**UPDATE:  The latest event about LEHMAN BROTHERS provides another opportunity to give more details about Louisiana foreclosure fraud and corruption. I’ve posted a new article above –with court pleadings / evidence concerning Wells Fargo and debt collector Adcock.   Here’s the link:http://www.lawgrace.org/2008/09/14/lehman-brothers%E2%80%99-mortgage-troubles-nationally-evidence-of-foreclosure-fraud-deception-and-conspiracy-with-wells-fargo-deceptive-judicial-filings/

============* Also, see added fact about property fraudulently flipped to FREDDIE MAC===============

TO:  Kellie A. Comeaux (fax 225/922-2860)

Louisiana State Office of Financial Institutions
FROM: Barbara Ann Jackson (Katrina-displaced from New Orleans)
PO Box 5373
Shreveport, LA 71135

DATE: August 8, 2008

SUBJECT: (1) Wells Fargo’s false IRS form 1099-A; (2) A July 30, 2008 letter replete with false representations from Wells Fargo’s representative, Kathy Drzewiecki to Kellie A. Comeaux; and (3) clarity about a “Complaint” wrongfully designated by this Financial Institutions Office as being filed by me.

Greetings:

Probably more than the S&L debacle, national attention is focused on the economy’s mortgage industry crisis and home foreclosure epidemic. State Attorney Generals, City Mayors , Members of Congress, Securities Investors, and various others with whom I have been corresponding are much interested in cogent information. As with previous information I’ve shared, one particular State Attorney General by whom Wells Fargo is being sued for various foreclosure frauds was extremely appreciative for what I shared about the Wells Fargo 1099-A. (Also, facts and evidence show that just as mortgage giant Countrywide is now under federal investigation, so should be Wells Fargo.)

Put plainly, when I learned Wells Fargo falsely filed an IRS form 1099-A in my name, I also passed along those contributory facts of this nation’s mortgage crisis. I sent details to numerous state attorney general offices and legislators. But although I was neither registering a complaint, nor requesting help, a few of them notified me that they were forwarding my information about the1099 to Louisiana. This Financial Office mistakenly thought I filed a complaint; and on July 30, 2008, Ms. Kathy Drzewiecki sent a responsive letter on Wells Fargo’s behalf.

Ms. Drzewiecki’s glaringly implausible letter SHOULD especially be a red flag to this Louisiana Secretary of State’s Office, as well as the State Attorney General BECAUSE, as your records show, GE Capital Mortgage Services, Inc., became defunct in year 2002 when it merged into GE Mortgage Services, LLC, its “successor.” Also, in manifest contradiction to what she wrote, it is impossible for foreclosure auction to have LAWFULLY been carried out in year 2005 on behalf of the non-existent GE Capital Mortgage Services, Inc. Moreover, at the time of the purported auction, not even GE Mortgage Services, LLC was in existence, nor licensed to do business in Louisiana; it submitted its voluntary withdrawal from Louisiana. Further glaring, because of being defunct, contrary to what Drzwiecki wrote, it is NOT POSSIBLE in year 2005 for Wells Fargo to continue being the “mortgage servicer” for the non-existent GE Capital Mortgage Services.

ON THE OTHER HAND, facts overwhelmingly demonstrate that, using defunct GE Capital’s identity, debt collector attorney Herschel C. Adcock, Jr., fraudulently seized and acquired more than $80,000 when he flipped my property to FREDDIE MAC.  For particular reasons, Wells Fargo harbored Adcock.

Further, contrary to what Wells Fargo submitted on their IRS form 1099-A, the market value of 4968 Lurline Street was not $12,000 –as manifest from the year 2005 sale price for which that property was sold in that same tax year purportedly to a third party. Furthermore, if –as Ms. Drzewiecki incorrectly states– my property was (impossibly) ACQUIRED by GE Capital on May 19, 2005, there is NO LAWFUL REASON for the IRS form 1099-A to exhibit Wells Fargo’s name! (The bottom line is that, ‘land grabbing’ is not uncommon for Mr. Adcock –thanks to NO State Consumer Protection oversight and purposeless consequences!) Another thing Ms. Drzewiecki’s letter failed to state is that I initially acquired my residence property in 1993 through AmSouth Bank. For home improvement in 1999, I refinanced it with GE Capital. I had equity in the property, and I never had a subprime loan. (Marriage failure caused financial me ruin; and crooked deals in Family Court sealed my fate.)

PIVOTAL QUERY: Utilizing Drzewiecki’s own (untrue) words about GE Capital Mortgage Services on May 19, 2005, and utilizing Louisiana Secretary of State’s Corporation database which verifies that GE Capital Mortgage Services ceased to exist as of October 25, 2002, and utilizing Louisiana, as well as US Supreme Court JURISPRUDENCE which nullifies any judicial proceeding –including foreclosure– carried out on behalf of an entity which DOES NOT HAVE “REAL PARTY INTEREST,” for how many more years will Louisiana demonstrate continue enabling NULL foreclosures to be completed / property owners unlawfully subjected to displacement / fraudulent IRS tax forms filed / and real estate illegally flipped?

How many people of Louisiana will ultimately incur tax consequences as a result of fraudulent IRS form 1099-A’s or 1099-C’s? And when this current State Attorney General Office encounters the truth about all those wrongfully taken properties, because even putting lawbreakers in jail won’t help people for whom this State RECKLESSLY FAILED to protect, WHAT REPARATIONS WILL BE GIVEN TO THOSE PEOPLE WHO CAN DEMONSTRATE LOSSES ASIDE FROM PROPERTY DUE TO LACK OF CONSUMER PROTECTION, AND DUE TO THIS STATE SHIELDING JUDGES WHO DELIBERATELY ENABLE REAL ESTATE FRAUD?

Because innumerable people whose property was (wrongfully) taken by people like Mr. Adcock are yet exiled due to Hurricane Katrina, it appears that the foreclosure epidemic in the nation is not a problem is Louisiana. HOWEVER, what is an even worse problem is that a lot of displaced foreclosed former property owners will one day discover there is a 1099-A or a 1099-C for which the IRS wants answers! If that 1099 is replete with false information, there could be severe tax effects and a lot of needless untangling to be burdened with. (Contrary to the woman’s letter, I did not know of Wells Fargo’s 1099-A until year 2008 when I was duly informed by the IRS!)

Across the country, foreclosures have been halted because “real party interest” was absent from those foreclosure proceedings. Yet, in Louisiana, it would not be farfetched for foreclosures to become filed in the name of ‘Mary had a little lamb’, and judges allow peoples’ homes to become seized! In such instances, manifest consumer issues from Wells Fargo’s 1099-A fraud presents another opportunity for Louisiana to take a stab at justice and equity. (But I won’t hold my breath.)

Even more astonishing, often documents like Drzewiecki’s surface and provide proof of wrongful / questionable foreclosures –and which dictates that fact-finding / depositions / interrogatories / witness testimony in open court, and so on, are still solid methods for getting at the truth. However often due to forum-shopping, upon unlawfully exercising authority over litigations or subject matters NOT within their jurisdictional authority, THE FOLLOWING either inept, prejudice, unjust (or all the above) judges deliberately blocked the truth from being exposed when they unjustly / wrongfully granted coverup rulings that helped Wells Fargo’s real estate frauds: state court Judges Lloyd Medley, Herbert Cade, former judge Carolyn Gill-Jefferson, and Piper Griffin; federal court judges Lance Africk, A.J. McNamara, Kurt Englehardt, and Douglas Dodd.
The fact that Wells Fargo and other entities involved in Louisiana real estate racketeering is being abetting by federal and state judges in Louisiana; and being abetting because the former Louisiana Attorney General looked the other way, appears to be no big deal to people who are unconcerned to the many wrongs inflicted upon people who oppose fraudulent taking of their property. Still, my story (and the thousands of people like me) about how Wells Fargo’s deceptive practices have harmed me is vast and ongoing; it is repetitious despoliation. Further, a GOOGLE search of “Wells Fargo servicing” and “mortgage servicer frauds” reveals scores of consumer horror stories. Yet, in light of Wall Street lawsuits and Congressional investigations into what’s really going on in the national mortgage mess, Wells Fargo will one day cease to be able to enjoy the Gulf South’s mantle.

The most fundamental thing about Louisiana real estate and mortgage fraud is the predominant reason why mortgage companies and debt collection abuses are not deterred in infamously corrupt Louisiana is because of the court system here! UNDENIABLY, consumer wrongs done by mortgage companies and collectors would be curtailed if federal and state courts of law would simple enforce the law and stop granting favorable rulings without regard for due process and lack of standing! And ironically, this Secretary of State Office for state court judges has the designation of both protecting consumers and defending judges liable for flagrant abuses of their authority to benefit mortgage companies, collectors, and various others in what seems like quid pro quo. (There are even scores of statistics which establishes that Louisiana justice is for sale.) Also, the organization called ACORN has consistently brought to the attention of this state fraudulent and unfair mortgage practices of Wells Fargo. As such, since this State’s Office of Financial Institutions is a department within the State Attorney General perhaps this office can assist the AG by bringing to his attention the matter concerning Wells Fargo, Ms. Drzewiecki’s letter, and this statement. Now more than ever, it is beyond time for the State Attorney to take actions along these lines.

Specifically, hopefully, appropriate actions will be taken by the Louisiana Attorney General about the convoluted and manifestly UNLAWFUL manner in which certain corporations are utilizing NON-EXISTING CORPORATIONS for accomplishing fraud upon consumers and upon the IRS. By some chance Louisiana will refrain from merely allowing companies like Wells Fargo to submit a statement –despite clear absurdities– to be placed in files, below are several sources such as the New York Times, the Boston Globe and various others which elucidate tyrannical practices in the debt world. Louisianians have suffered a long, long, long time.

**Additionally, for verification purposes, IRREFUTABLE PROOF (Affidavits, court pleadings, transcripts, and more) that Wells Fargo and others are engaged in Louisiana real estate racketeering is provided on my www.lawgrace.org website.

***This August 8, 2008 statement will be posted on my site so that the public can judge for itself, nuances of mortgage company improprieties –as well as gauge the quality of Louisiana’s checks and balances toward safeguarding against consumer abuses and corporation frauds.

**Furthermore, I AM POSTING THIS ON MY WEBSITE (and I’m considering whether to post some or all of Ms. Drzwiecki’s letter) BECAUSE I AM A MAKING A PUBLIC APPEAL FOR LEGAL REPRESENTATION!! *My years of providing information / filing consumer complaints when former Attorney General Charles Foti (who paid more attention to prosecuting that doctor and 2 nurses for Hurricane Katrina deaths) was in charge produced little else for me except severe reprisals, while the accused gained knowledge of which information needed to be doctored. Further, as evident from my website, federal and state court judges have abetted these kinds of illegal activity and refused to met out justice (costing me everything!); thus I would be an idiot to expect anything different without public spotlight. I believe that this time, Wells Fargo has irrefutably crossed a line of which has disastrous potentials as well as onerous tax consequences for innumerable people! I am hoping that a law firm not in conflict of interest with the entities herein will get involved for reasons FAR BIGGER than 4968 Lurline Street. As such, TO VISITORS TO THIS WEBSITE: If you practice law, or if you know of a firm which could represent me, PLEASE CONTACT ME ASAP.

**********NOTES**********

▬“Piling On: Borrowers Buried by Fees” by Gretchen Morgenson
http://www.nytimes.com/2008/04/20/business/20gret.html?hp

▬“DEBTOR’S HELL”, a 4-part investigation by the Boston Globe
http://www.boston.com/news/specials/debt/

▬“Dubious Fees Hit Borrowers in Foreclosures”
http://www.nytimes.com/2007/11/06/business/06mortgage.html?_r=3&hp&oref=slogin&oref=slogin&oref=slogin

▬ Super Future Equities Inc. v. Wells Fargo, et al.,
http://www.bankruptcylawnetwork.com/2007/05/11/what-are-those-mortgage-servicers-doing/
Paragraph 37- “pattern of initiating litigation. . .designed to further its own interests. . .at the expense of the Trust and the more senior Certificateholders.” Paragraph 38- “expanded its business activities from those of a mere loan servicer to those of a market manipulator and unscrupulous “litigation machine.”” Paragraph 64- ““After foreclosure, . . .ORIX makes “servicing advances,” which include legal fees spent by ORIX to pursue claims against the borrowers. All of these “advances,” as well as the interest thereon, are ultimately re-paid by the Certificateholders. At the time of foreclosure, ORIX receives additional foreclosure related fees, in addition to all the other fees collected from the Certificateholders. On information and belief, Wells Fargo benefits from these improper foreclosures by charging inflated and unexplained “expenses” to the Trust in connection with the foreclosures.””

▬“Federal Trade Commission Asks Court to Stop Abusive Debt Collectors”
http://www.ftc.gov/opa/2007/02/rri.shtm
▬Federal Trade Commission v. Rawlins & Rivera, et al, (U.S. District Court for the Middle District of Florida, Orlando Division, Case No. 6:07-CV-146-ORL)
http://www.ftc.gov/os/caselist/0623139/0623139.shtm
▬ Fair Debt Collection Facts
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
▬“National Consumer Law Center Calls on Media to Expose Debt Collection Industry’s Widespread Illegal Practices”
http://www.consumerlaw.org/issues/debt_collection/press_release.shtml
▬“Complaints Against Debt Collectors Skyrocket, Lack of Oversight to Blame” http://www.mediasyndicate.com/index.php?name=News&file=article&sid
▬“Correctional Billing.. . Need For Federal Probe”
http://www.northcountrygazette.org/news/2007/07/31/cbs_and_nco/
▬ Public Citizen’s Consumer Law & Policy Blog,
http://pubcit.typepad.com/clpblog/debt_collection/index.html

c: Kathy Drzewiecki
Wells Fargo (specialist)
866/675-9839