Author Archives: spiritual2009

ElderAbuseHelp.Org: Judges: Operational Details Unveiled

ElderAbuseHelp.Org: Judges: Operational Details Unveiled.

Monday, September 14, 2009

Judges: Operational Details Unveiled

by Janet Phelan as published in the *Bernardino County Sentinel

Several years ago, all of the county’s probate and conservatorship cases [SAN BERNARDINO, CALIFORNIA] were moved to Redlands Courthouse and most of these cases were subsequently heard by Judge Welch.

Recent documents obtained by the Sentinel point to suspicious financial activity by Welch, who at one point in time was the presiding judge of San Bernardino County. Welch was featured in an article in the Sentinel on June 12th of this year in a lengthy exposé regarding questionable business practices by Melodie Z. Scott, a professional fiduciary and conservator for the elderly. Scott is President of C.A.R.E., Inc., located at 25 E. State Street in Redlands, right around the corner from the courthouse.

The activities by Scott cited by the Sentinel as questionable involved giving conservatee property to her own family members, overcharges on her clients’ accounts, missing monies from clients’ accounts, selling conservatee property at bargain basement rates only to have the property jump in value and sell the next year, withholding medical care from conservatees resulting in death and allegations of possible undue influence on judges.

The documents uncovered relating to Judge Welch reveal that he has mortgaged his primary residence, located in the 300 block of La Colina in Redlands several times in recent years, encumbering it with loans which could not possibly be paid back on a judge’s salary in the brief turn-around time indicated by the reconveyances (repayment of loans). The document numbers and the size of the loans follow:

In 1998, Welch and his wife, Ginny, took out a loan for $217,200 on their La Colina residence, which was fully paid back in March of 2003. The reconveyance document number attached to this transaction is 2003-0173087.

In February of 2003, James and Ginny Welch took out another loan on their residence, this time for $234,000. This was fully paid back by June 10, 2004, as listed in document number 2004-0410928.

Another loan was taken out by the Welches on May 17, 2004, as listed in document #2004-0353533. This loan was for $358,965.71.

Messages were left with Welch’s secretary, inquiring as to where the money was going and how he was paying these loans back. The possibility that Welch was taking out loans and investing the money, then paying back the loans with the proceeds was considered and discarded. For the last seven years, Welch has reported to the Fair Political Practices Commission on his form 700 financial disclosure statements that he has no investments.

A query was also left with Judge Welch’s secretary as to three property transactions recorded in neighboring Riverside County, attributed to a “James Michael Welch, Trustee.”

Judge Welch has declined to comment. Presiding judge Jim McGuire issued a terse letter on August 12th, 2009, in response to an inquiry from the Sentinel about the Welch loans and Riverside County transactions. McGuire stated:“Please be advised that I have received and reviewed your letter of August 11, 2009. Please be further advised that I am an administrative presiding judge and, therefore, my review jurisdiction is limited. Nothing contained in your letter is of a nature over which I would have review jurisdiction. Any request for review or investigation by me is, therefore, denied.”

There has been no confirmation or denial from the court as to whether Welch’s exodus from his probate assignment in Redlands had any bearing on the recent media scrutiny given his actions as a judge or his apparent bias towards cases involving Melodie Scott, who recently launched a legal protest concerning the denial of her fiduciary license by the California Professional Fiduciary Bureau.

This practice of judges taking out large loans appears to be widespread and crosses county boundaries. Information gathered on Commissioner John McCoy and Judge Sharon Waters (both of Riverside County) has recently been turned over to a Riverside County district attorney investigator, Jeff Chebahtah. While Chebahtah has acknowledged receipt of the information on the Waters and McCoy loans, he has at press time refused to assign a complaint/case file number. The practice of accepting evidence and refusing to assign a tracking number has been previously explored by this reporter in an article entitled: “How the California Justice System covers up crimes against the elderly: A method to themadness” and appears to be deployed when either the matter is too trivial for the district attorney to take seriously or when there is a political agenda to keep the report out of the system and thus not to investigate at all.

Parenthetically, both McCoy and Waters were recently and consecutively removed from an active case in Riverside Superior Court, following a protest lodged that the loans smacked of pay-offs or bribes.

In San Bernardino County, Judge Steve Mapes ascended to the bench in 2007 and currently sits on Barstow court, following his tenure as an deputy district attorney in San Bernardino. Mapes has also been involved in the loan program, apparently going back to 1998, when he took out a loan on his home on Patricia Drive for over $155, 000. He subsequently took out further loans on his property, including loans for $100,000 in 2001 and 2002, another loan for $307,500, also in 2001, one for $88,500 in 2002 and a loan in 2004 which was in excess of the value of the house, recorded at the tax assessor’s office as $427,528. This loan was taken out for a resounding $493,000.

More recently, in 2006, he again borrowed money against his property. Since 2001, Judge Steven Mapes has received seven different reconveyances on his loans.

*Page 1 of this week’s Sentinel features a story on several members of the California judiciary who are taking out numerous large property loans and paying them back in record time. There are unanswered questions as to the reason for these loans: where is the money going and –most importantly– who is paying these loans off? This is the first in a series of articles examining the finances of the California judiciary and other public officials.

Related Stories by Janet Phelan : How Conservatorships/Guardianships Are Used as Tools of Theft and Corruption

What do these case decisions mean? « Livinglies?s Weblog

What do these case decisions mean? « Livinglies?s Weblog

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Predatory Lending

Bankrupt Washington Mutual now owned by JP Morgan does not get much press about their prior predatory lending practices.  This story in the NY Times ‘Going Begging’ illustrates a few things.  One is that even when properties go on the auction block they are not often getting sold.  The second and most important it how did a loan this large with a second done by the now infamous predatory lender Wells Fargo get done?  The reporter JOSH BARBANEL at the NY Times seems to pick on a few of the oddities of banks lending practice but fails to ask the real question brought up at the end, how and why did this loan ever get done in the first place?  Not to put all the blame on the reporter because this seems to be the norm in America right now.  Reading a story like this almost always seems to put the blame on the borrower, with little or no responsibility by the lenders.  Pretender lenders who just gave out loans to increase their bottom lines, knowing full well that in the end the loan would not be paid and they would again increase their coffers (or is that our home coffins?) when the home was taken in foreclosure and auctioned off?  If you think all is lost keep reading this site and other site like Neil Garfield’s Living Lies. The truth is being told here and there that you can fight and keep your home from the deceptive pretender lenders.

Wake Up Call to Homeowners Facing Foreclosure

You would think that tens of thousands of home owners would be in court standing their ground and just asking some simple questions about why anyone has the right to take their families home.  But they are not.  Just look at the sad statistics.  In the last 3 years 6 Million homes have been taken mostly illegally.  This number is only going to increase in the coming months and years.  I do not have the exact number of  cases were people are exersising their rights but by some estimates it is less than fifty thousand!  Why do you think this is the case?  We believe like most things in life people are just to dependent on getting the information they need from main stream media.  Niniety percent of the major publications, TV and Internet sites have next to nothing about all the fraud going on in banking, government and big business in gerneral.  Get on the net and think for yourself.  Ask questions in search engines like, “foreclosure help” ” Can I save my home” and many other terms and phrases will bring you a wealth of information not found on TV or major publications.  If you have questions call Robert at 860-599-5557

Call to Arms: Wells Fargo Class Action possible on Mortgage Servicing/Holder-in-Due Course Fraud, Securitization issues?

FEDERAL CASE AGAINST WELLS FARGO

Currently I am the sole Plaintiff in a lawsuit against Wells Fargo in US District Court in Boise Idaho. The suit, like many of the others I write, is for Quiet Title to my property located in Caldwell Idaho. My assistant, Peyton Freiman, took it to the Court for filing in September along with an Application for Temporary Restraining Order, regarding which the Court immediately ordered a three hour hearing set for October 28, 2009.  Usually the decision on whether or not to grant a TRO is made in a manner of minutes in chambers. But, on this particular occasion, given the current economic climate, distrust of banks and maybe the individual language used in my pleadings I have been given a great deal of time to make my case for injunctions against Wells Fargo as we continue onward into Discovery and finally a trial. Hopefully this is a Court that realizes the seriousness of the matter and is giving me more time as a result, not simply a scare tactic to make me have second thoughts. Either way, I plan on being as prepared as ever to argue the issues in my pleadings.

I realize that this is a great opportunity and extend the option to anyone reading this who also has a loan out with Wells Fargo to intervene and join as a co-plaintiff in this case in Idaho. It would be a great strategic advantage  to have a massive list of Plaintiffs going into this hearing to give added weight to my words and possibly gain class action certification as a result.  To obtain certification under Rule 23 of the Federal Rules of Civil Procedure, there has to be at least one claim and issue regarding which all class members have identical claims. They have gotten very strict about that recently, it seems.  So class action status as a co-plaintiff we would need to talk about what issues there are in common and whether we can make identical claims for damages, injunction, or declaratory judgment.   In other words, there’s a difference in drafting issues of a different kind here: tailored issues for class certification and designation of one representative as “typical.”  We will also have to get a lawyer representing everyone’s claims in this action.  There is nothing specific in Rule 23 that says you have to have a licensed attorney.  Rule 23(a)(4) requires that “the representative parties will fairly and adequately protect the interests of the class, while Rule 23(c)(2)(B)(iv) states that “a class member may enter an appearance through an attorney if the member desires.  Almost decision I have seen, however, requires that a class be represented by a licensed attorney and I’m not sure this is the place to try to challenge that issue, although it may be.  I’m open to discussion on that point.  The Court’s discretion to impose the requirement of a licensed attorney springs from Rule 23(d) (1)(C) “In conducting an action under this rule, the court may issue orders that….impose conditions on the representative parties or on intervenors.”

For the time being, and I’m writing this as of September 30, 2009: I issue this “Call to Arms”—Will everyone who believes they have been defrauded by Wells Fargo in regard to the servicing or modification of a mortgage note or mortgage contract signed after January 1, 2000, or who particularly believes that Wells Fargo is no longer the “holder in due course” of their note, or has otherwise acted in a manner inconsistent with “privity of contract” contact me through Robert Ponte at 860-599-5557?  It would be easier to start out with people in the Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, and American Samoa, but we have another anchor state in Florida and still others in Massachusetts, Maryland, and Michigan where parallel actions could be filed.

I’d ask this:  I am working on the lawyer, are you, dear reader, willing to work with me?  If you want to know more I am willing to forward on the complaint, essentially the damages are “holder in due course” issues, which I talk about frequently on this blog. In short, if you think that somehow you and I don’t share the same kind of damages or allegations of material fact please think again: we are ALL being duped by big banks who have no idea where our original notes are. So, think about it and contact me if you wish,

CEL III

MERS getting whats coming to them NOTHING!

Read another great opinion about the thieves called MERS and their cohorts aka  banks or servicing companies.  The tide is turning and more and more websites like Neil Garfields are getting out the real story.  Send this story to as many people as you can.  Hundreds of thousands of Americans are being kept in the dark about their options by main stream media.  You can save your home from being foreclosed on.  Call Robert now to find out more 860-599-5557

Landmark Descision Opens Door for 60 Million Homeowners

Read here what is just starting to get out in the media about the Kansas court case defeating Mortgage Electronic Registration Systems aka, MERS.  You will see them listed on your foreclosure papers as a Nominee supposedly giving them the right to foreclosure and take families homes.  Start reading it all and contact us or Neil Garfield or anyone to help you save your home now.  The Tide has Turned, only if try.  For help now or more information call Robert 860-599-5557.