An Apology to Our Neighbors, Our Neighborhood and Our City

This is a letter I felt compelled to write to the letter of the editor of our local newspaper.

LETTER TO THE EDITOR:

This is an apology to our neighbors, our neighborhood and our city.  We apologize for how our home has deteriorated and how, it may seem that we have been neglectful of our home.  We have lived in our home and in this beautiful city, for almost nineteen years; and for many years we were very involved in trying to better our community and in some ways are still involved today, although, as you will see, we have been busy in other avenues of bettering, hopefully, our country when this is all said and done.

In 2004, after a very destructive year in our lives (the death of our son-in-law and grandson, the loss of a job and a son serving his country in Iraq); we were forced to refinance our home and unfortunately for us, had dealt with a loan company that, within six months after our “closing”, would receive a Cease and Desist letter from the State of Michigan for illegal practices.  We would learn this fact after the bank tried to illegally foreclose on our home in 2006.  We discovered that the involved lender had blatantly forged my husband and my signatures to the mortgage document, notarized that document and recorded it as legal tender at the Lapeer County Register of Deeds.

We spent the next six years, fighting the bank, over a crime that, had we committed, would have sent us straight to jail, paying restitution and suffering the consequences that go along with that type of decision.  We not only had to fight the bank; we had to fight the very court (bankruptcy) that we reported this crime to.  The trustee hired an attorney that jumped on the bandwagon to win an avoidance of the forged mortgage, only for that same attorney to turn around, after we won (in July 2007), and attempt to sell the avoided mortgage back to the defendants for $30,000, without notifying us or our attorney; an action which would have allowed the guilty defendants to retain their interest in our property and continue with their illegal foreclosure.  We were forced to pay the trustee’s attorney over $12,000 for his “services”.

This erroneous decision by the bankruptcy court, before determining whether the bank had a legal right to an equitable mortgage, caused us to appeal the resale of our voided mortgage to the US District Court.  This courts determination was that the bankruptcy court had not determined whether the bank had a legal right to have an equitable mortgage, based on the forgery, and sent it back to the lower court for a determination.  The bankruptcy court, upon the receipt of this remand, immediately determined that the defendants were eligible for the equitable mortgage and, again, we were forced to appeal to the US District Court.  The final determination deemed that the bank did not have the legal right to have an equitable mortgage.  This action caused the bank to file an appeal to the US 6th Circuit Court, where, finally, in January of 2012 the higher court denied the equitable mortgage.

Most would consider this a big win, however, if this was a big win, I wouldn’t be sitting here, almost seven years later, feeling compelled to write this letter of regret.  The entire time that we were embroiled in this fight, we were continually told that we were not to make any repairs to the home (after all it might go back to the bank).  The bank (six years after the avoidance of the mortgage and a year-and-a-half after the circuit court’s decision) still have their names on our deed and have placed forced insurance upon our home that has been billed to us on our ever growing “escrow” that we weren’t entitled to when we actually had a mortgage…and the coup de grâce, the bank is reporting that we are over 80-months delinquent on our non-existent “mortgage”.

We have had to hire another law firm to straighten out this mess and after speaking with our lawyer, this will be another long, drawn out affair.  We have attempted to file a claim against the insurance, however, it is likely the bank will rescind the insurance based on a “mutual mistake of fact” (the original servicer, midway through the appeals process sold the non-existent mortgage to another servicer)…so, in other words, oops, sorry we didn’t tell you that the mortgage we sold you had no validity, no hard feelings.

We have contacted every agency that we can think of to try and get help with our situation, only to be told that because our credit is shot we, most likely, would not be able to get any help if there was any help available in the first place.

There is no quick fix for us.  We decided to stand up against a crime that was committed against us and this is the consequences of an average American going toe to toe with the banks.  They will chew you up and spit you out without any regard for the laws that govern us, the “average” Americans.  So, therefore, I feel compelled to apologize to my neighbors and community and let you know that this is not what we want and every day we make strides to overcome what the last ten years has done to our lives.  I will not apologize for fighting a crime or standing on principle, but I know that my decisions now have consequences for my neighbors and neighborhood.  I hope that this will at least give our neighbors answers to the why “it is what it is”.

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Proof that We Can Win

HurrayI can now offer you proof positive that the bank can be beat.  As most of you whom have followed this blog over the past couple years are aware, we won an avoided mortgage against the bank in the 6th US Circuit Court in January of 2012.  Through many trials and tribulations we were finally able to secure excellent legal representation and pursue clearing our title.  During this journey, the bank, who had no interest in our property, continued to do business as usual, insuring our home and paying the taxes.  In April of 2013, I decided to challenge this forced insurance based on my belief that them having insurance on our home was likened to me having insurance on my neighbor’s home, of which I have no interest in.  In January 2014 we deposited a portion of the insurance proceeds into our bank account and will now be able to fix our roof!

The lessons learned while battling for the avoided mortgage were invaluable as we took on the bank over the issues of paying our taxes and forcing insurance on a home that we can’t even get insured.  There was a patience that was not present in the previous battle.  There was an acceptance that this bank was going to do everything within its power to convert these proceeds to debt insurance; however, there was also the knowledge that they had nothing to stand on.  The four page “note”, which is being challenged as well, does not authorize them to insure or pay the taxes on the property.

Our journey with this bank is not over, because we are now in the phase of solidifying a summary judgment that we received in 2007.  This judgment was granted under the premise that we would never be able to collect on it, as it was the intention of the bankruptcy court to assign an equitable mortgage based on the fact that it was not this particular bank that actually forged the mortgage.  In the words of our previous attorney, we were “beating a dead horse”.    Well, that dead horse is worth over a half a million dollars at this point, not including attorney fees and costs.

The bank did graciously offer to drop the lawsuit (for their supposed note) if we drop all litigation against them.  I thought that was very thoughtful of them; don’t you?  To have our property free and clear of a $78,000 debt (isn’t our property free already?;) all we have to do is walk away from the judgment and any other suits that may be happening in regards to the issues with the note.  Excuse me as I fall to the floor in a fit of laughter…

…there, I am better now.  The first question that comes to mind is, “Why would you make an offer like that”?  Could it be because that “blue ink” note that we are requesting doesn’t exist and was never yours in the first place?  Could it be because you know that this may turn into a case of “malicious prosecution” and “abuse of process”?  Here is the reality.  At this point, even if a true note was produced, the bank owes us a heck of a lot more than we owe them; so their offer is a joke and obviously not up for consideration.

I hope that this gives all of you a reason to stay the fight.  Several years ago I would have never believed we would be at this stage of the game, but here we are.  Stand by the truth and fight for what is right.  Stay your course, because, if you truly put it in God’s hands, he will pull you through it.  I dedicate this win to each and every one of you whom have been forced into this journey through no fault of your own; and I pray that each and every one of you will find the justice that you also, deserve.

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We Have a Choice

lessons learnedAs you may have noticed, I have been off the radar for the past couple of months.  Our attorney advised that I stay away from possibly giving the bank any ammunition that could be used against us.  Although, I do believe, had he read my blog, he would have realized that this is not the track that I have taken in my writings.   My goal, as these words evolve, is aimed at helping follow mortgage fraud victims get through the emotional trials that come with taking on the challenge of fighting the bank.  My understanding of the law and what it should mean has been skewed by the process and therefore not where my strength lies.  My strong suit emerged from a soul screaming for relief.  Only when I silenced the screams was I able to hear the message.

When we grew up we were all led to believe that you “can’t fight City Hall;” however, if “City Hall” is breaking the law, they will continue to break the law until someone has the guts to stand up and cry foul.  That choice, however, comes with consequences, both financially and emotionally.  Many of us are not equipped to handle the onslaught to ones psyche that comes with the decision to stand one’s ground.

For those of you whom have experienced this, you know that there are going to be days where you might have to make the decision between paying a bill and eating, because all of your extra money is being used to stay afloat through the judicial process that, as we all know, takes forever.  You know that through the years of your fight your home is suffering and there is absolutely nothing that you can do about it.  It is somewhere in the midst of all this chaos, when the realization of the consequences of the decisions made, that most jump ship; questioning their decisions, wondering why they even tried.  During this extreme anguish is when most decide that its’ not worth the fight anymore; and for some, they are probably right.  Then there are those of whom, although, very angry and frustrated, know, that if they don’t stand and fight now, they will never be able to get a foothold in life again.

Our age was a driving factor for me.  Here we were in our late forties, now early fifties; in my mind we didn’t have the luxury of quitting.  Not fighting and standing our ground would have meant not only giving up on the truth, it also meant giving up on us and our future.  No one had the right to take our future from us based on a lie; however, no one else was going to fight for our lives and our future like we would.  Realizing ones mortality in this world gives way to a totally different perspective on what is important and what is not.  Struggling for the rest of our lives because someone thought it was alright to steal our property from us was not acceptable; so therefore we continued to fight.

There were many times when I wondered if I was doing the right thing for us; many times I believed that I had doomed us to a life of hell.  My mind took me to very bad places that were not acceptable for who I believe that I am as a person.  Negativity was drowning me and what was worse, it was my own negativity that was holding me under.

It’s not easy to accept that you are your reason for failing.  It’s not easy to understand that your thoughts are what drive how your day, week, month or year is going to go.  It’s not always easy to understand that you can control those thoughts and get through all that the world wants to put upon you.  No one can really steal your happiness unless you allow them to.

Someone once told me that I had “no joy”.  My response was “What the Hell Do You Mean I don’t have any joy?”  I would have been livid had my response not been such a jolt to my own mind.  My response to this “accusation” was far from sounding joyful.  It was a moment of awakening, where my mind was questioning exactly what “joy” was all about and exactly where the hell had mine gone.

There was no exact moment as to when I decided that I was my own worst enemy in this whole process.  The biggest revelation was the fact that I wasn’t being grateful for all the wins we had throughout this journey.  I was taking everything very personal when all of it was very impersonal in the scheme of things.  In the court system, we are not living, breathing human beings; we are names on paper, with a biography that is written by people whom have never met us.  We are the subject of an argument and the basis for the proceedings.  We are not flesh and blood and we are definitely not an emotional entity with any sway on the court.

Although we were financially screwed, many times throughout this process, years later, we are still here.  The roof may leak, but at least there is a roof present to leak.  The refrigerator was lacking sustenance in any form of abundance, but there was always a meal to be had at dinner time.  The gas tank was moaning for more fuel that was used sparingly to ensure that we could make a living and although always a month behind, the bills were being paid.  Hindsight tells me that we always survive.  Hindsight tells me that I am richer beyond my wildest dreams.  I have a husband that adores me and has stood by me in this fight for the better side of a decade and my days are blessed with knowing that my children and grandchildren love me and have a special place for me in their hearts.

Has the bank wreaked havoc on our life? Yes.  Have we wreaked havoc on theirs? Yes.  In the past eight years, we have won an avoided mortgage, three appeals and recently, won a default judgment against the bank for possession of a claim that we filed against their forced and illegal insurance.  We will now be able to fix our leaky roof.  We are in the final throws of claiming our judgment against the bank and are now forcing their hand to produce the legal “blue ink” note.  Although this process won’t be over tomorrow, the time left is less than the time already spent.

We got to this point because I came to a crossroads.  Being angry and upset with the world on a daily basis was not acceptable to me.  These types of emotions drain our souls and make us blind to the world around us.  We submerge ourselves in the pain of the moment and forget to put things into perspective as to what really matters to us.  It fogs our perceptions and it leads us to make mistakes, furthering our own personal torture.  What I discovered is that I have control over how I feel and I had to stop and realize all of the blessings that we truly had and have.

I started to go out into the social media world and look for those whom had their lives uprooted as we had.  Be careful what you look for in life, because you just might find it; and find it I did.  I found thousands of homeowners whom were in similar situations; fighting fraud by the bank.  I was able to see and feel the pain of those families who were left wounded at the side of the road and slowly, the fog started to clear.

Gratitude is not just being grateful for a thoughtful gift, or because someone opened a door for you.  It is a daily process to adjust your mind to find the gratitude in all things that make up your life.  Gratitude should be on our minds throughout our day.  Be thankful for the stranger that smiles at you in passing.  Be grateful for time spent with those you love and cherish those things that no man, or bank, can take from you.

With gratitude comes patience.  I know that may sound odd, however, it is true.  Once you learn to accept that things are only going to go so fast and that all the worrying in the world is not going to make it go any faster, life will be better and the stress levels will go down.  The past nine months spent fighting the bank over the insurance check was a breeze compared to the years when I wasn’t so accepting of the time wasting efforts of the bank.  From the beginning I knew that it was going to take time, I accepted that it was going to be drug out as far as it could be and I knew in the end, we would win; and we did.

Every day through the process, I did not allow myself to feel the negativity that wanted to well within me.  When those types of emotions tried to surface, I would look around me and know that time moves swiftly and I chose to not worry about it.  I know that this is harder than it sounds, trust me; however, by diligently and with complete awareness I made it so.  I have repeated the mantra “your will not mine” more times than there are hours in a day, each and every day, believing in my soul that complete faith will get us through; and again, it did.

The way that you allow your mind to work is always up to you.  You are your strongest ally and the one who determines how the actions of others affect you.  You can be a sponge and soak up all the negativity that being embroiled in this type of situation can emit, or you can be glass and let it roll off of your back; it’s all your choice.  If you allow yourself to stay focused on what you are grateful for, you will gain an understanding that no matter where you end up in this process, as long as you have those in your life that make you happy, what does it matter what the bank tries to say about you?  In the end we all have to answer to our creator, even the criminals.

I am not saying that you are not going to have bad days.  Trust me I’m no Suzy Sunshine, however, my life has been filled with more peace and the stress levels are at the lowest they have ever been because I choose to be in control of my life and my emotions; not allowing outside forces to dictate my happiness.  It is not an easy process but it is definitely worth the journey.  You were thrown into these legal affairs through no control of your own, however, when it comes to your mental stability and your inner peace; that is all on you.  Don’t let the bank make that choice for you.  It is, and will always be, your choice.

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I Share This for My Fellow Mortgage Fraud Victims (the Roziers)

TO THE TWELVE STRANGERS WHO CONVICTED US ON FRIDAY DECEMBER 13, 2013

December 21, 2013 at 10:15am

We forgive you. Your City Attorney robbed you of your opportunity to discover that the impossible exists. We, DAVID EUGENE ROZIER, SR., KAREN MICHELE ROZIER and DAVID EUGENE ROZIER, JR aka David Bear Rozier, exist. 

The man you convicted as David Rozier actually built our 4,206 square foot home from foundation to finish with no outside labor. In our ad we said it cost us less than $35 per sq/ft. It actually cost us slightly over $29 per sq/ft, but we didn’t want to brag. The City Attorney deprived you of your right to listen to our neighbors, many of whom were willing to drive to Los Angeles to vouch for David’s credibility. They were willing to testify as to how they watched him tear down the old house before we moved in and then watched him rebuild alone. He is a very talented degreed unlicensed architect. His court-appointed attorney he met at trial failed to subpoena his witnesses or introduce his evidence. You and your tax dollars were used to convict an innocent man.  

I have a degree in electrical engineering from Carnegie Mellon University (CMU) a masters also from CMU – an MS Industrial Administration, the equivalent of an MBA but with a concentration in manufacturing, I also have a Masters in Public Administration from Harvard University. I was admitted into their doctoral program with full tuition plus stipend. Harvard paid me to attend their university. Your City Attorney had full knowledge of my significant and documented work with IBM Corporation, Hughes Aircraft, Raytheon Systems Company and the Department of Defense. As you recall, he objected to my education, credentials, and publications being admitted into evidence, especically the evidence that I was briefly a Navy missile engineer and was selected as “Chief Engineer, Air-to-Ground Missiles, after being recommended by the Senior Engineer who trained me for five years. The Navy felt I was qualified to be “chief rocket scientist in charge of other rocket scientists”, but thanks to your indifference, I am scheduled to be sentenced to jail. You had before you a female Harvard doctoral candidate Navy rocket scientist and the City Attorney convinced you that I was a “Black con artist from a Detroit ghetto”.  I have never been to Detroit, but you fell for it because all you saw was what the City Attorney and our court-appointed attorneys showed you. Your City Attorney knew that I was born and raised in Baltimore because he verified it back in 2011 when we were represented by the Cochran Firm. Didn’t you even wonder (during your brief deliberation) why my information was excluded and I was silenced?  Your City Attorney had this evidence but excluded it, playing on your prejudices and ignorance. You and your tax dollars were used to convict an innocent woman.

The City Attorney knew he had no reason or right to pursue the case, but he also knew that prejudice and bias, as well as just common sense, would play in his favor.

One man buili a million dollar home alone on the cheap.

A Black female Harvard rocket scientist.

A brain damaged and cerebral palsied kid that clearly looks and acts healthy.

The reason why the “con” was believable is because it is true; we are who we say we are, did what we say we did, and were fully qualified and prepared to deliver what we promised to and in fact did, deliver.  As for our son David Bear, the one you essentially sentenced to Foster Care (had it not been for my preventative measures) he really does have cerebral palsy. I know you feel that we created an elaborate rouse in order to elicit sympathy from potential victims, but your City Attorney has seen the medical records. Our son was in court to testify about the two brain surgeries he had at the time of the handwritten contract. Didn’t it strike you as odd that no one focused on that one contract being handwritten?  Of course not! You deliberated for less than 20-minutes! May you learn to question your instincts.

David Bear was born weighing 744 grams (1.5 pounds). According to his doctor and medical charts, information that your City Attorney hid from you, he had:

(1)   an open artery between his heart and lungs causing bleeding into his lung, requiring him to be transferred from Newport Beach (his birth place) to CHOC for surgery to close the artery, “patent ductus arterious”, aka “heart/lung surgery”.  

(2)   brain damage covering around 75% of both sides of his brain; three brain shunt surgeries; 

(3)   retinopathy of prematurity, the leading condition of blindness; His eyes have self-corrected twice, resulting in him no longer being eligible for Braille services as of May 28, 2013. This is his first official Christmas with sight, and thanks to the twelve of you, he now knows ugliness; 

(4)   Jaundice;  

(5)   Double hernia, requiring double hernia surgery. 

When we brought him home from the hospital, the Drumonds were his first visitors. We were shocked when the witness Drummond denied knowing us initially. The City Attorney is such a shrewd man, he also managed to get Drummond on the stands despite Drummond changing his story three times during the investigation. What are we to expect from a man working on his sixth marriage. Oops, his character isn’t somehow relevant, yet he is allowed to testify about another’s character. Are you comfortable living in that world?

The 15-year old boy the twelve of you feel should be in Foster Care was on oxygen until approximately age two. He has saved a life, and was honored for his contribution. The reason why David Sr. hasn’t sat for the architect license (which according to the court is “irrelevant”) was because he quit his job with Tagfront Architects to build our 4,206 square foot home and to heal our son. For that, you elected to send him to jail. Since you didn’t look at any of the evidence during your brief deliberation, that fact may not have mattered, but this would be a less forgiving letter.

You have seen our son. I would love for you to come see the house that he built, by himself, for his son. According to Zillow.com the day you convicted us, it was worth over $1.1 million. I am more than willing to share all the receipts plus the spreadsheets of the costs. We were planning to make a video and make it public, but you decided that we should spend six months in jail instead.  

We did not need to lie about our accomplishments or affiliations because we are who we say we are and we absolutely have done everything we said we did.  We had an office in Mexico before we met Ms. Ekstrand, and the land contracts, business contracts, rental agreements, utility statements, and bank account statements were likewise excluded from evidence. [I hope that those of your who proudly boasted of sitting on previous juries are seriously reconsidering your previous verdicts.] The City Attorney knows that we invested more than $200,000 of our own money plus another $50,000 of money from family in Mexico long before we met Ms. Ekstrand. I know the City Attorney made the $100,000 appear to be a huge amount for the two Defendants you convicted on paper, but you did not convict the two people that appeared before you in court.

The City Attorney knows we are not con artists but are in fact credible. We were used to sentence a Black man to seven years in prison plus years probation on fifteen felony counts. We lost $55,000 on his deal and he was charged with two felonies. Didn’t you wonder why the City Attorney would charge an alleged $100,000-theft as a misdemeanor? I pray thay your children and grandchildren are better educated.

Given that you now know that the people who appeared before you are competent and qualified, that the man that appeared before you did build a 4,206 square foot home for less than $35 per square foot, and that the boy you observed does have cerebral palsy, do you still feel that we are “not credible” and “con artists” or do you feel that you were used andcheated by the City Attorney?

We even did the things the City Attorney didn’t say, such as we asked Ms. Ekstrand twice in writing  to come get her final package, asked her lawyer to come get it, and even mailed it to her. She admitted to your City Investigator that she returned the final package because she just didn’t want it. That was after she sued us for $1.4 million, and before she paid cash for her daughter to attend law school for three years. According to her emails which the City Attorney was able to exclude, she didn’t want her daughter to take out any student loans. She wanted her daughter to be able to marry a wealthy white man like she did, so her grandchildren wouldn’t look Asian, or using her own word, “ugly”.  If you go to her home and look at the pictures, you will see what I saw — a child that was forced to dye her hair and wear colored contacts so she wouldn’t look “so Asian”, as Ms. Ekstrand described to me. I wasn’t allowed to defend that statement on the stand, though you should have been able to see that I was more than anxious to speak. I could tell you were all offended. Such a shrewd liar, that City Attorney. I do not forgive him. 

You were entrusted with our lives and the lives of our son, family, friends associates and communities yet you were so cavalier that you didn’t even look at all the evidence.

I don’t hate you. I pity you.  I pray that you accept that you can be more than you presently are and then try to be more.  At least three of you should be permanently barred from jury duty, and I will make that recommendation privately.  One of you should lose your job. I’m sure Ms. Ekstrand is enjoying her time, if not at her Hollywood home, then at her San Bernardino property, her Las Vegas property, or even perhaps overseas with her husband at their estate; she is quite wealthy you know, or did the City Attorney hide this from you as well? That’s right. He lied. He outright lied to you when he portrayed her as an ignorant elderly lady who invested her life savings and was conned by two liars. She is a wealthy, connected land owner who just used you to convict and potentially incarcerate three talented, honest, Black people. I want to hate you, but I am saddened that you still harbor such hate and malice that you can’t open your eyes to the possibility of greatness. How very sad your lives must be. Please know that goodness, greatness, healing and love exist. We – David Eugene Rozier, Sr, Karen Michele Rozier, and David Eugene Rozier, Jr. forgive you. 

The simple fact is that the City Attorney hid the truth from you, our court-appointed lawyers were unprepared for trial, and the judge was more interested in protecting her perfect record of getting cases to jury on target than respecting two Defendants’ constitutional protections. We wish you take from this experience that God has provided us all with abundance and each with our own talents. During the Christmas, Kwanza, and Holiday Season, may you reject the stereotypes that limit us all and embrace the impossibility of Peace on Earth, Good Will Towards Men. Just like the government lied to you about our being able to exist, they have lied to you about war being a necessary condition. I pray that you learn from this experience. 

Merry Christmas. Happy Kwanza Peace Be With You. 

Karen M. Rozier, Peace Advocate

David E. Rozier, Sr., Master Builder

David E. Rozier, Jr., Miracle

Stay tuned for Part II: “My Court-Appointed Attorney’s Ties to Bank of America and How this Fraudulent Conviction Helps Bank of America in the case of Rozier v. Bank of America, Scheduled for Trial on April 28, 2013.”_____________________________

Letters of outrage can be sent to the City Attorney at: Mr. Mike Feuer

The Office of The City Attorney

800 City Hall East

200 N. Main Street

Los Angeles, CA 90012

Re: Prosecutor Misconduct of Keith de la Rosa

 ____________________

Mr. Ronald L. Brown, Public Defender

Law Office of the Los Angeles City County

210 West Temple St. 19th Floor

Los Angeles, CA 90012 (213) 974-2811

Subject: Gross Negligence of Chris Scherer 

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Feeling the Anger; Fighting the Pain

angerRecently, through social media, I was again reminded of the pain that this situation has caused to homeowners across this nation.  The sting has left many paralyzed with fear, anger and disbelief.  The rage over the victimization has reached a boiling point.  People, who are so desperately in need of someone to listen to them, show their frustration at the system and at the very people who are trying to help them.  Their pain has blinded them to the fact that they are not alone; and as hard as they try to connect, their own personal pain is at such a point, nobody else’s pain matters, because theirs is all encompassing.  I have been there and I struggle every day to ensure that I keep mindful that this is not a personal war, but a nationwide battle.

That’s a hard pill to swallow when it’s your home and your life being torn apart.  I have learned many lessons during this eight year journey; and one of them is that, even though you are emotionally torn apart by your situation, you are in the most emotionless battle of your life.  Not on your side; but definitely on the side of the law.  No one in the judicial setting cares, outside possibly your attorney, if you have one.  The court of law is one of the most sobering and dispassionate places you can ever find yourself.  It doesn’t matter that you cry yourself to sleep every night; it doesn’t matter that you have been emotionally stripped to the bone or that you ended up divorce due to the stress.  What matters is that you present your case with absolute precision.  What matters is that you leave your emotion at home and wrap your mind around the stone-cold, hard facts.

I, personally, am an extremely emotional person.  I can barely make it through certain television programs without, at least, a half box of tissues.  Therefore, this was an extremely hard lesson for me to grasp.  This process was crushing my soul and all my attorney could say was that I needed to quit crying over spilt milk.   AAAAAAAAAAAAAAAARRRRRRRRRRRRRRRGGGGGGGGGGGGG!  How are you going to say that to a person who has had their life flipped upside down through no fault of their own?  How can you negate the emotional distress that these crimes caused in our lives?  But, alas, in the courtroom, emotion has no bearing; and in that respect, my attorney was right.  Crying over spilt milk in a courtroom is about as effective as throwing a towel in a bathtub of water and expecting that lone towel to soak up the wetness; it ain’t gonna happen.

In our case, the issue at point right now is that this particular bank is not the bank that committed the initial crime; however, instead of pointing the bank toward the offenders, the court is looking squarely at us to pay for the crimes of the other.  As infuriating as that is, here is my take on the situation.  After eight years, I have a fairly, firm grasp on my emotions; and now I am at a stage where I only feel determined.  I am not angry anymore, because I realize, for one, that I am not alone in this war.  For many years I had only my own thoughts to deal with this craziness.  Thanks to social media, I discovered that I was far from being alone.  The journey may have had its differences, but the overall journey was the same.  We are all fighting crimes against us and our property.  The laws that exist are being unrealistically twisted by lawyers that have unlimited amounts of funding to pursue their misrepresentations with vigor and vim.

It is not an easy task to bring your emotions under control; but you are the only one that can.  You are the only one with the power to reign in that which will not serve you well.  You are the only one that can bring you the peace of mind you are searching for, while you continue this seemingly, unending battle.

If you don’t find a way to keep your emotions in check, you will never find the peace you seek.  Many of you have heard the phrase “mind over matter;” that is exactly what this is.   You need to focus on what you are doing right; why you are doing what you are doing and realize that you can live with the decisions you have made; because you made these decisions to fight because it is the right thing to do.   You decided to fight, not just for yourself, but for the generations that will come after you.  If you do not stand your ground now, against the crimes that have been committed against you, they will become common place; and by the time your children are old enough to own their own home, there won’t be any homes that will be available for them to own.  The banks will possess all property and will have gained it illegally.

It is not easy getting a grasp on anger, but remember that anger serves no purpose, especially to you.  Those that experience your anger will negate your rationality and use it squarely against you.  Your credibility will be shot.  Controlled anger can be used skillfully, whereas, screaming tirades will surely gain you no audience.  Lose the anger, and if you can’t seem to get rid of it; use it to your advantage, not your demise.

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Contemplating the End of the Journey

English: Bankrupt Bank (Крах банка) by Vladimi...

English: Bankrupt Bank (Крах банка) by Vladimir Makovsky – scene of a bank run. (Photo credit: Wikipedia)

I have a lot to contemplate as that, which has dragged on for years, is now becoming front and center in our lives.  All the days, months and years of pain and confusion; standing on the truth only to discover that truth has its place and sometimes it’s not quite where we have envisioned; will all be coming to an end.  I feel like a weathered warrior, sensitive and stinging from the last eight years of relentless battle, achingly standing up to approach one last surge.  Confident but weary; strong, yet somewhat weakened by the experience to the point of being enveloped into a somewhat surreal life at times.  Time has been eaten up so fast through this painfully drawn out process.  Life continued to flow by at a pace that, although normal in the process of life, seems like breakneck speed; yet this whole nightmare, in contrast, seems to go at a snails’ pace.

Almost rapid fire, the pace has started to gain momentum as we still try to get the bank to relinquish an insurance check that they have had no right to; and, in the first week of October, we will take on, not only Ocwen, but US Bank as well, as we attempt to get the bankruptcy court to reopen the adversary proceedings to add damages to our judgment.  Fortunately for us, the case will be in front of a Chapter 7 judge as opposed to the Chapter 13 judge, whom, along with the Chapter 13 trustee, felt that the bank getting their monies far outweighed the fact that a crime had been committed.  So, in some way, this does make me feel a wee bit better.

You have to understand that this was not our first dance with this particular judge or trustee.  We went into bankruptcy in 1997, when the medical bills for my youngest daughter were devastating us financially.  However, in order not to beat a dead horse, I can only say that, we not only lost all the monies paid to the court over a six-year period; we also lost a paid off car and owed more on the house than when we began.  The very thought that we then went back in front of the same judge and trustee, the second time, to have them try their hardest to compensate the criminals for forgery and fraud, has, needless to say, tainted my feelings about this arm of our judicial system.  I don’t know who abused us more, the court or the bank.

That being said, I do have total faith in our lawyer and the firm he is associated with.  I have every confidence that he will do a stellar job and get us over these last few hurdles.  I do find it humorous that the attorney in the insurance case is the same one in the bankruptcy case.  I can only hope that she does as good as she did in the default hearing; which, had she been my lawyer, I would have fired her for incompetence, but that’s me.  Her preparation for the case was definitely minimal.  She does, however, for the bankruptcy case, have another attorney at her side; most likely because of how the last hearing turned out.

My attorney stated that the bank considers our request for the bankruptcy court to reopen the adversary proceedings, to add damages is, in their words, “totally ridiculous.”  I think that a homeowner, after reporting a crime, then having to defend the truth for almost a decade as a tad bit ridiculous.  I think that it’s downright criminal.  Seeing that the bankruptcy court has decided to hear the motion, maybe this judge doesn’t think it is so absurd.  Only time will tell.

I’m not sure what the future brings for my husband and I; however, what I do know is that there is a light at the end of the tunnel.  We are the ones that have the upper hand at this point, however, after riding the litigation train for the past eight years, I am painfully aware that not all is as it seems; and nothing is cut and dry.  To that end, my husband and I have made a pact, that no matter how this ends up, we are going to be good with it.  We cannot allow this crime , once it is said and done, to have any more time in our lives and we will move on as God intends us to do.  That does not mean that I will abandon any of those who are fighting this cause.  I have gained too much experience not to try and help.  When I say that we are done, it means that we will not dwell on the past eight years of personal pain.  We will move forward and try to show others how to move forward as well.

The hardest part of this journey is within our own minds.  Our sense of security and trust has been ripped from us, yet we are the only ones that can insure that their crimes against us gain no foothold.  We have to recognize that no matter what the outcome of anything that happens in our lives; at the end of the day, we are the ones in charge of ourselves and how we want to view the world.  Because hate is all around us does not mean that we, as people, need to hate.  We don’t have to live by the way the world wants to mold us.  We only have to live in faith; raise our eyes to our Lord and know that he will see us through whatever this world has to throw at us.  By allowing ourselves to believe and stand on our faith, we will weather any journey that this world places in our path.

Never lose sight of the fact that a house is only a house; it is the inhabitants that make it a home.  Never lose sight of the fact that if the house is gone, your family isn’t.  If I had a choice between losing my house and losing a loved one, trust me, that house would be gone in a heartbeat, with no regrets.  As painful as this journey is, when you put things into perspective you will realize that I am right.  This doesn’t, in any way, mean to give up the fight.  It purely means, that before you give your soul away on this journey, remember that there are far greater things in this life than a house.  What you are fighting for is truth, justice and a way of life; not to lose your concept of self.

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The Banks Lead You to Believe this is Personal: It’s Not

English: Ingham County Courthouse in Mason, Mi...

English: Ingham County Courthouse in Mason, Michigan, USA. December, 2006. Photograph by Tim Hollosy (Photo credit: Wikipedia)

 

As mortgage fraud victims, you may think that I stray from the subject sometimes; however, if we, as human beings are not in control of our emotions and fears, this battle will send us to our graves.  Stress kills, and the only way to avoid that, outside of being put into a coma by either pills or alcohol, is to figure out how to reach that stage of serenity in our lives when all hell is breaking loose.  We, as mortgage fraud victims, have taken it very personal that the banks have done this to us; when in reality, it wasn’t personal at all.  It was wanton, malicious, criminal, tortious and a host of other like words, but it was never personal.  Let me explain my reasoning.

 

I realized this, almost as a revelation, last Wednesday in the hallway of the Ingham County Courthouse, when the banks’ attorney, whom had never met us; her only familiarity of us was what she saw on paper, reacting as if we had taken the food from her baby’s mouth and burned down her house.  They want us to take it personal, because they realize if they can hit us in our ego, that in most cases, it will cripples us; because while we are trying to recover from the blow of them trying to steal our homes, they are slowly chipping away at our psyche.  They realize that if they squash our self confidence that they erode our thought process and cause emotions to run rampant.

 

In order to stay grounded, it is important that we take the personal out of it.  Nothing they can say or do will change what we know about ourselves.  The bank will yell deadbeat and we will spend way too much of our valuable time feeling embarrassed or ashamed, because obviously, according the masses whom have yet to come out of their coma, we did something wrong.  Snap out of it!  They can say anything, but we all know that those are just lies told by liars and we don’t have to own their interpretation of us or our lives.  They don’t know us and most likely have never met us.  We are a name on a piece of paper and they need to figure out how to release our name from another piece of paper; namely our deeds.

 

For those of you whom have followed my journey over the past couple years, it should be obvious to you that I took it very personal for many years.  How could I not, I reasoned.  Our lives had been turned upside down, inside out and been devastated, after already surviving tragic losses in our lives.  Our attorney, at the time, was telling us that we were the only case in the country where the homeowners found their signatures forged by a bank.  Trust me when I say that I took it very personal and that was exactly what these soulless creatures wanted; because your anger means nothing to them; you are just a name and number.  They don’t care that it affects people’s lives, because, like I said, it isn’t personal.

 

Once I was able to see through the haze of all the pain that had followed us for so many years, I realized that by taking it personally, I was creating my own pain.  The bank said we were deadbeats.  Why should that upset us?  Are we?  I know that we are not deadbeats.  So why does the bank putting it in writing and submitting it to the courts makes us own any of that.  Because they write it doesn’t make it so.  When our self-respect is threatened, we become defensive and angry, instead of seeing it for what it actually is; smoke and mirrors.

 

Strength comes from within.  However, if we allow ourselves to be mentally beat up throughout this journey, then our thoughts will always be driven by our emotions and in turn, we will remain totally miserable; stuck in the mirror of somebody else’s made up image of who we are.  This realization and acceptance of who we truly are will allow us to move forward, not affected by the “non-truths” of who we are personally and therefore providing us clarity of thought; a very necessary weapon against creative criminals and their band of merry attorneys.

 

Here are our truths, as victims of institutional frauds and forgeries that would strip of us our rights and properties.  It doesn’t matter that the bank tries to make you out to be a deadbeat; they broke the law.  It doesn’t matter that they make up stories and twist our words to fit whatever story they are trying to portrait; they broke the law.  It doesn’t matter; they straight up broke the law.  Don’t be angry, be straightforward.  You stand on the truth.

 

No matter what happens in your particular circumstance, you are not your house or property.  Your essence is not made from the material things that surround you.  Your essence is built on how you view the world and what is important to you.  Once you wrap your mind around the fact that your thoughts are yours to control; that the banks are not attacking your personally (they actually committed white collar crimes against our nation as a whole in an attempt to allow international entities to buy up our properties); and last, but definitely not least, that material things can be replaced.  Peace of mind comes within and is not easy to achieve.  It takes daily, sometimes hourly conscious thought to get through it.  It takes a determination to not allow outside entities to dictate how we view our lives and ourselves.

 

I get stronger every day and am proud that we stood our ground.  I would never want to go through this again, and I feel for each and every one of us whom have been put through these criminal violations of our lives.  This is why I sometimes stray from being on point.  My goal is to educate you on how to keep your sanity and come out a whole person at the other end.

 

 

 

 

 

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Ignorance is No Excuse: Not Even When You’re the Bank

Lansing (MI) skyline as seen from the east.

Lansing (MI) skyline as seen from the east. (Photo credit: Wikipedia)

 

Wednesday was a sight to behold in Courtroom 8 at the Ingham County Courthouse in Lansing.  For the first time in this unwanted journey, we were able to witness the total ineptness of a law firm representing Ocwen.  First, the banks’ attorney was held up almost two hours due to an accident on the expressway; however, she was anxious to get this matter “out of the way” and continued despite the lengthy traffic jam.  We were relieved because, obviously, we had driven over an hour ourselves to get there and at this point in the game, wanted to bring this to fruition and have our answers.

 

When the banks’ attorney finally arrived she looked harried and annoyed; she had no clue how annoyed she was going to become.  When the hearing finally started, she presented her reasoning as to why the bank should be excused for their negligence.  Her excuse that the former attorneys that had represented Saxon/US Bank in our first ordeals had dropped the ball and Ocwen was forced to go scrambling for new representation fell on deaf ears.  First of all, that case and their involvement came to an end in January of 2012.  It was also noted that Ocwen had refused to answer any communications, both before and after they had received the insurance check.  The insurance check was in their possession within two days of the insurance company issuing it as verified by their own timestamp.

 

Her claim for “meritorious defense” also failed miserably when she claimed that the “questionable mortgage” had been preserved by the bankruptcy court for the benefit of the estate.  Talk about someone not doing their homework.   When the US District Court (twice) and the US Circuit Court decided that the mortgage was, indeed, void ab-initio; that decision took everything back to the date that the original avoidance motion was granted by the Bankruptcy Court.  This preservation that she speaks of was done over a month later as an amended motion by the Trustee, so therefore, she did not do her homework.

 

It was strikingly evident, by the immature actions of this attorney, in the hallway after she had lost, that there is an appeal to this verdict in our near future.  However, in the meantime, she may want to get that check signed and delivered before we hit her bank with more sanctions for conversion of funds.  It took us years to get the mortgage truly avoided thanks to the banks delay tactics and lies.  Almost two years later they pretend that nothing has changed.  Maybe yesterday was a wake-up call.

 

All that being said, there is still on the table, the judgment that we were awarded by the bankruptcy court in 2007, of which will be starting to take off here very shortly.  Since I have gotten with this firm, one of my main objectives has been to force the bank to show us the note.  Not the copy of the note that was in our packet that they made when we were at our deposition in 2006; I want the one that shows all legal assignments.  Seems we have discovered that New Century only assigned the mortgage to US Bank; it never assigned the note.  How magnificently amazing is this little fact?  You are telling me that US Bank never had the “right” to come after us?  Are you telling me that we have unjustly been forced into years of litigation in the Michigan court system and you don’t even hold the note?  All I can do, in the instant, is shake my head in utter amazement.  Would this not constitute another fraud that has been committed against us, the innocent homeowner?  Ah, what a tangled web we weave when we attempt to deceive…

 

I have stood strong upon my faith throughout and Wednesday was one of the more exceptional days of the past ten years.  The only things that topped it were the wedding of my son and the birth of three grandchildren.  This has been a hard nine years and it is nice to be nearing the end of this chapter.  It’s a time that I need to reflect on what I have learned; take the lessons to heart that have meaning and throw away all the rest.  Soon, the final gavel will fall in our case; the hard years will be behind us.  My only advice is that no matter how bad they beat you down; no matter how people treat you or react to your situation; always be aware that it is your situation, not theirs.  Their opinions are just that, opinions, and we are all entitled to those.  You stand your ground and you stand on the truth.  People will berate you for the emotions that take over acting as if you are making a big deal out of “nothing”.  What is nothing to one is the world to another and none of us have the right to choose peoples’ dreams and aspirations.  We all, ultimately, are responsible for how we feel, but that responsibility is to ourselves first and foremost.  What good are we to anyone else if we aren’t good with what is within our own being?  Take charge, formulate action and stay true to your cause.

 

Most of us have been raised to tell the truth and be honest with our situation.  Most of us try to do the right thing.  If you have been true about your situation and you have been violated and had a criminal action taken against you, then you need to stand on your faith and fight.  You do not stand alone.

 

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