A cold call came to me in early Y2K from JS at S&S Financial, Albuquerque, naming a mutual friend in Albuquerque, and offering to ‘help’ me build my residential teaching studio resulting in division of my property into 3 parcels, and 14 flipped mortgages, 13 brokered by S&S Financial between January 2, 2002, and May 17, 2004 with approximately $700,000 blue sky fraud added to principle, plus $225,246 going to S&S Financial for a total excess of approximately $925,246 added to principle charging interest for 20 years plus insurance on that added excess. Therefore, I retained Merrie Chappell in September of 2004, and she filed Chapter 11 on my behalf, January 19, 2005, where the case case 11-05-10321 was litigated over 5 years, including the $45K Countrywide Second Mortgage from which I received ZERO funds. Unknown to me, Bank of New York, an undisclosed Party of Interest, funded the $45K Countrywide Second Mortgage, listed as such on the HUD, which was converted to a HELOC, from which I was supposed to be able to withdraw funds as needed for construction on 110B Mabel Dodge Lane, Taos, NM. I had no knowledge that Bank of New York was involved and I had no knowledge that Bank of New York had covertly converted that HELOC to a 1st-Lien HELOC, and fraudulently concealed it on October 14, 2003. The check marks on the Initial Withdrawal document I signed at Closing are not my left-handed check marks. The Broker’s Commission on the Second Mortgage was $562.50. Within the Closer’s Instructions, the Instructions to the Title Company, first line, “Negotiate Check in the amount of $45,562.50.” Next line. “Funds in the amount of $45,562.50 will be wired 10/16/2003. I received ZERO funds from this Second Mortgage HELOC which is 100% a High Cost Loan, qualifying me to collection of three times my legal expenses, presently a little over $220K, to be determined.
On October 4, 2007, during Federal Chapter 11 litigation, case 11-05-10321, 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 almost $4M 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, Taos, NM, 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 this 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 the last closing on 110B; they made me pay for the survey and appraisal. The wrongful Eviction Writ was for 110A and 110B, NOT 110C, which was paid off February 15, 2002, and was free and clear. Since I had not seen the Writ, I did not know what was included, yet Rose Ramirez and Associates continued to carry on with unlawfully plundering 110C Mabel Dodge Lane, even when she had prior knowledge of that information, from the letter sent to her June 28, 2023, by certified return receipt mail, not exparte` communication as the documents were sent to all parties and Judges. 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 line of credit, LOC which was converted to a mortgage at the request of the Mortgage 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 of $5,700; 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 amount was subtracted from the $500K Construction-to-Permanent loan with National City Mortgage of which I received $309,000 of the $319,000 withheld for the construction after again paying the same $172,000 POC, so $344,000 plus $172K= $516K + the $45K fraudulently concealed by BNY + the $20K added to last Mortgage on 110B, the undisbursed last $10K of the Construction to Permanent loan doled out as kickbacks to S&S Financial; all of this fraudulent excess was added to the total bank principle out of blue sky and, plus the $5,456 insurance payment taken at Closing, and never returned to me, collecting interest for 22 years. 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 ,a process of discovery over the years trying to find out what happened to my final $10,000 which revealed 2 kickbacks to the Broker, S&S Financial in the amounts of $5,840 and $5,759=$11,599. There is also the matter of conspiracy to commit fraud by fraudulent concealment of a $126K National City Second Mortgage on 110B that was purchased by Chase Home Finance, (who was an unknown 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, as well as the Broker, 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; that did not happen. I was denied a better deal which would have benefited me and would allow the finish of construction on 110B. On 110A another fraudulently concealed Second Mortgage occurred on October 14. 2003, just discovered September 9, 2024, over a year after wrongful eviction without Notice, May 1, 2023, committed by 3rd and 4th generation successor assignee, Bank of New York as funder of the $45,000 added to principle on 110A as a Second Mortgage, covertly converted to a 1st-Lien HELOC by Bank of New York, and fraudulently concealed from which I received ZERO funds, illegally and covertly converted to a 1st lien OVER Countrywide’s $630K First Mortgage on 110A which was received by S&S Financial including their $562.50 commission with a check written in the amount of $45,562.50, and I received ZERO from that line of credit. 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 Michael Daniels, attorney for Countrywide. I am now being dunned $81,000 with the Resolution Trust as owned by Bank of New York on 110A, who was assigned the in default mortgage on 110B from Bank of America in September 2015, then conveniently, as of June 15, 2023, while still litigating in court, the $126K usurious Second Mortgage with 5-year balloon was assigned to Merrill Lynch, with NO Notice of Assignment, now dunning $81K, allowing Bank of New York to DISAPPEAR as if they had nothing to do with the Eviction on May 1, 2023. Bank of America purchased Countrywide on July 1, 2008; the same $45,000 HELOC then was assigned to Merrill Lynch in June 15. 2023, one month and 15 days after wrongful eviction by BNY, and now is dunned to me as $81,000, all of which was settled in Federal Court, 2005 January 19, to January 7, 2010, Chapter 11-05-10321 with Final Decree, and should never have been brought forth in District Court as the Statute of Limitations had run, as well as the ruling of the Final Decree takes precedent, 16 years ago, 23 years since Bank of New York targeted my property with their premeditated formula for stealing desirable properties, and now I am OVER three years in exile after their Wrongful Eviction Without Notice, May 1, 2023, as of this update August 13, 2026.
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