STOP THE EVICTION of the BRIAN BAYLESS FAMILY (OH)

A Bayless family supporter passed along the new "decoration" to Bayless home window

At 9:00am on March 15th US BANK....

...STOLE THIS HOUSE !!!                           

Thursday March 15th - 9:00am - EVICTED - EVICTED - EVICTED

Thur. morning we (the 99%) suffered a defeat to the 1% (US Bank/Wells Fargo). Although there’d been a nationwide outpouring of support by emails, phone calls and faxes (thank you) on behalf of Bayless family, the aged Judge - REFUSED – to listen to attorney Bruce Broyle’s motion to quash (eviction) and instead ordered the sheriff to quickly begin the “set-out” process.

Four sheriff deputies were at the home, assuring the Bayless family (of 7) were “thrown to the curb" (in the pouring rain) from a place they've called home the past13 years.

US Bank/Wells Fargo have bought and paid for favorable decisions ("bank-assisted" crime) from this court and long had this out-of-touch aged Judge - Duncan Whitney  -"in their pocket" for favorable bank decisions. Please call and fax the court (at below numbers) and let this Judge and Court know…that once again.....it has become a crime scene. Whitney strongly believes "blighting" neighborhoods will help bank balance sheets recover with more MLS sales.

"Bank Owned" Judge

W. Duncan Whitney
Delaware County, Oh 43015

CALL: Judge Whitney's Office - 740-833-2530

COURT: (740) 833-2519 or Fax: (740) 833-2529
 EMAIL: "Bank Owned" Judge directly  wdwhitney@co.delaware.oh.us

or "Bank Owned" Court system: http://www.co.delaware.oh.us/court/dwcontact.asp

PLEASE STOP THE EVICTION of BRIAN BAYLESS FAMILY

        THEY ARE COMING AGAIN - EVICTED - PLEASE STOP THIS CRIME

The shocking video was an EVICTION attempt and HAPPENED only 3 months ago
It was excerpted from a few minutes of camera-phone footage taken by terrified homeowner, Brian Bayless, during a harrowing & surprise eviction attempt by Delaware County Sheriffs.
Unfortunately, similar events play-out on a daily basis all across the country. 3,000 evictions & foreclosures EVERY SINGLE DAY. They come at the request of "Predator Drone" foreclosure firms representing phony alphabet-soup trusts. The local authorities and movers descend upon the unsuspecting families. It happens every day and is non-stop. NOW - see and experience the pure terror that occurs ...when they come to evict.WARNING the video footage and accompanying dialogue (and children crying) are real. This is very disturbing video and may not be suitable to watch...unless your devoid of emotion - like LSR attorney Andrew Top
Listen, Witness and Experience the inhumane side of a Predator Drone strike
ordered by LERNER SAMPSON ROTHFUSS (LSR) a foreclosure Mill Piranha

They are coming EVICTED this family - THURSDAY March 15 at 9am unless we stop it!  

PLEASE CONTACT BELOW and ask them to STOP THE BAYLESS EVICTION

Predator Drone Foreclosure Mills (Hired by Wells Fargo Servicing/Eviction Depart.):

Lerner Sampson & Rothfuss LPA (LSR)

RE: Attorney - Andrew “Madman” Top at x4968
or Jessica in evictions

RE: LSR Case Number: 200809509

120 East Fourth Street, 8th Floor, Cincinnati, OH 45202

PHONE: (513) 241-3100   FAX: (513) 241-4094

Email: info@lsrlaw.com

Reference LSR Case Number: 200809509 & Wells Fargo Loan: 7003344

Thompson Hine, LLP

Austin Landing I

10050 Innovation Drive, Suite 400, Dayton, Ohio 45342

PHONE: 937-443-6600     FAX: 937-443- 6635

Attorneys: (Scott King & Terry Posey)

E Mail: Scott.king@thompsonhine.com, Terry.Posey@thompsonhine.com,

Please phone, email and fax above entities. Stand up, Be Heard, Make a difference

Be a DOER Urgent! – Urgent! – Urgent! – Urgent! – Urgent! – Urgent!

TAKE ACTION - TODAY     TAKE ACTION - TODAY
 

Attorney Lynn Szymoniak CBS 60 minutes exposes FRAUD

in Bayless Case

WELLS FARGO: (as Servicer) purportedly acting on Behalf of US BANK (as Trustee)
Robo-Signing continues at Wells Fargo (HERE) 

Send action emails that Reference Name: Bayless  & Wells Fargo Loan: 7003344

To CEO John Stumph: John.G.Stumpf@wellsfargo.com, & Wells Fargo employees

James.M.Strother@wellsfargo.com, Richard.D.Levy@wellsfargo.com, David.A.Hoyt@wellsfargo.com, David.M.Carroll@wellsfargo.com, patricia.r.callahan@wellsfargo.com, kevin.a.rhein@wellsfargo.com, Carrie.L.Tolstedt@wellsfargo.com, AVID.MODJTABAI@wellsfargo.com, BoardCommunications@wellsfargo.com, sharon.cecil@wellsfargo.com, Todd.M.Boothroyd@wellsfargo.com, kovacedm@wellsfargo.com, mark.oman@wellsfargo.com, cara.heiden@wellsfargo.com, denise.erickson@wellsfargo.com, cara.k.heiden@wellsfargo.com, mary.coffin@wellsfargo.com,

Delaware County Ohio Common Pleas Court (Lower Court)

ASK the court to QUASH the WRIT

Delaware, Oh 43015

(740) 833-2519 (Fax)

Judge Whitney's Office - 740-833-2530

Judge Krueger's Office - 740-833-2550

Magistrate Laughlin's Office - 740-833-2565

Magistrate Weithman's Office 740-833-2542

US BANK Corporate Trust for SASCO (Structured Asset Securities Corp) 2005-RF4
SEE ACTION at US Bank CEO's home - MARCH 14th (HERE)

Contact:  Kathleen Sullivan

Email: kathleen.sullivan@usbank.com Phone:  617-603-6467

Other Corporate Trust Contacts:

Contact: Beth Nally   Phone:  617-603-6882  Email:  beth.nally@usbank.com

Jennifer Moynihan    Phone:  617-603-7629  Email:  jennifer.moynihan@usbank.com

Piyusha Shirname     Phone:  617-603-6550  Email:  piyusha.shirname@usbank.com

Paul Gobin                 Phone: 617-603-6630  Email:  paul.gobin@usbank.com

scott.miller6@usbank.com, james.mogavero@usbank.com, arthur.macdonald@usbank.com, patrick.teague@usbank.com, grace.gorka@usbank.com, bob.jones@usbank.com, elizabeth.thuning@usbank.com, toni.shumpert@usbank.com, jill.olson@usbank.com, nancie.arvin@usbank.com, sheryl.christopherson@usbank.com, eve.kaplan@usbank.com, sandra.farrow@usbank.com, cynthia.rose@usbank.com, nick.caramanico@usbank.com, mark.edwards2@usbank.com, lars.anderson@usbank.com, scott.graham1@usbank.com, eric.fischer2@usbank.com, bob.dunn@usbank.com, gregory.jordan@usbank.com, tom.cubitt@usbank.com,

Contact: US SENATOR:
Sherrod Brown

EMAIL the senator - fill our form (HERE)

PHONE: Washington, DC: (202) 224-2315 In Ohio Toll Free: 1-888-896-OHIO (6446) Columbus: (614) 469-2083 or Cincinnati: (513) 684-1021 Cleveland: (216) 522-7272 or Lorain: (440) 242-4100

Ohio 9th Appellate shoot-down of BONY & DRONE FIRM

FAIL - FAIL    Bank of New York Trust    FAIL - FAIL

Repeated failures by Summit County (Ohio) “foreclosure court” judges are being embarrassingly revealed with another published opinion and smack-down coming out of Ohio’s 9^th district appellate court. The sad truth; the latest appellate ruling unveils the many inadequacies, failures and improper decisions being reached in this bank-friendly (mentally-challenged?) lower civil court.

The most disturbing aspect of Summit County's repeated poor rulings: judges continue to fumble with the most basic principles of a foreclosure complaint (real party-in-interest, owner of note & mortgage and standing). This despite the fact they have a strict pre-filing requirement - which was instituted to make their decisions simple.  Summit County {Akron/Canton} is one of only three Ohio counties (of 88) that REQUIRE what I call a “Truth Averment.” The county has in place the rare “Certificate of Readiness” requirement. This 4 year old policy (May 2008) was implemented for the express purpose of stopping 3^rd party document creation {Fraud} companies from manufacturing evidence .

Unfortunately the phony paper plaintiffs (alphabet soup-Trust, Trustees or Servicers) are created out of thin air by LPS and MERS. The companies use computer driven spread-sheet software to execute millions of foreclosure filings. This FRAUDulent business model - is only as effective as the brain-dead hourly employees {low paid data-entry personal} hired to use it. Worse - the LPS Document Solution Software triggers a predator drone foreclosure mill firm {bench warmer paper filing attorney} into action.
Fortunately, these DRONE attorneys ARE REQUIRED (by Certificate of Readiness) to state...
plaintiff has “in its custody and control the original note and mortgage, and said documents [a]re available for inspection upon order of the Court.”

Excerpts from the Appellate court show (embarrassingly) the inadequacies of our lower courts (and judges). It is also further proof of a legal environment where bad attorneys are openly practicing and arguing…..Out-right FRAUD…. and feel comfortable ….doing it!
{¶13} Here, Bank of New York alleged that it was the “holder” of the note. The purported photocopy attached to its complaint shows the note payable to Bank of New York through the last {created, fabricated and obviously fraudulent} allonge.  Therefore, Bank of New York would have been required to possess the original note {and not some LPS created copy} in order to establish itself as the real party in interest by way of holder status.

{¶33} {Five months later}...the Bank’s {predator drone mill} counsel stated that “they were still ‘looking for’ the original note.”  By November 9, 2010, the Bank {of New York Mellon} presented no evidence that it possessed or had ever possessed the original note.  In addition, the Mihalcas noted that the Bank’s affidavit in support of its own summary judgment motion was improper evidence and as such, there was no proper summary judgment evidence {other than the fraudulent affidavit..and allonge..coming} from the Bank before the trial court

NEW published decision out of OHIO 9th District Court of Appeals

Case: Bank Of New York (Bony) Trust v. Mihalca, 2012-Ohio-567 (right click & open New Tab)

Date: FEBRUARY 15th, 2012

Plaintiff: Bank of New York Mellon Trust Company National

Predator Drone Foreclosure Mill: Reisenfeld & Associates, LPA, LLC

 

Matthew Charles Gladwell, {pictured above} apparently felt he needn't prove that the phony document(s) submitted either existed or were ever held by the Bank of New York Trust. 

OHIO's totally dysfunctional system is on full display here….the only positive…..our 9^th appellate court judges continues to overturn the poorly decided lower courts (especially Summit County).

{¶3} On June 11, 2010, the Mihalcas filed an answer ....{and} demanded to inspect the original note

{¶7} In their first assignment of error, the Mihalcas argue that the Bank [of New York] failed to prove its present possession of the note, which precluded summary judgment in favor of the Bank.  We [9^th appellate court] agree.

{¶14} .... [T]he Mihalcas questioned the Bank’s possession of the note beginning with their answer, wherein they made a timely request to inspect the original note.....  The Bank had {not} produced the note as of the date on which the trial court ordered summary judgment, which was over five months after the Mihalcas’ initial request....

{¶33} November 9, 2010, in responding to the Mihalcas’ counsel for production of the note....the letter {from Bank of New York} only allows one to conclude that counsel for the Bank is going to ask {another} Bank for the {original} note and that counsel believes that {another} Bank has possession of the original note.  The letter does not affirmatively state that the Bank has possession of it. The affidavit of the Mihalcas’ counsel avers that the parties again discussed production of the original note on September 27, 2010.  At that time, the Bank’s {predator drone mill} counsel stated that “they were still ‘looking for’ the original note.”  By November 9, 2010, the Bank {of New York Mellon} presented no evidence that it possessed or had ever possessed the original note.  In addition, the Mihalcas noted that the Bank’s affidavit in support of its own summary judgment motion was improper evidence and as such, there was no proper summary judgment evidence {other than the fraudulent affidavit..and allonge..coming} from the Bank before the trial court ...

{¶35} I {judge P.J. Belfance} can only conclude that the Bank has failed to meet its burden, as there was no evidence before the trial court that the Bank at any point in time possessed the original note. The Mihalcas were {also by law} entitled to have summary judgment granted in their favor.

Hello DISCIPLINARY COUNSEL (all 28-members)…..PLEASE WAKE-UP !! Do not allow these “Bench Warmer” lawyers {Matthew C. Gladwell} and PREDATOR DRONE foreclosure mill firms {Reisenfeld & Associates, LPA, LLC } to operate openly in our courts and further demean the legal profession.

Let’s see some sanctions. Let’s see some Disbarments

Hello OHIO SUPREME COURT …the black robes are supposed to show your higher legal status and authority ….not show{and prove} your simply wearing ...“sleeping attire”

We've seen identical bad decisions (from Summit county) before:

Our previous post: OHIO judges SHOOT down predator drone

Below findings: from Court of Appeals OHIO 9th District
Case: CitiMortgage, Inc. v. Elia, 2011-Ohio-2499 (right click & open in New Tab)

Date: May 25th, 2011
Plaintiff: CitiMortgage
Predator Drone Foreclosure Mill:  ERIN M. LAURITO,  Attorney for plaintiff  {CitiMortgage}