Wednesday, March 23, 2011


Recently a WAMU borrower, Mrs. Doe, lost her family's home in a foreclosure sale while her husband was serving outside the country in a war zone.  The Doe family were then evicted from their Northern California home. Sgt. Doe came home from the war zone to move the family into a small rental and then returned to the war zone.

Meanwhile Mrs. Doe and their children were still reeling from their own war and were trying to put a good face on the situation and start over as best they could -- with courage and determination.

This week Mrs. Doe rather innocently stumbled into a situation and gained some interesting information that I wish to bring to your attention -- with a word of caution.

Mrs. Doe during her forced downsizing found need to buy a smaller sofa to fit into the modest rental.  Through Craig's List she found the appropriate furnishings at a cost of $200.  Mrs. Doe attempted to negotiate but the seller was not interested in bargaining with her.  She just wanted what she wanted. The seller refused to budge on her price, not even after she learned of Mrs. Doe's economic plight.

During the meeting to consummate the purchase at the seller's residence, after being questioned by the seller, Mrs. Doe revealed that she had been victimized by WAMU through predatory lending and fraudulent acts and that the bank had foreclosed on her while her husband was serving in Afghanistan.  The adult female seller revealed that she is an attorney who represents a "big major bank" in foreclosure litigation.  Her husband stated that he was employed by a "big major bank."  Neither disclosed the name of their respective bankster employer or client. 

Because there was a toddler in the house and because Mrs. Doe was in the seller's home, she chose to be polite and respectful no matter how upsetting the conversation became.

The female attorney,Mrs. Strong Arm of the Law, became quite dramatic with her statements and gestures -- she kept covering her face with her hands and groaned and grimaced.  She warned Mrs. Doe that litigation would be costly and futile -- that she should not pursue litigation -- that it was unwise -- that the borrower NEVER wins.  She did this several times.  Mrs. Doe in response cited some of the fraudulent acts WAMU and JPMorgan Chase had perpetrated, when the attorney's husband, Mr. Strong Arm of the Bank, asserted that Mrs. Doe could possibly have a fraud suit against her bank.  Mrs. Strong Arm of the Law shot Mr. Strong Arm of the Bank a menacing look that Mrs. Doe interpreted as "Keep your big mouth shut!"  He remained docile from that point forward.

The final lob that Mrs. Strong Arm of the Law hurled at Mrs. Doe was a humdinger, one meant to harass and intimidate Mrs. Doe and anyone with whom she might speak about this chance encounter.

Mrs. Strong Arm of the Law warned Mrs. Doe that the banks are now conducting investigations into every borrower who becomes a litigant in a lawsuit against the banks.  This includes digging into the borrower's past and present, following the borrowers, photographing the borrower and family members, and even tailing them.

Such behavior is menacing and intimidating.  Do not allow the bank to harass you like this.  You have legal rights.  The Bar Association frowns on such tactics.  Do not let fear override your right to due process.
Word to the Wise:

In the event that you or your family members observe any suspicious behavior, let me admonish you to become an activist in defending your family and yourself. Take photos of the perpetrators. Get witness statements. Make notes of the times, dates, places and suspicious activity. Keep a log, a journal. Most importantly file a Report of Suspicious Activity with your local police department; get a copy of the report for your records. Notify the attorneys through your own attorney that you know you are being watched; report the attorneys for the bank to the Bar in your state.

1 comment:

  1. A soldier cannot be foreclosed on while on active duty, absent appointment of counsel by the Court and only with Court premission. This principle as made Statute law in 1942 under the Soldiers' and Sailors' Civil Relief Act, later updated during the Reagan Administration as the Servicemembers' Civil Relief Act. The actual sale is void, the house can be reclaimed, and the trustee who conducted the sale sued for substantial damages. You can also explore criminal charges, including trespass, against the trustee and any buyer. Sue the bastards.