Anyone who
calculates and finds the inconsistencies, please report this matter .
The more
reports filed after careful scrutiny the better. Please help Edith Winn
and family get Justice
served. Help stop mortgage fraud and predatory lending.
Loan had a 1
year I/O feature
2 year Pre Pay penalty
A balloon payment = to or > than the
Loan amount.
11.750% Start Rate
21.750% CAP Rate
Edith was misled to sign a deed of trust
with assignment of rents- Tenants in
Common naming Gregg's Artistic
Homes as the trustee
Pacific Shores misrepresented a tax lien
to a Tenancy in Common. Denied by a
20 yr. Experienced Mortgage
professional- Austin Jourden
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Initial loan
amount: $110,000.00
4/12/2005 w/ Skyline Funding
7/25/2005 w/ Dr. Neal Horn, M.D.
w/ no cash out to Edith: $140,000.00
$30,000.00 in "fees" charged as a
private lender
8/17/2005 Pacific Shores places a
lien into title for the amount of
$2,536.00 making Ms. Winn a tenant
to her own home
5/3/2006 Quality Home Loans.
No cash out refinancing $ 165,000.00
Re conveyed?
6/28/2006 Benvani, Inc.
No cash out to borrower $ 192,000.00
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From the periods
7/2005 to 6/2006
possible breakdown of proceeds are
as follows:
Dr. Neal Horn was "shown" paid in
closing $170,568.53
$130,000 goes back to Neil Horn, M.D.
$21,000 goes to Dr. Neal Horn for his
15% rate of return.
$10,234.08 goes to his "salesman" in
Pacific Shores- 6% commission
total of: $ 141,234.08
The house foreclosed and was
already sold since 4/2006 for
$140,000 but the Title report show that
there were more transactions after....
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Securities had a
one year term
At the end of the one year period the
investor was offered the chance to "roll
over" the investment for another
one-year period.
Principal would be repaid at the
maturity date
Carried an Interest rate of between 8
and 15 %
Salesmen paid 6% commission
The Investor will be secured by a deed
of trust as tenants in common
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How and Why do
they complement each other?
Both have one year features
The 2 year Prepayment penalty was designed for the able mortgagee to
stay on
for another term or spend more in fees getting out earlier.
the investor "rolled over" the investment for another year period.
The balloon feature of the Loan was designed to "represent" a security
instrument for the note of the next investor
11.750% to 21.750% rate feature of the loan is used to secure the
investors
return of investment of %8 to 15% and 6% commission for the
"salesmen".
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Investment
Instruments in the form of promisory notes, real estate investment
agreements and or investment contracts all of which are securities
under the
CSL. These securities were offered and sold through distinct investment
programs- Tax Lien Certificates and Opportunity Properties.
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The
striking complementation of Edith Winn's Loan to
the
"opportunity properties" sold to the Ca. Investing public
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Unified
Home Loans President
is Milon Brock's Daughter
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Edith made
payments to
Unified in the form of money
orders as instructed by Dr.
Neal Horn M.D.
|
Pacific Shores
Placed a
Lien on Edith's Title for
$2,536.77. Claiming
unpaid taxes?
Maybe under perjury it would
be different. What do you
think A J?
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Ponzi Or Pyramid
by Gerald P. Nehra
Ponzi schemes are pyramidal in nature, but are they the same thing as a
pyramid
scheme? No, they are not, and here is why.
Ponzi schemes are investment frauds that share some characteristics of
pyramid
schemes but also have some different dynamics. A requirement of a Ponzi
scheme is the promotion of what starts out to be, or appears to be, a
real
investment opportunity. It often involves the development of a valuable
resource
such as oil, gas, minerals or real estate. And what is being promoted
often actually
exists. The promoter does own a mine, or does own investment property.
Where
the resource actually exists, the promoter has grossly overvalued its
worth. Other
times, the asset or resource which is the basis for the investment
opportunity is
totally a figment of the promoter's imagination. In either scenario,
the promoter
convinces investors that the asset can be further developed with more
capital,
and the promoter will share the profits with the investors.
Early on, substantial dividends are paid out to the investors. The
representation is
that these dividends are "profits" coming from the successful
development of the
investment assets. What is actually happening is that the promoter is
merely
returning a portion of the investors money to them. These early and
substantial
dividends produce two results. The early investors increase their share
of the
operation, and additional investors are attracted to the scheme. The
process of
paying dividends continues and more investors come forward until the
fraud is
uncovered or the promoter absconds with the investment proceeds.
Not all Ponzi schemes start out as frauds. Sometimes a promoter in good
faith
really believes the asset will prove profitable. Investment money comes
in, but the
returns are disappointing. To avoid loss of investor confidence lies
are circulated
and dividends paid. More money comes in and the possibility of millions
of dollars
of losses occurs but for the truth being told early.
The traditional method of dealing with Ponzi schemes in the U.S. is
under the
Securities Laws, including the Securities Acts of 1933, the Federal
Securities
Exchange Act of 1934, and state securities laws, (sometimes referred to
as Blue
Sky Laws). They are not pyramids however, and the pyramid laws we
routinely
associate with the regulation of multi-level marketing companies do not
apply.
There are several distinctions between Ponzi schemes and pyramid
selling
schemes.
The pyramid scheme involves a person making an investment for the right
to
receive compensation for finding and introducing other participants
into the
scheme. There is a clear understanding among the participants that the
success
of the opportunity is dependent upon attracting additional
participants.. This is
different from the expectations of the Ponzi scheme participant who
believes the
investment is dependent upon the successful development of a productive
asset
such as a mine or real estate complex. Pyramids must fail because, by
their
nature, they depend upon endless exponential growth to succeed. Ponzi
schemes
must fail because the underlying asset upon which the investment was
based
either never existed, or was grossly overvalued. Pyramid schemes
require active
participants who bring in more participants. Ponzi schemes can flourish
even with
passive investors without any responsibility to promote the
opportunity. Pyramid
scheme participants "go for the gold" by attracting others to the
scheme. Ponzi
scheme participants "go for the gold" by increasing their investment
and hopefully
their share of the profits from the successful development of the
productive asset.
The author is indebted to John Brown, Senior Manager of Government
Affairs at
Amway, for developing these distinctions and articulating them clearly
and often.
Gerald P. Nehra is an MLM Specialist Private Practice Attorney. He is
one of only a
few attorneys nationwide whose practice is devoted exclusively to
direct selling
and multi-level marketing issues. His 25 years of legal experience
includes 9
years at Amway Corporation where he was Director of the Legal Division.
He can
be reached at 1710 Beach Street, Muskegon, MI 49441, 616-755-3800,
616-755-4700 FAX. Credentials and Billing Information are available
through
Fax-on-Demand at 803-548-3299, ext. 3088, and E-Mail Auto Responder at
MLMAtty@memo.net. His E-Mail Address is MLMAtty@aol.com Permission is
hereby granted to duplicate this article, AS LONG AS the biographical
information
above is included.
Permission is hereby granted to duplicate this article, AS LONG AS the
biographical information above is included.
Deciphering
Hieroglyphics
Lastly, the
final transaction was approved by the underwritters of Benvani, Inc.
and subsequently
Gregg's Artistic Homes with total disregard to the borrowers
wellbeing and future security.
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