A Request hand delivered to U. S. Representative Cummings

May 05, 2008

By Wendy Clardy (View author info)

Wendy W. Clardy
Columbus, Ohio 43203
Phone: xxx
E-mail: xxx

April 25, 2008

Representative Elijah Cummings,
House of Representatives
Washington D.C.

Attention: Aretha Jones - Legislative Director

Hand delivered

Dear Representative Cummings:

In April 2002, I refinanced my home from Trustcorp Mortgage to Liberty Mortgage. In May 2002, I did a Chapter 7 bankruptcy and to protect my home. I had a reaffirmation agreement contract drawn up by my bankruptcy lawyer, and given to Cititmortgage Inc who was the servicer of my loan to continue the payments.

October 2002 was the discharge. July 2003, as I had just lost some hours in my employment; I took the initiative to call Cititimortgage Inc., who was assigned to service the loan. I asked for forbearance. Citimortgage Inc. did not send the document to view and sign until October of 2004. I was late 3 months.

My mortgage amount was $555.55 dollars each month. According to the forbearance plan, my mortgage was $623.00 dollars, and I my arrears were calculated to be $3000 dollars with other excessive fees included. I paid $412.00 dollars in November 2003 and another $413.00 dollars in December 2003, according to the contract. I was to pay after this initial payment, $823.00 a month for 17 months. I would have to pay over $13,000.

I called Citimortgage Inc. in January 2004, to discuss the issues of excessive fees and miscalculations in the amounts of money to pay. I asked Citimortgage Inc. to correct the problem. They did not respond. From January to March of 2004, I kept calling for them to address the problem.

After I asked for a loan modification, a loss mitigation representative told me that they could not do a loan modification, although I was FHA, because there was someone investing on my loan. I was told to pay $3,000 dollars if I wanted to have a loan modification. I asked the representative for information on who was investing on my loan. I was told that it was Country Securities.

In May of 2004 I tried to refinance my loan but it was stopped by Citimortgage Inc. After I signed a release of information for Bayview to obtain information from Citimortgage, Citimortgage told Bayview Mortgage not to deal with me, because I was severely late on my mortgage and told the refinance company that if I wanted to do the refinance, I would have to call Citimortgage to have them to send pay history and payoff amount. There was no response from Citimortgage.

Andre Cook from Bayview Mortgage visited my home offering me a solution to own my home through Redwood Trust Mortgage. I was to make a down payment of $25.00 dollars in a money order, and $3000 dollars at a later date, when Redwood Trust Mortgage would information about the transfer of the deed. As I was desperate to save my home; I paid the $25.00 dollar money order.

In June 2004, I was given notice of claims for foreclosure due to default on Mortgage and Note, a breached contract, liens, and immunity by virtue of bankruptcy (Encumbrance claims).

I had 30 days to find a lawyer, I sought a legal aid attorney, a pro bono attorney, and offered to retain a lawyer, but no one wanted to take my case. I answered the complaint in July 2004. Citimortgage did a Summary Judgment in August.

I was still waiting for notifications from the court Judge, and the clerk's office. I was hospitalized October of 2004. November 5, 2004, I came home to find all windows with sticks in them and all locks changed as though a lock smith came out and changed the locks to each door. I receive no orders to vacate the premises from the court.
I was in counseling for 18 months, after this ordeal.

In May of 2006, I was well enough to go find out what else had been done on this case. I went to the records department in Franklin County Common Pleas, and found there was a party to the case that was a part of the proceedings, without being a party to the case, namely "The Secretary of Housing and Urban Development," (HUD) from Cincinnati, Ohio.

HUD subrogated all my rights without doing an investigation to see if the claims from Citimortgage were valid according to my mortgage contract. My $68,000 dollar home was reduced to under $50,000 in order that Citimortgage could buy the home, and then gave my home to HUD who put my home on auction and resold my home for $135,000 dollars in order to satisfy a $75,000 dollar debt that could not be explained.

August 2006, I appealed my case to the 10th District Appellate Courts of Appeals requesting the court to void the summary judgment based on lack of notice and subject matter and jurisdiction from September of 2004-March of 2005.

I asked to have a jury trial, for I had vacated the misrepresented liens that were represented as subject matter for jurisdiction in the Franklin County Municipal Court. In January 8, 2007, I received in the mail a document from the Department Of Justice in New Albany, New York, dated 2006, that I was a victim of Financial Institutional Fraud due to a scam bust involving Redwood Trust Mortgage.

On March 15, 2007 at oral argument, the attorney from Citimortgage Inc., had admitted fact that they did not give me any notices, but the attorney asked the court to deny my case anyway.

In July 2007, my case was denied, with opinions from the panel of Judges, who stated that they did not have jurisdiction over the case in order to give the remedies that I had requested, and that I had no merit.

In August 2007, I appealed to the Ohio Supreme Court. Citimortgage Inc. wrote a late brief, and asked the court to deny my case due to my case having no Constitutional question. In November 21, 2007, I was denied by Chief Justice Thomas Moyer due to no Constitutional question, in addition I was denied jurisdiction.

HUD is the key in this case. The courts allowed a bank/loan servicer to take my home without an investigation being performed by HUD in my case to validate the claims from the bank according to my FHA mortgage contract. HUD from Cincinnati, Ohio was used as a cover to perform illegal and fraudulent activities, on behalf of Citimortgage Inc. and the state court judge permitted the action, ultimately infringing on my right to notice, right to notice according to my mortgage contract, right to due process, and right to a fair trial.

I am requesting this case to be investigated to the fullest extent that the law will allow, I am asking to be made whole (restitution). I have been made a victim not once but twice. There is fraud upon the court in this case.

There are other citizens in Ohio that have suffered in the same manner, especially if they are FHA homeowners, and have done a Chapter 7 bankruptcy; during the years of 2000--and ongoing. Laws have not been implemented to stop the fraudulent activity done by HUD officials, state, local, and government officials that work in government offices such as the judiciary, and the Secretary of Housing and Urban Development.

Cc:
Jerrod Bourke
Office of Representative Kusinich

Wendy Clardy is the editor of Ohio Homeowners News - an affiliate of AHRC News Services