Petition to Katie Riggs, Aldridge Pite, LLP, Mark Kaplowitz, Esq., JPMorgan Chase Bank, N.A. Vice President and Assistant General Counsel, Casey Pence Senior Associate Aldridge | Pite, LLP 111 SW Columbia St, Suite 950 Portland, OR 9720
Save The Healing House!
Deb Elder has lived an authentic life, often speaking out at injustice.Her purchase of a single family home in West Eugene in 1999 ended a pattern of divorced parents and a broken family for over two decades. By the time at age 30, she had moved over 30 times. In 1992 Deb moved to Eugene Oregon. In the Spring of 1999 she purchased a single family home with her partner. Later, she purchased the partner's interest and continued to make payments on her mortgage. Let's remember that Deb was born with Lyme pathogens, she sustained a Worker Injury as an Auto Mechanic in 1987. Her California lifestyle included her working over her horse much of a decade, chasing cows on local San Luis Obispo CA ranch lands. Deb roached the main of her trusted steed, Tyrel as it was a holdfast for tics which rained on them both as they rode beneath the Central California Oaks, chasing cattle. Later on a camping trip in 2013 mosquitoes bit her in Oregon at Lake Timpanogos Campground https://www.fs.usda.gov/recarea/willamette/recarea/?recid=4517 where she was injected with the near fatal pathogens which created the cascate of symptoms she experies today. The accumulated pathogens laid her out in bed for 16 months. She faced heart failure and other medical complications. Her mom Frances, passed in 1991 at age 51 to Budd Chiari, a obscure Liver disease with gross medical complications which are yet to be explained other than pathogens. Frances father Harold Elder died of Alzheimer's, her mother of cardiac issues. Thus the genetic transference of pathogens is traced back, it's proven with Dr. Alan MacDonald that Alzheimer's is Lyme Disease pathogens. We know congenital transmissions happen. Deb now owns both of the mortgages on her modest home in Eugene. She lost her job in May 2011, due to undiagnosed and untreated pathogens within her. Soon a friend tells her, 'you don't have Fibromyalgia', "you've got Lyme Disease"...as she fell behind on the note. Her Igenex testing proved her friend correct with multiple positive test results. Igenex testing prove it right with the West Coast version of Babesia, Duncani https://www.igenex.com/tick-borne-diseases/babesiosis-disease/ ... Dr. Harris's offices in California confirmed these findings at great, out of pocket cost. Deb has serious cardiac issues just after a camping trip in 2013 which left her bedridden for the next 16 months. She was hospitalized 6 times that year with no answers from the Oregon medical community at large nor their paid liars the IDSA doctors. Deb recorded her phone conversation with Conversation between Deb Elder and the Infectious Disease unit at PeaceHealth. August 21, 2014 "PH lady: There’s nobody that I know of in Lane County that currently treats for Lyme Disease. Deb: So, I mean, you guys are the public health medical office for infectious diseases, right? Lady: Correct. Deb: And, so I guess I don’t understand. I have infections, and you are telling me that on Lyme disease, there is no Lady interrupts: Our doctors don’t treat for Lyme disease here …that’s just their choice. They don’t feel there’s any current treatment for it, so they don’t treat for it. Um, the CDC doesn’t recognize it. I mean there’s other doctors that do have ways they feel that they can treat it, but here it’s not something we want to take on, treating Lyme disease, it’s not something we practice here. Deb: You just said the CDC doesn’t acknowledge Lyme disease. Lady: There’s no diagnosis code for Lyme disease. They recognize it as being conditions or symptoms. That’s how they treat it for Lyme disease. Try as she might, never did she get well enough to resume work. SSDI was her only means of income. Yet, all this tough chick did was advocate to others about these pathogens, Lyme Disease, treatment with Bee Venom Therapy, and she even attended several national Lyme Disease rallies all over the nation. Deb has been seen in many videos and media pieces on the matter. Well in fact her#2014BVTChallenge enrolled over 70 patients, all improved, most significantly. Upon this Bee Venom success, Deb opened her home to create the first Bee Venom clinic for Oregon! Dozens of folks from other states have traveled to meet with her and to attend her Bee Venom camp, where folks stay with her to get first hand help over a period of days to learn. Hundreds of people have come to her home, met her, love her good works and have immensely been positively affected. Too, Deb created The Flippin Lyme Foundation as a means under the surveillance of a 5013(c)3 not for profit agency, to promote her good works. She needs a place to teach. So good are her works, River Roofing, a local roofing company who provides a 'free roof' to a community member whose do so much for the good of our community. In 2015 Deb Elder won this amazing award! River Roofing happily applied the roof to her home. That same home now in jeopardy. Chase trying to 'take back' that roof and the rest of the house with it. You see, J P Morgan Chase has elected to hire, Katie Riggs OSB#095861with Aldridge Pite, LLP, 111 SW Columbia St, Ste 950, Portland Oregon 97201. Casey PenceSenior AssociateAldridge | Pite, LLP, 111 SW Columbia St, Suite 950, Portland, OR 97201 Main Office: (858) 750-7600, Direct Dial: (503) 345-9501Fax: (503) email@example.com to represent them in a Foreclosure action against Debie Elder some 16-months ago. It's a very stale case, likely to go to hearing any week now. Also involved: Mark Kaplowitz, Esq., JPMorgan Chase Bank, N.A.Vice President and Assistant General Counsel, 4 Chase Metrotech Center, 22nd Floor, Brooklyn, NY 11245, (718) 242-3164, firstname.lastname@example.org. Neither has responded to Deb's attempts to recreate the loan modification documents which were lost and compete that process whereby she can afford to retain her home on her sole income, SSDI. This after the Making Homes Affordable program documents got lost in the flowerbed, raked over by Deb's chickens to be found mid November. . . Opportunity lost. Today, Deb and her legal advisors have begged JP Morgan Chase to restore those lost documents. To give her a chance to retain her home of nearly 20-years. Lane County has no Section 8 HUD housing funding until 2019...Yep, this is a critical situation. Deb can use your voice right now. Call, write, request: Chase finalize the Loan Modification.Demand local news media outlets cover the story. To be quiet will allow Deb to migrate at age 56 to be living basically in a homeless situation. She has no partner, no children, little family and very few financial resources. What's needed is a community voice to say no, to this Foreclosure action in Lane County: Case #16CV23785. It's a 16-month stale case and likely to go to trial very soon without interactions to end the process. JP Morgan Chase has to offer and provide new final documents to be signed and end their Foreclosure actions. This is a community resource we cannot afford to lose. Thank you kindly for you response. You may contact Deb Elder at:The Flippin Lyme FoundationPO Box 40903Eugene OR 97404541-854-5336FlippinLyme@gmail.com Deb Elder is fully qualified, after a 2-year process, to have her mortgage amended.The 'NEDCO Making Homes Affordable' program should be allowed to be finalized to allow Ms. Elder to retain her home in an affordable position as is noted in the environmentally damaged and humanly mishandled manner. Chase should recall this Circuit Court of Lane County claim and finalize the Loan Modification documents which were destroyed.That's the right thing to do.
Petition to Todd Spitzer (Orange County Board of Supervisors 3rd District), Mayor Mike Munzing, Mayor Tom Tait, Mayor Christine Marick, Mayor Fred R. Smith, Mayor Stephen Mensinger, Mayor Mariellen Yarc, Mayor Cheryl Brothers, Mayor Bao Nguyen, Mayor Jim Katapodis, Mayor Gerard Goedhart, Mayor Barbara Kogerman, Mayor Andrew Hamilton, Mayor Diane Dixon, Mayor Jeremy B. Yamaguchi, Mayor L. Anthony Beall, Mayor Miguel Pulido, Mayor Brian Donahue, Mayor John Nielsen, Mayor Tri Ta, Mayor Steve Dicterow, Mayor Bob Baker , Lisa A. Bartlett, Michelle Steel, Andrew Do, Shawn Nelson
Stop Careless Lending & Tax Defaults: Stricter Guidelines for PACE Loans
Making unaffordable loans based on the assets of the borrower rather than on the borrower’s ability to repay an obligation = PREDATORY LENDING Inducing a borrower to refinance a loan repeatedly in order to charge high points and fees each time the loan is refinanced (loan flipping) = PREDATORY LENDING Engaging in fraud or deception to conceal the true nature of the loan obligation, or ancillary products, from an unsuspecting or unsophisticated borrower = PREDATORY LENDING I, Lacy Robertson a Mortgage and Real Estate professional with over 14 years of experience am asking for stricter financing guidelines when approving homeowners that seek to finance energy and water efficient products. This request is in an effort to prevent another financial housing melt down. Too many people have lost their homes to unfair, careless lending practices and we don't need any more families to lose their most expensive asset they own or will ever own! When you seek to finance a car or a house it is customary to provide debt and income information to the financing company in an effort to make sure you have sufficient income to repay the loan back for the benefit of both the consumer and investor. This is where your help is needed!!! Right now homeowners can apply to finance energy-efficient products with PACE loans without providing any type of documentation that would show their ability to repay the loan. Not only is financing available but 100% financing is available. 100% financing on large purchase item(s) to consumers without considering their ability to repay the loan is not only risky but a recipe for disaster!!! What does 100% financing remind you of… Oh no, this sounds like adjustable rate mortgages being approved only at the minimum payment and never at the fully amortized highest contractual payment. When lenders failed to see if an applicant could afford the highest payment amount under the loan it led to mortgages falling into default at record numbers once the payment adjusted. The same is true if you fail to evaluate a consumer’s ability to repay PACE loans based on their income, debt and actual projected savings. It is only a matter of time, if stricter financing guidelines are not put in place that homeowners will be forced to default on their property taxes and mortgage payments that include property taxes. Why? Because They Can’t Pay!!! Homeowners tend to upgrade to energy-efficient products in an effort to save money on their utility bills. If sufficient guidelines are not in place to ensure that when a homeowner finances energy and water efficient products they can both pay the loan and save money then we are voluntarily creating another housing crisis but I HAVE GOOD NEWS YOU CAN HELP by signing the petition! Based on my research and cases that I have come across PACE loans do not require any type of income and liability documentation before approving financing and at the very least this is careless and shows that the finance company doesn’t care if a consumer can afford to pay the loan because they now have collateral to back the loan classified as a Hero Property Tax Assessment which also creates a senior position lien or 1st position lien recorded against your property. Yikes, if the homeowners can’t pay this loan, they will most likely lose their home or be forced to sell, when their original intention was trying to save money. PACE loans also don’t require that a homeowner at least saves a certain amount of money monthly/yearly when upgrading to energy and water efficient products. Without this due diligence, there is no guarantee that the products are actually beneficial to them. When a finance company fails to insure a consumer’s beneficial interest, you have a case where consumers are taken advantage of like during the refinance boom years. Many homeowners were refinancing their properties over and over again with virtually no significant benefit to them and the only party that benefited was the lender. I need your help! You need my help! We need each other’s help! Stop the careless lending of PACE loans. It is time that we demand strict financing guidelines to protect our homes and our families. Everything that is legal is not ethical but together we can prevent finance companies from taking advantage of homeowners in a legal but unethical way! Stand Up For Your Families by signing this petition, sharing it with everyone you know and encouraging them to do the same! We CAN make a difference.
Petition to United Nations, Consumer Financial Protection Bureau Ombudsman, FTC, Ralph Nader, Elizabeth Warren
Create Debt Neutrality Rights for Paying Down Credit Cards & Student Loans.
Compromise regarding consumer debt is a powerful tool. Forgiving Credit Card and Student Loan Debt can send the wrong message, but telling people to "get any job", or "get a second job" to pay their debts is flawed if the jobs don't pay enough to pay down a person's existing credit card and student loan debts. The compromise solution for those with Unending Credit Card and Student Loan Debt would be to allow a person to declare Debt Neutrality on their debt if they are experiencing a hardship in their lives. Consumers presently owe 3 trillion dollars in credit card and Student Loan Debt. Put another way, that 3 trillion in debt costs between 30 billion to 60 billion dollars EVERY MONTH in never ending interest rate charges just to keep the debt at that level! Debt Neutrality starts with those who can afford to pay down their debts without taking on any new debt, provided the interest rates, penalties and fees are discontinued on their present debts. After the first wave of consumers exercise Debt Neutrality and begin actually paying down their debts, the economy should begin improving as consumers with less and less debt actually have a touch more money to spend locally, which in turn should create new job opportunities for those still out of work. This in turn helps states and cities generate more tax revenue. The result could be a cascading affect of economic improvement that requires no government funds of any kind, just the release of the financial death grip that banking institutions have over many consumers via credit card and student loan debt. What we need is for Congress to grant Debt Neutrality Rights, and then get out of the way! Please follow the Debt Neutrality Petition on Facebook, http://www.facebook.com/debtneutrality and http://www.facebook.com/debtsuspensionrights
Petition to Hon. Roger L. Efremsky, W. Kirk Moore
Stop Bankruptcy Judges From Harming Homeowners
The Northern District of California Bankruptcy Court Is on the verge of implementing a new Chapter 13 Plan that will harm debtors trying to save their homes through Chapter 13. A Conduit Plan Imposes Additional Costs on Debtors Benefiting No One But Banks By requiring that all post-petition mortgage payments be administered by Chapter 13 trustees, a conduit plan will impose enormous additional costs on debtors. In San Jose, the Chapter 13 Trustee’s current administrative claim is the maximum ten percent. On a modest $2,500 monthly mortgage payment, the proposed conduit plan will saddle the debtor with an additional $250 per month or a whopping $15,000 over the life of the plan. Mortgage lenders and their servicers already perform the function of monitoring, accounting for, and policing their borrowers’ monthly mortgage payments. The administrative costs of servicing mortgages are already baked in to banks’ costs of doing business. Borrowers are already paying the banks for this administrative function as these costs are passed on to borrowers in the form of interest and fees. Requiring debtors in Chapter 13 trying to cure a prepetition mortgage default to additionally subsidize banks’ mortgage lending business will result in nothing short of a tremendous transfer of wealth from debtors to banks. The gap between the richest and everyone else has been widening for decades. The corrosive effect of a shrinking middle class on our body politic is not in doubt. Against this backdrop, it is baffling why the Bankruptcy Court would do anything to undercut homeownership by shifting any additional economic burden onto homeowners for the benefit of the banks. Homeownership has traditionally been a hallmark of the middle class. Chapter 13 has traditionally offered a vehicle to many to cure a prepetition default successfully. Imposing a conduit plan will inevitably put this form of bankruptcy relief out of reach for a large swath of debtors because adding a ten percent surcharge on the Debtor’s plan payments will be enough to deny Chapter 13 relief to a substantial number of debtors, causing them to lose their homes. While I haven’t polled Chapter 13 Trustees, I doubt very much that many of them are keen or are equipped to essentially become mortgage servicers. That is the mortgage lenders’ job, and the costs of these operations are properly understood to be part of the lenders’ business activity. Shifting the cost of the mortgage lenders’ business onto the backs of debtors, again, amounts to a windfall for large banks that are already quite profitable. Rigid Payment Deadlines Set Debtors Up to Fail The proposed provision of the conduit plan that debtors curing mortgage arrears had better make their new inflated payment to the Chapter 13 Trustee by the 20th day of the month or else be in default—not just of their plan, but also with their mortgage lender sets up debtors for failure. I have represented dozens of Chapter 13 debtors who have successfully cured mortgage arrears through their plans and ultimately obtained a discharge of other debts. Many of them experienced hiccoughs along the way. Sixty months is a long time in anyone’s life. Cars need repairs. People experience layoffs and get sick or injured. People sometimes need a root canal (who even has dental insurance? And if they do, how much does it cover, 30%?). In some divisions, there has traditionally been some much appreciated leeway given by the Trustee to allow debtors to informally cure plan payments. Such a flexible approach to the administration of Chapter 13 cases has helped thousands over the years emerge from Chapter 13 and to save their home. Imposing additional rigidity on debtors’ plan payments does not further any policy end other than to favor mortgage lenders—and perhaps lessen the burden on the Court by reducing the number of motions filed for relief from stay. In effect, the Court, by imposing this rigidity on debtors would be policing mortgage payments for mortgage lenders, thereby again relieving the banks from part of their cost of doing business. The Court from time to time has expressed its umbrage that a debtor’s delinquency in making a post-petition mortgage payment directly to a lender constitutes a material breach of the Chapter 13 plan “contract.” I get it. But the medicine proposed is significantly more harmful than the disease. The Conduit Plan Supplants Lenders’ Business Judgment for the Court’s Consider, for example, that during the height of the financial crisis, 2008-2013 or so, we all recall the familiar scenario wherein the mortgage lender did nothing to seek relief from the Stay for sometimes lengthy periods after a debtor became delinquent on post-petition mortgage payments. That was the bank’s prerogative. We should assume that they were making a calculated business decision in choosing to delay seeking relief from stay and foreclosing on the property. They simply didn’t want that property just yet. The “Business Judgment Rule” represents longstanding judicial doctrine that courts should not second-guess industry in precisely this sort of scenario. The banks can look after themselves just fine. For the Bankruptcy Court to impose a conduit plan that builds in an unforgiving, nay punishing, automatic remedy for the benefit of mortgage lenders when a debtor misses or makes a smaller plan payment we have to wonder what end is served by the Bankruptcy Court inserting its own business judgment for that of the mortgage lending industry. Moreover, there have always been those cases in which a debtor who entered a Chapter 13 plan in good faith in an attempt to cure pre-petition mortgage arrears, but at some point during her lengthy sixty-month plan suffered some unforeseen financial setback and became delinquent on her direct mortgage payments. Yes, under the “contract” theory, such a debtor has perhaps technically breached her Chapter 13 plan (though she may be current in her plan payments to the Trustee). The harshness of the conduit plan entirely ignores that such a debtor, if allowed to remain in her Chapter 13 plan (while, yes, granting relief from stay) would often successfully complete the plan and obtain a much needed discharge of other, substantial debt. This debtor would likely have her case dismissed under the proposed Conduit Plan for having failed to make all plan payments, thereby shutting her out of obtaining needed relief from her other debts. Conclusion The proposed conduit provisions of the new model plan serve no equitable goal. The Bankruptcy Court is a court of equity. The proposed conduit provisions are demonstrably inequitable to debtors struggling to cure mortgage defaults through Chapter 13 plans. The conduit provisions would represent a windfall to banks and, perhaps, lighten judges’ relief from stay calendars. These are hardly solid policy goals when the consequences will be to saddle debtor homeowners with painful added administrative costs, onerous new deadlines, and rigid triggers for default—all of which will set them up to fail. This is bad policy that will harm working class debtors trying to save their homes through Chapter 13 bankruptcy. Tell the Court this is WRONG before October 3, 2017: From the Bankruptcy Court's Website: "PLEASE TAKE NOTICE that the Court is requesting comments on the new Chapter 13 Plan (to be effective on 12/1/2017). A pdf of the Chapter 13 Plan is below. Comments regarding the new Chapter 13 Plan may be emailed to the bench-bar liaison representatives Sarah Little email@example.com (link sends e-mail) and W. Kirk Moore firstname.lastname@example.org (link sends e-mail) by October 3, 2017. Subject line of the email should be: Chapter 13 Plan Comments. The bench-bar liaison representatives will prepare a summary of comments for the judges’ review. In addition, the actual comments will be forwarded to the judges."