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Karen Keeping her Garden

$1,575 of $5,000 goal

Raised by 17 people in 12 months
Don't let Wells Fargo get away with breaking laws. If we as united Americans had insisted years ago that banks abide by the law we could have stemmed foreclosures and  saved our property values, as well as our economy.

Once banks saw they could get away with ignoring laws they had no reason to modify loans, despite the fact they took $700 billion in bailout money from taxpayers, homeowners! The true cost of the bailouts is in the trillions. And, it's our fault for focusing on how homeowners owed the banks, while ignoring how banks flout the law. 

My foreclosure appeal is about how Wells Fargo did not follow the law and lied while it kept trying to take my home. Wells Fargo could have been paid since 2009 if they had not gone back on their word that they'd modify my loan and give me a lower interest rate.

Please help me stop Wells Fargo, for all our sakes.

I bought my home in 1993 so my young son could come from London and live with me. I immediately planted pear trees. Pears need to be in pairs to fruit. Next, I painted.

Eating out of my garden is healthy and cheap. My fresh squash, tomatoes, lettuce, peas, cucumbers, collards, onions and spinach, not to mention herbs, are a godsend.

In 1996 US News & World Report used my experience  of IRS putting me out of business – by enforcing for a year I’d paid – in their piece on IRS abuse of taxpayers.


US News heard about me because I’d written so many letters to Congress and people I saw on Charlie Rose and news. I'd buy dried beans for 35¢ a pound, cook them with onions, thyme and rosemary from my garden and buy stamps with my savings.

I sent IRS proof I’d paid, but it made no difference. I sept 4 hours in 24. So, when I noticed that my fingernails had bumpy ridges and no moons, I wondered if it was related to stress. When I tried to kill myself the ER’s B12 test showed I had “profound B12 deficiency”.


B12 replacement smoothed my fingernails. Pictures of the changes and B12 research became the core of my website, health-boundaries.com. Over 5 million people have visited it. Without my garden I doubt I could have survived to help.

I’m in foreclosure again but I don’t feel like killing myself because I consistently use Methylcobalamin B12 lozenges and my nerves are healthier.

Back then I was about to lose everything I had a 600 sq. ft. condo where I lived before my son came, my home I’m in and the little house I bought when my son missed London more than he liked Santa Fe. After he left I went home every day at noon to cry for an hour. I bought the little house so I wouldn’t constantly be reminded how much I’d hoped he’d stay.   

Out of business, but with three properties I was able to file Chapter 11 to reorganize and stop the foreclosures. I achieved a Confirmed Plan and in the process learned G.E. Capital held my note and mortgage.

In 2007 Deutsche Bank foreclosed my condo and sold it without notice to me. It had been built over a full privy pit that had dried out until the sewer pipe over it broke when the organic matter kept decomposing/subsiding.

That caused hydrogen sulfide in my condo. But, all I knew was that I was wheezing, bumping into door frames, not remembering anything and my ankles were the size of my thighs. Worst was that I lost feeling in my feet, fell, hit my head on the brick floor and got a traumatic brain injury.

After a loud underground bang I was advised to have an air quality test. That’s how the hydrogen sulfide was found.


It cost me $10,000 to have the pit dug out and filled with concrete. Little did I know Deutsche would foreclose without telling me and I’d lose my money despite having a buyer and money to redeem.

After B12 replacement I was a desk clerk but was fired after my fall and brain injury because I was making so many mistakes.

In 2008, Wells Fargo filed foreclosure but didn't serve me. 30 days later they sent a contractor to drill my locks and seize my home, which Wells Fargo said was foreclosed, technically, since I hadn't answered the complaint. But I’m housebound so I was here and stopped him. I couldn’t sleep for a long time after that.    

That made Wells Fargo’s foreclosure seemed tainted. Why deny me due process by not serving the complaint if the foreclosure was likely by following the rules.  

On the internet I found the UCC requirement that the foreclosure plaintiff must produce the Original Note. I used that to begin strenuously fighting Wells Fargo.   

In 2009 President Obama initiated HAMP, Home Affordable Modification Program, and I applied. At the same time I did Discovery, asking Wells Fargo to produce the Original Note and answer questions about it. Wells Fargo ignored me until I did a Request for Admissions  dealing with the Original Note. The neat part of Admissions is that if they aren’t answered the court can deem them Admitted. So, the Admissions got Wells Fargo’s attention.   

Before the 30 days to answer were up, Wells Fargo wrote saying they had qualified me for HAMP. I was so happy. I wrote back with great thanks, and called immediately to set up the trial period. I made every payment, so according to HAMP guidelines my modification was sure to be made permanent.   

As soon as the trial period started Wells Fargo asked the court to put the foreclosure on hold and to stop discovery. The court agreed.   As soon as the court agreed, Wells Fargo broke its word on the modification.   
Recently I found an interview in which Tim Geithner, President Obama’s Treasury Secretary, said that the purpose of HAMP was to slow down foreclosures so banks could handle all of them. That wasn’t how it was advertised to homeowners and taxpayers, though.   

Despite my brain injury I kept fighting the foreclosure. I would feel so vulnerable but then I’d go into my garden and feel at one with Life.

When it came time for the trial I had to admit I couldn't do it. I can’t remember what people say and I often can’t find the words for what I want to say.   

I found a lawyer who took may case for a $5,000 retainer. I was lucky to have had the money from an ADA settlement. Since then his bill has grown. I pay him $300/mo out of my $700 social security, which doesn’t leave money for an appeals lawyer.

At trial my lawyer showed that Wells Fargo had not had the Original Note, despite what their complaint said.   

 My lawyer cautioned me that the judge had not once decided against a bank. He said I should get a reverse mortgage. I tried. But my home is solar and not the expensive kind, so it doesn’t meet "universal qualifications for habitability” which include having public utilities or grid tied solar. I'm off grid.

I hope you help me. You may be interested to know that after Wells Fargo qualified me for loan modification in 2009, then broke its word, Wells Fargo paid $130,000 to lawyers to foreclose my $84,000 loan.

Honestly, I have NO idea how much to ask you for, but is a gift of $25 something you'd be able to consider?
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1/1/2018 ~ I'm working on my Appeal Docketing Statement. I'm also requesting free process. I must show my income and assets, so I think I should remove what I donated to my campaign because other wise it looks as if I have more than I actually have. Also, I'm sending my cousin's $300 back . She has a large family and I feel as if she most likely has a child or grandchild who needs the money more than I do, now that I can't hire an appeal lawyer because I don't have enough money for that. The Donations should read $1,560.
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12/18/2017 ~ In writing to the Appeal Lawyer who said her $10,000 retainer was just the beginning, I remembered a lawyer two decades ago who helped me. She even helped me with an appeal, which I won.

So, I've written to her. I feel the most hopeful I've felt in a very long time. She chartes $150/hr to help.

I don't know if she's sign papers to say she helped. I hope so. I have found in the past that courts view submissions by lawyers more favorably than those by self represented parties.

Please will you send some good thoughts this way???

Karen
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12/13/2017 ~ I have to change my mind. The thing with having a brain injury is that beliefs stick while everything else slips away. The icy surface of my mind has melted to a large extent with the use of vitamin B12, but still there’s a gradual loss that all but eliminates “last week”.

Meanwhile, the beliefs I’ve created hang in there, sometimes with punishing persistence. For instance, I believe the New Mexico Appeals Court will decide not so much for Wells Fargo, as against me. My belief comes from my experience with my condo where things that should have voided the foreclosure and auction were ignored and I was not allowed to redeem because the Court stood with HSBC against Fenton, deciding that only the first person to file to redeem had the right to redeem, no matter what the mortgage contract said.

The court would not accept my $128,500 cashier’s check on deposit for redemption. I was able to borrow money to redeem because I had a sales contract. I paid $7,000 interest on the money I borrowed. But, the Court gave my condo to the man who had filed first, for $85,000. I wasn’t notified of the auction or foreclosure, so I couldn’t be first.

There was no way to regain my financial health, given my age and impaired physical health. My condo had been built over a full outdoor toilet pit which would have done less damage to my health if the sewer pipe had not been laid over the pit. As the organic matter decomposed it subsided till in fact there was nothing holding up the sewer pipe and, under a gardening tenant, it broke.

New waste combined with old. Hydrogen sulfide resulted. The rotten egg smell seemed like it must have been an illusion when the gas man found no gas leak. After that I stopped smelling it, not knowing that the first nerve hydrogen sulfide deadens is the olfactory.

I was bumping into doorways, wheezing and losing my balance a lot before the outdoor toilet pit was discovered by a structural engineer who was investigating the holes appearing in my patio area. I had the pit excavated. Remediation was complete when I listed my condo and got the offer. I had no idea as I had the work done and paid $10,000 for it, that my condo had been foreclosed and auctioned. I had not been notified.

I believed it was wrong for the Appeals Court to decide for Deutsche Bank and against due process and me. That is the belief that is strangling my ability to trust the Appeals Court now when I need to appeal the trial court’s decision for Wells Fargo and against the UCC and the New Mexico Supreme Court in Deutsche v. Johnston, No. S–1–SC–34726, decided: March 3, 2016.

I believed I needed a highly respected appeals lawyer too counteract the Appeals Court’s established negative view of me.

But, the appeal lawyer will not take my case not only because I don’t have the full $10,000 retainer, but because the case will cost so much more than that if it goes on the general calendar and takes years to come to a conclusion.

To stop feeling totally hopeless in this situation I must change my mind. I must begin to believe and actually feel certain that the Appeal Court will decide for me and against Wells Fargo in keeping with Deutsche v. Johnston which says that the Foreclosure Complaint must say if the note is lost if indeed that is how the case will be prosecuted.

At the same time, I have always believed that I would win against Wells Fargo because Wells Fargo didn’t serve me the complaint, then 30 days later sent a man to drill into my locks and seize my home for them. I felt they wouldn’t have been so underhanded as to pretend they had a default judgment when I didn’t answer the complaint, which I wasn’t served, if in fact they had a good case for foreclosure.

Additionally, just as I do not think it was right for the trial court to refuse to let me redeem, paying Deutsche Bank in full, I do not think it is right for Wells Fargo to have qualified me for a loan modification then reneged and refused to let me pay my mortgage at a lower interest rate since 2009.

It makes me uneasy that I’ve always believed I would win, hearing after hearing, even to include the trial, when in fact I’ve always lost. I’m uneasy about not believing the Appeals Court will decide for me, based on the past, but I’m equally uneasy about believing it will decide for me since that belief, 2008 till now, has always been dashed, “dashed to pieces.”

I am struggling to change my mind.

With the money that’s been donated I can pay for needed transcripts. What’s standing in the way of me representing myself is my worrying mind set. I must change my mind.
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12/8/2017 ~ The appeal lawyer won't take my case because the entire appeal could go 4 years and cost $40,000. The $10,000 retainer was just the beginning. Paying for the Record Proper and transcripts, if I were able to hire her, would likely cost all of the donations to date.

The appeal lawyer kindly said I was intelligent and could do the appeal.

The thing is, I know courts treat lawyers differently than parties who represent themselves.

For instance, when I was trying to redeem my condo which had been foreclosed and sold with no notice to me, the lawyer for Deutsche bank lied in court. I showed the evidence which made it clear he lied, but the court still sided with him. And that's just one example.

The appeal in my case should be about how Wells Fargo was not truthful in its Complaint for Foreclosure. The case law for that comes from 2016. But, if I do the appeal there's nothing to keep the appeal court judges from deciding against me, and who's to contest?

If there were a lawyer for me, then the rule of law would have to be admitted into the picture.

Finally, not just any appeal lawyer will work. I've hired lawyers in my life who promised a lot, and took a lot of money, but that was about it.

I trust the appeal lawyer I had wanted to hire. But, I can't hire her with that kind of cost.

Wells Fargo wins because the so called Justice system is rigged in favor of banks and others with money.

I am very sa
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Raised by 17 people in 12 months
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