#AceNewsReport – July.30: Judicial Watch announced today that it has filed a federal civil rights lawsuit on behalf of Palatine, Illinois tenured high school teacher Jeanne Hedgepeth, who was fired by the suburban-Chicago school district where she had worked for 20 years after posting comments on Facebook criticizing the riots, violence, and shootings in Chicago in the aftermath of the May 25, 2020, killing of George Floyd.
Judicial Watch Report: Files Civil Rights Lawsuit for High School Teacher Fired for Facebook Posts Criticising Chicago Riots, Looting, and Violence in the Aftermath of George Floyd Killing
Hedgepeth made the posts on her personal Facebook page while vacationing after the end of the school year, just as some of the most severe violence was occurring: In her posts, Hedgepeth recommended studying Thomas Sowell, whom she described as a “treasure” and a “truth seeker,” and praised political commentator and activist Candice Owens and talk show host Larry Elder. She alleges that the firing violated her First Amendment rights.
The lawsuit, filed in the U.S. District Court for the Northern District of Illinois, seeks damages from the school district, Township High School District 211, and district board members and officials who participated directly in the firing (Hedgepeth v. Britton et al. (Case No. 1:21-cv-03890)).
The lawsuit explains:
In late May and early June 2020, Hedgepeth was vacationing in Florida after the end of the 2019-20 school year when violent street protests, rioting, looting, and shootings erupted in Chicago and many other U.S. cities in the aftermath of the killing of George Floyd on May 25, 2020 by Minneapolis police officers. In Chicago alone, 82 persons were shot, 19 fatally, over the May 30-31, 2020 weekend. On May 31, 2020, which the Chicago Sun Times described as the most violent day Chicago had seen in 60 years, Mayor Lori Lightfoot asked Governor J.B. Pritzker to deploy the Illinois National Guard in the city.
That same day, May 31, 2020, Hedgepeth posted the following photos of herself on the beach in Florida along with the comment, “I don’t want to go home tomorrow. Now that the civil war has begun I want to move.”
An individual responded, “Follow your gut! Move!!!!!!!!!” Hedgepeth answered, “I need a gun and training.” The individual replied, “me too!”
Another individual posted a meme that same day suggesting that the riots could be stopped with a septic tank truck and a pressure cannon. Hedgepeth reposted the meme, obviously in jest, adding, “You think this would work?”
On or about June 1, 2020, Hedgepeth posted the following comment on Facebook in the course of an exchange of posts begun the previous day with a third individual:
I am about facts, truth seeking and love. I will speak on any topic I choose because I live in a free country. I find the term “white privilege” as racist as the “N” word. You have not walked in my shoes either so do not make assumptions about me and my so called privilege. You think America is racist? Then you have been hoodwinked by the white liberal establishment and race baiters like Jesse Jackson and Al Sharpton. Travel the world and go see that every nation has racism and some more than others but few make efforts such as we do to mitigate or eliminate it. I have lived and seen. The people I am informed by about the black experience in America are actually some of the smartest people in America. And it so happens they are black. I highly recommend studying Thomas Sowell, who is now retired and in his 80’s. A treasure. A truth seeker. [D]oes REAL research and analysis. Candice Owens is one of the smartest and most courageous women in America and Larry Elders speaks the truth with a great sense of humor and FACTS not feelings. They are who I listen to when it comes to facts about the black experience in America. Don’t you think there is a deeper problem than racism when 50% of murders in America are committed by 13% of the population? Do you think there might be a subtle genocide of black babies when most planned parenthoods are put in poor neighborhoods and that 30% of abortions are black babies. [B]lack women only make up 7% of the U.S. population. The greatest power you have is what you believe about yourself. [W]hat have Democrats, mainstream media and intellectuals in ivory towers been telling the black community to believe about themselves for forty years? Wake up and stop believing them, then things will change.
All of Hedgepeth’s posts were on her personal Facebook page. None of Hedgepeth’s posts identified her as a teacher or a District 211 employee, nor did Hedgepeth post them in her capacity as a teacher or a District 211 employee. None of the persons with whom Hedgepeth exchanged Facebook posts were current District 211 or Palatine High School teachers, staff, or students.
Upon returning from her vacation in early June 2020, Hedgepeth learned that the school district was investigating her for her Facebook posts. She was fired by the school board six weeks later, on July 16, 2020, by a vote of 5-2. In her defense, Hedgepeth noted that the posts were on her personal Facebook page and were made “out of school.” She also expressly invoked her First Amendment rights.
“The school district took what could have been a teachable moment about respecting diversity of viewpoints and turned it into a clear civil rights violation,” said Judicial Watch President Tom Fitton. “Jeanne Hedgepeth had every right to express herself freely and openly on her personal Facebook page, outside of school, about matters of undeniable public concern. Firing her for opposing lawlessness, speaking out about gun rights, praising black conservatives, and criticizing Democrats and tenets of Critical Racial Theory violated the First Amendment, and the school district and district officials who did so will be held accountable.”
Judicial Watch is being assisted by attorney Christine Svenson of Palatine, Illinois.
#AceNewsReport – July.10: The states have been expected to file a lawsuit saying that the search and advertising giant violates antitrust law in running Google Play Store, its app store for Android phones, according to sources familiar with the matter.
SILICON VALLEY: Dozens of States Sue Google Alleging Antitrust Violations in a lawsuit was filed in the US District Court for the Northern District of California. The complaint was not immediately available.
The lawsuit, one of a series that has been filed against Google in the United States, follows complaints about the Alphabet Inc. unit’s management of its app store, known as Play Store, even though the company was originally seen as more open than Apple.
Google bans apps with objectionable content from its store, and further requires that some apps use the company’s payment tools and pay Google as much as 30 percent of their revenue.
#AceNewsReport – June.20: Lawyers representing the 34 plaintiffs accuse the online giant — one of the world’s largest adult video websites — of creating a teeming marketplace for child pornography and “every other form” of nonconsensual sexual content, and want the company to pay damages.
They accuse MindGeek, the controversial adult entertainment empire that runs Pornhub, of being a “classic criminal enterprise” with a business model based on exploiting non-consensual sexual content.
“This is a case about rape, not pornography,” the complaint said, describing the website as “likely the largest non-regulatory repository of child pornography in North America and well beyond”.
14 plaintiffs say they were minors
All but one of the plaintiffs in the new case, who reside both in the United States and abroad, wished to remain anonymous.
Fourteen said they were minors when they were filmed and should be considered “a victim of child sex trafficking”.
Michael Bowe, a lawyer representing the women, told CBS News the court could order MindGeek to pay hundreds of millions to his clients.
Serena Fleites, the only plaintiff to be named, said that in 2014 she learned that “a nude, sexually explicit video” that her boyfriend had coerced her to make when she was only 13 years old had been uploaded to Pornhub without her consent.
The video remained online until the teen, posing as her mother, asked Pornhub to remove it.
Yet the video was not taken down for several weeks, the lawsuit said, and during that time it was downloaded and reuploaded by several different users, with each video requiring a fresh request to remove it.
The plaintiffs’ lawyers accuse MindGeek of operating a “gaslighting campaign” online in a bid to discredit the victims, as well as making “threats of physical violence and death” against them.
They are also suing Visa Inc — one of the world’s largest payments processing companies — for “knowingly” profiting from trafficking in providing merchant services to MindGeek.
#AceNewsReport – Mar.21: We filed a District of Columbia Freedom of Information Act (FOIA) lawsuit in the District of Columbia Superior Court against the District of Columbia for the autopsy of Capitol Police Officer Brian Sicknick and related records (Judicial Watch v. District of Columbia (Case Number 2021 CA 000875 B)).
Lawsuit for Info on Capitol Police Officer Death: ‘Judicial Watch Sues for Autopsy of Capitol Police Officer Brian Sicknick’ We’re not going to get the full truth of events at the Capitol on January 6 from politicians or a dishonest media — no surprise there. So were going after it on our own.
We sued after the Office of the Chief Medical Examiner (OCME) of the District of Columbia denied our February 16, 2021, FOIA request for:
All records, including but not limited to autopsy reports, toxicology reports, notes, photographs, and OCME officials’ electronic communications, related to the death on Jan. 6, 2021 of Capitol Police Officer Brian Sicknick and its related investigation.Initial reports from the New York Times and other media outlets about the cause of Officer Sicknick’s death have subsequently been corrected and revised.
The unusual and unlawful secrecy about Officer Sicknick’s death investigation undermines public confidence in the fair administration of justice.
It will be particularly interesting to see if any politicians such as Nancy Pelosi or other outside officials communicated with the medical examiner’s office about Officer Sicknick.
Judicial Watch Sues for NY, PA COVID Nursing Homes Policies
New York Governor Andrew Cuomo is under fire for his policies that may have resulted in countless preventable nursing home Covid-19 deaths. But other states, such as Pennsylvania, had similar policies that needlessly increased risk for the nursing home residents. Again, not trusting the corrupted media or government to give us the full picture of this scandal, Judicial Watch went to court for answers.
We sued the U.S. Department of Health and Human Services (HHS) for records about New York and Pennsylvania nursing home policies and procedures during the COVID-19 pandemic.
Communications, including emails and text messages, between Division of Nursing Homes Director Evan Shulman and Pennsylvania Secretary of Health Dr. Rachel Levine regarding policies and procedures for nursing facilities during COVID-19. The timeframe of this request is February 18, 2020 to June 1, 2020.
Communications, including emails and text messages, between Quality and Safety Oversight Group Director David Wrightand Pennsylvania Secretary of Health Dr. Rachel Levine regarding policies and procedures for nursing facilities during COVID-19. The timeframe of this request is February 18, 2020 to June 1, 2020.
Communications, including emails and text messages, between Division of Nursing Homes Director Evan Shulman and Pennsylvania Deputy for Quality Assurance Susan Coble regarding policies and procedures for nursing facilities during COVID-19. The timeframe of this request is February 18, 2020 to June 1, 2020.
Communications, including emails and text messages, between Quality and Safety Oversight Group Director David Wright and Pennsylvania Deputy for Quality Assurance Susan Coble regarding policies and procedures for nursing facilities during COVID-19. The timeframe of this request is February 18, 2020 to June 1, 2020.
Communications, including emails and text messages, between Division of Nursing Homes Director Evan Shulman and New York Department of Health Commissioner Howard Zucker regarding policies and procedures for nursing facilities during COVID-19. The timeframe of this request is February 18, 2020 to June 1, 2020.
Communications, including emails and text messages, between Qualityand Safety Oversight Group Director David Wright and New York Department of Health Executive Deputy Commissioner Sally Dreslin regarding policies and procedures for nursing facilities during COVID-19. The timeframe of this request is February 18, 2020 to June 1, 2020. The U.S. Department of Justice and the U.S. Attorney’s Office in Brooklyn are investigating New York Gov. Andrew Cuomo’s handling of that state’s nursing homes during the pandemic. As of March 3, 2021, 15,430 nursing home and other long-term care residents in the state have died from COVID-19, according to the New York Long Term Care Community Coalition.
In February, Cuomo’s top aide reportedly admitted that New York withheld information about the coronavirus death toll in the state’s nursing homes out of fear that the true numbers would “be used against us” by federal government.
In Pennsylvania, as of February 25, at least 12,000 of the nearly 24,000 deaths attributed to coronavirus in that state reportedly occurred in nursing homes and long-term care facilities. Republicans in the state legislature have renewed calls for an investigation into how Gov. Tom Wolf’s administration has dealt with these facilities, specifically the state’s policy requiring that the facilities accept COVID-positive patients.
According to a report by Spotlight PA, coronavirus reports from the Pennsylvania Department of Health were “consistently missing data” on nursing homes. The state’s health department was headed during most of the pandemic by Dr. Rachel Levine, who has been nominated for a top position in HHS, believe it or not, in the Biden administration.
Thousands of nursing home residents in New York and Pennsylvania may have died thanks to those states’ COVID-19 mandates. The public, particularly those who lost loved ones due to the policies of the Cuomo and Wolf administrations, have a right to know the full truth about this public health scandal.
Court Slams Potentially Illicit Sales of Parts of Aborted Fetuses
In May 2019 we sued the Department of Health and Human Services (HHS) for Food and Drug Administration (FDA) documents about the purchase and use of human fetal tissue obtained from abortion clinics that was used by FDA researchers in “humanized mice” testing.
Then in February 2020 we uncovered records from NIH showing that the agency paid thousands of dollars to California-based Advanced Biosciences Resources (ABR) to purchase organs from aborted human fetuses to create “humanized mice” for HIV research.
In June 2020, we uncovered records from the FDA showing that, between 2012 and 2018, the FDA entered into eight contracts worth $96,370 with ABR to acquire “fresh and never frozen” tissue from first and second trimester aborted fetuses for use in creating “humanized mice” for ongoing research.
We can now report a positive development in this case, which, in many ways, has been a journey into a heart of darkness. A federal court ordered HHS to release additional information about its purchases of organs harvested from aborted human fetuses.
The Court also found “there is reason to question” whether the transactions violate federal law barring the sale of fetal organs. Documents previously uncovered in this lawsuit show that the federal government demanded the purchased fetal organs be “fresh and never frozen.”
Both the FDA and NIH purchased the organs from ABR to create “humanized mice” for use in HIV research. ABR partners with Planned Parenthood and other abortion providers to dismember fetuses and sell their parts for research. The decision notes that ABR:
sold second-trimester livers and thymi for hundreds of dollars apiece. The same for brains, eyes, and lungs. After tacking on fees for services like shipping and cleaning, ABR could collect over $2,000 on a single fetus it purchased from Planned Parenthood for $60. The federal government participated in this potentially illicit trade for years.
The court raised concern about whether these transactions are legal:
Happily for the Government (and ABR), this means that the Court need not reach Judicial Watch’s argument that the Government cannot withhold the information at issue because ABR engaged in criminal conduct. Recall that it is illegal to transfer “any human fetal tissue for valuable consideration. 42 U.S.C. § 289g-2(a). Judicial Watch contends that the invoices disclosed here show that the Government paid “valuable consideration” to ABR and so the Government cannot keep the withheld information confidential. The court found it “dubious” that a Freedom of Information Act (FOIA) exception invoked by the government could be used to “shield illegal business practices under the guise of ‘confidential business information’” and declared that “[t]here is reason to question the lawfulness of the transaction between the Government and ABR.”
In ruling in our favor, U.S. District Court Judge Trevor N. McFadden ordered HHS to disclose:
Any currently withheld names and addresses of ABR’s contract laboratories
Any redacted unit pricing information for fetal tissue, shipping, or other fees and services relating to the 2013-2015 years that can found in the fee schedules appended to the U.S. Senate Judiciary Committee report entitled “Human Fetal Tissue Research: Context and Controversy”
All contracts and related documentation between FDA and ABR for the provision of human fetal tissue to be used in humanized mice research.
All records reflecting the disbursement of funds to ABR for the provision of human fetal tissue to be used in humanized mice research.
All guidelines and procedural documents provided to ABR by FDA relating to the acquisition and extraction of human fetal tissue for its provision to the FDA for humanized mice research.
All communications between FDA officials and employees and representatives of ABR related to the provision by ABR to the FDA of human fetal tissue for the purpose of humanized mice research. This court victory will shed additional light on the federal government’s barbaric practice of purchasing organs of aborted human beings. The American people deserve to know how their tax dollars are being spent on this grotesque and potentially illegal activity.
U.S. Lifts Yemeni Militant Group’s Terrorist Designation
The Biden administration quickly undid a major Trump anti-terror initiative in Yemen and is set to resume sending militants there with millions of U.S. taxpayer dollars. Our Corruption Chronicles blog reportsthe details.Days after a “humanitarian situation” compelled the Biden administration to revoke the terrorist designation of a Yemen-based militant group, the U.S. is sending the Islamic nation $191 million in assistance. Yemen is a hotbed of terrorism that serves as the headquarters of Al Qaeda in the Arabian Peninsula (AQAP). The international community strongly opposed the Trump administration’s classification of another Yemeni radical faction, Ansarallah, as a specially designated global terrorist entity asserting that it would come with repercussions for humanitarian operations. In a Federal Register bulletin announcing the move the State Department writes that Ansarallah, also known as Partisans of God, has committed or has attempted to commit, or poses a significant risk of committing, or has participated in training to commit, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States.The Biden administration did not waste much time caving into the demands of leftist global entities to reverse the designation. Leading the pack was the famously corrupt United Nations, which joined forces with independent humanitarian organizations to demand Ansarallah be removed from the government’s terrorist list. UN officials expressed “deep concern about the adverse humanitarian impact,” and the director of a nonprofit called it a “death sentence.” In mid-February Secretary of State Anthony J. Blinken obliged, explaining that the decision to revoke Ansarallah’s terrorist designation is a recognition of the dire humanitarian situation in Yemen. “We have listened to warnings from the United Nations, humanitarian groups, and bipartisan members of Congress, among others, that the designations could have a devastating impact on Yemenis’ access to basic commodities like food and fuel,” according to State Department announcement. “The revocations are intended to ensure that relevant U.S. policies do not impede assistance to those already suffering what has been called the world’s worst humanitarian crisis. By focusing on alleviating the humanitarian situation in Yemen, we hope the Yemeni parties can also focus on engaging in dialogue.”It is worth noting that shortly after Blinken’s decision the U.S. Treasury’s Office of Foreign Assets Control (OFAC) sanctioned two key militants of the Iranian-backed Ansarallah, which is sometimes referred to as the Houthis. The agency identifies them as Mansur Al-Sa’adi and Ahmad ‘Ali Ahsan al-Hamzi and claims they are responsible for orchestrating attacks by Houthi forces impacting Yemeni civilians, bordering nations, and commercial vessels in international waters. “These actions, which were done to advance the Iranian regime’s destabilizing agenda, have fueled the Yemeni conflict, displacing more than one million people and pushing Yemen to the brink of famine,” the OFAC writes in a press release. The document proceeds to explain that the Houthis have waged a bloody war against the internationally recognized Yemeni government using ballistic missiles, explosives, naval mines, and unmanned aerial vehicles (UAVs) to attack bases, population centers, infrastructure, and nearby commercial shipping. “The Iranian regime has intensified this conflict by providing direct financial and materiel assistance to the Houthis, including small arms, missiles, explosives, and UAVs,” according to the U.S. Treasury.The conflicting actions of two American government agencies may seem confusing to some, though Secretary of State Blinken does acknowledge Ansarallah’s terrorist traits and that its leaders threaten Yemen’s peace, security, and stability. In the announcement quashing the terrorist designation, Blinken says this: “The United States remains clear-eyed about Ansarallah’s malign actions, and aggression, including taking control of large areas of Yemen by force, attacking U.S. partners in the Gulf, kidnapping and torturing citizens of the United States and many of our allies, diverting humanitarian aid, brutally repressing Yemenis in areas they control, and the deadly attack on December 30, 2020 in Aden against the cabinet of the legitimate government of Yemen.”
The Secretary of State promises to “closely monitor” the terrorist organization’s activities and actively identify additional targets for designation, especially those responsible for explosive boat attacks against commercial shipping in the Red Sea and missile attacks into Saudi Arabia. Blinken assures the U.S. is committed to helping its partners defend themselves against threats arising from Yemen. In the meantime, American taxpayer dollars keep pouring into the country. The latest allotment of $191 million, announced this month, comes on the heels of a $160 million allocation at the end of 2020 to “alleviate the suffering of the people of Yemen.”
#AceNewsServices – WASHINGTON:Dec.09 – The U.S. Supreme Court on Monday rejected BP‘s challenge to its multi-billion-dollar settlement agreement over the 2010 Gulf of Mexico oil spill, which the oil giant complained has allowed certain businesses to get payouts despite being unable to trace their losses to the disaster.
The court’s decision not to hear the London-based company’s appeal is the latest setback for BP, which is trying to limit payments over a disaster that killed 11 people and triggered the largest U.S. offshore oil spill.
The court’s action, disclosed in an unsigned order, means BP will have to make the payments as it continues to deal with the spill’s aftermath.
#AceNewsServices – (Exclusive) UNITED STATES – August 19 – In a Freedom of Information Act lawsuit against the US Department of Justice, EPIC has obtained hundreds of pages of documents about the NSA’s Pen Register "trap and trace" program, operational from 2005 to 2011.
The documents EPIC received in response to the lawsuit include the US government’s original FISA application seeking authorization to collect metadata from millions of emails, as well as declarations from NSA officials describing the program. The documents also show that FISA Court Judge John Bates chastised the agency for "long-standing and pervasive violations of the prior [court] orders in this matter."
The documents prove that although the FISA Court first authorized the program in 2004, the legal justification was not provided to Congress until 2009. According to the documents, the then-US Attorney General Alberto Gonzalez withheld information about the program in testimony before the Senate Intelligence Committee prior the reauthorization of the legal authority.
The pen register program was shut down in 2011 after a detailed review showed numerous problems.
Under the Wiretap Act, government agencies must report to Congress annually about the use of pen registers and other communications surveillance devices.
EPIC’s initial October 2013 FOIA request asked for more information from the agency about how many surveillance requests were being filed by the federal government, what information the agencies were reporting to Congress, and what Congressional oversight mechanisms were in place.
EPIC plans to challenge several withholdings in these documents.
English: Notice of Trustee’s Sale, Foreclosure, Mortgage Crisis (Photo credit: Wikipedia)
Mortgage Fraud Examiners, the investigative firm who warned the public about loan modification scams, the “criminal loan modification trap,” the “Mortgage Elimination” scam and worthless services like “forensic loan audits” and “securitisation audits” is now warning that “pretender defenders” may be cheating homeowners out of victory by ignoring contract breaches and tortuous acts underlying their mortgage transactions!
“Only exposure of contract breaches and/or tortuous conduct underlying a mortgage transaction provides a sound strategic basis for liberating homeowners from the bondage of mortgage foreclosure.” So says Storm Bradford, Founder of Mortgage Fraud Examiners.
Mortgage Fraud Examiners is a project of Lex Consulting, LLC. For over 30 years, Lex Consulting has provided litigation support to attorneys, helping them break into new areas of practice, or providing specialized advice for complex cases requiring novel approaches to the law. Due to the recent housing crisis, Mortgage Fraud Examiners, a team of specially trained legal professionals, was created to provide borrowers and the legal community with comprehensive assistance to help keep them in their homes.
“Homeowners and attorneys need to understand a promissory note; mortgage/deed of trust is nothing more, nothing less, a contract. Moreover, attorneys need to be extra careful. According to several ethics counsel we contacted around the country, failing to identify contract breaches and/or tortuous conduct may justify a homeowner suing a foreclosure defense attorney for malpractice or at least disgorgement of fees if the homeowner were to lose their property and these problems were later identified. Bradford reiterates the point, made by the ethics attorneys, “foreclosure defenders who fail to properly examine the mortgage transaction might face legal malpractice claims by their clients: Let me ask you this. If a client goes to an attorney with a contract dispute, what is the attorney ethically bound to do? Is not it to look for breaches in, and tortuous conduct related to the contract?”
Thomas K. Plofchan, Jr., an attorney in Sterling, Virginia, who employs the services of Mortgage Fraud Examiners, adds: “Ultimately, the only real issue is whether a proper lien has been created with the house as collateral. It is astonishing just how many legal errors, contract breaches, and frauds, can be exposed by a meticulous examination of the mortgage transaction.” Matter of fact, in two recent cases we were able to identify and establish evidence to show the deeds of trust were void. The result for the homeowners was receiving their respective homes free and clear. So, it’s quite clear, a thorough examination of the mortgage contract is the ONLY proven method to uncover evidence that could affect the validity of the lien.”
Bradford claims that so many foreclosure attorneys fall into the Pretender Defender category that homeowners must develop ways to determine whether the attorney can and will be able to identify contract anomalies within the mortgage transaction, and get them a financial settlement and/or their house free and clear if found. ?Asking a simple question, like how many cases have you won, would be a good starting point.
Bradford explained the favorite strategy of the “Pretender Defenders:” “They use arguments like ‘show me the note,’ ‘securitization,’ ‘MERS,’ ‘robo-signing,’ and so on. Although these have some legal validity, inevitably, the entity foreclosing corrects the defects and wins because of one central fact that everybody knows – the borrower failed to repay the mortgage loan as agreed. These ?pretender defenders know that the court will eventually grant the foreclosure, Bradford says, and that their typical defenses generally amount to nothing more than STALL tactics.
This brings up a pressing question. How often do ?pretender defenders miss valid defenses that may help homeowners? A recent lawsuit by the FDIC shows that this happens all the time. The FDIC had 292 appraisals performed by an appraisal management company for Washington Mutual analyzed. The FDIC found ?more than 75 percent of appraisals reviewed were found to contain multiple egregious violations of USPAP and applicable industry standards. The FDIC’s Big Appraisal Fraud Suit: Why It Smells Fishy
Foreclosure defenders should be identifying tortious conduct, and contract breaches. And finding problems within the mortgage transaction is relatively easy, we find appraisal fraud in eight out of every ten mortgage transaction we examine, which coincides with the findings of the FDIC, and that doesn’t include all the other types of tortious conduct and contract breaches that are usually present. So in most cases the homeowner has a ninety percent chance or better of having something viable that puts them in the proverbial driver’s seat. Most often the demonstration of a strong cause of action will lead the bank to ask for a settlement. The settlement or the lawsuit could result in getting the house free and clear, and/or money for the foreclosure victim, plus fees and costs for the attorney.” Quicken Loans on losing end of $3 million predatory lending verdict
Bradford adds, “if the homeowner had a choice of possibly stalling the foreclosure action or possibly getting their home free and clear, and/or a monetary settlement from the bank, does anyone really believe the homeowner would choose the stall tactic? And yet, many do because these ‘pretender defenders’ misled them. By just delaying the inevitable foreclosure, some pretender defenders bill their clients anywhere from $1500.00, to $3500.00 or more upfront, and $500.00 to $1500.00 a month until their foreclosed on. In the end, the client loses the house and has lost to the ‘pretender defender’ $5,000.00 to $20,000.00 badly needed for relocation after the foreclosure. Confusing Lawyer Fees Complicate Foreclosure Battles
Mortgage Fraud Examiners provides services for attorneys and their clients who face foreclosure and for homeowners who suspect problems underlie their mortgage transaction. They discover appraisal fraud, loan application fraud, other tortious conduct, contract breaches and both typical and atypical violations of all kinds. They provide a report of the findings within 7 business days, and, as a service to attorneys, may provide it styled as a complaint ready for filing or for settlement negotiations.
“The first line of action for any homeowner or attorney should be the examination of the mortgage transaction first, and in the off-chance there’s nothing there of any consequence you can always stall afterwards, but never first! There really are many legal options available to homeowners facing foreclosure,” Bradford concludes. ?However, the only process that works is to find a REAL legal dispute that a judge is willing to accept as a valid reason to slam the bank, such as contract breaches, tortuous misconduct, etc. Every mortgage transaction has unique facts, every claim has different applicable law, and only by properly examining the mortgage transaction is one going to find the answers.”
Sent to Ace Mortgage Desk for immediate press release by Mortgage Fraud Examiners for which we thank them.