breitlings letter to codilis & stawiorski
DESCRIPTION
The Codilis & Stawiorski is a foreclosure mill operating under the LPS network. The routinely fabricate falsified mortgage related records that include forgeries, false signatures and false claim the grantors/assigners and grantees/assignees on deed assignments.TRANSCRIPT
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5/21/2018 Breitlings letter to Codilis & Stawiorski
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JoAnn & Samuel G. Breitling Number of pages 3
1704 Cornwall Lane
Sachse, TX 75048
Codilis & Stawiarski, P.C.
650 N. Sam Houston Parkway East, Suite 450
Houston, Texas 77060
August 18, 2014
Attention: Ernest J. Codilis, Jr., Leo C. Stawiarski, Jr.; Jeffrey Hardaway, and Mary Speidel
Dear attorneys:
Please note that I have filed the following motions with the presiding judge, Judge Mary Murthy, of the 134th
District Court in Dallas Texas:
1.
Motion to Recuse and Disqualify Judge Dale Tillery
2. Motion to Vacate Void Order for Summary Judgment Favoring LNV
3.
Motion For Judicial Notice of a Judicial Determination of Fact that Beal Switched a Note to Make it
Appear a Wife Signed it When She Had Not
4. Motion for Judicial Notice of Information and Criminal Indictment and Plea Agreement of Lorraine
Brown
5. Motion For Judicial Notice of the Southgate and Bemont Cases
6. Motion For Judicial Notice of Secretary of State Records Showing Corporate Addresses of LNV and M
Mortgage Inc. and Their Officers
Judge TillerysOrder granting LNV summary judgment is void. He violated our constitutional rights to due
process and equal protection of law under the Fifth and Fourteenth Amendments to the Constitution of the
United States of America. His judgment is also void because it was founded upon fraud and fraud upon the
court by the court.
We informed you in a letter dated February 3, 2014, which was our response to a debt demand letter wereceived from your law firm dated January 14, 2014, that we disputed the debt you were attempting to colle
as an invalid debt. Our letter was sent pursuant to the Fair Debt Collection Practices Act, FDCPA, (15 U.S.C.
1692 et seq.)
Under the FDCPA you were required to investigate the validity of the debt and you failed to do so, thus
violating the FDCPA. Instead your law firm decided to move forward with foreclosure litigation in a differen
court when you knew that your client had been in prior litigation with us in the 116thDallas District Court
where we were the plaintiffs, and that judicial determinations in that court had denied your client a summar
judgment on the same grounds as those purported in the 134thDistrict filed by your law firm.
You claim your client is Dovenmuehle Mortgage Inc. and that they are a mortgage servicer for LNV Corporati
In our prior litigation MGC Mortgage Inc. (MGC) was a defendant. Through discovery we learned that they
were purporting to be a mortgage servicer for LNV Corporation. Because we had never received any notices
transfer of servicing or transfer of mortgage as required under 12 U.S. Code Chapter 27, (RESPA), we had
believed that MGC was collecting our payments in behalf of Aames Home Loans. MGC also claimed they did n
have a payment history for our loan. This is why our attorney told us to stop paying MGC. They had not sho
they had a legal right to collect payments from us or that they would properly account for our payments and
apply them to our loans principal balance. We later learned that the deed assignments to LNV and between
parties prior to the purported assignment to LNV had been falsely fabricated and that they contained forgeri
and false signatures, as well as, false statements about the assignees and assignors.
Dovenmuehle Mortgage Inc. is shown as a sub-serviceron a list of LPS Service Providers. Codilis &
Stawiarski, P.C. is also on this list of LPS Service Providers. LPS Service providers use a computer software
system (the LPS Desktop) also shown on the list of LPS Service Providers. LPSStands for Lender Processin
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Services, a company identified in the criminal conviction of Lorraine Brown as an enterprise vehicle used to
commit Browns crimes which included conspiracy to defraud. The manner and means identified by the Uni
States in their criminal conviction of Brown included the filing of falsely fabricated mortgage related
documents, such as deed assignments and alongees that contained forgeries, false signatures, and false claim
about the assignees and assignors through the U.S. mail and through wire transactions with county recorder
The United States also identified unnamed co-conspirators in their criminal conviction of Brown.
It appears that your Law Firm is committing the same crimes, using the same manner and means used by
Brown as identified by the United States in their criminal conviction of Brown. It appears that Codilis &Stawiarski, P.C. and the attorneys it employs are among the unnamed co-conspirators identified by the Unite
States in their criminal conviction of Brown.
Codilis & Stawiarski, P.C. has abused the courts and committed fraud upon the court by submitting falsely
fabricated deed assignments and alongees that contained forgeries, false signatures, and false claims attorne
employed by Codilis & Stawiarski knew or should have known were false and done with intent to deprive us
our property and to deprive us of our constitutional right to due process and equal protection of law.
Codilis & Stawiarski, P.C. sent us a Notice of Acceleration and Notice of Posting and Foreclosure dated Augus
11, 2014 that also included a Notice of Trustee Sale scheduled at 10:00 AM on September 2, 2014.
Codilis & Stawiarski, P.C. and its attorneys are hereby warned that if this sale takes place they will be
participating in a crime. We will do everything in our power to make sure each one of the attorneys named i
this letter are criminally prosecuted to the fullest extent of the law, and they each of you is disbarred for
knowingly participating in your clientscriminal conspiracy to defraud and to launder money obtained throu
fraudulent foreclosures to overseas accounts using fed-wire transactions.
Codilis & Stawiarski, P.C. is hereby warned that their client Dovenmuehle Mortgage Inc. has engaged in crim
activities that include but are not limited to illegally using caller ID spoofing in violation of the Truth in Calle
ID Act. Charles King, an attorney employed by Dovenmuehle phoned the Tennessee State Bank and used cal
ID spoofing so that the recipient of the call saw U.S. Government on the phones caller ID. He further
misrepresented himself as a government employee with the Mortgage Relief Aid(no such government age
exists). Charles Kings intent could only have been to deceive. The phone call was specific to a fed-wire
transaction. Further investigation uncovered that Dovenmuehle was a domestic go-betweenfor an
undisclosed overseas beneficiary to the account. MGC had instructed homeowners to use this fed-wire accou
to pay-off their loans or cure purported defaults.
Your client Dovenmuehle Mortgage Inc. has also falsely reported to the IRS that they forgaveportions of
consumer loans, when they had not done so. As a result the IRS expected the borrowers to pay taxes of the
forgivenamounts. 1098 forms sent to borrowers by MGC report Dovenmuehle as a sub-servicer for MGC a
the EIN numbers reported on these IRS 1098 forms belong to a Dovenmuehle employee retirement fund.
These actions by your client are indicative of crimes specific to tax evasion, money laundering, wire fraud an
mail fraud.
Many victims of your clients crimes have come forward and have reported to and are working with the IRS a
the FBI specific to such activities by Dovenmuehle and its employees.
Furthermore your clients client, LNV Corporation is conspiring with Dovenmuehle and other enterprise
entities owned by Daniel Andrew Beal and other affiliates of Beals enterprise to commit such crimes. Iincluded in my first pro-se pleading a letter written by one of the other victims of the crimes of Dovenmuehl
MGC and LNV. Her letter was to the Illinois Attorney Registration & Disciplinary Commission specific to the
illegal and fraudulent activities of a Dovenmuehle attorney, Charles King. (Other victims also wrote complai
letters to this commission, as well as, other government authorities about the illegal activities of attorney
Charles King.)
Within six hours of the filing of my pleading in the 134thDallas District Court a Lincoln Town Car Signature
Limited with a custom roof was seen and photographed outside the home of the victim who wrote that
complaint letter.
The next day the owner of a vehicle that had been parked in this victims driveway on that day received a voi
mail message where the caller misrepresented himself as an employee of an insurance company and falsely
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claimed the vehicle had been in an accident. The caller asked the vehiclesregistered owner to phone a Texa
number to answer questions.
A trace of the phone number showed it to be associated with a private investigation company located near
Plano Texas. The phone number trace also showed it associated with Rafael Castaneda, an employee of Beal
Service Corporation. The only way that this Texas private investigation company and Beal Service Corporati
owned by D. Andrew Beal, could have located the owner of this vehicle was to do an illegal DMV search on th
vehicles license plate number. The only way they would have had the license plate number of this vehicle is
because the party driving the Lincoln Town Car photographed at the victims home the day before reportedthat number back to Beal.
These are not the activities of a legitimate business operation.
Texas Disciplinary Rules of Professional Conduct specifically forbid attorneys from counseling a client to
engage in conduct that the lawyer knows is criminal or fraudulent that attorneys must dissuade the client
from committing the crime or fraud. Attorneys are instructed that when their client has committed a
criminal or fraudulent act in the commission of which the lawyer's services have been used, the lawyer shall
make reasonable efforts under the circumstances to persuade the client to take corrective action.And that a
attorney should rectify the consequences of a client's criminal or fraudulent act in the commission of which
the lawyer's services had been used.
Texas Disciplinary Rules of Professional Conduct state: The fact that a client uses advice in a course of actio
that is criminal or fraudulent does not, of itself, make a lawyer a party to the course of action. However, a
lawyer may not knowingly assist a client in criminal or fraudulent conduct.
This letter has been written to inform you that your client and their client are engaging in fraud and other
criminal activities. They have been using your services to further their criminal and fraudulent acts. Now th
you are informed of this fact, if you move forward with a fraudulent sale of our property in behalf of your cli
then you will be doing so with full knowledge of their crimes and therefore will be doing so in collusion with
them in the commission of such crimes.
We demand that Codilis & Stawiarski, P.C. immediately advice their client, as required by the Texas Disciplin
Rules of Professional Conduct, to cancel the trustee sale on our property. We require that within 24 hours o
the receipt of this letter that Codilis & Stawiarski, P.C. provide us with proof that the sale has been canceled.
If Codilis & Stawiarski, P.C. fails to do so we will take every action possible to make sure each one of theattorneys named are held criminally responsible.
We will additionally hold Codilis & Stawiarski, P.C. and each of you individually liable for any financial dama
and personal injury and other damages that we suffer as a result of your clients criminal and your own
violations of you professional code of conduct as well as violations of law.
Sincerely,
JoAnn Breitling
1704 Cornwall Lane
Sachse, Texas 75048