November 21, 2021

 

FRAUDULENT INDUCEMENT IS THE FOUNDATION OF THE SCHEME 

PERPETRATED UPON THE FAMILY OF TOM KIBLER, 

WHO NONETHELESS REMAINS IN LAWFUL POSSESSION 

OF HIS HOME OF OVER 25 YEARS

 

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I, Tom Kibler, bought this home in 1996, and raised my family here.

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On 9/25/2008 the FDIC shut down WaMu (parent,) and became receiver for WaMu bank.

In 10/2008 servicer JPM Chase falsely claimed to be my new “lender”, via the FDIC.

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After always paying them as agreed, for a year, as I had always for a dozen years previously, I was duped by Alan Gessinger and Jose Salas in 10/2009 to withhold payments beginning 11/1 for 90 days in order to qualify for a lower rate.

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(I have always been an athlete, and always been active.  In 2002 my right hip “popped” while I was working out on an elliptical machine, I actually felt the ball leave the socket, then pop back in.  X-rays revealed substantial arthritic deterioration.  Years of pounding out many miles on asphalt and concrete, with the frame of a linebacker or lineman rather than a distance runner, combined with other stresses and strains, had done a number on my hips.  

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My doc at health partners insisted I was too young for surgeries, and just recommended horse pills for pain. Not a big pharma fan, I just toughed it out, becoming progressively more crippled, needing a cane etc. until eventually getting the needed surgeries in 2011, my surgeon said after doing some 3500 sets of hips, he’d never seen any worse than mine.  

 

Anyway, in January of 2010 I was notified Chase intended to foreclose.

A bit “unhappy” at this development, I contacted Chase-and just got unanswered voicemail. 

Alan and Jose hid from me-so I contacted the FDIC-who, taken aback, admitted they did NOT convey my “mortgage” to Chase.

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I demanded proof of their assertion from Chase per UCC 3-501/MN 336.3-501, they would not/could not prove anything.

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The stress involved caused my ex, after 28 years together, to leave in June 2010.

I kept trying to find out what the hell had actually occurred, why Chase was behaving as they were, and why they were allowed to.  Filing complaints to and requesting assistance from Amy Klobuchar, Al Franken, Tim Pawlenty, Lori Swanson, Steve Simon,   m the OCC, SEC, FTC, FDIC and many more…went absolutely nowhere.

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In October 2012 Chase claimed to assign (nemo dat) via forgery - interest to Deutsche Bank National Trust Co (DBNTC) as (fake) trustee for Long Beach Mortgage Loan Trust 2005-WL2 (closed on 8/30/2005, terminated at the SEC on 1/6/2006)-see the 5/14/20, 9/3/20, 9/25/20 and 1/28/21 articles at bpinvestigative agency.com PROVING Chase acquired nada regarding  WaMu mortgages from the FDIC.

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Effective 5/2013 Chase “service transferred” their fraud/forgery to Select Portfolio Servicing (SPS) fka Fairbanks Capital.   Here-“service transferred” means they sold their unenforceable garbage forged file for pennies-see the mfi-miami article link.

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After fighting several non judicial foreclosure attempts over the years-I barely survived a near fatal stress induced aortic dissection on 3/16/2017, and two emergency surgeries that left me permanently disabled.

After postponing more attempts, on 2/12/2018 I received notice from SPS that they had rescinded their most recent postponement agreement to 3/27/2018 and a sale was scheduled for 10AM the next morning (2/13).

 

Ombudsman personnel at SPS told me a “business decision” had been made by the “executive committee”.

I filed a chapter 13 shell the next morning to halt the wrongful sale.

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The criminals filed a false Proof of Claim in the BK-and tried to lift the stay.

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The BK judge agreed to lift the stay, but required them to file judicially.

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Kevin Dobie/ FC Mill filed in the summer of 2019 for DBNTC as trustee, for Long Beach Mortgage Loan Trust 2005-WL2 by and through its servicer, SPS inc.

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Agents at DBNTC will not confirm being a party-thus it appears SPS or Kevin Dobie the foreclosure mill weasel were without portfolio  (no real client) filing their own fake case. 

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Judge did not make them prove agency/authority.

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I had tracked down Brandon Johnson-the fake robo signer of the 10/2/2012 fake assignment-and got an affidavit admitting he was just a temp clerk-with no authority.

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Judge ignored a motion to dismiss for lack of standing, ignored my proof of forgery/fraud,  denied inspection of the new, crisp, counterfeit note brought to court (with a fake indorsement), with no competent witness and many material fact disputes,  granted a VOID summary judgment.

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A year later, another judge denied a motion to vacate(3/21) the void judgment for lack of standing, and for fraud, claiming falsely that lack of standing and fraud had been “substantially considered and addressed” by judge number 1.

 

Only in a world where “ignored and allowed” have the same meaning as “considered and addressed.”

I filed a police report for forgery (2018-19) ignored by the sheriff, the county attorney, the AG, the governor, senators, congresswoman.

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In sum-we have a foreclosure mill pettifogger shyster who has never proven any agency, claiming to represent a serial criminal, unlicensed third party debt collector, a “rent a name” fake trustee, and a  non existent REMIC trust, none of whom have ever acquired any interest (requisite under MN 336.9-203) for value…None of whom I have any contract with, or debt or obligation to…in a 100% for pure profit home theft scheme… years past the statute of limitations (MN 336.3-118) expiration for even a legitimate collection, and the authorities (who work for we, the people) turn a blind eye.

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Who all gets a piece of the pie in a successful theft?  

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Is that the explanation for why nobody does anything?

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And-from a law perspective-and age old “maxim” says no cause of action may arise from fraud…and another, “Fraud vitiates all” has become well known in many landmark cases like U.S. v. Throckmorton.

Vitiates means to destroy the legal validity.

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When Alan and Jose set me up by fraudulent inducement-nobody should be allowed to profit from such fraud.