None of these positions have anything to do with mortgage fraud. Both candidates are talking about predatory lending, which is what happens when a lender's agents take advantage of a borrower. Mortgage fraud is bank robbery without a gun. Go look it up in the Wikipedia:
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Mortgage fraud and predatory lending are analagous with one another. Predatory lending can lead to mortgage fraud based on misleading and/or false disclosures and misinformation by the broker or lender.

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It is called "predatory lending" when a consumer is ripped off. When a bank is ripped off, it's "mortgage fraud." This may not be the official stance, but given that complaints started years ago from consumers, and little or nothing was done, I think this is accurate. Consumers were told, "this is a civil matter--get a lawyer and sue." When banks and investors lost money law enforcement considered the same activities a crime. Even so, very few of the big companies have paid the price the smaller, less politically connected ones occasially pay, by going to prison. Big co's pay fines "without admitting wrong doing," as in six large home builders paying fines to HUD this year under just those circumstances.

Full Story on Fraud... "predatory lending" and plee for help!


“If I worked for TARBELL who owns MISSION HILLS MORTGAGE, and they and they lied to me and my client” What do you think, They will do to YOU?


To an Attorney that will help me, MY FORECLOSURE SALE DATE was WED. Aug. 13th, 2008 the beneficiary retained title from the foreclosure auction for approx.
$ 535K. We owed and had a (1st at $480K) and a (2nd line of credit or heloc for $121K) = $601K with the
Appraised value of 750k at the time.


________________________________________
I am a realtor that was with Tarbell Realtors of Palm Springs (“Tarbell”). I had a client Janet Rausch who [she] was an investor. JANET [, she] bought THIS PROPERTY [my home] with an agreement [separately] between us, WHEREBY I WAS OBTAINED A LEASEBACK [giving me a paid lease back] and an option to buy back the property [,]. JANET [She] bought the property with almost perfect credit a 718 [fico] FICO mid score[,]. I was to upgrade the house [, and look for other properties,] I had found [another great] WHICH WAS under market [buy, days later].

[Now, ]Tarbell owns ITS OWN lender, Mission Hills Mortgage (WHICH IS A BANK) (“MISSION”). [, and the rep] IN OCTOBER 2006, ITS REPRESENTATIVE, Dennis ________ (“DENNIS”), approached me SEEKING JANET AND MY [, wanted some] business [from me, since BECAUSE I was approaching Top Producer Status, and he could see I had been doing a lot of business, now this is October, 2006.] I told [the rep] DENNIS of my client Janet AND MY INTEREST AND THAT [but that] we were in escrow with [my home, she had just] THE PURCHASE OF THE PROPERTY THAT WE HAD JUST bought [, but I did just find another great buy]. Dennis [, the representative for Mission Hills Mortgage,] said [I have got] THAT MISSION HAD the perfect loan for [you,] US; I said that my client Janet AND I couldn’t afford it unless we could pull out [some or most of] the PROPERTY’S equity, which [would be] WAS over one hundred thousand dollars at the time. [This we] WE would use THESE PROCEEDS to do the remodel and AS A PAYMENT RESERVE FOR FUTURE MORTGAGE PAYMENTS UNTIL WE SOLD THE PROPERTY [pay the mortgage payments, plus she was already in escrow with my home.] DENNIS [He] said MISSION HAD no problem WITH THIS REQUEST, ESPECIALLY CONSIDERING THAT MISSION [he] had the perfect loan TO GO WITH JANET’S [and with her] perfect credit; HOWEVER, MISSION NEEDED TO DO THIS WITH JANET IN A TWO STEP PROCESS: FIRST, JANET WOULD COMPLETE THE ACQUISITION WITH THE PRESENT PURCHASE FINANCING THAT MISSION COULD PROVIDE; THEN [that] after escrow closed. MISSION [we] would be able to [do] PROVIDE JANET AND ME WITH ADDITIONAL FUNDS FROM THE BALANCE OF HE EQUITY IN THIS PROPERTY [that with this

Company], it was a hundred percent financing with a HELOCK for the second which this company, after escrow closed would raise the heloc line of credit up to the true appraised value and let us take out the equity on the line of credit side which was the 2nd loan of the 100 % financing.

Dennis also said as long as he was aware of the other loan it’s no problem, since we were not hiding the fact that there was another loan in escrow already ongoing for another property. He said both loan would be done simultaneously just about, and since it was different lenders, and that he was aware of it, that it wouldn’t effect the loan, and most likely both loans would close at roughly the same time, The first loan closed on (my house) to Janet mid November, which I secured a paid in advance 3 year lease for the time and materials for both remodels and other funds contributed by myself. Now the Mission Hills loan was taking more time on the 2nd property, Dennis seemed to be scrambling with it, but assured me everything was fine.
But the next day, which was a Friday, Dennis called and told me to make sure Janet would be accessible all day, I did, and she was, then, at the eleventh hour, he calls me at my office, and say’s, she needed to be at Escrow to sign the Loan Doc’s and she would just have enough time to sign them and for Escrow to get them recorded, and if they did not get recorded today, we would have to start the whole process over again, so tell Janet to go to Escrow she will have about five minutes to sign. I said ok, but is it the same loan? (as I knew he was scrambling the day before to get it through) because we can’t do it if we can’t pull out the money! He said yes everything is the same as I told you. You can pull out the equity out on the 2nd after escrow closes and have the heloc raised up to the true appraised value. I said, Ok, because she does not have that kind of money to support 2 loans, and both remodels unless she can. He said it was the same loan, and to just have her go down and sign.
She did sign in time, and whipped through the signatures as he told me to tell her to so it would get recorded that day, and I relayed the reason why it had to be done today, just as he had said to me, which was, that we would have to start the whole process over again if we did not get it recorded today. So, Dennis said, she didn’t need to spend anytime reading the Doc’s since, it was the same loan he promised, and told us that, she would be able to raise the heloc up and take the money out. , Janet got there with five min to spare, enough time to sign only, it recorded in time, and we thought everything was good.

(BUT, IT WAS NOT! IT WAS NOT THE SAME LOAN. OR THE SAME COMPANY AND IT GOT BUNDLED AND SOLD TO COUNTRYWIDE THE SAME DAY, WE FINALLY FOUND OUT, AFTER CALLING EVERY DAY, ABOUT A WEEK LATER.)

When I called for Dennis at Mission Hills Mortgage to find out who, I needed to call to start the ball rolling on raising the Heloc, getting the money out, this was the next Monday, following the close of escrow, I got the run around and told Dennis's father had just died, he was out for the week, so I called the manager of Mission Hills Mortgage Ron Barnhart, he said he doesn’t know anything about the loan as he does not see each and every one that cross’s his desk. I knew for a fact that Ron Barnhart the manager was helping Dennis to get the loan pushed through because of the time factor and Dennis had made the comment that he had everybody working on it including Ron, who I knew by name since he came to all our office meetings on Wednesday’s at my office at Tarbell. Remember this is a lender owned by the Tarbell’s of Tarbell Realtors, the company I work for. Finally got the loan number and company through their underwriter at Mission Hills, it was Countrywide, that was my 2nd red flag now, since he told us it was to be Quicken loans, which is one of the only companies that would let Janet, pull out equity by raising up He loc to the appraised value.
I called, Countrywide, they said; NO, they do not allow this to happen for at least a year. So I called and got a hold of Dennis, representative at Mission Hills Mortgage, but at his home he was upset and crying over father’s death, but said he wasn’t sure about the loan, at this point with what was going on with him, but he didn’t remember seeing anywhere that Countrywide would not be able to do the same thing on the heloc, I said YOU KNEW JANET, COULD NOT DO THIS LOAN UNLESS THEY WOULD LET HER PULL OUT THE EQUITY. Dennis say’s well I thought they would, and couldn’t find anywhere where it said that they wouldn’t do it. This is where Dennis knowingly misrepresented and lied about the loan, as well we are all bound to a code of ethics, and here there is clear and deliberate, intent to ignore all ethics, concerning an affiliate and a client he has a fiduciary relationship to do all that is possible that is in the client’s best interest. These acts add up to nothing less than premeditated FRAUD by the rep Dennis and post actions by management and executive management at Mission Hills Mortgage.

The rep Dennis pushes a loan through knowing it was not the same loan, yet tells me the Realtor working for Tarbell, who also owns Mission Hills Mortgage, to tell my client Janet, she does not have to read the Doc’s just go down and sign and that she only has enough time to do so, or face restarting the whole process over again.
Now later after digging to find out the truth, we found out that Quicken loans had stopped doing wholesale loans as of midnight Thursday the day before he had my client rush down and sign loan doc’s, and wouldn’t take the loan so Mission Hills proceeds to do and overnight switch with Countrywide and records the next day Friday mid November, 2006. Janet is now in a hopeless situation, two mortgages now two remodels to do and no money to do any of it now, this all known to Mission Hills prior to signing Doc’s, now Mission Hills doesn’t just make a mistake, they know what this will do to the client, and then create an urgency situation where, they will be able to push this FRAUD through for a commission to Dennis and Mission Hills at the expense, and know, that with out a doubt the Client Janet with near perfect credit will face, unavoidable financial ruin. UNBELIEVABLE…
So, I make a deal with Janet for a three year paid lease on the Cathedral City home my old home. I would step up and use my commission and monies I had and try to do the remodels my self. My home in Cat City was already mostly completed, since I had already started on it, and had an agreement to buy back down the road; Janet was incapable of dealing with any of this, since her son recently lost his leg by a drunk driver and was in court and rehabilitating her son. So took what moneys I had and started on new home in Palm Springs remodel, we needed to get done in less than 30 days and re-list it, but with no money to hire crew, I tried to do it on my own to try to save my clients credit, and financial ruin. IT TOOK SIX MONTHS AND NOW THE MARKET HAS TURNED and now I am in financial ruin as well. But backing up now, while I was trying to do the remodel and partially moved over there so I could work all night when needed, I told Janet, I had heard if we don’t make any payments including the first payment on Palm Springs home it reverts back to Missions Hills with implications of fraud and they will contact us, since red flags will go up all over for them, and since they were stonewalling us after the loan went through and refused to even talk to us. And this is a company, the company I work for, Owns and my company wouldn’t do anything either. So No Payments made Mission Hills, manager calls, then the Vice President calls say’s we’ll help you but you need to make the back payments now going on three, OK good, I find some hard money for a third and fourth trust deed along with a commission of a house I just sold, and got the payments caught up and enough for the mortgage till May that the hard money people held and paid through an escrow account an attorney was facilitating for Janet. But still having to do the remodel on a shoe string and would be six months from start to finish a partial remodel but a decent amount to get an appraisal of 850,000 and owing 601,000 to Countrywide and 55k to Hard Money Group. But know for the 2nd time around Mission Hills turns a cold shoulder, and never returned a phone call after we caught up and the loan, and Mission Hills sends it back to Countrywide for Servicing and pass’s the fraud on for them to deal with.
We lost the Cat City Home, after fighting the world it seemed, and going pro per in court even though Chase the lender knew I held a three year paid in advance lease on the property and a copy of it sent to them by request after the close of escrow, so they did have copy of the lease in their files. But still ignored the lease and never included it in the file to Freddie Mac. Or mentioned it, and then foreclosed with out proper service to Janet Rausch the named defendant, sold to FREDIE MAC and proceeded with eviction with out serving anyone in person, So with court battles, I was not being named on court documents other than as a Doe defendant occupant. I could not get in to the case and the clerks were blocking me, at every turn. So I stormed the Presiding Judge of all the courts, after he finish is docket, said I had and ex parte hearing to be heard he said as he’s walking to chambers he said I sorry sir your not on the docket, I said I know that but the clerks are blocking me and it’s my fourteenth amendment to be heard and it’s not for the clerks to make that decision its yours your honor, I kept rambling, he dropped his shoulders and told me to tell the clerks to send up the file, and come back at 3pm. Huge Win, since I had taken over all responsibility for the properties from J to spare her any more grief and since she was re habilitation her son who just lost his leg when hit by a Drunk Driver on his Motorcycle. I had no money for a lawyer, to file the fraud case originally since everything I had and got went into the remodel to try to salvage some kind of financial status. With no proper service was able to win and overturn a writ of possession and re gain possession of Cat City home, but short lived, THEY LIE, THEY CHEAT, AND WITH THE DIRTY ATTORNEY TRICKS AND BEING THE IN PRO PER THEY WIN BY WEARING YOU OUT, AND INCOMPETINACE ON MY PART, AND NOW BEING REDUCED TO A Welfare Participant with my 12 yr. old son, which only helps with the filing fee’s. I keep fighting, and held on for a year and a half, but lose the Cat City Home, I still have Palm Springs home with no payments made for over a year since we haven’t any money to make them, and a sale date two days from now, Tried to enlist, and was talking with the president of Countrywide, and have e mailed your list of people to try to get Countrywide to align with me as a Plaintiff instead of being a defendant first in the FRAUD case against Mission Hills Mortgage. But got a call on Friday last Aug. 8th saying neither Mary Archer nor any of the other Countrywide Staff is there anymore, and also found out that Countrywide is not going to post pone the date any longer and on the 13th the foreclosure sale will go on, which I had thought to be on the twenty sixth of August. There is more like the chapter 7 bankruptcy, I filed along the way left out with many other fights but to keep it at an already too long of a story; I have left those details out.
. The Palm Springs property is in my name now, the loan still in Janet’s name with countrywide, I got the property passed to me through a trust the house had been recorded and transferred to, making me the beneficiary, to make easier for me to deal with and to save Janet all the pain of dealing with it. Please I need help, desperately holding on, and now would have to start all over with Bank of America to get them to align with me in Fraud case. Very humbled, frustrated, and lost in this fight to hold on to what’s left of my life, and fix what has happened to Janet’s Financial status, and financial loss’s we both have incurred. The Sunrise Property has now sold through a foreclosure sale and reverted back to the Beneficiary. Now Countrywide has said they will start the eviction process. Two years, Two fairly successful people, now in financial ruin, a what took a life time of paying all her bills on time and not a blemish on a close to perfect credit score, now looks as if, she never did any of the right things in her life by the score that show now.
Nobody and NO Company should be able to get away with this… I hoping something will come to our rescue soon.


Tyler Davis
760.327.7902 any time


Now trying to do a re modification with Countrywide hope everything works out, Michael, a really good friend now and one who has been a tremendous help and support through the whole ordeal. and the one that secured the hard monies for us earlier, when we thought Mission Hills was going to help finally if we got the money somehow to make the payments up, which they obvious did not. But Michael said if they do foreclose, He heard filing a lis pendens and a wrongful foreclosure against the trustee could be a way to go. I talked to an attorney that could be interested in the case, but if we can qualify for the modification loan and postpone the sale date, also it will be a big help to remain UN homeless. It was Tuesday before the sale date, I was waiting on Janet to bring over her check stubs for her work and we needed to have a verbal call over the phone with Khara Turner in the Office of the President at Countrywide, she gave me till 5PM but could not locate Janet, till the following day when she showed up with her information, I told her, we needed to talk to the Khara at Countrywide by yesterday at 5 pm and the property had already been sold. Janet had been caught up with one of her clients; she takes care of, like a hospice type service where she had to take the client to the emergency room at the hospital. She remembered after all the emergency stuff was over the next day that she had to meet with me.


The Property sold the next day, the 13th, the beneficiary retained the property, why it was said, that it sold for about 75k less that we paid for it, when the beneficiary retained the property, is puzzling, but I guess they are just moving paper, not to show a much larger loss yet, to where the property is really at, who knows???

Did receive a letter from Countrywide this last week in August 2008. Saying; they (Countrywide) would not be able to align with me in the law suite, they just do not do that. Wow, they seemed to be thinking about it prior to BOA taking over and firing everybody at Countrywide… Seems as though nobody in management or executive management is still there.

The Gil Rose Team is now on the scene from Prudential Realty, spoken to Gil Rose at Prudential, say’s the will pay me $2000.00 if I move out by the 20th of September. I tell him I wouldn’t even consider it for less than 7,000.00 my bills and to get moved with a month or two rent is more that 2,000.00. I mean with all the monies I have put in to this house, loosing my home, along will 2 storage units of stuff they Tarbell REALTORS stored of my furnishing, clothes, family pictures etc, when they vacated me from my home in Cathedral City, and then wanted 3000.00 in a cashiers check just to reclaim my belongings, when I had a moving truck all weekend calling them to let me get my belongings but ignored and then they had a company hired to go in the house and move and store my stuff. Plus loosing my CAR * to local Rocky’s pawn shop, another whopper of a story, saying I should’ve borrowed 200.00 more and I wouldn’t had the 800.00 dollar storage fee, like I knew that I could’ve asked for more, lol, watch the small print the Owner say’s laughing at me. Now the guy at the window is driving my Van worth 3 times what I got. My career is all but gone, without any resources to pay my E&O insurance and Dues plus now which not that I would stay with Tarbell after this, but without even a call, Tarbell has released my license and I have to place with a new broker. Of coarse three weeks now and still haven’t seen my license. I told Gil Rose of Prudential that I’d rather un re-model the place and give them back what I bought, but they should weigh out the 7K vs the 35k plus plus wholesale $$$ and sweat equity I will un re model.

I really need to file the Fraud Case here, but I am without resources, or an attorney to do so. I may have to go to the court library and try to write the Doc’s I just to try to file the case, but with out an Attorney I won’t last long, and I will be way out of my league. I write this all out, because when asked there is no way to start to tell anyone the story without them running for cover and maybe it’s therapy of sort’s to get it all down. Coming is the Ordeal with Code Enforcement, Donna St. Onge in Cathedral City, which I believe to be, an (a ledge) to be working with the bank attorney’s in the foreclosure process. This story will make your stomach knot up, but enough for now. Thanks for caring enough to read.

Ty Davis


ps There is a full story coming out in the Desert Sun Newspaper tomorrow, seems someone has put graffiti all across the front of my house, and a billboard on the roof telling the story of Fraud by Tarbell, MIssion Hills Mortgage and Countrywide, :)

Tyler Davis:

Based on your own statement "I said that my client Janet AND I couldn’t afford it unless we could pull out [some or most of] the PROPERTY’S equity" it's clear you are the scammer in this situation. Specifically, if you and Janet had provided your lender with factual information on your loan applications, the lender's underwriter would have come to the same comclusion and denied the loans for insufficient income (as they do not consider future HELOC draws as legitimate qualifying income.) It's obvious you and Janet overstated your/(her)income which in turn tricked the lender into granting the loan they otherwise would have denied. I strongly suspect Janet also falsly stated she intended to occupy the property even though she knew damn well that you were going to be occupying the property instead.

Bottom line here is You this Janet character are the perpetrators of the fraud and Countrywide is the victim. Dennis at Mission Hills Mortgage is merely an accomplice in you and Janet's conspiracy to trick a lender into granting a loan for which you two were not qualified.

You, Janet and Dennis need to be prepared to reimburse Countrywide for it's losses or be preparred to possibly go to prison. (they typically will drop charges against fraudsters in exchange for being made whole)

Good luck to you, I hope you can dig your way out of the mess you created for yourself.

What about when a Developer is in cahoots with the appraisers, mortgage companies & title companies involved in a project - what is that called? Throw on top of that the fact that this company sold Condominiums as investments, per SEC Release No. 33-5347, dated January 4, 1973, without registering with the SEC as required. Their scheme/scam went like this: started with apartment to condo conversion, marketed units primarily to investors (less than 5% of the owners live in their units, and the vast majority are from out of state); had special rental plans that they used to entice investors to buy - the primary plan had a company affiliate offer 24 months were everything was paid for (mortgage payment, taxes, insurance, and HOA dues), in a lot of cases 100% financing took place with no downpayment (on an investment property); what wasn't disclosed to the buyers, was the fact that this special rental program was funded directly from their individual mortgages - a check was written from the Title Company(s) directly to the Rental company, covering all payments back to the owner for the first two years, and as an added bonus for the Developer's subsidiary rental company a hefty management fee was included as well. So the appraiser(s) did their job jacking up the prices to cover the undisclosed well conceived rental plan, and I forgot to add there was one other check that was written for construction costs as well, which was included in the final mortgage figure. Makes one wonder if any straw buyers were used as well - considering the fact that there was a certain quota of sales to be reached by a certain date or the Bank which provided the interim financing would have taken possession over the property.

What about when a Developer is in cahoots with the appraisers, mortgage companies & title companies involved in a project - what is that called? Throw on top of that the fact that this company sold Condominiums as investments, per SEC Release No. 33-5347, dated January 4, 1973, without registering with the SEC as required. Their scheme/scam went like this: started with apartment to condo conversion, marketed units primarily to investors (less than 5% of the owners live in their units, and the vast majority are from out of state); had special rental plans that they used to entice investors to buy - the primary plan had a company affiliate offer 24 months were everything was paid for (mortgage payment, taxes, insurance, and HOA dues), in a lot of cases 100% financing took place with no downpayment (on an investment property); what wasn't disclosed to the buyers, was the fact that this special rental program was funded directly from their individual mortgages - a check was written from the Title Company(s) directly to the Rental company, covering all payments back to the owner for the first two years, and as an added bonus for the Developer's subsidiary rental company a hefty management fee was included as well. So the appraiser(s) did their job jacking up the prices to cover the undisclosed well conceived rental plan, and I forgot to add there was one other check that was written for construction costs as well, which was included in the final mortgage figure. Makes one wonder if any straw buyers were used as well - considering the fact that there was a certain quota of sales to be reached by a certain date or the Bank which provided the interim financing would have taken possession over the property.

What about when a Developer is in cahoots with the appraisers, mortgage companies & title companies involved in a project - what is that called? Throw on top of that the fact that this company sold Condominiums as investments, per SEC Release No. 33-5347, dated January 4, 1973, without registering with the SEC as required. Their scheme/scam went like this: started with apartment to condo conversion, marketed units primarily to investors (less than 5% of the owners live in their units, and the vast majority are from out of state); had special rental plans that they used to entice investors to buy - the primary plan had a company affiliate offer 24 months were everything was paid for (mortgage payment, taxes, insurance, and HOA dues), in a lot of cases 100% financing took place with no downpayment (on an investment property); what wasn't disclosed to the buyers, was the fact that this special rental program was funded directly from their individual mortgages - a check was written from the Title Company(s) directly to the Rental company, covering all payments back to the owner for the first two years, and as an added bonus for the Developer's subsidiary rental company a hefty management fee was included as well. So the appraiser(s) did their job jacking up the prices to cover the undisclosed well conceived rental plan, and I forgot to add there was one other check that was written for construction costs as well, which was included in the final mortgage figure. Makes one wonder if any straw buyers were used as well - considering the fact that there was a certain quota of sales to be reached by a certain date or the Bank which provided the interim financing would have taken possession over the property.