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DISTRICT OF MASSACHUSETTS
PAUL L. MUCKLE,
Plaintiff
Vs.
THE UNITED STATES OF AMERICA,
Former President George W. Bush; President Barack H. Obama;
Treasury Secretaries John W. Snow, Henry Merritt Paulson, Jr., Tim Geithner;
SEC Chiefs William H. Donaldson, Christopher Cox;
The governors of the following states or their current successors
Defendants
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CIVIL COMPLAINT FOR MORTGAGE FRAUD, VIOLATION OF THE
FEDERAL HOME OWNERSHIP & EQUITY PROTECTION ACT, VIOLATION
OF THE FEDERAL TRUTH IN LENDING ACT, VIOLATIONS OF THE
RESPECTIVE STATES‟ PREDATORY LENDING LAWS, AND VIOLATION OF
SECTION 1 AND SECTION 4 OF THE 14TH AMENDMENT OF THE
CONSTITUTION OF THE UNITED STATES OF AMERICA
CIVIL CHARGES
1. Paul L. Muckle, pro se, the plaintiff in the above entitled action, respectfully
files this complaint against the named defendants, accusing them jointly and
amended, HOEPA. 15 U.S.C. ss. 1639, 12 C.F.R. ss.ss. 226.32 and 226.34
d. The Arkansas Home Loan Protection Act, Ark. Code Ann. ss.ss. High Cost
e. The Cleveland Heights, OH Ordinance No. 72-2003 (PSH), Mun. Code ss.ss.
f. The Colorado Consumer Equity Protection, Colo. Stat. Ann. ss.ss. Covered
g. The Connecticut Abusive Home Loan Lending Practices Act, High Cost
h. The District of Columbia Home Loan Protection Act, D.C. Code ss.ss. 26-
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i. The Florida Fair Lending Act, Fla. Stat. Ann. ss.ss. 494.0078 et seq. High
j. The Georgia Fair Lending Act, Ga. Code Ann. ss.ss. 7-6A-1 et seq. High
Fair Lending Act, Ga. Code Ann. ss.ss. 7-6A-1 et seq. High Cost Home
k. The Illinois High Risk Home Loan Act, Ill. Comp. Stat. tit. 815, High Risk
l. The Indiana Home Loan Practices Act, Ind. Code Ann. ss.ss. High Cost
m. The Kansas Consumer Credit Code, Kan. Stat. Ann. ss.ss. 16a-1-101 High
Loan to Value Consumer Loan (id. et seq. ss. 16a-3-207), and Sections 16a-
1-301 and 16a-3-207 became effective High APR Consumer Loan (id. ss.
n. The Kentucky 2003 KY H.B. 287 - High Cost Home Loan Act, Ky. Rev.
o. The Maine Truth in Lending, Me. Rev. Stat. tit. 9-A, ss.ss. 8-101. High Rate
p. The Massachusetts Part 40 and Part 32, 209 C.M.R. ss.ss. 32.00 et seq. and
High Cost Home Loan 209 C.M.R. ss.ss. 40.01 et seq. Massachusetts
Predatory Home Loan Practices Act High Cost Home Mortgage Loan
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q. The Nevada Assembly Bill No. 284, Nev. Rev. Stat. ss.ss. 598D.010 Home
Loan et seq.
r. The New Jersey New Jersey Home Ownership Security Act of 2002, N.J.
s. The New Mexico Home Loan Protection Act, N.M. Rev. Stat. ss.ss.
t. The New York N.Y. Banking Law Article 6-l, High Cost Home Loan
u. The North Carolina Restrictions and Limitations on High Cost Home High
Cost Home Loan Loans, N.C. Gen. Stat. ss.ss. 24-1.1E et seq.
v. The Ohio H.B. 386 (codified in various sections of the Ohio Covered Loan
x. The South Carolina South Carolina High Cost and Consumer Home Loans
High Cost Home Loan Act, S.C. Code Ann. ss.ss. 37-23-10 et seq.
Mortgage Loan Act Loan and Servicer Act, W. Va. Code Ann. ss.ss. 31-17-1
et seq.
a. Failure to protect the residents in each respective state and of every state
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b. Aiding and abetting in the dispossession of the residents of each respective
state.
c. Failure to protect the national and financial security of the people of the
DEMANDS
4. The complaint seeks “CEASE AND DESIST ORDERS” against all the
a. Cease and desist from granting any foreclosure ORDER that violates the
Constitution.
b. Cease and desist from violating the “Equal Protect” clause of the 14th
c. Cease and desist from granting any foreclosure ORDERS that, under the
federal HOEPA and each respective state‟s predatory lending laws are,
d. Cease and Desist from violating Section 4 of the 14th Amendment by paying
firms which were responsible for the fraud that‟s destroying the United
States‟ economy.
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e. The complaint states in no uncertain terms that all subprime loans in the
country with adjustable rate interest have “Fraud in the Factum” in the
Commercial Code Section 3-305, all such notes are null and void.
f. The complaint seeks that after seeing the evidence, the Court must move to
in the entire United States of America from the foreign note owners and to
transfer said deeds to the care and protection of the United States
Treasury.
g. The complaint also seeks that the Court order the United States Treasury
wreaking havoc on the livelihood of the people, and the firms which got
taxpayer‟s bailout money, and to demand that the bailout money they
STATUTORY PROVISIONS
Citizenship.
6. All persons born or naturalized in the United States and subject to the
jurisdiction thereof are citizens of the United States and of the state wherein
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they reside. The plaintiff is a legal derivative- citizen of the United States of
With this status, my unalienable rights of life, liberty and property couldn't be
infringed upon nor could they be transferred or sold by any other person.
the United States Declaration of Independence to life, liberty, and the pursuit
of happiness, is absolute.
9. Each individual, at least so far as respects his unalienable rights, is his own
sovereign, which means that wherever the rights of the people as a whole are
being abridged, then any citizen is free to pursue claims on behalf of himself
and the collective citizens of his state and of every state in the Union, in any
federal court of law, against any enemy or entity, whether foreign or domestic,
jointly and severally, to redress the violation of any law or the enforcement of
any law which directly threatens his sovereign rights; whether that violation
occurs in his respective state and/or in any other state in the Union. So long as
10. “The word "sovereign" is defined in the sixth edition of Black's Law Dictionary,
authority is vested; a chief ruler with supreme power; a king or other ruler in a
monarchy.” Prior to the War for American Independence, the British king was
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the sovereign and the American people were his subjects. The war's outcome
11. The sovereignty has been transferred from one man to the collective body of
the people, and he who before was a subject of the king is now a citizen of the
State. State v. Manuel, North Carolina, Vol. 20, Page 121 (1838)
12. Thus, a citizen of a state is, by the federal Constitution, made a citizen of the
13. Therefore, if any citizen of any state has evidence that any entity, whether
foreign or domestic, is engaged in any adverse action which abridges the rights
of the people, or that causes destruction to our nation‟s economy, then that
citizen, as a sovereign, has the constitutional right and the patriotic duty to his
court of law.
14. For purpose of elimination (because I know this will be the first line of defense
for the court and the defendants), the Federal Court, Local Rule 83.5.3 (c),
which states that a non attorney cannot act as the lawyer for anyone but
citizenship in America: When men entered into a state, they yielded a part of
their absolute rights, or natural liberty, for political or civil liberty, which is no
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other than natural liberty restrained by human laws, so far as is necessary and
expedient for the general advantage of the public.” What this is clearly stating
is that unless the action that I am taking adversely impacts or infringes upon
adversely threatens the public interest, then no court in the land has the right
15. Federal Local Rule 83.5.3 (c) is a direct infringement of my constitutional right
and duty to defend my country and my fellow citizens from a “clear and present
infringe on the rights of any other citizens if the citizens are being grossly
bring harm to the government of the United States of America, and I was to
kill those terrorists, would they not pin labels on my shoulder and parade me
across the airwaves? So then why is it that if I perform the same act,
nonviolently, but in a civil action in a court of law, why do they say I have no
18. This lawsuit does not seek monetary damages nor does the plaintiff require
any compensation for any service rendered in this lawsuit. A license for the
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right to practice law is an agreement to share the loot, e.g., “Collective Security
for Surety.” For what will they tax me if I loot no man? So then why do I need a
license to defend? This lawsuit simply seeks a CEASE AND DESIST ORDER
against thievery and dispossession, and to seek the protection of our national
security, and to protect the integrity of the overall U.S. economy. The
19. It is for the benefit of all the people that I, as a sovereign citizen, wage this
civil war against the foreign investment firms destroying our economy and
20. For two years now, I have been trying to bring what I know to the attention of
the appropriate authorizes, but the authorities have been derelict in their duty
to the people; therefore, under the U.S. Constitution, if the government ceases
have a patriotic duty to my country to wage war against any enemy of the
21. You may consider this civil action an act of war on behalf of me and of all the
people. Because the government won‟t go after the financial terrorists who are
terrorizing the people and destroying our country from within, then I must sue
the government to force them into action. Therefore, this action against the
call my Jericho Wall Strategy). If the royals won‟t come down from off the
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mountain, then I as a sovereign have no problem going up there to fetch them
down.
22. We are a nation of laws. Any action to dismiss this complaint on the grounds of
enforcement of any Local Rule 83.5.3 (c) in this instant case is a violation of the
14th Amendment which states, “No State shall make or enforce any law which
provision of the Constitution. Just thought that I would save myself the two
COMPLAINT
23. Between the year 2006, to the present year 2009, more than three million
American families throughout all 50 states in the Union, have lost their homes
24. The above named defendants have all admitted that because of mortgage fraud
industry, they are expecting many more (at least another seven million or so)
people, have failed to take the appropriate action in stopping this unlawful
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dispossession and robbery of the people, but has instead engaged in acts which
not only aid and abet the perpetrators, but which violate the 14th Amendment
to the Constitutional of the United States of America and the federal and
complaint.
26. Under the terms of each individual mortgage contract originated in all 50
states in the United States of America within the last 5 years, the drafter of
the contract (the mortgage lender) has inserted a provision which states words
to this effect: „In the case of default on the mortgage terms, if the citizen does
not cure the default within the prescribed time, the lender may use the
applicable law to foreclose on the consumer‟s property and sell it, without
27. Under this clause in the mortgage contract, American mortgage note holders,
doing the tasks of their foreign bosses on Wall Street, are permitted by state
law to walk into an American Court of Law (such as the housing court), and
file an ex parte complaint to obtain, without any objection and/or knowing and
intelligent assent thereof, “legal rights” to enter into, and to take possession of
property, and to evict that America citizen out into the street like a dog, and to
sell his/her property without first granting that citizen his/her constitutional
rights to due process; these due process rights being the rights to contest the
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28. Under the terms of the mortgage contract, the consumer has no legal rights to
contest the foreclosure of his/her property in the very same proceeding as the
29. This complaint states, not alleges, that all four million-plus foreclosure orders
which have been issued in any ex parte hearing in any American court of law
throughout any of the 50 states within the past five years, are all unlawful and
violate the due process rights of the citizens who are directly affected by said
foreclosures.
30. Under federal consumer protection ordinance, each individual state must enact
anti-predatory lending laws which must exceed or conform to the federal Home
Ownership & Equity Protection Act (HOEPA) unless that state chooses to
31. The federal Home Ownership and Equity Protection Act was enacted to fight
issues that the HOEPA dealt with was the slick way in which lenders were
able to use the system to legally cheat unsuspecting homeowners out of their
homes.
lending laws, one of the practices that falls within the definition of predatory
lending happens when a lender hides words in the fine print that make it
illegal for the homeowner to take legal action against the lender. The
borrowers sign away their rights to sue the lender for any fraud, predatory
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actions or illegal actions. The only right the borrowers have is to take their
representation. Although the borrowers can usually have legal counsel, they
find it difficult to find anyone who will represent them because the lawyers are
not guaranteed payment of their fees in arbitration like they are in court.
Many arbitration cases are handled over the phone and when a small
33. Each individual state‟s predatory lending law which is modeled after the
cost home mortgage loan that allows a party to require a borrower to assert
any claim or defense in a forum that is less convenient, more costly, or more
dilatory for the resolution of a dispute than a judicial forum established in the
defense or limits in any way any claim or defense the borrower may have is
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34. Section 1 of the 14th Amendment to the U.S. Constitution states, “No State
shall make or enforce any law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within
35. However, despite this forbiddance by the United States Constitution and the
federal and state predatory lending laws, lenders are still permitted to deprive
the people of their pursuit of liberty and property. Let‟s analyze the situation:
The law already recognized that arbitration strips consumers of their rights, in
fact this is how the law puts it: (a) “The arbitration process is totally in the
hands of the lenders, (b) usually conducted in secret without the borrowers
arbitration decisions are binding and the borrowers cannot appeal them.
36. Now, with those recognitions by the government in mind, how is a foreign note
any notice to the citizen, and seek an American court order from an American
citizen?
37. Am I the only one who sees that the lenders got slicker and bolder? Instead of
forcing the citizen into arbitration to contest the foreclosure, the lender
eliminated the whole process altogether. Instead of granting the citizen the
right to dispute the validity of the foreclosure, the lender just goes straight to a
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court of law, and demands that the American judge give them the legal rights
to dispossess the people, without the people being able to tell their side of the
story. The only time the citizen knows that they are being deprived of their
property and their rights to due process, is when they receive their copy of that
already too late; the one-sided legal order has already been issued, the matter
has already been recorded in the County‟s Registry of Deeds, and the notice of
sale has already been placed in the local newspaper. The only thing that‟s left
is for prospective buyers to come and begin the Great Humiliation. What a
calamity! There is no appellate process, except that the citizen now has to hire
an attorney and file a separate suit which in the end would be even more costly
than arbitration.
38. What attorney will take a case where the foreclose order has already been
issued? And on what grounds would he sue? Wasn‟t the Dispossession Order
state‟s government? Had I not been too ignorant to accept defeat, I too would
39. But to add insult to injury, the foreclosure ORDERS that are signed by the
Chief Justice of the housing court states, “If you are entitled to the benefits of
the Servicemembers Civil Relief Act as amended and you object to such
foreclosure you or your attorney should file a written appearance and answer
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in said court …or you may be forever barred from claiming that said
40. So right there, in plain English, if the homeowner is not a member of the
military on active duty, then that homeowner is not entitled to contest the
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Exhibit A
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41. There are parallels between what the lenders did before the predatory lending acts were
enacted, and what they are doing after those laws were enacted, and they got even bolder.
They eliminated the citizen‟s rights to contest the foreclosure altogether and just walk into
court boldly, without notice, and demand legal rights to deprive a citizen of their most
42. The people aren‟t even allowed to assert any defense because according to the ORDER
written by the court and signed by the American judge, they have no such rights unless they
43. The rights to foreclose order granted by the court which allow only military
44. Should I keep back my opinion at such a time, through fear of giving offense or
towards the people, and an act of disloyalty to the Majesty of Heaven who I
45. Didn‟t most of the defendants oppose the war for which the Servicemembers
Civil Relief Act was amended? What is the difference between the soldier
fighting in a war far away from the home front, the policeman fighting crime in
collector keeping our cities sanitary? Aren‟t we all serving the United States of
America? Am I the only who saw the trick? While our attention was focused on
the warfront over there, they snuck their Trojan horse in through the back
door over here. Isn‟t that the true concept of open warfare? You distract the
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enemy by keeping him focused on other things while you sneak in the back
door and destroy the civilians within. It‟s not about the soldiers; war has never
been, nor will it ever be about fighting the soldiers. A soldier will pick up arms
in a heartbeat to defend the family, but kill the family and the soldier will lay
down his arms. I mean, what more does he have to fight for? Ever since 9/11,
the goal has been to destroy the American family. Which country can bring
America to its knees militarily? But you destroy the family base, and America
would crumble like a deck of cards. We got drawn into a false war which no one
can ever win. But the real war was never about bombs and bullets; it was
always about destroying the family and enslaving them through economics.
Dead people can‟t spend money. The World Trade Center? Two times? It is all
about trade. While we‟re on fool‟s errands overseas, the family is being
destroyed at home. These subprime loans are the ultimate Trojan Horse. The
war was all one big distraction; all part of the big scheme. Even the bailouts
were planned.
46. Which American note holder got to keep the billions of bailout money they got?
Let‟s tell the people the truth as to who really got the money. The American
banks were not losing money because they were not funding the loans. The
foreign investment firms were funding the loans; the American banks would
originate the loans then transfer the title over to the foreign investor.
Therefore, it is the foreign investor who suffers the loss, and so when they give
bailouts the American banks hand the taxpayers‟ money right over to their
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foreign bosses, and in return for treason, these CEOs are awarded their thirty
pieces of silver which they like to call bonuses. If these banks are losing so
many billions of dollars, how is it that they are still able to pay out such huge
bonuses? It is because they are not suffering any losses; the mortgages are secured
47. If you cannot test an enemy militarily, you use greed to bring them down economically.
Whose money has funded these subprime loans, and who holds the deeds to our properties?
Whose money has financed America‟s woes? It is not ours; the war made us broke,
remember?
48. That tactic reminds me of the Civil War; while the rebels went away to fight, they left their
families behind unprotected. Didn‟t Savannah and all of Georgia burn as a result? And
now, while they are distracted „over there,‟ the real terrorists are in our backyard stealing
our property. What can be more terrifying than losing one‟s family home? They did not
even have to fire a single shot or release a suitcase bomb. All they did was to march onto
Wall Street, pin blinders on the mules and hold out a carrot on a stick. Those greedy CEOs
followed that carrot to the precipice of, not theirs, but our own doom, then threw us over.
49. How much longer must the people lay down in the mud so others can safely cross over?
How much longer must the people trod on the winepress of Capitalism? They're going to
rebel! A great man once lamented, “Those who don‟t learn from history are bound to repeat
it!”
50. And this brings to mind a previous case I filed on this very same matter in Paul L. Muckle,
et. al., verses Fremont Investment & Loans, et. al. Civil action number 07-11437. In that
case, I filed a motion for injunctive relief asking the court to issue a preliminary injunction
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blocking all foreclosures in the country. The Court denied my motion. In his Memorandum
and Order, the court ruled, “Moreover, the Court cannot enter an injunction without first
providing the defendants an opportunity to respond because Muckle has not certified his
efforts to give notice to the defendants of his emergency relief or explain why such notice
should not be required.” To justify his ruling, the Court, appropriately following court‟s
protocol, relied on the federal Rules of Civil Procedure 65 (a) (1), (b) On Friday, April 10,
2009, I again went into the federal court to apprise the court of some very damaging
evidence of financial terrorism against our country, and the court told me that by law he is
not permitted to even look at the evidence without first giving the defense the liberty of a
response. And he was right; that is the law. The Honorable One was following the
Constitution that tells us no state shall make or enforce any law which shall
honorably granted them their „equal protection‟ rights. However, in state court, the
Street) get the liberty of the right to due process, but the American people just get dumped
51. Am I the only one who sees the gross disrespect and the dump on the Constitutional rights
of the American people? This is a people robbed and plundered! What were these housing
court judges thinking of by granting ex parte hearings for dispossession without granting
citizens their due process rights to a respond? Didn‟t the lender have to file a complaint for
foreclosure? The fact that I was allowed to discover the matter before the next 6 million
orders go out is sweet to the mouth, but the enormity of the situation, the fact that three to
four million hardworking Americans have already lost their home due to this gross
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violation of the U.S Constitution is bitter to the stomach. The people are in immense
danger! Over 10 million foreclosure notices expected; more than four million have already
gone out, and no one so much as even bat an eye to the fact that all those foreclosure
ORDERS violated the people‟s 14th Amendment rights. No one paid any attention. Wall
Street was not the only one drinking the punch of “reckless exuberance.”
52. And to add insult to injury, the predatory lending laws in each respective state, state “Any
provision of a high cost home mortgage loan that allows a party to require a borrower to
assert any claim or defense in a forum that is less convenient, more costly, or more dilatory
for the resolution of a dispute than a judicial forum established in the commonwealth where
the borrower may otherwise properly bring a claim or defense or limits in any way
any claim or defense the borrower may have is unconscionable and void.”
53. According to the state and federal predatory lending act, all 4 million or so
COURT issued foreclosure orders that have been signed throughout the entire
United States of America, are “unconscionable and void” because it does not
even allow the homeowner the right to contest the foreclosure. So why are
lenders still allowed to enforce them and why are American sheriffs pulling up
orders, forcing American residents out into the streets, packing up their
54. I have never been to law school, and I have no training in law, so maybe I‟m
misinterpreting the laws. Is this gross abuse and great disrespect a figment of
my imagination?
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55. Because all 4 million plus court issued foreclosure ORDERS that were issued in the last
years are unconscionable and void, it means that every American family who has lost their
home to foreclosure on those ORDERS have been illegally deprived of their property and
denied their due process rights under the 14th Amendment of the Constitution.
56. It is not so much that the enforcement of the rights to foreclosure violates the
people‟s rights, but rather that the lender has to seek a legal ORDER in an
American Court of Law before he can enforce those rights to foreclose, that is
have made, and the American courts of law are enforcing laws, abridging the
due process rights of the people to challenge the validity of the foreign entities
assertion of said legal rights to deprive of property, without due process. How
can anyone presiding in a court of law not recognize the violations here? I
57. But it does not even end on this issue; it gets worse. Have any of the
rate that increases 6 percent from the starting rate? If anyone in the
government knew the reason but kept silent, then that‟s treason.
58. Under the federal Regulation Z and the states‟ predatory lending laws, a “high
cost home mortgage loan” is defined as a home loan where the origination fees
paid to third parties exceed a certain threshold set by law. Under Regulation Z,
it was eight percent (later changed to five percent). Under the federal
Consumer Protection Act, all states must have predatory lending laws that
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conform to the federal standards; no state is allowed to set a higher threshold
than the federal‟s, however, some are exempted, and allowed to supersede the
federal law and set a lower threshold. Of the fifty states, only five sought
exemption to depart from the weaker federal law and enacted tougher laws to
protect their citizens. Massachusetts, which has the toughest predatory law in
the land, is one of five states exempted and was allowed to supersede the
federal law and set its threshold lower to five percent, making it harder for
really cared about its citizens when it enacted those tough laws in 2004.
59. Massachusetts then turned around and dropped the ball in 2005, and failed to
pick it back up in 2006. Should I keep silent for fear of giving offense? The
two brother‟s keeper. You know the saying, “If one of us crashes the bus, they
will accuse all of us of not knowing how to drive.” No one paid any attention
public.
60. Under federal and state predatory lending laws, a high cost home mortgage
lender meets certain requirements. If the origination fees of the loan exceed
the threshold set by law, the lender is required to send the consumer to
counseling so that the consumer may fully understand the terms of the high
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cost loan. All subprime loans in the nation where the interest rate is to be
adjusted more than 5 percent constitute an unlawful high cost home mortgage
loan. In this type of situation, by decree of federal and state lending laws, the
lender must then send the consumer to counseling and get a letter of
certification from the non-profit counselor stating that at the time of the
closing of the loan, the consumer “fully understands the features of the
mortgage loan.” Under that same law, if the lender cannot produce said
certificate certifying that the consumer fully understands the terms of the high
cost mortgage contract, then the terms of the contract are unenforceable. They
are null and void. This means, under the TILA, if the lender cannot produce
said certificate, then the lender cannot foreclose, nor can he collect any
61. But how can a citizen know if the origination fees have exceeded the 5%
threshold, because the lender will undoubtedly hide the fact? Well, the answer
mortgage loan with a teaser rate, and the interest is to be adjusted at least 5%
from the starting rate, then the loan is an unlawful high cost home mortgage
loan. All subprime loans have an adjustable rate interest that will adjust to
two years and 1.5% every six months thereafter. That 6% represents an
additional 6% in fees which the thieves have stolen from the equity of the
peoples‟ property than added on to the loan without the knowledge of the
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borrower. That 6% represents hidden fees above and beyond the 4% or so that
the borrower may be aware of, therefore most borrowers are charged at least
62. But how have the lenders done this and how have they been able to pull the
wool over our eyes? It‟s simple. They stole it and hid their crime in plain sight.
It all begins with the appraisal. For instant, on my adjustable rate mortgage
6% more, for an interest rate cap of 14.690%. Somehow I knew that that 6%
represented fraud, but I could not prove it until I demanded copies of my loan
fact that made my stomach churn: The lenders were taking out secret loans, up
to more than 6% of the loan amount from the equity in people‟s property. They
did it to everybody.
63. This is how it was done: After the loan is originated, the lender has to transfer
the loan to their bosses (the foreign investment firms on Wall Street). But
before the loan is to be traded on the world market, it has to be securitized and
bonded which means it has to have private mortgage insurance, bonded under
neither Wall Street nor the lender wants to foot the bill for this, so they charge
it to the borrower‟s account. Now, the premium for private mortgage insurance
is so high that if you added the premium to the other legally charged fees, it
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would carry the fees over the 5% threshold. In this situation, the lender would
not be able to sell the loan because it would be unlawful, so they came up with
an “in-your-face‟ solution; they decided to steal the money and hide the fee.
64. After the lender got the appraisal report on the property, they would send the
appraisal to “Review.” Now, the word “Review” would seem normal in real
estate transactions because the lender has to make sure that the appraisal
value was supported. But this was not the case in these subprime loans
because it was not normal business practice to give an adjustable rate loan to
anyone making under $10,000 a month after taxes. I typed “Review Appraisal”
fraudulently. If they did not cooperate, then they would not get any business.”
So I set out to prove this, and I did. I found the proof in the lender‟s
underwriting policy.
For SG Mortgage Assets Back Securities. Series 2006 Fre-2 and 2006-OPT-2
Underwriting Policies
The level of review by the Affiliated Seller, if any, will vary depending on several factors. The depositor or
the Affiliated Seller will typically arrange for a review of a sample of the mortgage loans for conformity
with the applicable underwriting standards and to assess the likelihood of repayment of the mortgage loan
from the various sources for such repayment, including the mortgagor, the mortgaged property, and primary
mortgage insurance, if any. Such underwriting reviews will generally not be conducted with respect to any
individual mortgage pool related to a series of securities. Such review, with respect to seasoned mortgage
loans or mortgage loans that have been outstanding for more than 12 months, may also take into
consideration the mortgagor‟s actual payment history in assessing a mortgagor‟s current ability to make
payments on the mortgage loan. In addition, procedures may be conducted to assess the current value of
the mortgaged properties. Those procedures may consist of drive-by appraisals, automated valuations
and/or real estate broker’s price opinions. The depositor or the Affiliated Seller may also consider a
specific area’s housing value trends. These alternative valuation methods may not be as reliable as the
type of mortgagor financial information or appraisals that are typically obtained at origination.
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In certain instances, the LTV ratio or CLTV ratio may have been based on the appraised value as indicated
on a review appraisal conducted by the mortgage collateral seller or originator.
65. The appraisal value of my property was only the total loan amount of
the piggy-back loan which means the lender can only consider the 80% or
$263,920 value to which this loan corresponds. The lender could not steal
anything out of the property, so what they did was send the appraisal to
review. The reviewer would inflate the appraisal value based on a real estate
broker‟s price opinions, and up to 6% above and beyond the loan amount would be
added. The lender would then steal that phantom 6% equity from the property
and turn it into cash. This cash is then used to securitized the loan and pay for
private mortgage insurance. This very same 6% theft is then credited to the
consumer‟s account. The only thing is that the consumer does not have to pay it
right away since it would raise too many eyebrows, so the robbery is delayed
66. That is why we have adjustable rate mortgages that adjust 6% above the
states, “MAX SLR CREDIT 6%.” Line number 8 at the very bottom of the
Now, to anyone, “Seller” would seem to refer to the seller of the home giving
the buyer up to 6% to help pay for closing costs, but what seller would give up
29
cost cannot exceed 5%, so the 6% to which the interest rate would be adjusted
should have been the dead giveaway to the regulators had they been doing
their job. The “Seller” referred to here is not the seller of the property, but the
“Seller” on Wall Street; the one who funds the loans and who is responsible for
securitizing them for sale on the world‟s market. The investment firm is the
“Seller.”
30
Exhibit B
31
67. So there we have in plain English, the originator granting the 6% credit to the
Seller on Wall Street, for the “Seller” to use to securitize the loan. There is
68. On line 5 at the very bottom of the next document, the “MAX SLR CREDIT
69. At the very top, line 1, it tells of the appraisal being sent to review and states,
Now a question that can be raised here is, if the appraisal is already picked
interpret that to mean that it is not the document itself that is “n/a” (not
on the document that are not applicable. To me, this is clearly stating that the
$329,900 is not applicable; they had to increase the value. This looks like
32
Exhibit C
33
71. Now to prove that the appraisal was inflated and that the “n/a” referred to on
line 10 of the preceding document was meant to throw us off, I introduce the
REVIEW APPRAISAL.” Now the fact that I was charged $300 for the original
appraisal and another $300 for the “review” appraisal would suggest some type
34
Exhibit D
35
72. I paid an additional $300 for that? But to sink the nail in the coffin of the issue
that all lenders were inflating the appraisal value of properties in America so
that they could fraudulently drive up the market, I will introduce documents
charged $450 for appraisal fees (at the very top of this document at the second
line). But the seventh line of this same document shows that Robin is again
charged $175 for an “APPRAISAL REVIEW FEE.” So, like me, Robin Reed,
who had a totally different lender and broker than I, is charged two appraisal
36
Exhibit E
37
73. So now that we see different lenders with different brokers sending appraisals
to “review” and charging borrowers twice, that should raise a lot of suspicion as
74. Now I introduce a page from an appraisal from a totally different lender and
document, Robert Brown‟s house has three extra bedrooms and other rooms,
but I‟ve been to see Mr. Brown‟s house; it is not outlined as the appraisal
states. The appraisal also has three extra bedrooms in the back that did not
exist; they were porches, and one of the apartments is drawn wrong to include
an extra bedroom room that does not exist at all. (See Exhibit F.)
38
Exhibit F
39
75. This evidence shows that different lenders were sending appraisals to
“review” and charging the homeowner extra. Now I will show you how they did
76. On Exhibit G, I discovered that the lender had secretly taken out a “New Loan”
Loan Disbursement sheet, it tells a horrible tale of mortgage fraud that will
send shockwaves throughout the industry and will be felt all the way in
London, because it affects their economy too. These worthless mortgages are
attached to an index based on the London Libor; they were gambling with the
77. On this document, at the very top, it clearly states that the loan amount is
$263,920. However, if you look at the very bottom at the right side it states
78. First of all, I paid all the closing cost out of my pocket in cash. It cost me
79. So now let‟s break down this $279,134.10 credit that was given us, even though
we borrowed only $263,920. To get the accurate percentage you will need a
mortgage calculator, but if you do not have one, then all you have to do is
round off the percentage to the highest whole number; that‟s how it‟s done.
Starting at the top of the New Loan Disbursement sheet, the FASB ORIG
40
LOAN FEES are $6,279.56. Adding the $55.50 for title insurance and other
80. Further down is “FASB COSTS.” FASB COST is the cost of securitizing the
loan. When the investor on Wall Street purchases a loan from a lender, the
investor must report the amount of money he paid for the loan and the amount
of money it took to securitize the loan for sale on Wall Street. The FASB COST
81. “PREPAID INTEREST” is recorded as $1,696.41, and across from that that it
says “INTEREST DUE BROKER PREMIUM PAID $3,958.” But the problem
here is that I had already paid the broker $6,240 in upfront cash, so this
payment to the broker, which represents 1.5% of the loan amount, had already
been added onto the interest rate of the loan. The original interest rate was
7.19%, but the broker‟s illegal kickback of $3,958.80 or 1.5% was added to give
me a starting interest rate of 8.690%. This is what they did to everyone; they
charged everyone a yield spread premium or YSP (illegal kickback) and pay it
to the broker for the referral, then that 1.5% is added on to the starting
82. The investor puts up the money and the lender hires the local mortgage
brokers and offers them 1.5% of the loan to refer the borrower and to gather
the necessary information. The lender, who is the master broker, then pays the
local broker his cut of 1.5% ($3,958.80) and adds it to the interest rate of the
41
loan. So the original interest was 7.19%, then they add 1.5% and now I have a
starting interest rate of 8.60%. (Remember I had already paid the broker over
$6,200 in out of pocket cash). The master broker, who is the lender, then
commits the mortgage fraud and transfers this fraud to the investor on Wall
Street. In return for originating the loan, the investor then pays the lenders‟
loan officers their share of the illegal kickback, in my case $9,939.38, and the
bank itself gets a cut from the interest of the loan after the investor securitizes
them and sells them on the market. (These lenders are lying about losses and
receiving bailouts, when they did not even use their own money to fund the
loans. It is the investors who are suffering the losses, so when the banks apply
for the bailout, they have to hand it over to the investors. That was a part of
83. I thought I should get that issue out of the way, so now, let‟s turn back to the
SECTION B at the left hand side, it tells us how much it cost the seller on Wall
Street to acquire the loan from the lender; the amount is $9,939.38. This
money is supposed to be the FNMA or Fannie May fee, cost for originating the
loan, but this is a double charge so it cannot be counted as a FNMA fee, but
how did they arrive at this figure if at the top it only says $6,279.58 plus
$55.50, for a total of $6,335.08? I suspected that they had hidden these fees so
I went searching and found that the local broker‟s illegal kickback of $3,958.80
is not even included; it would carry the amount over the $9,939.38, so that‟s
42
when I began to explore further. I added the $6,279.58 plus the $55.50 to the
prepaid interest of $1,696.41 for a grand total of only $8,031.49. This did not
justify the fee so I then subtracted the actual loan amount of $263,920 from the
balance of $1,907.89 and added it to the grand total of $8,031.49 and I got a
grand total of $9,939.39. That is how they hide the fees; they stick them in
unusual places.
84. So there we have so far, the stealing of $9,939.36, but further down they add
grand total of $21,549.18. Then at the bottom on the left it says TOTAL
CREDIT = $279,134.10. But here is where they pulled the wool over the
government‟s eyes because they have to file these figures with the government.
If you add the $21,549.18 to the loan amount of $263,920, you will get a total
85. The right side of this document states that the total amount wired to the
closing attorney was $265,827.89. Add that amount to the securitization cost
(FASB 91 COST of $11,609.80), and you get the total of $277,437.69, but the
took me a while but I finally found it hidden on another form, even though the
the acquisition cost, they still went and charged me the very same prepaid
43
prepaid interest amount of $1,696.41, you will get the total credit of
86. So now we see how they came up with the total credit of $279,134.10, let‟s
figure out how this factored into the 6% that would be attached to the interest
rate of the loan to make it an Adjustable Rate Mortgage loan. If you take that
$279,134.10 credit and subtract the actual loan amount of $263,920 from it,
87. Now this is how you get the percentage of the loan amount: Using a mortgage
$263,920, is 0.06. If you use a regular calculator, you will get 5.79%, but a
mortgage calculator would round that off to the nearest whole number of 6%.
88. That 6% which the lender steals from the equity of the people‟s property by
fraudulently inflating the appraisal, is used to securitize the loan for the
benefit of the foreign investor. Then to add “in your face insult” to injury, they
add that very same stolen equity as a 6% interest to the loan, and we have
ourselves a beautiful cuddly mortgage loan I like to call Gizmo; some called it
“The American Dream.” But Gizmo has to be fed. Little did we know that in
two years our cute little Gizmos would spawn other tiny creatures which would
89. Americans were forced into financing our own downfall while at the same time
protecting the foreign investors from loss. This is what‟s been going on in our
44
Exhibit G
45
90. “We did not take out any new loan so why is there a “New Loan
plus the local broker illegal kickback of $3,958.80 is not even added in the
$15,214.10 overage. If you add those figures you would get an additional
$13,898.18, then add that figure to the 6% of $15,214.10 you will get a grand
total of $29,112.28, the percentage of that figure compare to the loan amount of
$263,920 is 11%, add that 11% to the 4% plus I was charged in upfront cash,
and I was charged over 15% in origination fees. Three times above the legal
the loan. My property was negative $29,112.28 before I even moved in. This is
what‟s happening in our country, and no one was paying any attention. I
wonder who was drinking more of the rum punch, Wall Street or the
regulators?
91. On the next document (Exhibit H) from Robin Reed, the closing attorney was
(See Exhibit H at the bottom of the document just above where it states, “Title
Insurance Requirement.”)
92. They did not even want to pay to bond and securitize their own loans. Last
time I checked with Robin she was having problems with her loan.
46
Exhibit H
47
93. I have the files of some of the investment firms and I will discuss two. On one
portfolio, the SG Mortgage 2006 Fre-2 Series, of which my own loan is a part,
has 8,112 family homes, while the OPT-2 Series has 3,486 homes. The
“appraisal type” of 95% of those loans is 2. That 2 stands for “Review.” They
had to do this in order to keep track of which loan had an inflated appraisal.
By trying to keep track, they gave themselves away. The two list total over
500 pages of account numbers and addresses spread across the country, as
tempting as it is, I won‟t attach them, but I have attached two pages for
demonstration and will present the rest at the hearing. A family home in every
loan_id MI Flag Index type Subsequent Adj Period Appraisal Type Actual Balance
Next Due Date
-------------------------------------------------------------------------------------------------------
------------------
48
1000314674 No MI Product 6 mo Libor 6 months 2
305,765.50 7/1/2006
1000314678 No MI Product 6 mo Libor 6 months 2
341,880.31 7/1/2006
1000314690 No MI Product 6 mo Libor 6 months 2
1000314697 No MI Product 6 mo Libor 6 months 2
359,200.00 7/1/2006
1000314708 No MI Product 6 mo Libor 6 months 2
279,692.33 7/1/2006
1000314711 No MI Product 6 mo Libor 6 months 2
299,783.27 8/1/2006
1000314714 No MI Product 6 mo Libor 6 months 2
208,852.79 6/1/2006
1000314715 No MI Product 6 mo Libor 6 months 2
314,275.76 7/1/2006
1000314721 No MI Product 2
90,670.61 7/1/2006
1000314739 No MI Product 6 mo Libor 6 months 2
71,927.38 7/1/2006
1000314743 No MI Product 6 mo Libor 6 months 2
254,400.00 8/1/2006
1000314744 No MI Product 2
28,262.12 8/1/2006
1000314749 No MI Product 6 mo Libor 6 months 2
141,696.35 7/1/2006
1000314766 No MI Product 6 mo Libor 6 months 2
310,226.66 7/1/2006
1000314769 No MI Product 2
88,956.50 7/1/2006
1000314772 No MI Product 6 mo Libor 6 months 2
301,491.00 8/1/2006
1000314776 No MI Product 2
64,739.92 7/1/2006
1000314785 No MI Product 6 mo Libor 6 months 2
179,767.29 7/1/2006
1000314809 No MI Product 6 mo Libor 6 months 2
242,879.23 7/1/2006
1000314830 No MI Product 2
96,927.82 7/1/2006
1000314839 No MI Product 6 mo Libor 6 months 2
258,000.00 7/1/2006
1000314851 No MI Product 6 mo Libor 6 months 2
167,876.91 7/1/2006
1000314854 No MI Product 2
167,890.10 8/1/2006
1000314861 No MI Product 2
199,690.10 7/1/2006
1000314863 No MI Product 6 mo Libor 6 months 2
185,110.62 7/1/2006
1000314868 No MI Product 6 mo Libor 6 months 2
215,665.43 7/1/2006
1000314870 No MI Product 2
77,532.60 7/1/2006
1000314871 No MI Product 2
1000314882 No MI Product 6 mo Libor 6 months 2
8000087928 No MI Product 6 mo Libor 6 months 2
8000087938 No MI Product 2
109,946.46 8/1/2006
8000087945 No MI Product 6 mo Libor 6 months 2
394,716.75 8/1/2006
8000087949 No MI Product 6 mo Libor 6 months 2
254,233.60 7/1/2006
8000087952 No MI Product 6 mo Libor 6 months 2
147,468.97 7/1/2006
8000087955 No MI Product 6 mo Libor 6 months 2
157,398.53 7/1/2006
8000087956 No MI Product 6 mo Libor 6 months 2
279,868.79 7/1/2006
8000087962 No MI Product 6 mo Libor 6 months 2
429,378.69 7/1/2006
8000087969 No MI Product 6 mo Libor 6 months 2
74,897.98 7/1/2006
8000087985 No MI Product 6 mo Libor 6 months 2
168,303.38 7/1/2006
8000088000 No MI Product 6 mo Libor 6 months 2
78,106.68 7/1/2006
49
94. The evidence shows that different lenders and property appraisers throughout
the United States were fraudulently inflating the value of real estate;
fraudulently raising the value and driving up the market, sending people
scrambling to buy and refinance; weaving the people into this Great Web of
Deceit, all the while stealing the nonexistent equity and holding out for future
payments as compensation.
95. A question that can be asked here is, “If someone is fraudulently inflating the
value of real estate, fraudulent inflating the market, and sucking out what
little equity that is left in it, what would happen when it reaches a certain
peak and there is really no equity in the properties to support it and allow for
refinancing?” Of course, it‟s going to crash. The market will collapse because
they filled it up with helium then sucked it out and replaced it with carbon
monoxide. Every day the bucket goes to the well, one day the bottom will fall
out. And that is what‟s happening now; the bottom has fallen out of the
96. Investors had a 50-state strategy in each individual mortgage portfolio. Under
loan, it means that all 50 states would suffer at once when they raise the
50
Exhibit I, Page 1/2
Geographic Distribution
% of Principal
Number of Balance as of
Geographic Mortgage Principal Balance as the Cut-off Weighted Average Weighted Average Weighted Average
Distribution Loans of the Cut-off Date Date Mortgage Rates FICO Original CLTV
Alaska 3 $ 522,705 0.03% 9.058% 542 78.48%
Arizona 213 42,014,353 2.32 8.588% 603 80.06%
Arkansas 4 898,906 0.05 7.760% 638 82.59%
California 1,444 463,193,432 25.59 8.181% 636 81.33%
Colorado 141 20,737,389 1.15 8.127% 625 83.27%
Connecticut 148 32,445,739 1.79 8.760% 606 78.80%
Delaware 45 7,239,430 0.40 8.812% 600 81.35%
District of
Columbia 52 16,131,464 0.89 8.556% 633 80.97%
Florida 1,518 287,257,635 15.87 8.560% 620 80.72%
Georgia 299 40,535,257 2.24 8.574% 627 83.96%
Hawaii 90 31,122,341 1.72 7.937% 663 80.66%
Idaho 27 4,563,098 0.25 8.414% 608 81.50%
Illinois 460 76,746,757 4.24 8.799% 629 82.73%
Indiana 39 3,363,880 0.19 8.885% 612 85.45%
Iowa 3 201,549 0.01 10.125% 578 89.58%
Kansas 8 739,067 0.04 8.750% 616 86.52%
Kentucky 4 332,144 0.02 9.905% 593 87.91%
Maine 11 2,027,625 0.11 8.671% 614 80.68%
Maryland 547 127,356,226 7.04 8.412% 623 81.69%
Massachusetts 222 52,316,066 2.89 8.465% 633 81.14%
Michigan 143 16,834,636 0.93 9.049% 615 83.24%
Minnesota 143 22,915,250 1.27 8.467% 627 83.49%
Missouri 49 6,809,215 0.38 9.081% 605 83.05%
Nebraska 4 312,159 0.02 9.357% 572 88.12%
Nevada 114 28,271,566 1.56 8.258% 626 80.57%
New Hampshire 33 5,483,798 0.30 8.707% 599 78.52%
New Jersey 479 122,800,314 6.78 8.717% 620 80.14%
New Mexico 21 3,498,769 0.19 8.657% 608 83.16%
New York 592 181,102,284 10.01 8.242% 644 80.64%
North Carolina 110 12,545,251 0.69 8.775% 606 82.28%
Ohio 90 11,263,931 0.62 8.475% 610 85.79%
Oklahoma 9 1,201,562 0.07 8.859% 589 82.61%
51
Exhibit I, Page 2/2
A-I-9
Number
of % of Principal
Mortgag Principal Balance a Balance as of
Geographic Distribution e s the Cut-off Weighted Average Weighted Average Weighted Average
(cont’d) Loans of the Cut-off Date Date Mortgage Rates FICO Original CLTV
Oregon
56 $ 9,614,073 0.53% 8.321% 624 81.68%
Pennsylvania
139 19,506,890 1.08 9.131% 599 80.64%
Rhode Island
32 6,828,347 0.38 8.830% 599 76.79%
South Carolina
64 9,731,438 0.54 8.470% 615 82.15%
Tennessee
38 4,571,338 0.25 8.794% 592 82.52%
Texas
188 25,609,900 1.41 8.545% 636 82.19%
Utah
28 5,201,483 0.29 8.362% 615 83.78%
Vermont
7 1,278,228 0.07 8.805% 629 83.60%
Virginia
311 74,366,783 4.11 8.481% 627 81.21%
Washington
93 19,426,527 1.07 8.307% 618 82.20%
West Virginia
13 1,382,150 0.08 8.119% 612 80.17%
Wisconsin
76 9,412,599 0.52 8.839% 619 86.21%
Wyoming
2 229,823 0.01 7.680% 650 84.00%
Total/Weighted 1,809,943,3
Average: 8,112 $ 74 100.00% 8.432% 627 81.27%
A-I-10
52
97. It is indisputable that the financial crisis that the American people are
suffering from is a direct result of the gross mortgage and securities fraud
perpetrated by the investment firms on Wall Street against the people of the
98. So to make the point clear: They tell homeowners not to worry about the
interest rate being raised in two years because, „Oh, the market it so hot, you
can refinance anytime before they raise your payment. This is a good deal man,
low interest rate. Take it! Take it! You can just refinance before they raise your
payment.‟ But they had already fraudulently inflated the value of millions of
American homes, cashed out at the nonexistent equity and used it to protect
themselves from loss. Then they had the audacity to attach the 6% to the
interest rate of the loan and increase the monthly payments to compensate for
the 6% theft because they are “not to be of any expense in this transaction.”
The consumer cannot afford to make the increased monthly payments, so they
run back to the broker for help to refinance out of that loan.
99. But those who had promised to help us get refinancing are nowhere to be
found; they don‟t even return phone calls. It was a tragic day when millions of
Americans learned that they really had upside down mortgages because their
100. As if the stealing of our equity was not enough, they took it further; they did
not even consider the borrower‟s ability to repay the loan when the interest
rate is adjusted to the 6%. The federal Truth In Lending Laws Regulation Z
53
and all the states‟ predatory lending laws prohibits the use of the appraisal
creditor extending mortgage credit subject to § 226.32 [high cost loans] shall
not extend credit to a consumer based on the value of the consumer's collateral
obligations.”
101. However, despite this stern forbiddance by both federal and state lending
laws, investors on Wall Street were still granting homeowners loans based
strictly on the inflated value of the property. Below is an excerpt from the SG
Mortgage Fre-2 Series, which is identical to the language of the OPT-2 series.
For the past two years, I have inspected about a hundred different portfolios
with millions of American family homes, and they all have the very same
underwriting policies. They had a central figure writing these portfolios. All
Underwriting Policies
General Standards
As described in the accompanying prospectus supplement, some mortgage loans may have been originated
under “limited documentation,” “stated documentation” or “no documentation” programs that require less
documentation and verification than do traditional “full documentation” programs. Under a limited
documentation, stated documentation or no documentation program, minimal investigation into the
mortgagor’s credit history and income profile is undertaken by the originator and the underwriting may
be based primarily or entirely on an appraisal of the mortgaged property and the LTV ratio at
origination. The adequacy of a mortgaged property as security for repayment of the related mortgage loan will
54
typically have been determined by an appraisal or an automated valuation, as described above under “—Loan-to-
Value Ratio.”
102. So right there in plain sight for the entire world to see, these investors
were blatantly violating the laws and basing their decision to grant a loan
entirely on the inflated value of the property. They were not concerned about
the borrowers‟ income or their ability to repay, because they had the value of
the property. But it does not end there. Below are more “in-your-face”
violations.
Underwriting Policies
General Standards
-14-
. In certain instances, the LTV ratio or CLTV ratio may have been based on the appraised value as indicated on a
review appraisal conducted by the mortgage collateral seller or originator.
The underwriting standards applied by an originator typically require that the underwriting officers of the
originator be satisfied that the value of the property being financed, as indicated by an appraisal or other acceptable
valuation method as described below, currently supports and is anticipated to support in the future the outstanding
loan balance. In fact, some states where the mortgaged properties may be located have “anti-deficiency” laws
requiring, in general, that lenders providing credit on single family property look solely to the property for
repayment in the event of foreclosure. See “Certain Legal Aspects of Mortgage Loans and Contracts.” Any of these
factors could change nationwide or merely could affect a locality or region in which all or some of the mortgaged
properties are located. However, declining values of real estate, as experienced periodically in certain regions, or
increases in the principal balances of some mortgage loans, such as GPM Loans and negative amortization ARM
loans, could cause the principal balance of some or all of these mortgage loans to exceed the value of the mortgaged
properties.
Based on the data provided in the application and certain verifications, if required, and the appraisal or other
valuation of the mortgaged property, a determination will have been made by the original lender that the
mortgagor‟s monthly income would be sufficient to enable the mortgagor to meet its monthly obligations on the
mortgage loan and other expenses related to the property. Examples of other expenses include property taxes, utility
costs, standard hazard and primary mortgage insurance, maintenance fees and other levies assessed by a
Cooperative, if applicable, and other fixed obligations other than housing expenses including, in the case of junior
mortgage loans, payments required to be made on any senior mortgage. The originator’s guidelines for mortgage
loans will, in most cases, specify that scheduled payments on a mortgage loan during the first year of its term
plus taxes and insurance, including primary mortgage insurance, and all scheduled payments on obligations that
extend beyond one year, including those mentioned above and other fixed obligations, would equal no more than
55
specified percentages of the prospective mortgagor‟s gross income. The originator may also consider the amount
of liquid assets available to the mortgagor after origination.
103. The lenders were not concerned about borrowers‟ ability to repay the
loan, but they had to make it look good just in case anyone in the government
finally awoke from their sleepless slumber and started looking, so they created
that borrowers were falsifying their own income, I will dispel that notion right
now and prove that it was the master brokers, the lenders themselves, who
were doing the falsification behind the borrower‟s back. I will prove that
104. At the time when I applied for my mortgage loan, I reported that my income
was $4,000, but my credit scores were not high enough so they told me that I
was not employed; she was collecting social security benefits, but they said it
was a no documentation loan so they did not need any income or anything from
105. But after my loan went into default and I filed suit against my lender, I
demanded that they turn over all the documents that were used in the
origination of the loan. It was then that I was convinced that this had to be the
largest financial rip-off scheme ever known to man. Every single document was
a forgery.
56
106. It was after receiving those documents that I realized why they called
subprime loans “No Documentation” Loans; the lenders were making up their
107. As stated before, my mom, Irene Wood, was my co-signer. She had no
around $458 per month. However, according to the “Fremont Investment &
employed and making $8,841, per month. It also states that my mom‟s total
debt was $3,242, with a debt ratio of 32.670. The document is signed by the
57
Exhibit J
58
108. That document also clearly states that my mom‟s total debt is $3,242;
however, the underwriter had my mom‟s credit report before them, and they
sent it to me. At the top of this document it clearly states that the credit report
was prepared for Fremont Investment & Loan. The credit report also clearly
states that my mom‟s total debt was $22,175, not $3,242. (See Exhibit K.)
59
Exhibit K
60
109. However, it does not end there. Fremont knew that my mom was unemployed
and that she was collecting pension because they had her credit report right in
front of them that clearly states that my mom was getting a pension and that
her employment was unknown. This is page 4 of the actual credit report the
underwriter used, again you will see Fremont name on there, and the
They sent me this credit report also, producing the proof against themselves.
61
Exhibit L
62
110. The underwriter had the credit report before them which shows that my mom
was unemployed and collecting Social Security benefits. They also knew that
her debt was $22,175, but to cover them in case someone started asking
manager working at that position for 5 years. Then they made up an income
verification form to show that my mom is employed. They then put that form in
my mom‟s portfolio. Note that the form is not signed by any employer;
therefore, it was not even verified. It was never even mailed out for the
63
Exhibit M
64
111. But it does not end there; they asked us to open an account and to deposit
them with the account number so they could verify it. We opened a checking
account with $7,000 then called and gave them the account number. They said
they would verify the account. Exhibit N is the “Request for Verification of
Deposit” that the lender attached to my mom‟s portfolio. A quarter of the way
down on the left, it says that the account has a balance of $20,000. But in the
$18,500. On the same line it says that the account was opened on 4-1-05. The
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Exhibit N
66
112. Keeping in mind that that their verification of deposit form states that the
account was opened on 4-1-05 with a balance of $19,626 and that it was
story. Exhibit O, which is the true bank statement, clearly states that the
account was opened on 5-2-06 not 4-1-05 as stated by the underwriter. This
document also clearly states that on that day (5-1-06), we made a deposit of
113. Compare the two documents and you will see that the account numbers are
the same. I went to Citizen Bank to investigate, and they said they never even
got the document; it was a total fabrication. What they did was probably called,
got the name of the customer service representative, and then signed her name
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Exhibit O
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114. As is totally clear from those documents, it was the lenders, not the
borrowers who were creating all these falsities to qualify borrowers for a loan.
To cover themselves, during the closing lenders were slipping new loan
applications with the fraud on it into the loan documents and tricking borrows
the fraud and the lender would get away with fraud.
115. And it was not only us that they did this too; they did it to every single
will prove it. There are 8,112 family homes in the SG Mortgage Fr-2 series
portfolio. Exhibit P clearly states that of that amount, 3,705 were “stated
loans. But look how many borrows on this single portfolio did not have to
produce documents. Now a question to be asked is, if they did this to Muckle‟s
loan, what did they do to the other 8,111 loans in this portfolio, and what did
documentation” mentioned, all subprime loans were “no docs” loans. I have a
list of over 12,000 borrowers including their account numbers and their
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Exhibit P
SG Mortgage series 2006-Fre-2
Documentation Type
% of Principal
Number of Balance as of
Mortgage Principal Balance as the Cut-off Weighted Average Weighted Average Weighted Average
Documentation Type Loans of the Cut-off Date Date Mortgage Rates FICO Original CLTV
Full Documentation 4,372 $ 905,281,033 50.02% 8.078% 619 82.27%
Stated Documentation 3,705 893,588,200 49.37 8.791% 636 80.21%
Limited Documentation 35 11,074,140 0.61 8.460% 605 84.51%
A-I-12
116. I also have the actual loan applications of several different borrowers,
originated by different lenders and all of the loan applications have the income
falsified. The lenders were creating their own ideal borrowers and they were
not worried about the borrower‟s ability to repay because they had already
stolen the equity out to pay for private mortgage insurance to protect them
against the loss which they knew was coming. They thought they had the
greatest plan on earth. They might have gotten away with it, too, had they not
117. On exhibit Q, like every other 10 million subprime borrowers, Robin Reed is
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118. Like me, Robin was never aware that she had signed a loan application with
the space for income left blank. If you notice at the bottom of the document,
part lV “Employment Information,” Robin Reed has 3 years on the job. Then
right under that, it again mentions her 3 years of employment. However, in the
second space for employment history there is a space for the amount of
monthly income. One space back up you can see where the fraud came in.
Where they should have placed Robin‟s income, they filled it in with “yrs
employed in this line of work/profession, then filled it in with 3. They left the
119. If you notice this broker is Nationwide Equity, a totally different lender from
mine. I had Fremont. They tricked their borrowers into signing loan
applications with blank spaces so that they can go in and fix the income as
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Exhibit Q
72
120. Exhibit R is from another borrower, Michael Lieb. Michael‟s loan
application is identical to Robin‟s. They were both tricked into signing loan
applications were the space for the monthly income was filled in so that the
income could not be placed there. Like Robin and me, they were not concerned
America and the lender is New Century, and the investor is Deutsche Bank.
So far I have shown three different lenders and three different mortgage
brokers, with three different investors, all committing fraud with different
borrowers. What did they do to the other 10 million borrowers? (See Exhibit
R.)
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Exhibit R
74
122. By the time Michael found out that the attorney he had hired to represent
him at the closing had been recommended to him by the broker and was in
cahoots with the broker, it was too late; the sheriffs were escorting him and his
belongings out into the streets. He was evicted by decree of an American judge
123. If the housing court had only given Michael his constitutional rights to due
process, and had it adhered to the state‟s predatory lending laws instead of
granting the vulture a one-sided hearing, maybe they would have found out
that Michael‟s income had been falsified by the lender, and that his appraisal
had been inflated. Then maybe an alarm bell would have gone off and 4 million
families may not have lost their homes to this grossly “in-your-face” fraud. (See
Exhibit S.)
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Exhibit S
76
124. Between December 31, 2009, and March 31, 2006, according to Fremont, they
had 6,067 foreclosures and bankruptcies. I do not have the figures for between
March 2006 and April 20, 2009, but it must be more than double that, as
Fremont was named one of the top five subprime lenders in the country. How
many more of the 114,929 loans originated by March 31 and the more than
16,000 originated by April 17, 2007, are in foreclosure or have been foreclosed
on? I would bet that the numbers are more than 70, 0000.
Servicing
Fremont has been servicing sub-prime mortgage loans since 1994 through its nationwide servicing operation,
currently located in Ontario, California. As of March 31, 2006, Fremont was servicing 114,929 sub-prime residential
mortgage loans with a total principal balance of approximately $23.178 billion.
(Combined Loans Held for Sale, Interim Serviced, Held for Investment and Securitized)
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125. Between the month of March 2008 and May 2008, SG Mortgage raised the
interest rate on 5,876 family homes in the Trust Series 2006-fre-2. Fremont,
and the top five predatory lenders originated all of these loans. All of these
loans have 6% unlawful fees attached to them. How many have inflated
income?
126. I have two documents showing the impact on family homes; one will be
submitted with the compliant and one will be submitted at the hearing. On
the document, the Series 2006 OPT-2, SG Mortgage also raised the interest
rate on 3,189 family homes for a total of 9,065 family homes on just these two
portfolios.
A-I-19
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127. If anyone is interested in knowing why the market collapsed on September
15, 2008, all they have to do is take a look at the following documents. This is
the type of payments the investors were paying out on securities attached to
holders raised the interest rates on several thousand American Family homes,
knowing that borrowers could not afford to make the increased payment
because they had falsified the income of their borrowers. From the evidence,
we see that all the subprime loans with an adjustable rate interest are
unlawful. Put those combinations together and we have a recipe for disaster.
The “Swap Notional Amount” with respect to each Distribution Date commencing in August 2006, is set
forth below (which will be substantially the same schedule as set forth in the Interest Rate Swap Agreement). The
Interest Rate Swap Agreement will terminate immediately following the Distribution Date in July 2011, unless
terminated earlier upon the occurrence of a Swap Default, an Early Termination Event or an Additional Termination
Event (each as defined below).
Swap Notional
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February 2008 1,086,817,200.23
March 2008 1,022,652,186.11
April 2008 962,459,123.44
May 2008 905,973,035.45
June 2008 852,933,042.75
July 2008 803,203,916.10
August 2008 453,917,305.59
September 2008 427,629,086.18
October 2008 402,949,541.45
November 2008 379,753,147.03
December 2008 357,889,459.48
January 2009 345,522,433.47
February 2009 333,593,841.50
March 2009 322,082,794.74
April 2009 310,974,355.83
May 2009 300,254,140.30
June 2009 289,908,376.41
July 2009 279,924,235.92
August 2009 270,288,203.53
September 2009 260,987,905.07
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128. But to make matters worse, over 10 million subprime garbage were attached
to tradable securities tied directly to the performance of the U.S. dollar. With
respect to the adjustable rate mortgage loans, the Index is the average of
interbank offered rates for six-month U.S. dollar deposits in the London
day specified in the related note as published in the Western Edition of The
129. There are over 10 million subprime loans with interest rates tied directly to
the U.S. dollar. Now a question to be asked here is, if the lenders and investors
were purposely falsifying the income of their borrowers, and if they were
fraudulently inflating the value of property and cashing out the non-existent
equity, what would happen when they raise the interest rate and borrowers
individuals who were conned into buying up the worthless securities tied to
130. Illustration: I deposit a check for $100 in a checking account and I write
someone a check for that $100. Before the person could cash the check, I went
and withdrew $99. What would happen when that person tries to cash the
check? The check is going to bounce. That is what happened on September 15,
2008. They raised the interest rate of several thousand family homes
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throughout the U.S., knowing that the borrower could not pay, nor could they
refinance out because of the negative equity. And so the payments on the
tradable securities bounced and guess who had to step in to bail out the
131. It was all a great big plan to destroy the U.S. economy. These foreign
investors were gambling with the U.S. economy, but they did not even give it a
chance to play out, because they had made sure that the borrower could not
pay, and they had made sure that they could not refinance out of the loan, and
they had falsely inflated the value of the collateral. The U.S Dollar deposit in
the London Libor did not stand a chance. Over 10 million fraudulent loans
with an index based on the U.S. and British economy, and now we know why
there‟s a global recession. They planted a Trojan Horse on the U.S. and British
economy. This was not for profit; this was simply to destroy two nations
132. And then the bailouts. What a tragedy. That was all part of the plan. But it
does not end there. Exhibit T should send chills down the spines of everyone.
According to the next document, no one, not even the SEC who was supposed
to be keeping watch, was paying attention nor did they approve of trillions of
The SEC did not even so much as bat an eye. And people are wondering how
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Exhibit T
Prospectus
The depositor may periodically form separate trusts to issue securities in series, secured by assets of that trust.
Offered Securities The securities in a series will consist of certificates or notes representing interests in a trust
and will be paid only from the assets of that trust. The securities will not represent interests
in or obligations of SG Mortgage Securities, LLC, SG Mortgage Finance Corp. or any of
their affiliates. Each series may include multiple classes of securities with differing payment
terms and priorities. Credit enhancement will be provided for all offered securities.
• mortgage loans, which may include home equity loans, or manufactured housing
conditional sales contracts or installment loan agreements secured by first or junior liens on
one- to four-family residential properties; and/or
Neither the Securities and Exchange Commission nor any state securities commission has approved
or disapproved of these securities or determined that this prospectus is accurate or complete. Any
representation to the contrary is a criminal offense.
July 5, 2006
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133. It is also indisputable that the American government, against the expressed
views of the majority of the people, has knowingly and intentionally taken
the money of the people of the United States of America and has used the
people‟s money to pay out to the defendants, foreign and domestic, trillions of
dollars in bailout so that they may not go bankrupt due to the very mortgage
fraud that they themselves perpetrated against the people of the United States
of America.
134. The plaintiffs allege that that is a gross violation of Section 4 of the 14 th
taxpayers, are forced to pay for the loss of the very defendants who have
knowingly and intentionally committed the very mortgage fraud from which
they seek bailout. Section 4 of the 14th Amendment sates, “The validity of the
public debt of the United States, authorized by law, including debts incurred
or rebellion, shall not be questioned. However, neither the United States nor
any State shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations, and claims shall be
135. Based on the irrefutable evidence and the fact that former President George
W. Bush and current the President of the United States of America, Barak
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Obama, and all the members of the United States Senate and Congress, and all
the governors have all stated that the financial crisis that America is facing is
a direct result of mortgage fraud committed by the defendants, then, under the
loans from the defendants, using taxpayers money. That is a violation of the
U.S. Constitution; therefore, under the law, the court is compelled to block the
cost of the American taxpayer. The court is also compelled to block the
against the United States, or any claim for the loss or emancipation of any
slave; but all such debts, obligations and claims shall be held illegal and void.
136. Is anyone willing to stand up and argue that this financial Armageddon we
are facing is not a direct attack on the U.S. economy, perpetrated by foreign
137. Under the U.S. Constitution, the bailouts are illegal, therefore the court is
compelled to declare them void, to void the promissory notes and to confiscate
the people‟s mortgages and return them to the treasury of the citizens of the
United States as payment in kind for the bailout not returned, and for
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138. All 10 million subprime promissory notes are the product of fraud, because
not only did lenders inflate the borrower‟s income, but they also falsified the
value of the collaterals, stole the equity, charged the illegal fees to the
additional 6% in interest rate without telling the consume what that 6% truly
promissory notes are null and void. Under the right to enforce the obligation
transaction which, under other law, nullifies the obligation of the obligor, (iii)
fraud that induced the obligor to sign the instrument with neither knowledge
(b) The right of a holder in due course to enforce the obligation of a party to pay the
139. Under the Uniform Commercial Code, the investors who were in cahoots with
the lenders are not entitled to recovery; therefore, the court is compelled to
said loans to the care and protection of the United States Treasury.
140. If the court fails to confiscate all loans, I will share all the evidence I gave
with all 10 million homeowners. I will splatter it across the Internet and give
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the people instructions on how to file their own lawsuit for claim for mortgage
fraud. We will cripple the entire federal court system and collapse it. It is
illegal to make threats, that‟s why this is a promise. You can‟t prosecute me for
making a promise I intend to keep. For two years now I have been begging the
courts and the government to intervene on behalf of the people, I will not beg
141. In the previous lawsuit in which the federal court denied my motion to sue all
of the lenders and firms on Wall Street, the Court depended on Pagán to justify
his ruling. The plaintiff states that the court‟s finding based on Pagán is in
contravention of the issues in this instant case. Pagán involved a third party
lawsuit, in which the plaintiff was not directly affected; “the complaint
standing to assert any of the section 1983 claims that are at issue here.”
142. A federal court must satisfy itself as to its jurisdiction, including a plaintiff's
Article III standing to sue, before addressing his particular claims, regardless
of whether the litigants have raised the issue of standing. See Orr v. Orr, 440
U.S. 268, 271, 99 S.Ct. 1102, 59 L.Ed.2d 306 (1979); Juidice v. Vail, 430 U.S.
327, 331, 97 S.Ct. 1211, 51 L.Ed.2d 376 (1977); see also Warth v. Seldin, 422
U.S. 490, 498, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975) (explaining that standing is
a threshold issue in every federal case). The standing inquiry is both plaintiff-
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particular claim that he asserts. Allen v. Wright, 468 U.S. 737, 752, 104 S.Ct.
3315, 82 L.Ed.2d 556 (1984); Donahue v. City of Boston, 304 F.3d 110, 116 (1st
claim will the court proceed to assess the application of the qualified immunity
concerns. See Valley Forge Christian Coll. v. Ams. United For Separation of
Church & State, Inc., 454 U.S. 464, 471, 102 S.Ct, 752, 70 L.Ed.2d 700 (1982).
The Constitution confines federal courts to the adjudication of actual cases and
controversies. See U.S. Const. art. III, § 2, cl. 1; Allen, 468 U.S. at 750, 104
S.Ct. 3315. An actual case or controversy exists when the party seeking to
invoke the court's jurisdiction (normally, the plaintiff) has a "personal stake in
the outcome" of the claim asserted. Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct.
691, 7 L.Ed.2d 663 (1962). To satisfy the personal stake requirement, the
plaintiff must pass a tripartite test. See Lujan v. Defenders of Wildlife, 504
U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); Ramírez v. Ramos,
144. The first of these prerequisites deals with harm. The plaintiff must
cognizable interest.” Save our Heritage, Inc. v. FAA, 269 F.3d 49, 55 (1st
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on the other hand. Lujan, 504 U.S. at 560, 112 S.Ct. 2130. In turn, a
a. In this underlying case, the plaintiff states that the United States of
Barak Obama, and the vice president, and the treasurer and the SEC
have acknowledged that the subprime loans that are wreaking havoc on
our nation‟s economy are the direct result of mortgage fraud and
predatory lending.
before in recorded history has this been seen. These subprime loans are
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g. It is indisputable that throughout the country, entire neighborhood blocks
i. It is also undisputable that even though the government knows and has
admitted that the mortgage loans are the direct product of mortgage
fraud, and that lenders have committed crimes to originate the loans, the
government still had to bail out those lenders in an attempt to ebb the
paying to bail out the perpetrators of fraud to prevent them from failing,
due to the very fraud they themselves perpetrated against home owners.
l. American residents have suffered all of the above effects as a direct result
of the mortgage fraud that the government has admitted was perpetrated
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m. Every time an American resident is foreclosed on, due to what the
n. All American residents, whether they own a subprime loan or not, are
directly affected by any foreclosure of any subprime loan which are the
U.S. economy and cost the American taxpayer money both individually
and as a whole.
145. The second prerequisite deals with causation (what some courts have called
that the asserted injury is causally connected to the challenged conduct. Id. at
a. The plaintiff has outlined the fact that mortgage and securities fraud
nation‟s economy. The plaintiff has also demonstrated that the defendants
have engaged in acts that violate the U.S. Constitution and the predatory
lending laws.
the mortgage industry; if people cannot pay their mortgage how can they
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caused the plaintiff economic loss due to the downturn in business, then
any/all foreclosure orders that are given in the country directly impacts
plaintiff Muckle, thus giving Muckle rights to sue any/all persons and/or
146. The third prerequisite is redress ability. The plaintiff must adequately
allege that a favorable result in the litigation is likely to redress the asserted
147. At the hearing on this motion, the evidence will speak for itself; there is no
way the defendants can prevail if the evidence of mortgage fraud on a national
require a plaintiff to show that his claim is premised on his own legal rights (as
opposed to those of a third party), that his claim is not merely a generalized
grievance, and that it falls within the zone of interests protected by the law
invoked. Ramírez, 438 F.3d at 98; N.H. Right to Life Political Action Comm. v.
important, are not as inexorable as their Article III counterparts. See, e.g.,
United States v. AVX Corp., 962 F.2d 108, 116 (1st Cir. 1992) (recognizing
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the defendants giving out “unconscionable and void” foreclosure notices.
All Americans who have an adjustable rate mortgage loan and all
Americans whose tax money is being used to bail out the investors, are
149. In the underlying case in which the court used Pagán as an authority, the
First Circuit Court found, “Pagán asserts injury in fact on the basis that
animus aimed squarely at him. This assertion is wide of the mark: the
standing inquiry turns on the plaintiff's injury, not the defendant's motive.
protected trait of a corporate agent, it is the corporation — and only the
corporation — that has standing to seek redress. See Guides, 295 F.3d
at 1072-73 (holding that corporation alone had standing to pursue claim that
race); Potthoff, 245 F.3d at 717-18 (holding that employee lacked standing to
lease because of employee's criticism of the mayor). In other words, the fact
that animus toward the agent sparked mistreatment of the principal does not
create an exception to the rule that an agent's section 1983 claim can flourish
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a. In this instant case, the plaintiff states that the evidence proves that the
was not just to defraud the plaintiff or the government individually, but
rather that the fraud was perpetrated against all American residents with
150. To be sure, there are exceptions to virtually every general rule — and
the rule that a shareholder cannot sue in his own name for an injury sustained
by the corporation is not ironclad. The case law also suggests that there may be
pursue a claim for the misconduct. See, e.g., Kavanaugh v. Ford Motor Co.,
151. The plaintiff Muckle states that this case is unique on the above issues based
that any other plaintiff would have the type of evidence that he has and that it
is inconceivable that any other plaintiff has tied all the defendants together as
152. If all American residents with a subprime loan had this type of specific
evidence, then the courts would have to contend with 10 million civil lawsuits,
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153. Because the government is already bailing out the investors and that the
rate mortgage loans so that the investors won‟t fail, then it is inconceivable
that the government will ever pursue a case against all of the perpetrators of
the mortgage fraud; therefore, they would get away with committing mortgage
154. The plaintiff does not know of any other American resident who will file such
mortgage fraud against all defendants, and because it is inconceivable that any
other American will initiate filing this suit, then the American people will
continue to suffer for many, many years to come not only through the loss of
about 10 million family homes, but also from the adverse impact the crisis in
our economy can have on our national security and the trillions of dollars of
hard earned taxpayer money that are being spent to compensate the criminals
resident would pursue a suit for relief for all American residents, without
settling for him or herself, then the plaintiff will be uniquely affected if the
court fails to take action. If the plaintiff cannot use this case to seek the same
relief for all American residents as he seeks for himself, then even if he was to
save his own home, the fact is my next door neighbor will lose his home due to
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mortgage fraud, which will have an adverse impact on the value of my property
to my city which will in turn bear a burden on my state, which must then seek
federal aid at the cost of all taxpayers in the entire United States of America.
156. Federal laws states that a criminal is not permitted to profit from his crimes,
but because it is inconceivable that the government will take immediate and
direct steps to file suit against the lenders and their foreign bosses, and
because the lenders are actually benefitting from the taxpayer bailout, then
157. Because the government has not sued all of the defendants for the fraud
158. A Great Disrespect is being perpetrated against the people, Your Honor.
Imagine this bitter pill: A man wakes up and goes to work. On payday, the
government takes out income taxes, social security taxes and all kinds of other
taxes. We are good with it because it is for the benefit of our community and
taxed. When he gets home, he puts away some money for the next week‟s work
and he gives the balance to his woman to shop for the house. She goes to the
supermarket, she is taxed, she buys him some shoes and clothes for work, and
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she is taxed. At month‟s end, their property is taxed, and she pays water and
sewer fees which is really a tax, along with the mortgage payment in which
there is a hidden lender‟s tax. Let us not forget the hazard insurance.
159. However, even though they pay property tax and water and sewer treatment
tax to the city, the city does nothing to maintain the property. If it snows, the
people have to clean off the sidewalk or get charged a penalty, which is really a
tax. The city does not come inside and clean or maintain the property even
though the people pay property tax. If they do not themselves clean the
property, the city can come in and clean it, or not clean it and charge a further
160. As if this great wickedness to people was not enough, thieves on Wall Street
and the home mortgage industry had to milk the cow some more, so they
decided to take it a step further; why not take even that little which they have
161. Your Honor, a great man once stood up and begged the question, “Should I
keep back my opinion at such a time, through fears of giving offense? I should
the Majesty of Heaven who I revere above all earthly kings.” What is going on
in our country is an act of treason and destruction from within. I have the
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claim for private mortgage insurance. However, if there are blanketed
foreclosures in a given county, then the investor can issue blanketed claims
and are compensated in bulk, instead of having to submit claims for each
entities, and American conspirators carry out the process. I have the proof in
writing.
162. However, despite the plain evidence, which proves this the case, no one is
doing anything to stop it. Instead, the thieves are given bailouts. I wrote to
and called several government agencies to offer them the evidence, yet no one
cares to see it. Like Chicken Little, everybody is crying, “the sky is falling, the
sky is falling,” yet I don‟t see anyone issuing any orders to stop the robbery and
the dispossession of the people. They are allowed to blatantly take us into our
own American housing court and get our own American judges to issue decrees
163. Don‟t they call that animal cruelty? Isn‟t it unlawful to throw a dog out into
the streets? Even dogs are rescued and taken to a warm shelter with a full
belly and a warm place to sleep; but what of the people who lose their homes,
and what of them who get laid off from their jobs and those who lost their
securities fraud? The poorest are left to wander the streets aimlessly until they
get weary at night and have to hurry to be the first to get a bed in a homeless
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shelter, or to fight with the bums for that choice spot under that bridge or in
164. Lenders are allowed to unlawfully enter and dispossess, ripping up lives and
tearing families apart. All a hard working man/woman can do is band their
belly and watch helplessly as the local sheriff stands guard to protect the
American agent of the foreign investor, as they slam the lock shut on our piece
165. I have witnessed a great evil being wrought against the people, Sir, and
under no circumstance will I remain silent for fear of giving offense. How
much longer can the people accept this? How much longer are the courts
willing to bet that the people will just sit and accept this Great Disrespect?
166. Must I call to mind the terrible occurrence in New York, or must I speak of
that mother who shot herself after losing her home because of the mortgage
167. Or must I invoke the memory of the AIG and Wells Fargo Bank, and the
bonuses after saying they would fail if they did not receive taxpayer‟s bailout?
We are being destroyed from within and no one is even taking notice.
“Sometimes we are apt to shut our eyes against a painful truth, and to listen to
the song of the siren.” To listen to the people crying out for justice and to
watch them protest peacefully against the great robbery being committed
against them, until the frustration of our government‟s inactions sets in and
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transforms us into beasts. To make us take matters into our own hands and
rebel against these foreign invaders who are robbing and dispossessing the
people. To break bank windows like they did in London, or to burn down
168. I make no violent threats, Your Honor. I speak only of the visible signs on
the frustrated faces of the people. The people cannot take it much longer! But
the failure to respond can only result in the people exploding like a powder keg;
then Wall Street will burn! But is this the part of wise men engaged in a great
and arduous struggle for liberty and justice? Are we disposed to be of the
number of those, who having eyes, see not, and having ears, hear not the
evidence at a hearing, to prove that this financial crisis was a deliberate terror
act against the people of the United States of America? For my part Sir,
whatever anguish of spirit it may cost, I am willing to know the whole truth, to
170. What is going on in our country is legalized slavery, Sir. A man can work all
his life and buy and pay for all his liberties, yet he owns nothing in America.
He buys his home and pay property taxes, yet he does not own the home nor
does he earn the property. And as if that is not a great enough evil in itself,
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foreign investments firms are allowed to come in and continue the robbery,
then turn around and beg for bailout after they run the well dry. Every day the
bucket goes to the well, one day the bottom will drop out! What a great evil!
171. For almost two years now, I have been begging the courts to intercede and do
something to stop this Great Disrespect and insult to the American people. It is
in vain extenuating the matter any further, Sir. Gentlemen may cry, „give us
more bailouts, give us more bailouts, we will fix the problem!‟ But every time
they get bailouts, instead of modifying the loans, they just hand the taxpayers
172. This suit does not seek monetary award nor does it seek ownership of the
homes. All this petition seeks are the "Cease and Desist" orders as outlined at
the beginning of this petition. If the court is then satisfied that I have made a
strong showing that cannot be rebutted, then the court must stop the abuse
and disrespect of the people, and ORDER the government to take all
from the holders who are not entitled to recovery. If the court confiscates the
mortgages for the protection of the people, then instead of bailing out the
criminals, the government can legally confiscate the loans and give the
either foreign thieves or the government. I believe that the people would
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prefer to pay the interest into the nation‟s treasury, than to pay it into a bank
in Japan, or China.
173. The government can take this unique opportunity to legally confiscate these
loans and bail out the people, or it can “buy” the unlawful loans and continue
the bailouts and aid and abet the destruction from within. In the end, I do
have dual citizenship. I have a second home to run to, but I promised not to
run until I have exhausted all remedies. After that I will just brush the dust off
174. For me to sit on this evidence and not try to help my country will be an act of
treason. If the court does not grant this motion, I promise that I will blazon
this evidence across the Internet with instruction to all 10 million subprime
victims on how to file an individual claim for mortgage fraud. If everyone was
to file an individual claim for mortgage fraud it will cause the total collapse of
the mortgage industry because no one would be paying their mortgages. That
175. The battle has already begun, Sir. The next gale that sweeps from the north
here in Boston will bring to our ears the clashes of 10 million civil lawsuits.
Texas, and 7 other states, all waiting for instruction from me to walk into their
local federal court clerk‟s office and file their revised versions of this motion.
We will flood the federal court in Boston with hundreds of thousands of claims
for mortgage fraud, and when the court in Boston is overflowing, we will file in
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New York and overflow that system also, then we will move on to California,
then Texas. We will recruit consumers and taxpayers in all 50 states. We will
overwhelm the system with 10 million claims for mortgage fraud and demands
that our mortgages be rescinded and that our properties be returned to us free
176. As I have been doing for the past two years, we will refuse to pay our
mortgage, property tax or hazard insurance. We will cripple their systems and
stop their incomes as they have crippled our economy, and caused millions of
job losses. We will fight their 50-state strategies with our own 50-state
strategies. We will fight their tsunami waves of foreclosures with our tsunami
177. The people have declared “financial Armageddon” against capitalism and the
harder we have to fight for justice, the harder we will defeat them. Your Honor,
with all due respect, you have known me for almost two years and you know
that I am serious and will not give up. You have issued orders for my home to
be foreclosed, yet despite that order, not even the defendant can carry it out. It
has nothing to do with you, Sir, when I contend with you; I intend no
disrespect but when you give me an order that I know violates my rights, how
the Heavenly Judge who can take my house and still roast me in hell if I
disobey and not fight for the people. So because I chose to follow the orders of
my God and not settle and allow the defendants to go free, what man on earth
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can take my home away from me legally and fairly? Is this the type of
situation the court wishes to cause throughout the nation? We won‟t pay our
178. I beg the court to think about the power of the evidence I have, and which I
would be more than glad to share with over 10 million homeowners with a
subprime loan. I know not what course others may take, but as for me, I
bought my home for my children. I did not steal to buy it or to pay any of the
fees; therefore, it will be a cold day down there before I allow anyone to take it
from me unlawfully.
179. Give us liberty or we will give the systems death. We will cripple the systems
with lawsuits and refusals to pay any mortgage. This is not a threat against
promise to foreign investment firms who have taken illegal actions against
180. The court can choose to contend with 10 million claims for mortgage fraud, or
it can do the American thing and grant the people relief in this one lawsuit.
“Give us liberty and justice or we will give the system death!” That is the cry I
are dispossessed and downtrodden, they shall rise with a vengeance that will
shake the world. And no power not by might, no power not by force of will can
still the wrath of the people‟s vengeance, only when justice overlay the land,
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and men are free from fear and free of want. The spirit of revolution will never
bow down to man. Only when liberty reigns, when justice reigns and the
language of truth pours down like rain. When usury ceases, when corruption
ceases, then there will be nothing to fear. But until then, there is no power in
the world that can halt the people‟s quest for liberty and justice. No power in
181. The plaintiff does not seek money or fame, because I have rejected offers of
monetary settlements from the lenders. As the court even knows, I have told
the court and the defendant “even if the lenders were to offer me $100 million
to settle the case and sweep the evidence under the rug, I would not accept it.”
Therefore, the plaintiff respectfully moves the court to consider the fact that
this motion is a sincere gesture by the plaintiff to helps his fellow American
Wherefore, the plaintiff respectfully files this civil action seeking redress on
the United States government and our fellow citizens from theft and financial
terrorism. It is not heroism that I seek Your Honor; it is survival for me and
Respectfully submitted,
____________________________ ________________________________
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