*REVISED again on 11/16/2008 (Freddie Mac, Wells Fargo & Louisiana Judicial Collusion; falsified IRS form 1099-A, etc.)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

OVERVIEW
LEHMAN BROTHERS’ mortgage troubles provides a yet further occasion to call attention to Louisiana FORECLOSURE FRAUDS being carried out by via deceptive collections and Wells Fargo through use of the judicial system to further real estate FORECLOSURE racketeering and IRS fraud. In conjunction with the big Lehman Brother picture, the following is a small (local) component affecting Lehman’s decline.

Referring to a foreclosure case entitled:  “Lehman Brothers Bank v. Clement Bailey,” case #2007-5610 in Orleans Parish Civil District Court, and New Orleans federal case #08-3881, entitled:  “Wells Fargo v. Clement Bailey, JP Morgan Chase, Bank of America, and Allstate Flood Insurance Program.”  The KEY issue about these 2 cases is that Louisiana debt collector attorney Herschel C. Adcock, Jr., filed a Lehman Brothers foreclosure in State Court claiming Lehman holds the note.  But, Wells Fargo filed the latter lawsuit claiming Wells Fargo owns that same note.  If Wells Fargo succeeds in concealing Lehman Brothers’ (true or untrue) claim against Clement Bailey’s property, Wells Fargo and Mr. Adcock will wound up gleaning $$$$ –most likely from JP Morgan Chase, Bank of America, and Allstate Flood Insurance.  [As mentioned, millions, perhaps billions of dollars being unlawfully gleaned by unscrupulous debt collectors through fraudulent foreclosures has too long remained an unheeded atrocity for which distressed property owners have long been subjected to, but now also impacts Investors!]  **MORE DETAILS, COURT PLEADINGS, and Prima Facie evidence of the orchestrated foreclosure fraud being engaged in involving Lehman Brothers, Wells Fargo, and Mr. Adcock –AS WELL AS A COPY OF THE LETTER Mr. Adcock (and others) wrote to JP Morgan Chase, is posted in this article. 

However, throughout this www.lawgrace.org website is Res Ipsa Loquitur proof –with court pleadings / records  unequivocally showing how, for many years, Baton Rouge, LA collection lawyers Herschel C. Adcock, Jr.,  and Brett P. Furr, as well as the Monroe, LA debt collection law firm of Dean Morris have been utilizing the courts of certain New Orleans federal judges to unlawfully obtain and flip (via lack of “real party” interest foreclosures, “Lift Stay” Motions despite lack of standing filed in Bankruptcy Court ) real estate properties.  SEE ALSO especially proof & facts posted August 8, 2008, the letter to the Louisiana Secretary of State’s office concerning the deliberate falsified IRS form 1099-A that was filed by WELLS FARGO BANK, NA.  **CLICK this link>> Statement to the Louisiana Secretary of State concerning Wells Fargo 1099’s.

Despite probes into factors of  the mortgage crisis, there has been almost no investigation of the most lethal mortgage mess component: FORECLOSURE ATTORNEYS DEBT COLLECTION ABUSES and JUDICIAL COLLUSION.  Congress needs to seek the whereabouts of perhaps billions of dollars and massive amounts of real estate that winds up in the collector attorneys’ possession -as well as examine the scores of attorney bankruptcy court frauds.

Such attorneys deliberately file foreclosures naming defunct mortgage companies, or companies which no longer hold the notes; or affix collectors’ fees exceeding “Acceleration Clauses.”  If homeowners sue for “Unfair Debt Collection Practices,” collectors make more $$ through protracted litigations. Additionally, some collectors file in Bankruptcy Court falsified motions to “Lift Stay” pleadings for purposes of accomplishing SIMULATED AUCTIONS of real estate properties.

Along these same lines, homeowner rescue and congressional measures for some people facing foreclosure is not even needed due to the fact that -for incalculable numbers of foreclosures- innumerable foreclosures are being filed by mortgage plaintiffs which LACK STANDING, and therefore are NULL foreclosures.  Thus, Congress also should exert equal energy into probing valid of foreclosure proceedings –especially in States such as corrupt Louisiana which has not outlawed “CONFESSED JUDGMENTS.”

Further, aside from sheer acts of torture, judicial misrepresentations, and abusive practices upon consumers (which is a major reason why most states in the USA have banned confessed judgments) –this particular kind of foreclosure fraud really benefits unscrupulous mortgage lenders because it allows those lenders to repeatedly FLIP properties, and it allows such lenders to repeatedly mislead WALL STREET Investors into believing the real estate market is thriving.  However, the more realistic picture is that often foreclosure collector attorneys gain the true benefit.  Compare what happened with the INTERNAL REVENUE’s unrealized expectations, of which only $31 million of the IRS’s projected $185 million was obtained –and the legal bill added to the negative. “IRS Tax Advocate Renews Criticism of Private Collectors.” http://money.cnn.com/news/newsfeeds/articles/djf500/200803131508DOWJONESDJONLINE000968_FORTUNE5.htm

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SPECIFICS CONCERNING LEHMAN, WELLS FARGO, AND LOUISIANA FORECLOSURE FRAUD

This first exhibit here is from the Orleans Parish Civil Sheriff Docket record for the Lehman Bros. v. Clement Bailey foreclosure that was filed by debt collector attorney Herschel C. Adcock, Jr.  Undeniably, this foreclosure case is asserting that Lehman Brothers owns the note for Bailey’s house.  Among other things, as shown by docket entry number 10, on 11/30/2007 an “ADA” code was entered.  A closer look into what that means is that amount due attorney reflects an amount to Adcock of $2,203.00.

The second exhibits are a letter dated October 10, 2007 written by Adcock to J.P.Morgan Chase, wherein Adcock informs that Adcock is representing -not Lehman Brothers’ interest in the Bailey property, but Wells Fargo; and a page from the Orleans Parish Civil Sheriff website pertaining to real estate auctions / seizures. [In Louisiana, the foreclosure attorney is often listed as “plaintiff.”  This misleading factor goes a long way toward (intentional or unintentional) enablement of deceptive and simulated auctions and fraudulent conveyances.  Furthermore, because the New Orleans Clerk of Court, Dale Atkins, admittedly (*READ>> Dangerous, Dale N. Atkins, Clerk of Court: Killing Us Softly) STEERS newly-filed lawsuits to the judge of Atkins’ selection, and Atkins facilitates and accommodates groundless removal of state court cases to FORUM-SHOPPED federal judges, it is not easy to tackle the long-standing Louisiana White Collar real estate flippings and foreclosure frauds.]  At any rate, Adcock was clearly seeking $$$ from Chase Bank, Allstate, and Bank of America purportedly on Wells Fargo’s behalf while at the same time Adcock was maintaining a foreclosure case on Lehman’s behalf.
  
This third exhibit is page one of the lawsuit that Wells Fargo filed in state court against Bailey, J.P. Morgan Chase, Bank of America, and Allstate Insurance. (Defendant Allstate removed the Wells Fargo case to federal court.) Lehman Brothers is nowhere mentioned in that lawsuit.  Not only does it appear that Wells Fargo is in conspiracy with Adcock to deceptively gain money from those defendants, those defendants are being forced to defend a sham lawsuit.  In fact, the language of the entire lawsuit omits a whole lot as to why / how Wells Fargo is holder of the note.

Because I am all too familiar with Adcock’s deceptive practices of which inept / corrupt judges abet Adcock’s conduct, I felt so certain that fraud is being perpetrated, I telephoned a few of the defendant attorneys and gave them the case number and information about the Lehman Brothers foreclosure.

▬ If Clement Bailey had not run interference with the customary Adcock / Wells Fargo / ruse, this insurance deceptive practice would remain undetected. (But of course, Adcock has been successful to have willing judges to rule as lawful what is actually unlawful.) It will be very interesting to see what excuse Wells Fargo gives to defendants J.P. Morgan Chase, Allstate Insurance, and Bank of America for suing them in federal court, while concurrently in state court, Adcock has foreclosed on behalf of Lehman Brothers claiming Lehman to be the holder of the note.

It would appear only proper that, not Wells Fargo, but Lehman Brothers would have sued those defendants. By the same token, as it relates to what’s really going on with Louisiana foreclosures, post-Katrina property insurance, and false IRS 1099’s, the half has not been told.  Yet, certain Louisiana judges and U.S. Attorneys are doing their best to keep things that way!

FURTHERMORE, it seems that Wells Fargo relishes litigation as massive amounts of money can become deceptively gleaned from Investors!! (Consider the incredible amount of money that Adcock’s spiral of deception cost with regard to his fraudulent foreclosure of my home –and all the people who raked in legal fees from the litigation pie!) But even more concrete, look at the litigation plot involving Wells Fargo through which megabucks became siphoned as detailed in the securities lawsuit entitled: Super Future Equities Inc. v. Wells Fargo, et al. See the entire 3rd Amended Complaint posted at: http://www.bankruptcylawnetwork.com/2007/05/11/what-are-those-mortgage-servicers-doing/.

Highlights from some of the paragraphs from that Super Future Equities lawsuit give a vivid picture of Wells Fargo’s litigation scheme and agenda: 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.””

Accordingly, the New Orleans federal case #08-3881 that Wells Fargo filed to help Adcock get money from J. P. Morgan, Allstate, and Bank of America is further substantiation of Wells readiness to litigate –even if Lehman Brothers holds the Clement Bailey note.

In light of all the people whom Adcock has cheated, and all the fraudulent court filings and horrific judicial tyranny to which he has caused consumers to be subjected, corrective measures need to take place to address this incredible Louisiana problem of debt collection abuse.  Furthermore, in light of Wells Fargo’s pattern of operations, I have no doubt that Wells Fargo has filed a falsified IRS form 1099-A or 1099-C in Bailey’s name like Wells Fargo did using my name and social security number.

Glaring proof of deliberate foreclosure fraud, and Securities fraud becomes clear when falsified IRS form 1099’s become filed by lenders like Wells Fargo Bank, NA.  For such reasons, property owners need to be WARNED about mortgage lenders’ practice of filing falsified IRS tax form 1099-A’s or 1099-C’s.  For complete details, refer to the August 8, 2008 posting of my letter to the Louisiana Secretary of State’s Office about Wells Fargo.
To reiterate, NOTWITHSTANDING the above specific Lehman Brothers foreclosure, this website contains expository information and proof about everything I write in my articles on foreclosure fraud and judicial collusion.

*SPECIAL NOTE TO Federal Judges A. J. McNamara and Kurt Englehurt, and United States Attorney Jim Letten: As each of you along with the rest of the world take note of the awful mortgage crisis, especially the federal government bailout of mortgage giant FREDDIE MAC, you must feel really good about yourselves to have played a role in helping Freddie Mac (and others) accomplish such a monumental economic crisis which continues to effect every facet of society.

Put specifically, when you, Mr. McNamara repeatedly granted rulings in case #06-1408 to all those lawyers who appeared before your court –and who raked in $$$$ in that TORT lawsuit for “Conversion” that was filed in STATE COURT, but forum-shopped and falsely removed to your federal court (by a different attorney not representing Freddie Mac) on behalf of Freddie Mac ALTHOUGH Freddie Mac was not –and to this date never made a party to that conversion lawsuit, you must be really glad you allowed all that legal expense to be billed to Freddie Mac Investors and Wall Street.

Mr. Letten, your office must be proud to have (for the time being) covered up judge McNamara’s judicial corruption surrounding that conversion lawsuit! And Mr. Englehurt, you also must be pleased to have allowed lawyers to rake in $$$ and billable hours under pretext of defending Freddie Mac in RICO case #06-2435 despite Freddie Mac has never been made a party to that case either due to inability to effect service of process upon Freddie Mac.  But I would be remiss if I did not include federal Judge Lance Africk in this judicial hall of shame for Africk’s role in ruling in favor –not only of an entity (defunct GE Capital Mortgage Services, Inc.) which has never been made a party to the 04-3369 case, but was defunct and as the Affidavit shows,had a successor several years prior (and of course, never received service of process). Judge Douglass Dodd, you must also feel very good about all those fraudulent “Motions To Lift Stay” that you granted DESPITE real party interest and sometimes despite existence of the Mover; and you have no concern about allowing litigation of NON-JUSTICIABLE matters –all of which guaranteed those lawyers were able to submit billable hours and amass legal fees. This must be Louisiana Cronyism and Corruption at its finest! **FOR MORE on U.S. Atty Jim Letten, click this link to see my commentary posted at http://timespicayuneonusattyjimletten.blogspot.com/. 

All of you alleged federal upholders of the law (and your kind) surely must be proud of your stupendous efforts to further as well as cover up Louisiana real estate FORECLOSURE racketeering, while also enabling lawyers to rake in hefty fees at Wall Street and Securities Investors’ expense, instead of allowing facts and evidence to be exposed which could have gone a long way toward averting Freddie Mac’s manifestly unlawful activities. Moreover, since LITIGATION WHICH ENSURES that lawyers such as Baton Rouge attorneys Brett P. Furr and Herschel C. Adcock, Jr., will be able to rake in megabucks from their real estate racketeering roles, each of you purported officers of the law have done them a fine service of which, it won’t be long until credit will be given to you from around the world as the facts, pleadings, and documents posting on websites attest to your unjustified conduct –particular concerning mortgage giants Freddie Mac and Wells Fargo in the State of Louisiana.  (An example of a LITIGATION AGENDA is depicted in the Super Future Equities Inc. v. Wells Fargo, et al., lawsuit.)

One other thing you purported law enforcers can be glad about is knowing that, although years ago when former Louisiana Legislator Richard Baker pointed out that Freddie Mac’s had similarities to “ENRON territory (see: http://www.cbsnews.com/stories/2003/06/09/national/main557688.shtml),” your use of your federal positions to abet Freddie Mac attorneys while refusing to heed an ENRON signal has helped Freddie Mac to arrive where it has taken the economy today.  Each of you must feel extremely proud.  However, scores of Louisiana people you helped Freddie Mac and Wells Fargo take advantage of don’t share your glee (as you, or your colleagues lavish in PERKS and expensive judicial junkets most likely paid for by lobbyists!) –especially those who expended resources and suffered irreparable harms because people like you refuse to concern yourself with Due Process and Equity, while exacting judicial tyranny upon people for whom it was your sworn duty to ensure the Constitution is upheld.

Of course, I would be remiss to not make mention of New Orleans attorney Keith A. Doley, who is the provider of the New Orleans’ “Judicial Expense”  junkets to Atkins, State Court Judges, and other judicial affiliates.   In fact, analogous to the well-documented Machiavellian divorce proceedings of the Hunter / Copeland case by which convicted “Operation Wrinkled Robe” former judge Ronald Bodenheimer abused his power to deprive the ex-wife, Mr. Doley and unconvicted Judge Herbert Cade have acted similarly in my divorce proceeding. [Since Doley is a supplier of judicial favors, and Cade is blatantly dishonest and / or inept, justice is not likely.  But see for yourself.  Check out the scores of domestic abuse, custody, divorce cases Judge Cade messed over, denied justice  –and Atkins’ office did away with for exiled Hurricane Katrina residents!!  Also note the 135 Corporations  for which Judge Cade was either the president or Registered Agent, of which Cade’s actions indicate Cade does quid pro quo favors when appearing in Cade’s court, especially since like federal Judge Thomas Porteous (whose impeachment is pending, Judge Cade also has / had a penchant for gambling.)  **Read about the corporations at>>>> http://www.lawgrace.org/2007/06/21/illegal-real-estate-flipping-unfair-enrichment-judicial-collusion-and-questionable-activities/]

For reasons such as these substance abuse, domestic violence, poverty, apathy was prevalent pre-Katrina and was unveiled to the world post-Katrina, and not much has changed except that innumerable “haves nots” no longer reside in NEW ORLEANS.  For more on these subjects, read: **“Casualties From New Orleans’’ Ineptness and Corruption COMING TO A CITY NEAR YOU” http://lawgrace.org/2006/06/30/casualties-from-new-orleans-ineptness-and-corruption-are-coming-to-a-city-near-you/ *“Comment on Louisiana’s Ranking as 2nd Worst Legal Climate in the Nation” http://www.lawgrace.org/2008/05/01/comment-on-louisiana%E2%80%99s-ranking-as-2nd-worst-legal-climate-in-the-nation/*(Also, Atkins’ appalling and malicious actions as to how Atkins orchestrated a PRIMA FACIE lawsuit for Conversion became for no reason removed to Federal Court unbeknownst to the Hurricane Katrina-exiled plaintiffs, YET AT THE SAME TIME Atkins continued docketing and receiving those plaintiffs’ filing fees, Amended Petition, and Motions  –with Atkins’ full knowledge that the Conversion lawsuit was no longer in State Court and that the Conversion case (which included non-served Freddie Mac) was actually in the process of being unlawfully dismissed  in federal court by dishonest federal Judge McNamara- is detailed in federal case #06-3821.)