My name is Steven Bailey. I am a professional land surveyor and I have owned and operated a successful small business. I was also involved in supporting Sahara Donahue in trying to get the Sheriff to not evict her that day. I would like to let you all know why.

As a business owner I was proud to able to employ my people, sponsor several youth soccer teams and donate several thousand dollars worth of services to local parks and recreation projects. I was able to become an asset to my community. I was what many consider the independent entrepreneur that is the foundation of job creation in the American Economy.

That is until, like tens of thousands of others, my home and place of business, was fraudulently foreclosed on. As most small businesses begin on kitchen tables and in garages, the effect of rubber stamped, fraudulent, and forced through foreclosures on the American economy is crippling. There have been over 15 million foreclosures since mortgage fraud crashed our economy in mid 2007. These foreclosures are not the calling in of debts that can not be paid. They are the result of many banks and attorneys taking advantage of the broken system for personal financial gain at the expense of the rest of American society. I support this bill not only because it will help those directly facing foreclosure, but also because it will help all of us affected by the collateral damage from the existing process. There has to be a point at which the members of our communities start standing up for one another. That point is now.

We explained the fraudulent nature of this foreclosure to the Sheriffs department prior to the eviction. We hoped they, as officers sworn to serve and protect the community, would choose to do the right thing and give Sahara just an extra few days for her appeal to get filed. Unfortunately they made the decision to endanger the public they are sworn to protect by assaulting peaceful protesters armed with automatic rifles and lethal ammunition.

We understand that the Sheriffs department feel they have no choice but to carry out the orders of the clerks who sign these eviction papers. We also understand that it has been through good men blindly following orders that most great tragedies of human history have been possible. We are not at war with our own people. A small group of peaceful unarmed protesters asking for a few extra days before eviction on behalf of a friend constitutes no threat to our community.

The true threat to our community comes from the banks that have distorted, manipulated and lobbied the law to make foreclosure fraud possible. The true threat to our community comes from when the very people who have sworn to project us from criminal action turn their guns on our friends and neighbors in order to protect the interests of the criminals defrauding us.

For more information on the Foreclosure Fraud Crisis and how to protect your self please visit www.colorado-frc.org

Bellow is my families story. Unfortunately it is the rule, not the exception.

We purchased our home in 2002 based on the fact that it had a separate entrance, a down town location, and multi-use zoning so we could run my land surveying firm from it. We were very happy with our small mortgage company. They even gave us a “You don’t have to pay your mortgage this Christmas” present one year.

Then we refinanced our house in 2006. Under the refinance, Wells Fargo Home Mortgage became the servicer of our note. As most Americans, when the economy crashed we took a hit and were late with a mortgage payment on a few occasions but were able to double pay in less than a month. We never missed a single scheduled mortgage payment.

We were solicited into the Home Affordable Modification Program by Wells Fargo on August 9th, of 2009 when we were current on our mortgage. The program was presented as a way to reduce our monthly payments by lowering our interest rate.

I would like to state that at no time was this program presented as a means to avoid foreclosure as we were current on our mortgage.

We applied for the program over the phone and were pre-approved. We were directed not to make the current August payment and no further payments until the first of three trial period payments on November 1st. We were told that if the financial information we provided was accurate and we made the three trial period payments on time that the modification would become permanent.

We met all the requirements of the program and made all the trial payments on time or early. We were notified around new Year’s that we would receive the loan modification agreement. Very pleased we awaited the agreement we were promised but never received. Instead we were sent a written request that we resend all the documentation we had submitted prior with updated information.

We immediately contacted Wells Fargo and were told that everything was fine and to continue making the modified payments. The process could take up to 12 months or more.

Over the next several months we responded to requests from Wells Fargo for additional documents and or replacement documents over and over again. We were given reasons from they had lost our documents to they had the documents on their screen but were not allowed to print them. We promptly complied with all requests no matter how ridiculous they were.

We began receiving statements saying we were now behind on our mortgage. Very confused and in a panic we immediately called Wells Fargo.

Wells Fargo representatives repeatedly directed us to disregard these written statements. We were told that the “system” sent them out automatically from another department, and that the “system” did not have the ability to see that we were in a HAMP agreement. They attributed the discrepancies to glitches in a new “government program” and that everything was fine, “We were right on track.”

Regarding Wells Fargo as a large, well known, and reputable bank made us comfortable with the statements of their representatives.

We continued to make the modified payments and send in documents as directed despite our increasing frustration.

Then our world began to fall apart.

In mid April we were notified by mail that Wells Fargo would not honor the agreed upon modification. They stated we were denied for not sending in the required documents. Wells Fargo claimed that we had not paid our mortgage in six months and that we were in the foreclosure process. They stated that we had to pay $14,000 by May 1st to keep our home.

Let me make this very clear. We had made every payment that Wells Fargo, the servicer of our mortgage, required us to make.

In order to prove this, we acquired our credit report. To our shock and disbelief, Wells Fargo had destroyed our credit. They had reported us delinquent to the credit agencies from the time that we had agreed to participate in the loan modification program.

We immediately contacted Wells Fargo. Over the course of several frustrating phone calls with several representatives we were informed that the denial for lack of documentation was in error and would be corrected.

Five days later, Wells Fargo again denied our modification. This time claiming our financial situation, that had not changed since being enrolled in the program, did not meet the investor guide lines.

Once again we contacted Wells Fargo. Through another frustrating round of phone calls, it became clear to us as well as the department supervisor that they had mistakenly shown us as having a budget deficit when in fact we had a budget surplus. As this was the reason for our denial, the supervisor assured us that it would be corrected. He told us not to make our next payment until we heard from him, and he would contact us by May 5th.

The supervisor never contacted us. We then received a letter restating the denial of our modification by the investor. All further contact with Wells Fargo was through their collections department. This department had no knowledge of our payments made through the modification program. We were treated as if we had simply refused to pay our mortgage. There would be no negotiation. They would not accept any payments less than the full $17,000.

On May 27th, Wells Fargo referred our loan to their attorneys to begin foreclosure proceedings.

We then contacted their attorney confidant that with a single responsible party looking into the matter the errors would be corrected. It was just a matter of simple addition and subtraction. The attorney made it clear that their job was not to determine whether or not a foreclosure was valid. Their job was to simply foreclose. We were told that if there was an error to contact Wells Fargo and they would catch and correct it.

We then contacted Wells Fargo several times again but they were unable to resolve the issue.

On June 23rd we received our first notice of hearing for foreclosure.

After having been misled, strung along, and frustrated by Wells Fargo over the last year we determined that our best chance of resolving this situation would be at the foreclosure hearing.

We were reassured by court staff several weeks prior to our hearing that our case would be heard and the outcome was not a forgone conclusion. We then prepared a detailed statement with all supporting documents fully tabulated in chronological order and in triplicate to present at the hearing.

At our actual hearing on July 27th the Court would not read our statement but after a verbal summary was very appalled and sympathetic. Unfortunately she claimed to be utterly powerless to help us. She then signed the order to foreclose.

On September 21st, 2010 a little over a year after we started this process our home, and my place of business, that we had never missed a payment on, was sold at auction. It still sits vacant today.

Through this entire year long process, we were never allowed to speak to the same representative more than once. Every phone call we made, we had to tell the entire story again from the beginning.

Taking someone’s home, ruining their credit, tarnishing their reputation, threatening their livelihood, and risking forcing them into homelessness is a serious responsibility that warrants being handled by a qualified professional.

By denying our repeated requests to speak to a specific representative it became clear that the communication difficulties were not unintentional. Wells Fargo had put in place a deliberate policy designed to maintain an appearance of negligence in order to camouflage their actual purpose. Defrauding people out of their homes to collect the lucrative servicing fees they charge the investment firms to handle a foreclosure.

Like most victims of fraud I look back and feel stupid. How could we not see what Wells Fargo was doing? It is so obvious now. When we signed up for the modification program Wells Fargo instructed us not to make a payment for 3 months. What we interpreted as a welcome break was a ploy to send us into default.

That then justified to the investor paying Wells Fargo huge fees to “try to keep us from defaulting”. Wells Fargo then strung us along as long as we would play ball, collecting more fees every time they reprocessed the same paper work.

When the fees being paid by the investor added up to a point that they could no longer be justified, the investor ordered Wells Fargo to foreclose. No problem for Wells Fargo, They have fees for that as well.

Now the attorneys get to take their cut. The “only looser” is the investor, who has hedged their bets, with insurance against just such a thing.

After seeing what I fell for you may think I am as dumb as I feel, but in my defense. I am not a financial professional. I am a an average American, doing my job, taking care of my family, paying my bills, and trying to help my neighbor along the way. Just as a banker does not have the time to become an expert land surveyor to keep me from steeling their land, I do not have the time to become an expert banker to keep them from steeling my house.

It is a base code of business and personal ethics that keeps an economy and society from destroying it’s self. If that code of ethics becomes too obscure in certain professions the responsibility then falls on the law to correct.

In business, renegotiation is a standard practice when the original assumptions made at the time of contract turn out to be false or incorrect. If contracts made in good faith were not renegotiated, when costs increase dramatically, very few projects would reach completion. If one party fails to take some responsibility and refuses to renegotiate they will force the other party into bankruptcy and the entire project will fail.

This is precisely the situation reflected in the foreclosure crisis. When lenders fail to legitimately work with homeowners to find reasonable solutions they force families into easily avoidable foreclosures and push the rest of our economy closer to failure.

Legitimate home modifications can go a long way to helping repair our economy. Many loans that are at risk of default can be saved with a simple renegotiation of the terms of the loan. The math is simple, when a loan is saved every one wins. The investor gets more return than they would at auction, a family gets to keep their home, a community gets to keep it’s neighbors, and the American economy gets to recover.

Please stand up for our community. www.colorado-frc.org

Sheriffs, SWAT, and Assault Rifles -- A Foreclosure Story By Michael Stedman (about the author)     Permalink       (Page 1 of 2 pages) OpEdNews Op Eds 10/31/2012 at 20:27:07

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          Idaho Springs, Colorado may seem like a quiet, peaceful, and even quaint little town off I-70 in the mountains west of Denver.   However, in the early afternoon of October 30, 2012, the Clear Creek County Sheriff's office proved beyond a shadow of a doubt that looks can be extremely deceiving.   Make no mistake; this is not a kind-hearted Mayberry RFD type of law enforcement.   This was a tactical, military-style assault against unarmed, peaceful protesters.

          But first, let's go back a bit in order to give you a little better understanding of the events leading up to, as well as during, their demonstration of excessive use of force.

          Sahara Donahue has lived in her home for over 20 years, has been a volunteer in her community, and was a decent law-abiding citizen.   She suffered injuries from a near-fatal accident, including a head injury that was not properly diagnosed until over a year after the accident.   She could no longer perform the duties of her job, and therefore was forced to rely on the generosity of friends to help pay her mortgage for several years.   She made every attempt to communicate and work with the banks, and even retained the services of an attorney, in the hopes of finding some resolution to keep her home.   However, the banks (as well as a corrupt Realtor) apparently had different plans.

          Near the end of her financial resources, she reached out for help and Occupy Denver along with Colorado Foreclosure Resistance Coalition (CFRC) responded.   People began sending word out via phone calls, emails, social media, and any other means possible to spread awareness of the situation.   Some even responded by travelling to stand with Sahara at her home.   A potential eviction on Thursday (Oct 25) did not occur, so even more people began to heed the call to protest the next expected eviction on Tuesday (Oct 30). Also, several of us gathered in front of the US Bank building in downtown Denver at noon on Monday to support Sahara as she attempted to gain entry into the building to physically speak to someone, and request a 60-day extension in order to find other living arrangements.

          After she was given a run-around by US Bank, several of us made our way up the canyon to stand with her and support her in case the eviction went through the following day.   Later in the day we were informed that the only compromise offered to Sahara involved her immediate eviction -- BUT -- they would be magnanimous enough to store her things for 30 days.   Those of us at the house began planning our course of action for the remainder of the night as well as for Eviction Day.

          We barricaded the driveway with fallen trees to limit access to the house, and held several impromptu meetings to discuss our tactics.   Sahara's wishes were for us to be respectful when the Sheriff arrived, since she has a history with this community.   We agreed that we would all respect her wishes and approach the situation in a peaceful manner.   We were led to believe that the Realtor would be arriving with a crew of workers to remove items from the house, and that the Sheriff would be there to "keep the peace."   Sahara had also asked one of the group's members to be a spokesman.   He would speak directly with those who arrived and deliver legal letters to the Sheriff.   This way things would proceed smoothly and help eliminate any unnecessary escalation.

          As night closed in we shared stories, discussed ideas, and enjoyed each other's company in a very peaceful, positive environment.   Eventually people began to settle down for the night.   Most were sleeping in the house on couches or on the floor, while I and another went out to sleep in our tents beside the barricade in case of any unexpected late-night surprises.

          The following morning we all began to stir as coffee was brewing. There seemed to be an overall sense of optimism among the group.   We received word of some more people coming up to join us, and we had another meeting to determine tactics regarding the expected arrivals for the eviction.   Several of us collected more timber to fortify the barricades, others were making food, and everyone was ready for whatever was coming (or so we thought).

          The first arrival of the day was a truck hauling a dumpster that was apparently to be left there for the workers to put her things in.   Seeing the barricades, he got out and spoke with us.   He was very friendly and supportive towards us, and then called his supervisor who after several minutes instructed him to bring the dumpster back.   We had our first victory of the day and the excitement filled the air.

          A while later a white van filled with workers from a "day labor" company pulled up and stopped.   These were the men who were supposed to remove her belongings from the house.   They needed to wait for the Sheriff to arrive, and since there is no cell-phone service in the area, they just relaxed and spoke with us for a while.   We even tried to recruit a few of them to stand with us, but to no avail.   Finally they decided to leave in order to go back down the mountain to find a place with better reception to make calls.   We all began a second celebration as we filled the air with singing, "Na na na na, hey hey hey, GOOD-BYE!"

          Things were really starting to look up for us.   We felt we had made some incredible progress.   Then we heard a vehicle coming.   Around the corner I saw a Sheriff's vehicle through the trees as it was approaching.   Then I saw behind it another, and another, and another.   About 10 vehicles filled with men in what appeared to be full battle gear (and assault weapons already in hand) began to fill the road in front of the house.   In all our planning and meetings, we never expected this kind of response.   After all, we were led to believe that the Sheriff was only going to be there to "keep the peace."   And don't forget that we were unarmed, peaceful demonstrators.

          The spokesman of our group got on the megaphone and began trying to get everyone to converge up at the house, but it was already too late.   The Tactical Response Team had already reacted.   As we were rushing up the driveway, we were cut off by several men gripping their assault rifles as they began shouting at us to get on the ground on our knees.   To my left, the spokesman was coming up, shouting on the megaphone, attempting to discern who was in charge since he had the letters to deliver.   The officers didn't care; in fact as the spokesman was telling them he had letters, one of the officers shouted back, "No, you don't have letters!", and they continued ordering us to get on our knees.   We remained standing and continued trying to open up some kind of conversation.

          At this point, I was standing there with the spokesman, and a few others.   I am about 6'2" tall and about 200 lbs.   The others standing with me were as big, if not bigger, with the exception of an older gentleman to my left.   Since none of us would get on our knees, these fully armed, militarized officers decided to arrest the smallest and oldest person there.   With all their firepower and intimidation techniques, they targeted the least imposing person there.   They put him face down in the dirt and gravel, and cuffed his hands behind him with their zip-tie handcuffs.

          Finally, the man in charge came forward, but when he was presented with the letters, he informed us that he would take them but it didn't matter.   He then folded them up without even really looking at them. It was obvious that those with the money and the guns couldn't have cared less about the injustice taking place, and they were ready and willing to do whatever was necessary to shut us down.

          I was offered a ride by one of the activists, since the Sheriff was so gracious to let some of us go without further incident.   As we made our way down the private drive, we saw at the bottom of the hill the bulldozer that was just waiting to tear through our barricades, and the van of day-labor workers ready to fulfill their job descriptions.   After a couple turns down Hwy 103 another realization occurred to me.   There on the shoulder of the road was an ambulance waiting on stand-by.   Maybe I am mistaken, but it would appear that the Sheriff's Department was prepared to do, and had every intention of doing, whatever was necessary to obey their bank's wishes.

          We pulled into a local convenience store after making it into town.   As we sat collecting our thoughts, and trying to decompress after the events that had transpired, I was struck by something else.   I watched the people of the town as they nonchalantly passed by and it occurred to me that this was a sort of metaphor about our entire society today.   Just up the hill, innocent people were having guns shoved in their faces, people were being evicted from their homes, and much more.   At the same time, the rest of the town went about its daily routine, completely oblivious as to what was going on just around the corner.

Isn't that what is happening in society as a whole?   People all over the world are being victimized, enslaved, oppressed, tortured, and killed.   In the meantime, the majority of people keep turning a blind and/or ignorant eye, simply because they feel it doesn't concern them.   They may not like it, but they refuse to even lift a finger to help because that would interfere with their comfortable, deluded lives.   Little do they know that there is very little standing between their comfy lives and living on the street, having guns pointed at them, or much worse.   By the time they finally do lift a finger, it will be far too late for them.