December 15, 2007

By Wendy Clardy (View author info)

Representative John Conyers; Senator Leahy; Burton Wide
U S House Judiciary Committee - The Honorable John Conyers - Chairman 2007
2426 Rayburn Building
Washington, DC 20515

From: Wendy Clardy
960 Mt. Vernon Avenue
Columbus, OH 20515

Date:December 15, 2007 12:52AM PST

Subject: Foreclosure/Fraud/Complaint and Due Process violations

Dear Congressman John Conyers - Chairman - House Judiciary Committee , Senator Leahy - Chairman - U. S. Senate Judiciary Committee, Burton Wides - Counsel

I am requesting an investigation about my due process rights that have been violated. In addition, to investigate a foreclosure and fraud that has been done in this case by Judge David Fais in the state court of Ohio and Citimortgage Inc., and Counsel Steven L. Sacks.

Case No. CVE 06 6763 (to have Summary Judgment vacated), and 06 APE 10 1011 (to reverse the appeals judgment/opinion, and vacated)

This case is a foreclosure case, litigated June 29, 2004, with Plaintiff's complaint/ claims of default on mortgage and note, defeasance of contract, immunity by virtue of bankruptcy, and claims of interests in the real property by two cross-claimants from a bankruptcy chapter 7 discharge from October 20, 2002. (Attorney Alison A. Watkins-Gill from law firm Fusco, Mackey Matthews, Smith and Watkins, and Bur Mar Enterprises dba CheckLand).

I became a pro se litigant to the case, because legal aid attorneys would not take this case, nor did I have the income to hire other attorneys due to excessive high fees. I answered the complaint. Citimortgage counsel Motioned for summary judgment, and I did not hear back from the trial court, or the counsel.
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I was not given a vacate order to leave the premises. Some one entered my home while I was away in the hospital October of 2004; I came home to changed locks to the doors, and sticks in the windows. There were no notification(s) in the mail or otherwise. I lost my home, and everything in it.

In my research, May of 2006, I went to the clerk of court records to see what they did to my personal property and my home. I read the granted Summary Judgment entered from the State Trial Court dated on September 7, 2004, and one of the Judge's facts, findings and conclusion stated, "If the United States of America has a lien on the real estate, then the United States of America shall redeem it under Title 28, section 2410 (c), United States Code."

The litigation was between Citimortgage Inc, the counsels, the cross-claimant(s), and the United State of America (HUD) from Cincinnati, Ohio. I was not a part of the Judgment, only that I was immune by virtue of bankruptcy. My name is not anywhere in the judgment entries for orders for notifications,or an appeal or as pro se litigant in the case. The Court had processes up to March of 2005, and in each judgment entry I was not mentioned for orders, notifications, or to have a notification/copy of the judgment entry.

HUD had intervened without being notified as a party to the case. I did not get notified that HUD was a party of the proceedings to foreclose/Sale, and discharge erroneous liens and discharge my mortgage without any investigation to see if the claims of Citimortgage Inc., were valid. Burden of proof was not shown on the record.

I have managed to have one of the liens vacated that was used in the trial court procedures as the subject matter for jurisdiction to foreclose my home. There is another judgment that is misrepresented. This attorney had claimed of rendered services given to me in 1995 and that I had breached a contract. The judgment was granted for this attorney in 2002. The attorney had this judgment turned into a Tax lien, and had this lien attached to my home was not notified at all by Citimortgage Inc. at all until the litigation process began. I have never had a contract with this attorney.

I have tried to have this judgment vacated. However, I was told by the Mediator in the court of appeals, Tenth Appellate District in Ohio that there was nothing that could be done about it. I was coerced to dismiss this case. I was given a letter from the attorney in question. Case Number 06 APG-11-1207.

January 8, 2007 I was sent a letter informing that I am a victim of Financial Institution Fraud from New York. Case Number 2004R00747 and Court docket number 05-CR-0337. I was not notified to be apart of claims for restitution.

The State trial court and the Appeals Court say I have no merit.

The Ohio Supreme Court dismissed my case November 21, 2007, asserting that they will not take jurisdiction, and that I have no constitutional question.

However, I believe that this case involves great public and general interest, and that this case contains a constitutional question of whether a corporation and a trial court may do a foreclosure using HUD without being a party to the proceedings, with no notices, using an invalid and improper subject matter for jurisdiction.

Whether a trial court may proceed with the United State of America under Title 28 section 2410 (c) United States Code to discharge invalid, erroneous, misrepresented, and fraudulent liens without any investigations, discovery; evidentiary hearing; or a hearing/trial? To foreclose and Sale, and subrogate my rights without notification as a party to the proceedings

Whether a trial court may declare that I am immune by virtue of a bankruptcy. Removing me from the processes of the court's procedures to have no access to the trial court proceedings; taking away my right to due process, and an appeal.

I have sought a bankruptcy attorney recently to help me reopen the bankruptcy case to put the two cross-claimants that were used in the taking of my home back in the original bankruptcy case (although they were discharge in State court) I have been refused because the attorney says, if the creditors are not after me at this time, he will not take the case.

I sought an attorney to help me petition this case to the U.S. Supreme Court. she stated that it usually cost between $10,000-$20,000 dollars to retain a lawyer to petition the U.S Supreme Cout. Futhermore she stated, "this is what they do to us people when we have no income and have no education about the law." This Attorney was an African American woman, and stating further that this case is too complicated; implying that she did not want to do this case.

Ohio has been ranked highest in the nation in foreclosures and Cuyahoga County is the highest in foreclosures in the state of Ohio.

I am a single parent. An African American woman/mother of five children. I am low-income. I need help in getting my home back and restitution. American Homeowners Resource Center has helped me tremendously in my quest to write a letter to you.

I look forward to hearing from you. If you have any questions please call me at 614-252-2621 or e-mail me at xxxxxxy@wendyclardyministries.org. Thank you for your time in this matter.

Wendy Clardy
Ohio Homeowners News