Tue. Sep 1, 2020

SEC Complaint against Angelo Mozilo

What a strange time we live in. While we were filing a complaint based on possible tax invasion by house flippers – designers – real estate agents (bogus write offs), we found a strange connection between Bank of America and several local developers. Since many properties are not within the City of LA (DA: Mike Feuer), we have to deal with LA County DA Jackie Lacey (agh) and Xavier Bacerra’s office. Fortunately, Bacerra is from East LA. He is willing to show he is tough on developers to the communities that was pillaged by Jose Huizar.

When we fight – we win. By, Huizar

Sun. March 1, 2020

The Writ is accepted. But our request to court fee waiver was denied. So we will have to pay the court fee – BUT it will give us to update the writ. 🙂

We are filing a new lawsuit against Bank of America. If you are a victim of Fraudclosure by Countywide / Bank of America in LA area, please contact us.

Fri. Oct 25, 2019

My real estate advocacy gal in Sacramento emailed – and said “It’s LISTED! Congratulation. They are selling the house to the public.” (knowingly – that it has the title issue.

It is NOT illegal to sell the house – if they disclose it. And disclose it – that the sales could be reversed. CASE

I seriously wanted to vomit seeing these ugly pictures. Of course, after almost two years of being abandoned, the house was not in good condition. But for these house flippers to go in – gut out the retro tiles – and put nasty looking appliance is – HEARTLESS. Reminder – Ralph Suarez bought the house for $565k and now he is selling the same house – he purchased knowing about the federal litigation and the county fraud investigation – for $979k though this young real estate agent.

New petition coming up now – We just need to stop the sales of this TOXIC ASSET no matter what these gentrifiers say.

I took the screenshot – so he cannot deny he listed.

Did they put “ASTRO TURF”??? For real???

I contacted #brettHazard – to make sure his BFF Ralph told him about the clouded title.

Wed. Oct. 23, 2019

Hate to say this – but a lawsuit is fruitless. We have to do the “criminal investigations” – with governmental agencies.

  • Updated LA county Fraud department  re: “epidemic of fraud” by an investigative grand jury – 20 people in NYC arrested last month because of this report. We need the LA county to do the same- and collect some $ – for the homeowners who were defrauded.
  • Filed with Department of Real Estate regarding the “insider only” transaction
  • Requested information about mortgage backed security to United States Securities and Exchange Commission (under Freedom of Information Act)
  • IRS is your best friend – when you find FRAUDS.
  • No word so far from FAIR HOUSING dept – but we have an appt date.

Currently we are preparing an appeal to the superior court.   In addition, we are filing a wrongful eviction against Bank of America as a State Case as Part of a Violation of the Homeowners Bill of Rights and: 

n Farris v. Pacific States Auxiliary Corp. (1935) 4 Cal.2d 103, 105 the Court held:

“upon sale under a trust deed the purchaser has an immediate right to possession [of the subject premises]”

CCP 1161a(b)(3) – eviction process for borrowers who are foreclosed. 

The elements of an unlawful detainer action based upon the sale of real property at a trustee’s sale are set forth in Code of Civil Procedure section 1161a which states:

“(b) In any of the following cases, a person who holds over and continues in possession of a manufactured home, mobile home, floating home, or real property after a three-day written notice to quit the property has been served upon the person, or if there is a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter:

(3) Where the property has been sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected.”

This is the section most BFP’s or the loan servicers (or securitized loan trustee’s) will bring an eviction action under following a foreclosure sale on the prior borrower’s property.  As this section points out, the Plaintiff bringing the wrongful holdover (unlawful detainer action) bears the burden to prove the sale was in accordance with Section 2924 of the Civil Code (which are California’s non-judicial foreclosure statute.

Under California Evidence Code Section 500, the purchaser at the trustee sale who brings the UD should be required to prove the elements necessary to evict.  This section states:

Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.”

Mon. Sep. 30, 2019

Still working with the LA County Fraud departments. They are responsive – and I’m trying to find more homeowners who were victims of the same fraud.

These docs are found in IRS – Wells Fargo = REMIC??? IRS has the case # on this as well. Here’s the PDF you can use to report to IRS any suspicious real estate transaction or contracts (or non-existence of the valid contract)

This was filed almost THREE years after the “purchase”.

Sounds like they are pretty positive about the instruments and clear title. I already requested IRS to do investigation on this a while back. DO NOT MESS WITH IRS EVER!

Mon. August 12, 2019

Why the heck am I receiving the Cease and Desist letter from the Ralph Suarez’s attorney? I only had three emails exchanged – and continued to ask “How much you want to sell the house for” (Now finally he is saying $750k – ALL IN CASH). I haven’t even updated this website till today!

I filed the C& D letters with LA County Real Estate Fraud department (we already have the on-going investigation. It only made sense to me to open the investigation with them, because “county” records are flooded with fraudulent documents – and they can track down the evidence easier than any other department). That letter actual “confirms” he knows about the federal litigation. We put the banner up to inform any possible buyer – since we were BLOCKED to communicate by Wells Attorney (her letter can be found below). The banner = Public Service Announcement

I also sent this Bank of America letter to IRS to add to the complain we filed earlier – with the letter explaining how “the Ghost Bank” method works. Let’s see if they can find the actual transaction. These were sent out on the same day – to these TWO addresses – and their replies are:

Wells Fargo said “Bank of America has the notes! They are the investor!”
I’m like … dude, that’s the address I sent QWR ….

Mon. July 29, 2019

It’s pretty exhausting. Yesterday, a leader of the fraud closure fighter – homeowners’ group texted me – that NEW OWNER showed up on our property record.

What the hell, I thought. Last weekend, the record showed the house was sold to Bank of America on 7/17/2019, while “William the Cash buyer” said he purchased the house – now a new owner “Ribeye Management” is showing up?

I JUST updated and filed a new complaint with LA County Real estate fraud investigation last week. It looks like “William the Cash buyer” who “purchased” the house in end of June passed this hot potato. It’s too bad – I thought he would be able to sell us back the house (as he said he would) and he would walk out as a hero investor.

Anyway – back to “Ribeye management”. There is only one officer listed, and my Michael wanted to send her the warning. He thinks she may be the “victim” of the Wells Fargo scheme. (I’m like …. C’mon…. there is a HUGE BANNER on our neighbors’ wall, and every time our neighbors see someone in there, they go tell them “You are not welcomed here”. Good to be loved.)

This is probably what happened —->. Wells Fargo’ attorney, according to Mike Anderson, gave a GO to sell the house as REO. Instead of listing and selling the house to the public, like other agents would do, he gave the property to Hosep to sell to his “house flipper” friends. BTW – both agents are under BROKER IN TRUST in Encino. Is it insider trading? I do not know – but I e-mailed a friend’s cousin who works for Department of Real Estate.

On June 19th, when Hosep returned my call – he told me “cash only/ no title insurance” – while refusing to sell it to my friend, aka Godfather. Yep, that’s not ethical.

On July 12 – this “William the Cash Buyer” showed up at our house – the Fraudclosure fighters PHONE BOMBED Hosep.

Both Hosep and “William” dropped the property, and “someone”passed it to “RIBEYE.” Ribeye also lists Dilbeck as their office. Since there is one guy with the same last name as the Ribeye Office – #RalphSuarez – I emailed him this afternoon.

Anyway – I have to go shoot films – I will wait to update my press release till I hear from Ribeye or Dillbeck agents.

The house was “sold” to bank ofAmerica again- for the 4th time – on July 17.
“Bank owned sales” – was it WELLS or Bank of America. that sold this property. It would be interesting to see the contract.

Sat. July 20, 2019

First —> GREAT NEWS for Homeowners in California. CLICK – LivingLies

This decision, following the law in all jurisdictions, says that recording the sale is interesting but not dispositive. If the actual sale was void because ti was conducted in favor of a party who was not a true beneficiary under the deed of trust, then the sale itself is void.

Second – Hosep told one of the activists (Homeowners Association) that he DID NOT sell the house. Today – we found this.

My next step is to demand the receipt. And Contract with HIM and Wells Fargo. It’s a public record.

Also, I have to reply to that letter received from IRS about the property … SO much to do….

I still do not know the “flipper” purchased the house knowingly (we have a huge sign in front of the house – DO NOT BUY! So, that’s hard to believe) OR Wells simply made up some paper. So I’m NOT including him in any of complains I’m filing.

Reminder: We couldn’t short sell the house even because there is “NO CLEAR” title. This time I couldn’t buy the house because without title insurance, NO MORTGAGE company will offer me a loan. (see the letter below – #3)

CRIMINALS HAVE NAMES and FACES. Hold them accountable – and that’s how we win. When injustice happens, we become energized.

A Fraudclosure fighter. found this listing on Hosep – and said “He is not gonna sell it back to you. He is a gentrifier.”
Wells is in this business to take your someway. Don’t trust any of their programs.

Sat. July 13, 2019

Finally, I was able to meet the person who “BOUGHT” the house. Several neighbors are on-alert, so if anything happens to the house, we are notified. Neighbour called on Fri afternoon (while Michael on location..), so I just drove there – and met him. He is a house flipper, and planing to fix the house and sell it for $900k. He said he has the title insurance (what? Hosep told me there won’t be any title insurance offered.) But at the same time, that’s good – so he won’t lose all the money he paid to Wells Fargo or Brokers In Trust.

I will try to buy the house back from him. He can make a bit of money – and I don’t have to drop the lawsuit against the Well Fargo. The house flipper can be a hero – or a pest in Sunland. People in Sunland DESPISE gentrifiers and McMansion builders.

Also, I am filing a request to investigate this fishy transaction. Hosep and this person have done some business before – and maybe that explains about this —>.

I checked with an officer from DFEH – and YES, giving different price and NOT letting a certain person (us) purchase the house – clearly violates California Fair Housing act. Damn – no wonder these brokers have bad reputations. I already filed a complaint on IRS (the transaction dates on “bank of america” sales differed on what Wells filed – 2018). Believe it or not, IRS has been extremely nice to me. If you suspect anything fishy transaction with the real estate and developers / bankers – call them first. They will tell you which form to file. 800-829-1040.  

Anywhooooo – I’m not going to 100% public yet – waiting for the federal case dismissal, so I can make bigger stinks.

Still NO WORD from Mike Anderson. Broker in Trust sent an email to one of activists (she knows real estate law!) – “Mike Anderson does not work for and is not licensed under BrokerIntrust.  BrokerInTrust is an Association of independent Business owners NOT a brokerage comapny.  So the Association is not contractually involved with this transaction and does not have athority to be involved. Only Mike can address the issues you are referring to”.

So we are waiting to hear from him.

June 30, 2019

Again, Wells Fargo listed the house in spite of Lis Pendens!

While their attorney Raagini Shah of Reed Smith made it sound like Wells Fargo was willing to sell the house back again for $620,000, they posted the house on REO. Great, I thought. I am working with NACA office  to get a loan qualification letter

Here’s REO listing:

Great, I thought. I am going to get a pre-approval letter from the NACA program (Great organization – I wish I knew them TEN years ago) – and I can probably qualified for the loan. I filled out the request form, and waited.

A few days later, I got a call from Hosep. He told me that the house is sold #CASHONLY, No Title insurance offered, No Inspection – No walk through. I was pretty heartbroken.

I told this to “Godfather” – and he contacted the agency and offered cash for the house. Hosep said,”the house is SOLD, and currently in escrow.” Godfather says: I don’t believe it.

Oh… wrong person to piss off …. There will be an attorney to investigate the transaction – to see HOW CLEAN – including the receipt of cash, and where the cash came from.

I told this story to my real estate gal – and she sent me this. WTF – who lists PENDING right after OFF MARKET? C’mon. She recommended to contact DRE to ask what it means.

CHANGE —-> June 20, 2019

Michael was told NOT to contact Wells Fargo employers. The only reason he HAD to talk to Wells was he was the one named in the title and lawsuit. He is tired of bullshit anyway.

He cannot talk to them – but I CAN. Now, it’s activism, grassroots, media time! Michael is private – but I AM NOT. I believe Bruce Marks (NACA CEO / Founder) – Junkyard Dog approach. I believe in ACTIVISM. Remember: ALL CRIMINALS HAVE FACES AND NAMES. It’s tiny criminals who are enabling the systemic fraud by big corporations.

Because of this letter – we put the banner up. Inform PUBLIC about the clouded titles, etc!

From: “Shah, Raagini R.”
Subject: RE: Wells Fargo – Mortgage Fraud Federal Case
Date: June 20, 2019 at 10:19:42 AM PDT
To: Michael Helms

Mr. Helms, As far as I can tell, there are no title issues with the property. Thanks, Raagini Shah

From: Michael Helms
Sent: Wednesday, June 19, 2019 4:49 PM
To: Shah, Raagini R.
Subject: Re: Wells Fargo – Mortgage Fraud Federal Case EXTERNAL E-MAIL

Ms Shah

Are you aware the Wells Fargo is selling our home on REO…..cash only, NO TITLE INSURANCE, as is, and NO inspection allowed!??

When asked about it, the real estate guy, Mike Anderson, said they are selling the house (even though it is still in litigation) because, “They (Wells Fargo) have a good feeling about the outcome of the case!”

No one from Wells Fargo has contacted us.

Michael Helms ———————-

On May 28, 2019, at 10:08 AM, Shah, Raagini R.

 I’m speaking with the internal legal department at Wells Fargo. Thanks, Raagini Shah

 From: Michael Helms
Sent: Wednesday, May 22, 2019 6:29 PM
To: Shah, Raagini R.
Subject: Re: Wells Fargo – Mortgage Fraud Federal Case EXTERNAL E-MAIL

Ms ShahWho are you speaking with at B of A? What department?

Michael Helms

On May 22, 2019, at 12:05 PM, Shah, Raagini R.

Dear Mr. Helms, Yes the offer would need to be at or above $620,00 to even be considered. 

Thanks, Raagini Shah

From: Michael Helms
Sent: Friday, May 17, 2019 2:04 PM
To: Shah, Raagini R.
Subject: Re: Wells Fargo – Mortgage Fraud Federal Case EXTERNAL E-MAIL

Dear Shah

So  $620,00 or above are the only offers Wells Fargo is taking? Have you consulted with Band of America also? Is this figure good for them too? Seems there is some confusion about who owns the house and if the title is perfected. Securitization is an issue.

Michael Helms

A Letter to Rep. Adam Schiff (March 8, 2019)

Dear Ms. Vana – 
I am writing this – so Rep Schiff can support Rep Maxine Waters’ effort by providing this evidence for the Tim Sloan hearing on March 12. 

I am not sure if you remember me.   I had a meeting with you over two years ago when our  foreclosure fraud case was in the state court – and I requested to start an investigation by the House of Rep into Wells Fargo’s foreclosure practices. 
Due to many homeowners efforts, more and more of Wells Fargo’s deceitful practices are being discovered.  Reuters and the LA times have been strong allies in our investigations and struggles. 
Here’s our story http://www.10349siesta.com – under Media you can find articles about Wells Fargo frauds. 

My case is currently in the Federal Appeal court.   I had open heart surgery due to stress right after they illegally evicted us from our home.  We have gone through most of our savings and retirement money and are running out of funds to continue with the lawsuit.   So we contacted Wells Fargo’s executive office – and they simply referred us to their attorney.   (Letter attached).    
We contacted their attorney (email below) and a month later, we have received two letters from Wells – the same letters “contact our attorney” (attached) 
This is happening to MANY homeowners.     in Mr. Schiff’s district as well.   Wells has been encouraging people to “stop paying your mortgage” in order to qualify for loan modifications…and then Wells proceeds to foreclose on the properties. As outrageous as it sounds, this IS happening and HAS happened to us and to many others.
Mean while, Wells Fargo’s pattern has been to settle outside of court and, as part of the settlement, get the homeowners to sign a gag order. In this way, no one ever hears about the court case.
Please ask Rep. Schiff to bring this case as an example of the unwillingness of Wells Fargo to work with homeowners.   
If you’d like to – I can provide you with more evidence of their deceitful practice from CA – 28.  
Thank you – and looking forward to hearing from you

It is #respa violation – By making a qualified written request, a borrower can force the servicer to provide detailed information about the account.
Under amendments to Regulation X, which implements RESPA, that went into effect January 10, 2014, your inquiry will be categorized as: a “request for information” or a “notice of error.” From Nolo Press

From: Michael Helms
Subject: Wells Fargo – Mortgage Fraud Federal Case
Date: March 6, 2019 at 8:54:55 PM PST
To: “Shah, Raagini R.”

Dear Shah
I have received several computer generated letters from Wells Fargo.   I believe these responses from Wells  are due to you contacting them.
These letters are the evidence that Wells Fargo continues to refuse to work with homeowners.   When I contacted their “resolution specialist,” they told me that they cannot discuss this issue due to the account being in “active litigation”, and I must talk to you.  So, I emailed YOU, with an offer to resolve this matter, and I assume you contacted Wells Fargo. 
Attached, please find these letters Wells Fargo sent me (again) – they are almost identical to letters I received in Dec/Nov 2018 – asking me to contact YOU. 
May I take this as they have no interest in working with individual homeowners like myself? 
This shows their abusive pattern.   They hope homeowners whose houses they took away with no legal grounds will just go away as their funds to support their litigation disappear.  
Mean while, Wells Fargo HAS NOT replied to my Qualified Written Requests, stating they cannot reply due to the “active litigation” and because they are the servicer they are not able to do so.  Neither of these statements are true. The Servicer is not only capable, they are required by law, to reply to a QWR regardless of litigation. 
I will be forwarding this matter to Maxine Waters (a chair person of the House Financial Services Committee) as well as my house rep,  Adam Schiff’s office whom I am in touch with, since they are preparing for the upcoming hearing with Mr. Tim Sloan. 
This has been a very disappointing and frustrating correspondence.    

Michael Helms 

On Jan 30, 2019, at 9:54 PM, Michael Helms

Raagini Shah
Thank you for contacting Wells Fargo, perhaps you forgot to mention the last part of my email to their executives:  Please request your client to reconsider.    Wells Fargo destroyed my credit, my business, and my health, – and I will not be able to purchase the house again.   Wells Fargo took my home AND my studio (which is attached to the house) so I can no longer work there.   Due to the stress and abuse, I had to go through open heart surgery in January of 2018.  
Also, I hope you will study my current case and prior cases that I filed against Wells Fargo, and Bank of America.   I filed the settlement document that Wells Fargo offered in Summer 2016 as evidence in this current case – that includes “opportunity to review non-HAMP loan modification application.”     
If they were incapable of providing a loan modification at that time, why would they include that in the settlement offer?    Dec. 23, 2015 is the date that Wells Fargo “SOLD” the house to bank of America, even though it was not recorded till Nov. 2016. 
Also, please remind them that AS A SERVICER, they ARE, contrary to what you said,  in a position to offer loan modifications.  
My credit is destroyed.  I have been a professional photographer for 40 years and my studio was taken with the house, so now all I can do now is location work, but I am still working and am capable of paying the mortgage.
Since 2009, all I have been asking for is a loan modification knowing our Federal Government provided funds to the banks for the specific purpose of helping homeowners like me, stay in their homes. Once again, I am requesting a loan modification 
What I was requesting 9 years ago:$415,000 at 2% at 30 years fixed which would be a  $2,151 monthly payment as we were promised in Spring 2012. Wells Fargo denied my modification saying “the investor decided not to make the loan affordable at this moment” – while Wells Fargo, as a servicer, was completely capable of approving the loan.  And then they offered me a trial payment plan as an alternative.  Fortunately, I was suspicious and didn’t take that offer because it ended up in a class action law suit and many people lost their homes.    https://www.bankruptcysoapbox.com/corvello_decision/

Since Wells Fargo made a profit by selling my home at $568,000 to Bank of America, making $153,000 profit ($568k – $415k= $153k),  I would like to request $415,000 – $153,000 = $262k at the current rate 4.5 at 15 years, which keep the payment to $ 2,004.28 a month.  

As of today, Bank of America hasn’t verified the ownership of the house in spite of the fact I have sent them Qualified Written Requests. If Wells Fargo’s former attorney, Andrew Minegar’s statement in front of Federal Judge Consuelo Marshall, that Wells Fargo had indeed “perfected the title” when they sold the house to BofA, is true, I should be able to track down the documents as proof that it is indeed “Perfected”.  Wells Fargo and Bank of America have NOT provided the requested information in our Qualified Written Requests. I am enclosing our QWR as an attachment in case you are unaware of it.
Furthermore, we need to investigate the upkeep of my home.   It may not currently be in livable condition. We may need to add up to $50,000 for damages (detailed breakdowns will be provided upon inspection of the house) 
I drove by my home the other day and noticed the fences were falling down due to termites and the trees are dead. This is disturbing as that area is highly vulnerable to fires.  
Let me know if you are able to reach out to Wells Fargo headquarters and their board of directors who ARE capable of making decisions.   
Thank you 
Michael Helms

From: “Shah, Raagini R.”
Subject: RE: 2:17-CV-03183 CBM
Date: January 25, 2019 at 9:50:05 AM PST

Dear Mr. Helms, Since this property has been sold, there is not an option for a loan modification.  However, the bank would be willing to work with you if you would like to repurchase the property.  At this time, I believe they are considering offers above $620,000.  Please let me know if a repurchase is something you’d be interested in. This would be contingent on you obtaining financing for the purchase. Thanks,  Raagini Shah

From: “Shah, Raagini R.”
Subject: RE: 2:17-CV-03183 CBM
Date: January 23, 2019 at 11:36:14 AM PST

From: Michael Helms
Sent: Tuesday, January 22, 2019 10:23 PM
Subject: Fwd: 2:17-CV-03183 CBM

Dear Raagini Shah

I am resending you this email because I originally sent it on January 14th and have heard nothing in response.

Matt Vavra, Executive Resolution Specialist – Customer care and Recovery Group of Wells Fargo, Des Moines, IA,  (515)446-5750 suggested I contact you directly.   He said Wells Fargo cannot negotiate without you, since this is in the active litigation. 

I am in between the attorneys and am taking this opportunity to reach out to you as a Pro Se.   

Wells Fargo has been advertising “Making things right” for quite some time now, so I hope this email will reach them directly.  In the last 6 years, I have been in litigation with several difference firms representing Well Fargo and I believe they rarely, if ever, REALLY communicate directly Wells Fargo corporation. I believe Wells Fargo’s hired attorneys are making decisions, denying offers, and dragging out the case, in order for their law firm to continue billing Wells Fargo. I’m confident the legal fees incurred by Wells Fargo are already in excess of the value of my house. 

In order to encourage accountability of the law firm and to get a direct statement from Wells Fargo corporate, I am sharing this email to several accountable non profit organizations (such as ACCE, Committee for Better Banks, and So.Cal. ACLU) and individuals (State Attorney General Xavier Bacerra’s office, LA City Councils, and Maxine Waters – Committee on Financial Services). 

This has been an expensive, frustrating, and exhausting experience from the very beginning and I see no sign of cooperation from Well Fargo.The latest correspondence with Matt Vavra is a good example.   

As the Wells Fargo attorney, are you aware of the past correspondence between myself, my former attorneys, and Wells Fargo?  

All I asked, from the beginning, was for a loan modification, yet, even with 15 years of payment, perfect credit, and money in the bank, Wells refused, and continues to refuse, to work with me.  

Please request your client to reconsider.    Wells Fargo destroyed my credit, my business, and my health, – and I will not be able to purchase the house again.   Wells Fargo took my home AND my studio (which is attached to the house) so I can no longer work.   Due to the stress and abuse, I had to go through open heart surgery in January of 2018.  How inhuman this bank can be? 

Let me know if they are willing to negotiate an end to this nonsense.


Michael Helms

Case Number: 2:17-CV-03183 CBM