Supporting, Informing & Connecting People in Foreclosure
With a litany of wrongful foreclosure cases making the news these last few years, it’s hard to understand least of all why we are all not on the list of foreclosures. It seems like every time the news is flipped on, the banking industry was finding a new way to blur the line between good business and reprehensible tyranny. Hardworking people, including homeowners, and war veterans such as Mr. LeForge, were either wrongfully foreclosed on, kicked out of their homes illegally or their home was foreclosed through a mass of manufactured documents. Entire neighborhoods of vacant houses are destroyed. Children are left homeless in the streets, while Federal crimes are still going unpunished. The Courts and Justice Systems are ruthlessly being abused and made a mockery of. Though publicists, spokesmen and spin doctors will ensure that many of the most damning financial headlines are swept into the dustbin of history, for countless Americans the story lives on and never ends, because of one accounting error, one thoughtless notary, one forged signature, and greed some of them will be forced to endure mental and financial nightmares for the rest of their lives. Their homes won’t be returned to them. Their credit scores won’t be rebuilt. Their lives will be left in shambles as are the neighborhoods left by the Bank’s criminal waves of activity. This story is but one of the countless abuses being perpetrated on the American People daily. Please take note, and try to imagine yourself in the shoes of these unfortunate individuals, then you’ll realize why the American People are fed up. I couldn’t think of a better place to start than with the LeForge’s ongoing nightmare.
Retirement Couple Pays Their Mortgage Loan Off. The Bank Ruins Their Lives Anyway.
The story begins when the LeForge’s sold their Indiana home in early January 2010. The home Mr. and Mrs. LeForge owned was negotiated and sold to a ready and willing buyer who successfully closed the transaction by prominent Real Estate Companies and a well-known Title Insurance Company. End of Story right?? Wrong!!!
While striving for the pursuit of happiness as most Americans do, the LeForge’s decided on an early semi- retirement in Southwest Florida. They were certainly of age, financially stable, and knew it was well deserved. The new owner, happy with the purchase immediately moved into the LeForge’s Indiana home. Everyone’s Happy, Right?? Wrong Again!!
Several months had lapsed and out of the blue with no notice the LeForge’s received a letter from Feiwell and Hannoy PC, (**Feiwell and Hannoy P.C. is listed in the Inspector General U.S. Department of H.U.D. report dated March 12, 2012 as the # 1 questionable law firm representing Bank of America**) via the U.S. Postal Service, stipulating (without delay), they were being sued individually for foreclosure on the previously sold Indiana home. On the day of receiving the letters Mr. LeForge made several attempts to contact the (Foreclosure Mill) Attorney group, Instead of responding to the LeForge’s, the attorney group ignored them over and over again. Within a couple of days of the letters the (Foreclosure Mill) Attorney Group without remorse or hesitation filed individual MANUFACTURED Foreclosure Lawsuits in the Indiana Court System. The LeForge’s signed for a certified U.S. Postal Service package containing a Summons of Foreclosure Lawsuit from the (Foreclosure Mill) attorney group. The LeForge’s continued their efforts in trying to get a response back from the (Foreclosure Mill) attorney group. The LeForge’s sent Letters of dispute to Trans Union, Experian, and Equifax, requesting an investigation and correction. They sent a letter via a fax transmission to the (Foreclosure Mill) attorney group requesting a validation of Debt within 30 days. Letters detailing the complaint were sent to State Governors, Representatives, Attorneys General, OCC, FTC, and numerous other public officials and government organizations. The LeForges sent letters to the Bank and their CEO who ordered the wrongful foreclosure suit. The LeForge’s reached out to numerous public officials hoping someone would help them stop the wrongful foreclosure lawsuit. Finally after several months of phone calls, writing, sending letters, emails, and faxes, the LeForge’s received a response from the Indiana Foreclosure Prevention Network via Indiana Governor Daniels Office. The Counselor of the IFPN suggested the LeForge’s contact the Indiana Attorney General’s Office and in addition contact a private Attorney, further stating: “Mr. LeForge had done all he could and admirably I might add”. Still after months of persistent attempts by the LeForge’s to contact the (Foreclosure Mill) Attorney Group the LeForge’s were ignored, instead the LeForge’s were further tortured by the (Foreclosure Mill) attorney group by being served with an Alias Summons. The LeForge’s were at the end of their rope and ultimately left with no choice but seek and retain legal counsel. The LeForge’s gave it their best effort in trying to right a wrong perpetrated by a unscrupulous Bank and (Foreclosure Mill) attorney group. The LeForge’s contacted their Indiana Real Estate Agent for advice, and she referred them to her personal Attorney and in turn her Attorney referred the LeForge’s to Robert E. Duff. In June, 2010 the LeForge’s hired Attorney Robert E. Duff a well-publicized Indiana consumer lawyer. The Indiana Attorney Duff told the LeForge’s there were more than one group associated to the wrongful foreclosure lawsuit. 1. The Bank, 2. The Foreclosure Mill Attorney Group, 3. All three Credit reporting agencies. Attorney Duff had the LeForge’s sign three separate fee agreements based on the three separate complaints he needed to file. Another Happy Ending, Right?? Think Again!! NOW THINGS GET REAL COMPLICATED.
Within a short period of time the LeForges ultimately realized Attorney Duff failed to provide the LeForge’s with any relief at all. The Indiana attorney eventually told the LeForges he had medical issues and was unable to perform the duties he promised. The LeForge’s were left to seek new legal representation. Through a computer search on line, the LeForge’s came across a self-proclaimed specialist in the field of wrongful foreclosures, the attorney was based in Massachusetts, but said he could practice from anywhere in the United States. The LeForge’s hired the Massachusetts attorney Carlin Phillips with the Phillips and Garcia Law Firm. After hiring the Law firm, Carlin Phillips told the LeForge’s he needed to re-hire the Indiana attorney Duff for sponsorship in the Indiana Federal Court System. The LeForge’s questioned the ethics in such a move, but was told not to worry Attorney Duff, would have no other responsibilities other than Federal Court sponsorship. In June 2010 Attorney Duff filed an incomplete complaint against the Bank who orchestrated the wrongful foreclosure against the LeForge’s. The complaint had to be amended by the LeForge’s new Law Firm.
The LeForge’s were led to believe a complaint had been filed against the (Foreclosure Mill) Attorney Group in 2010, but the LeForge’s later found the complaint wasn’t filed until April 19, 2011, the last day allotted by virtue of a Statute of Limitations. The complaint was filed by none other than the prior Indiana Attorney Duff. The complaint was filed incorrectly; excluding Mr. LeForge from the complaint, leaving the LeForge’s unable to add Mr. LeForge to the complaint due to the expiration of the Statute of Limitations.
The Phillips and Garcia Law Firm were to file complaints on the 3 credit reporting agencies and failed to do so, ultimately the Statute of Limitations expired.
The LeForge’s complaints were not filed timely nor given the attention they so deserved and needed. The LeForge’s became very suspicious after the Phillips and Garcia Law Firm harassed, bullied and threatened them by telling the LeForge’s they would have to pay thousands of dollars in costs associated to the case if they didn’t do as they were told. The new Law Firm the LeForge’s hired, were not as financially secure as the LeForge’s were led to believe. Numerous agreements and promises were not kept, such as necessary communications, time sensitive filings, additional case filings, settlement negotiations and the list goes on. The attorneys didn’t seem to know who was doing what, so nothing was done properly or on time. The LeForge’s were told they had the right to accept or reject any settlement presented; however Mr. Phillips took it upon himself and negotiated a settlement agreement with his own terms. Mr. Phillips then relayed to the courts the case was settled. When the LeForge’s disagreed with the settlement terms, Mr. Phillips threatened the LeForge’s with a lawsuit if they didn’t sign the settlement agreement and Stipulation of Dismissal. The LeForge’s refused to sign the false settlement agreement.
Are You Bored Yet?? Hold On, IT’S JUST ABOUT READY TO GET REAL INTERESTING
In August, 2011 a Magistrate Judge via a Telephonic Status conference suggested Mr. Phillips act only as a conduit of information and not to act as legal counsel for the LeForge’s. Mr. Phillips and the Magistrate both pre-warned the LeForge’s by stating Mr. Phillips would testify against the LeForge’s if they did not sign the settlement agreement that Mr. Phillips negotiated. The Magistrate then mandated from that moment forward Mr. Phillips would act only as a conduit of information from the LeForges to the defense counsel.
Mr. Phillips acting as a conduit, refused to legally represent the LeForge’s. The LeForge’s finally drafted their own settlement agreement, and presented it to the defense counsel, this of course got them into more trouble.
An emergency telephonic status conference was set by the defense counsel. When Mr. LeForge received the notice of the conference call he immediately contacted the Clerk of Court to explain to the Magistrate, his wife was out of town on business and would be unavailable and unable to attend the call, the Magistrate ignored his concerns and continued without Mrs. LeForge’s presence. During the conference call Mr. LeForge asked the Magistrate if the Conference call was being recorded, and the Magistrate said “no”, and told him to “keep notes”. Late in the call the Magistrate suggested Mr. Phillips officially withdraw. Days after the call the Magistrate’s Entry Order was written incorrectly; there was no reflection of the outcome of the Status Conference and it noted the LeForge’s had until Nov.14, 2011 to consult with an attorney, but only for the purpose of the language in paragraph 7 of the Magistrate’s revised settlement agreement. The LeForge’s asked their attorney for a copy of their files on numerous occasions and were denied their requests. As time passed the LeForge’s discovered the Phillips and Garcia Law firms withheld documents and files for months at a time, while not even looking at them. When the LeForge files were finally returned several months later, they were noticeably incomplete and had been heavily co-mingled with another client’s private files. The LeForge’s are now left with the fear of not knowing where or who may have their private files containing all of their medical history, credit history, and financial history, account numbers, virtually their whole lives.
The LeForge’s contacted numerous attorneys and they all stated they needed to know all aspects of the case before addressing paragraph 7 of the revised settlement agreement. The LeForge’s requested an extension and it was granted. On Dec. 20, 2011 the LeForge’s attended a telephonic conference pro se, by that time Mrs. LeForge had all but given up. The LeForge’s agreed to settle the complaint against the Bank. Timelines were put in place to accommodate the defense counsel during the Holidays, they were allotted 30 days to complete the guidelines set forth in the Settlement Agreement and to have the articles of the Settlement Agreement placed in the LeForge’s hands, once completed they were to submit a Stipulation of Dismissal with prejudice to the courts. The LeForge’s waited and waited for the delivery of the settlement package. The defense counsel exceeded well beyond the deadline, and the LeForge’s still have no settlement package. On 3-30-2012 Judge Tanya Walton Pratt signed and entered a Stipulation of Dismissal of our case based on misinformation perpetrated by the defense counsel. On May 10, 2012 The LeForges requested a motion for Sanctions; the request was recognized and filed into the court dockets.
In the meantime while all of the underhanded dealings were taking place by the Banks counsel, the late Phillips and Garcia law group and Mr. Duff ignored our complaint against the (Foreclosure Mill) Attorney Group. The LeForge’s later discovered Mr. Duff allowed the defense counsel extensions after extensions in lieu of answering the initial April 19, 2011 complaint. The LeForge’s prior Attorneys failed to oppose the extension and the courts ultimately allowed the (foreclosure mill) Attorney Group up to Nov.10, 2011 to answer the LeForge’s complaint. The (Foreclosure Mill) Attorney Group failed to answer the April 19, 2011 complaint by court appointed deadline of Nov.10, 2011. Mr. Duff eventually withdrew from the LeForge’s by stating he was only acting on what Phillips and Garcia had ordered and stated he was not hired by the LeForge’s, Mr. Duff then demanded payment from the LeForge’s. Months later the (Foreclosure Mill) attorney group hired an outside attorney firm to represent them. On 3-22-2012 the LeForge’s (pro se’) attended a pretrial telephonic conference regarding the (Foreclosure Mill) Attorney Group case. The same Magistrate presided over this case as well as the Banks case. The magistrate told Mr. LeForge he was unable to speak because he was not included in the complaint A (CMP) Case Management Plan was the only issue discussed. Dates were hammered out, and the Magistrate instructed the counsel for (Foreclosure Mill) Attorney Group issue a new CMP for Mrs. LeForge’s review and signature. The defense counsel requested yet another extension of time.
The Magistrate Judge assigned to both cases has committed a number of misconduct and bias actions against the LeForges, and the judicial system has managed to virtually destroy their lives, causing immeasurable harm over and over again. This ordeal has shaken the core of what they’ve believed in. They’ve lost confidence in the Justice system of the United States, which has utterly failed to uphold or promote integrity, and impartiality. They were simply not given the opportunity to fairly present their case.
You see, with the blessings of an Indiana Federal Court Magistrate, the legal counsel for the LeForge’s only compounded the unjust pain and suffering brought on by the criminal activities of the Bank and associates. The legal counsel hired by the LeForge’s was so oblivious and incompetent, the Bank’s legal team had no problem intimidating and running rough shod over them, ultimately the LeForge’s legal counsel folded under the defense counsel’s bully and delay tactics leaving the LeForge’s to fend for themselves.
It’s bad enough when the mortgage industry kicked thousands of families including military personnel out of their homes using manufactured, forged, and illegal “robo-signed” documents, but to use the same methods and tactics to abuse families who owed nothing to the these Banks is a real travesty and crime. The evidence the LeForge’s retain against the bank is so damning and so obvious, the Bank saw a way out through a bogus settlement agreement and took it, knowing they wouldn’t have to honor the Settlement Agreement. The LeForge’s never had a chance against these criminals. The LeForge’s are asking for a formal investigation into the criminal activities that have taken place throughout their ordeal.