Bank of America N.A. is attempting to take possession on my property in Alice, Texas 78332. The bank has not proven that it owns the note or even has the authority to enforce such demands as a petition of a forcible detainer. The home is rightfully owned by Mr. Rodriguez for approximately the last 14 years Mr. Rodriguez has been on Deed of Trust recorded in public records in Jim Wells County. I dont have to prove ownership of my own property. The authority to act on the note by showing all endorsements in the chain of title from beginning to the end of the note that secure the loan, its Bank of America responsibility to show it authority to act on the note.
I, Mr. Rodriguez, on October 21th of 1998, signed a Deed of Trust and a Promissory note that secure the loans for Alice, Texas 78332 with Countrywide Home Loan, Inc. I have paid my mortgage monthly and on time until April 2011. [continued below]....
..... A lady reprehensive from Bank of America told me that Bank of America never owned or had a Deed of Trust or the Promissory note that secure the loan and advised me to hire an attorney to request the documents from the Bank to prove ownership of the Promissory Note. I stopped all payments at that time and demanded Bank of America to show me that they were in fact the owner to the Promissory Note that allowed the bank to collect on the Note.
When I stopped all payment my balance was $13,148.86 on a $60,000 Promissory Note. I have offered to pay off the balance $13,148.86 to Bank of America, only if they were willing to present me the promissory Note that secured the loan with all endorsements in the chain of title, but they still refused. The only common answer to all this is that Bank of America doesnt have the documents to prove ownership of the Note or they want to keep the concealment of the Note and take possession of the property.
I hired an attorney from Corpus Christi by the name of Lamar G. Clemsons from ENGLISH & CLEMONS, L.L.P. on November 9, 2011. He requested Bank of America to prove ownership of the Promissory Note and Deed of Trust with all endorsements in the chain of title from beginning to the end of the note that secure the loan.
On January 17, 2012, I Mr. Rodriguez wrote a complaint letter called the qualified written request to Bank of America, an official letter provided by the Real Estate Statement Procedures Act (RESPA). I understand that under Section 6 of RESPA the Bank of America is required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days. Bank of America never responded to the qualified written request.
Bank of America has repeatedly refused to provide such documents proving that they are in fact the holder in due course of the Promissory Note that secure the Deed of Trust. Bank of America has been concealing, defrauding, wrongful fore- closuring, slandering to title, and has intentional infliction of emotional distress and not only defamation but libel.
Bank of America created all this torture upon my family and me from one lie, because there were no documents to prove ownership to my property. Over $13,000 my family had to experienced hardship by giving up their happiness and wellbeing and security. Unbelievable but it is true how selfish one has become.
Bank of America N.A. foreclosed on another property belonging to me and my family. Its a homestead home located at Pflugerville, Texas 78660. Homestead loans have proper procedures in place that have to be executed and verified by the property owner who has possession of the property in dispute before a foreclosure can proceed legally. For the example this is one of procedures in place - Helping Families Save Their Homes Act of 2009 (the 2009 Act) amended the Truth in Lending Act to require that borrowers be notified whenever ownership of their mortgage loan is transferred. The new owner or assignee must notify the borrower in writing, within thirty days after the loan sold orassigned, of its identity, address, telephone number, and the date of transfer and location where the transfer is recorded. In addition, the new owner must disclose how the borrower may reach an agent or party with authority to act on behalf of the new owner, and any other relevant information.
Bank of America and all the attorney from Law Firm Barrett Daffin Frappier Turner & Engel, L.L.P, have intentional created fraud by deception and now they are trying to take possession of our personal property without showing authorization to enforce on the Promissory Note this is causing enormous amount of emotional distress on the owner and family.
Bank of America, Recontrust Company N.A. and the attorneys from Law Firm Barrett Daffin Frappier Turner & Engel,L.L.P are committing theft by deception, wire fraud, impersonating a public servant and are in violation of the RICO act 1974. These are four felonies among other violations and fines that may apply to this senseless, selfishness, greediness organizes crimes made by certain individuals in these organizations with the abuses of their authority.
I will fight for my rights as a home owner and as a father, I have to defend my family and myself, they leave me no choice. I have terminated my contract with my attorney and now I am going Pro Se, so there can be some kind of fairness in the courts, there will be no more immunity among the court systems in my trails. I promise my God, I will start cleaning house one at a time with the power of my lord Jesus Christi who strength me. I fight back with all my might and power until they stop all this harassment and torture to my family and me. I will give the power to the people not to the courts to make judgments on all my complaints. Our courts cant protect us anymore, how sad that has become, we cant depend on the one thing that the court were made for and that is the protection of the people to keep peace in society.
On September 21, 2012 Bank of America N.A. (Plaintiff) represented by attorney Tasha James - State Bar No. 24055729, with the Law Firm Barrett Daffin Frappier Turner &Engel, L.L.P. 15000 Surveyor Boulevard,Suite 100 Addison, Texas 75001., filed an Original Petition for Forcible Detainer with Cause No.015311. Hearingwas set for September 28th 2012 at 10:00 a.m. The Law Firm of Barrett, Daffin, Frappier, Turner & Engel, L.L.P. filed the case in JP Court on purpose. They, being lawyers, know that a Justice of the Peace cannot rule on matters involving monetary values beyond $10,000.
In the State of Texas, Real Estate states laws that pertain to a foreclosure procedures for example the owner of the note is theonly one that can enforce the note for a legal foreclosure to be executed.
On Friday September 28th right before the court hearing, a man approach my wife and I, and he announced himself as William Larew the lawyer for the Plaintiff, Bank of America N.A. William Larew said he was sent by the Law Firm Barrett Daffin Frappier Turner & Engel, L.L.P. 15000 Surveyor Boulevard, Suite 100 Addison, Texas 75001.
J.P.Judge walked-in to the court room and everyone introduced themselves. I asked William Larew for his Lawyer License with the State Bar No. He wouldnt give me an answer he kept looking down in a strange way.
The J.P. Judge answered for the attorney William Larew and said that he knew him and he was good to go and let get on with the trial. J.P. Judge willfully committed fraud for allowing Mr. Larew to pretend he was a lawyer and to practice law in his court. J.P. Judge knowingly broke the law and allowed a misrepresentation before the peoples court. Not only my civil rights were violated, but my privacy of financial obligation was violated. J.P. Judge made me answer some questions from Mr. Larew that had a lot of my private financial information .Mr. Larew has my personal file from Bank of America and Tasha James which only my attorney had in possession.
(Defendant) Joe Oscar Rodriguez filed a motion to dismiss a petition for forcible detainer. The Judge wouldnt even read my motion to dismiss, or let me read any laws that pertain to a foreclosure procedures for example the owner of the note is the only one that can enforce the note for a legal foreclosure to be executed.
J.P. Judge would ignore me and was disrespectful to my wife and me as a Pro Se, so I spoke out and said to the Judge, that he was denying me my Due process in violation of my fourth Amendment (civil rights) and he threatened to put me in jail for getting out of line. He ruled against me and gave the judgment to Bank of America N.A. without having any documents to prove ownership to the disputed property. The deed of trust and promissory note that secure the loan has to be tangible documents according to the law.
Without letting me to verify Mr. Larews license to practice law, the judge vouched that Mr. Larew was a qualified attorney to practice law. The Judge conspired to a crime at that point. The Judge intentionally violated the laws by stepping outside the scope of his authority. He no longer has absolute immunity because he acted as an individual not as a public servant. J.P. Judge has conspired in a felony in letting Mr. Larew to impersonate a public servant, conspiracy to commit a felony by theft by deception, is in violation of RICO act 1970, and mail and wire fraud.
There is no room in the people courts for this kind of behavior. I am filing criminal charges on all individuals in these organizations who abuse and the misused of their authority in the court system. They are responsible for these senseless, selfishness, greediness, and organized crimes.
Who benefits from these crimes? Where is the justice in all this torture to one family? When will this intentional infliction of emotional distress stop? The courts are the frontline of defense for the elderly, disability, children, and all the other honest citizens. We pray to God for our courts system not to become broken by the corruptions of some individuals that endanger our society.
I have written the facts stated in the statement above in this affidavit. They are true and correct to my knowledge.
Mr. R - (wife) Mrs. Y