Jack Wright - Dallas, TX

5 Comments

If you lost your home due to your payments doubling or tripling after your adjustable-rate note reset, the following may help you understand that you would have lost your home anyway.  Even if you made all payments, and even if you proved to the court(s) that you tendered too many payments. The public needs to understand these homes are not being foreclosed on – they are being methodically stolen.

In 1987, I purchased my home from the builder through an adjustable-rate loan, with plans to pay the $139,500.00 loan off in June 2004.

In late 1996, I received notice that I had overpaid my mortgage and the mortgage company was sending me a check for $942.00.  That check never arrived.

In April 1997, Bank of America notified me that they were the new owner and holder of my note and immediately began accusing me of being in default.  My adjustable-rate payments were running between 2%-14% of my monthly income.  Aside from that, I was debt-free; no car payment, no credit card debt, and my credit score was 798.  I did NOT buy more house than I could afford.

While collecting my cancelled checks to prove to BofA that all payments were tendered, I discovered I had accidentally tendered two payments for January 1997.

BofA ignored this evidence, continued to insist I was in default, and set a foreclosure sale for May 5, 1998.  My lawyer obtained a restraining order and despite that order, Bank of America tried to sell my home anyway.  Keep in mind; had I not gone to the courthouse to stop the sale as my lawyer suggested, my home would have been stolen in 1998.

Bank of America later alleged they sold my loan to Bear Stearns’ EMC Mortgage in December 1998.  EMC began accepting my timely payments and then EMC started accusing me of being in default and they filed for foreclosure.  I had to hire a new lawyer after my first lawyer ran off with the $21,000.00 remaining balance of my retainer.  (He was later disbarred for stealing funds in another case.)

Both companies vigorously misrepresented in court papers that the loan was in default and BofA had sold my loan to EMC, but the court never required these companies to provide even a scintilla of evidence to substantiate its claims. When the court disregarded the laws, rules and my evidence, and ruled in favor of the banks, my attorney quit in disgust.  Unable to find a replacement, I appealed my case all the way to the U.S. Supreme Court, but was denied every step of the way.

During the appeal, the local ABC News affiliate began investigating my story after reading my appellate brief and attending my oral argument, and aired a 5-part series titled: Mortgage Mess”.  (See two of the videos here.  The top video reports on my requested testimony before the House Financial Institutions Committee in June 2002.  Shortly after this segment aired, the station pulled my story and the reporter’s employment terminated.  In 2004, I discovered the station’s owner was affiliated with Bear Stearns Securities.)

After the story aired, my case was revived by the partner of a big law firm.  He saw the news story and said it was obvious I had been cheated by the mortgage companies and the courts, and he wanted to put me in front of a jury to tell my story.  Our petition (against EMC only), presented a number of legal arguments that barred anyone from foreclosing on my home.  (According to my attorney, in 2003, EMC was filing for foreclosure monthly.  EMC was demanding I surrender my home and pay them $202,000.00 in bogus fees.)

In December 2004, after 8-years of frivolous litigation, my case went to trial. The trial began with EMC announcing they didn’t own my home.  As a layperson, I didn’t realize how fatal that statement was, but the judge and my lawyer sure did, and they remained silent.  On the 5^th day of trial, EMC collapsed under the crushing weight of my evidence, plus the report and testimony of my expert witness; a mortgage analyst who found the case to be the worst case of mortgage fraud she had seen in her 19 years of practice.  EMC finally confessed I was never in default and had overpaid.  But even that wasn’t strong enough to stop this insanity.  Within seconds of hearing EMC’s admissions, the judge shut down the trial and recused herself; my attorney withdrew, and EMC had its admissions erased from the court transcript. The trial never finished.

Then two years later, in December 2006, EMC’s lawyers hired 4-armed constables to evict me, and they did it without a court order.  During the unlawful eviction, someone found the key to my lockbox and took my birth certificate, baptism certificate, social security card and “my mortgage”.

In December 2008, with the statute of limitations about to run out, I filed an action on the unlawful eviction only, along with an affidavit of inability to pay costs.

Please read my Writ of Mandamus and Exhibits to the Texas Supreme Court, plus my short Motion for Rehearing.  The petition for the unlawful eviction is Exhibit 1.  I think you will be outraged by what is proven to be going on.  Although the writ is only requesting I be allowed my constitutional right to proceed in forma pauperis, I felt compelled to explain in more detail why I can no longer pay court costs.  The motion was denied two weeks ago.  No reason was given, because there is no justiciable reason for the denial.  Read it and see if you agree.

When I learned EMC’s admissions had been cleaned from the transcript, I set out to reprove EMC’s statement that they never owned my loan.  What I just recently uncovered is far more damaging than anything they admitted at trial.  Neither Bank of America nor EMC ever owned my loan, because my evidence confirms my loan was destroyed and discharged by operation of law in 1992, during the Savings & Loan Scandal … only nobody told me, so I ended up paying 3-times the amount of the original loan to imposters who set me up to steal my home and equity.  To make money out of blank paper, two bogus Lost Note Affidavits and other documents were forged and packaged into at least 3 mortgage-backed securities valued at ~ $1 Billion dollars, and sold on Wall Street.  I also located the government audits of two of the three MBS’s, where they uncovered millions of dollars of fraud in both.  The second reason my loan had to be destroyed was due to the fraud in the origination of the loan. (The cap on the TILA disclosures was $250.00.  My loan calculations were off by almost $62,000.00.)

Since the court(s) were allowing EMC to make false statements, commit frauds upon all courts, and create fraudulent documents with impunity, EMC created and filed additional documents to sell my home that they paid nothing for.

Now that I have been litigated into the abyss of poverty and homelessness, the courts are denying me entry because I can no longer afford the filing fees.  But that is not going to stop me and you shouldn’t quit either.  Be loud, be outraged and never give up your rights.  Do not let these criminals cover up their frauds and get away with what they have done to you and to this country.

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Comments  

 

#5 Mortgage Audits — John Dunn 2010-10-06 13:28

Hi Jack,
John from Little Rock, Arkansas. Need to speak with you if you have time.

I have about 5 new cases now in Texas. I am working with John Ogles here in Arkansas who has licenses to practice [kill] in Texas. Michael Brinkley is handling a couple of cases...

Thanks,
Forensic Mortgage Audits and Foreclosure Defense
Quiet Title Actions
oliveripa.net
john
501-228-0877

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#4 Mrs — Donna 2010-07-31 01:17

Hi Jack, We too are a servicing victim, but with the big one SPS...2003 sued by FTC! Got lead for Ft Worth atty. Not sure if good...wants 13 yrs of info before saying he will take case. No clue if he has good rep. Ongoing RESPA Violations, FDCPA violations, etc. Most Austin Attys advise to refi home! No MS atty here. Google earthed your home and saw for sale sign. What is the update? Still fighting in 2010. Can you help with info. royblizzard@peo plepc.com

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#3 pissed — dean franklin 2010-05-03 17:23

wow!

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#2 Wow- — Steve 2010-05-03 00:18

How can they have recorded testimony removed from the records? That is unbelievable. I am also fighting this to the end-your case is one of the most unbelievable I have read on this site. Based on my experience, the way the loan mods have been handled, etc. it seems the bank's intent is deliberate: to exchange money created out of thin air for an asset of real value. They truly want people to default to steal the property because they have nothing at risk. I am really sorry for your situation. Will there be justice and equity in this country? Is every judge, media outlet and politician already bought and paid for by the banking industry? Thomas Jefferson warned us that if we allowed banks and their corporations to grow up around them, we would be homeless on this continent that our fathers died for.

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#1 Here's your proof — Brenda Gail 2010-04-27 19:00

I have proof of EMC's illegal shenanigans. Jack, please contact me @ thestudio@brend agailofdallas.com

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