Monthly Archives: November 2010

November 23rd 2010 @ 8:51pm ( www.stop mortage fraud.com

Article:   Mortgage Bankers Association of America
www.Stop Mortage Fraud.com / (800) 348-3931

borrower’s bill of rights:
* a borrower had the right to clear and forthright explanation of the terms and conditions of the loan.
* a borrower has the right to timely and truthful disclosures regarding the rates and costs of the loan.
* a borrower has the right to accurate disclosure of final annual percentage rate and amounts of regular payments at the time of loan closing settlements
* a borrower has the right not to be subject to deceptive marketing tactics.
* a borrower  has the right to  obtain credit counseling prior to closing on the loan.
* a borrower has the right to have a lender consider a borrower’s ability to repay the loan before such credit is extended.
* a borrower should receive a tangible benefit when charged a fee or a higher interest rate to refinance a loan.
* a borrower has the right to not be subject to a requirement that he or she finance any portion of points or fees.
* a borrower has the right to have favorable information reported to credit bureaus on a timely basis.

The ten warning Signs of Predatory Lending :
1.  balloon loan /will you need to obtain another loan to finance that final lump sum amount?
2.  required to buy credit insurance
3.  refinanced several times and in each instance increased your monthly payments or amount you owe on your  home?
4.  after settlement surprised to find that the monthly payments on mortgage were higher than your anticipated based  on the intital disclosure
5.  did you incur any unexpected costs at settlement that were not explained to you prior to the settlement?
6.were you asked to leave signature lines or any other important lines item of any form blank? did the lender or broker alter any information you entered on your loan application?
7.  Check your loan file.  Are any of the following disclosures missing?
a.  good faith estimate
b.  special information booklet
c.  Truth in Lending
HUD-1 settlement statement
8.  Do your documents reveal that your interest rate calculation will change to require you to pay “daily interest ” in instances when your payments are late?
9.  Is the loan amount on the loan you obtained higher than the value of the home?
10.  Were you  encouraged to include false information on your loan application?

Where to Report suspected Predatory Lending:

Federal Contacts: Contact information:
Agency:  Federal Trade Commission ( FTC)
http://www.ftc.gov/ftc/consumer.htm
FTC Headquarters
Financial Services Division
6th Street & Pennsylvania Avenue NW
Washington DC 205580
202-326-3224

Department of Housing & Urban Development (HUD)
http://www.hud.gov/fha.sfh.res/respa_hmhtml
Director Interstate Land Sales /Respa Division
Officer of Consumer and Regulatory Affairs
Us Department of Housing and Urban Development
451 7th Street SW Room 9146
Washington DC 20410

Federal Reserve Board (FR:
http://www.federalreserve.gov/pubs/complaints/
Board of Governors of the Federal Reserve System
Division of Consumer and Community Affairs
 20th And C Streets NW Stop 801
Washington DC 20551
(202) 452-3693

November 23rd 2010@6:40pm ( November 21st 2006 note problem with an old aol account)

 November 21st 2006
Not only was AOL  allowed access onto my computer but the entire process was done while I was not even  in my house.

I had a scheduled manicure for 9am i was running late and didn’t  even leave the house until 9:30.  Since i was too late for my apt i ended up gong out running errands than to work I didn’t  allow access for AOL  because it happened one other time a few weeks ago I went to log on and saw that an icon on my desktop was from AOL so i called Comcast cable and was told by one of the  gentleman that AOL  couldn’t have been downloaded by a hacker since i have privacy block and all the security for MacAfee he also said that someone would have to have been sitting right in front of my computer to access the internet.

* note:  this note actually also means someone had to have broken into my home and was trespassing into our complex and/had to sit at my computer to download the aol program. 

November 23rd 2010 @6:52pm( phone call problem with credit card password for nov. 21st 2006)

Today I called to make a payment on my credit card .  This card was the card issued after a renewal card did not show up at my home.

Today called to make a $953.00 payment on credit card spoke with:
shakira ( id#T3L433) and Her boss BaBa(id# EP13)  They said i could not make a payment over the phone because i needed a password on my account.

I never set up a password on my account.

Prior to accessing info. today and making a payment I had to send in a password request/ copy of forms and my social security #.    

Tuesday November 23rd 2010( letter to dean Peck ecomonic crime unit Naples florida- jan. 5th 2007)

 Attention : Dean Peck
Economic Crime Unit Naples Florida

Dear Dean Peck,                                              January 5, 2007

This letter is written to confirm our conversation this afternoon approximately 2:00pm.  We discussed the phone call I received concerning a gentleman calling to answer my inquiry for refinancing my home.  He was from a company: Triumph Funding Corporation and hot a toll free telephone number (516-422-6433 begin_of_the_skype_highlighting              516-422-6433      end_of_the_skype_highlighting).  He was able to quote me all my personal information yet used an email address hat I have never used.  The email address he used was Mary.Ziska@nomail.com.  He also mentioned that he received my inquiry on September 27th 2007 and i had not made an inquiry on line for his company at that time. 

I called your unit because i have had a lot of problems with identity”borrowing” Last year a gentleman that refinanced my home actually disappeared and “borrowed money” The company phones were disconnected even though I retained a layer.  still haven’t been able to retrieve the $2000.00 that was personally “borrowed ” by the broker.  This occurred approximately at the same time when the were 42-48 hits on my credit report some with various emails but most utilizing all my personal information. 
I am in the process of trying to fix all the damage that has occurred with my accounts with my home and with my life.  You mentioned that there was a booklet that you will sending concerning identity theft.  Thank you for the information.  I look forward  having my wonderful, nice and happy and problem free life back as soon as possible

You requested that I fax you this letter to attach to a report already on file .  I will retain a copy fo my reports and records.
Thank you for your kind attention in this matter.
Sincerely Yours,
Mary Jean Ziska    

Tuesday November 23rd 2010( police report:# 06-27161 8/18/2006)

sworn statement filed: August 18th 2006
Report #:  06-27161
content of report:

I entered into Bank of America @ Travila circle.  I came in to check on my bank account and was informed that my account was overdrawn.  I protested that was impossible since I had $1000.00 in my account as of my last statement.  The bank employee went through my account and informed me that a check for $804.94
( #1006) was rendered from my account.  She gave me a copy of the check and it is NOT my handwriting nor is it on past ordered checks.  There were also 50 checks ordered  without my consent and  I did not receive any checks.  Checks were written off my account # 1001/#1002( $1194.06)/#1003($664.87) #1004 (206.05)#1005 ($45.00) all the above checks were not my handwriting but using my signature.  I didn’t authorize anyone  to write checks from my account i will prosecute the people involved.

Tuesday November 23rd @5:22pm ( police report # september 15th 2006)

 This is the police report written on September 15th 2006.

 Today I went to to ___________bank.  and checked on my safe deposit box. I had  3 safe deposit boxes at one time  and kept jewelry, personal and private papers in another and cash and travelers checks in another one.   I believe I  took out all  paperwork and items from  safe deposit boxes and placed i a locked suitcase.  I placed the suitcase into a my storage unit ( Lock up storage ( located off pine Ridge Road When I retrieved my items from  the storage unit I went through the suitcase and found empty containers /.cases that used to  contain  jewelry.  Upon advice from  people i spoke with over the phone… I didn’t file a police report then, I was told that my jewelry would “turn up” Today I went to my safe deposit box and the last one to check it is empty.  I am still being told it is either somewhere else or I’ve forgotten where I put the items but i still have all the empty cases so i know for sure that today they are  not in my safe deposit box or in my home or in my suitcase.

Tuesday November 23rd 2010 @5:08pm(police report #0721734-july 05th 2007-passport etc.)

Sworn statement filed 07/05/07
Report # 0721734
content of report:

On the 5th day of July AD 2007 in Collier county State of Florida the July 3rd I came home to  notice that paperwork was  on the table from my  Club House (which i never brought home.) 

Today,( July 5th 2007) went to go and renew my  passport information.  Entire file with all passport information gone from my  house.  I  searched house called people who visited yesterday and no one took information .  Information included  receipts for  paying for 10 year passport.  I am  Concerned about information being missing since drivers license /credit cards etc were stolen/disappeared/missing ( whatever you want to call it) for 2-3 weeks    and since passport also disappeared last year at the same time.
Reports have been issued since ( 2005/2006/2007) Also wrote a letter to Dean Peck 2007 when  West Law password cards were stolen from mail and west law book stolen from my mail  box The information stolen included filled out paperwork with my signature. May have even had additional original  birth certificate but  definitely had photocopy of my birth certificate.    

November 15th 2010 Bullying ( Bullycide )

I first heard about  a case that  went to trial  concerning bulling when  i learned about  Lori Drew and Megan Myer.   February 2008  

United states of America /United States district court for the central district of California ( plaintiff) vs. Lori Drew( defendant )  the case involved a 13 year old girl Megan Meier.

Grand Jury charges/ Indictment 18 USC 371:  Conspiracy;18 USC 1030(a) (2) (c),(c)  (2)  (ii):  Accessing Protected Computers to Obtain information; 18 USC  2(a), (b) :Aiding and Abetting and Causing an Act to be Done

*The intentional infliction of pain /humiliation

* willful and fraudulent 

*Lori Drew ” was conspiracy”_ people conspired to entrap a young girl with the express purpose of humiliating ( a form of torture)
torture/tortuous act: (  to intentionally inflict emotional distress)

*Conspiracy: co conspirators  knowingly conspired and agreed with each other  

*accessing protected computers without authorization=hacking

*”without authorization in excess of authorized access and by means of interstate communication obtain information from the computer to further a TORTIUS ACT
(definition of a tortious act:  namely intentional  infliction of emotional distress / violation of 18USC SS 1030(a) (2) (c)

*knowingly harassed/intimidated

definition of bulling:  when a person is picked on over and over again by an individual or group with more power ,  in terms of physical strength or social standing

If your child lets you know that he/she is being bullied Lener said your first response should be to validate your child’ feelings and let them know its NOT OK for someone to treat them like that 

 Proper Response of parent :  “Be supportive and let your child know that you’ll help then consult your child and ask how he/she would like you to get involved observed Rofey… Many  youngsters may ask their parents to take a hands off approach she said but she recommends setting some guidelines. Say something like It seems you have this situation in control right now but lets keep talking and checking in about it.

Rofey also recommends teach your child how to avoid situations that might lead to teasing or bulling and talking with your child  about how to reach out to adults if they need to 

Tess Health “Dealing with Bulling

ex). Kick a Ginger Day

ex) E investigates :  the documentary series E online :  Bullying /
Dillon sued owon case of $250,000.00.  Dr. Carol smith /
 *learning to trust

ex)Phibbie Prince
her bulling was meant to make her cry designed to humiliate her
staff knew about bulling
bulling became intolerable

ex)BullyPolice E-book
http://www.bullypolice.com/ebookhtml

http://www.bullycide.org
Bullycide In America  … Moms speak out about the bulling/suicide connection
Complied by Brenda High
“Much more than a mere expose of horrifying statistics, this book is a collection of personal letters to you, straight from a broken heart, about the most devastating case of bullycide ever.. the one that claimed the writer’s own child.  I applaud every author in these pages who has struggled in the depths of grief to tell the most painful story of their life, and I challenge America to respond to there tear-stained pages.”
author and journalist Neil Marr ( who coined the word Bullicide in Bullicide death at playtime, co -authored by the late Tim Field.

blog posts May 15th 2008 2:13pm
“They aren’t criminally prosecuting her ( lori Drew) for complicity in the suicide.  they indicted her on conspiracy to commit fraud.  The fraud is supported by the overt acts that resulted in the intentional  infliction of pain and /or humiliation but she isn’t being prosecuted for that pain and /or humiliation.  She’s being prosecuted for willful and fraudulent violation  of terms of  service and the like.  Sure it never would have gotten to this point if the girl hadn’t killed herself  but Drew isn’t being held criminally liable for her death.  If she was it would be manslaughter charge-not fraud” posted by Chris may 15th 2008 2:15:19 pm

My opinion( by mary jean ziska….i believe she( lori drew )  should have been charged with manslaughter! her direct actions caused a reaction and the death in a girl. grave miscarriage of justice….

“This woman broke the law- that’s easy.  You agree to teams of service( especially when it comes to  harassment) then it’s pretty clear.
Some have argued that she shouldn’t be held accountable for the s girl’s death.  I can see why you might argue this , but that’s not  what the law says.  
Should this woman serve 20 years?  Probably not , but I think she should serve jail time, the outcome of this woman’s actions was the suicide of a young girl. 
As for culpability, I think you have to see this woman’s action as criminally reckless, she probably didn’t KNOW what the outcome would be but she must have known it was a real possibility. Like a drunk driver, she mus be culpable under the law.
Hopefully this case will continue to be widely reported as a warning to others. 
Posted by JEZ May 15th 2008 2:20:18pm
 

Tuesday November 23rd 2010@3:13pm( article on lori drew and Megan Meier from Wired.com)

Lori Drew Indicted in My Space Suicide Case–Updated by Kim Zettler May 15th 2008 3:01:41pm from WIRED

A federal grand jury issued an indictment against a woman in Missouri accused of creating a fake My Space page to bully a 13 year old girl.  the girl committed suicide as a result of the bullying.

Lori Drew was indicted this morning in Los Angeles on federal charges for fraudulently using an account on My Space.  The indictment charges Drew in four counts —
one
count for conspiracy and three counts “for accessing protected computers without authorization to obtain information to inflict emotional distress”

according to a press release.  The later charge relates to the Computer Fraud and Abuse Act.

The indictment (pdf.) alleges that Drew and her co-conspirators violated My Space’s terms of service, which requires registrants to provide truthful registration information and refrain from soliciting personal information from anyone under 18 or using registration information and refrain from soliciting  personal information from anyone under 18 or using information obtained from  My Space services to harass or harm other people among other terms.

If convicted on all four counts, Drew could face up to 20 years in federal prison. 

“This adult woman allegedly used the internet to target a young teenage girl, with horrendous ramifications”  said United States Attorney Thomas P. O’Brien.  “After a thorough investigation  we have charged Ms. Drew with criminally accessing My space and violating rules established to protect young vulnerable people.  Any adult who uses the internet to a social-gathering website to bully or harass another person, particularly a young teenage girl needs to realize that their actions can have serious consequences. ” 

Drew’s co-conspirators include her daughter and another teenager, Ashley Grills, who helped set up the MySpace account and sent comments to Megan Meier that contributed to her suicide.  It was reported earlier this year that Grills was given immunity for her cooperation with investigation. 

When asked at the press conference what this might mean for other people who engage in similar behavior, O’Brien responded that , “Anyone who engages in harassment and violates the law similar to Ms. Drew is subject to investigation and prosecution on the right facts.”

Tuesday November 23rd @3:02pm ( florida statute “stalking”)

 784.048 f.s.      Abstract:

 (2) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of staling, a misdemeanor of the first degree, punishable as provided in s.  741.30 or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously,and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking a felony of the third degree.