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Case 3:14-cv-03322-M-BN Document 33 Filed 10/25/14

Samuel G. Breitling and JoAnn Breitling


Plaintiffs,

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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 & Stawiarskis 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 against
Codilis & 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. They
proceeded 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 LNVs
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 LNVs petition prepared by Codilis & Stawiarski consisted of seven copies of a letter
dated 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
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crimes of Lorraine Brown; and we are victims of the crimes of Lorriane Brown and her coconspirators. 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 the
United 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 Beals 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 four
very 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 and
disturbing communication so far. Mr. Cabrera asked if I had considered his clients 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 Abbotts office. He discovered
that Attorney General Greg Abbotts office received numerous complaints about Beals MGC
Mortgage Inc. from consumers. They all complained about the same things weve complained about
since 2009. Many of these consumers complained about MGC intentionally putting them into
defaults 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 Abbotts
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 dont 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

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Will the real K.C. Wilson standup


Clearly at least two individuals were making signatures as K.C. Wilson. This is forgery made
with intent to deceive and to cause harm by depriving us and others of our property.

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JoAnn & Samuel G. Breitling


1704 Cornwall Lane
Sachse, TX 75048
February 3, 2014
Melissa McLain
Codilis & Stawiarski
650 N Sam Houston Parkway East, Suite 450
Houston, 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 named
Dovenmuehle 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. Ive 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 knowledge
no 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

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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 fraudulent
pretenses, 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 coconspirators 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 misrepresentations
about 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 LNVs 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 Morriss 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 Cammys 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 the
Federal Court where they knew shed 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.

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LPS Service Provider Shapiro & Kirsh is represents LNV Corporation


in a fraudulent breach of contract claim against Catherine
Gebhardt in the U.S. District Court Eastern District of Tennessee at
Knoxville; Case# 3:12-CV-468-TAV-HBG.
Attorneys Ron Steen and Kevin Hartley submitted to this Federal
District Court forged notes, deed assignments and other mortgage
records that contain forgeries, false signatures and intentional
misrepresentations about the grantees/assignees and
grantors/assignors with intent to deceive the court. This is
consistent with the crimes of Brown and with the activities of the
other LPS Service Providers who conspire with the Beal sham
companies and with each other.
These attorneys and LNV along with Federal Judges Thomas A.
Varlan and H. Bruce Guyton have conspired to deprive Gebhardt of
her constitutional right to due process and equal protection of law.
They granted LNV a summary judgment against the preponderance
of the evidence, against the rule of law, and in opposition to the
principles and rules established in previous legal cases.
As with the Breitling and Depew cases these LPS Service Providers
and the sham Beal companies have abused the courts by making a
mockery of our judicial system. Evidence in the Gebhardt case
suggests attorneys paid by Gebhardt to represent her were bribed
by the Beal conspirers to instead throw their cases to favor Beals
companies; and they barred Gebhardts due process by using this
intentionally flawed earlier litigation where she had been the
plaintiff against her in the current litigation they brought as against
her.

LPS Service Provider Northwest Trustee Services with LPS


Service Provider RCO Legal P.S. (both owned by attorney
Stephen Routh) represented MGC Mortgage Inc (mortgage
service provider for LNV Corporation) in a fraudulent foreclosure
attempt against the Denise Subramaniam in Oregon.
See next page

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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# 3:12CV-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.

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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
states 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.

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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 Beals sham
companies have demonstrated a pattern of fraud upon
the 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.