Justice For Mr. Wiggins - 96 Yr Old WWII Vet
To all that are interested and this concerns,
I am Clarence “Clay” Owens, founder of Justice & Truth Advocates, LLC (JTA), an organization founded to support homeowners and attorneys with an array of services addressing the well documented illegal practices by mortgage servicers (debt collectors) and their foreclosure counsel (debt collectors) for which nearly 6 million homes have been lost to foreclosure since the year of 2008, and millions more are in jeopardy to losing their homes, including 96 year old, WWII Veteran, Agrippa M. Wiggins of Hainesport, New Jersey.
I was blessed when I met Mr. Wiggins on May 13, 2015 upon a favor asked of me by a local senior citizen organization that requested I take a look into the underlying matters surrounding Mr. Wiggins’ foreclosure sought by PHH Mortgage Corporation (hereby “PHH”) of Mt. Laurel, NJ. Facing a Sheriff Sale by the Burlington County Sheriff’s Office on May 14, 2015, and at no charge to Mr. Wiggins, I performed a title search for his property, and uncovered that there were no “assignments” of the mortgage which PHH was claiming to have possession of for the county clerk’s records then, and still to present date, declare that Mortgage Electronic Registration Systems, Inc. (hereby “MERS”) as nominee for MetLife Bank, N.A. was the owner in possession of the original refinance mortgage executed by Mr. Wiggins, and his late wife Reversa Wiggins on November 30, 2007.
On May 13, 2015, the trial court granted Mr. Wiggins an order temporarily staying the pending Sheriff Sale, allowing him to be heard on his motion to vacate the order granting final judgment to PHH on July 24, 2014, and dismissal of the underlying foreclosure complaint commenced October 2, 2013.
Eventually, on July 24, 2015, the trial court denied Mr. Wiggins’ motion to vacate the order granting final judgment and dismissal of the foreclosure complaint declaring that he failed to present any valid defenses to why relief should be granted.
On January 28, 2016, a Sheriff Sale was eventually commenced by the Burlington County Sheriff’s Office, followed shortly by a Sheriff’s Deed from PHH to Fannie Mae in March of 2016.
Also in March of 2016, Mr. Wiggins filed his final motion to vacate the trial court’s order denying him relief, and he also sought to vacate the Sheriff Sale to PHH. As briefly set forth Mr. Wiggins’ first motion filed with the trial court on May 13, 2015, along with the latter motion filed in March of 2016 which is more encompassing and detailed than the former, Mr. Wiggins’ and his late wife are victims of financial crime at the hands of PHH, Fannie Mae, and Fein Such Kahn & Shepard because:
- On November 30, 2007, PHH steered Mr. Wiggins (then 87 years of age) from using his veterans benefits to secure a fixed rate refinance mortgage, and fraudulently induced he and his late wife into executing a predatory, sub-prime transaction in violation of the Home Ownership Equity Protection Act, the New Jersey Home Ownership Security Act, and possibly the Fair Housing Act, and the Equal Credit Opportunity Act;
- PHH deceived the Wiggins into executing a paper “mortgage” transaction misrepresenting MetLife as the “lender” knowing that PHH used its MERSCORP membership to facilitate the preparation and origination of the high cost transaction;
- Throughout the year of 2010, in which Reversa Wiggins died in October of 2010, the Wiggins begged PHH for a modification of the high-cost transaction originated by PHH on November 30, 2007 because their fixed income and burgeoning medical expenses to the failing health of Reversa Wiggins, made making payments extremely difficult;
- On October 2, 2013, PHH and Fein Such Kahn & Shepard filed an illegal foreclosure complaint in the Superior Court of New Jersey citing an assignment of mortgage to PHH from MERS as nominee for MetLife on April 23, 2012 that was recorded then, and has yet to be recorded to present date;
- In December of 2013, the New Jersey Attorney General’s Office entered into a consent order with PHH citing violation of the New Jersey Consumer Fraud Act (NJCFA) for unlawful and deceptive practices including, but not limited to, modifications, and dual tracking (initiating foreclosures while homeowners were engaged in modifications) (See http://nj.gov/oag/newsreleases13/PHH-Mortgage-Corporation.pdf);
- On July 24, 2014, PHH and Fein Such Kahn & Shepard filed for entry of final judgment, and included in support an alleged true copy of the original paper promissory note displaying two undated stamps asserted to be indorsements, one alleging that PHH as the agent for MetLife indorsed the note payable to the order of PHH without presenting a power of attorney, and the last alleging that PHH indorsed a/k/a transferred the note to another party in blank meaning they were not in possession of the debt;
- On October 13, 2015, before the January 28, 2016 Sheriff Sale executed by the Burlington County Sheriff’s Office in favor of PHH, the MERS® Servicer ID forwarded a confirmation to Mr. Wiggins declaring that PHH was only the mortgage servicer for the high-cost “mortgage transaction” for which they sought to foreclose, and Fannie Mae (not PHH) was the investor claiming ownership;
- The unrecorded instrument presented to the trial court by PHH and Fein Such Kahn & Shepard as of June 1, 2015 as an alleged “assignment of mortgage” declaring that MERS as nominee for MetLife transferred the high-cost “paper note” and “mortgage” signed by the Wiggins on November 30, 2007 to PHH on April 23, 2012 for $1.00 is falsely uttered, and void ab initio because;
- MERS as an alleged nominee for “mortgage loans” has no economical and or beneficial interest in “mortgage loans” and lacks authority to assign the assets of another without authority granted by the alleged principal (MetLife); See Bank of New York v. Raftogianis, 418 N.J. Super. 323, 332 (Ch. Div. 2010); See also Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, from the Kansas Supreme Court; See also Mortgage Electronic Registration Systems. Inc. v. Southwest Homes of Arkansas, 2009 WL 723182 from the Supreme Court of Arkansas; See also Saxon Mortgage Services, Inc. v. Hillery, 2008 WL 5170180 (N.D.Cal. 2008) from the United States District Court for the Northern District of California; See also DiLibero v. Mortgage Electronic Registration Systems, Inc. et al., No. 2013-190- Appeal (PC 11-4645) from the Supreme Court of Rhode Island; See also In re: Doble, v. Deutsche Bank Nat'l Trust Company, as trustee, et al. (Bankruptcy No: 10-11296-MM13, AP: 10-90308-MM) from the United States Bankruptcy Court Southern District of California; See also Bank of N.Y. v Silverberg 2011 NY Slip Op 05002 [86 AD3d 274]; See also Aurora Loan Servs., LLC v Weisblum, A D3d, 2011 NY Slip Op 04184, *6-7 [2d Dept 2011]; HSBC Bank USA v Squitieri, 29 Misc 3d 1225[A], 2010 NY Slip Op 52000[U]; LNV Corp. v Madison Real Estate, LLC, 2010 NY Slip Op 33376[U]; LPP Mtge. Ltd. v Sabine Props., LLC, 2010 NY Slip Op 32367[U]; Bank of NY v Mulligan, 28 Misc 3d 1226[A], 2010 NY Slip Op 51509[U]; and
- MERS has no employees as confessed by William Hultman, as an officer of MERSCORP, during his deposition taken on April 7, 2010 in Bank of New York as trustee vs. Victor Ukpe, et al. (Superior Court of New Jersey, Docket No. F-10209-08), and the names of the individuals asserting to be otherwise were employees of Fein Such Kahn & Shepard as of April 22, 2013;
On September 1, 2016, Mr. Wiggins was able to file an Appeal Brief with the Appellate
Division for the Superior Court of New Jersey but that alone will not stop the pending Sheriff Eviction set for September 13, 2016. See Attachment.
On September 8, 2016, Mr. Wiggins will be heard by the Burlington County Chancery
Division on his emergent application to stay the Sheriff Eviction for which we are anticipating will be denied despite the aforementioned reasons of fact and law that were presented in the past and presented again in an attempt to stop an irreparable harm to a 96 Year Old WWII Veteran who is now crippled, bound to a wheelchair, and facing an illegal eviction. See attachment.
I am not a lawyer, and not once have I given Mr. Wiggins legal advice for doing so against the law. Mr. Wiggins as a laymen was able to comprehend for himself that PHH took advantage of him from the onset, PHH had no standing to sue, and PHH resorted to fraud upon the court. Nevertheless, I am a human being who, for the last four years of my life, has personally witnessed hundreds of Americans being victimized in their own homes at the hands of unscrupulous debt collectors who have resorted to perjury, counterfeiting, forgery, and crime for which our government, state and federal, know about and are doing nothing about. The story of Mr. Wiggins has truly revealed to me and others that the concepts of justice, truth, and equality are concepts that are truly unfulfilled, and our court system is truly compromised where judges are nothing more than state sponsored debt collectors, an extension of the private debt collectors who have resorted to perjury, counterfeiting, forgery, and crime.
The case of Mr. Wiggins, a 96 Year Old, WWII Veteran, wounded while servicing our country, shows that our elected and tax payer funded leaders care not about the sacrifice of our service members, and therefore, care not about the everyday civilian who like Mr. Wiggins, has experienced deprivation of due process and equal protection by the courts, none action by the executive branches of our government, and are truly left to the slaughter of financial terrorist whose crimes go unchecked.
Please sign this petition to let PHH, Fannie Mae, Fein Such Kahn & Shepard, the Burlington County Sheriff's Office, and the Superior Court of New Jersey know that what they are doing to Mr. Agrippa M. Wiggins is unacceptable and must be stopped!