CLEVELAND – FDIC, the owner of my note of the mortgage on my home, argued in court today why my home should be sold and why my family and I should be evicted from our home due to not finishing construction on-time for our six-bedroom, four-bathroom house in Ohio.
IndyMac failed in July, which is why FDIC now has the note and this is literally the only case in all of Cuyahoga County with FDIC’s name on a case.
So we met the accomplice of the fraud, Robert Stefancin, attorney for Schottenstein, Zox, and Dunn, who was hired to steal my home through federal court. The first case management conference in more than one calendar year of the case being filed originally in the state court down the street was ordered by Judge Kathleen O’Malley (appointed by President Clinton in 1994).
(Said “Unknown Tenant” Jason Werner Jr. (19 months old) sat in the gallery with his 5-month-old sister, Haven, and Mom. Unknown tenants still have not responded to service.)
Firstly, I must say the fraud seems to be coming to an end because I believe headway was made today, wherefore I will continue to expose the fraud, however this case seemed to have progressed in such a way that all parties should be satisfied per today’s agreements.
The judge asked FDIC rhetorically, “You don’t really want to take this man’s home, especially considering you are FDIC.”
FDIC’s counsel seemingly cringing, said, “That can be avoided.”
But Mr. Stefancin threw a fit over and over during the conference about the fact that this case has been in court for more than a year. He must have forgotten that he is the one who avoided mediation in the state court by fraudulently transferring the case to federal court, thereby delaying the case that much longer and he sat on the case in federal court with no motions.
It is determined that although I do have an obvious claim against the bank, there is no monetary benefit for me because IndyMac no longer exists and FDIC has no money either. FDIC agreed to essentially ignore the issue of construction not being complete on-time if I agree to make a proposal for a real mortgage (the fraudulent construction loan has not yet converted to its permanent mortgage stage yet). Strong discovery was also ordered by the judge, which is very favorable for me.
One of Plaintiff FDIC’s blatant lies (with court reporter present) through Robert Stefancin: Tried to argue that payments were not received and Jason Werner tried to “catch up on payments” during servicing of note from inception of contract.
The judge asked me what happened with that.
I said, “It’s all lies.”
I continued, “In fact, I filed complaints with the Office of Thrift Supervision regarding the lies that IndyMac was not receiving payments, and cancelled checks and bank statements will show I made my payments.”
My attorney and I also made it very clear to the judge that IndyMac was manipulating inspection reports and holding back disbursements of the construction loan, which led to the eventual foreclosure lawsuit being filed at exactly the nine-month mark. A question was also raised about what actual completion was, whereby that was also twisted by IndyMac Bank representatives, in that, the truth is that completion is determined by the local municipality, which will accept partial or full for an occupancy permit. In our case, the house is beyond habitable.
Another one of Plaintiff FDIC’s blatant lies is that multiple, multiple offers were made to Defendant Jason Werner in the state court before the case was transferred to federal court to keep Jason Werner in his house, but he said no to every single one of them.
For the record, I guarantee that FDIC – unless they fraudulently produce documents – produced one offer to me; however the offer was vehemently and fraudulently vague, whereby there was no real way to answer it. Furthermore, FDIC fled immediately one week after the one offer, whereby we are now in federal court.
Plaintiff FDIC had absolutely no answer for the alleged mistakes (fraud) regarding inspection reports showing that the frame was complete, but the foundation was not complete.
How do Robert Stefancin and FDIC think they can get away with their lies?
Regardless, a court reporter has evidence that all parties have agreed to discovery and to concoct some kind of agreement on a permanent mortgage to finish this case quickly. One thing in which the Court is not yet aware though is the duress and fraud involved in my other cases (car and real estate), whereby thug attorneys are trying to attach fraudulent liens to my house to force foreclosure for them, but that bridge shall be crossed when we get to it.
The battle belongs to the Lord.