Petition Closed

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.

http://www.ustream.tv/recorded/22970891   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.

Letter to
Acting Comptroller of the Currency, John G Walsh Comptroller of the Currency
FDIC INSPECTOR GENERALS OFFICE FDIC INSPECTOR GENERAL
GOVENORS OFFICE GOVENOR GARY HERBERT
and 6 others
U.S. House of Representatives
U.S. Senate
Utah State House
Utah State Senate
President of the United States
Utah Governor
I just signed the following petition addressed to: Comptroller of the Currency AND THE FDIC.

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Enforce banking laws, the Fair Credit Act, & reveal troubled banks.

The OCC has this charter, which it collects fees trom the very banks its suppose to be a watch dog over:

In regulating national banks and federal thrifts, the OCC has the 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 2001. The 'Lender' was National City Bank. It relied on diraiviates by selling mortgages and and taking that cash to pay on mortgages, in the Ponzi scheme style. In 2003, they stopped taking payments, and in 2005, the sold the home to a co-defendant in the Mortgage Fraud case I had started. No attorney would touch it.

Its still Mortgage Fraud when the bank won't reveal its own credit worthiness and the OCC nor the FDIC will publish these facts. The case would have been one where the Contract was honored in 'Bad Faith', but the Judge in 3rd District Court refused to hear arguments from myself that the contract violated the Fair Credit reporting Act.

In 2007, the FDIC put NCB on probation and then in 2009, closed the Bank and rolled it into PNC Bank. However, PNC is still using National Citys name and using the same practices. In 2003, in dire need of cash to keep the FDIC, they stopped taking payments on my property and siezed the home in 2005. As I said, they failed in 2009, along with 100 other banks, when the TARP act revealed all of the National banks weakenesses. I never signed any agreement or contract with PNC, however, they are still on my Credit Bureau reports. NCB used my property to show an 'asset' to the FDIC, along with 6 other homes on my block alone, to show it had assets and was a vialbe bank.

Also the contract of purchase of the house was a 30 year Fixed rate loan of 9.65 percent. Obviously, National City had no business writing a contract for thirty years. The contract was for $118K and never under water. I got a job in 2003, but the Bank refused loss mitigation, short sales upto $109K, but sold the house at auction in 2005 for $101k. Obviously, they were out of the 'woods' from 2004 to 2005, but as stated above, put on probation in 2007.

The Traill could have been much different in the outcome to me, and others who are foreclosed on by banks that went under by banks at risk, as I could have stated the bank would not have sirvived for 30 years. PNC also maintains it has the right to be on my Credit Reports. National City ceased to be a National Bank by the FDIC in 2009, and should not be an entity name. But it is.

I contacted both agencies with letters stating that the house is now worth $184K, that I was robbed of my equity in the house, that I could make payments, and that the house has been purposely flipped five times. The title has been washed of 'foreclosure' Title references that were required by law in the State of Utah. And the documents Robosigned. Of course, that is old news. PNC replied on 3
/9/2012 with a 6 month old letter, most of the answers were "N/A" and was dated 11/2011. The letter back to the OCC does not address the issue that National City went under, nor have they stated why they are on my credit report.

I am paying a 10 year sentence for no crime, my reports contain a Foreclosure and Bankruptcy. The Federal and State Judge refused all enforceable Stays on the Sale of my house. The trial would have been more of a fight if I knew (and if you know) your banks are riding the brink of insolvency. And the contract I signed with National City meant nothing to the Utah 3rd District Court nor the Bankruptcy Court. The attorney did not even mention to Bankruptcy court that a State court trial was taking place.

If the OCC and FDIC wont protect me with these outlandish breaches in the Fair Credit Act that protects the Mortgage Contract, its obvious that National Banks are taking advantage of the laxity in enforcing the OCC charter to do this to millions. They will do it to you. Its past clearing my name, but its in your best interest that these Federal Institutions have you best interest at heart and are using the power at their fingertips to do what they been formed to do. Thank you,
I started this petition with what the OCC is charged
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Sincerely,