes, banks are still robo-signing...and, yes, they are STILL getting away with it.
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Tags: National
Source: http://www.reuters.com/assets/print?aid=USTRE76H5XX20110719

 

I called the Wells Fargo ethics line and was fired
Will someone please give Wells Fargo a definition of what ethics is? Maybe a copy of the Ten Commandments would help too...especially the 8th commandment...Thou shalt not steal.
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Source: http://money.cnn.com/2016/09/21/investing/wells-fargo-fired-workers-retaliation-fake-accounts/
Article by Matt Egan, September 21, 2016

 

  
A NOTE TO WELLS FARGO

Wells Fargo, your customers treated you as they would like to be treated. You forgot the golden rule when you were building your fortune - Do unto others as you would have them do unto you. We the people helped build your bank into one of the largest banks in the world...with OUR money, OUR credit, OUR assets, OUR equity, and OUR homeland. In return, you have committed domestic terrorism against our family and all American citizens and high treason against the United States of America. We pray God and the United States of America will render to you according to your deeds.



In Wells Fargo’s Bogus Accounts, Echoes of Foreclosure Abuses
I don't remember ever hearing him apologize, because that would admit wrongdoing, and that's not part of Wells Fargo's corporate culture. Their culture is about not holding anybody at the top accountable. The Nickerson Family is holding you accountable! Your attack on our family was and is malicious. It is time for you to apologize, acknowledge your wrongdoing, do what is right, save our property, give us back all you have stolen, and clear our name. No more excuses. Do the right thing.
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Source: http://www.nytimes.com/2016/09/22/business/in-wells-fargos-bogus-accounts-echoes-of-foreclosure-abuses.html
Article by Gretchen Morgenson, September 21, 2016

 

How to Fabricate Evidence: Wells Fargo’s Foreclosure Manual Confirms the Worst
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Source: http://floridaforeclosurefraud.com/2014/03/how-to-fabricate-evidence-wells-fargos-foreclosure-manual-confirms-the-worst/

 

“Too Big to Manage…Too Big to Regulate” — Senators Say Wells Fargo Shows Need to Break Up Banks
The American dream and free enterprise can and will only endure if all are held to the same standard of law. The extent a law is upheld and enforced determines its merit and value. Posting a 15 mph speed limit in a school zone yields zero protection value unless consequences are issued for violations. Banking regulations and lending laws are no different. Fraud is running rampant because checks and balances that maintain fair play in lending are being ignored. The law requires standing to claim rights to action, signed verification of complaints, notarization of signatures, proper recording of true and legitimate documents, accurate record keeping, account record retention and production, fair dealing with consumers, and the list goes on. Every law and regulation is in place to have protected us from the malicious victimization and severe, significant, and substantial abuses we have suffered for years. Our rights to equal protection under the law have been denied through collusion, as well as incompetence and culpable negligence. Five minutes of reviewing what has happened demands ANY intelligent, law abiding citizen to immediately conclude we are victims of fraud and that the law has systematically failed to perform as our advocate or the sustainer of justice. If laws had not been negligently ignored, the extensive criminal acts and malicious mortgage terrorism committed would have been exposed. The entities responsible could have held accountable and appropriately deterred from targeting other innocent homeowners. Too big or too small is not the issue. Upholding and enforcing the law is the issue.

When Wells Fargo or the other mortgage robbers refuse to submit to laws and no one steps forward to enforce  regulations, they literally have the power to commit whatever atrocity they want. The fraud crisis in America is an ethics crisis. Ethics requires individuals and entities to do right because it is right, not because they might get caught or be held responsible. Wells Fargo, HSBC, JP Morgan Chase, PHH Mortgage, and Coldwell Banker have committed fraud because they can commit fraud. Senator Tim Scott (R – S.C.) said, The definition of fraudulent – God bless Black’s [Law] Dictionary – if I didn’t sign for it, it’s fraudulent…I like to have simple definitions.
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So do we, Sir. Here are a few other Black’s Law Dictionary and Nickerson Common Sense Definitions the Senate Banking Committee should review when dealing with Wells Fargo and the other banksters.

Wrongful Foreclosure is the direct, deliberate, fraudulent, intentional, outrageous, reckless, unconscionable, unlawful and unconstitutional attempt of the Bank to rob, steal and destroy the life, liberty, happiness, and property of innocent homeowners.
Nickerson Common Sense Definitions

Robo-signers are: a) any persons in the mortgage industry who, under oath, sign a mortgage affidavit, assignment, power of attorney, etc. without personally verifying the information is true, b) individuals who forge executive signatures, c) lower-level employees who sign their own name and lie about their title, i.e. impersonate an officer of the company, d) people who execute documents when a notary is not present thereby causing the notary to lie about their signatures and, e) notaries who notarize fraudulent signatures, impersonators, and documents that are signed outside of their presence. In all cases, robo-signing involves unethical people illegally signing critical documents and falsely swearing to their truth and accuracy, while deliberately choosing not to verify the information they stated as absolute fact and for the express purpose to intentionally and maliciously fraud and defraud innocent homeowners.
Nickerson Common Sense Definitions

Defraud is to deprive a person of property or any interest, estate, or right by fraud, deceit, or artifice.
Black’s Law Dictionary

Fraud is deception; trick; artifice by which the right or interest of another is injured; a stratagem intended to obtain some undue advantage; an attempt to gain or the obtaining of an advantage over another by imposition or immoral means, particularly deception in contracts, or bargain and sale, either by stating falsehoods, or suppressing the truth.
Webster's

Criminal intent is the intent to commit a crime: malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property.
Black’s Law Dictionary

Malpractice is any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, evil practice, or illegal or immoral conduct.
Black’s Law Dictionary


Swindling is a term that is applied to the cheating a person out of his property or carrying out a deal that is fraudulent.
Nickerson Common Sense Definitions

Prevention of Performance: theft at its pinnacle. In the modern day mortgage industry, when messing up records, lying about account data, trying to intimidate borrowers into cowering to blackmail demands of signing over titles, and all other attempts at mortgage robbery fails, prevention of performance is a cowardly and “fool proof” method for a bad guy to sabotage a good guy and steal his home and equity. Here is how it works. Refuse to provide the borrower any statements or proof of account transactions, communication, escrow analysis, etc. Charge their account twice monthly. Misapply payments. Buy expensive forced placed homeowners insurance even though you know the home is properly insured. Do whatever you need to create a problem on the account. Now, quit taking payments. Claim a default. Create some fake beneficial interest in the property. Note: Actually, it looks a little better and more believable if you do this first, but it can work both ways as has been proven in the Nickersons case. After all, you’re the mortgage company and they are just a homeowner, another pesky mosquito to swat if they get in your way. It happens. It has and is happening right now with the Nickerson properties.
Nickerson Common Sense Definitions

Malice Aforethought is a predetermination to commit an act without legal justification or excuse. A malicious design to injure.
Black’s Law Dictionary

Domestic Terrorism is when someone engages in acts dangerous to human life that are a violation of the criminal laws of the United States or any state.
Nickersons' Amended Answer and Counterclaim

Willful Misconduct is intentional disregard to the safety of others.
Black’s Law Dictionary

Willful Misconduct generally means a knowing violation of a reasonable and uniformly enforced rule or policy. It means intentionally doing that which should not be done or intentionally failing to do that which should be done, knowing that injury to a person will probably result or recklessly disregarding the possibility that injury to a person may result.”
From www.definitions.uslegal.com/willful-misconduct/

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Source: https://www.districtsentinel.com/big-manage-big-regulate-senators-say-wells-fargo-shows-need-break-banks/
Article by Sam Knight, September 20, 2016





Shoddy Bank Practices Continue Even After Mortgage Mods

It is time for the Courts to do their job. Laws are in place to protect homeowners from fraud, but they have to be upheld and enforced.
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Source: https://www.propublica.org/article/profiles-shoddy-bank-practices-continue-even-after-mortgage-mods
Article by Paul Kiel, June 2, 2011

 

Regulators: Wells Fargo, Chase, U.S. Bank still fail mortgage service tests
Feds say Wells Fargo, Chase and four other banks still fail to meet standards for mortgage servicing...Four years after pledging to clean up wide-ranging foreclosure abuses, Wells Fargo & Co., JP Morgan Chase & Co. and four other banks still aren't complying with customer-service standards imposed by a federal regulator...In a statement, Chase said it has made "significant progress" in meeting the terms of its consent order, noting, "we believe we're in a position to complete our remaining items by the end of summer....Wells Fargo said it has made "significant changes" in servicing. "We have an action plan in place to complete that work in the coming months.

Regulators, our story is chronicled throughout this site. These entities have committed so many crimes in our case it is inconceivable, and they have done nothing to make things right. Please hold these banksters accountable for what they have done to us for years. They are still doing it...
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Source: http://www.latimes.com/business/la-fi-re-wells-chase-fail-mortgage-tests-20150617-story.html
Article by E. Scott Reckard, June 17, 2015

 

Rage Among The Ruins

Incredible story of one attorney named Michael Pines who got caught in the middle of the foreclosure battlefield and refused to play on the wrong side.
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Source: http://ww2.callawyer.com/clstory.cfm?pubdt=201302&eid=926895&evid=1
Article by Eric Berkowitz, February, 2013

 

Foreclosure Vigilantes Arrested
No one can accuse Attorney Michael Pines (Attorney #77771) of not trying to help keep his clients in their homes. Whether or not you agree with his tactics, his passion to change the system and keep people in their homes is remarkable. Pines said their action was part of a revolt against "illegal" foreclosure and eviction practices that have caused countless people to lose their homes, and that the system needs to change.

This article was written in 2010. It is 2019, and the banksters are still doing the same things. We are victims who are fighting back. We are reaching out to Washington D.C. trying to expose the comprehensive fraud, corruption and collusion going on across America. We are asking Congress to hold hearings to make the CEOs of the banks answer for their actions in the assault on our family. We are currently assembling information for the different banking and oversight committees and watchdog agencies. If you have been victimized by foreclosure fraud, send us your story or case number. Help us fight all the way for our home and all American homes.

No more silence. No more abuse. We need to stand up to these banksters before they foreclose on America.
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Source: https://aol.com/article/2010/10/18/attorney-busted-for-aiding-evicted-homeowners/19677462/
Article by Sheree R. Curry, October 18, 2010

 

Lawyers Are Now The Driving Force Behind Mortgage Scams
Unethical lawyers helped the banksters foreclose on America with complete impunity. It is time for them to be held responsible for their actions.
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Source: http://www.huffingtonpost.com/2014/06/09/mortgage-scams_n_5438743.html
Article by Ben Hallman, June 13, 2014

 

After Foreclosure, Homeowners Face Long Wait to Buy Again

We did nothing wrong to give cause or right for our home or properties to be taken from us. If our home can be taken from us, there is no home in America that is safe. What possible reason would a homeowner have to rebuild after being wrongfully foreclosed upon if they did not do anything wrong...so that the mortgage robbers can come back in five or ten years and do it again?
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Source: https://www.aol.com/article/2012/02/24/after-foreclosure-homeowners-ready-to-buy-again-face-long-wait/20178964/

 

Breaking Down the Real Cause of the Foreclosure Crisis
Greed. Corruption. Felonious business practices. Domestic terrorism. Treason. Despotism.
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Source: http://mandelman.ml-implode.com/2011/05/breaking-down-the-real-cause-of-the-foreclosure-crises/
Article by Mandelman

 

400,000 Foreclosure Settlement Checks Sent To Wrong Address
Maybe America should order 400,000 of the mortgage robber's annual salaries and bonus checks need to be sent to American homeowners at the right addresses to make amends for their errors.
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Source: http://www.huffingtonpost.com/2013/07/24/foreclosure-settlement-wrong-address_n_3641641.html?utm_hp_ref=foreclosure-crisis
Article by Ben Hallman, July 24, 2013

 

Foreclosure Settlement Checks Significantly Smaller Than Regulators Forecasted: Homeowners
"This is what happens when there is no oversight"...John Noble, who said he abruptly lost his Flagstaff, Ariz., home to foreclosure after paying $19,000 to catch up on his payments...received $500...."We requested a review of bank misconduct and illegal foreclosure practices. Not a small payout!"...
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Source: https://www.huffpost.com/entry/foreclosure-settlement-checks_n_3193377
Article by Ben Hallman, May 1, 2013

 

Are We Heading for Another Housing Crisis?
Yes!
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Source: http://money.usnews.com/money/personal-finance/articles/2016-05-12/are-we-heading-for-another-housing-crisis
Article by Maryalene LaPonsie, May 12, 2016

 

Bank of America Lied to Homeowners and Rewarded Foreclosures, Former Employees Say

Whistleblowers come forward! America needs you!!
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Source: https://www.propublica.org/article/bank-of-america-lied-to-homeowners-and-rewarded-foreclosures
Article by Paul Kiel, June 14, 2013

 

Banks Keep Breaking Into Houses, And Homeowners Are Fighting Back
Homeowners should not have to fight back. The law is supposed to be their advocate and elected officials are supposed to fight for them. Uphold and enforce the laws already in place and it would fix most, if not all, wrongful foreclosures.
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Source: http://www.huffingtonpost.com/2013/10/02/bank-contractor-lawsuits-safeguard_n_3975574.html?utm_hp_ref=foreclosure-crisis
Article by Ben Hallman, October 3, 2013

 

Big Banks' Mortgage Units - Still failing Customers - Face New Restrictions
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Source: http://www.huffingtonpost.com/2015/06/17/foreclosure-abuses_n_7606464.html?utm_hp_ref=foreclosure-crisis
Article by Ben Hallman, June 17, 2015

 

JPMorgan Chase pays $614M over mortgage lending
Read more from USA Today...
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Read more from Justice.gov...
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Tags: National
Source: https://www.usatoday.com/story/money/business/2014/02/04/jpmorgan-chase-mortgage-lending/5215023/#
Article by Larry Neumeister, February 4, 2014
https://www.justice.gov/opa/pr/jpmorgan-chase-pay-614-million-submitting-false-claims-fha-insured-and-va-guaranteed-mortgage

 


JP MORGAN CHASE CAUGHT RED-HANDED
Alex Jones analyzes a JP Morgan Chase ad that was in heavy rotation over the Thanksgiving holiday that is meant to sell the idea that the mega-bank is the backbone of America, when it reality, it is part of an enormous fraud.
Instead, the predatory institution, along with the other ‘Too Big to Fail’ banks that received bailouts, have used corporate welfare to sellout the nation, ship jobs overseas, reap profits on money lent from the Federal Reserve at zero interest, while saddling huge debts upon the people through the larger derivatives scheme.

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Source: http://www.infowars.com/the-destruction-of-america-brought-to-you-by-jp-morgan-chase/
Article by Alex Jones, November 30, 2012





J.P. Morgan Is Bringing Some Fintech Startups In-House
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Tags: National
Source: http://fortune.com/2016/06/30/j-p-morgan-is-bringing-some-fintech-startups-in-house/
Article by Lucinda Shen, June 30, 2016

 

Senate to Consider Wide-Ranging Bill to Address Zombie Foreclosure "Crisis"
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Tags: National
Source: http://www.housingwire.com/articles/print/37372-senate-to-consider-wide-ranging-bill-to-address-zombie-foreclosure-crisis
Article by Ben Lane, June 24, 2016

 

Holder Admits Some Banks Are ‘Too Big to Jail’
I am concerned that the size of some of these institutions becomes so large, that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy. Statement of Former Attorney General Eric Holder before the Senate.

According to this article, the Attorney General believes some banks are too big to go to jail. Really? Scary? Thomas Jefferson warned a day like this could come: If the America people ever allow private banks to control the issue of currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered."

Put them in jail. America will pull together and survive the attack on the economy. We will pay the price to be free from their tyranny. We need to stop them now or we will be enslaved by them forever.
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Source: http://www.wnd.com/2013/03/holder-admits-some-banks-too-big-to-jail/?cat_orig=politics
Article by WND, March 11, 2013

 

HSBC to Pay $249 Million in Foreclosure Settlement
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Source: http://www.huffingtonpost.com/2013/01/18/hsbc-foreclosure-settlement_n_2506400.html

 

The Cost of the Crisis Caused By Wall Street = No Less Than $12.8 Trillion Dollars
This page has a link to the Better Markets report that totals the cost of the crisis.
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Tags: National
Source: https://www.businesswire.com/new/home/20120912006619/en/Cost-Crisis-Caused-Wall-Street-12.8-Trillion
Article by Deborah Eisenberg, September 12, 2012

 

Homeowners' Rebellion: Could 62 Million Homes be Foreclosure-proof?
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Tags: National
Source: http://www.webofdebt.com/articles/homeowners.php
Article by Ellen Brown, August 18, 2010

 

Mortgage Servicing Fraud.org
News related to the foreclosure crisis.
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Tags: National
Source: http://msfraud.org/articles-2012_aug.htm

 

The Home Equity Theft Reporter:

Welcome to the Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports and other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
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Source: http://homeequitytheft.blogspot.com/

 

False Statements - R.K. Arnold Mortgage Electronic Registration Systems
Fraud and MERS (Mortgage Electronic Registration Systems).
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Source: http://stopforeclosurefraud.com/2010/11/18/false-statements-r-k-arnold-mortgage-electronic-registration-systems/
Article by Lynn Szymoniak, November 18, 2010

 

Petition To The U.S. Government From American Homeowners
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Source: http://www.petition2congress.com/2564/petition-to-us-government-from-american-homeowners/view/4
Petition2Congress, 2017

 

PHH Mortgage Simply The Worst Mortgage Servicing Company In The USA!
This bloggers advice is, Realtors, If you have a short sale listing with PHH as the first mortgage. . .WALK AWAY. . . no, no. better. . .RUN AWAY  to the other side! PHH stands for Pulling Homeowners into Hell One at a time.
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Source: http://activerain.com/blogsview/1809952/phh-mortgage-simply-the-worst-mortgage-servicing-company-in-the-usa-
Article by Fernando Herboso, August 20, 2010

 

Rip Off Reports - CHASE Abuse
Victims tell their CHASE abuse stories. Sounds a lot like our experience with CHASE. Credit destroyed. Falsified documents. Messed up records. Fraud.
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Source: http://www.ripoffreport.com/Search/chase%20home%20finance.aspx

 

The Burning Platform – Who’s Your Lender?
From The Burning Platform - Remember, this fight is about restoring our property rights and the rule of law...We’re taking the fight to every local state courthouse and giving homeowners the tools to secure their homes and restore private property rights. This is a ground game and it is entirely winnable. It takes tenacity but once you learn to navigate the local state court system it’s entirely doable.
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Source: www.theburningplatform.com/?p=36785

 

Foreclosure Fraud: How You Can Be Driven to Default Even if You Pay On Time
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The new nation-wide investigation into foreclosure frauds comes as no surprise to people who follow the mortgage service business. Shoddy, deceptive paperwork has plagued homeowners for years. In the industry's slimy underside, firms push borrowers into default and foreclosure, even when they've been making payments on time.

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Tags: National
Source: http://www.cbsnews.com/8301-505123_162-41240544/foreclosure-fraud-how-you-can-be-driven-to-default-even-if-you-pay-on-time/
http://www.cbsnews.com/stories/2010/10/13/business/main6953548.shtml
Article by Jane Quinn, October 16, 2010

 

The Great Foreclosure Fraud
When millions of families lost their homes to foreclosure in the Great Recession, a nurse, a car dealership worker and a forensic expert blew the whistle on mortgage industry abuses....As America searches for understanding amid the perversity of the financial crisis, they should know that there were a few determined people, far from the corridors of power, who tried to write an alternative history, one where the perpetrators of fraud get rounded up and put away. But the same democracy that allows ordinary Americans to collaborate and organize and build a movement allows their deep-pocketed opponents to use the tools of entrenched power to counteract it. And we have to reckon with the fact that, in our current system of justice, who you are matters more than what you did.

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Source: http://prospect.org/article/great-foreclosure-fraud
Article by David Dayen, May 16, 2016


 

Inside CHASE and the Perfect Foreclosure
According to former CHASE employee Jerad Bausch, JP MORGAN CHASE is in the foreclosure business, not the modification business. The whole focus is to foreclose, not to modify...They put the borrower through every hoop and obstacle they can, so that when something fails to get done on time, or whatever, they can deny it and proceed with the foreclosure. Like, 'Hey we tried, but the borrower didn't get this one document in on time.'...They weren't trying to figure out how to modify a loan, they were trying to find a way to foreclose...Our attitude at CHASE was to process everything as quickly as possible, so we can foreclose and take the house to sell. That's how we made our money.
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NOTE: Depending on what browser you are using, you may have to subscribe to Mandelman's feed to link directly to this article. If the link does not work, go to www.mandelman.ml-implode.com and search for the name of the article in quotes. Thanks.

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http://www.mandelman.ml-implode.com/2010/09/inside-chase-and-the-perfect-foreclosure/
Article by Matteo Turchetto and Andreas Viklund

 

The Depositions That Sparked The Foreclosure Scandal
Bank employees have acknowledged that they've signed thousands of foreclosure documents each month without much firsthand knowledge of what they contained. According to the deposition of Kelly Scott of the Law Offices of David J. Stern, key documents necessary to proceed with a foreclosure would be missing from a case file, and then the paperwork would appear when needed. Mistakes went uncorrected on the assumption that a judge wouldn't notice. Paralegals acted as notaries, often notarizing documents even before they were signed. Then they'd be signed by the office manager of the foreclosure department, who "doesn't review them." Due to the volume of documents, the manager taught others to forge her signature and allowed them to sign on her behalf. Files that weren't processed correctly would be hidden from clients who came to review the work.
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Source: http://www.propublica.org/blog/item/read-the-depositions-that-sparked-the-foreclosure-scandal





HSBC faces FCA probe into anti-money laundering controls as profits plunge
According to this February 2017 article, it appears HSBC is concerned that Western Civilization regaining and protecting its freedoms and greatness threatens their profit margin. See paragraph 6.

HSBC, your reign of terror in America is over. America is under new management and we are taking our country back. No more silence. No more abuse. No more fraud. Follow American laws or go back to where you came from! This is a justice for all country. Get with the freedom program or get out.
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Source: http://www.telegraph.co.uk/business/2017/02/21/hsbc-profits-slump-volatile-year/
Article by Ben Martin, February 21, 2017

 

Ex-JPMorgan adviser charged in $20M fraud

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Source: https://www.usatoday.com/story/money/business/2015/04/16/jpmorgan-investment-adviser-fraud/25891775/
Article by Kevin McCoy, April 16, 2015

 

HSBC hit by loss of more than $4 billion

The global giant has spent years shrinking down and cleaning up its private banking operations...The business [HSBC] came under scrutiny over revelations it catered to weapons dealers, tax evaders and dictators. Less anyone start a fundraiser for "poor" HSBC (Hong Kong Shanghai Banking Corporation), the Associated Press reported HSBC boasted 11% profit increase in 2017. We know hearing "big" numbers like $4.2 billion dollars seems like a lot of money to those of us who work hard and try to earn an honest living. But...you have to understand, these are pennies on the trillions for HSBC. Even with these reported losses and all the "big" fines we read about in the media, the incomes HSBC and their bankster friends' are generating through foreclosure fraud appear to be very secure in both the United States and global markets. In fact, according to the stats, they are growing.
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Source: http://www.nbcmontana.com/news/money/hsbc-sinks-to-42-billion-loss/348670590
Article by Jethro Mullen, February 21, 2017
http://www.wtrf.com/news/global-bank-hsbc-reports-2017-pretax-profit-rose-11-percent/982240158

 

CFPB Missed Chance to Probe Wells Fargo’s Insurance Scandal, Report Finds
Do the math. $10 billion fines reduced to $100 million for destroying the lives of American citizens. Jeb Hensarling (R-TX) said it best, The CFPB’s handling of this matter and its refusal to fully comply with the Congressional subpoena are a slap in the face to millions of Americans who were harmed by Wells Fargo and further evidence of the CFPB’s unaccountable structure and leadership.
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Source: https://www.autofinancenews.net/cfpb-missed-chance-to-probe-wells-fargos-insurance-scandal-report-finds/
Article by William Hoffman, September 20, 2017

 

Wells Fargo says hundreds lost homes after computing 'error'
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Source: https://www.engadget.com/2018/08/05/wells-fargo-says-hundreds-lost-homes-to-computing-error/?yptr=yahoo
Article by Jon Fingas, August 5, 2018

 

Hardline Anti-CFPB Republican Accuses Agency of Being “Asleep At Wheel” During Wells Fargo Scandal

Regardless of who created, supports or opposes the CFPB, the CFPB has done nothing to help us stop the foreclosures on our properties. From our viewpoint, banksters have gotten away with the financial murder of millions of innocent homeowners while the CFPB sat silently and watched it happen. From the closing table to the wrongful foreclosure, proof of fraud, broken laws, predatory lending, and abusive debt collection is everywhere…and the CFPB has fatally failed to stop it. Even the big fines are just a show. Sure, to the average homeowner $185 million feels like a big speeding ticket. However, if the banksters make $2 billion by arriving to that meeting on time, they really do not mind paying the $185 million ticket. Until the fines offset the profit secured from the fraudulent acts, the banksters have not suffered any loss or consequence. Mortgage and foreclosure fraud is a prolific, money-making venture for the banksters. It has become a quicker and more secure way to gain a return on their investments; boasts hefty loss deductions; increases their asset portfolio with a property that can be resold for additional profit; and they can execute moving forward with minimal, if any, real risks to consider since no real penalties will be levied. If laws are not upheld and enforced to protect property rights, mortgage fraud becomes nothing short of government sanctioned domestic terrorism against the American homeowner.

Benjamin Franklin stated, Justice will not be served until those who are unaffected are as outraged as those who are. Whether you are for or against the CFPB, we need someone who will stand up and provide some consumer financial protection. The time to act is now!!
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Source: https://www.districtsentinel.com/hardline-anti-cfpb-republican-accuses-agency-asleep-wheel-wells-fargo-scandal/
Article by Sam Knight, April 5, 2017

 

OCC Recommends Enforcement Against Wells Fargo Amid CEO’s Senate Hearing
Tim Sloan, the CEO of Wells Fargo, has wanted Congress and everyone else to believe he is making everything right. What about our family, Tim? Wells Fargo’s attack has been raging against our family for years. Settlement agreements, Congressional depositions, fraud fines, apology letters to customers...all have come and gone without Wells Fargo ever once stepping up to do the right thing by us. Wells Fargo has ignored our QWRs, quashed our subpoenas, and refused to give us our records. Wells Fargo has threatened employees, fired employees, created fraudulent documents, and prevented us from finding an advocate or relief in the law. We committed no act or inaction to deserve this attack. We have begged, pleaded and demanded this assault against our family stop. So, Tim, Wells Fargo, what are you doing to help us? We, and the world, would like to know.
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Source: https://www.autofinancenews.net/occ-recommends-enforcement-against-wells-fargo-amid-ceos-senate-hearing/
Article by William Hoffman, October 3, 2017

 

Buffett: Wells Fargo CEO Has My Faith
Excerpt from article - Senator Elizabeth Warren called for the removal of Sloan and every member of the Board that was involved during the “height of cheating customers.” In regards to Wells Fargo CEO Tim Sloan she stated, At best you were incompetent, at worst you were complicit, Warren said. “Either way, you should be fired."
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Source: http://www.dsnews.com/daily-dose/10-03-2017/wells-fargo-ceo-tim-sloan-asked-step/
Article by Brianna Gilpin, October 3, 2017

 
  
OPEN LETTER TO THE U.S. SENATE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS:

Dear United States Senators,

Wells Fargo has willfully and intentionally committed grave criminal acts against our family. They have knowingly disregarded laws in place to protect us and ignored our pleas for relief. They have done nothing to make things right despite their promises to your committee and the American public to do the right thing. Our story is one of malicious mortgage fraud, systemic corruption, procedural manipulation, and acute regulatory failure. Please hold Wells Fargo and their accomplices accountable for what they have done to our family.

Because it happened to us and it could happen to others,
The Nick and Donna Nickerson Family
 
  
Janet Yellen: “Possible” But “Extremely Challenging” For Big Banks to Follow Laws
From a Democratic side, I’ve heard too big to fail is too big to manage. From a Republican side, I’ve heard too big to fail is too big to regulate. But whether the fault is the regulators who can’t regulate it, or the managers who can’t manage it, too big to fail is too big to exist. – Representative Brad Sherman (D – California)

Fraud is not limited by size. Big or small, truth in lending, good faith and fair dealing are necessary components for ethical business practices. Though breaking these banks up may be a good thing to do, it does not fix the fact officials have looked the other way while crimes were being committed, and judges and governing authorities have ignored their responsibilities and obligations to uphold and enforce the laws. The banksters and fraudsters need to be forced to do the right thing, and breaking the law simply needs to be illegal again.
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Source: https://www.districtsentinel.com/janet-yellen-possible-extremely-challenging-big-banks-follow-laws/
Article by Sam Knight, September 28, 2016

 

'Lions Hunting Zebras': Ex-Wells Fargo Bankers Describe Abuses
They would look for the weakest, the ones that would put up the least resistance.

Banksters (Wells Fargo, HSBC, PHH Mortgage, JP Morgan Chase, Coldwell Banker – 5 giant banksters), you have gravely misjudged us and our resolve in this matter. We are not weak and you are not too big to fall or go to jail. A little shepherd boy had to stand before giants and an entire army once. All he had to do was take down one giant…and he did it with one little stone. We are here to fight for as long as it takes. Truth, justice and all laws are on our side. Prepare to fall!!!!!

Consumers never forget that He that is faithful in that which is least is faithful also in much and He that is unfaithful in that which is least in unfaithful also in much. Think about this before you do business with any giants with rap sheets.
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Source: https://www.nytimes/2016/10/21/business/dealbook/lions-hunting-zebras-ex-wells-fargo-bankers-describe-abuses.html
Article by Stacy Cowley, October 20, 2016

 

Wells Fargo Whistle-Blowers' Fate Becomes Just a Footnote
A bad compliance system is one thing, but if people knew there were problems and were silenced, that's much more serious.

The banksters have fired employees for trying to help us save our Idaho Ranch. We have personally communicated with Wells Fargo, JP Morgan Chase, PHH Mortgage and HSBC's Executive Offices. These entities know our stories. They have told us we have to let them take what belongs to us even though they know we have done nothing to cause, warrant or justify their unlawful seizure. There are employees who know our story. Please contact us. We need your help. Others like us need your help. Please do the right thing. Speak up. There are sins of commission and sins of omission. Just because you do not personally commit the crime does not mean you are not morally, legally and ethically responsible for not stopping it. By not speaking up, you are aiding and abetting Wells Fargo, JP Morgan Chase, and these other mortgage terrorists in their criminal acts. Please stand up and do the right thing. We and your fellow Americans need your help to save our homes!
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Tags: National
Source: https://www.nytimes.com/2017/05/04/business/wells-fargo-whistle-blowers.html
Article by James B. Stewart, May 4, 2017

 

Wells Fargo Fires 5,300 For Engaging In Massive Fraud, Creating Over 2 Million Fake Accounts

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Source: https://www.zerohedge.com/news/2016-09-08/wells-fargo-fires-5300-engaging-massive-fraud-creating-over-2-millionfake-accounts
Article by Tyler Durden, September 9, 2016

 

Wells Fargo May Have Found More Fake Accounts Created by Employees
To regain the trust we have lost, we must continue to be transparent with all our stakeholders and go beyond what has been asked of us by our regulators. Today’s regulatory filing reminds us of this, because it includes evidence of much of that work, particularly as we have identified problems that we have committed to fix.  - Tim Sloan

Trust? Really?? Tim, you and your executive offices have done nothing to right the wrongs you have committed against us. You have fired employees, refused to let employees testify on our behalf, refused to provide our records, and the list goes on. You know you have broken laws and have extreme exposure in our case, but have done nothing to fix it. We are not going to go away. We are going to keep telling our story to more and more people and officials until you and your accomplices are held accountable and our name is cleared. You can bank on it!
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Tags: National
Source: https://www.nytimes.com/2017/08/04/business/dealbook/wells-fargo-fraud-accounts.html?action=click&contentCollection=DealBook&module=RelatedCoverage&re
Article by Stacy Cowley, August 4, 2017

 

Workers tell Wells Fargo horror stories
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Source: http://money.cnn.com/2016/09/09/investing/wells-fargo-phony-accounts-culture/index.html
Article by Matt Eagan, September 9, 2016
 


Why It’s Unlikely Anyone Will Go to Jail Over Wells Fargo’s Massive Fraud Scheme
Criminals steal to make money. Fraud makes money, and lots of it. When you look at all Wells Fargo has done, It's worth asking. Will anyone go to jail for this? The fine, after all, makes for a good headline but is actually something of a pittance: $185 million is only 3.3% of the $5.6 billion in net income Wells Fargo pulled in in the second quarter of this year. And whatever monetary penalties were assessed, there's a strong case to be made, here as anywhere else, that individuals who engage in fraud should, well, be prosecuted for committing fraud. That's sort of the point of the legal system.

The normal consequence for theft is jail time. Send them to jail!
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Source: http://nymag.com/daily/intelligencer/2016/09/why-no-one-will-go-to-jail-over-wells-fargos-fraud-scheme.html
Article by Jesse Singal, September 9, 2016

 

STOP Northwest Trustee Services and Routh Crabtree and Olsen NOW!: Washington's Largest Foreclosure Company Charged With Conflict Of Interest-Home Auctions In Legal Jeopardy
Erika Peterman of Routh Crabtree and Olsen (aka RCO Legal) is the attorney of record for HSBC in the foreclosure action against our Montana property. Jeff Stenman claims to be the Secretary, Assistant Vice-President, Vice-President, and Director of Operations for Northwest Trustee. Northwest Trustee's Mr. All Things For All Fraud Needs robo-signed one of the two fabricated assignments from Wells Fargo Bank to HSBC Bank. Both assignments have been proved to be unlawful, but Montana courts have said we cannot challenge the assignments because we were not a part of the illegal act of creating them. They commit the crime. We pay the fine.
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Source: http://stop-rco-now.blogspot.com/2013/07/washingtons-largest-foreclosure-company.html
Article by SAFEinSeattle.org, July 25, 2013

 

GMAC's 'Robo-Signers' Draw Concerns About Faulty Process, Mistaken Foreclosures
Processing errors? Taking someone's home and committing financial murder against their life savings is a little more than a processing error. America needs to freeze future foreclosures and thaw and burn the previous ones. Unless the banks can prove, beyond a shadow of a doubt the homeowner has defaulted and they do have the right and standing to foreclose, no right to action should be granted.

America, do you understand the long-term consequences of fraudulently mishandling the authenticity of our land records? Have you considered the far reaching, even generational, impact of wrongful foreclosures? Someone needs to push the stop button; incarcerate the criminals who colluded and conspired to create this MESS; demand immediate and complete restoration of all records; and order comprehensive restitution of all property and damages suffered. Looking the other way will not fix this attack on our homeland. Yes, the solution is going to create some initial chaos. Yes, those who have benefited from purchasing stolen goods will suffer losses...just as they would if they purchased a stolen Lamborghini for $150 and the police came and took it away. Everyone has known mortgage fraud was rampant throughout this crisis. If those looking for quick windfalls fell prey to the mortgage robbers' schemes, they took that risk when they bought what they knew could be stolen goods. Benefiting from another's loss is not the American way. so it is time to do a reset. The mortgage robbers need to make amends to those damaged on both ends of the crisis. The banksters committed the crime. They need to pay the fine...and the time. Please, put some pressure on your state and federal legislators, representatives, and all oversight agencies. The longer this goes on, the the more traumatic the end resolution and the damages will be. Act now. Save America!
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Source: https://www.propublica.org/blog/item/gmacs-robo-signers-draw-concerns-about-faulty-process-mistaken-foreclosures
Article by Marian Wang, September 29, 2010

 

Wells Fargo CEO grilled by House panel
Perhaps the House should consider cremation next time...

Our Montana home and ranch is being stolen by Wells Fargo.  Wells Fargo has had every opportunity to tell the truth, take responsibility for their fraud and make things right. Instead, they have denied involvement, refused to provide records, held witnesses hostage, and bought and paid for systemic silence. God help America if she does not act swiftly to end this corruption and terrorism. We have met state representatives and countless officials at the Nation's Capitol who have had their homes stolen by Wells Fargo. They have asked us to keep fighting for them and for all Americans. We are, and we will, but our voices need the backup choir of American homeowners from across this land. Join the battle. Fight for our homes.
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Source: https://www.usatoday.com/story/money/business/2016/09/29/live-wells-fargo-ceo-hearing/91260900/
Article by Brett Molina and Matt Krantz, September 29, 2016

 

Wells Fargo CEO John Stumpf Testifies About Unauthorized Wells Fargo Accounts
Unauthorized Wells Fargo Accounts are proof Wells Fargo has committed fraud and intentionally stolen from innocent consumers. They are also guilty of the unauthorized selling of their customers' homes. Not only have they been convicted of committing criminal acts, but their record indicates they have habitually committed criminal acts. We have presented evidence of fraud, mortgage abuse, and theft to the offices of the Montana Attorney General, Banking Commissioner, State Auditor, Lewis and Clark Sheriff, Governor, all 150 State Representatives and Senators, Montana Courts, and other such authorities and officials in Montana. We have been told no one in Montana has jurisdiction over Wells Fargo and no one in Montana is going to stand up to Wells Fargo or the national banks. Then WHY is Wells Fargo in Montana? Why is Montana allowing a criminal to come into their borders to rob, kill and destroy with complete impunity? Montana, wake up! If national banks can cross our border and not be held accountable, they should not be allowed to do business in our state. Why are those who are supposed to protect us allowing a criminal like Wells Fargo to attack innocent citizens in Montana? Follow the money. We have and it is quite eye opening to see why these officials will not help us.
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Tags: National
Source: https://www.C-span.Org/video/?415981-1/Ceo-john-stumpf-testifies-unauthorized-wells-fargo-accounts#

 

Wells Fargo CEO John Stumpf Resigns In Wake Of Bank Scandal
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Source: http://www.huffingtonpost.com/entry/wells-fargo-ceo-john-stumpf-resigns-in-wake-of-bankscandal_us_57fea73ee4b0e8c198a5dbc6?
Article by Dan Freed and Elizabeth Dills, October 12, 2016

 

Letter warned Wells Fargo of 'widespread' fraud in 2007
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Source: http://money.cnn.com/2016/10/18/investing/wells-fargo-warned-fake-accounts-2007/index.html
Article by Matt Egan October 18, 2016

 

Wells Fargo Is Accused of Making Improper Changes to Mortgages
Homeowners sue Wells Fargo for changing their mortgages without seeking court approval and following the proper protocol. Taking advantage of families facing financial troubles and bankruptcy is really low…even for a bankster. We pray these banksters will personally experience that old adage what goes around comes around.
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Source: https://www.nytimes.com/2017/06/14/business/wells-fargo-loan-mortgage.html
Article by Gretchen Morgenson, June 14, 2017

 

Wells Fargo Lending Practices Show Jim Crow Is Still Alive And Well At Wells Fargo
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Tags: National
Source: https://mfi-miami.com/2018/01/wells-fargo-lending-1/
Article by MFI-Miami

 

Foreclosure Fraud Is Supposed to Be a Thing of the Past, But It Happens Every Day
Not only are the banksters digitally signing the assignments, but they are digitally notarizing them. So the computer appears before the computer, I guess, to verify that this was the authentic computer that signed the document.

Today is always a very bad day for foreclosure. When you did nothing wrong, did not default, and did not give cause or right for your home to be taken from you, and your property is unlawfully foreclosed upon, today becomes the day America was stolen from the American people.
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Source: https://theintercept.com/2016/05/18/foreclosure-fraud-is-supposed-to-be-a-thing-of-the-past-but-it-happens-every-day/
Article by David Dayen, May 18, 2016

 

As Wells Fargo is Accused of Fabricating Foreclosure Papers, Will Banks Keep Escaping Prosecution?
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Source: https://www.democracynow.org/2014/3/21/as_wells_fargo_is_accused_of
Article by DemocracyNow.org

 

Trump's Wells Fargo tweet: Get ready for 'severe' penalties
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http://money.cnn.com/2017/12/08/investing/trump-twitter-wells-fargo/index.html?iid=EL
Article by Matt Egan December 8, 2017

 

Bank of America Escalates Foreclosures After Settlement
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Source: https://www.aol.com/article/2011/09/26/bank-of-america-escalates-foreclosures-after-settlement/20066296/
Article by The Associated Press, September 26, 2011

 

Brown Opening Statement at Banking Committee Hearing on Wells Fargo's Unauthorized Accounts
Excerpts from Senator Sherrod Brown's Opening Statement. Click on the PDF below to read the speech in its entirety. Excellent points made.
I was stunned when I learned of the breadth and duration of the fraud committed by Wells Fargo. I hope today we can begin to understand what went wrong and what needs to be done...The workers lost their jobs with no parachute of any color. And it's not just 5300 team members who paid the price, because many more were fired when they couldn't make the quotas, and still more chose to quit rather than cheat. By contrast, Ms. Carrie Tolstedt, the Senior Executive Vice President For Community Banking, has done quite well. She knew of this problem at least five years ago, and is retiring with a package that may be worth more than the CFPB's record fine of $100 million dollars. So 5300 team members, earning perhaps $30,000 a year, have lost their jobs, while Ms. Tolstedt walks away with $100 million, give or take....You would think the lessons of the financial crisis, which came at such a high cost to our country, would change the way banks do business.

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Source: https://www.brown.senate.gov/newsroom/press/release/brown-opening-statement-at-banking-committee-hearing-on-wells-fargos-unauthorized-accounts
Article by Senate Press Release, September 20, 2016

 

Fannie Mae Slapping Deficiency Judgments on Decades-Old Debt
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Source: https://defendyourhomefightforeclosure.wordpress.com/2014/11/25/fannie-mae-slapping-deficiency-judgments-on-decades-old-debt/
Article by Denver, Colorado Foreclosure Defense Attorney, November 25, 2014

 

Obama’s Foreclosure Relief Program Was Designed to Help Bankers, Not Homeowners
It's a terrible irony. This man who represents so much to people of color has presided over more wealth destruction of people of color than anyone in American history....Perhaps the worst legacy of the failure to stop the crisis is the impact on trust in government itself. HAMP'S predatory lending schemes reinforced the old Ronald Reagan dictum that the most dangerous words in the English language are "I'm from the government and I'm here to help." How do you tell families who signed up for an aid program that ended up actively harming them to ever believe in government again?
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Source: http://billmoyers.com/2015/02/14/needless-default/
Article by David Dayen, February 14, 2015

 

Federal Government and State Attorneys General Reach $25 Billion Agreement with Five Largest Mortgage Servicers to Address Mortgage Loan Servicing and Foreclosure Abuses
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Source: https://www.justice.gov/opa/pr/federal-government-and-state-attorneys-general-reach-25-billion-agreement-five-largest
Article by Department of Justice News Release, February 9, 2012

 

Wells Fargo Offers Regrets, but Doesn’t Admit Misconduct

Wells Fargo claims their wrongdoings are not part of an intentional strategy. Based on our personal experiences, we disagree. Read our story. What they have done to us is unquestionably intentional  and malicious. The Executive Offices know the whole story and have done nothing to stop the abuse. The first step to change is admitting you need to. Until Wells Fargo takes some responsibility for their actions, they are not going to change. Think about it...
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Source: http://www.nytimes.com/2016/09/10/business/dealbook/wells-fargo-apologizes-but-doesnt-admit-misconduct.html?_r=0
Article by Michael Corkery, September 9, 2016

 

Thousands of Aggressive Homeowners Secretly Settle Fraudclosures With Gag Clauses

The reason why you don't hear about success in defeating the banks is because people are under gag orders not to talk about it. No more silence. No more abuse. What the banksters did to you was wrong. What the banksters are doing to us is wrong. What the banksters are going to do to others can be stopped. Speak up, America! Stop these banksters from abusing our fellow Americans and stealing our land any further. Remember what happened in Nazi, Germany when people were silent. PLEASE! Speak up before history repeats itself!!
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Source: https://livinglies.wordpress.com/2014/05/21/thousands-of-aggressive-homeowners-secretly-settle-fraudclosures-with-gag-clauses/
Article by Neil Garfield, May 21, 2014

 

HSBC v. TAHER | Judge Schack Grand Slam!! MERS, Plaintiff's Counsel, Ocwen Robo-Signers Christina Carter, Scott Anderson, Margery Rotundo Dismissed w/ Prejudice
It is coming around!
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Source: http://stopforeclosurefraud.com/2011/07/06/hsbc-v-taher-judge-schack-grand-slam-mers-plaintiffs-counsel-ocwen-robo-signers-christina-carter-scott-anderson-margery-rotundo-dismissed-w-prejudice/
Article by StopForeclosureFraud.com, July 6, 2011

 

Foreclosures take an emotional toll on many homeowners
Many? Can someone please provide the names of homeowners who have endured foreclosure without it taking an emotional toll on them, their family and even their community? Financial concerns are arguably the most intense concern, issue, stress, or threat families face in our society today. Maybe that is why our founding fathers ensured we could have property rights when they established America? This is a serious issue that needs to be addressed. Home ownership and the right to due process are foundational rights of American citizens. Mortgage fraud strips innocent Americans of both!
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Source: http://usatoday30.usatoday.com/money/economy/housing/2008-05-14-mortgage-foreclosure-mental-health_n.htm
Article by Stephanie Armour, May 16, 2008

 

Study centers on foreclosure' stress on family life
Latino families are being foreclosed on...and it is hurting them.
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Tags: National
Source: http://www.washingtonpost.com/wp-dyn/content/article/2010/02/12/AR2010021204156_pf.html
Article by Washington Post Staff Writer, February 16, 2010

 

Foreclosures Are Killing Us
Foreclosure is not just a metaphorical epidemic, but a bona fide public health crisis. Foreclosures are killing us...in more ways than one.
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Source: http://www.nytimes.com/2011/10/03/opinion/foreclosures-are-killing-us.html
Article by Craig E. Pollack and Julia F. Lynch, October 2, 2011

 

More Than 10,000 Suicides Tied To Economic Crisis, Study Says
Suicide caused due to mortgage fraud and abuse should be prosecuted as murder. The mortgage robbers are planning, scheming and executing murder on the lives of innocent homeowners. This is premeditated murder. Therefore, those involved with wrongful foreclosure should be charged as accomplices to murder!  This is especially true of attorneys who knowingly allow and participate in the wrongful foreclosures. Mortgage robbers are making homeowners feel suicide is their only way out. This must stop. America cannot shirk her responsibility to her own citizens while crying out across the ocean to foreign lands, Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door....
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Source: https://www.forbes.com/sites/melaniehaiken/2014/06/12/more-than-10000-suicides-tied-to-economic-crisis-study-says/#27b0e6307ae2
Article by Melanie Haiken, June 12, 2014

 

Recession 'link' with over 10,000 suicides in the West
Mortgage Robbers, and those who are helping you steal American homes, you have blood on your hands. America may never know just how many murders you actually committed against our citizens. God knows, and we pray God will hold you doubly accountable for your actions and inactions on every wrongful foreclosure that has occurred in our homeland. We pray each day that God will bless America and God will judge you.
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Source: http://www.ox.ac.uk/news/2014-06-12-recession-link-over-10000-suicides-west
Article by Ox.AC.UK/News, June 12, 2014

 

OCC Terminates Mortgage Servicing-Related Consent Order Against Wells Fargo Bank, Issues $70 Million Civil Money Penalty
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Source: http://www.occ.gov/news-issuances/news-releases/2016/nr-occ-2016-61.html
Article by Bryan Hubbard, May 25, 2016

 

Debt Collectors Harass Americans Even After They've Lost Their Homes To Banks
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Source: http://www.huffingtonpost.com/2014/10/14/debt-collectors-foreclosure_n_5981622.html?utm_hp_ref=foreclosure-crisis
Article by Michelle Conlin, December 14, 2014

 

Distressed Homeowners Need Lots of Help
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Source: http://www.huffingtonpost.com/joel-sucher/distressed-homeowners_b_5449165.html?utm_hp_ref=foreclosure-crisis
Article by Joel Sucher, August 6, 2014

 

Freddie Mac Unaware Of Homeowner Complaints, Inspector General Concludes
See no evil, hear no evil, and expose no evil policies do not change whether or not evil is happening all around us. These policies cannot be allowed to exist at institutions that are supposed to protect our homes.
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Source: http://www.huffingtonpost.com/2013/03/21/freddie-mac-homeowner-complaints-inspector-general_n_2919641.html?utm_hp_ref=foreclosure-crisis
Article by Ben Hallman, March 21, 2013

 

The Next Housing Crisis Is Here
And...it will forever be here unless America stands up and takes our country back from those who are stealing our land.
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Source: http://www.businessinsider.com/housing-supply-crisis-is-looming-2016-3
Article by Myles Udland, March 21, 2016

 

How Bank Watchdogs Killed Our Last Chance At Justice For Foreclosure Victims
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Source: http://www.huffingtonpost.com/2014/04/29/bank-foreclosure-victims_n_5228275.html?utm_hp_ref=foreclosure-crisis
Article by Ben Hallman, April 30, 2014

 

The Next Housing Crisis Is Pending

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Source: http://www.marketwatch.com/story/the-next-housing-crisis-is-pending-2016-05-04
Article by Michael Brush, May 6, 2016

 

Why JP Morgan Data Breach Is Like No Other
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Source: http://www.theatlantic.com/business/archive/2014/10/why-the-jp-morgan-data-breach-is-like-no-other/381098/
Article by Jake Swearingen, October 3, 2014

 

America's Foreclosure Crisis Isn't Over
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Source: http://www.cbsnews.com/news/americas-foreclosure-crisis-isnt-over/
Article by Robert Hennelly, January 26, 2016

 

CFPB Takes Action Against PHH Corporation for Mortgage Insurance Kickbacks
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Source: https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-phh-corporation-for-mortgage-insurance-kickbacks/
Article by ConsumerFinance.gov, January 29, 2014

 

CHASE Bank Sells Off Soldier’s Home On The Very Same Day He Returns From Iraq
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Source: https://thinkprogress.org/chase-bank-sells-off-soldiers-home-on-the-very-same-day-he-returns-from-iraq-d4dd80ab2745?mobile=nc
Article by Zaid Jilani, August 10, 2011

 



PHH Mortgage settles suit alleging improper foreclosures against military personnel
PHH Mortgage Corp. will pay $750,000 to settle claims it improperly foreclosed on the homes of six members of the armed services, the U.S. Justice Department said Wednesday.
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Source: https://www.courierpostonline.com/story/news/local/south-jersey/2019/02/06/phh-mortgage-settles-lawsuit-military-foreclosures-servicemembers-civil-relief/2791570002/
Article by Jim Walsh, February 6, 2019

 

Banks May Have Illegally Foreclosed On Thousands Of Military Members
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Source: http://www.khq.com/story/16147349/banks-may-have-illegally-foreclosed-on-thousands-of-military-members
KHQ.com

 

JPMorgan CHASE Whistleblower: 'Essentially Suicide' To Stand Up To Bank
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Source: http://www.huffingtonpost.com/2012/05/07/linda-almonte-jpmorgan-chase-whistleblower_n_1478268.html
Article by Loren Berlin, May 8, 2012

 

Max Gardner’s Top 200 Signs You’ve Got a False Document & New Blog Friend Lizinsarasota or SarasotaLiz
Articles, blogs, stories, and cases about mortgage abuse issues.
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Source: http://chasehomefinancesux.com/?p=958
Article by ChaseHomeFinanceSux-DBA-ChaseManhattanMortgageCorpSux, 2017

 

The National WAMU (WASHINGTON MUTUAL) Homeowners Support Group “WAMU…screwed the wrong people!”
The National WAMU (Washington Mutual) Homeowners Support Group is comprised of WAMU borrowers across America who have come together to support one another in achieving a workable, sustainable solution to the foreclosure crisis.
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Source: http://www.wamuloanfraud.com/node/4

 

Foreclosure Victims’ Blog — Foreclosure Law
Facts and legal info about WAMU (Washington Mutual). WAMU almost never assigns the Deed of Trust or Mortgage.  WAMU forecloses directly or through JPMorgan CHASE, its alleged new owner.
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Source: http://freeforeclosurelawyer.com/foreclosure-victims-blog/

 

WaMu (WASHINGTON MUTUAL) bank executives aware of rampant fraud yet they failed to act, Senate investigation finds.
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Source: http://www.publicintegrity.org/2010/04/12/4144/wamu-bank-executives-aware-rampant-fraud

 

Rip Off Reports - PHH Abuse
Victims tell their PHH abuse stories. Alerts. Warnings. Forged documents. Things to watch for. If PHH is your servicer, and you have any equity, we echo a loud BEWARE. It happened to us. Remember, it could happen to you.

Excerpt from the It Happened To Us music video: They said, Today we will steal all you own, all you own. They said, Today we will steal all you own.
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Source: http://www.ripoffreport.com/Search/phh.aspx

 

Top 318 Complaints and Reviews about PHH Mortgage
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Source: https://www.consumeraffairs.com/finance/phh_mortgage.html

 

PHH Agrees to Pay Over $74 Million to Resolve Alleged False Claims Act Liability Arising from Mortgage Lending
“PHH submitted defective loans for government insurance, and homeowners and taxpayers paid the price.
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Source: https://www.justice.gov/opa/pr/phh-agrees-pay-over-74-million-resolve-alleged-false-claims-act-liability-arising-mortgage
Article by Department of Justice, August 8, 2017

 

PHH Mortgage - Complaints Board
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Source: https://www.complaintsboard.com/complaints/phh-mortgage-c384930.html

 

Special Report: The latest foreclosure horror: the zombie title
Six years in, thousands of homeowners are finding themselves legally liable for houses they didn't know they still owned after banks decided it wasn't worth their while to complete foreclosures on them. With impunity, banks have been walking away from foreclosures much the way some homeowners walked away from their mortgages when the housing market first crashed.
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Source: http://www.reuters.com/article/us-usa-foreclosures-zombies-idUSBRE9090G920130110
Article by Michelle Conlin, January 10, 2013

 

Three Million Seniors Risk Losing Homes
This article provides statistics on how the foreclosure crisis is affecting seniors: 600,000 home loans for 50+ Americans were in foreclosure and 625,000 home mortgages were “seriously” delinquent (>90 days) as of December 2011. From 2007 to the end of 2011, 1.5 million senior homeowners lost their homes due to the housing collapse, and it has continued on. America, this has to stop!
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Source: http://www.aarp.org/content/dam/aarp/research/public_policy_institute/cons_prot/2012/nightmare-on-main-street-AARP-ppi-cons-prot.pdf

 

Bank Officials Cited in Churn of Foreclosures
According to this article, Bank of America, JP Morgan CHASE, Wells Fargo, Citigroup and Ally signed a settlement for $26 Billion because they engaged "in a pattern of unfair and deceptive practices." JP Morgan CHASE, operations supervisors "routinely signed foreclosure documents, including affidavits, certifying that they had personal knowledge of the facts when they did not." Employees of JP Morgan CHASE took on titles like "vice president of CHASE Home" even though "the titles were given by CHASE for the sole purpose of allowing individuals to sign documents and came with no other duties or authority. In one review of 36 foreclosures at JP Morgan CHASE, the bank was able to find documents explaining what the borrowers purportedly owed in only four cases. And in three of those four instances, the underlying documents proved incorrect. You can read more of the complaints against each of the banks by clicking on the link above.
Read more...

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Tags: National
Source: http://www.nytimes.com/2012/03/13/business/federal-report-cites-bank-officials-in-foreclosure-surge.html
Article by Nelson D. Schwartz and J. B. Silver-Greenberg, March 12, 2012

 

Biggest Housing Bubble Since 807 AD Has Burst
Many claim that housing is currently experiencing a rebound. Whether or not that ends up being verified, the housing crash which started in 2007 is so massive that it is historic in its significance.
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Tags: National
Source: http://www.zerohedge.com/contributed/2012-11-20/grantham-biggest-housing-bubble-807-ad-has-burst
Article by George Washington, November 20, 2012

 

Cities with the Most Home Foreclosures in America - way too many red dots!
According to this article, 1 in 46 homes in the USA are in foreclosure. Google maps show current foreclosures across the United States in 2011.  Dots pinpoint actual current foreclosures. Cities mapped are  Boise, Idaho; Cape Coral, Deltona, Lakeland, Naples, Orlando, Port St. Lucie, Sarasota, Tampa, Florida; Bakersfield, Merced, Miami, Modesto, Riverside, Sacramento, Stockton, Vallejo, California; Reno, Nevada; Phoenix, Arizona;  Las Vegas, Nevada. Take a few minutes and look at these maps. This should never have happened and it is time for it something to be done to stop it and prevent it from ever happening again. Get involved.
Note: The link to this article is no longer working. Click here to see the maps.
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Tags: National
Source: http://www.thearizonasentinel.com/2011/06/09/cities-with-the-most-home-foreclosures-in-america-way-too-many-red-dots/

 

Amid New Reports of Continued Robo-Signing, Brown Calls for End to Risky Practices Undermining Housing Market
....Furthermore, we believe that the full disclosure of these documents to the public is necessary given the recent reports by both the Associated Press and Reuters of the continued widespread practice of "robo-signing" among mortgage servicers. Both have alleged that servicers continue to file thousands of property documents that appear to be fabricated.[1] Reuters also quoted a top representative from the mortgage servicing industry saying that the Consent Orders have "not put a stop to questionable practices." David Stevens, president of the Mortgage Bankers Association, tellingly said that some loan servicers "continue to cut corners" and "the real question is wether the servicer complied with all legal requirements." [2]
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Tags: National
Source: http://www.brown.senate.gov/newsroom/press/release/amid-new-reports-of-continued-robo-signing-brown-calls-for-end-to-risky-practices-undermining-housing-market
Article by Senate Press Release, July 21, 2011

 

How Foreclosure Affects Your Credit Score and Your Life
For millions across the nation, the possibility of foreclosure has become a harsh reality, and many are dealing with the affects foreclosure has on their credit record....a foreclosure can remain active on your credit report for seven years...

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Tags: National
Source: http://realestate.aol.com/blog/2010/12/09/how-foreclosure-affects-your-credit-score-and-your-life/
Article by Nina Silberstein, December 9, 2010

 

PHH Mortgage Services
Eyewitness accounts of PHH mortgage abuse and foreclosure fraud. From a former employee, I worked for this company and let me tell you they do NOT care about customers, *** they don't even care about their own employees...It use to bother me so bad with some of the people who were actually going through hard times and crying to you on the phone and we are trained to be the way we are, its not a bunch of us who don't care, its just we are doing what we're told to do...I just thought a company would be doing more to help its customers in the extraordinary times. From another ex-employee, This place has to be the best place in the world to steal personal information. Departments and others had access to Names, Addresses, Social Security Numbers, Loan Amounts, Interest Rates, Personal Comments regarding client, contact, Employer name, Employer Address, Reported Salary, on and on. For fun, I used to look up sports stars and radio personalities in my area. Just to see what I could dig up. All I had to do was type in a last name or property location - BOOM PERSONAL INFO GALORE, even it I was not dealing with the account at the moment. Tons of people had this privilege. Who is servicing your loan? After reading some of these accounts, I have a question I would like to pose to the judicial system and victims of identity theft. Could the mortgage companies and banks be implicated, indicted and convicted for the identity theft crimes across the country? Will some investigators and law enforcement officials take a look at this? It is strange that the two happened around the same time, is it not? It at least deserves some investigation. Please help.
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PHH Data Breach Exposes Employee Information - Read more...
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Sample letter that PHH sent out - Read more...
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Source: http://www.afscanhelp.com/companies/mortgage-companies/phh-mortgage-services.cfm
https://www.americanbanker.com/news/phh-data-breach-exposes-employee-information
https://oag.ca.gov/system/files/Letter%20Version%201_proof_PHH_0.pdf?

 

JP Morgan Chase - Too Big Not To Fail
Eyewitness accounts of Mortgage company abuse and foreclosure fraud. It happened to us. It could happen to you. Wake up, America. If it is happening to us, it is happening to you. We are all in this thing together.

HEY CHASE! You are not too big to fail. The truth is you are so big, you are going to fall REALLY hard when you fail. Today, tomorrow, or some day soon, you are going to get caught and the American people are going to come for you. Rest assured the Nickersons will not stop until you are held accountable for what you have done to us.
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More from chasechase.org Nationwide - True Stories of WaMu'ed (WASHINGTON MUTUAL) into CHASE "We got trouble right here in River City, with a capital T that rhymes with C and that stands for CHASE"
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Source: http://www.chasechase.org/#chasefraud
http://www.chasechase.org/stories.html

 

The Federal Reserve Fraud and "the Invisible Government"
In 1913 Congressman Charles Lindbergh stated this about the Federal Reserve Act:  This Act establishes the most gigantic trust on earth....When the President signs this Act, the invisible government by the money power, proven to exist by the Money Trust Investigation, will be legalized....The new law will create inflation whenever the trust wants inflation....From now on, depression will be scientifically created.

We have in this country one of the most corrupt institutions the world has ever known.  I refer to the Federal Reserve Board and the Federal Reserve Banks.  Some people think the Federal Reserve Banks are U.S. government institutions.  They are not government institutions.  They are private credit monopolies; domestic swindlers, rich and predatory money lenders which prey upon the people of the United States for the benefit of themselves and their foreign customers.  The Federal Reserve Banks are the agents of the foreign central banks. The truth is the Federal Reserve Board has usurped the Government of the United States by the arrogant credit monopoly which operates the Federal Reserve Board."  [Congressman Louis T. McFadden, Chairman of the House Banking & Currency Committee, speech on the floor of the House of Representatives, June 10, 1932]

NOTE: In 2007, the President, Chairman, and CEO of JP Morgan CHASE James Dimon (Jamie Dimon) joined the board of directors of the New York Federal Reserve. That is right. The CEO of CHASE served as the Director of the Board of Directors of the New York Federal Reserve.
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Tags: National
Source: http://www.healthfreedom.info/Federal_Reserve_Fraud.htm
Article by HealthFreedom.info

 

Max Gardners Top 200 Signs You've Got a False Document
Max Gardner's Top 200 Signs You've Got a False Document as published by the Florida Bar in 2008
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Source: http://www.scribd.com/doc/60281594/Max-Gardner-s-Top-200-Signs-You-ve-Got-a-False-Document-as-published-by-the-Florida-Bar-in-2008

 

List of Foreclosure Law Firms Linked To Robo Signing.
List of Foreclosure Law Firms Linked to Robo-Signing Foreclosure Mills, State-by-State. According to this site, if your foreclosure involves a law firm whose name is on the list, then there is a good chance that many fraudulent practices were employed. Just Law, the law firm representing PHH in our case is on the list. Check the list for your attorneys.
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Source: http://freeforeclosurelawyer.com/foreclosure-victims-blog/2011/02/12/list-of-foreclosure-law-firms-linked-to-robo-signing/

 

Who's Your Lender
A case on finding out how to gather evidence to fight and win your case.  According to this article you should do some research on your loan regardless of your payment status. If there is a problem, get a good attorney: I have heard countless horror stories from homeowners who retained an attorney in a panic and wound up losing their cases because the attorney didn't file the contested answer properly or was in so far over their heads valuable time and opportunity was lost...the moral of the story is to retain the best counsel you can - and manage them and the process. You and your attorney should be a team. If you know the fraud and he/she knows the law, you will have a very good chance of obtaining real relief in the courts. Prepare for battle and fight to win.
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Source: http://www.theburningplatform.com/?p=36785
Article by TheBurningPlatform.com, February 5, 2014

 

Wrongful Foreclosure Training & Resources
A case for educating the homeowner. A must read for all homeowners. Provides legal strategies, definitions, and fraud alerts. Excellent How To Save Your Home information. Updated daily. This is a good site for learning more about protecting yourself. Take some time and look around the site.
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Source: http://www.operationrest.org/WrongfulForeclosure

 

Foreclosure Fraud For Dummies, 2: What is a Note, and Why is it so important?
This should be a must read for mortgage companies and attorneys. An authentic, original note is a crucial document for every party to a mortgage. Find out why.
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Source: http://www.rortybomb.wordpress.com/2010/10/11/foreclosure-fraud-for-dummies-2-what-is-a-note-and-why-is-it-so-important/

 

A Foreclosure Search On YouTube
www.youtube.com/ithappenedtous
Click on the link above to review search pages on YouTube. When our channel comes up, in the search box at the top of the page, type in the following searches one at a time and press enter: 1) Foreclosure, 2) PHH foreclosure fraud, 3) CHASE mortgage abuse, 4) mortgage abuse, 5) mortgage fraud, and 6) robo signers. Scroll down each search page and you can choose what videos are of value to you and your research needs. You can also click on the individual links below and be taken directly to that search page.

foreclosure
PHH foreclosure fraud
CHASE mortgage abuse
mortgage abuse
mortgage fraud
robo signers

This case requires a little time and research on your part, but the information and resources you can capture are worth it. What will you find? Video after video of corruption, fraud and abuse. Facts. Evidence. Proof. Tragedy. This is real. It is really happening. It is time for it to stop. Do your part.

Note: We are sending you directly to our channel so you have a little more control in filtering what YouTube videos pop up.
Use personal discretion.


Source: www.youtube.com/ithappenedtous
http://youtube.com/results?search_query=foreclosure
http://youtube.com/results?search_query=PHH+foreclosure+fraud
http://youtube.com/results?search_query=Chase+mortgage+abuse
http://youtube.com/results?search_query=mortgage+abuse
http://youtube.com/results?search_query=mortgage+fraud
http://youtube.com/results?search_query=robo+signers

 

The Case of Robo Signers
This editor speaks frankly on robo signing: It should not be called robo signing. Call it what it really is, fraud, forgery, civil theft, deceit, greed, accessory to grand larceny, and an attempt to rip away the American dream of home ownership from people and families. Alphabetical list by first name of known and suspected robo signers. Check your documents to see if you have been defrauded. It happened to us. It could happen to you.
Read more...
Click here for more facts on robo signers.

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Source: http://www.scribd.com/doc/82145542/Suspected-Robo-Signers
http://youtube.com/results?search_query=robo+signers

 

Robo-signing and its Connection to Fraudulent Foreclosures
Due to the thousands of cases of foreclosure fraud that have been going on around the nation, if your home is at risk of foreclosure for any reason, it's imperative that you enlist the services of a qualified attorney. In light of the thousands of forged signatures, robo-signed documents, and the computerized signatures, it's important to to have a professional carefully comb through your documents in order to determine whether or not fraud is an issue in your particular case. Thousands of homeowners have been forced to move out of their homes and have their credit ruined due to robo-signing and other fraudulent practices by mortgage servicers; you don't want to be one of them.

CRITICAL UPDATE: THE NICKERSONS MUST RETRACT THE ABOVE RECOMMENDATION. THOUGH WE STILL MAINTAIN THERE IS, OR SHOULD BE, SOME WISDOM IN ENLISTING THE HELP OF PROFESSIONALS IN NAVIGATING THE JUDICIAL SYSTEM, EXPERIENCE COMPELS US TO WARN YOU FRAUD IS NOT LIMITED TO THE MORTGAGE COMPANIES. HOMEOWNERS, BEWARE! SADLY, OUR STORY HAS BECOME A GRAVE REMINDER OF HOW ALL OF US MUST BE VERY CAREFUL WHO WE TRUST OR ENLIST TO HELP US IN THIS BATTLE. MORE ON THIS PART OF THE STORY SOON...
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Source: http://www.hg.org/articles.asp?id=28371

 

Defending Foreclosure Actions By Bringing In Third Parties
The current mortgage crisis requires zealous consumer advocates to use all available tools and strategies in defending foreclosures...Typical claims may include common law fraud, violation of unfair and deceptive practices or consumer fraud statutes, breach of fiduciary duty, unjust enrichment, and notarial misconduct.
Incredible case. A must read for all honorable attorneys and judges.

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Source: http://nulj.org/journal/Weinberg.pdf
http://docplayer.net/5927474-Defending-foreclosure-actions-by-bringing-in-third-parties-defending-foreclosure-actions-by-bringing-in-third-parties.html
http://www.msfraud.org/Articles/Northeastern%20University%20Law%20Journal%20re%
20Subprime%20Lending.pdf

 

What's the Difference Between a Mortgage and Deed of Trust?
....Keep reading to learn the difference between these two documents and how they relate to the foreclosure process...
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Source: https://www.nolo.com/legal-encyclopedia/whats-the-difference between-mortgage-deed-trust.html
Article by Amy Loftsgordon

 

HSBC Gets Small Fine For Terrorist Transactions

Everett Stern, a former HSBC compliance officer who complained to his supervisors about the Hezbollah linked transactions, told HuffPost he was 'ecstatic and depressed at the same time." "Those are my transactions, I reported them," he said, satisfied that the government was taking action. But he added, "Where I am upset was those were a handful of transactions, and I saw hundreds of millions of dollars" being transferred.
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Source: https://www.huffpost.com/entry/hsbc-terrorists_n_4467329
Article by Matt Sledge, January 23, 2014

 

Wells Fargo: Stop the foreclosure on my dead mother's home
Confirmed victory...This petition made change with 159,112 supporters!
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Source: https://www.change.org/p/wells-fargo-stop-the-foreclosure-on-my-dead-mother-s-home
Article by Gail Leeks and Jora Trang, August 30, 2012

 


Are YOU A Mortgage Robber?

Do you work for one of the national banks? Are you employed in the servicing abuse industry? Have you witnessed illegal acts of mortgage fraud, abusive debt collection, and property right terrorism? Were you an employee who heard our story but did not know what to do to help stop our abuse? We still need your help. Your country still needs your help. Theodore Roosevelt said, "In any moment of decision, the best thing you can do is the right thing. The worst thing you can do is nothing." Please join the fight and do something to stop the abuse. It happened to us. It could happen to you...

Will you make a difference?





Whistleblower Cases

Below are cases of people who are doing what they can. These are some of the unsung heroes of the Great Mortgage Holocaust of the 21st Century. They did something...they made a difference. Will you? We can stop these banksters if we all join together and just do the right thing. Please, have the courage and integrity to stand up and speak out.

Whistleblowers, thank you for standing up and fighting for all of us! You are making a difference. Thank you for being heroes...


Bank of America Foreclosure Reviews: Whistleblowers Reveal Extensive Borrower Harm and Orchestrated Coverup (Part I – Executive Summary)
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Bank of America Foreclosure Reviews: Whistleblowers Reveal Extensive Borrower Harm and Orchestrated Coverup (Part II)
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Source: http://www.nakedcapitalism.com/2013/01/bank-of-america-foreclosure-reviews-whistleblowers-provide-extensive-evidence-of-borrower-harm-and-orchestrated-coverup.html
http://www.nakedcapitalism.com/2013/01/37705.html

 

Whistleblowers win $46.5 million in foreclosure settlement/Lynn Szymoniak, Foreclosure Victim, Receives $18 Million For Investigating Mortgage Crisis

Read more from money.CNN...
Read more from Huffington Post...
Getting served with foreclosure papers made Lynn Szymoniak rich. While she couldn't have known it at the time, that day in 2008 led her to uncovering widespread fraud on the part of some of the country's biggest banks, and ultimately taking home $18 million as a result of her lawsuits against them. Bank of America, Wells Fargo, J.P. Morgan CHASE, Citigroup, and Ally Financial, thank you all for your involuntary contributions in rewarding this brave whistleblower and her fellow victims. Thank you also for reminding all of us of the False Claims Act. This presents a great solution for all the unemployed, homeless, abused casualties of the Great Mortgage Holocaust of the 21st Century. Victims, whistleblowers get paid between 15% to 30% of the sums collected in their cases. There is plenty of corruption to go around in this homeowner massacre.  We need whistleblowers to come forward. Join the fight for our homes. We can take the bad guys down, rebuild what has been stolen from us, and help restore integrity and justice in America. Anyone want to apply?

CNN - View article as PDFView as PDF

Huffington Post - View article as PDFView as PDF


Source: http://money.cnn.com/2012/07/02/news/economy/whistleblowers-foreclosure-settlement/index.htm
http://www.huffingtonpost.com/2012/03/15/lynn-szymoniak-whistleblower-18-million_n_1347475.html

 


Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.


Supreme Court
“There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents, and even judgments.

Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from court, a false promise of a compromise; or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat; or where the attorney regularly employed corruptly sells out his client's interest to the other side, — these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and annul the former judgment or decree, and open the case for a new and a fair hearing.”

United States v. Throckmorton, 98 U.S. 61, 25 L. Ed. 93, 25 L. Ed. 2d 93 (1878)

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Source: United States v. Throckmorton, 98 U.S. 61, 25 L. Ed. 93, 25 L. Ed. 2d 93 (1878)
 

Genuine Factual Issues

“Our prior decisions may not have uniformly recited the same language in describing  genuine factual issues under Rule 56, but it is clear enough from our recent cases that at the summary judgment stage the judges function is not himself to weigh the evidence and to determine the truth of the matter but to determine there is a genuine issue for trial…There is no requirement that the trial judge make findings of fact. The inquiry performed is a threshold inquiry of determining whether there is a need for a trial – whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.”
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986)

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Source: Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986)
 

Supreme Court
“…the Court must enforce the statute that congress enacted,”
Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029, 586 U.S. (2019)

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Source: Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029, 586 U.S. (2019)
 

Justice and Fraud
“Furthermore, tampering with the administration of justice in the manner indisputably shown here involves far more than an injury to a single litigant. It is a wrong against the institutions set up to protect and safeguard the public, institutions in which fraud cannot complacently be tolerated consistently with the good order of society. Surely it cannot be that preservation of the integrity of the judicial process must always wait upon the diligence of litigants. The public welfare demands that the agencies of public justice be not so impotent that they must always be mute and helpless victims of deception and fraud.”

“Equitable relief against fraudulent judgments is not of statutory creation. It is a judicially devised remedy fashioned to relieve hardships which, from time to time, arise from a hard and fast adherence to another court-made rule, the general rule that judgments should not be disturbed after the term of their entry has expired. Created to avert the evils of archaic rigidity, this equitable procedure has always been characterized by flexibility which enables it to meet new situations which demand equitable intervention, and to accord all the relief necessary to correct the particular injustices involved in these situations.”
Hazel-Atlas Co. v. Hartford Co., 322 US 238, 64 S. Ct. 997, 88 L. Ed. 1250 (1944)

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Source: Hazel-Atlas Co. v. Hartford Co., 322 US 238, 64 S. Ct. 997, 88 L. Ed. 1250 (1944)
 

Attorneys and Fraud on the Court
“Professor Moore submits that the concept should ‘embrace only that species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.’ Id. at 515 (footnote omitted)…While an attorney ‘should represent his client with singular loyalty that loyalty obviously does not demand that he act dishonestly or fraudulently; on the contrary his loyalty to the court, as an officer thereof, demands integrity and honest dealing with the court. And when he departs from that standard in the conduct of a case he perpetrates a fraud upon the court’." 7 Moore, supra, at 513 (footnote omitted).
Kupferman v. Consolidated Research & Mfg. Corp., 459 F.2d 1072 (2d Cir., 1972)

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Source: Kupferman v. Consolidated Research & Mfg. Corp., 459 F.2d 1072 (2d Cir., 1972)
 

Judgments and Fraud
“This argument completely ignores the inherent power of a court to inquire into the integrity of its own judgments. Such a judgment implies the prior existence of a justiciable case or controversy between opposing litigants; but when the controversy has been terminated by a judgment, its freedom from fraud may always be the subject of further judicial inquiry; and the general rule that courts do not set aside their judgments after the term at which they were rendered has no application. The matter is not one of merely private concern subject to the action or inaction of the litigants, but is one of vast public importance, so that it becomes immaterial that the injured party may have been derelict in bringing the fault to the court's attention.

Indeed these facts not only justify the inquiry but impose upon us the duty to make it, even if no party to the original cause should be willing to cooperate, to the end that the records of the court might be purged of fraud, if any should be found to exist.

In the foregoing opinion in the Root cases, we cited the authorities for the principle that one who comes into a court of equity must come with clean hands, and the suitor who fails in this respect will be denied all relief, whatever may be the merits of his claim. That principle is equally applicable here.”
Root Refining Co. v. Universal Oil Products Co., 169 F.2d 514 (3d Cir. 1948)

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Source: Root Refining Co. v. Universal Oil Products Co., 169 F.2d 514 (3d Cir. 1948)
 

Appellate Practice and Rules of Procedure and Fundamental Justice
“There may always be exceptional cases or particular circumstances which will prompt a reviewing or appellate court, where injustice might otherwise result, to consider questions of law which were neither pressed nor passed upon by the court or administrative agency below. See Blair v. Oesterlein Machine Co., 275 U.S. 220, 225.
Rules of practice and procedure are devised to promote the ends of justice, not to defeat them. A rigid and undeviating judicially declared practice under which courts of review would invariably and under all circumstances decline to consider all questions which had not previously been specifically urged would be out of harmony with this policy. Orderly rules of procedure do not require sacrifice of the rules of fundamental justice.


…while recognizing the desirability and existence of a general practice under which appellate courts confine themselves to the issues raised below, nevertheless do not lose sight of the fact that such appellate practice should not be applied where the obvious result would be a plain miscarriage of justice.”
Hormel v. Helvering, 312 U.S. 552, 61 S. Ct. 719, 85 L. Ed. 1037 (1941)

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Source: Hormel v. Helvering, 312 U.S. 552, 61 S. Ct. 719, 85 L. Ed. 1037 (1941)
 

New Issues on Appeal
“To begin, it is a well-established general rule that an appellate court will not consider an issue raised for the first time on appeal. (citations omitted). This rule is not an absolute bar to raising new issues on appeal; the general rule is disregarded when we think it necessary to remedy an obvious injustice. See Thomas E. Hoar, Inc. v. Sara Lee Corp., 900 F.2d 522, 527 (2d Cir.), cert. denied, 498 U.S. 846, 111 S.Ct. 132, 112 L.Ed.2d 100 (1990). We will also sometimes entertain arguments not raised in the trial court if the elements of the claim were fully set forth and there is no need for additional fact finding. See Vintero Corp. v. Corporacion Venezolana de Fomento, 675 F.2d 513, 515 (2d Cir.1982). Entertaining issues raised for the first time on appeal is discretionary with the panel hearing the appeal.”
Greene v. US, 13 F.3d 577 (2nd Cir. 1994)

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Source: Greene v. US, 13 F.3d 577 (2nd Cir. 1994)
 

Attorney Neglect
"’Although a party who chooses an attorney takes the risk of suffering from the attorney's incompetence, we do not believe that this record exhibits circumstances in which a client should suffer the ultimate sanction of losing his case without any consideration of the merits because of his attorney's neglect and inattention.’); L.P. Steuart, Inc. v. Matthews, 329 F.2d 234, 235 (D.C.Cir.1964)

Primbs, 4 Cl.Ct. at 369-70 (granting relief in part because counsel ‘actively misled and lulled his client into believing this case was proceeding smoothly’).”
Community Dental Services v. Tani, 282 F.3d 1164 (9th Cir. 2002)

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Source: Community Dental Services v. Tani, 282 F.3d 1164 (9th Cir. 2002)
 

Leniency with Rules of Civil Procedure
“We recognize that the plaintiff represented himself and therefore, in evaluating his compliance with the technical rules of civil procedure, we treat him with great leniency.”
Draper v. Coombs, 792 F.2d 915 (9th Cir. 1986)

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Source: Draper v. Coombs, 792 F.2d 915 (9th Cir. 1986)
 

Jury Functions and Summary Judgment
“In Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), the Supreme Court explained… that ‘[c]redibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge, whether he is ruling on a motion for summary judgment or for a directed verdict. The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.’ Id. at 255, 106 S.Ct. 2505.

In T.W. Elec. Serv. Inc., v Pacific Elec. Contractor Ass’n, 809 F.2d 626 (9th Cir. 1987), we explained that, ‘at summary judgment, the judge must view the evidence in the light most favorable to the nonmoving party: if direct evidence produced by the moving party conflicts with direct evidence produced by the nonmoving party, the judge must assume the truth of the evidence set forth by the nonmoving party with respect to that fact.’ Id. at 630-31 (citations omitted).”
Leslie v. Grupo ICA, 198 F.3d 1152 (9th Cir. 1999)

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Source: Leslie v. Grupo ICA, 198 F.3d 1152 (9th Cir. 1999)
 

Reopening a Previously Resolved Question
“Depending on the nature of the case or issue and on the level or levels of the courts or courts involved, a court may have discretion to reopen a previously resolved question under one or more of the following circumstances:
(1) the first decision was clearly erroneous;
(2) an intervening change in the law has occurred;
(3) the evidence on remand is substantially different;
(4) other changed circumstances exist;
(5) a manifest injustice would otherwise result.”
Thomas v. Bible, 983 F.2d 152 (9th Cir. 1993)

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Source: Thomas v. Bible, 983 F.2d 152 (9th Cir. 1993)
 

Church and State
“The First Amendment, however, does not say that in every respect there shall be a separation of Church and State. Rather, it studiously defines the manner, the specific ways, in which there shall be no concert or union or dependency one on the other.
That is the common sense of the matter. Otherwise the state and religion would be aliens to each other-hostile, suspicious, and even unfriendly….
            Municipalities would not be permitted to render police or fire protection to religious groups. Policemen who helped parishioners into their places of worship would violate the Constitution. Prayers in our legislative halls; the appeals to the Almighty in the messages of the Chief Executive; the proclamation making Thanksgiving Day a holiday; ‘so help me God’ in our courtroom oaths-these and all other references to the Almighty that run through our laws, our public rituals, our ceremonies, would be flouting the First Amendment. A fastidious atheist or agnostic could even object to the supplication with which the Court opens each session: God save the United States and this Honorable Court.
            We are a religious people and our institutions presuppose a Supreme Being….When the state encourages religious instruction or cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions.
            For it then respects the religious nature of our people and accommodates the public service to their spiritual needs. To hold that it may not would be to find in the Constitution a requirement that the government show a callous indifference to religious groups. That would be preferring those who believe in no religion over those who do believe….
            We find no constitutional requirement makes it necessary for government to be hostile to religion and to throw its weight against the efforts to widen the scope of religious influence. The government must remain neutral when it comes to competition between sects….
            We cannot read into the Bill of Rights such a philosophy of hostility to religion.”
Zorach v. Clauson, 343 US 306 307 313, 1952

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“It is true that religion has been closely identified with our history and government. As we said in Engle v. Vitale, ‘The history of man is inseparable from the history of religion.’
            Secularism is unconstitutional….preferring those who do not believe over those who do believe….It is the duty of government to deter no-belief religions….Facilities of government cannot offend religious principles….
            [T]he State may not establish a ‘religion of secularism’ in the sense of affirmatively opposing or showing hostility to religion, thus preferring those who believe in no religion over those who do believe.”
School District of Abington Township v. Schempp, 374 U.S. 203, 212, 225 (1963)

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Source: Zorach v. Clauson, 343 US 306 307 313, 1952
School District of Abington Township v. Schempp, 374 U.S. 203, 212, 225 (1963)

 

Fraud...
“’Fraud vitiates everything it touches. It is difficult to define; there is no absolute rule as to what facts constituted fraud; and the law does not provide one `lest knavish ingenuity may avoid it’.…
"[T]he law does not define fraud; it needs no definition; it is as old as falsehood and as versable as human ingenuity."
Massey-Ferguson, Inc. v. Bent Equipment Company, 283 F.2d 12 (5th Cir. 1960)

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Source: Massey-Ferguson, Inc. v. Bent Equipment Company, 283 F.2d 12 (5th Cir. 1960)
 

Pro Se and Pleadings
“…we also are mindful of Supreme Court precedent that instructs federal courts liberally to construe the ‘inartful pleading’ of pro se litigants (citations omitted) (should treat pro se litigants with great leniency when evaluating compliance with the technical rules of civil procedure).

It is essential to our liberal pleading rules that ‘[a]ll pleading shall be so construed as to do substantial justice,’ Fed.R.Civ.P. 8(f).”
Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992)

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Source: Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992)
 

Amendment After Adverse Ruling
“It is not unreasonable that plaintiffs may seek amendment after an adverse ruling, and in the normal course district courts should freely grant leave to amend when a viable case may be presented.”
Lipton v. Pathogenesis Corp., 284 F.3d 1027 (9th Cir. 2002)

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Source: Lipton v. Pathogenesis Corp., 284 F.3d 1027 (9th Cir. 2002)
 


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