Tuesday, June 25, 2013

Email Correspondence with Alison, The Ombudsman for SPS:

*All of the referenced attachments have been previously posted in this blog.

GmailShelley Olson <shello24@gmail.com>

Re: 3558 Seafarer Dr
4 messages

William Horenburg <williamhorenburg@gmail.com>Sat, Jun 22, 2013 at 1:17 PM

To: Alison Linares <Alison.Linares@spservicing.com>

Cc: "shello24@gmail.com" <shello24@gmail.com>

Sent from Shelley's iPhone

On Jun 22, 2013, at 12:02 PM, Alison Linares <Alison.Linares@spservicing.com> wrote:
Hello Ms. Olsen and Mr. Horenburg,
I spoke with Claude on Wednesday, and he requested proof that SPS has the right to discuss this property. I have that proof ready to send, but I need you to authorize me to release information about the property to him. Please reply to this email and give me permission. SPS is authorized and ready to bring this to a swift conclusion that will hopefully benefit us all.

Thank you

Alison Luna (Linares)
Manager, Consumer Ombudsman
Select Portfolio Servicing
Toll free (866) 662-0035 option 3
(801) 594-6259
Fax (801) 270-7784

Please access the attached hyperlink for an important electronic communications disclaimer:

William Horenburg <williamhorenburg@gmail.com>Sat, Jun 22, 2013 at 3:03 PM

To: Alison Linares <Alison.Linares@spservicing.com>

Cc: Claude Blackman Blackman <claudeablackman@yahoo.com>, Shelley Olson <shello24@gmail.com>

Hello Alison,

We asked our agent to inquire about the amount you are offering. We expect SPS's response to our qualified written request to be mailed to us certified. 

Feel free to relay your offer to Claude for our consideration. 

Thank you.
Shelley Olson and William 
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Alison Linares <Alison.Linares@spservicing.com>Mon, Jun 24, 2013 at 10:49 AM

To: William Horenburg <williamhorenburg@gmail.com>

Cc: Claude Blackman Blackman <claudeablackman@yahoo.com>, Shelley Olson <shello24@gmail.com>

The amount “we” are offering? We understood you wanted to buy the house, and we have not received a qualified written request from you.

Alison Luna (Linares)
Manager, Consumer Ombudsman
Select Portfolio Servicing
Toll free (866) 662-0035 option 3
(801) 594-6259
Fax (801) 270-7784

From: William Horenburg [mailto:williamhorenburg@gmail.com]
Sent: Saturday, June 22, 2013 4:03 PM
To: Alison Linares
Cc: Claude Blackman Blackman; Shelley Olson
Subject: Re: 3558 Seafarer Dr
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Shelley Olson <shello24@gmail.com>Tue, Jun 25, 2013 at 10:03 AM

To: Alison Linares <Alison.Linares@spservicing.com>

Cc: Claude Blackman Blackman <claudeablackman@yahoo.com>, 

William Horenburg <williamhorenburg@gmail.com>, Shelley Olson <shello24@gmail.com>,

turko@kusi.com, "<John.Wilbur@treasury.gov>" <john.wilbur@treasury.gov>, 

"District Attorney, San Diego" <publicaffairs@sdcda.org>, amy.walker@mail.house.gov, 
Joanne Franciscus <joannef@lassd.org>, Leah Simon-Weisberg <leah@tenantstogether.org>, 
chuck.manley@dre.ca.gov, andrew.masters@ic.fbi.gov

Good morning Alison,

On June 17, 2013 Cindie of Excel Properties forwarded our contact information and response to SPS's offer of cash for keys so that we may deal directly with "the bank" (both offer and response are attached). Then we received a phone call from you on June 18th requesting to discuss the situation. We assumed that you had viewed our response and were also aware of the disclosures posted to our front door (attached: "Buyer Beware") and signs in our front windows, as the person at Excel Properties, that posted your "cash for keys" offer took photos. We then asked our agent to inquire about the amount you are offering.

A copy of our third qualified written request is attached. It was mailed certified on June 14, 2013 to SPS: #70121010000320731194. USPS website verifies it was delivered on June 18th and signed for by SPS. This request was mailed certified to Carrington: #70121010000320731217 and RESPA: #70121010000320371200 on the same day. 

We expected to be taken to court after the 90 day notice posted by Ruzicka and Wallace, the lawyer claiming to be authorized to act on behalf of the "owner," expired on April 10, 2013 (see attached "April 25 notices"). We have not heard from Ruzicka and Wallace or Carrington since our final attempt to purchase our home. Our agent submitted our purchase offer to Dess Richardson of Ruzicka and Wallace. Then after a week of no response to our emails and phone calls, Claude received a phone call from them stating: "There is nothing more we can do," and also requesting no  further contact. Now a new lawyer is "representing the owner" and soliciting rent payments to be mailed to ANOTHER company. Again without supplying any proof of ownership (see "new lawyer" attached- to be noted: this letter states that a copy of the deed is enclosed, which it was not). The certified copy of the Trustees Deed that we printed from the county recorders office was robo-signed and has a stamp that states: "This instrument is being recorded as ACCOMMODATION ONLY, with no Representation as to its effect upon title."

A simple google search of Select Portfolio Servicing reveals pages of complaints regarding fraudulent &predatory practices and numerous lawsuits. We will continue to diligently send qualified written requests to SPS, Carrington and anyone else claiming to be the owner or representing the owner every 30 days. After viewing all of the attached documents; letters and disclosures, you should also be well aware that we no longer have any intention of purchasing our home when fraud is clearly involved.

Since September 11, 2012, when the notice of trustee sale was posted to our door, we have dealt with extreme levels of stress and anxiety, uncertainty and immeasurable grief. We have been threatened and harassed by several companies, lawyers and agents claiming ownership or to be representing the owner without providing proof. In addition to harassment damages; our rights under the Protecting Tenants at Foreclosure Act have been violated and likely the CA Unfair Business Practices Act (Bus & Prof Code Section 17200, et seq.) which carries stiff penalties including punitive damages. Our right to quiet enjoyment (California Civil Code 1940.2) has continually been disregarded as well as our qualified written requests (failing to acknowledge receipt within five days and failing to respond within 30 days are also both punishable violations). 

After nine months of frustration and still no legal proof of ownership, we refuse to participate in any further communication in this matter. Future phone calls, emails, posts to our door, etc will be disregarded until a valid and complete request to our qualified written request is delivered to our address via certified mail. 

You are welcome to relay your settlement offer to Claude for our consideration. Or you may choose to take us to court to expedite a legal conclusion to this situation.

Thank you,

Shelley Olson and William Horenburg
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6 attachments
cash for keys.pdf
response cash for keys.pdf
QWR 3.pdf