Wednesday, October 28, 2015

How Socialism Destroyed My Livelihood

Detailed Summary of The Murray House Saga at 191 Cumberland Ave

In 1988, I purchase the 1909 historic Murray House at 191 Cumberland Ave in a near-condemned state as a restoration project using the 8 bedrooms as rental in order to finance the restoration.  The property’s 1977 R3 zoning had no prohibitions against “boarding houses”, non-retail businesses, and B&B’s.

While the historic site needed much work in order to complete the restoration, I viewed the property as a good investment seeing how there was such a variety of property use options, while simultaneously offering very affordable housing in a green living environment, as well as making a valuable contribution to the Montford Community in restoring an old historic home to a condition it hadn’t seen for several decades.

I thought I might after restoring it perhaps sell it to someone interested in using it as a B&B, as it would have been perfect for this use.  In addition, I also wound up operating a small computer consulting business out of it between 1988 and 1995, The Graphic Edge, bringing a variety of local print & design businesses like Biltmore Press, Daniels Graphics, and a host of others up to speed with current electronic publishing technology, and quickly became the local community computer gurus for “everything Macintosh”.

Until my financial hardship in 2010, throughout the entire process of this long term restoration project I had never missed nor been late on any mortgage payment and I never went in debt on the project beyond what I could afford.

In mid-2010, I was informed by the City of AVL that by using all 8 bedrooms for tenants I was in violation of a city ordinance which wasn’t created until the passage of the 1997 UDO (Unified Development Ordinance) — about a decade after I purchased my home — which prohibited “boarding houses” in the redefined zoned areas in Asheville (my R3 became RS8).

Under threat of an unreasonably exorbitant fine of $100/day, I was told by the City that I would have to kick out 3 of my renters to comply with its ordinance.  When I questioned “grandfathering” or “Use by Right”, City representatives told me that this was not an option, even though I had been using my home for what they consider as a “boarding house” for 22 years since 1988.  While I had later discovered that I had the civil right to be “grandfathered”, the City representatives deceitfully convinced me otherwise.

Further, I discovered that in 1998 a short clause was added to the UDO which instituted a 500’ proximity restriction for B&B’s.  I was never notified of this property use rights “taking” without compensation by the City (Fifth Amendment violation; also a 14th Amendment violation for unequal protection and enforcement of law).

This again greatly devalued my property.  By comparison, Carolina B&B next door (much smaller house & property) sold for $1.1M in 2009, at the height of the mortgage bubble burst.  Even after market bounce back and again began to thrive, my property was only appraised for ~$800k due to the UDO B&B restriction, and for which I never received compensation.

All these actions thus far exemplify at least several rights violations by the City of Asheville:
1. violation of my natural right to privacy and property;
2. deceitful denial of my civil right of “Use by Right” (aka: “grandfathering”);
3. Fifth Amendment violation — “boardinghouse” property use rights taking (thus devaluing my property) without compensation;
4. Fifth Amendment violation — B&B property use rights taking (thus devaluing my property) without compensation;
5. Fourteenth Amendment violation — unequal protection and enforcement of law.

In spite of explaining to City representatives that my compliance with newly adopted codes would prevent my ability of making my mortgage payments due to such a drastic reduction in my monthly income and risk default on my mortgage note along with foreclosure of my property, under duress of a $100/day fine on Dec of 2010 I complied with the City, kicking out 3 tenants, and then continued in my attempts to work with the City in seeking a zoning variance/modification by following its instructions.

The City led me into a course of action seeking a zoning change it claimed would remedy the so called “violation” dependent upon the results of an investigative site plan by a local landscape architect, whom I was instructed to hire.  After spending ~$1500 on all this, the landscape architect found that my property qualified for the new RM11 zoning regulations after a few thousand dollars worth of shrub & tree planting.  However, when he went to present his final site plan before this very same committee which instructed this very course of action and worked with him directly on the plan for some time, both he and I were shocked and infuriated when told that this course in which we were instructed to follow was not an option because of the B&B next door.  The committee knew this fact from the onset because this was one of the primary reasons I had been seeking a zoning variance/modification to being with.  It then became blatantly obvious that the City representatives deceitfully lured me into an expensive plan which it had never intended to approve.

In the weeks leading up to Dec of 2010, I had already approached a few mortgage lending sources, including the so called “HAMP/HARP” services, as well as Wachovia/Wells Fargo (who held my mortgage note) about seeking help with a loan modification of some kind which would allow me to prevent defaulting on my mortgage loan (which I had never been late to pay).  Thinking it to be rational, my goal was to avoid any chance of default by addressing the matter ahead of time.  I was instructed by these various service groups — including Wells Fargo itself — that due to my never missing any payments, I would have to be at least two months behind on my mortgage payments before any lender would even consider helping me with a loan modification.

Also, among the myriad of advertisements regarding loan mods due to the “bank bailouts”, I also heard about a law firm in CA called K2 Law who was advertising for their “mass joinder” suit (akin to a class action) explaining that many loans made in the 2000’s were done so using fraudulent methods of transfer.

Upon contacting K2 Law and given them authority to investigate my loan, I was informed that my loan did in fact fall into this category.  Upon paying their retainer of $5000, I was told that the worst case expected from this mass joinder settlement would be 80% loan to value @ 2% fixed rate (which would have been around ~$1200/month (plus taxes & insurance) — this would have been certainly doable should I continue to be restricted by the City to have only 4 or 5 renters.  I was also told by K2 Law that it would handle possible loan mod negotiations with Wachovia/Wells Fargo, should anything occur other than success of the suit.

Noteworthy: both the representatives of Wachovia/Wells Fargo (among others) and K2 Law advised me to stop paying my mortgage payments in order to be considered for any loan modification because I had never missed nor been late on any payments.  While I was merely following the instruction of those from whom I sought advice — most notably Wells Fargo itself — my compliance with the City in kicking out 3 renters prohibited my being able to continue making my payments regardless.

The first half of 2011 consisted mostly of periodic communication with my K2 Law representation, all the time being reassured they were handling various communications with Wachovia/Wells Fargo during this time — and I recall, they were.  At some point mid 2011, the case had been advanced from district to federal court.  It was explained to me that the case was moving forward as predicted.

Late Summer 2011 I was notified by the CA State BAR that K2 Law was under investigation for “breaking advertising rules”.  Out of concern, I asked my K2 Law rep if this would in any way interfere with or hinder the suit and my case — I was told “no”.  Shortly thereafter, all communication from K2 Law ceased.  I attempted to contact Phillip A. Kramer (K2’s primary attorney) directly, but was only given contact info from the CA BAR for the legal firm representing his defense — I never heard back from them.  I later discovered that Phillip A. Kramer would soon be disbarred and our mass joinder case dismissed.

I applied for reimbursement of my retainer through the CA BAR jumping through a myriad of bureaucratic hoops, and then waited until October of 2015 only to discover that out of the $5000 retainer for doing absolutely nothing, I was reimbursed $375.  I can only wonder what the CA State BAR did with all that extorted money.  I can also only wonder how the mass joinder case might have progressed if the CA State BAR didn’t interfere with some technicality over the violation of its own arbitrary advertising rules.  I can further only speculate how Wells Fargo might have somehow been involved with such interference in a massive lawsuit against it.

Communications ceased from K2 by Fall of 2011, and I then received a foreclosure sale date letter from Wells Fargo, who had apparently by that time completed the purchase of Wachovia through one of the bank “bailouts”.  I then sought new legal defense.  By Jan 2012, I hired SoboleskI Law, a local firm specializing in foreclosure who was able to stop the foreclosure proceedings and represent me regarding this matter with Wells Fargo.

SoboleskI Law spent the beginning of 2012 becoming acquainted with the history of all that had occurred thus far as well as investigating the legitimacy of the WF mortgage note.  Although their investigation concluded that the origination of the note and its two transfers (from World Bank, to Wachovia, to Wells Fargo) was supposedly “above board”, I continue to have my doubts due to it being a negative amortization loan, as well as the time period in which it had originated.  “Bad mortgage loans” were being uncovered during this time at an alarming rate.

Around mid Spring of 2012 we finally entered the long awaited loan modification application process with Wells Fargo that I sought before I ever defaulted.  Most of this process was spent waiting for Wells Fargo to reply after all the data was submitted for the application.

It was June 25, 2012 before WF responded having denied the loan mod.  However, when Jane SoboleskI notified me of this news she was happy, because according to WF the figure they gave us was less than $300/mo shy of loan mod qualification.  Were were told by WF that if I could attain and prove just a bit of additional monthly income, it would re-consider the loan mod decision.

Around that time my employer, Sunspots Productions, was in the process of losing an engineer so I soon began getting more hours.  I also began getting some additional side work in a local event hall called Altamont Theatre.  Further, I added one more tenant, increasing the number to 5 (an option for an alternative plan the City had at one point also mentioned) and increased the rent for everyone to $500/mo.  All this surpassed the targeted ~$300/mo target goal by more than double.

By Fall of 2012 I began showing this increase of monthly income via reporting check stubs and bank statements through Soboleski Law as instructed by WF.  By Dec of 2012, I was ready for reapplication after at least three months of increased proof of income.  Laura Ceva, of SoboleskI Law, was at that point handling my case sending all monthly follow-up reporting of my documents to WF.  Her attempts of getting WF to address the new numbers were met with silence for months as we continued the process as instructed by WF.

On April 24, 2013 my attorney, Laura, was finally contacted by the WF attorney who said WF was now unwilling to consider me for a loan mod because I had applied before and been denied.  Laura immediately responded with a letter stating that neither she nor I was notified that re-applications are not an option when she sent the applicable WF application forms in Jan & Feb 2013.  She also explained that I had taken steps based on these representations over the last year in anticipation of successfully meeting all requirements for the loan mod as stated by WF, and that I would have certainly chosen a different course of action upon the loan mod denial of June 25, 2012 (nearly a year previously) had I was at that time informed WF would deny any re-application for the loan mod, rather than deceitfully saying the opposite.

Laura also stated that I was at that time poised to file suit against WF for violations of NC’s Unfair & Deceptive Trade Practices Statute §75-1.1 along with other equitable and injunctive remedies pursuant to North Carolina General Statute §45-21.34.  Although she further explained in her letter that WF’s actions have been substantially injurious to me, she also stated that I continued to desire another review for modification at this time.

After a short time she heard back from the WF attorney stating that WF will again consider a loan mod, but that we would have to begin all over again from the start of the application process.  We did so and later heard back from WF that my loan mod was again denied and gave no reason.  When Laura pressed for the reason for denial, WF said that my monthly debt-to-income ratio still didn’t qualify but gave no specific numbers.  And of course at this point, an entire year had passed since the first denial, so WF was now able to increase the arrears by at least double, plus throw on additional fines.

I had already known about such actions by various banks — including WF — whereby loan mod application processes are drawn out while giving hope to the homeowner of success to the point where the lending institution can more easily deny the modification, making it appear that it actually had intentions on helping the homeowner.  I just didn’t think such fraud was so easily possible within the American justice system while employing officially licensed legal representation.

Upon consultation with both Jane and Laura of Soboleski Law, it was decided at that point (July of 2013) the best way to stop the foreclosure proceeding WF had apparently intended all along, was to seek bankruptcy defense while simultaneously bringing suit against WF for the previously mentioned violations of NC Law.  The hope was still to seek a loan mod as settlement to this lengthy plight.

I then discovered Oliver Max Garner Law in Shelby, who apparently had a good reputation in mortgage dealings, and especially with fraudulent actions of banks during these “bailouts”.  However, since he was apparently very sick, his cases were being handled by Kerry Lowery, and she began the Chapter 13 application process.  While Soboleski Law had prepared to handle the suit side of the case, Kerry told me that she would handle it.

Beginning in Aug 2013, I began making payments as prescribed by the Federal Bankruptcy Court in Asheville starting at $4200/mo, and then in Jan 2014 increasing to $4900/mo — I had not missed any payments.  In order to afford such payments, I had to fill the remaining empty rooms back up in my house.  Regardless, WF objected to the Chapter 13 plan.  Within its objection documents I found various inaccuracies about my information, further exemplifying WF’s incompetence at best and fraudulence at worst.

Due to apparent personal sickness, Kerry had continued the scheduled court hearings a few times.  I continued to follow her advice in coming up with some fallback plans, so I listed my lake property lot with my realtor.  When she asked about selling my house, I explained that I just didn’t want to rush the sale as the real estate market continued to improve.  However, I decided in December to list my house on a WNC FSBO listing service for my planned asking price of $1M, in case I might attract a buyer before reaching settlement with WF.  Again, if WF had been honest with me regarding their loan mod re-application requirements back in June 25, 2012, I would have most likely put my house on the market at that point.

When we finally met again at the Federal Court for the rescheduled hearing early Feb 2014, Kerry began to change her tune in regard to the potential of my suit’s success against WF.  It was the first I heard of this.  She said it was “difficult to prove intent”, to which I wondered what proving “intent” had to do with proving damages resultant of fraud — if a mugger murders someone in the process of committing larceny, shall he be absolved of murder because he didn’t intend it?  Besides, in this case intent should not be all that difficult to prove beyond damages seeing how WF, among other banks, have been telling people as a standard practice they have to be two months behind in default prior to considering a loan modification, then dragging the process out and denying them.

Regardless, she suggested we make a settlement offer to WF of dispensing with the bankruptcy plan to which it objected, make a $50,000 payment that would cover all claimed arrears (~$115k) and bring the note current, upon which I would continue in the loan payments, and we would not pursue the suit dropping all claims against WF.

Upon conveying our offer, the WF attorney implied she might be bluffing about the suit to which Kerry responded, “If I say I’m going to initiate the suit — I’m going to do it!”  The WF attorney said she would take our offer back to WF.  Kerry thought it was a reasonable offer and that she would be surprised if WF turned down.

Later Kerry told me that she was told by the WF attorney, Julie B. Pape, that WF was never going to grant me a loan modification because of my “not being in compliance with the City codes.”  This was of course a lie, as the entire reason I was in default was because I complied with the tyrannous demands of the City of Asheville.  I wondered just how long WF had taken this position while it was having me jump through the hoops of its loan mod application process, as it seems WF was being dishonest with me from the onset.  Also noteworthy, if WF had been telling the truth regarding my being only ~$300/month shy of it approving a loan mod qualification in June of 2012, I would have been able to make the monthly payments while continuing in compliance with the City.

I waited a couple weeks before writing Kerry to ask if she had heard back anything.  She responded saying she would imagine we would not hear a reply so quickly.  I continued to wait for another few weeks and asked again, but she told me she had still yet to hear any reply.

She also asked me if my lake property had sold yet.  I explained that the lake lot selling season had not even yet begun, but that I listed it for its assessed tax value of $100k late in 2013 — I reminded her that I didn’t wish to lose money in such a fast sale and that I would rather come up with the $50k settlement offer in other ways.  She said I should drop the price and sell it fast in case because we should have all the money ready immediately should WF accept our offer — this was the first I heard of this plan, but I contacted my real estate agent and reduced the lot listing price to $75k.

I later asked her that since our offer doesn’t include continuing in the Chapter 13 application process to which WF objected, then I should be able to use all the money currently in escrow with the Ch13 trustee I had paid toward these ends, which was ~$30k (minus Kerry’s and the trustee’s legal fees) and then only have to come up with ~$20-30k more, which I might be able to do with the help of friends/investors.  She gave me some convoluted answer which meant no sense whatsoever to me.  I tried to ignore and not worry about it, yet it continued to bother me.

I continued to wait for a reply about our settlement offer to WF.  As of Thursday, May 1, I also decided to list my house in the MLS directory.  Also on this date, I received an email from Kerry stating that WF had sent a counter offer to her office on April 7, but her secretary failed to forward it to her.  She gave me the overview of their counter offer which is a bad offer, considering all of the circumstances leading up to this point in this entire matter beginning in 2011.

·     The Debtor will pay $5,000 per month into his plan with Wells Fargo receiving its regular monthly payments out of that amount.
·         The Debtor will have one month to pay $50,000 to Wells Fargo to be applied against the arrearage.    
·         The Debtor will release any and all claims against Wells Fargo. 
·         The Debtor will have six months to sell the real property comprising Wells Fargo’s collateral and pay off Wells Fargo in full, including the remainder of the arrearage claim.  The Debtor must take affirmative steps to sell the property, including but not limited to engaging an agent and listing the Property on the MLS by a date certain. 
·     In the meantime, the Debtor will make his regular monthly payments due under the Note to Wells Fargo either through a chapter 13 plan or independently.
·         If the Debtor misses any monthly payment or the total payment due at the end of the six-month period and does not cure the default within 30 days, Wells Fargo shall be entitled to immediately commence or reconvene foreclosure proceedings without seeking relief from stay or taking any other action.

She also stated:

“It appears we will not be able to work them toward any solution other than sale of the house.  My initial impression is that you would be better off to dismiss the bankruptcy, take back the money you have paid into the case and then let them foreclose.  The only reason we would offer the $50,000 is for settlement of the arrears and continuation of the loan under its current terms.  I have a phone call scheduled with their attorney on Monday at 1pm.  Let’s talk about this before then.”

I was of course shocked at her apparent recent decision to forego the suit against WF that she said she would do for me from the onset.  She didn’t even suggest anything other than giving up and giving WF my home of 25 years after all this.

I sent her my reply stating that I would like to reply to WF with a reasonable settlement counter offer:

$50,000 + ~$30,000 (in Ch13 trust) = $80,000 — this $80k payment settles all claimed arrears & fines (~$115k) and brings current mortgage to current (immediate payment of the ~$30k trust, 90 days of the $50k payment).
~$485,000 balance remains on the same bad neg-amoritization Note; terminate the unfinished Chapter 13 application process to which WF objected; the Debtor will make his regular monthly payments due under the Note to Wells Fargo.
The Debtor will release any and all claims against Wells Fargo.
If the Debtor misses any monthly payment for the duration of the Note and does not cure the default within 30 days, Wells Fargo shall be entitled to immediately commence or reconvene foreclosure proceedings without seeking relief from stay or taking any other action.

Upon pleading along such lines via emails over the days to follow, she responded on Sunday, May 4:

I wish I had an answer to what you are going through but with this recent “offer” I’m afraid the options are now limited.  I will call you tomorrow to discuss.  I think it is time to consider dismissal of the case and surrender of the house.

I was further infuriated.

Then I received a phone call at work from Kerry on Monday, May 5.  She told me for the first time that there was a hearing scheduled for the next morning Tuesday, May 6 in which I would probably have to speak before the judge, explaining how I believe I was wronged.  I had little time to prepare, as this was the first I heard about the hearing date.  In fact, a similar thing happened with regard to the Feb hearing date — I received a phone call around 8AM that morning from Kerry informing me the hearing was happening at 9:30AM that morning.

Still in shock, as I continued to ponder over all that had recently occurred over the past several months since hiring Kerry, I also wondered why she didn’t even suggest seeking a continuance in order for me to have time to consider the counter “offer” from WF to which I only days prior became privy, or to seek an alternate pathway to settlement.  I decided this was the best plan that I would speak with her about the next morning prior to entering the courtroom.

She called me in the morning to tell me her car broke down leaving Shelby.  I shared with her my idea of continuance for having just been notified, and she agreed.  I then shared with her my great disappointment in her recent change of heart with regard to pursuing suit against WF in hopes of getting the arrears reduced and fines dropped, along with sharing how I would have spent around $15,000 in legal fees since all this began yet feeling no closer to a resolve.  She said that while she attempted to help me, she felt as though I was not satisfied with her representation and offered to withdraw and she would waive her legal fees — it wasn’t until sometime in the beginning of 2015 that she claimed she never made this offer and expected full payment in spite of her utter negligence and deceit in representation.

She decided it was not necessary for her to come to the hearing, and I went before the bankruptcy judge by myself requesting a continuance to consider the WF offer and alternate options for settlement, as well as seek new counsel to represent and advise me at this point.  He granted 15 days and set up the continued hearing for May 20.

Over these months I had been sharing much of this with a friend of mine, Dan Rosenthal, who has been living in Historic Montford over the past few years.  He and his wife had been looking for another Montford property with more house and yard space for their two growing daughters.  They had been considering the possibility of purchasing my house, and became more serious about doing so.

Although I had longed to sell my investment property of 26 years for at least market value (at that time ~$800k), the City forcing me into a literal nightmare in dealing with a crooked lending institution who merely wanted to take my property, along with a couple of dishonest lawyers, had driven me to a point of despair where I no longer felt I had any recourse whatsoever to these various injustices causing me great financial and emotional damages.  I therefore settled on a sort of unofficial “short sale” of $650 selling price for my property, in order to settle this matter of the outstanding note and finally put an end to this entire ordeal without it being dragged on any longer than it already has, by what can be described as no more than a bunch of looters.

I then spent another several thousand dollars on hiring yet another bankruptcy lawyer in Asheville, Rod Kight, to handle the settlement proceedings with WF.

During these negotiation proceedings to follow, while WF was being insistent upon its claim of “legal fees” totaling over $40k, plus a host of other frivolous fines and fees, Laura Ceva (formerly of Soboleski Law) came to the rescue by writing yet another letter on my behalf explaining how she viewed a potential lawsuit against WF to be successful for now being able to much more easily show the financial damages I had incurred.  WF then finally agreed to settle for principal plus interest, and withdraw all other claims.  I then agreed to withdraw my various charges against WF.

The house closing occurred on Nov 17, 2014.  I finally saw the proceeds of the sale in June and July of 2015, which were only a fraction of what would have been according to fair market value of the property.

Afterwards, I sought justice through peaceful and legal recourse for relief of the various damages the City of Asheville has caused me, including but not limited to financial damages (loss of credit, legal fees, short sale loss, and various property value losses) as well as health damages (over four years of extreme stress and depression), as it violated my civil and natural rights as guaranteed by the US Constitution.

I spent around $1000 to a local law firm to investigate the difficulty of bringing such a suit against the City of Asheville.  It was discovered and explained to me that I would have to win in four different areas, each given 25-30% chance of victory, and the case would be dismissed if I lost on any one of the four areas.

It was obvious at that point there was no justice to be had after being so overly victimized by the City of Asheville.

This is how Socialism destroyed my livelihood.

This is Collectivism.

— — —

I have to wonder about the present state of our American system of justice which allows a banking institution to get away with intentional deceit and fraud.  To recap, here is a list of factual events for consideration regarding my dealings with Wells Fargo:

• My attempt to seek a loan modification prior to mortgage default from this publicly bailed-out bank;
• My being told that my payment history was perfect and therefore was not eligible to apply for a loan modification unless I was in at least two months of default;
• My following this advice and proceeding to request for the loan modification application to be considered, yet WF initiated the foreclosure procedure thus forcing me to cover legal fees in order to protect my property rather than simply working with me on a loan modification process;
• My being led to believe WF actually had intention to consider the loan modification once I procured legal counsel — I discovered much later that the WF attorney told my first bankruptcy attorney that while it was supposedly considering a loan mod, it was really not going to ever consider approving one because I was "violating City code", which was false because I had complied with the City's mandate under duress of massive daily fines since December of 2010;
• My attorney and I being told by WF that upon going through my financial data, I would qualify for the loan modification if I could increase my monthly income by ~$300;
• My following this advice by gaining more hours from my employer, gaining additional employment, and adding one additional renter (in accordance with another suggested zoning plan by the City allowing for 5 rather than 4 renters to maintain compliance), thus showing an increase in monthly income of at least $600 (doubling WF’s qualification figure);
• My supplying WF this financial data via my attorney for at least six months as instructed by WF;
• WF dragging out this process for at least six months only to finally respond to my attorney that it decided to foreclose on my property, giving absolutely no reason for doing so and making no mention of the fact that we had been showing the financial data WF requested from me in order to qualify for the loan modification;
• My attorney immediately responding to WF in the 4/29/13 letter which included the following statement:  "Mr. Carman has, in good faith, been ready, willing, and able to submit this application since December 2012 showing, as advised by Wells Fargo’s representatives, additional income.  At this time, Mr. Carman is poised to file suit against Wells Fargo Bank, N.A. for violations of North Carolina’s Unfair and Deceptive Trade Practices Statute (N.C. General Statute §75-1.1) along with other equitable and injunctive remedies pursuant to North Carolina General Statute §45-21.34.";
• My continued effort to again follow the instruction of WF, in initiating from scratch the entire loan modification application process, thus dragging on the entire ordeal even further — again, by WF's instruction;
• WF's response, denying my loan application giving no specific reason and ignoring the financial data given which proved monthly income qualification for the loan modification according to the previous statement by WF;
• WF's continued perseverance toward foreclosure in spite of even a legitimate bankruptcy plan to save my property, and in light of WF's attorney's comment regarding WF's intent to deny said loan modification because of non-compliance with the City (which again is a complete falsehood);
• That in spite of this loan modification process being dragged out so long by WF rather than myself, WF insists that I should pay for its own self-induced claimed legal fees;
• That this entire ordeal perfectly exemplifies how in spite of my procuring legal defense, WF and other various banks who capitalized on the publicly funded bank bailouts have likewise victimized homeowners by luring them into a loan modification application process which would be dragged out as long as possible in order to create a financial mountain of debt which cannot be reasonably covered by the homeowner, so that foreclose on their property would ensue;
• That WF cannot even produce the original signed in ink note in accordance with the Uniform Commercial Code (U.C.C. § 3-501. PRESENTMENT.) — I have been told by my last bankruptcy attorney that adherence to this law isn’t mandated in NC.. I then must wonder why both creditor and debtor must sign in triplicate three original notes, as opposed to simply signing one and make copies;
• That in spite of my following every procedure and instruction given to me by WF in good faith that it would actually work with me in a loan modification, and after procuring legal defense to ensure WF would not likewise financially victimize me, I have now lost all of the equity I have created in my historic property over 26 years — and in effect, lost my home and investment which I was bequeathed upon the death of my parents;
• That it is deplorable WF can break the law and steal property from homeowners who are supposed to be aided in the taxpayer funded post-mortgage-bubble-burst “bailout” not only with impunity, but can further get away with charging the homeowner its own self-induced “legal fees” in the process.

Worse, I have to wonder about the present state of our American system of government, even to the point where local government itself can get away with deceit and fraud while violating both natural and civil law, including but not limited to:

1. violation of my natural right to privacy and property;
2. deceitful denial of my civil right of “Use by Right” (aka: “grandfathering”);
3. Fifth Amendment violation — “boardinghouse” property use rights taking (thus devaluing my property) without compensation;
4. Fifth Amendment violation — B&B property use rights taking (thus devaluing my property) without compensation;
5. Fourteenth Amendment violation — unequal protection and enforcement of law.

Should such egregious tyrannical actions be tolerated by a would-be People in a so called “Land of the free, and home of the brave”?

This is only my story of how tyranny came knocking on my door — literally.  However, my horror story is hardly alone.  One can readily find a myriad of other stories which exemplify tyranny perpetrated upon the American people by the very government whose only just function is to protect against such violations of Natural Rights.

I tell my story in such detail in hopes of further revealing the deceit of the false “left/liberal” vs. “right/conservative” political paradigm, so that more individuals might better recognize the fact that Socialism, along with all other such “isms” like Communism, Fascism, Utilitarianism, Nazism, etc., are all social political economic constructs rooted in the philosophy of Collectivism, which allows for the usurpation and/or violation of our unalienable and individual Creator-given Natural Rights, paramount being the right of self-ownership and of free will.

The incorporation of Collectivism in any of its tyrannical forms within any STATE yields the fruit of turmoil, poverty, and tyranny.  Such is what Americans have been witnessing for at least the last century.

By contrast, the incorporation of Individualism within any STATE yields the fruit of peace, prosperity, and liberty.  The reason for this is because the philosophy of Individualism fully recognizes and honors Natural Rights of every individual.

To learn more about Natural Rights and the paramount necessity of reforming Civil Law to honor them, visit


bernard baruch carman
* * *
- truth seeker/seeder • SeedsOfTruth∞Liberty
- infinityGAMESSmokinGames • audio/Mac specialist
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  1. I know the writer, Bernard Carmen, as a decent, honest man. It grieves me that the City of Asheville should have treated him so poorly and that the City Council took no action on his behalf. I think the situation progressed as it did because he had no political clout, and then spun out of control when the courts became his only remedy. Thanks to him for taking the time and care to write this. It should be required reading for every new council and commission board member.

  2. (at some point i'll add this new bit of information to this blog post...)

    actually, it's worse now, discovering this summer of 2018 that Wells Fraudgo has openly admitted errors in its loan modification refinance software, causing thousands of foreclosures — mine being one of them.

    the kicker is that upon contacting WF about the matter so they can investigate whether or not my loan was affected, their reply stated that my loan never went through a refinance process!

    the FACT is that i went through their fraking process THREE TIMES, through a local legal firm!

    however, after WF denied my loan mod refi three times, it forced me into the process of bankruptcy, which WF of course fought. it came to the point where WF FORCED me into selling my property and nest egg of 26 years short, or lose everything.

    as was warranted, i had to sign a release agreement which allows WF to be free & clear of such deceit. therefore, my lawyers tell me that i have no recourse because i signed that — in spite of WF now claiming it NEVER actually considered my loan mod refi applications, as if all of that which i had to pay for legal services never happened.

    the FACT that i have NO recourse tells me something — and it SHOULD tell everyone else the same thing: there IS NO JUSTICE in this corrupt system of government which people still call "America".

    i've said it before, and i'll say it again: people simply do not fathom the level of corruption & tyranny in this God forsaken country until it comes knocking on their door.

    i hate to think this way, but part of me wishes that which happened to me happened to EVERY American. perhaps then there would be an actual successful revolution. then again, probably not, as the masses would ignorantly blame their situation on the "other political party".