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AHRC

An Article      
Due Process Violations

Truckin for Truth!

April 22, 2007

By Taffy Rice (View author info)
Copyright Taffy Rice



1. Ohio has been ranked highest in the nation in foreclosures.  
  Hello, my name is Wendy W. Clardy. I live in Columbus, Ohio. The reason for contacting you is because, I was victimized by this term called Predatory Lending. I have been fighting this case since 2004 as a pro se litigant.

According to the news media here in Columbus, Ohio, Ohio has been ranked highest in the nation in foreclosures.

The media has quickly turned their attention to blame the mortgage industries, for this epidemic, to me it is unbalanced. I have proof in my case that the Secretary of Housing and Urban Development (HUD) from Cincinnati, Ohio, the Attorneys, and the Judges are just as much responsible,

The service lender Citimortgage Inc. started litigation in June 2004, stating that I had breached my Note and Mortgage Contract. Citimortgage Inc., was my service lender for 2yrs prior, and never notified me about any liens until litigation. HUD whom subrogated all my rights did not do an investigation in my case to see if the service lender"s claims were valid (according to my contract). Citimortgage sent me notice (summons) of intentions to foreclose my home. Citimortgage Inc., used my immunity protections from the Chapter 7 bankruptcy in 2002 to exclude me from the processes that the State Trial Court was having. Citimortgage Inc., showed no burden of proof. I called the Federal Trade Commissioners in August of 2004 about this dilemma I was facing. I was given a reference number of 4944-796 after the call.

I was ignored by the trial court, and denied any due process of a discovery, evidentiary hearing and trial, or access to the trial court to defend against the claims accused against me. I was even deprived of an appeal.

I was not given a vacate order to leave the premises. Some one entered my home while I was away and changed all locks, and put sticks in the windows. I lost everything I owned.

It was an immediate devastation (psychologically and emotionally) to me and my children. One of my children tried to attempt suicide after we found out that we lost our home. My Child tried to commit suicide again when I had to place him in children services. It took me almost two years to recoup. If it weren't for my psychologist, after he felt I was well enough to follow his directions, I would have not discovered what happened to me to start this fight.

In my research, I was reading the Judgment Entry from the granted Summary Judgment from the State Trial Court, and one of the Judge's facts, findings and conclusion were, (paraphrasing) 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, The cross-claimant, and the United State of America (HUD), and without my say in it at all. It was an unfair fight.

I have managed to have one of the liens vacated that was used in the trial court procedures as the subject matter to foreclose my home. There is another lien that is misrepresented and fraudulent; for this attorney had claimed of rendered services given to me in 1995 and that I had breached the contract. The judgment was granted for this attorney in 2002. The attorney had this lien turned into a Tax lien, and this attorney had this lien attached to my home also, and without my knowledge of it. I have never had a contract with this attorney. I have tried to have this lien vacated however, I was told by the Mediator in Appellate Court that there was nothing that could be done about it. This concerns me. This is the lien that was used, it was just cloaked, and for the reasons I am being denied to vacate this case to go to trial.

Since January 2007 I have found out by letter I am a victim of Financial Institutional Fraud, in New York, concerning my home from August, 2004. The State Courts in Columbus, Ohio will not allow me to have a trial. They 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.

I feel I have a responsibility to expose this information to the communities and the news media, to anyone that will listen. The Congress and the Legislators need to implement tougher laws for the mortgage industries and implement some tougher laws for law breakers that are suppose to enforce the laws in our judicial systems, Furthermore, allowing audits to the court records in the civil courts systems, since predatory lending is paramount in the United States, and for the reasons we have such xxxx@yahoo.com. I look forward to hearing from you.

Sincerely,
Wendy W. Clardy

Posted Nov 26 2007 4:05AM CET
 
  wendy Clardy (View Profile)
Columbus, Ohio
 
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