Wisconsin Foreclosure Defense Attorney & Whistle-Blower Wendy Nora Exposes Forged Documents used in Illegal Foreclosures Nationwide

Posted on June 5, 2020 by Neil Garfield

Dear Attorney General Kaul,

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My name is Wendy Alison Nora. I am writing to you with a copy of this email to the Administrator and Deputy Administrator of the Wisconsin Division of Criminal Investigations (DCI) in a continuing effort to report ongoing statewide crimes under Wis. Stat. sec. 165.70(1)(a).

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I had been reporting the use of false pleadings, supported by forged documents and falsely sworn affidavits in Wisconsin Circuit Court foreclosure actions and forged documents being produced for recording in the Offices of the Wisconsin Registers of Deeds since 2010 in defense of homeowners in foreclosure actions until I was suspended for doing so by the Wisconsin Supreme Court on March 30, 2018, effective April 30, 2018.

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I remain admitted to practice before the United States Supreme Court, which is fully informed of the disciplinary proceedings before the Wisconsin Supreme Court and has taken no action thereon. I consult with foreclosure defense lawyers nationwide except in the State of Wisconsin due to the unconstitutional provisions of SCR 22.26 and SCR 22.27 from which I intend to obtain relief. I also consult with homeowners nationwide who are seeking to file Petitions for Writs of Certiorari to the United States Supreme Court for violations of their rights to due process by the use of fabricated evidence in both judicial and nonjudicial foreclosure proceedings.

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Please see the attached proposed REVISED Third Amended Complaint (first document attached) which is but one a number of citizen complaints of the continuing operation of an ongoing criminal enterprise, which I have identified as the Fraudulent Foreclosure Enterprise. In Wisconsin, the Fraudulent Foreclosure Enterprise has been engaging in violations of multiple, predicate acts in violation of the Wisconsin Organized Crime Conrtol Act (WOCCA) at Wis. Stat. secs. 946.80-946.88.

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I would like to set up a conference with you  and the Administrator of the Division of Criminal Investigations (DCI) as part of my continuing effort to report crimes that are statewide in nature, importance or influence, which the Wisconsin Department of Justice (DOJ) has a duty to investigate under Wis. Stat. sec. 165.70(1)(a). Numerous homeowners and other property owners have statements and evidence provide in the course of the legislatively-mandated investigation, many of whom have lost title to and possession of their homes based on false pleadings, supported by fabricated and false evidence.

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I have voluminous evidence to support the position that false pleadings, supported by forged documents authenticated by falsely sworn affidavits have been and are being transmitted by mail and wire to be filed in the circuit courts of the State of Wisconsin, and uttered into evidence in circuit court foreclosure proceedings on a systematic basis which are predicate acts identified under Wis. Stat. sec. 946.82(4) in violation of Wis. Stat. sec. 946.83.

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You have inherited duty to investigate ongoing violations of the Wisconsin Organized Crime Control Act (WOCCA) at Wis. Stat. secs. 946.80-946.88, which were never investigated by former AG Schimel after he succeeded former AG Van Hollen. Former AG Van Hollen’s staff failed to investigate my report to the Wisconsin Department of Justice (DOJ) on January 14, 2014. See the second document attached: my email to AAG Holly Pomraning dated January 14, 2014.

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Wisconsin circuit court records have been and continue to be infected with false pleadings and forged documents, authenticated by falsely sworn affidavits transmitted by mail or wire contrary to 18 U.S.C. secs. 1341 or 1343 which are predicate acts in violation of 18 U.S.C. sec. 1961 and are specifically incorporated as predicate acts in violation of WOCCA under Wis. Stat. sec. 946.82(4).

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The crimes which are being reported  involve multiple violations of Wis. Stat. sec. 943.38(1)(a) and Wis. Stat. sec. 946.32(1), defined as predicate acts under Wis. Stat. sec. 946.82(4), prohibited under Wis. Stat. sec. 946.83 and chargeable as crimes. In addition, since no later than January 10, 2012, attorneys for mortgage servicers have been uttering forged documents purporting to be “original” notes by presenting forged documents in Wisconsin foreclosure actions in violation of Wis. Stat. sec. 943.38(2) which conduct also violates SCR 20:3.3(1)(a), SCR 20:8.4(b), (c), and/or (f).

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Hundreds of forged documents have been transmitted by mail and wire to be recorded in the Offices of the Wisconsin Registers of Deeds, contrary to 18 U.S.C. secs. 1341 or 1343, which are predicate acts in violation of 18 U.S.C. sec. 1961 designated in Wis. Stat. sec. 946.82(4) as predicate acts and also  involve multiple violations of Wis. Stat. sec. 943.38(1)(a), defined as predicate acts under Wis. Stat. sec. 946.82(4), prohibited under Wis. Stat. sec. 946.83 and chargeable as crimes.

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Although the Department of Justice (DOJ) for the State of Wisconsin received at least $30,191,806.00 from the National Mortgage Settlement in the case titled United States of America, et al. v. Bank of America Corporation, et al., Case No. 12-cv-361 in the United States District Court for the District of Columbia on April 4, 2012, the DOJ took no action to investigate violations of Wisconsin criminal statutes reported to the DOJ and the Division of Criminal Investigation (DCI) and DOJ has taken no action assist homeowners whose homes were and still are being taken in violation of the criminal law.

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Furthermore, while the State of Wisconsin received $1,505,315.00 from the Consent Judgment in the case titled The State of Connecticut v. Lender Processing Services, Inc., et al. (the LPS Settlement) filed in the Superior Court for the Hartford, Connecticut on January 31, 2013, the State of Wisconsin has taken no action to investigate, remediate or demand remediation of the false recordings in the Wisconsin Registers of Deeds Offices despite the availability of the LPS Settlement funds to do so. See the third document attached: the Consent Judgment for the LPS Settlement. See also the November 20, 2012 conviction of DOCX CEO Lorraine Brown (DOCX is a subsidiary of LPS and party to the Consent Judgment) in which she admits that over 1,000,000 false documents have been filed in the public land records from her LPS subsidiary alone (fourth document attached).

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On February 5, 2020, an accounting was provided to a Wisconsin citizen detailing the allocation of funds from the National Mortgage Settlement and reporting that as of February 5, 2020, $550,000.00 of the National Mortgage Settlement funds still has not been expended by DOJ. See the fifth document attached: February 5, 2020 letter from Wisconsin State Representative Tip McGuire. There is no accounting for the $1,505,315.00 LPS Settlement of which I am aware and, to the best of my knowledge, DOJ undertook no effort to remediate the false documents recorded in the Offices of the Wisconsin Registers of Deeds.

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False pleadings, supported by forged documents and authenticated by falsely sworn Affidavits filed on behalf of nonexistent and misidentified entities continue to be used by the Fraudulent Foreclosure Enterprise described in the proposed REVISED Third Amended Complaint in Dane County Circuit Court Case No. 2018CV000916 in order to foreclose on Wisconsin real estate to this day.

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Thank you for your anticipated response to this continuing report of the ongoing criminal conduct of the Fraudulent Foreclosure Enterprise in the State of Wisconsin by agreeing to the requested conference with you and the DCI.

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Respectfully

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Wendy Alison Nora

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bcc: Interested Wisconsin citizens and others

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Wendy Alison Nora*
ACCESS LEGAL SERVICES, LLC**
310 Fourth Ave. S., Suite 5010
Minneapolis, Minnesota 55415
VOICE: (612) 333-4144
FAX: (612) 206-3170
accesslegalservices@gmail.com

*Not admitted to practice law in Wisconsin or Minnesota

**Providing research, investigative, technical, filing and

process services at the direction of qualified attorneys

in all U.S. states exclusive of the State of Wisconsin

What I said:

Ms. Nora’s position is entirely correct. the failure of federal and state government agencies to police the actions of investment banks has resulted in undue burden on everyone including but not limited to investors, homeowners, court systems, taxpayers, tax agencies, local government and more.

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The basic facts are simple: there has never been a process for securitization of debt despite all representations and allegations to the contrary. In no case has any obligation of any homeowner been transferred to any investor under the current scheme of “securitization.”

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At the beginning, middle and end of the process, homeowners are drafted into a plan of securitization that they know nothing about, they get paid nothing for issuing the note and mortgage that enables claims of securitization, they get no credit for payouts of insurance and hedge contracts, and they do not get the benefit of any bargain they intended, to wit: a loan transaction in which an actual lender takes an actual economic risk and maintains a stake in the success of the transaction.

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Instead homeowners are left with the absence of a creditor and lender who could be responsible for compliance with Federal and State lending laws, including a lender who is ultimately responsible for the viability of the loan. And the process of paying them money for issuance of the note and mortgage is dependent upon a business plan that relies on the probability of events that can be declared as defaults even with the absence of a creditor who has paid value for the underlying obligation in exchange for a conveyance of ownership of the debt.

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This in turn triggers two things: foreclosure for profit (instead of restitution) and receipt of payments from counterparties to insurance and hedge products that are never credited to the “loan” account because the “loan” was only insured indirectly through a contract indexed on a certificate deriving its value from the existence, but not the ownership, of the “loan.”

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As a result the only possible foundation for foreclosure, collection or even administration is the production of false documents that are forged, robosiugned and backdated to memorialize transactions that never occurred. Homeowners are sued for forfeiture of their homes based upon demands for money that do not account for reductions of the debt resulting from receipt of funds without subrogation from third party sources.

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As a result, the documents that assert a memorialization of transactions in which the debt, note or mortgage were sold or purchased are all false and fabricated. Many of them are recorded. And government in general seems to be operating under the narrative promoted by Wall Street investment banks that this practice, while illegal, has now been institutionalized and there is nothing anyone can or should do. I disagree. And I support Ms. Nora’s demands. Failure to intervene and prosecute criminal behavior is the major contributor to wealth inequality in this country and in every state of the union.

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Regards,

Neil F Garfield, Esq. M.B.A., J.D.