Copyright 1995 - 2005
FNMA - Nationsbanc - KeyCorp
Conspiracy to Defraud Cindi out of her home
TWO entirely fraudulent foreclosures -- on the SAME property!
6/11/05:This page is from 1997
It is as relevant as ever.
Mortgage fraud is rampant across the United States.
The judges, the many attorneys for the defrauding lenders and well as the attorneys (mis)representing Cindi, the regulators and Governor Pete Wilson, President Bill Clinton and First Lady Hillary Clinton - they're all GUILTY of allowing and condoning this fraud.
NATIONSBANC LOAN # 1023709304
The blue type indicates my Comments, Opinions and Conclusion. They are not part of the chronology.
If anyone believes that I made an incorrect statement, please e-mail details.
Chronology of Events as of June 1, 1997
Cindi arranged with Lisa Moulin at KeyCorp to make the Feb and March payments by April 1, 1994.
She mailed the February payment via certified mail on March 16. On March 17, Ronald G. Holbert, attorney for KeyCorp sent the 10-day notice:
"Pursuant to Paragraph 4 of said Order, this correspondence shall serve as notice that should the above default not be cured IN FULL within ten (10) days of the date of this Notice, this office will proceed to seek relief from the automatic stay by lodging with the Court a Declaration re Non-Receipt of Funds together with a proposed Order granting Creditor full and complete relief from the automatic stay."
I think this means the lender can foreclose and hold the Trustee Sale within 30 days from the date of the notice without filing a NOD (Notice of Default)
On March 25 the payment was returned by Brian Witherel, KeyCorp employee,
as it was insufficient to cure the default.
Cindi and her attorney spoke with Brian Witherel & verified the re-filing via phone and fax 5-20-94.
Cindi had been very unhappy about having to file for BK again. She paid for 4 legal consultations, as she was not impressed with her attorney Madhu Kalra. They all advised her that she should go back to her old lawyer and they were surprised that KeyCorp was so difficult to work with.
She asked Brian Witherel whether they didnít have to take her payments. He replied: "We don't HAVE to do anything." He also told her that she owed over $8,000.
She dismissed her existing BK and re-filed the same day, May 20,
Brian Witherel claimed that Cindi had not made payments since May 1993 (over $8,000) and then they did not file a claim with new BK. Thatís why they claimed bad faith. (you canít win, either pay $8,000+ or we claim nothing but get the sale validated)
The Court denied the motions and declared Cindi current through July 1994.
6/25/05: The annotated Court statement and the fraudulent KeyCorp demand.
This was the 1st entirely FRAUDULENT foreclosure!
The monetary cost to Cindi was $1,200, owed to her lawyer Madhu Kalra. This was the ONLY claim aside from tax assessments later removed (not paid) as the IRS found in her favor.
The emotional distress must have been incredible! Nobody prosecuted KeyCorp. They forced Cindi into the new BK and supplied completely incorrect figures.
Didnít somebody sign this outrageous lie under
penalty of perjury?
Now, here is where I have a real problem. Cindi was NOT in bankruptcy, her first BK was successfully completed, in the second BK KeyCorp submitted no claim. Why did they have the right to send a 10 Day Notice, require certified funds and threaten with the sale?
Nationsbanc acquired KeyCorp.
Cindi is now dealing with Tracy in the foreclosure department at Nationsbanc. They didn't give out last names.
Losing your house to foreclosure while youíre unemployed isnít hardship?
Cal-Western Reconveyance Corporation notified
Cindi that the sale was to be held May 12, 1995.
The sale was scheduled for May 12! Cindi called Tracy at Nationsbanc. Cindi offered to supply the name and number at the ESOP plan so that Tracy could verify herself. Tracy said she couldn't postpone the sale. It was late afternoon.
Cindi filed her third BK the next morning
an hour before the sale.
Tracy postponed the sale until 6-23-95 and faxed the cost to reinstate. They demanded $8,088, good until 7-1, but then they changed the figures to over $9,000 when Cindi wanted to pay. She only had $8,100. Since Cindi had the Cal-Western fax with the $8,088 figure, they postponed the sale to 7-7-95.
She requested a second distribution of shares to come up with the extra $1,400. At this point, Cindi was 5 months past due, her monthly payment was $356.19. Being able to calculate 5 times 356 and adding $2,000 for legal fees, she had never expected the demand to be so high. When she inquired with Nationsbanc repeatedly, she was told they were reconciling her account, and not to worry.
Cindi was promised the account would be reconciled and the excess payments would prepay her loan for about a year.
6/11/05: I have since seen this same pattern over and over: Prepayments are NOT properly allocated and later result in fraudulent foreclosures. 2 years later, Cindi still had NOT received the accounting.
That afternoon, Estelle Chamberlin at Cal-Western informed Cindi that it took a day or longer to record the Trusteeís Deed and if Cindi was there Monday morning with the cash, she would pull the deed and cancel the sale.
Cindi was there Monday morning and paid $9,418.60.
Cal-Western Reconveyance Corporation had a 10-ft fence with razor wire around the property. A security guard was patrolling the fenced parking lot. However, the customers had to park on the street. They passed the building guard, and entered a secure area with the receptionist behind bullet proof glass. After their names and physical description were verified, they got to the waiting room. Finally they were able to pay.
WOW, they must have more cash than BofA at Cal-Western Reconveyance Corporation! Or an awful lot of people are mad as hell at them. Considering that apparently lenders defraud Borrowers on a regular basis, Iím surprised that desperate, abused and defrauded home owners donít go on shooting sprees more often.
In the early 90ís Realtor Britton from Burlingame,
California, was shot and killed after he evicted a family after foreclosure.
She had not received a single late notice or statement whatsoever. Her account was prepaid. When she immediately called Nationsbanc, they acted like it was no big deal. They would check her account.
A guy from FNMA attended and had NO objections whatsoever.
The hearing for the mortgage was that afternoon. Cindi was assured that there were no concerns other than her tax returns, not a problem.
When the hearing started that Monday afternoon, an attorney for Nationsbanc was present, NOT FNMA. Judge Naugle gave Nationsbanc the first turn to speak. The attorney mentioned the 6-months rule, and that the BK was filed in bad faith. Nationsbanc had filed an objection Friday. Cindi never knew, nobody mentioned this objection in the morning.
Judge Naugle: "Dismissed." Cindi never got a single word in.
FNMA has no objections in the morning, but Nationsbanc has the BK dismissed in the afternoon. Is this a conspiracy or what?
The Nationsbanc attorney told Cindi not to take it personally, that Elena was just out to get her. Cindi doesn't know any Elena, but reading through her documents later she found that there was a Elena Owen who signed the proofs of service from the Law Office of Gerald Moss, the Nationsbanc attorney.
The sale was scheduled for 6-21 but was postponed
to 6-26 after a friend of Cindi talked to Tracyís boss and asked to review
Your Monthly Mortgage Statement contains information needed to answer general questions about the servicing of your mortgage loan. Please take a moment to familiarize yourself with the information that is displayed on your statement.
It is our pleasure to service your loan and to provide a monthly statement for your records. The statement reflects the most current information for your loan. Be sure to destroy any payment coupons you may have."
Having gone through Cindiís money orders, the lender statements and checking each payment since 1991, I have to say that this is the most correct lender document I have seen so far with respect to the payments. According to our calculations, Cindi had prepaid until July 96. Iím not sure on the balance, but thatís a separate issue weíre not concerned with right this second.
In July she got another statement, again crediting a late fee, no payments past due.
On the back of the statement I found an interesting item:
Under Payment Information Nationsbanc states: "To avoid late charges, payments must be received by us on or before the due date." I thought the law required a grace period of at least 10 days. They do provide a 15 day grace period on the front of that statement. So what gives?
Cindiís latest attorney, Jerry L. Steering has her copy, but I remember seeing it with the documents at the San Bernardino Court House on May 19, 1997. It was not in a statement form and reflected few accounting transactions. Basically, it was a bunch of BS.
Nationsbanc is unable to present Cindiís account activity in a clear concise manner. Thatís a problem not unique to Nationsbanc, lenders often are unable to reconcile loans in foreclosure.
Brian Witherel had been the root of all problems while the loan was at KeyCorp. He is a truly evil person and is right up there in my top ten list of people Iíd like to choke till theyíre blue in the face. Iím not usually a violent person, but I read his lies for two days. Iíd like to see this lowlife experience the agony and pain he causes. We canít force his family to live in a cabin with no kitchen. But we can put him in prison for a few years. Where did he come from again? He had disappeared after Nationsbanc acquired KeyCorp. What happened to Tracy?
On September 6, 1996, Nationsbanc and
FNMA stole Cindiís house.
On September 20, 1996, she responded with a rental agreement.
On September 23, 1996 she was served with the Thirty Day Notice to
Aronowitz & Armstrong contested her BK and won. They also
prohibited any BK (by other persons) on that property.
The Judge ordered payment and immediate possession. He was a Judge Pro Tem, Cindi didnít know that until after the hearing started. She never agreed to accept the ruling of a Judge Pro Tem.
She called her attorney Jerry Steering and got another copy of the
TRO and presented it to the clerk after the hearing. They said to
call in a few days.
Attorney Jerry Steering said not to worry. He couldn't make it 4-18, but he would file a new case & TRO before eviction.
Cindi was served with a Notice to Vacate by April 29, 1997.
Linda insisted that FNMA did not own the property.
Linda, FNMA, spoke with Realtor Blesch. Blesch left, only to come back two hours later with two different Marshals who had no idea what was going on.
So Realtor Blesch had Cindi locked out, along with 9 year old Danielle and Tigger the cat.
Blesch is another person on my top ten list of people Iíd like to choke till theyíre blue in the face. She is local and should be helping the people in her community. Instead, she is possessed by greed and apparently she is another truly evil person. She attended all the Unlawful Detainer Hearings, was fully aware of the dispute, yelled at Cindi outside the Court Room, demanding that she leave the house. The scum that has a real estate license Ö.
Jerry Steering had promised to file a new case by April 29, 1997 based on new evidence. He didnít show up. He filed the next day.
Cindi had obtained the Certification from CPA Barr Brown stating
that he audited the loan and Cindi was not in default when FNMA filed the
At the Ex Parte Hearing Judge Wade instructed Cindi to use her money to find a place to live instead of paying an attorney. He agreed with FNMA. He said sometimes his job is making hard judgment calls and he didn't think Cindi would prevail in October.
He claimed he had done his own accounting and that Cindi just didnít understand the costs involved in foreclosure.
Judge Wade did NOT supply his accounting or any other evidence to show that Cindi was wrong.
Judge Wade completely ignored the CPAís certification stating that the loan was current at the time FNMA filed the NOD.
What a patronizing SOB! Iím looking to have Judge Wade removed from the bench. He must have had all the evidence, the bank statements, the bank attorney letters, the June 1994 Court Order vacating the sale and declaring the loan current, while Brian Witherel with KeyCorp had fraudulently claimed over $8,000 were past due and SOLD her house.
They claim that these payments were applied to Installments due from 3/1/94. Unless Cindi's note calls for payments to be made twice, this is the second time that Nationsbanc is attempting to defraud Cindi.
Exhibit A: KeyCorp Attorney Holbertís 10 Day Notice dated March 21, 1995: called for the 2/95 and 3/95 payments for a total of $800.00 (not $8,000.)
Bankruptcy Court Final Report and Account
This document proves that Cindi fulfilled her obligations and made ALL payments.
There were NO Pre-petition Arrearages as claimed by FNMA counsel Sharon Mason on May 27, 1997.
Anyone with an IQ above room temperature should be able to see that Cindi is right and could not possibly have been in default in 1/96 when the NOD was filed.
Please deliver the keys immediately.
Wednesday, May 21, 1997: Realtor Jane Blesch, C21 Sevel & Associates posted a notice at the door to their home demanding that they remove all personal belongings by Saturday.
Cindi has no place to put their belongings. Forest Falls has no self storage, they have no money and no credit. I'm mad as hell!
Detailed calculations for those not that well versed in math and/or those interested in specifics about more fraud and "irregularities" are at the Evidence Page.
Yesterday Cindi wrote a 2 page letter to Judge Wade, explaining the events "nicely" and asking him to reconsider his decision.
This morning she got a fax number which will hopefully reach Judge Wade as promised.
If he still doesn't understand that Cindi was 6 months prepaid when FNMA filed the NOD, then I don't know.
I sent a nasty email to FNMA. Linda, the woman who had claimed that FNMA did not own Cindi's house when she was evicted had not returned Cindi's calls/e-mails this week.
I'm pissed. What's it take to get some attention?
apparently you've been too busy to reply to Cindi Campbell's numerous requests for help. Or you just don't give a damn?
I am notifying the US Attorney General's office of the FNMA - Nationsbanc conspiracy to defraud Cindi Campbell.
I will demand that you are PERSONALLY held liable for the financial and emotional damages to Cindi and her 9 year old daughter Danielle.
You do nothing, and you are an accessory to this conspiracy to defraud and I will be asking for jail time.
Cindi has been pleading with you for help. Being nice didn't work.
I demand that you get off your lazy corporate ass and IMMEDIATELY (that's TODAY) have the keys to her house delivered to Cindi (909) 794-xxxx.
The chronology of this fraud/conspiracy is at
FNMA-mortgage-fraud-chronology.shtml [link updated]
and today I'm working on the Evidence Page. This page will contain many additional charges and links to the actual documents.
FNMA-mortgage-fraud-evidence.shtml [link updated]
I hope you know what's good for you.
Meanwhile, Realtor Jane Blesch, C-21 Sevel & Associates, apparently had somebody remove Cindi's personal property from the house onto the deck and in the yard.
Realtor Blesch and the Broker in charge of her office got the nasty-fax including a copy of the FNMA e-mail.
Can you believe the guts these people have? Just yesterday Cindi had until Saturday. Is it Saturday? In San Francisco it's still Thursday. Duh!
Got e-mail from a former Transamerica employee, stating that she quit due to their accounting and business practices and that many borrowers were defrauded.
I hope she'll testify.
I talked to a local foreclosure consultant, got a lawyer referral, talked to him, tried to catch up a little on my unread and unanswered e-mail. I'm way behind on mail. If I haven't answered yours, please accept my apologies.
I updated the BayHouse main page, updated this
one, darn where did the day go?
It's Wednesday, May 28, 1997 3:30 AM
Cindi spent Memorial Day weekend moving what's left of her belongings into her ex husband's front yard.
Her house had been broken into (?) and vandalized. All the food was dumped all over the place. Many items were broken, not a thing was where it used to be.
Ann Mason, FNMA, had called Cindi Friday afternoon. She was not able to finish reviewing the file until Tuesday. She could at least have asked Realtor Blesch to wait until Tuesday before forcing Cindi to move everything out. Blesch claimed Cindi is a liar and that she has written proof.
I faxed to C21 Sevel & Associates Monday afternoon, spoke with Broker Dave Sevel. I asked for their side of the story and the written proof that Cindi lied. He said he couldn't discuss it with me because I have a real estate broker license.
He also promised to forward my fax to the Real Estate Commissioner.
I sure appreciate that, one less thing for me to do.
Tuesday I faxed 6 pages to Judge Wade in the late morning, he had not replied to Cindi's letter last week.
As Tuesday afternoon came around and we didn't hear from FNMA attorney Mason, we all got very tense.
What could possibly take so long?
They couldn't care less and the file hasn't
even been looked at?
I sent another furious E-mail to FNMA, to be forwarded to Ann Mason.
No reply. We have no fax or phone number for her. We don't even know whether she is with FNMA Washington or FNMA Pasadena.
I was fantasizing about breaking her nose and punching out every one of her teeth. What's it take to get some attention? Blow up buildings?
6/11/05: I expected it to be a waste of time, but I was so worried that Cindi would kill herself and I wanted to make sure that I'd done everything I could do. I know that thousands of desperate people waste their time to contact their legislators and the White House in similar situation. I don't know of a single person who got anything but an auto response or the idiotic advice to get a lawyer.
I asked for a phone call by FNMA
attorney Ann Mason.
We're having a crisis because FNMA is not responding. They do NOT dispute our charges. They ignore my daily inquiries. Senior FNMA attorney Ann Mason had promised Friday afternoon to finish the review of Cindi's file by Tuesday. We haven't heard a word since.
I believe the FNMA execs are hoping Cindi will kill herself in desperation.
Cindi is suicidal, ill and in a lot of pain, her ex husband is back and she has no place to go, no money, Memorial Day weekend Realtor Blesch forced her to move all her belongings out of her house into her ex husband's front yard.
I invited them to stay at my house, but I'm 450 miles north.
Why does nobody respond?
Except for Cindi's now fired lawyer Jerry Steering who sent e-mail last night. He disagrees with me, so I added his E-mail unedited. It's the remove and apologize or I sue letter.
He read my website and just didn't get it! He STILL doesn't know where he screwed up. Hard to believe.
I had talked to Steering last week Tuesday on the phone. He kept yelling and screaming at me: "You idiot" When I asked him whether he was able to read accounting statements he replied: "No, I don't."
Uhm, who's the idiot?
There's more to come about Jerry Steering as soon as I got the time.
Oh, I nearly forgot! Home Savings finally sent me their letter apologizing for "misapplying" my Sept. 96 mortgage payment. They are so incompetent, they STILL demand over $600 in late charges, even while they acknowledge their mistake in the same letter.
It is friggin unbelievable. The guts these people have.
The letter was signed by the foreclosure department manager.
I haven't even started on the page about Home Savings filing the Notice of Default on my house. It seems like a minor problem compared to Cindi's nightmare. At least I hadn't been evicted yet. As soon as we got Cindi back in her house, I'll work on the Home Savings page. Will ask them for a settlement without a legal battle, before I even get a lawyer. Don't think it'll work, but you never know till you try.
6/11/05: I don't think I ever started on a Home Savings page, but I posted a brief summary when I became very angry about all the people in foreclosure who expect me to work for them free of charge -- rather than getting their act together and using the tools and examples of "fighting back" provided entirely free of charge.
May 29, 1997:
The second reply was from Anthony V. Lupo with Arent Fox on behalf of his client FNMA. He sent two letters dated May 27, 1997 via Federal Express, one to me and one to Mr. Paul Theodoropoulos, Vice President West Coast On-Line.
Anthony V. Lupo threatened with legal action against WCO.com if they continued to host my "libelous" pages by TOMORROW.
It so happened that I also demanded an accounting statement by noon Friday. It's the only way we can prove that FNMA defrauded Cindi Campbell.
June 1, 1997
I briefly reviewed the file at the San Bernardino Courthouse and I spent many hours reviewing Cindi's documents, many of them were originals. I have no reason to believe that Cindi has withheld any documents. I saw her money order receipts, the lender statements, the lawyer letters, the Court Orders ...
If anyone believes that I made an incorrect statement, please e-mail details. I've been working on this about 16 hours a day for the last two weeks and it is certainly possible that I made a typo somewhere or inserted the wrong date or name. However, there is no doubt that Cindi's loan was current at the time FNMA filed the NOD.
Under penalty of perjury I declare that as far as I know the above chronology is the accurate documentary of the FNMA and Nationsbanc attempts to steal Cindi's home.
June 1, 1997
297 El Camino Real #210
December 23, 1997: Cindi posted that she got her house back.
6/12/05 update: I have no idea what happened, have not heard from Cindi since her posting and I can only hope that she and Danielle are well.
The 2002 documentary: Wells Fargo and the Buckley Firm conspiring to fraudulently foreclose on Lynette's home.
My 1995 Transamerica fraud documentary.
Revised June 1, 1997 -- minor updates 6/05