The Potentially Dishonorable Judge James Chalfant of the Los Angeles Superior Court

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Potentially Dishonorable Judge James Chalfant

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Written by John Wright

(February 2nd, 2012) -There are many people out there that are wondering what the success rate of being granted a TRO (Temporary Restraining Order) to stop the bank from fraudclosing on your home is.  A TRO is basically asking the court to stop the foreclosure proceedings until a judge can hear your reasons as to why the foreclosure should not proceed.  You must convince the judge that you will suffer “irreparable injury” if the judge does not stop the foreclosure.  However, of course you will suffer “irreparable injury“ if the foreclosure takes place, which is why that is not the only question in the judge’s mind.  The question is if it is a “legitimate foreclosure” or “illegitimate fraudclosure” instead.  The question is if the obligor is not obliged to pay the instrument.  The question is if the person seeking enforcement (the bank) does not have the rights of a holder in due course.  The question is if the obligor (homeowner) proves that the instrument is a lost or stolen instrument. ( U.C.C. provision, U.C.C. §3-305(c) ) What is the likelihood of there being good reason for a TRO being granted in your situation?  VERY LIKELY!  This is after you consider that it is common knowledge that Wall Street bundled up thousands of loans together to sell resulting in multiple trusts with multiple beneficiaries. – click here

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Therefore, it should be pretty easy to be granted a TRO, right?  Wrong!  Not in the state of California!  This is because some judges have a zero tolerance for someone who they believe borrowed the money and now do not want to pay it back.  This is why they tend to allow their personal politics to dictate how they will rule on the issue with zero accountability, while they might believe it is more important to stop the homeowner from receiving a home free and clear than stopping the bank from receiving a home free and clear in a crime against humanity.  Unfortunately, it appears that many judge’s are allowing their personal politics to dictate if they will grant the TRO or not and, simply put, your chances of being granted a TRO might solely depend on if the judge is a Republican or Democrat in the end.  This is because I have heard that Republican judges are more likely to deny the TRO while dismissing your evidence that the bank is not the true owner of the debt.  How do they get passed not having to listen to your evidence?  Well, they might determine that your attorney did not checkmark the right box when filling the request.  Which is why if your attorney did not dot the “I” or cross the “t” when filing the request they are most likely to throw you, you’re rights, and your stupid little TRO request right out of their courtroom faster than you can say “Civil Rights Violation.”

This is why Americans need to maybe start keeping baseball cards that show a judge’s picture and batting average on it with this TRO issue, while Americans work together to expose and hold accountable any judge in our legal system that is caught allowing their personal politics or investments or religion to dictate if the selling of slaves will continue in United States of America.  This is because the decisions of these judges dismissing the laws to not grant you a TRO is a symptom of greater crisis at hand.  The greater crisis is not that you are losing your home to a bank that does not own it, but that you might be losing a country that the bank is not supposed too own either.

Nevertheless, we are not asking much for a TRO while a crime is in progress.  That is why it is time to start occupying courts that refuse a TRO to a homeowner while we say this:

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The judges need to understand that no rock shall be left unturned in this fight.

Therefore, Piggybankblog is proud to announce that my Court of Public Opinion we will be opening a Wall of Shame and Wall of Fame for judges, while our first winner in this Wall of Shame will be The Potentially Dishonorable Judge James Chalfant of the Los Angeles Superior Court.  This is because it was reported to me that Judge James Chalfant might be making his own rules and laws in Department 85 of the Los Angeles Superior Court.  It was also reported to me that he yelled at the homeowner “SIT DOWN”after he went on the record with the fact that he would not even look at the evidence presented while saying things like “That’s how we do things in Department 85.” (Trying to get transcripts) Unknown to The Potentially Dishonorable Judge James Chalfant, he was actually presiding over a TRO hearing for a homeowner that I happened to be secretly following their story.  That is because no judge will ever know what homeowner story that we may be following at any given time.  This is because if the homeowner knew what day the theif was coming, they simply might wait until the day before to prepare for the theif.  In a like manner, We The People shall come like a theif in the night. This is because the judge will not know what story we are following.

I submit exhibit A for evidence of this court – click here

Sit down Mr. Chalfant!  You are now in my courtroom!  The Courtroom of Public Opinion!

Here we come!

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Youtube or blog is not to suggest threat.

(Non-Violent legal protest disclaimer)

The whole world is watching!

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! .The Honorable Judge Wright has left The Courtroom of Public Opinion!

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Is it One West Bank or “One Worst Bank” -Insurance Conspiracy?

You Be The Judge!

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Written by John Wright

February 23rd, 2012

“They might be planning on living off your dead carcass. It is a potential insurance conspiracy.”

Do you recall my February 2nd post, describing the judge who shouted “SIT DOWN!” to a homeowner during a TRO hearing? Well, I finally received the stack of transcripts that immortalize Potentially Dishonorable Judge James Chalfant’s atrocious behavior toward the homeowner who was seeking a TRO based on overwhelming evidence of One West Bank’s improper actions. My pet name for One West is “One Worst Bank” – as the reinvented IndyMac Bank, One West was, in essence, founded by Angelo Mozilo as Countrywide Mortgage Investment. And the apple hasn’t fallen too far from the tree. OWB has also perpetrated foreclosure fraud in the past – click here for details And they certainly did their best to earn the Federal Consent Orders against them from the Office Of The Thrift Supervision, for unsafe and unsound servicing and foreclosure practices – click here.

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Now you know why PennyMac was born.

They are not interested in you having a mod. THEY WANT THE INSURANCE MONEY! They buy the loans for pennies on the dollar. They want the insurance money because it will pay them what the house was worth at the top market value. They bought the loan for its insurance value! That is why I think Bank of Defrauding America bought Countrywide in the first place. Do not believe they bought it to help the economy for one minute. They bought it to help themselves! The best part of this conspiracy is that the very same people running PennyMac are the very same people who ran Countrywide Home Loans – click here Imagine that! So they created the bad loans and now they are on the other end to collect again from the very same bad loans they sold to investors. They might be planning on living off your dead carcass. It is a potential insurance conspiracy.

In this case, One Worst Bank is apparently pretending they purchased the homeowner’s loan from the FDIC as Receiver for First Federal Bank of California, a failed Federal Savings Bank located in Santa Monica, CA. The pleadings are an interesting read; the incendiary revelations certainly have launched a war between good and evil. OWB maintains they purchased the homeowner’s loan from the FDIC as Receiver, but the paper trail shows that the loan was sold into multiple trusts. Of course, the bank is covering that detail up – however surprising, it looks as though with the help of the FDIC and the United States Secret Service.

Apparently the two-sets-of-books concept is not foreign to IndyMac/OWB: Click here

The pleadings are loaded with evidence; this series of posts will start with the U.S. Secret Service’s role in the story, and the depth of their ineptitude – or collusion. You decide.

United States Secret Service (USSS):

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The Secret Service is sometimes called in to assist on a mortgage fraud investigation given its governmental contacts and investigation procedures. Representatives of the Secret Service have been involved in statewide and regional task forces to crack down on these illegal practices. The Financial Crimes Division (FCD) of the Secret Service plans, reviews, and coordinates criminal investigations involving an array of financial crimes. Contact information for this division of the Secret Service can be found by visiting –http://www.treasury.gov/usss/contact.shtml

Representatives of the Secret Service have been involved in statewide and regional task forces investigating mortgage fraud. My tracker captured the following Google search term input by The Department of Homeland Security (DHS):

The division of DHS that investigates mortgage fraud is The United States Secret Service.

Let’s return to the case at hand for a moment. The evidence shows that the homeowner used (name of company removed) to double-check evidence she already received from another analyst.  (company name removed) concluded that her loan was first improperly sold into a Downey Savings & Loan Trust. In March 2007, triggered insurance apparently paid off the tranche (a portion of a mortgage-backed security with its own credit rating) where the loan was located.

In March 2007, the loan characteristics were also changed to a 30-Year Fixed Rate SFR loan and sold to another trust. The 30-Year Fixed Rate SFR characteristic is important because the homeowner did not take out a 30-Year fixed rate loan, she took out an adjustable rate loan with a 40-Year term. How does the contract between the FDIC and OWB detail the loan? If you guessed 30-Year Fixed Rate SFR loan, you’re right. According to the pleadings, neither OWB nor the FDIC will state the asset detail in their contract specifying that the loan is a 30-Year Fixed Rate SFR is incorrect. We can only conclude that is because it is correct – and they just didn’t think they would get caught with two-sets-of-books and instruments created for the same debt.

Upon receiving this information, the homeowner filed a complaint with the Department of Homeland Security, Secret Service Division as well as many other federal agencies. I would too, if I made a Freedom of Information Act Request and received back from the FDIC evidence that they sold a loan, in my name, that I did not execute to OWB.

Now imagine a small desk in the corner of the Secret Service office building. Sitting at that desk is a man who answers a phone that probably rings once a day.

This is how I picture Secret Service Special Agent Kei:

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At any rate, Agent Kei shared an email thread with OWB’s Head of Litigation Jennifer L. Gray, an exchange filed with the court. On January 30, 2012, at 8:43pm, responding to a call from Agent Kei, Ms. Gray emailed him. Agent Kei responded at 8:57am the next morning. Somehow, Agent Kei had conducted a full and satisfactory investigation of the complex securitization issues involved in this complaint – overnight (see below). Ms. Gray and Agent Kei’s exchange makes you wonder whether the DHS is investigating the bank’s sale of multiple trusts – or protecting them from this discovery.

From: Gray, Jennifer.

Sent: Monday, January 30, 2012 8:43PM

To: albert.kei@usss.dhs.gov

Subject: xxoxoxoxox

 

Dear Mr. Kei,

Thank you for your call today regarding xx xxxxx xxxxxx.

Enclosed please find a copy of the originally executed note and mortgage evidencing a loan that xxx xxx xxxxxx obtained from First Federal Bank of California in 2004, secured by property located at xxxx xxx xxxxx xx xxxxxxxxx xx xx. The Federal Deposit Insurance Corporation (“FDIC”) acquired this loan when it placed First Federal into receivership. In turn, the FDIC sold tills loan, along with the other assets of First Federal, to One West Bank. As part of this transaction, the attached original loan documents were delivered to One West. As evidenced by the fact that we hold the original note and mortgage, One West is the current owner of this loan.

Also, enclosed please find a copy of One West’s most recent letter to xx xxxxxx, which addressed some of the allegations that she appears to have raised with you. I’ve also enclosed a copy of a letter recently sent to xx xxxxxx by the FDIC, in which the FDIC confirms that the xxxxxxx First Federal loan secured by property at xxxx xxx xxxxx xxxxxxxxx xx was sold to One West.

As you know based upon your discussions with xx xxxxxx, this loan is severely delinquent and a foreclosure sale is scheduled for February 2, 2012. A reinstatement quote was recently provided to xx xxxxxx. If we receive the reinstatement amount tomorrow, we will make all efforts to stop the scheduled sale.

I hope that these materials address any questions that you had.

Best regards,

Jennifer

Jennifer L. Gray

FVP, Head of Litigation

One West Bank, FSB

888 East Walnut Street

Pasadena, CA 91101

PH: 626.535.5526

FAX: 866.481.8451

jennifer.gray@owb.com

 

From: ALBERT KEI (LAX) [mailto:Albert.Kei@usss.dhs.gov]

Sent: Tuesday, January 31, 2012 8:57AM

To: Gray, Jennifer

Subject: RE: xxxxxx xxxxxx

Thank you Ms. Gray. Just for your information, I have repeatedly told xxxxxx xxxxxx that I do not see a criminality to her case and the Secret Service currently does not have any intentions of opening a case on One West Bank, but as a Federal Agent, I still must insure that I do my due diligence to any information that we receive. Thank you again and I will be in touch if I have any further questions.

Albert Kei

 

Special Agent

- United States Secret Service

Los Angeles Field Office

(213) 533-4531 -direct

(213) 434-3794- cell

(213) 533-4728- fax

 

Piggybankblog called Agent Kei and the Secret Service but they offered no comment.

Now just how did Agent Kei verify that OWB actually had the original documents? Did he somehow break into the bank and dig through the files with a flashlight, sometime between 9:00pm on January 30 and 9:00am on the 31st?

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Or did he just take the bank’s word for it?

Note how Ms. Gray states that OWB is the holder, not the holder-in-due-course. If she dropped the note on her way to her car and somebody picked it up, would they now own the note because they were the holder?

I highly doubt the borrower told Agent Kei she was in default as her pleadings state that she has been paying the mortgage payments into a separate escrow account until this mess is cleaned up. My favorite part is the final wink-wink about doing his due diligence.

In sheer dollars, let alone misery, the fraudclosure crisis is probably the crime of the century, however young the century is. Why have they put the investigation in the hands of Barney Fife from the Andy Griffith show? Because the fix is already in with the banksters?

Does the Piggybankblog Council find One Worst Bank Guilty or Not Guilty?

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Therefore, it gives me great pleasure to announce to you that Piggybankblog.com and myself are announcing that we will be extending our protest to against One Worst Bank. I am now going to be the voice for all those who have been injured by One West Bank’s potentially irregular, fraudulent, illegal, and simply abusive mortgage practices. Please email me at piggybankblog@earthlink.net if you are a victim of IndyMac, First Federal Bank of California, La Jolla Bank, FSB, and of course OneWest – Worst! – Bank. Please tweet and send the link to this page to all your friends and post on every One West Bank article comment section.

That would suck for One Worst Bank if the homeowner actually ended up being a secret investigative reporter for CNN or something like that. I guess Forrest Gump was right. Life is like a box of chocolates. I guess One Worst Bank and the judge just never know which one their going to get. (Wink)

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In closing, I have now taken you out of the matrix. I have now told you why they are not interested in giving you a modification. It is because it is a potential insurance conspiracy!

OUT OF THE MOUTH OF JPMORGAN CHASE: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST; NO ASSIGNMENTS OF MORTGAGE, NO ALLONGES OR ANY EVIDENCE OF TRANSFERRING OWNERSHIP OF LOANS FROM WAMU TO CHASE!

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The above link makes you wonder if the same situation exists with the sale of FDIC loans to One West.

Now what are you going to do about it?

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All Rise! The Honorable Judge John Wright has left The Courtroom of Public Opinion!

My name is John Wright AND I AM FIGHTING BACK!

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Read John’s Daily Blog for daily updates

 

 

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