On October 4, 2007, during Federal Chapter 11, Bank of America with connections to S&S Financial out of Downer’s Grove, Illinois, covertly engaged a Broker’ s Price Opinion, a BPO, which resulted in $3,165,000 estimated value accessed overall of my property. The Plaintiffs knew they were adequately protected but withheld this information from Federal Court committing Fraud by Omission, and insisted that adequate protection payments be made even though the Plan Contract to which they had agreed specifically stated that no such payments would be required because all funds were earmarked for reorganization and to finish construction on 110B. Bank monies did not complete construction which was missing the whole front of the building as seen in the June 6, 2004 survey of 110B showing poured footings labeled as ‘wall’. This survey does not include 110C and shows the true boundaries of 110B Mabel Dodge Lane, despite the mortgage document having the wrong description as seen in the J P Morgan Complaint for Foreclosure January 12, 2005, number 3: If there is a conflict between the legal description and the real property address, the legal shall control; clearly exhibits their doubts and confusion as to the correct description of 110B. A document has been filed with the Taos County Clerk to correct the erroneously adjoinment of 110C Mabel Dodge Lane to 110B Mabel Dodge Lane: TAOS COUNTY CONFIRMATORY INSTRUMENT OF CORRECTION. This survey was ordered by S&S Financial June 6, 2004, three weeks after closing. The wrongful Eviction Writ was for 110A and 110B, NOT 110C. yet Rose Ramirez and Associates continued to carry on with unlawfully plundering 110C Mabel Dodge Lane, even when she had that information, from the letter sent June 28, 2023, by certified return receipt mail. The People’s Bank debt for 110C was ostensibly paid 4 times POC, Paid Outside of Closing; the actual payment was made by myself February 15, 2002, with cash out, free and clear as my homestead using a $100K CD held as collateral by People’s Bank for a business loan which was converted to a mortgage at the request of the Lender. The $100,000 was my money to which the Line of Credit was added to the debt, not to exceed $65,000, so of the $157,000, it was an agreement and understanding with my banker that instead of subtracting the debt amount to keep track, I made monthly payments at 10% to the bank on the excess above my $100K CD as a business line of credit, and at the time of pay off, I owed $57,000 plus a monthly loan payment, I did not owe $157,000; the $100,000 was my money, CD as collateral. Paid outside closing was added to both streams of debt,on 110A, $157K + $20K they made me pay out of pocket which included the last monthly payment and was added to 110A Mortgage principle with Countrywide and the same $172K amount was added to the Bank of America mortgage principle debt, and same payout was a subtraction from the $500K construction loan of which I received $309,000 from the $319,000 withheld for construction after again paying the same $172,000 POC, so $344,000 plus $172K= $516K was added to total bank principle out of blue sky and collected interest for 20 years, because the same $172K blue sky was subtracted from the $500K construction loan, reserving $319K for disbursement, but I never received the last $10,000 of the Construction loan. I created the Follow the Money Chart over the years trying to discover what happened to my final $10,000 which revealed 2 kickbacks to the Broker, S&S Financial. There is also the matter of conspiracy to commit fraud by fraudulent concealment of $126K Second on 110B that was purchased by Chase, who was not otherwise a party of interest at that time, 6 days after closing with S&S Financial who was the Lender under the guise of National City Mortgage, then withheld the $126K Second from closing with its paired First mortgage to be paid off on 110B. S&S Financial under the guise of National City Mortgage, then lied about the whereabouts of the Second mortgage which was scheduled to be paid off; commitment for title insurance was in place for $195K, from which I was to receive $69K to finish construction, did not happen, I was denied a better deal which would have benefited me and would allow finish of construction on 110B. On 110A another fraudulently concealed second mortgage occurred, just discovered June 9, 2024, committed by Bank of New York Mellon as funder of the $45,000 added to principle on 110A as a Second Mortgage, converted to a HELOC for which I received ZERO, illegally and covertly converted to a 1st lien OVER Countrywide’s $630K 1st Lien on 110A which was received by S&S Financial including their $562 commission with a check written in the amount of $45,562 and I received ZERO from that line of credit, October 3, 2003. This $45,000 listed on the HUD as a Second Mortgage and included in the Chapter 11 Final Decree as called into default along with the First Mortgage by Countrywide, I am now being dunned $79,000 with the Resolution Trust as owned by Bank of New York Melon on 110A [as of June 2023 claimed by Merrill Lynch, $81K], who was assigned the mortgage on 110B from Bank of America in September 2015. Bank of America purchased Countrywide in July of 2008; the same $45,000 HELOC then was assigned to Merrill Lynch in July of 2023, and now is dunned to me as $81,000, all of which was settled in 2005 thru 2010 Chapter 11 case and should have never been brought forth in District Court as the Statute of Limitations has run, as well as the ruling of the Final Decree takes precedent, 14 years ago.
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