We are somewhere within a twilight zone where bankers receive a “get out of jail free” card by paying their way out of jail through countless settlements for the biggest financial heist of our generation. Every week we hear of another financial institution caught in another fraud scheme heading for the courtrooms. The government has turned a blind eye to the homeowners and middle America for well over a decade now for justice on the fraudulent foreclosure front. The spread of wealth over the past decade to the top 1% percent is unparalleled. Today, we have more than 850,000 government employees that are forced to work for no pay during this current government shutdown. The effects of which we are now seeing with mortgage payments being missed.
Although seemingly rare, there are times when it seems that the government is attempting to help middle America. It was back in 2004 when the FBI announced to the public of an upcoming “epidemic of mortgage fraud.” However, we found that the government did nothing to investigate or stop it. Instead, we watched the empires on Wall Street being given bailout packages in the hundreds of billions of dollars. To top off this further deregulation was instilled and the Mortgage Backed Securities were renamed, repackaged and it was same as the old. Did we as a society learn anything from the economic breakdown of 2008?
You know, the blessing of hindsight is 20/20. The FBI, to my knowledge, has never been known to the public to be experts in mortgages, especially the tangled web of mortgage backed securities (MBS’s) and collateralized debt obligations (CDO’s) that Wall Street was doing. The government did nothing to investigate or stop it, left the world and the masses in their systemic complacency. I don’t think too many people at that time really thought that the entire global economy was going to collapse.
I became aware of the mortgage fraud being perpetrated against us when we began receiving the Notice of Default and Intent to Foreclose at the end of December, 2010. We began to dig deeper and understand fraud and the foreclosure process. In early April 2011, we filed a lawsuit against Wells Fargo Bank for Fraud and Breach of Contract. We had been current on our mortgage payment until November 2010. It was then that the modification counselor advised us to stop paying the mortgage and we would be in a more favorable position for modification. We did what was advised and in November stopped paying, and then were once again denied the modification. At the end of December the foreclosure process began.
By the end of 2008, I experienced the collapse of my construction and real estate development companies in TX and CA. The economic issues were certainly not local. Then, with being two years unemployed, I had a lot of time on my hands and we couldn’t afford an attorney. I had heard about a couple in Florida that got foreclosed on, even though they had paid cash for their home decades before. I’d heard similar cases in other states – homeowners being foreclosed while being current on their mortgage, foreclosed by the wrong banks, etc. The question wasn’t about WHY a party was being foreclosed on, but became a question of HOW a party gets foreclosed on.
I learned very early of the corruption of the system. When I saw, beginning with the very first documents, fraudulent paperwork was being filed in order for Wells Fargo Bank to expedite a foreclosure against our property, I knew then that the courts and the Country Recorder’s Office were failing in their positions to our society.
As I stated, as soon as we began receiving foreclosure notices we stopped the process by filing our lawsuit in April 2011. This put a halt to their attempts to foreclose. However, they claimed that they were going to auction off our home every month. Sometimes as often as [every] few weeks, they would have our property on the list. I went to the courthouse steps each time and showed all of the prospective bidders, should the property be auctioned off, that there was an encumbrance – the lawsuit placed against the property. This proactive process helped us stop the sale of our home for about a year. Then, finally, despite our legal action in Federal court against Wells Fargo Bank, I watched our home be auctioned off to a professional foreclosure acquisition firm. We then fought this party in Unlawful Detainer court while we were fighting Wells Fargo in Federal court, as well. Things were quite hectic at that point.
All of this corruption, fraud, pressure and stress due to the foreclosure, and all of the legal work that needed to be done, began taking its toll on our health and our marriage. It directly affected our relationship, as we felt that we were basically in a fight for survival. More and more arguments were happening because of the stress load. We tried hard to fix things between us, but doing that and fighting against the Wells Fargo beast was near impossible. We were able to maintain a working friendship in order to accomplish our legal battle, but the marriage dissolved into divorce during the lawsuit against Wells Fargo Bank. Family might hold empathy to things in the foreclosure process, but unless you are actually in that battle, it is difficult for other family and friends to fully grasp the levity of what is going on behind closed doors. But, as best as they could, family was interested and supportive to what we were involved with.
The biggest obstacle for me during this time was my own inner strength to continually tell myself that I could do this. I had to learn that lawyers didn’t know everything and that they lie, cheat and steal. I understand that power corrupts, and absolute power corrupts absolutely. As we got higher and higher up the chain of power, we found that corruption became the norm and not the exception. We had to learn the basics of law, but also to learn and act as a lawyer in the courtroom. It was definitely a crash course in law. I liken it to condensing three years of law school in about six months. And during that time of learning we were in a constant state of survival using the tools that we were learning. Meditation helped me maintain my sanity.
One might ask “Why would someone put themselves through such a tribulation? Why didn’t we simply let it go and try to put the pieces of life back together again?”
What pushed me was that Wells Fargo Bank illegally stole my home. Its much like you are walking down the street with your life savings in a duffle bag and someone, named Wells Fargo, comes running by and steals it. Do you run after them down the street yelling and screaming? Of course! But the courts don’t want to listen to what you have to say. Despite all of the evidence of fraud, breach, perjury and more, they get away without any penalty. It just blows my mind. The courts don’t seem to care.
I don’t want anyone else to have to endure what we went through. The courts are ignorant, complicit, or silent to the claims against the banks. I have since become a nationally certified Forensic Mortgage Loan Auditor. I have found fraud and void loans in 100% of all of the loans that I have audited throughout the nation. In other words, every foreclosure case that I have worked on there is a 100% chance that the bank foreclosing on any property does not have the right to do so, and also I have found that the bank who is collecting the monthly mortgages doesn’t have the right to do that either.
I want the truth to be known that no one is safe from a foreclosure. Whether you paid cash for your property and never even used a bank or if you are current on your payments. The courts allow anyone at any time to be foreclosed on. Hard to fathom, but it’s very real, and very true. If it has not happened to you, good, and most people think that it won’t or can’t, and maintain a level of complacency. I am looking for solutions to the greater problem at large and not simply on the micro scale of my own life.
This is where my book and documentary, A Quantum of Justice, came from. I wanted to shed some light on a part of the legal system that is not being addressed by any court, state Attorney General, or anyone on the federal levels of government. The recitation for all of the fraud has gone to the financial institutions that are conducting the fraud in the first place. It all can make someone lose faith in our system.
As soon as we began receiving our foreclosure notices in the end of December 2010, I felt lost and beaten. The world was collapsing around me and the pressure was thick and difficult to be in. As soon as we began receiving our first foreclosure documents, the very first thing I said to my wife was that if we were going to lose our home, then I wanted to get an RV and head out to make a film about the destruction of the American dream. At the time, the desire to get in an RV and make a film was really a measure of a desire to escape. But the idea maintained itself throughout the last four years of the legal battles that have taken us through California State Superior, Appeal, Supreme and Federal courts.
It has taken some time, but that vision is happening right now. I have been renovating an RV to do just that. The film follows through our foreclosure process. It delves deep into the fraud of foreclosures and the illegalities of the Securitization of Notes. It sheds light on how one can begin and take on a legal action acting as their own attorney. It clearly explains how the banks know they are defrauding you by examining the rule of law and the wording of the contract. It shows how in most cases the banks do not have the right to foreclose. In fact, in most cases, by law no one holds the right to foreclose. The paperwork to legally foreclose actually does not exist, but the courts allow the banks to foreclose anyway. This makes the states complicit in the fraud of the foreclosure.
We go into depth of the securitization process of Notes and how the banks sell off mortgages that are then placed into mortgage backed securities on Wall Street – yet these banks then collect for the mortgage that they don’t own, month after month, year after year. It exposes some of the corruption within the judicial system. We learn from senators, congresspersons, judges, lawyers, ex-mortgage brokers, bankers and more of their views and opinions of their knowledge of the system and the corruption. Knowledge is power.
I have put together a trailer for the film “Quantum of Justice”. https://www.youtube.com/watch?v=CdmoHGCrH48 My intention for this film is to expose the full depth of the corruption of Wall Street and the story of the common man rebuilding and redefining what the American dream is today.
After all we have learned over the passed decade I still ask myself “Why is there not a bigger outcry from the masses?” Lately we have seen some light being shed on this enormous fraud, and still there are no big protests demanding criminal prosecutions and accountability. I wonder what can be done to change this? I continually ask myself what can I and others do to change it?
In the words of Ghandi: “Be the change you wish to see in the world!” It isn’t over yet. Since 2008, we have watched Wall Street create new securitized investment funds using our savings accounts, retirement portfolios and pension funds, student loans, car loans, and more, just as they were doing with securitized notes that were placed in MBO’s and CDO’s. Hang on!
When something comes to your front door and into your home and affects your life in a very direct way, this is when most people wake up. Life is busy enough. But when it really hits and affects one’s life, then they begin to act against it. Through my firsthand experience of the fraudulent foreclosure system and its inner workings, and bearing direct witness to the corruption of the judicial system, and because of the depth of the research during my lawsuit and further research to make this film, I approach the information from a perspective that I have yet to see exposed in any film. Change happens. What we do with it is what will orchestrate the next phase of our lives.
The steps that I took were filing a lawsuit. That is certainly not for everyone to do. I hope that people get more interested, open up constructive dialogue, become involved, and write letters to their Congresspersons and Senators. Change happens with or without you. If it happens without you, you become a product of it. If it happens with you, you can help guide it to become the change you are looking for.
By Doug Boggs with Senka Huskic
originally posted https://www.occupy.com/article/quantum-justice-doug-boggs-foreclosure-crisis-and-truth-right-front-our-eyes#sthash.DgV1SsBt.H2x2A6P6.dpbs
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