First time homebuyers BEWARE! Do a Phase I inspection with an industrial hygienist before buying any property that was remodeled or was previously owned! For the sake of your familys safety and your financial future. Do a local sheriffs CAD History of your house to see any previous drug history, and hire an attorney outside of the area you are buying your house in the same state! Dont sign anything if you see something called a trust on any of your documents, it is probably a sham.
We have a very good case against, Chase Home Finance llc, First bank mortgage- Augusta ,GA, Cornerstone Bank, SC, 1st American title ins. co., Wells Fargo, David W. Gantt, Pfeiffer, Gantt & Gleaton, Fox Appraisals etc.
I would like to file a suit under one or more of the following: consumer fraud, predatory lending, antitrust violations, mortgage fraud, plaintiffs RICO and others?
Perhaps a class action against the lenders and title insurance co.?
A number of "wealthy and powerful" real estate investors bought a former contaminated meth lab house in Greenville, SC and used something called an A-B-C short sale flip fraud with a "sham" illinois land trust to illegally take title. Then our seller (Karla Kuhn: Upstate Creia.com) coerced us into using fellow Upstate Creia.com attorney (David Gantt), to close the transaction while we were in Maryland packing. Problem is, the closing attorney closed on the 1st transaction and helped create the fake land trust with the drug dealers and our seller above. He even signed an eviction letter acting outside closing.
The closing attorney waited until we signed all the closing documents, while he was speaking like an auctioneer fast, and when we were finished he pulled out a conflict of interest form and said quote: in the event you decide to sue (our seller above), I cant represent you since I represented her in previous transactions.
Mr. David W. Gantt (Pfeiffer, Gantt & Gleaton) coerced us into purchasing an owners title insurance policy with 1st American Title Insurance policy using his own firms P&G title insurance co. At closing we gave him check # 1452 with M&T Bank for $75 for our policy, but he put the $75 paid over onto the sellers side of the HUD-1, and then he mailed us our policy a couple days after closing?
Then the closing attorney helped fellow investor (Karla Kuhn) to launder the fraudulent over inflated proceeds into and through another "sham" llc and subsequently into her self- directed IRA with Entrust Carolinas LLC a.k.a. Entrust Group ( a 3 billion dollar company ).
There was "no" land trust agreement, no land trust numbers on the deed, mortgage, or HUD-1. No land trust riders vmp forms 1040IL or 1041IL, no assignment of beneficial interest, no llc certificate in land trust.
THIS WAS ALL DONE WITH APPROVAL OF THE BANKS, BROKERS, ATTORNEYS, UNDERWRITERS AND SECURITIZERS.
Please Google: Wells Fargo Wholesale underwriting guidelines Section 201 Illinois land trust usage.
Wells fargo was the A part of A-B-C short sale: search Greenville county.org, search: real estate index, then type in Ward Edward, scroll down to the bottom Edward ralph ward, jr., then see his mortgage satisfaction on August 23, 2007. Wells fargo lost the mortgage, but MOST IMPORTANT look at the top left of the satisfaction deed at the mailing address back to Edward ward, jr. It is 2453 E. North Street #104. This is the address of the fake Ward-Rhodes land trust, Koby co. LLC, Caco Acres, LLC, Kt properties LLC, Entrust Carolinas LLC aka entrust group. Edward ralph ward, jr. lives at 11 cliffside drive, Greenville.
This is a massive crime, fraud, circle of wealthy powerful people at Upstate creia.com that has extensive connections in the judicial system with two judges as members. WE DIDNT HAVE A CHANCE in our former civil suit against the seller!
Now Chase Home Finance has the gall to file lis pendens against us after we dumped a copy of our loan closing file on the FBI, DOJ antitrust, IRS CI and Department of Veterans Affairs.
We attempted to sue the seller and the former drug dealers that were de facto owners, but the defendants had too many contacts downtown at the courthouse.
Please see Upstate Creia.com under "products" cd volume 22: Master in Equity- Judge Charles B. Simmons, Jr., volume 10-David Gantt (closing attorney) and meet the board, Karla Kuhn (our seller). See volume 9 Meth labs on your property. We have this cd, we sneaked in and bought it at a meeting.
We were fraudulently induced into settling our lawsuit 2009-CP-230-0730 with Ms. Kuhn, ward, Jr., sarah rhodes and koby co. llc, BUT the General Release was very ambiguous and DID NOT name specifically other parties outside the lawsuit.
THEREFORE, CHASE AND ALL THE PARTIES ABOVE "ARE FAIRGAME" ACCORDING TO WHAT OTHER FIRMS TOLD ME, BUT THE MULTIPLE FIRMS IVE TALKED TO DONT WANT TO COMMIT THE RESOURCES OR TIME? I HAVE EXTENSIVE DOCUMENTS AND THE CLOSING PACKAGE ON DVD?
We dont have the money for a large retainer to fight these giants, I only receive 100% VA compensation for my wife and I to live on and the previous forced settlement suit has ruined our credit.
Can you help us, they shouldn't get away with this, the banks at least.
Our prior suit could even be reopened and litigated further using supreme court decision Desktop vs. Digital: where information was witheld from digital in mediation that would have had a bearing on the value of the case they didn't know about.
My wife was terribly sick during mediation, our case was 40j ed without our approval before mediation to put us into a position to accept settlement by our own attorney, and test results from and industrial hygienist's tests on our house was "witheld before, during, and after mediation".
I HAVE EXTENSIVE FILES, DEPOSITIONS, COMPLAINTS, INTERROGATORIES, CONTRACTS AND OUR FIRST ATTORNEY'S ENTIRE FILE BURNED ON DVD.
I submitted an affidavit in a hail marry attempt to defend ourselves pro se against Chase's lis pendens in Greenville, SC, but the clerk of court sent it back saying Chase never filed a complaint with the lis pendens?
We submitted a previous affidavit pro se opposing summary judgment on Jan. 25, 2010 at the Greenville county courthouse, when we were in between our 1st and second lawyer, so our non- disclosure agreement is basically ineffective since a common exception is information already in "public domain" prior to the NDA. The majority of ours was and is.
Here is the affidavit, minus exhibits, PLEASE HELP US:
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Chase Home Finance LLC. ) AFFIDAVIT OPPOSING FORECLOSURE AND
) CITING CONFLICT OF INTEREST/
Plaintiffs, ) CHANGE OF VENUE REQUEST
vs. ) Case No. : II2015
Troy & Lisa Fallon )
Personally appeared before me, Troy & Lisa Fallon, who first being duly sworn, deposes the following:
CONFLICT OF INTEREST
1. The above case is directly related to Case No. 2009-CP-230-0730 Fallons vs. Kuhns et. Al. as it relates directly to the property at 102 Cole Road, Greenville, SC 29611, please see Public Access Court Electronic Records ( PACER ).We respectfully would like to bring it to the attention of the SC Supreme Court and 13th Circuit that there exists a Conflict of Interest concerning Judge Charles B. Simmons Jr. and the above case, please see erased picture of UCreia CD. Exhibit A-1. Although we are bound by a Non Disclosure agreement obtained under a fraudulent inducement when my wife was sick , there is a common exception that any information previously in the public domain can be divulged. Exhibit A-2. Our pro se affidavit opposing summary judgment dated January 25, 2010 on Case No. 2009-CP-23-0730 is available via the court public access court electronic records and all evidence that was accumulated was acquired by my wife and myself via Google, Deeds Office, SC Secretary of States Office and Upstate Creia.com and other public resources. Our seller( Karla Kuhn), David Gantt (Our closing attorney), Lloyd Kuhn (Koby Co. LLC agent), and Judge Charles B. Simmons Jr. (Master in Equity for Greenville, SC) are all members of Upstate Carolina real estate investors association. Upstate Creia is an organization which teaches its members creative real estate investing & means of asset protection. Exhibit A-3, A-4.
2. This conflict of interest with our foreclosure proceeding would cause an unfair and biased legal proceeding as previously occurred with our loan closing at Pfeiffer, Gantt & Gleaton on July 23, 2007. Mr. David Gantt had closed on 102 Cole road with Sarah Rhodes and Edward Ward, Jr. and our closing simultaneously violating the lenders General Prohibitions and the SC code of ethics. He is also Upstate Creias personal attorney. Exhibit A-5, A-6, A-7. I requested a copy of my loan closing file from Pfeiffer, Gantt & Gleaton on May 20, 2010 for my own personal records, outside of the lawsuit 2009-CP-23-0730, to see how many people or businesses actually participated with the mortgage fraud scheme. Exhibit A-8. This request was outside the involvement of our discovery requests made by Joseph Armstrong at Foster Law Firm, since it was made personally by me under the FOIA and RESPA and not an official discovery request through him. Somehow my attorney Mr. Armstrong learned of my request and intercepted my request from a Scott Pfeiffer at Pfeiffer, Gantt & Gleaton and asked me to send it to him first citing its relevance to our lawsuit 2009-CP-23-0730. Exhibit A-9, A-10. This file, as complete as it is, reflects the collusion, participation, and cooperation of Chase Home Finance LLC, First Bank Mortgage, Cornerstone Bank, 1st American Title Insurance Co., David W. Gantt, Pfeiffer, Gantt & Gleaton, Brandon Batson(Cornerstone Bank), Fox Appraisals, underwriters, and assistants. I have included a copy of the loan file on DVD accompanying this affidavit on adobe acrobat. Exhibit A-11.
UNIFORM TRUST CODE: MORTGAGE LOAN AND DEEDS VOID
3. SC Uniform Trust Code cites that, South Carolina statutory law has consistently required that the declaration or creation of trusts in lands, tenaments or hereditaments be manifested and proved by some writing such as a trust agreement or last will. Absent such a writing, the trust would be void, per former South Carolina Probate Code Section 62-7-101 et. Seq.. Exhibit A-12. No land trust agreement was produced during Judge Millers motion hearing when he requested it on May 24, 2010 at our motion hearing, therefore it is a SHAM and the mortgage, deed, and contracts should be rescinded and fall under equitable estoppel and promissory estoppel. 1st American Title Insurance Co. states in their underwriting requirements that the land trust agreement must be reviewed by their underwriters before approval and that all members of the LLC being used must sign the loan closing documents, Lloyd Kuhn did not. Exhibit A-13 1st American Title Co. insured both the 1st mortgage closing with Sarah Rhodes and Edward Ward, Jr. and subsequently David W. Gantt suggested we buy a policy from them at our closing using his law firms own P&G Title Co. Again, no land trust agreement was produced, nor were formality requirements met for the Illinois Land Trust used in our VA home loan. Please see documents normally required for use of an Illinois Land Trust under the UTC. Exhibit A-15. SC Code 34-21-10- Written approval from State Board of Bank Control is required to conduct trust business. No corporation ( Koby Co. LLC), partnership (Koby Co. LLC), or other person (karla Kuhn) shall conduct a trust business in this State without first making a written application to the State Board of Bank Control and receiving written approval from the Board. Exhibit A-16. No dated application or approval was produced during interrogatory requests during the lawsuit of 2009-CP-23-0730 and the LLC is physically located at Lloyd Kuhns relatives personal residence at 301 Floral Wood Way, Greenville, SC. Koby Co. LLC follows no corporate formalities, therefore it is a sham used with the Ward-Rhodes Land Trust sham for the purpose of Karla Kuhn, Lloyd Kuhn to possibly avoid excise taxes and launder the fraudulent mortgage proceeds into their self- directed IRAs with Entrust Carolinas aka Entrust Group. Please note they all share the same UPS mailbox at 2453 E. North Street, Greenville, SC 29611. Exhibit A-17, A-18, A-19.
REVERSE REDLINING, MORTGAGE FRAUD, ANTI-TRUST VIOLATIONS, EXCISE TAX FRAUD, PREDATORY LENDING
4. The following scenarios were used in unison in our VA home loan at 102 Cole Road, Greenville, SC 29611, Fannie Maes preforeclosure fraud scenario. Exhibit A-20. Bloor vs. Fritz Washington State Exhibit A-21, and Reverse Redlining . Exhibit A-22. Chase Bank, First Bank Mortgage, and Cornerstone Bank have violated the Anti-Predatory Lending Act of 2007 since all underwriters of these financial institutions viewed and have the loan closing package from David Gantts firm which included the third purchase contract, deed in trust, and HUD-1 with land trust on them. Exhibits A-23, A-24, A-25. This is a clear violation of the Sherman Act, Clayton Act, FTC act, mortgage fraud statutes and excise tax laws as no Uniform Trust Code requirements were adhered to and Koby Co. LLC is a persons house. Wells Fargo was the 1st lender on the pre-foreclosure short sale with Karla Kuhn and naturally lost the original mortgage on Edward Ward, Jr.s mortgage satisfaction. Exhibit A26. PLEASE NOTE THE RETURN MAILING ADDRESS AT TOP LEFT, 2453 E. North Street #104 is the same as the Ward Rhodes Land Trust, Koby Co. LLC (Lloyd & Karla Kuhn as members), and Entrust Carolinas LLC. Wells Fargo Wholesale underwriting guidelines Section 201 Illinois Land trust usage, which is what was used on our contracts and loan file, clearly indicates that there must be a land trust agreement for underwriting approval. That the land trust no. must be on the note and mortgage with the date it was created. That the riders, VMP forms 1040IL, VMP form 1041IL must accompany the note and mortgage, and that the trustee must be a financial institution customarily engaged in the usage of land trusts and not an individual. Exhibit A-27. Therefore the deed, mortgage, HUD-1, and all loan documents viewed and approved by First Bank Mortgage, Cornerstone Bank, and Chase Home Finance LLC (plaintiff) are void under the SC Uniform Trust Code 62-7-101 as they were included in the loan closing file and were viewed, possessed by all three banks. We are therefore not responsible for the loan governing 102 Cole Road, Greenville, SC 29611 and respectfully request a change of venue to Maryland (where we now reside), a rescission of the contract, mortgage, an all loan documents, equitable estoppel, promissory estoppel, and request that this loan be removed from our credit reports with full compensation for money invested in the property. We formally request personal injury similar to SC Colleton Prep. School vs. Hoover University for exposure to residual Meth Lab chemicals. Chase Home Finance LLC was negligent in its duties to verify underwriting guidelines and have violated TILA, RESPA, ADA act of 1990 as well as many other anti-trust and mortgage fraud statutes, resulting in the ultimate damages and injury (using the Maryland Balancing test) to the defendants. This loan should have never been approved or funded by Chase Home Finance LLC and the Plaintiff is ultimately responsible for the defendants damages and injuries.
FEDERAL AND STATE ENVIRONMENTAL VIOLATIONS
5. The seller was aware of the dangers of 102 Cole Road via our affidavit opposing summary judgment dated January 25, 2010 via Greenville county courthouse. It was a former meth lab and is still contaminated under the federal CERCLA, SARA, and RCRA environmental laws. Exhibits A-29.Karla Kuhn, Lloyd Kuhn, Edward Ward, Jr., Sarah Rhodes are possible responsible persons and should be responsible for the remediation of 102 Cole Road since the land trust is void and no land trustee protections are afforded Karla Kuhn due to its illegitimacy. Once the VA home loan was sold to Chase Home Finance LLC by First Bank Mortgage, Chase Home Finance LLC failed to do its own due diligence to review the legitimacy of the loan file or title history. Had they done so, they would have discovered the prior owners family history and police activity at 102 Cole Road, Greenville, SC 29611 as we eventually did in November, 2008.
FORECLOSURE WOEFULLY INAPPROPRIATE
6. Chase Home Finance LLC showed a reckless disregard under the Anti-Predatory lending act of 2007 by not verifying underwriting guidelines and state laws for the legitimacy of the land trust used in the loan closing file. I tested Chase Home Finance LLC online to see if they possessed the loan closing file with the sham land trust and LLC and they responded it would be a $10.00 charge for each document copy, therefore they had direct knowledge of the fraudulent loan file. Exhibit A-30, A-31, A-32 .Chase Home Finance LLC has further implicated themselves when I asked them via my online account what their knowledge was of the use and execution of an Illinois Land Trust and they responded that I should write their Land Transactions LA4-4557 department at 780 Kansas Lane, Monroe, LA 71203. Exhibit A-34.In closing, I respectfully request that the foreclosure lawsuit above be delayed following a full investigation by the FBI, DOJ, IRS CI, Department of Veterans Affairs . The loan on 102 Cole Road has been sold by First Bank Mortgage to Chase Home Finance LLC and now to JP Morgan Bank . I have a full copy of the loan closing file given to me by Scott Pfeiffer and all documentation pertinent to this case burned on DVD. Most of the information from 2009-CP-23-0730 can be obtained at the Greenville County Courthouse public records, Greenville Deeds office, SC Secretary of States office, Tax searches and Upstate Creia.com and other public domain sources. Our prior case pertaining to 102 Cole Road was fraudulently induced into a settlement when my wife was under extreme duress from illness at mediation and vital information was withheld from us that would have had a bearing on the value of our case and the ultimate settling of 2009-CP-23-0730. Please see Desktop vs. Digital recent Supreme court decision where information was withheld but eventually re-litigated. The attendant at the mediators building at the main lobby witnessed my wifes illness and assisted us with water and some salt for her dizziness. For some reason Upstate Creia.com products volume 22 has been blanked out with Judge Charles B. Simmons, Jr. under foreclosure? . Judge Simmons, Jr. is either a member of Upstate Creia or close acquaintance of our seller, Karla Kuhn (Educational director), and David W. Gantt (UCreias attorney and our closing attorney). This creates a gross conflict of interest and an unfair legal proceeding, especially since my wife and I cant attend the foreclosure proceeding. Mortgage fraud, Anti-Trust violations, Reverse Redlining, Predatory Lending and Excise Tax fraud are involved with 102 Cole Road and we were precluded from entering a court of law utilizing discovery abuse, collusion, and fraudulent inducement for settlement. We have shown that 102 Cole Road was a former Meth Lab and that it was contaminated prior to Ms. Kuhns A-B-C Short Sale Flip fraud, it was contaminated while we were living there, and is still contaminated. The Kuhns should be responsible under CERCLA, RCRA, SARA and we claim the innocent land owners defense under CERCLA. Chase Home Finance LLC should therefore be precluded from acquiring a judgment against my wife and myself and VA loan guarantee funds should not be distributed to them until a full investigation is completed. The property at 102 Cole Road is contaminated under state/federal environmental laws and should be condemned and not resold to the public as it constitutes a public health hazard, via BioCare Inc. results concerning chemicals still present in that residence. This property was acquired through fraudulent conveyances used to deceive purchasers, transferred to investors illegally using shams, renovated without adherence to Cercla and RCRA, sold with no disclosures, closed with a conflict of interest attorney, and approved/ funded by First Bank Mortgage and Chase Home Finance LLC using predatory lending practices.
The Ward-Rhodes Land Trust violated the SC Probate Code 62-7-101 and is null and void according to the SC Uniform Trust Code. This land trust was not evidenced by a land trust agreement, assignment of beneficial interest, land trust no. and dates of creation on the deed or mortgage, land trust riders VMP form 1040IL & VMP form 1041IL to note and mortgage, no LLC certificate in land trust, or authorization by the SC State Board of Bank Control to use such an entity in SC.
A copy of this affidavit has been provided to FBI Headquarters in Washington, D.C. and the Department of Veterans Affairs in Washington, D.C. with a substantially detailed copy of our own research and public domain material of our prior lawsuit 2009-CP-230-0730 for review.
As first time home buyers and a disabled veteran, this has been an overall nightmare for my wife and myself. My wife was seriously ill during mediation and has now been diagnosed with cancer at age 41. There has been much research surrounding the chemicals and residue left behind from a former meth lab according to CDCs ATSDR on individual chemicals and the Meth lab cooking process studied by the Jewish research medical center in Colorado as well as surrounding states of South Carolina to show that her diagnosis could be caused by her exposure to the chemicals found in 102 Cole Rd. And, we have strong evidence that 102 Cole Rd was a former meth lab. South Carolina is considered a one party consent state as it pertains to one party phone conversation recordings. We have verifiable evidence of such a recording of a nearby neighbor to 102 Cole Road, who is an environmental inspector, who witnessed illegal manufacturing of methamphetamine on the 102 Cole Road residence.
LLCs associated with Upstate Creia are apparently still producing additional sham land trusts in Deeds evidenced at Greenville County.org tax searches. They are operating without impunity, because of their extensive associations and affiliations within and without the legal and judicial community.
The transactions, individuals, and institutions involved with 102 Cole Road, Greenville, SC 29611 fall within the jurisdiction of the RICO Act Section C and possibly A. We are left with financial ruin and are faced with having to file Chapter 7 Bankruptcy due to circumstances surrounding our mortgage. We will bring it to the attention of the Bankruptcy Trustee should he decide to pursue further legal remedies against all involved in this affidavit. The Complex litigation manual 33.83 states that claim and issue preclusion as it pertains to our previous lawsuit, 2009-CP-230-0730, and this foreclosure may be barred due to certain burdens of proof. Please see fn1326, fn 1327 etc., inability to litigate previous suit due to lack of information, such as our closing package obtained by me personally.
In closing, we ask for a counterclaim for a recision of the mortgage, equitable estopple, promissory estopple and full restitution/compensation of funds and damages resulting from the fraudulent loans surrounding and approved by Chase Home Finance LLC and other financial institutions pertaining to 102 Cole Road, Greenville, SC 29611.
__________day of_________, _______ )