• Petitioned Comptroller of the Currency

This petition was delivered to:

Acting Comptroller of the Currency, John G Walsh
Comptroller of the Currency
Utah Governor
President of the United States
Utah State Senate
Utah State House
U.S. Senate
U.S. House of Representatives


    2. Petition by



Really, twenty copies enter the Cruz home in Minneapolis because the Cruz family missed ONE payment, look at this one video and then you wonder if I am crazy or not:  I had 7 lates for $71 in 2003 by PNC and got foreclosed on anyway.   in Mpls where Flipping is illegal.


I started this petition over the foreclosure of my home, which may seem like denial.  My case is still may be open with the OCC, but I found out some new facts and why the OCC may want to sweep foreclosusres under the rug.  Much of the original petition is true, but with the resignation of a Goldman Sachs employee, seems like the State offices in Utah, the FDIC and the OCC failed to do their jobs.   They still blame me that National City bank (NCB) had returned my October 2003 payment, and its true while the 3rd District Court ruled in NCB's favor, the problems dont end.   

Keep in mind the mergers of banks may take years and that mergers are kept secret, as you will see:   
    I will start with the OCC charter, which it collects fees trom the very banks its suppose to be a watch dog over and the OCC has the regulatory power to:

•Examine the national banks and federal thrifts.

•Approve or deny applications for new charters, branches, capital, or other changes in corporate or banking structure.

•Take supervisory actions against national banks and federal thrifts that do not comply with laws and regulations or that otherwise engage in unsound practices. Remove officers and directors, negotiate agreements to change banking practices, and issue cease and desist orders as well as civil money penalties.

•Issue rules and regulations, legal interpretations, and corporate decisions governing investments, lending, and other practices.

I bought a home in Salt Lake City in October 2001. The 'Lender' was National City Bank. It relied on  reselling mortgages and broke them up into stock swaps with other banks, in a ponzi sheme.  According to my phone call with the OCC person, one day is all it takes to be in default under then language in the Mortgage Contract.
In 2001, I paid $10,000 down payment on a 30 year fixed rate loan for $117K.   Before they closed the deal, NCB made in payments from me a total of $44,740  for just three years of work.  When they sold the house after turning down $109K from one offer of a short sale, where the new owner would rent me back my own home, they sold the house at auction for $101,900 to Scott Lundberg and Associates.   That makes the deal worth $146,640 in monies recieved by National City, when I took them to Court for Mortgage Fraud in 2003.   

As part of escrow, NCB used excuses to say taxes were raised on the house, and no where in the language of the contract did they mention that there were two PMI (insurance policises on the house by PMI and MAGC), which is a violation of the Fair Credit Act for hiding fees.  

At court, niether Mortgage Insurance company met discovery to produce policies on the house.  I had argued that NCB lied to Federal Bankruptcy Court and hid the court action from Federal Bankruptcy Court, but they had gotten release of the title.  The Courts ignored all stays, allowed the PMI not to disclose their policies in court (Discovery and ignoring evidence); NCB sold the house. 

NCB reported a loss on the house to the IRS and collected PMI mortgage insurance for a single shortfall.

Lundberg resold the house and it was flipped five times to its current value at $184K by Wells Fargo.  Not only did I lose about $137K in purchasing the house, which the mortgage was never upside down, just late.   But the resold the house three other times, with Lundberg attorney fees at 10% of the market value of the house.  And the State of Utah at 6 to 7% of the sale value going into state coffers.   

I have said this over and over, no one denied the facts about the case but they make me look dishonest or foolish as to not keep up house payments, when in actuality, they sent back the payment to start foreclosure proceedings.   But keep in mind the trial went from 2003 to 2005.

Instead of servicing the Mortgage for the 30 year fixed rate mortgage at 9.65%, to make $320,000 and have to wait, they had made roughly $224K in three short years.  NCB used this recipe to make money by flipping the house as many times as they could in a five year period.     Each time, Utah profits by the sale of each repurchase of the same property.   

So while NCB was in court defending itself and hiding its true reasons for foreclosing, they took the action to break the contract in 'bad faith' for personal and corporate enrichment in trying to do foreclosures to me and others like me.    No attorney would touch it.

In that time, NCB was involved in the following transactions, in which enrichment was not only made from me but subsequent owners of the property:

    2004: National City completes $2.1 billion purchase of Cincinnati-based Provident Financial Group.

    2004: National City acquired Wayne Bancorp, a bank holding company headquartered in Wooster, Ohio which operated 26 branches and had $825 million in assets.

    2005: National City acquired Allegiant Bancorp to enter the St. Louis market, adding 36 branch locations to National City's network of 1,100 retail offices located throughout the Midwest.

    2006: National City sells First Franklin group to Merrill Lynch & Co. for $1.3 billion.

    2006: National City acquires Fidelity Bankshares. Headquartered in West Palm Beach, Fidelity had $4.2 billion in total assets and operated 52 branches.

    2006: National City acquires Harbor Florida Bancshares, the holding company for Harbor Federal Savings Bank. Harbor Florida is the fifth-largest publicly traded banking institution based in Florida. Headquartered in Fort Pierce, Harbor Florida has total assets of $3.2 billion and 40 branches.

    2007: National City acquires MAF Bancorp, Inc., the holding company for MidAmerica Bank, which operated 82 branches throughout Chicago and Milwaukee and surrounding areas. MidAmerica was the 11th largest banking institution in the Chicago market with $5.7 billion in deposits and 58 branches and the fifth largest in Milwaukee with $1.3 billion in deposits and 24 branches.

NCB  somehow made billions on foreclosures and purchased billions in stock to purchase other banks that were worth billions in assets by themselves.  Each transaction has a source in City or National newspapers as to the factual nature of these transactions.  But:

    2007: Peter Raskind succeeds David A. Daberko as President and CEO of the company (NCB), after Daberko was criticized for his expansion into subprime mortgages, bank acquisitions and share buybacks.

The Wall Street Journal reported on June 6, 2008, that National City Corp. had entered into a memorandum of understanding with federal regulators, effectively putting the bank on probation. Terms of the confidential agreement, entered into a month earlier with the Office of the Comptroller of the Currency (the OCC itself), were not known.[6]

NCB could not acquire TARP loans in 2008 and we, the taxpayers, had PNC Financial Services announced October 24, 2008, its purchase of National City for about $5.2 billion in stock with funds from the U.S. Treasury.
While the FDIC had essentially closed NCB and it no longer was a viable buisess entity, it still reported my foreclosure, using the NCB name in 2009. on all the Cedit Bureau reports in my name.   When I protested, NCB changed the name to PNC and tries to report it to 2011.   The house was sold in 2005, which they actually suffered no loss, the house was not underwater, and they still tried to continue to report as PNC bank, though PNC did not own NCB in 2005.
When I wrote a protest to the FDIC on these fraud matters, the FDIC remains silent. 

The OCC is about to close this case, citing the court action took place, I had no way of knowing the transactions were going on for NCB to use money it made from my foreclosure for buying banks and for enrichment of their company.   And I posted a shorter version of this petition to the White House.    In other words, the OCC, FDIC and the Courts fail a lot of us, because each gets a slice of the pie when it comes to foreclosures.   There is no moral high ground, nor any morality at all, when it comes to foreclosures.   And I hope some Attorney uses this arguement as banks increase bying each other up.   Case in point, mortgages transferred from Bremer Banks to Citi.

I am a disabled person, who worked hard all my life, I could have collected disability.  I rent a house that the monthly rent is higher than my original house payment, but I still have the foreclosure and bankruptcy on my Credit Bureau reports,  I am still paying by being turned down when appyly for I.T. jobs, loans, and suffering from devistating loss from these items on the reports.   

There are suppose to be laws against Fraud to break contracts for personal enrichment, in this case, NCB making them bigger at my expense, that NCB or PNC would continue to break the Fair Credit Act and Fair Credit Reporting Act, and would fraudulently report losses that don't exist to the I.R.S.   Thank you.

Recent signatures


    1. Bill Fuchs will be in court 6 - 2012 Support him

      Petition Organizer

      will have my first day in court on 1 June 2012

      With ths assistance of a few knowledgable counsels, I will have my first day in United States District court in San Francisco on 1 June 2012. This will be the typical David versus Goliath battle as I will face off against a large army of Banking litigators. This is an important case for the banks as they recently lost an $18,000,000,000.00 settllement to the California Attorney General for violating RESPA, TILA and MERS rules. My case is relatively straight forward, but we all know the law works in mysterious ways. My research has uncovered a practice and pattern of the big banks consistently violating these rules to foreclose on homes illegally. They are aware, that most of these homeowners do not have the financial wherewithal to sustain a lengthy and arduous litigation process, and the government watchdog agencie are too busy to monitor every foreclosure.

      I will keep you all appraised of my progress on this front1

    2. My reply to the Vets, we need people in numbers to sign a petition!

      Petition Organizer

      There are a lot of lying judges out there. A Teacher in Fridley, Minn had been issued a sheriffs notice when she was still employed and only had 6 years to go on the loan. Citi bank, a bank on the verge according to the Federal Stress tests, wanted her house to resell and run to the IRS for money. Plain and simple. Everyone's pocket is lined each foreclosure.

      In my case, I filed a complaint against the lawyers to the State Bar and asked the Judge in my case to recuse himself for conflict of interest, and asked for summary judgment due to lies by the attorneys. None of it helped. These people you want me to call, I don't live in their state, I can't appeal to their moral ethics because they have none, and I cant vote where they are. National City failed in 2008.

      Foreclosures are big business and state governments are in on the false foreclosure rewards . We have to find the strongest petition where everyone will want to sign.

    3. Vets & Other Patriots for Justice emaied me this:

      Petition Organizer

      ". For instance, Clay County Judge Don H. Lester approved a summary judgement to foreclose on the aforesaid home of my children and I, a vet who did not expect that my service to my country would be wrought with such contempt. If only I could go back!

      Even so, I did what any responsible citizen would do, under the circumstances; as an indigent, pro se party, I researched the matter and found - in fact - Judge Don H. Lester's order is in direct violation of the law. In fact, in lieu of genuine issues of material fact, which remain in dispute - including but not limited to the authenticity of (clearly) erroneous documentation submitted to the courts by the association's attorneys - there can be no summary judgement.

      Yet, the aforesaid judge and First District court decided to allow Oakleaf Plantation Homeowner's Association to not only foreclose - now scheduled for July 17, 2012 - but double dip; effectively ruling fees already paid must be paid again."


      Petition Organizer

      YAHOO NEWS with news pieces by Reuters, Forbes, etc on its financial news site keeps insisting that the economy is getting better, yet I went up to Ogden and every other block, there are foreclosure or bank sales signs. The Court ordered foreclosures keep happening here. Utah's unemployment rate keeps going up, but the State government limited UI benefits from 34 weeks to 20 weeks, even though Dept of Workforce Services received the money from the special bill out of Washington D.C.

      I think its another round of slash and burn foreclosures, where banks stop receiving payments in, like the two cases in Minnesota and what had happened to me, and foreclose so they may flip the houses at a fast and large payout and get the IRS to make up the difference.

    5. Yahoo States Salt Lake City 6th worst in foreclosures, OCC still silent.

      Petition Organizer

      Yahoo put out an article today where the 10 highest foreclosure cities are, Sixth on the list is Salt Lake City, Utah. Oddly, house prices don't reflect sales. How much more do we need? I rent here and now my rent is due to go higher than my disability.

      What more can I say, if I had not fought and continue to fight, how much easier would it be for banks to take away houses and recycle them every few years. My house was sold for $101K, Think how the foreclosure lawyer got rich charging a fee and buying and flipping the house at the same time.

    6. Reached 5 signatures
    7. OCC called me back

      Petition Organizer

      It gives more depth about the law and what NCB did to acquire smaller banks, while it had increased foreclosures at the same period in time,


    Reasons for signing

    • Maria Vidale-Eyles PISMO BEACH, CA
      • over 2 years ago

      Mr. Niemi presents the facts of what many of us perceive to be the imperious theft, fraud and financial violence perpetrated by corporate banks in America to destroy the average citizen. None of this comes as a surprise to those of us threatened with foreclosure, for the OCC, the banks, the courts, and the Legislative and Executive branches of the federal government are in bed together on this, laughing contemptuously at the rest of us saps who actually work/worked for a living and try to follow the rules. Rules? Insanity rules in this country! It will spiral to destruction at the hands of the New Financial Nazis if we do not fight to turn this crime spree around.

      • over 2 years ago

      You should protect yourself in case the bank you are with is in trouble and wants the property to use as assets. That the Banks respect Federal and State Consumer laws. Its in your best interest as Banks are continuing to pursue Foreclosure and stand to make money on flipping houses after they houses or property as temporary assets.


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