October 31, 2013
Dear President Obama,
I am a victim of fraud, extortion and corruption. I was current in my mortgage payments when I filed for bankruptcy. My bank GMAC Mortgage never did a trustee sale on my home. I was illegally evicted from my home while I was under the protection of the bankruptcy court; the doors were broken into and they changed the locks. The fraud was proven in two courts, in bankruptcy court and in the Superior Court of Arizona. In Bankruptcy court my house was taken from the people that committed the fraud, however it was not returned to me (Chapter 13 – Case No:2:08-bk-02667RTB). I have a judgment in my favor stating that my house should be returned immediately and restitution should be paid for all damages. This judgment was by the Arizona Attorney General (case # CV2009-006810).
Since Tom Horne became the new Arizona Attorney General in 2011, I had contacted his office numerous times for over a year, requesting him to resolve my case or requesting an appointment to let him know of my house situation. I was advised that due to security reasons I could not have an appointment with him. Since all my efforts to try to speak to the Attorney General were not working, my youngest daughter, who was 15 years old at the time, had the brilliant idea of finding a public meeting where the Attorney General would be present. She found out that the Attorney General would be a guest speaker at a meeting for a homeowners group, organized by Darrell Bloomberg at Macayo’s Restaurant in Downtown Phoenix on May 8, 2012. At the meeting, there were many homeowners and attorneys; one of these attorneys was Neil Garfield. During a question and answer session, we were lucky enough that my daughter got hold of the microphone and told the Attorney General about our house situation. The Attorney General lied and stated he was not aware of our case. He later presented Kathleen Winn as his adviser for these issues, and said that any documentation we had could be given to her, and that she will see to our issue. Once the meeting was over, Ms. Winn approached my daughter to know more about our issue. She explained to Ms. Winn that our case was proven in two courts and since we received the judgment in 2009, we have not able to recover the home, nor receive any restitution. Because my daughter also suffered from our situation and was speaking to the people that would not allow us into our home, she became overwhelmed and began to cry. The other homeowners at the meeting demanded that Ms. Winn to help my daughter and not allow her to cry. In response, Ms. Winn told my daughter that she should confide in her, and that she would do everything in her power to help us.
During the time that my daughter spoke to Ms. Winn, I was speaking with Mr. Horne. I told him that my house should not be taken away from me without any motive, and that this amount of corruption should not be allowed. Once again, I told him that I had a judgment in my favor and that he was in charge of enforcing it. Mr. Horne told me not to worry, and that I should set up an appointment with Ms. Winn in order to show her all of my documentation and to explain my entire situation; she will help and resolve my issue.
Before I had this encounter with the Attorney General, in February 2011 I contacted the attorney Michael Fatta so he could resolve my situation. He thoroughly reviewed documentation from the two court cases. When reviewing the case from the bankruptcy court, the attorney found that the fraud was proven in this case, and my house was recovered by Trustee Jill Ford, and the house was under her name. The next thing that needed to occur, Mr. Fatta explained, was that my house should have been returned to me since I entered the bankruptcy court without any debt. In response to this review, the attorney saw that case proceedings was filled with so many irregularities that he felt like vomiting over the atrocities. After the review, he explained to me that my issue was completely resolved and you no longer need an attorney; all that I needed to do was talk to Attorney General so he can enforce the judgment to have your house recovered and receive restitution. With these instructions, I called the Attorney General’s office, where Mr. Horne’s secretary, Adria Lugo. I repeated what the attorney Fatta indicated to me, and she responded saying that I could no longer enter my home because I was no longer the owner, and that another family was living in it. I told her that I needed an appointment with Mr. Horne, but she said that due to security reasons, I could not speak to him. Later, I told the attorney Fatta of these responses I received, and he called the office and demanded to know why I had been told that my house was no longer mine. Adria Lugo answered the call, and told him that she had never told me that I was not allowed on my property. Because of this lie, the attorney decided to ask the same question through an email on March 1, 2001 so I could have proof. Again, when the attorney stated how I was told how I was not allowed on the property nor am I the owner, Ms. Lugo responded to the message with this as her first sentence, “I absolutely did not tell him he was not allowed on his property.” Due to these communications I had with the Attorney General’s Office a year before my encounter with Mr. Horne, I knew that when he said he was not aware of the case, it was a lie. In addition to this communication, an official from Arizona Governor’s Office, Alejandro Figueroa, also spoke with Ms. Lugo about our case. The last email exchange he had with Lugo was in April 2011, where Lugo once again provided no further resolution. Before this, Mr. Figueroa had also exchanged a number of email and phone conversations with Attorney General’s office for over four years.
After the encounter with the Attorney General at Macayo’s Restaurant, my daughter sent an email to Ms. Kathleen Winn to thank her for her offering to help resolve our issue, and to ask for an appointment. Fortunately, she responded and scheduled an appointment for June 25th, 2012, recommending that I bring with me a representative or advocate. I attended the appointment with my two daughters, the oldest being 27 years old, and Darrell Blomberg. Ms. Winn waited for our arrival with her own interpreter, since she knew I could not speak English well.
To Ms. Winn, we presented all of our documentation and began to tell her everything that happened to us. For example, that I took my case to the bankruptcy court and my judge was Redfield T. Baum. In the bankruptcy court, my house was recovered instead of returning the house to me, the judge demanded various times that I abandon my house. I told him that I would not abandon my home since it was mine. Since I did not comply, the judge sent me to see Trustee Jill Ford because she wanted me to sign some documents. Before I signed, I asked Ford’s attorney why I had to sign the document, to which the response was that I had committed a federal crime by declaring in the bankruptcy court that my house was my own, and that I had to sign the document to avoid going to jail. I did not sign the documents because I was convinced that I did not commit any crime. Since I did not sign, they, without any eviction notice or being shown any documents, broke into the door of my house and changed my locks and left a note stating that the new owner had taken possession of the house, and if I entered I would go to jail.
Another incident I mentioned to Ms. Winn was when I was directly in contact with the attorney Michael Palumbo. In the past, he handled many cases that were similar to mine, and through them gathered enough documentation and evidence to confirm and prove all acts of fraud in those cases. He once entered the Attorney General’s office when Terry Goddard was in office, and brought a whole box of documents that were needed in order to perform justice on the defrauders of each case. The Attorney General responded saying that he did not need any of those documents. Mr. Palumbo told me that he was not able to obtain results for these cases because the Arizona authorities have all of the attorneys and judges under their control.
I mentioned to Ms. Winn that NBC Channel 12 News developed a profound, professional investigation of my case. They demanded answers from the Attorney General, Terry Goddard about why I haven’t received restitution. Mr. Goddard lied on television and said that I have not received restitution because the defrauder who caused my issues declared bankruptcy, in which according to investigations made by the attorney Michael Fatta did not actually occur.
I let Ms. Winn know that I called the office of Steve Abreu, CEO of GMAC Mortgage. When I called, his secretary Bobbie Martin answered. She told me that I was the owner of my house that a trustee sale was never made for my home because I was under the protection of the bankruptcy court at the time. She also indicated that my house and completely and legally paid for. I didn’t understand how my house could be entirely paid for if I did not pay for it myself. I asked her that if my house is in fact mine and is paid for, why it has not been returned to me. She responded by saying that the Attorney General of my state would be in charge of recovering my home.
I told Ms. Winn that the well-known real estate investor in Arizona, Jerry Tokoph, was touched by my story and decided to help me. With his set of lawyers, he reviewed all of the documentation that I had regarding my issue. He found everything to be very clear, and that I had a judgment in my favor. Because of his indignation towards my issue, he desired to demand the Attorney General at the time, Terry Goddard, to enforce the judgment. Mr. Tokoph arranged to have an appointment with Mr. Goddard over breakfast, to demand restitution for my home. Tokoph asked me to give him a copy of my house appraisal as soon as possible. After the meeting, Mr. Tokoph returned feeling very disappointed, because Attorney General Goddard told him that I had won nothing in my case. Mr. Tokoph did not understand how he and his attorneys see all of the documentation differently from Mr. Goddard.
We also informed Ms. Winn that in the Desert Ridge Justice Court, a fraudulent eviction notice was created. The attorney handling my case at the time, Alicia Montoya, attempted to prove numerous times that the court did not have the jurisdiction to evict a homeowner. She was indignant for two reasons; for one, she had not witnessed anything like this happening before, and secondly, she also discovered that under this court, my case was being processed by a fake judge.
While I mentioned these anecdotes to Ms. Winn, Darrell Blomberg intervened to reminder her that my house never went under a trustee sale, and that it was illegal for a justice court to evict a homeowner, as it was done to me. He also explained to her that with the HUD-1 document that I signed with Regina Hernandez, from the title company Great American Title Agency, I was given a copy of the HUD-1 that only included my signature. In the Maricopa County Records, however, a different copy of the HUD-1 was posted, including the signatures from the title company, the notary, and of Richard Winer, who would provide money for the loan. With this HUD-1, Mr. Blomberg was able to prove that it was the title company who defrauded me.
After hearing all of these accounts and reading through all of the documentation, Ms. Winn exclaimed saying that what has been done to me was very terrible, comparable to murder or rape. She could not understand why Terry Goddard did not resolve this for me, and asked what sort of excuses the Attorney General’s office would give me. In response, I said that the office had told me that I did not win any cases. Ms. Winn told me that all of those crimes and violations were done by Terry Goddard; she told me that I needed to understand that Tom Horne did not do anything to me. Since the current office was not involved in the case, she said, she is not able to resolve them. My older daughter then explained to her that our understanding is that this not malpractice from Terry Goddard, but malpractice from the entire Attorney General’s office, in which Tom Horne and her were now a part of. Therefore, Ms. Winn’s obligation is to help resolve our issue and also investigate all others mentioned who contributed to the fraudulent crimes. In response to the others, Ms. Winn said that she and her office could not be chasing after ghosts.
At the end of our discussions, Ms. Winn agreed to resolve our issue, and even assured us that she would start immediately. She said she would forward our issue to the criminal department of the office, because what was done to us was a crime, and that the process would last two months. With the document she would acquire from the criminal department, she said that I would be able to demand restitution from my mortgage bank and the title company, in which she too considered that the title company defrauded me. She asked for my HUD-1 document, and Mr. Blomberg later delivered this and other documents to her personally.
Two months passed. I allowed a third month to pass before I sent an email to Ms. Winn, asking for any updates on my case. She never responded. This scenario repeated itself for another four months, sending numerous emails asking for any response or update on my issue. Since she would not respond, on February 2013 I decided to send an additional email, but this time I carbon copied it to various journalists and other professionals who work to combat corruption. Within the next day, I received a response from her. She said, “I do want to help you…I know there was a terrible injustice done.” After some time, she felt offended that I obligated her to respond to my email, and no longer wanted to help.
Mr. President, there have been many other individuals other than myself who have tried to demand justice for my issue. Individuals like homeowner advocate Kelly Hansen, who demanded for Kathleen Winn to maintain her promise to help me. They have all discovered how my issue is clearly a criminal conspiracy between many entities that have tried to do away with my home.
Mr. President, in this country no such person, no matter how much power they hold, should have the right to take or rob a family from their home without any just reason. As it is clearly stated in the Fifth Amendment of our Constitution, no person should “be deprived of life, liberty, and property, without due process of law.” Please, Mr. President, my family and I would like justice to be served.
Sincerely, Julian Soncco
1.- Mr. Ioan Gorgan has been living in my home since about two weeks after March 13, 2009, when I was illegally evicted. The mortgage payments kept arriving under my name for two years after the date. This classifies as identity theft. Until finally, my bank sent me this letter stating that my house has been paid in full. I never made this payment. If I made this payment, why can’t they send my property title?
2.-This is a email exchange between the Law Office of Michael Fatta and the Arizona Attorney General’s Office. In the exchange, the law office asked whether there was any proof that my home was no longer mine, after the AG’s office had told me that I was not allowed on the property, nor I was the owner.
I have not received any restitution of any kind from the Attorney General’s Office, nor am I allowed in my home.