why i think andy beal is a bully by joann breitling

8/10/2019 Why I Think Andy Beal is a Bully by JoAnn Breitling

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Samuel G. Breitling and JoAnn Breitling

Plaintiffs,

Civil Action No 3:14-cv-3322-M

vs.

LNV Corporation, ET AL.,

Defendants

To the Honorable Judge Barbara Lynn:

Here come plaintiffs, Samuel G. and JoAnn Breitling, pro se, to ask a question of your honorable

judge, as we were instructed to do by a clerk at the help desk. Defendant Codilis & Stawiarski made

a statement in the joint status report on October 21, 2014.

Codilis & Stawiarski’s deadline for making an appearance in this case expired at midnight on

October 20, 2014. They were properly served the citation on September 30, 2014. They failed to

make an appearance in a timely manner.

We would like to ask Your Honor for permission to motion the court for a default judgment againstCodilis & Stawiarski. While a default judgment is prohibited in a “quiet title” lawsuit, and although

we mentioned quiet title as a remedy in our original petition Defendant Codilis & Stawiarski is not a

party that would be involved with a quiet remedy.

In the joint status report, Codilis & Stawiarski claim they were just “doing their job” and could not

have known if fraud occurred. That statement is untrue and they know it is untrue. We informed

them by letter in January, February and in April 2014 that the debt they were attempting to enforce

was not valid; that we had a 40 month history as a plaintiff against Defendant MGC; that a break in

the chain of title existed and that the assignments and allonges supplied to the court by MGC and

LNV in this earlier litigation were false and were fraudulently fabricated.

Codilis & Stawiarski chose to violate the FDCPA and not investigate the validity of the debt. Theyproceeded to file a fraudulent “in rem” foreclosure petition in the 134th District Court. Codilis &

Stawiarski intentionally prepared this petition and falsely structured it as an “in rem” action more

typically used when property is vacant and the owner is unknown. See the highlighted sections of

their “in rem” petition attached to this letter. In the interest of brevity we have attached only LNV’s

original “in rem” foreclosure petition and two of the deed assignments they refer to in the petition

as Exhibits F and G. (Note that on the first deed assignment marked as Exhibit F the property

address is not ours.) We have highlighted and commented areas that show intentional

misrepresentations. The petition with all its exhibits (108 pages) can be downloaded from the

Dallas County Courts website.

Exhibit H of LNV’s petition prepared by Codilis & Stawiarski consisted of seven copies of a letterdated March 14, 2014. They intentionally omit information about earlier letters between us. I have

attached them to this letter as they clearly demonstrate Codilis & Stawiarski knew we disputed the

validity of the debt and that we claimed their client committed fraud. Codilis & Stawiarski omitted

our responses with intent to defraud the court. Their final letter to us (also attached) validates

their receipt of our letters to them.

They opted to structure a non-judicial “in rem” foreclosure action with intent to defraud the court

and push through a sale of our property without due process. Codilis & Stawiarski were and are

actively involved in a conspiracy to defraud the courts. They are in fact co-conspirators in the

Case 3:14-cv-03322-M-BN Document 33 Filed 10/25/14 Page 1 of 32 PageID 378



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crimes of Lorraine Brown; and we are victims of the crimes of Lorriane Brown and her co-

conspirators. Codilis & Stawiarski and Defendant DMI are LPS Service providers. They use the LPS

Desktop software system to produce the fraudulent mortgage related documents they submitted to

this court and to the State court. They intentionally fabricate such documents knowing they are

false with intent to deprive us and other homeowners of our property. (See our motion for judicial

notice of the information specific to the indictment and conviction of Lorraine Brown in favor of theUnited Stated; and the attached list of LPS service providers with comments about some other

victims of Beal and the LPS attorneys he hires.)

We have also attached to this letter no less than four purported allonges to the Note submitted by

MGC, LNV, Codilis & Stawiarski and other attorneys employed by Beal’s corporations. In Estrada v

River Oaks, Justice Coulson of the Court of Civil Appeals of Texas relied on these words: "[A]

purported indorsement on a mortgage or other separate paper pinned or clipped to an instrument is

not sufficient for negotiation. The indorsement must be on the instrument itself or on a paper intended

for the purpose which is so firmly affixed to the instrument as to become an extension or part of it.

Such a paper is called an allonge."

None of these four purported allonges where affixed to the instrument (Note). The existence of fourvery different allonges with different variations of signatures for the purported signers, K.C. Wilson

and Christopher Corcoran, indicate that these instruments are false fabrications that have been

forged with intent to deceive and thereby to harm us by depriving us of our property; by causing us

great mental and emotional distress extending over many years and causing or contributing to

major health problems as a result; by causing us to pay attorney fees; by damaging our good

reputation and our credit and by causing us other harm.

On August 29, 2014, pursuant to Texas rules of civil procedure 736.11 we filed a separate

independent suit that puts at issue matters related to the origination, servicing or enforcement of

the loan agreement, contract or lien sought to be foreclosed prior to 5:00 p.m. on the Monday before

the scheduled foreclosure sale (scheduled for Tuesday September 2, 2014). Also pursuant to Texas

rules of civil procedure 736.11 we notified all these Defendants about this independent suit and the

automatic stay in place pursuant to Texas rules of civil procedure 736.11. We did so by fax, email

and through numerous phone calls made to Jeffrey B. Hardaway counsel on record for LNV and

DMI; to other attorneys at Codilis & Stawiarski, to attorneys and executive officers of DMI, and to

several executive officers of MGC, LNV and the parent corporations for MGC and LNV, Beal Financial

Services and Beal Bank , all owned by Daniel Andrew “Andy” Beal.

Codilis & Stawiarski had every opportunity to stop the wrongful and illegal sale of our home; they

instead chose to violate the law and illegally sale our home on the 29th day after their clients

Defendants DMI and LNV were awarded a summary judgment by Defendant Tillery, who violated

our Constitutional rights to due process in granting such summary judgment.

As attorneys and officers of the court they have a fiduciary duty to the public to abide by a code of

professional conduct and to not participate in or otherwise further the commission of fraud by their

clients. As attorneys, there is no excuse for them to miss the federal deadline for making an

appearance. They certainly did everything possible to prevent us from having an opportunity for

due process before being deprived of our property; so they should not be afforded any leeway in

this Honorable Court. Codilis & Stawiarski along with other LPS affiliated attorneys hired by the

Beal corporations to initiate similar fraudulent foreclosures against other victims have

demonstrated a pattern of abuse of judicial process, fraud upon the court and conspiracy to defraud

extending over many years.




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Therefore we respectfully seek permission to motion the Court for a default judgment against

Defendant Codilis & Stawiarski.

We also think it is important to inform Your Honor that the counsel now representing LNV, MGC

and DMI, Marc Cabrera, of Locke Lord has on several occasions attempted to exploit our status as

pro se litigants. The phone call I received from him on Thursday October 23, 2014 with another

Locke Lord attorney named Jason Sanders on the line was by far the most unprofessional anddisturbing communication so far. Mr. Cabrera asked if I had considered his client’s offer made on

October 3rd. When I told him knew nothing about an offer and had not received any communication

from his client he claimed the offer “was made to your reporter, Brett Shipp." I told him I would not

consider anything said to a third party as a legitimate offer.

Brett Shipp is an investigative reporter with WFFA TV and he has been investigating our

foreclosure along with foreclosure actions brought by the Beal corporations against many other

victims. We told Mr. Shipp we had written complaint letters to Greg Abbott’s office. He discovered

that Attorney General Greg Abbott’s office received numerous complaints about Beal’s MGC

Mortgage Inc. from consumers. They all complained about the same things we’ve complained about

since 2009. Many of these consumers complained about MGC intentionally putting them intodefaults when they had not defaulted on their own. Greg Abbott did nothing to help these

consumers. Both Mr. Beal and Locke Lord have made significant contributions to Greg Abbott’s

political campaigns.

On September 2, 2014, our daughter, Annie Breitling, attended the foreclosure sale of our home

with Brett Shipp and a film crew from WFFA. Annie presented the trustee with our Lis Pendens

properly filed with Dallas County and a copy of our original petition, and she informed her of the

automatic stay pursuant to Texas rules of civil procedure 736.11. The trustee immediately said

"This house is for sale!" while my daughter protested. This was all caught on film. Immediately

after Andy Beal (LNV) purchased the house from himself the trustee said she needed to take a

break; she turned around and made a phone call. Our home was the first one sold that day.

Mr. Shipp is certainly not “our reporter” as Mr. Cabrera referred to him. Mr. Cabrera told us that Mr.

Beal told Mr. Shipp that we needed to think about buying our house back from him or they would

start an eviction. I don’t think any intelligent person would consider this an offer. It could,

however, be considered an extortion threat.

Sincerely

JoAnn Breitling

1704 Cornwall Lane

Sachse, Texas 75048

214-674-6572




Case 3:14-cv-03322-M-BN Document 33 Filed 10/25/14 of 32 PageID 381



JoAnn & Samuel G. Breitling

1704 Cornwall Lane

Sachse, TX 75048

February 3, 2014

Melissa McLain

Codilis & Stawiarski

650 N Sam Houston Parkway East, Suite 450Houston, TX 77060

Re: Debt Dispute and Validation Demand

Dear Ms. McLain,

I am sending this letter as per the FDCPA, (15 U.S.C. §1692 et seq.) in response to a written

debt collection notice dated January 14, 2014 I received by regular mail at my home address from

your law firm.

My husband Samuel G Breitling and I vehemently dispute the validity of this alleged debt in its

entirety. We have never received any communication by mail or by phone from a company namedDovenmuehle Mortgage Inc. Nor have we ever received any communication by mail or by phone from

a company named LNV Corporation in Lake Zurich, IL.

We have never done business with either of these companies. We have never entered into any

contract, mortgage or otherwise, with either of these companies. I’ve enclosed the debt demand letter

sent by your law firm. In this letter you reference “case number 44-14-0070” the letter also states:

“Foreclosure has been instituted or will be instituted as soon as possible.”

We have never received any notice of default on any loan from either of the above named

companies. Neither of these companies has any legal right to foreclose on our property and if a

foreclosure action has been initiated against us we have never received a summons of such. Your

letter references a case number as if there is an active legal action against us; when to our knowledgeno legal action has been initiated against us. This is misleading; and in violation of the FDCPA.

We request your client(s) provide validation of their debt claim in the form of contract

documents with our autographs. Your letter states that if we request “the name of the original

creditor, if different from the current one” then you will furnish this information. This language seems

to imply that some prior third parties may be involved in this false debt claim, so we most certainly do

request such information if it exists. We hereby request validation of any and all parties claiming to be

or to have been creditors involved in this alleged debt and any and all documents they have to

substantiate their claims of debt.

All Rights Reserved, without prejudice (UCC 1-308)

Sent Via Certified Mail, Regular Mail, and Facsimile




http://interchange.lendingsvcs.com/providers.html

Lender Processing Services (LPS) was identified by the United States in

their indictment and conviction of Lorraine Brown as a corporate

vehicle for the execution of a scheme and artifice to defraud and to

obtain money and property by means of material false and fraudulentpretenses, representations, and promises, by utilizing the United States

mail and private and commercial interstate carriers, for the purpose of

executing such scheme and artifice in violation of Title 18, United

States Code Section 1341. The United States identified unnamed co-

conspirators who “did willfully combine, conspire, confederate and

agree” with Brown and others to commit said offenses.

LPS Service Provider Codilis & Stawiarski represented LNV Corporation

in a fraudulent foreclosure against the Breitlings. Attorney Jeffrey

Hardaway employed by Codilis & Stawiarski knowingly submitted to

the Dallas County Texas 134th District Court deed assignments that

contain forgeries, false signatures and intentional misrepresentationsabout the assignees and assignors consistent with the crimes of Brown

and her co-conspirators with intent to deceive the court and

wrongfully and unconstitutionally deprive the Breitlings of their

property.

These LPS Service Providers in collusion with the sham shell

corporations created by Daniel Andrew “Andy” Beal conspired to abuse

the Texas courts by bringing litigation against the Breitlings in a

different district court when they knew a Judge of the 116th Dallas

District Court already made a ruling of fact and conclusions of law

unfavorable to LNV’s standing to foreclose.

LPS Service Provider Dean Morris, LLP represented LNV Corporation in a

fraudulent foreclosure against pro-se litigant Cammy Depew in the 23rd

Judicial District Court Parish of Ascension State of Louisiana, Case#

97357.

Dean Morris’s attorney fraudulently added “with prejudice” to a judicial

order then intentionally violated LA. District Court Rule 9.5 (b) to rush

the fraudulent sale of Cammy’s home to LNV before Cammy could have

the order corrected. These LPS Service Providers, in collusion with the

Beal sham companies, conspired to abuse the courts in a similar

manner as they have in the Breitling case. Once Cammy succeeded to

correct the false order in State Court, they moved her petition to theFederal Court where they knew she’d be disadvantaged; and where she

was in fact unable to learn Federal Rules fast enough to respond and

was deprived of her property without due process.

Dean Morris, LLP, like the other LPS Service Providers submitted deed

assignments and other mortgage records that contain forgeries, false

signatures and intentional misrepresentations about the assignees and

assignors with intent to deceive the courts.







LPS Service Provider RCO Legal P.S. with LPS Service Provider

Northwest Trustee Services (both owned by attorney Stephen

Routh) represented MGC Mortgage Inc (service provider for LNV

Corporation) in a fraudulent foreclosure attempt against

Denise Subramaniam in Oregon. (Subramaniam v. Beal et al, U.S.

District Court District of Oregon Portland Division, Case# 3:12-

CV-1681)

Northwest Trustee Services and RCO submitted deed

assignments that contain forgeries, false signatures and

intentional misrepresentations about the grantees/assignees

and grantors/assignors with intent to deceive the court.

A Washington State judge recently ruled that Northwest Trustee

Services has conspired to commit fraud.




Several MGC, LNV, Beal victims were directed to send

payments c/o LPS Service Provider 4S Technologies, LLC at 200

Sheffield St, Mountainside, NJ 07092.

Depositions of employees of LPS Service Provider Northwest

Trustee Services show that they use the “LPS Desktop”

software to produce the mortgage related records they then

file by wire and by U.S. mail to county recorders.

LPS Service Providers Prommis Solutions, LLC and Quality Loan

Servicing were used in earlier fraudulent foreclosure attempts

against Denise Subramaniam and Robyanne Fauley also in

Oregon; and they perfected a fraudulent foreclosure in behalf

of LNV and anther Beal company CMLG Corporation against

Tuli Molina in Arizona.

LPS Service Provider Quality Loan Service Corp. has been

banned from operating in the State of Washington by that

state’s Attorney General as they did not actually exist at their

advertised Washington address.

The victims of the crimes of Lorraine Brown

and her co-conspirators, including the Beal

corporations, number far more that the few

individuals named is document.




LPS Service Provider Dovenmuehle Mortgage Inc. with one

of their many EIN numbers typically appears on 1098

forms for MGC consumers even when homeowners have

never made payments to them. Foreclosures made in

behalf of Daniel Andrew “Andy” Beal through his

companies MGC, LNV, LPP, Property Acceptance Corp. and

many other sham Beal companies are typically initiated

and carried out by the LPS Service Provider, Dovenmuehle.

These LPS Service Providers along with Beal’s sham

companies have demonstrated a pattern of fraud uponthe court and abuse of the courts that causes harm to all

Americans and deprives us all of our rights to due process

and equal protection of law under the Fifth and

Fourteenth Amendments to the Constitution of the United

States of America.


why i think andy beal is a bully by joann breitling

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