"THE PARADISE REPORTER" (TPR) Since 2001: COLORADO MAN's FORECLOSURE BATTLE STORY-UPDATED

This latest update was snipped from...

From: Kick Them All Out Project eNews <enews@kickthemallout.com>
Date: December 23, 2010 11:55:12 PM EST
Subject: KTAO Project December 2010 Newsletter - Oh Yeah . . . The Republicans Will Save Us!
Reply-To: info@kickthemallout.com

(...)

Bank Battle Update

Much has happened since the last update. First, the Boulder Weekly did two stories on the foreclosure crisis in Colorado. One of the articles goes into my case in great detail. You can read the articles here and here.

To refresh everyone's memory, OneWest bank stole my home through an illegal foreclosure, claiming they were the lender, the creditor, the sole owner of the loan and the sole beneficiary of the deed of trust. They were neither and I have proof. Because of the banker-biased laws of Colorado, it didn't matter that I had proof. The judge said, "I don't care that they lied to me and to everyone. I'm letting them steal your home."

A few weeks after OneWest stole my home with a fraudulent credit bid at the trustee sale, which means they paid a whopping $0. Then they flipped my property to Freddie Mac for . . . are you ready . . . a whopping $10! Neither OneWest nor Freddie Mac had any financial investment in my property. NONE. They stole it through deliberate collusive fraud. It is one grand racketeering scheme to steal property and launder land titles.

I have a state lawsuit pending against OneWest and Freddie Mac. Freddie Mac tried to evict me, but I got a stay after posting a $5,000 bond pending the outcome of the lawsuit I filed. The state case is strictly over the issue of title to my property. Neither OneWest nor Freddie Mac responded to the complaint so believe it or not, I got a default judgment and the title is quieted in my name. Yes, you heard it right. As of now, my home is mine free and clear . . . for now.

The local judge couldn't stand that he had no choice but to grant me a default judgment. I had proof that we did proper service of the complaint to both of them. He could not stand the fact that I prevailed so he went out of his way to make sure that OneWest and Freddie Mac were aware of the default. The judge ordered me to serve the default on them despite the fact that the court rules specifically say if a party defaults after they have received proper service I do not have to serve them anything. The judge once again just made up his own rules and my attorney offered no resistance. In fact, my attorney actually said he thought if we didn't the judge would serve them himself!

The judge also tried another underhanded maneuver to alert the banks. He ordered a hearing on a previous case I had filed that was closed. The ONLY reason he would have done this is to have an opportunity to tell the bank of the default. TOTALLY inappropriate. So not only did I have to pay to have the papers served again, roughly $200, I had to pay the attorney to deal with another hearing. Fortunately, the judge couldn't tell them of the default in the hearing because they didn't show. That was a sweet moment.

The judge did get his way in the end because OneWest and Freddie Mac have responded now after we served them with a default notice. They have now hired the same Denver law firm that's handling the federal case. So now the banks will no doubt file to have the default judgment set aside, which the judge will happily do and they will no doubt file a motion to have the state case dismissed, as they have done in the federal case.

As I understand it, this is standard practice. The first thing the defendants try to do is to avoid answering the complaints, especially if they know they are in the wrong. Answering the complaint requires them to admit or deny everything alleged in the complaint, on the record. In my case, the only way they can answer my complaints is to lie, so instead, they filed a motion to dismiss the case. Their motion is a pile of nonsense designed to muddy the water and cloud the primary issue, which is that THEY LIED and COMMITTED FRAUD. What they filed was astounding. We attached irrefutable proof of their crimes to our complaint and they still insist they did nothing wrong, nothing at all.

We have filed a response to their motion to dismiss that included quite a few more pieces of new evidence. This evidence not only proves their fraud, but also shows RICO and RACKETEERING activity between OneWest, Freddie Mac and their system of racketeering Lender Processing Services (LPS). LPS is a company set up with the sole purpose of automating and reducing the cost of property theft all across our nation.

So now OneWest has to file a reply to our response and the federal judge will decide how things will proceed. It is very unlikely that he will grant their motion to dismiss in the face of all the evidence we have presented. This will mean OneWest can no longer avoid facing the music. Then they MUST answer the complaint and either admit or deny all the allegations. This is the big hurdle. Get past the motion to dismiss phase and the game is on. It will be the same in the state case. They will try to get it dismissed but it won't happen. There's just too much evidence against them. So, even though they will probably get the default judgment set aside, they will have to answer the complaint, which means they either tell the truth or LIE. If they lie, it's an incredibly serious issue at that point.

So the way we imagine it will play out is they will want to settle at that point. My Denver attorney, Gary Fielder, has also been talking to high-powered class action attorneys. They have told him that if we get past the motion to dismiss they are most definitely interested in jumping into the game. We checked and OneWest has done over 1,100 foreclosures in Colorado alone. I'd be willing to wager most of them are illegal.

So . . . we'll know soon what the federal judge thinks about the whole thing. Stay tuned! Be sure to read the Boulder Weekly article about my case. It's very well done. If you're interested in reading what I have been filing with the courts you can check out my Scribd.com channel here. There are a lot of important documents posted there related to fraudulent foreclosures and how to fight them.

Bruce McDonald