Casualties From New Orleans’ Ineptness and Corruption Are COMING TO A CITY NEAR YOU: Some Are Sick Yet Lack Medical Records, Impoverished, Lonely, Angry, Troubled, Grieving, HIV Infected, Domestically Embittered, Child Molesters, Scared, Unskilled, Suicidal, Drug or Substance Abusive, and Crime Prone Hurricane Katrina Migrants
(written January 2006)

Introduction

My opinion is based on facts, but I don’t consider myself as knowing it all. I am a New Orleans, Louisiana African-American displaced evacuee. I am writing to state unimpeachable, precise details and facts to prove how reprehensible political corruption, as well as the apartheid situations highlighted during the hurricanes and floods, subsists because of corrupt Federal and State Courts in New Orleans. (Indeed, not all New Orleans courts are corrupt.) This is an excerpt from a larger upcoming publication. Because of the urgency of the facts, this is a rushed excerpt of what is to follow. I am writing with vulnerable people in mind; victims of New Orleans (and Louisiana) corruption, elitism, tyranny, and racism. Also, hopefully this input is helpful for the decision about combining the criminal and civil New Orleans court systems, and modification of the city’s Assessors’ Office.

The “Baker bill,” and the Questionable Request for FEMA’s Evacuee List

In New Orleans what becomes made legal is not always lawful. Privacy invasion supposedly for voting purposes, when Secretary of State, Al Ater obtained FEMA’s evacuee list, is an example. Since voter turn-out was not up to par when people were not displaced, voting is not a priority for displaced people who don’t know where they will reside. However, so that more people can return, the Mayor could use that list to notify evacuees about how New Orleans will work with landlords to decrease rent gouging. A rent subsidy could help.

Less-known officials, Mr. Ater and Mr. Richard Baker are now being heard from, in contrast to usually ‘forefront’ Louisiana officials such as Mary Landrieu, Jim McCrery, David Vitter, Bobby Jindal, and Ken Hollis. It seems as though they have been inserted for placating justified nationwide disdain about Louisiana corruption.

Mr. Baker’s “bill,” to buy hurricane-damaged homes (immovable real estate) appears to be synonymous with immovable seizure, or eminent domains. Even though property owners could be offered –rather than forced to a buyout, agreeing to the buyout may not guarantee a fair outcome, as the amount offered may not to be the amount expected. Moreover, in New Orleans, compliance with bills or laws is not a sure thing.

Also, after consenting to the buyout, requirements for a new mortgage loan may be more stringent than prior years when property owners obtained their mortgage loans –prior to medical debts, employment loss, deaths, or divorce. Further, the bill could strip away people’s right to choose who would be their mortgage lender; and the bill could possibly result in higher interest rates. Yet, for some displaced people who have acquired a post-Katrina mortgage elsewhere, the bill could be ideal; and it is true some people are on the brink of foreclosure.

On the other hand, Mr. Baker might have unwarily been procured for the objective of concealing –as well as (perhaps unknowingly) furthering the RACKETEER ENTERPRISES associated with movable / immovable properties and the New Orleans Judicial Court systems. Those enterprises are fully explained below under the heading: “White collar crime.”

The ongoing Louisiana PROPAGANDA attacking President Bush’s job performance relating to New Orleans aid (aside from whatever else he is being blamed for) is more than insulting to the intelligence. Other cities Gulf South cities affected by the hurricanes and floods are not so concerned with mind indoctrination as to who dropped the ball.

As people are getting kicked out of hotels and unable to find places to live, the public needs to hear more pronouncements about what is Louisiana doing about that. And money being spent by Louisiana officials for a visit to the Netherlands, and a PR firm, and for legal costs arising from repeated violations of people’s Constitutional rights, could have been used toward hotel or rent gougers.

The fact that I’m from New Orleans does not make me absorbed with only its problems. Furthermore, I emphatically believe that the years of New Orleans corruption has, and continues to harm people as much as hurricanes. Louisiana officials need to spare people of the bunk! And stop insulting people with poppycock about what anybody else failed to do, when it is blatantly clear that for many years Louisiana failed and refused to mitigate poverty, illiteracy, and local oppression! Katrina exposed what has been existing in New Orleans, and growing increasingly worse –thanks to public officials’ misfeasance who remain on payrolls!

For other cities, what matters most is that help comes ASAP. Those Louisiana cities, as well as Mississippi rightfully so, lament that New Orleans’ problems overshadows theirs, and consume media attention.

Corruption and Shame/Blame -Slut / Nut

Prior to Katrina, the “Operation Wrinkled Robe” investigation resulted in numerous political corruption convictions, which included former judges, Ronald Bodenheimer and Alan Green. More than ever, a thorough investigation of New Orleans’ court systems is crucial. Otherwise, malfeasance from wrinkled robes will continue. Reporting judicial misconduct (to a committee), results in reprisals and effective cover ups. However, public exposure ensures better vigilance and remedies. Although corruption likely exists elsewhere, as the details below demonstrate, I am writing about corruption I can prove.

Shame / Blame - Nut / Slut is a political tactic that is used to discredit certain issues and certain people. It works like this: Blame / Shame FEMA, but hail Governor Blanco. Shame / Blame, President Bush concerning Hurricane Katrina, but excuse New Orleans Mayor Nagin’s mistakes. Shame / Blame, unseated former New Orleans Judge C. Hunter King’s meager infraction, in comparison to perpetual despotic actions of current New Orleans federal judges Lance Africk and Douglas Dodd. Shame/Blame, Dr. Carl Bernofsky and Rev. Dwight Webster, but conceal questionable activities involving Tulane University and certain federal judges. (See Dr. Bernosky’s revelations about Tulane & New Orleans Federal Court Judges through the “Citizens for Judicial Accountability” website at, www.judicialaccountability.org/linksofinterest.htm) Shame / Blame, former assessor, Pat Johnson, but muffle incredible assessments by assessor, Betty Jefferson (sister of Congressman William J. Jefferson, who is the brother-in law of convicted former judge Alan Green.) Shame / Blame, people who oppose judicial tyranny, but honor Sheriff Paul Valteau’s racketeering enterprises, and abetting mortgage fraud. Shame/ Blame, Jesse Jackson, but disregard leaders who involve themselves with legislative niceties while grasping grasp as many perks as possible, rather than involvement with meaningful remedies for displaced “Ninth Ward” evacuees. (The slut /nut tactic is used clandestinely, rather than outright.)

Governor Blanco’s office is to blame for e-mail(s) regarding Congresswoman Maxine Waters, while muffling facts about Congressman Jefferson using a rescue boat to go to his unflooded home while people waited on rooftops to be rescued from the Katrina hurricane floods. Also, shame on Mr. Jefferson’s ally, New Orleans D.A. Eddie Jordan (a former New Orleans U.S. Attorney). Mr. Jordan’s firing of Caucasian employees caused millions of dollars in damages against New Orleans. But worse, Mr. Jordan’s advocacy for his subordinate, constable candidate Richard Chambers Jr., after Mr. Chamber was sued for being over $11,000.00 arrears in child support, is offensive. I don’t have to have children to know Mr. Chambers’ failure to perform the job of prosecuting delinquent child support cases –and his personal delinquency is misfeasance. And I don’t have to have a child to be troubled abut seeing impoverished babies and children trapped during the floods.

Ninth Ward residents who disagree with bulldozing their properties were blamed, yet people who refuse to cooperate with FEMA trailer placements were not blamed. Also, (akin to the woman who told Mayor Nagin Mardi Gras is for White people) I believe that New Orleans’ underlying goal concerning the trailers is because, for restaurant and hotel tourism, blue collar displaced workers are necessary.

Furthermore, in the same regard as it would be insulting for a Black person to write a statement declaring that he / she is an Uncle Tom, it is an insulting insensitivity for District Attorney Jordan to hold blameless assistant D.A. Chambers’ refusal to perform the job for which he was hired; and of which countless minor children were in dire need for Mr. Chambers to enforce the child support laws.

In accordance with established laws, not only is Mr. Chambers under compulsion to enforce those laws, those laws mandate jail time for Mr. Chambers, as well as other dead beat parents. Mr. Jordan’s endorsement is an affront to every person pictured in the Katrina disaster, who have little hope if nothing is done about the very person (Mr. Chambers) who gets paid to do a job of which he clearly does not believe in.

Elements of New Orleans Apartheid

Apartheid, a policy of exclusiveness in ethnicity, or class, or race is largely associated with third world places. Fundamentally, apartheid produces poverty and illiteracy; and it leads to crime and social atrophy. The segment of apartheid in New Orleans was exposed through Katrina. New Orleans apartheid is mostly kept in place because tainted judicial decrees become supplied in furtherance of unethical political agendas.

Along with the apartheid mix, are difficulties in paying bills, oppressive (and worrisome) illegal debt collections, and lawless court rulings. On January 2005, under Title 15 of the United States Code §1692 in the “Congressional findings” section, abusive debt collection was reported as being “a devastating social issue.” Also, according to the Federal Consumer Protection Agency, poverty is a key factor of disintegrated households. Hence, New Orleans’ poor people. Furthermore, it is no coincidence that a “Google” search on: “poverty” and “Louisiana” generates millions of listings! Louisiana and Mississippi are the top poverty States. (Both states sustained the harshest hurricanes and flooding devastations.)

Although New Orleans’ corruption and fraud is not unique, New Orleans’ apartheid infection is now interspersed to countless United States cities. For that reason, evacuee problems and situation that have come or will come to a city near you should not be dumped on sheltering cities without New Orleans partaking in aiding the needs of its displaced evacuees. (Of course, skilled, educated, prominent evacuees were also displaced; and their difficulties and challenges also merit prayers and assistance.)

Illustrative of effects of exclusivity, during the federal discrimination lawsuit against D.A. Eddie Jordan and the City of New Orleans, plaintiffs testified about how wronged and demeaned they felt. They told about unrelenting worry, sorrow, fear, humiliation, inability to pay bills, outrage, and uncertainties that stripped them of their quality of life. What those fired employees described is what impoverished people are all too acquainted with. Impoverished people live day in and day out excluded, stressed, sorrowful, uncertain, and worried.

For the haves nots, judicial inequities further apartheid. Even if there is no clear law about a subject, basic ethics and fairness should undergird justice. In other words, when court orders become rendered which violate fairness and ethics, it can be concluded that an error has been made, or an intentional perversion of justice (corruption). In either regard, justice is denied. And when the same judge makes the same error, an inference can be made that the ruling is either intentional disregard for equity, or blatant ineptness. (Court and Judicial are being used interchangeably.)

Definitions:

In New Orleans, the have not could be someone who has not sufficient knowledge about the issue at hand, or has not financial means, or has not resources, or has not elite status, or has not deviousness rival with adversaries, or has not exercised diligence to avoid being exploited, or has not emotional stamina to endure tyranny, or has not an interest in continuing to pay legal costs for a case that lasts too long, or has not the courage and capacity to defend himself.

Prior to Hurricane Katrina, the “Orleans Parish Civil District Court,” was located at 421 Loyola Avenue in New Orleans, and was comprised of: Judges, law clerks, court criers, civil sheriffs, minute clerks, record room staff persons, record room filing and docket clerks, commissioners, conveyance office, recorder of mortgages office, ad hoc staff and judges. The Orleans Parish Civil District Court is also known as “State Court.” My meaning for “New Orleans Court System,” includes all of the foregoing State Court entities AS WELL AS lawyers and paralegals interacting within that Civil District Court. The “Federal Court System,” I am referring to are the “Eastern District” Federal Court federal district judges and federal appellate judges, clerks, marshals, lawyers, and magistrates who operate from the locations of 500 Poydras Street, and 601 Camp Street, in New Orleans. By saying “New Orleans Court Systems,” I mean BOTH the Federal Courts and the State Courts that were located at those addresses. (Some court system departments have been situated elsewhere due to Katrina and flooding.)

New Orleans’ Infection of Corruption and Poverty

In cities near you, sundrily unfortunate outcomes are comprised with the complexities of evacuee circumstances. It is becoming a common occurrence to read or hear about community dismay, and crime and overloads of city budgets; and some evacuees who have no jobs. Housing discrimination complaints are popping up, as well housing discrimination lawsuits; and countless evacuees are worried about eviction. In fact, some evacuees feel hopelessly homicidal and suicidal like in the city of Grapevine, Texas where official reported a murder-suicide of three Katrina evacuees facing eviction.

Hospitable cities’ manpower and financial resources become strained (public schools, law enforcement, hospitals, courts, etc.) as New Orleans’ substance abusers, child support, child custody, and juvenile cases arrive on city court dockets. Also, are the facts of rapists, and scores of HIV-infected Louisiana evacuees migrated to other cities. * An article about New Orleans’ HIV evacuees can be found in Newsweek, December 12, 2005.

Adding insults to hospitable cities, the Not-In-My-Backyard folks who opposed the placement of FEMA trailers in New Orleans show that compassion is not an automatic trait. Even Mayor Nagin has on more than one occasion stated that New Orleans is a city of haves and have nots. The New Orleans’ pursuit of ‘the good life’, and ME-FIRST mentalities; and the ‘deep pocket’ business represented by a corrupt attorney is demonstrative of reasons for New Orleans business decline, and lack of jobs.

A court of law is supposed to provide justice. In contrast to the federal court plaintiffs who were fortunate enough to acquire adequate legal representation, people who don’t know what law was broken –or people who are unable to obtain representation have dim hopes of redress. In such instances, the unspoken retort is: “Suck it up” and move on with your life. However, some people are unable to “move on” when unredressed indignities are grievous to them. Thus, social atrophy and crime is not implausible.

Typical civil court cases includes child support obligations, workers’ comp, divorce, discrimination, alimony, child custody, lawful and *unlawful debt collection, and partition after divorce, etc. But, there are also non-typical cases such as the post-Katrina cases whereby landlords obtained ex parte court orders to evict their tenants despite the fact that the Mayor forbade access to the city! What is common to such court cases is the likelihood of injustice and the capacity to obtain from a judge, a court order which violates correctly established jurisprudence.

Partitions, divorce, alimony, custody, child support, probate cases also become unduly costly to the heart and spirit of litigants when dog-eat-dog attorneys and unethical judges are in the mix. Moreover, undue hatred among family members, especially domestic litigants occur when opposing parties are misled to believe that the other is responsible for a long-drawn, costly case. (Also, please see February 22, 2204, The Times Picayune news article entitled: “Plan would decrease bitter court battles.”) *Especially in domestic cases, the corrupt lawyers and judges are nemeses for children being without parental visits and child support payments.* HOWEVER, as delineated below, a most profitable money-making corrupt court event evolves around üpredatory “HOEPA” loans, üunfair debt collections, üunlawful confiscation of property, and ümortgage fraud.

Similarly, there needs to be an investigation of bankruptcy court! Countless New Orleans people were being lured by attorney TV commercials to file (repeated) federal bankruptcy cases –of which did not get confirmed. Moreover, lawful, as well as fraudulent ‘lift stay motions’ were granted by the sole Chapter 13 bankruptcy judge. Also, some people actually had legal grounds to file adversarial proceedings, (for instance, 11 U.S.C.§ 544, allows a debtor to “avoid” an “unperfected” security lien) but debtors were not informed by attorneys who prepared those cases. (Extensive details about records, transcripts, and information about bankruptcy court and Judge Douglas Dodd are contained in the upcoming completed publication.)

Mortgage Fraud- The White Collar Crime, and Unfair Debt Collections

For people fortunate enough to not encounter white collar crimes associated with mortgage fraud and ruthless debt collection, the subject is murky and seemingly unfounded. Yet, a “Google” search of the terms: “mortgage fraud + foreclosure” and “unfair debt collections” could wound up being at least a day’s worth of reading on the Internet. An effective method for concealing New Orleans mortgage fraud is because of “cognovit clauses” (confessed judgments).

**Narrowly defined, mortgage fraud is erroneously perceived as merely misrepresentations regarding questionable buy and / or sell transactions real estate transactions affecting a borrower and a lender. However, Departments of Justice U.S. Attorneys are revealing mortgage fraud as much more extensive. In New Orleans, elements for successful mortgage fraud are: straw purchasers, straw buyers, insiders, foreclosure fraud, fraudulent conveyances, unfair debt collections, fraudulent act of sales, invalid deeds, mail and wire fraud, and unethical attorneys and judges. More specifically, New Orleans corrupt judicial abuse of “confessed judgments”and disregard for Fair Debt Collection Laws **illustrates why –if the “Baker bill” becomes passed, safeguards are needed to avert that bill abuse.

Because of numerous and unfolding nuances to mortgage fraud, seminars are held to educate about this staggering white collar crime, that creates shocking results for the national economy. Because of the fact that the nature of fraud entails concealment, all of its activities and participants are not readily detectable without investigation. But, some methods of New Orleans mortgage fraud are obvious and confirmable, as more fully divulged in this essay (and other leads should surface upon investigating facts as they come to light).

A fast-growing White Collar crime, mortgage fraud costs industries billions of dollars; and mortgage fraud is not limited to residential mortgages. Within 2 years, in Dayton and Cincinnati, Ohio, U.S. Attorney, Greg Lockhart, reported that mortgage fraud caused losses of more than 200 million dollars. The following instances of mortgage fraud in other cities show some of the factors are involved.

In Detroit, Michigan, Special FBI Agent, Daniel D. Roberts (stating that mortgage fraud is an escalating problem) and U.S. Attorney Stephen J. Murphy investigated and charged 20 people with mortgage fraud. In Atlanta, lawyers Russell H. Hippe III and Sharel L. Payne were arraigned before U.S. Magistrate Judge Janet F. King on mortgage fraud charges. Further, Senate Intelligence Committee, Federal Bureau of Investigation Director Robert Mueller III has extensive intelligence on the subject.

Pervasive instances of mortgage fraud have been discovered in Arizona, California, Colorado, Florida, Georgia, Maryland, Michigan, Missouri, Nevada, Ohio, and Utah. For more in-dept information about mortgage fraud, see these lawsuits: ABN AMRO Mortgage Group vs. Promised Land Mortgage LLC, et al., (Indiana 2005); Prime Time Mortgage, Co., et al., vs. Flagstar Bank, FSB, et al., (Ohio 2005); United States v. Winthrop Thies, (New Jersey 2004); United States v. Maritza Ellis, (District of Columbia 2005); and United States, v. Reginald Owens, (Chicago).

The illegal property seizures and illegal auction sales being conducted in New Orleans, ensures success of mortgage fraud schemes. Approximately several hundred illegal auctions and property sales have occurred within a three-year time frame!

Toward detecting New Orleans court corruption, narrowing numerous facets of the broad network sheds light on who participates in court corruption and what are their roles. New Orleans mortgage fraud / illegal seizure scheme begins with “confessed judgment,”and a repossession lawsuit. (Many states have banned “confessed judgments”.) For even more clarity, research by “Googling” “predatory lending” and “confessed judgments.” OR www.povertylaw.org/legalresearch/manual/Consumer.pdf).

The Fair Debt Collection Practices Act (FDCPA) was enacted within Consumer Protection Laws to protect consumers from victimization by unscrupulous debt collectors, regardless of whether a valid debt actually exists, and imposes liability for violating the FDCPA. However, corrupt courts ignore FDCPA.

Also, the Consumer Credit Protection Act, in pertinent part, under the heading: “Congressional findings and declaration of purpose,” released on January 8, 2005 of the United States Code, chapter 15, sections 1692, stated: “There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.”

An agency or a lawyer can be a debt collector. But a lawyer is legally authorized to file court proceedings for collecting a debt. The most profitable debt for collection is property; and the top property is real estate. Hence, the origins of countless deceptive money-making judicial cases. Further, although false, deceptive, or misleading representation in connection with collecting a debt is prohibited by Fair Debt Collection law,15 USC§1692e, that does not curtail its rampant abuse in New Orleans courts.

A consumer is correct to expect the enacted laws to be enforced! Furthermore, as it pertains to predatory loans, consumers are not supposed to have to know truth in lending laws (TILA) in order to avoid victimization. Further, in New Orleans, especially if the consumer is a Black person, it is not likely that consumer’s rights will be upheld in either Federal or State Courts.

*Especially as it pertains to real estate seizures, few indigent people know about Consumer Laws; and not many know what Louisiana’s unfair trade practice law called LUTPA is supposed to do for them. Also, if by chance a court case was allocated to a possibly fair judge, via “forum-shopping” maneuvering such a case gets transferred to a corrupt, and / or inept court. (There were two New Orleans class actions because of Unfair Debt Collections and illegal property seizure schemes. I have not had the time to follow those cases entitled: Bauer v. Dean Morris, CDC 2004-17015, and Bauer v. Dean Morris, CDC 2005-02175. Also, please see December 15, 2004 Times Picayune article entitled: “Homeowners sue law firm, mortgage lenders. . .”).*

For proof of unlawfully auctioned New Orleans properties, go to the Orleans Parish Civil Sheriff website at www.civilsheriff.com. After accessing the site, click “case inquiry” and “real estate sales list”to see properties -including the properties listed in this essay. (I have only listed some of the properties that were auctioned unlawfully, as well as unlawful contrived property deeds were recorded in public records.) Note: the case inquiry link leads to other links that tract the activities for that property.

After the success of an illegal auction including sometimes “straw buyers,”the fraudulent transfer of those properties enables the appearance of legitimate property transfer, but the whole scheme is unlawful.

In New Orleans, legal and lawful are not the same thing!

Had it not been for the *COALITION of activists who went to court on behalf of the people whose property was targeted for bulldozing, something would have again been made legal, although unlawful. (Mayor Nagin had announced a mandate for bulldozing damaged properties.) Such a mandate shows how what can become made legal, is not lawful. In New Orleans, something becomes legal based upon who issues the mandate, rather than based upon the statutes and the Constitution.

Yet, if people have no knowledge of applicable laws, people do know what or whom to oppose; nor do people who’ve lost everything in the hurricanes have money to pay a lawyer to represent them! Also, alarmingly, the bulldozing mandate could have been executed despite property owners are displaced, and outside of the city which precludes their raising opposition. *In light of various lawless rulings rendered by that same judge, it is good thing that the coalition’s intervention averted a crony ruling.

Also, even persons diligent enough to research laws in a library do not guarantee they will correctly comprehend the law (evidently, neither do some of the New Orleans judges, nor their staff). And sometimes, it appears that the mere nerve of a pro se litigant attempting to argue his / her lawful right becomes reason for arrogant judges to rule inequitably. Such are additional elements of New Orleans apartheid.

Further, most likely in the same manner as judges signed ex parte orders for landlords to evict displaced evacuees, it remains to be seen how many peoples’ court cases have also been tossed out of New Orleans courts, with no consideration for fact of displacement, nor consideration of due process notification, and no consideration for logistics of limited ability to travel to where the cases were being disposed of. In light of the city’s pattern of ignoring Constitutional rights, it is likely that the same theory used for ignoring the fact that people had no transportation to evacuate, was also used for tossing (dismissing) court cases filed prior to Katrina. Even worse is the fact that some people are not likely able to afford paying a lawyer to seek reinstatement of dismissed cases.

I have never met him, but I thank God for New Orleans attorney, Bill Quigley’s longstanding and untiring community advocacy. Mr. Quigley was a member of that coalition. Professor Quigley is the Law Clinic director and the Poverty Law Center director at Loyola University. In a one-month time period, Mr. Quigley’s immediate court actions on behalf of displaced people resulted in the justice requisite for those situations (bulldozing, etc.).

There is no denying that Mr. Quigley’s longstanding actions have been for the good of the public. And it should be an embarrassment to the City of New Orleans that not enough honor has been given to whom honor is due.

However, it is glaringly evident that a lawyer can get an ex parte (without both sides present) court order almost immediately. Wherefore, in light of certain judges whose signed orders irrefutably contrary to law –and contrary to justice; and downright corrupt, it is all the more urgent that court corruption be uprooted in New Orleans. Specifically, in light of court corruption, it is alarming that an unscrupulous lawyer can also obtain an ex parte judicial immovable and movable seizure order, or injunction, or lien on personal property; and publicly record that lien against a person without his / her knowledge or appearance to dispute it.

Paradigm of Irrefutable New Orleans Court Corruption

*Summarily, unjust court rulings are primary reasons for social apathy. In New Orleans, manipulating the federal removal statutes (28 U.S.C.§ 1441, et seq.) –along with cooperation from the Orleans Civil District Court is common. (See: Clerk of Court Dale Atkins, Killing Us Softly posted posted below on this site on 8/18/2006) * Moreover, aside from realities of corruption’s effect upon the plaintiff, a plaintiff attorney who pleads prima facie reasons why a judicial ruling should be rendered, yet they receive vilifying from certain judges, and their lives tied up with unduly protracted cases, sometime sell out clients, quits cases, perform poorly, and has personal crises.

Plausibly alcoholism, parking lot murders and suicides are linked to lack of court justice –nationally, as well as locally. To reiterate, honest attorneys who have been castigated by arrogant, corrupt, and inept judges can become dissuaded from good representation. Likewise, in order to keep receiving a paycheck, ethical court personnel are being forced to look the other way, as people are being railroaded from corrupt judicial rulings.

Stare decisis, is a Latin term meaning to stand by things decided; the doctrine of precedent. A court (a judge) should render rulings consistent with the current CORRECTLY-DECIDED case(s) when controversies are similar. A judge is not empowered to render capricious, biased, illicit rulings, which satisfy the judge’s preference.

A PARTICULAR SPECIES OF NEW ORLEANS COURT CORRUPTION is verifiable through accessing the Internet Website for the Orleans Parish Civil Sheriff at www.civilsheriff.com. The species of New Orleans court corruption involving fraudulent conveyances, fraudulent deeds, lawless judicial decrees, and so on occurs like this:

*The attorney (the debt collector) files an “executory process” lawsuit petition to repossess a certain real estate property. Attached to the petition is a document containing a mortgage between the property owner (the borrower) and the lender (the creditor), plus a promissory note, and plus some written portrayal the borrower is delinquent on mortgage payments. The “plaintiff” in this kind of lawsuit is the creditor; the borrower is the defendant; and the promissory note (also referred to as the security interest) contains the “confessed judgment.” [Due to the fact that promissory notes often become transferred (assigned) to a creditor different from the original creditor, the identity of the creditor for the promissory note may vary. HOWEVER, in order to be a lawful court case, the plaintiff must be the actual lawful creditor at the time the lawsuit is filed.] Within a day or two, the judge signs an “ex parte” ORDER to seize and sell that property at public auction.

In Louisiana executory process repossessions, the borrower is not afforded an opportunity to protest prior to the ex parte seizure order. The reason a debtor is not afforded an opportunity to defend against the ordered seizure, is because of a “cognovit clause” found in the promissory note. Because of the potential for abusing “cognovit clauses” many States around the U.S. prohibit “cognovits.”**

Remarkably, just as Hurricane Katrina landlords easily obtained court orders “ex parte” to evict displaced evacuees, the “ex parte” orders to seize and auction real estate property are granted with that same ease. In the instances of evicting evacuees, all that landlords needed to state (without proof) to the judge, is that his / her property sustained hurricane damage; and he / she needed to begin cleanup and rebuilding the rental property.

This method underscores the alarming reality that when an unscrupulous lawyer wants to use the courts to accomplish some aim –or to repossess a person’s residential property, that lawyer could easily furnish the requisite mortgage and promissory note, and even omit documentation of the property owner’s latest payment. If a lawyer does such a thing, it violates FDCPA and LUTPA.

Even more unlawful is when an unscrupulous lawyer files a repossession (foreclosure) lawsuit on (impossibly) behalf a creditor who no longer owns the promissory note, or (impossibly) on behalf of a creditor that is defunct prior to the initiation of that lawsuit. Because it is impossible to sue on behalf of an entity that does not exist or has no legal right in a matter, glaringly such repossession lawsuits are invalid. But in New Orleans courts, this practice is an everyday occurrence; and every Thursday, somebody’s property becomes auctioned illegally!

Even if the borrower truly is delinquent, it is fraudulent to intentionally file a repossession (foreclosure) case through use of a creditor to whom the debt is not owed. Furthermore, the FDCPA stipulates that the validity of a debt owed has not to do with the fact that it is unlawful to collect a debt via fraudulent methods.

Louisiana federal and state laws –like every other federal and state judicial systems, strictly requires that an action (a lawsuit) can only be brought (filed) by the party having real and actual interest in the matter- Louisiana Code of Civil Procedure article 681.

For the illegal seizures being cited in this essay, a mere identification of what mortgage creditor hired the attorney to file a court proceeding proves whose name should be on the foreclosure petition as the creditor plaintiff. (The plaintiff being the mortgage lender with a RECORDED LIEN on the property.) It does not require a real estate lawyer, or even a lawyer at all to see the glaringly obvious fact that a creditor who has authority to pursue a debt owed to the creditor would not need or want to use some name other than its own. However, in New Orleans that scenario elucidates the point that something made legal is not always lawful. Further, ironically, what is also common, is the easiness an attorney can get a judge to quash a subpoena which would identify the creditor who allegedly hired the collections attorney.

For purposes of discovering the validity of the repossession –in addition to discovering who hired the repossession attorney, a search of the public records for that property divulges the identity of the mortgage creditor.

Wherefore, if the mortgage creditor has sold its security interest, it is blatantly obvious that the repossession lawsuit is not only fraudulent, but that lawsuit must be dismissed because there can be no lawsuit without a plaintiff. Likewise, there can be no plaintiff if the plaintiff does not exist, or no longer exists. But in New Orleans corrupt courts, ‘Mary had a little lamb’ could be named the plaintiff, as long as a promissory note with a cognovit clause, is attached to the repossession lawsuit. Furthermore, that same deceptive unlawful, invalid foreclosure case, becomes presented to bankruptcy court to unlawfully obtain a “lift stay” for the completion of the unlawful seizure and mortgage fraud scheme.

To reiterate, the laws and statutes are absolute about the fact that no lawsuit is valid if it is filed by an entity that has no “legal standing” to bring (file) that lawsuit. The laws and statutes further stipulate that to ensure proper litigation between the correct parties, when the true plaintiff no longer has interest in that judicial controversy, the replacement party must be substituted. Notwithstanding, it is absurd to substitute a plaintiff when, in the first place, that feigned plaintiff had no “legal standing” to file that lawsuit.

Also, when fraudulent repossession occurs, the defendant (the borrower) is not the only victim. Losses to the borrower’s other creditors are a complexity. In particular, when a property is auctioned, the proceeds must be distributed to the borrower’s creditors consistent with the ranking of those creditors’ recorded liens. Unlawful repossessions cause companies that are not in confederate with the property scheme to become unduly deprived of proceeds from the auctioned property –which was an unlawful auction in the first place.

In New Orleans, the salient reason for evading the doctrine of “legal standing”, is for the achievement of mortgage frauds. The scheme starts out with fraudulent repossessions and “fraudulent representations” to the courts. Revelation of the goal to abet and to execute the frauds becomes obvious when, the judges repeatedly deliberately ignore the laws, and ignore the defendants’ evidence and demonstrations that fraud has been committed.

The New Orleans Sheriff’s Office is the most crucial participant for accomplishing fraudulent foreclosures and mortgage fraud. Sometimes it happens that a sheriff’s office might be oblivious of the fraud scheme. But such is not the case for the Sheriff’s Valteau’s Office. As proven by the facts of his fraudulent sworn statements for certain alleged auctions and certain unlawful property deeds that he submitted for recordation, Sheriff Valteau deliberately abetted illegal seizures and auctions of certain properties. A sample listing of those actual properties in on the next pages.

Not only had those properties not been lawfully repossessed, the transferring of ownership out of the name of the mortgage borrower’s name had not lawfully occurred; and according to law, the property owner yet retained ownership because something carried out counter to law is void. Also, from all appearance, another motive for ignoring the laws regarding property seizures and abetting the attorneys who commit frauds and various illegal repossessions, is cronyism, ego, malice, and racism. Further, even a sitting New Orleans judge or two has purchased these properties.

Recapitulating, whether or not the real estate property was destroyed during the hurricanes has nothing to do with the fact that court and public records irrefutably show a real estate transaction occurred for which money exchanged, and negotiable documents were created for that specific property –prior to Katrina. Such facts reveal that whoever owned that property was illegally defrauded, and the alleged auction sale was not valid; and therefore the property was not lawfully transferred out of that owner’s name.

For some of the properties, there was surplus from the auction sale that should have been given to that property owner as required by Louisiana Code of Civil Procedure article 2373. For other properties, those should not have been sold at all because there was no “second offering” of the properties as required by La. C.C.P. art. 2336. And for yet other properties, the property sale should not have occurred because it was not in compliance with La. C.C.P. art. 2337. Still, other properties that were sold should be rescinded as required by La. C.C.P. art. 2589.

However illegal sales of properties came about, the culmination of the scheme is when that property becomes put on the market and sold and bought through “straw” buyers and / or sellers. The public records from the “act of sale” will reveal this clever scheme.

For verification, the exact language of those laws is quoted below. However, even without reading or knowing the law, something is manifestly wrong with the disparities between the amount for which the property was seized and the amount for which it was sold. See the list below. Not only does the bottom line prove criminal activities concerning those properties, the unfairness of obtaining a court order to seize a residential property for an amount of $104,485.25, but in the absence of the owner, auction the owner’s residence for an amount of $10,800.00 is grossly unethical. This unlawful act occurred for Civil District Court Case # 2002-18097; the address is (was) 4804-06 Calliope Street. In all such instances, the property owner does not attend the auction because he / she is of the belief that he / she must pay $104, 485.25 –a stark difference from the mere $10,800.00 for which the property was recorded to some other entity.

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La. C.C.P. art. 2373:

After deducting the costs, the sheriff shall first pay the amount due the seizing creditor, then the inferior security interests, mortgages, liens, and privileges on the property sold, and shall pay to the debtor whatever surplus may remain.

La. C.C.P. art. 2336:

Property shall not be sold if the price bid by the highest bidder is less than two-thirds of the appraised value. In that event, the sheriff shall re-advertise the sale of the property in the same manner as for an original sale, and the same delay must elapse. At the second offering, the property shall be sold for cash for whatever it will bring, except as provided in Article 2337.

La. C.C.P. art 2337:

If the price offered by the highest bidder at the first or subsequent offering is not sufficient to discharge the costs of the sale and the security interests, mortgages, liens, and privileges superior to that of the seizing creditor, the property shall not be sold.

La. Civil Code Art. 2589 provides:

The sale of an immovable may be rescinded for lesion when the price is less than one half of the fair market value of the immovable.

LSA-C.C. Articles 1860 and 1861 - lesion beyond moiety prohibits property from being sold for less than one half of its appraised value.

**A mere inspection of property records that are contained in the Notarial Archives Office will reveal the “straw buyers” and title transfer people involved in mortgage fraud schemes. It is costly to obtain data from their website at: www.notarialarchives.org. Nonetheless, the “notarial” number assigned to the seized property is provided on the New Orleans Sheriff’s Office website. With the archive number, the New Orleans Notarial Archives Office can provide some information via telephone at (504) 670-7000. With the archive number and address of the property, it can be readily discovered who participated in “The Act of Sale” (the closing).

“CASE” means the docket number of the case contained in the record room on the 4th floor of the Orleans

Parish Civil District Court. All of the properties listed here are TRUE addresses, and activity for the actual property.

Case # 2002-18097 address 4804-06 Calliope Street Seizure Amount -$104,485.25; Sold for -$10,800.00
Case # 1999-7112 address 4715 Eastern Street Seizure Amount -$80,776.80; Sold for -$3,700.00
Case # 2000-16963 address 7931 Chef Menteur Hwy. Seizure Amount $255,584.90; Sold for $32,000.00
Case # 1998-20794 1837 Congress St. Seizure Amount $63,736.30; Sold for $10,000.00
Case # 2000-7118 address 7526 Dominique Place Seizure Amount $84,099.86; Sold for $3,600.00
Case # 2000-13347 address 13933 Explorers Ave. $72,758.86 Date of Sale: 1/31/2002; Sold for: $1,500.00
Case # 2001-21174 address 912-914 N. Robertson Street Seizure Amount -$75,922.25; Sold for $1,800.00;
Case # 2002-3050 address 1600 Simon Bolivar Avenue Seizure Amount $43,697.47; Sold for $10,000.00
Case # 2001-20027 address 8918 Palm Street Seizure Amount -$50,324.81; Sold for $20,000.00
Case # 2002-17278 address 1231 Deslonde Street Seizure Amount -$83,501.90; Sold for $10,000.00
Case # 2001-21127 address 5529 Bundy Road Suite 423 * Seizure Amount -$23,464.82; Sold for $2,600.00
Case # 2000-154 address 1911 Touro Street * Seizure Amount $48,516.26; Sold for $6,600.00
Case # 2002-1900 address 1630 Tita Street * Seizure Amount $51,232.31; Sold $10,000.00
Case # 2001-10803 address 1414 Gordon Street * Seizure Amount -$51,863.98; Sold for $3,300.00
Case # 2001-19515 address 2138 Farragut Street * Seizure Amount -$17,884.72; Sold for $3,600.00
Case # 2001-14045 address 4530 Marais Street * Seizure Amount -$48,905.99; Sold for $10,000.00
Case # 2003-212 address1204-06 Touro Street * Seizure Amount $46,734.89; Sold for $17,550.00
Case # 2003-8331 address 1423 Tita Street * Seizure Amount $48,945.14; Sold for $3,300.00
Case # 2003-9443 address 1513 N. Roman Street * Seizure Amount $23,700.79; Sold for: $1,500.00 Case # 2000-1712 address 5160 Lakeview Court * Seizure Amount $40,026.05; Sold for $3,172.12
Case # 2001-9201 address 3024 Toledano Street * Seizure Amount $101,894.36; Sold for $60,000.00
Case # 2002-11170 address 3813 Saint Ferdinand Street * Seizure Amount $63,907.09; Sold for $22,000.00
Case # 2002-12050 address 7108 Olive Street * Seizure Amount $59,223.17; Sold for $12,000.00
Case # 2001-19868 address 1861-63 Duels Street * Seizure Amount $74,621.16; Sold for: $30,000.00
Case # 2000-13345 address 4522 Citrus Drive * Seizure Amount $71,732.40; Sold for $35,000.00
Case # 2001-16705 address 1601-03 Arts Street * Seizure Amount $67,249.69; Sold for: $25,000.00
Case # 2003-3628 address 5972 Dreux Avenue *Seizure Amount $94,033.43; Sold for: $50,000.00
Case # 2003-5991 address 1934 Ursuline Avenue *Seizure Amount $81,668.10; Sold for: $46,000.00
Case # 2000-3646 address 5650 Rickert Drive *Seizure Amount $81,130.74; Sold for $45,000.00
Case # 2002-16295 address 7827 Berg Road *Seizure Amount $29,649.68; Sold for: $15,000.00
Case # 2003-4484 address 7569 Shorewood Blvd. *Seizure Amount $979.30; Sold for: $30,000.00
Case # 2003-8077 address 3222 Chippewa Street *Seizure Amount $15,000.00; Sold for $75,000.00
Case # 2003-8493 address 1722-24 Monroe Street *Seizure Amount $8,018.72; Sold for $27,600.00

Because the property address and notarial information is provided on the website with each case, it is easy to discover to what extent mortgage fraud occurred for all those properties. If the alleged debt collection foreclosing creditor did not partake in the sale of the property, that is also a provable unlawful acts.. In other words, I cannot file a lawsuit because somebody owes a debt to my neighbor.

Why would any creditor with a lawful right to pursue a delinquent debt go about exercising that right in an unlawful way? Aside from an unrecorded lien, another crucial reason for fraudulent real estate seizures is because when a lien is not recorded in public records, certain bankruptcy laws involving “avoidance” are extremely beneficial to borrowers (debtors).

Since the agenda is fraudulent repossession and mortgage fraud, the bankruptcy case quickly becomes unfairly thrown out (dismissed). Such is where bankruptcy Judge Dodd is helpful. Throwing out those bankruptcy cases thwarts the debtors’ ability to file, within that bankruptcy case, “adversary” petitions based upon “AVOIDANCE” statutes –of which provides potentials for those debtors to retain their properties, especially when the bankruptcy creditors fail to “perfect” their mortgage liens –and especially when that creditor does not even exist. A survey of the New Orleans bankruptcy court system unveils more evidence of the apartheid.

For the above sample of properties, some of the following unlawful, fraudulent, and racketeering conduct occurred: Fraudulent foreclosure petitions, Unfair debt collecting, unlawful seizures, wire fraud, mail fraud unlawful and invalid property sales; and unlawful and invalid deeds were recorded with the Notarial Archives Office. Also, fraudulent bankruptcy “lift stay” motions, property auctioned through a straw buyer, lesion beyond moiety, foreclosure proceedings carried on in the name of a non-existent lender, foreclosure proceedings carried in the name of a non-existent creditor / or a creditor who had sold its security interest, sales proceeds of property given to creditor –despite creditor does not have a perfected lien -while the co-creditors receive nothing, fraudulent conveyance, fraudulent transfers, act of sale executed with straw buyers, knowingly illegal recorded deeds, “consideration” has not been paid (no money was paid for the “sale” at the auction). There is no such thing as a sale when no money has been paid; but at the auctions conducted via Sheriff Valteau, there are made standards for taking people’s property that become called legal because of who Mr. Valteau is, although it is unlawful.

Laws and its interpretation may not be easily discerned, but it’s hard not to recognize the inequity for the property that was located at 2111 Alabo Street, New Orleans and seized for $195.02 but auctioned for $8,900.00. (Simply type in the Alabo address on the sheriff website and see that sale.)

Other Points

To remedy Louisiana’s corruption image, Louisiana announced the hiring / employment of a public relations firm. Such a hiring seems inexpedient because it is rational to expect an employee to release information that makes the (corrupt) employer look good.

In order to take seriously an announced willingness to address corruption, proof of transparency would be more believable if Louisiana could perhaps utilize a system similar what is used by “Crimestoppers.” Anonymity like with “Crimestoppers,” allows people to provide leads about malfeasance with less worry about reprisal. Further, such a plan could improve public spirit about Louisiana being serious about cleaning house. Also, a bulletin board of some type could provoke citizens to be observant and submit helpful leads.

Although a different subject matter, the hollowness of Louisiana being employer for the public relations firm which should expose its corruption, is as disappointing as Mr. Eddie Jordan’s support for his employee, Mr. Chambers –despite that Mr. Chambers was not doing the job he was hired to perform. (Read about Mr. Jordan’s endorsement of Mr. Chambers in the March 18, 2005 Times Picayune Newspaper archives.)

I am not well-versed enough about all that happens in Washington. But I am versed in New Orleans corruption. I do not believe money, grants, businesses, etc., is needlessly being withheld for rebuilding New Orleans. The “race card ? being played against the White is a smoke screen. In New Orleans, a lot more black people live in New Orleans than whites. Like Uncle Tom’s foregone days, Black people are oppressing their fellow race as much, or more than White people. NOT ALL BLACK PEOPLE ARE GOOD, AND NOT ALL WHITE PEOPLE ARE BAD. The Willie Lynch approach is not extinct. Hillary Clinton may have insight about whether or not the White House really is “run like a plantation,” but so is New Orleans! Instead of blame any entity for lack of funding, it seems to continually escape Louisiana leaders that funds, grants, businesses, opportunities are possibly being delayed because of Past and Current Louisiana Corruption. Furthermore, all too often displaced Blacks have stated on national television that they are faring better and have more opportunities than they could ever hope for in New Orleans.

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© Copyright January 2006 Barbara Ann Jackson

This January 2006 publication has been solely written and produced by Barbara “Ann Coleman” Jackson (formerly, Fenelon). Except for citations and quotes from other sources, this publication is copyrighted.

Thank you for attention. This information is being provided to media forums, congressional officials, and social organizations. Because much effort has gone into preparing this information, hopefully you or someone you know can help spotlight the worthwhile issues, and those issues can be addressed. My contact information is provided below, but in light of the seriousness and danger of making public these statements, the transcripts, records, documents, and additional details will not be furnished for curious enquiries.

Ann Coleman (my middle and maiden names) is the pen name by which I authored: A Marriage Made in Heaven ©1997, Providence House Publishers. I am the founder and president of Law & Grace, Inc., a 501(c)(3) corporation, which up till now had been temporarily inactive.
Contact: Barbara Ann Jackson
Post Office Box 5373
Shreveport, Louisiana 71135
e-mail: justice@lawgrace.org