Banksters #3


 

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For background on this series, check out:  http://janbtucker.com/blog/2012/05/25/banksters-2/

Here’s an example of a mortgage company getting caught red handed in what appears to be Robo-signing.  In an investigation of a document filed with San Bernardino Superior Court by the Law Offices of Randall Naiman (San Diego), the signatures are not just bizarre, but not even similar, for the same person, Mark Armstead (Vice President of Chase Home Finance LLC):

 

In California, a declaration under penalty of perjury is required by Section 2015.5 of the Code of Civil Procedure to state the place (i.e., the City or County and State) where the document is signed.  This is especially important when there is a contention that a signature is a forgery.  The requirement enables an investigation into where a signer was at on a particular date to determine if it was even possible for that person to sign the document.  Note that in both cases above (the first in California and the second in Pennsylvania), neither signature identifies where it was signed….conveniently for Chase Home Finance.

In spite of the defect and the fact that it is intuitively obvious that the signatures on these documents don’t match, the Chino Superior Court Judge who heard U.S. Bank’s motion for summary judgment granted it against the homeowner, enabling her eviction.  I have sent copies of these documents to Attorney General Eric Holder, California Attorney General Kamala Harris and I will soon be sending a copy to San Diego County District Attorney Bonnie Dumanis (where the Chase Home Finance office was located and where the signature was theoretically signed) and to San Bernardino County District Attorney Michael A. Ramos.

If justice means anything in this matter, somebody should be going to jail….but I’m not holding my breath.

 


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National Chicano Moratorium–August 25 2012


 

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Check out the back story on the National Chicano Moratorium Commemoration at:

http://janbtucker.com/blog/2011/08/26/chicano-moratorium-41-years-ago/and:

http://janbtucker.com/blog/2010/08/20/chicano-moratorium-40th-commemoration-8-28-10/

Yesterday at the NCMC (National Chicano Moratorium Committee) planning committee, my motion to invite Kiko Salazar of the National Ramsey Muniz Defense Committee was passed unanimously by consensus.  The basics of what Ramsey Muniz’s case is all about is at:

http://janbtucker.com/blog/2011/12/06/ramsey-muniz-guilty-of-being-latino-and-activist-in-america/

The NCMC Commemoration, as usual, will deal with the unfortunately business as usual aspects of the United States (E.E.U.U.) that spawned the Moratorium over four (4) decades ago:

  • Racism, Sexism, and all other ideologies of oppression
  • War, then in Vietnam, now in Afghanistan
  • Systematic discrimination in education, health care, employment, and virtually every other sphere of human existence

There are many other things to commemorate on August 25….the liberation of Paris from the Nazis in World War II, Uruguayan Independence from Brazil (a fight during which Garibaldi first formed his “Red Shirts,” who would go on to fight for Italian unification and independence), the beginning of the Belgian Revolution for independence from the Netherlands, and the birth of two famous American private detectives, Allan Pinkerton and Jan B. Tucker.  On August 25, 2012, the place to be and the place to commemorate those who fought for those who’ve been imprisoned for, and those who died for Chicano liberation will be at Ruben Salazar Park, 3864 Whittier Blvd, East Los Angeles.


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Resveratrol Study – Keck School of Medicine


 

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I serve on the Community Advisory Board (CAB) to Alzheimers Disease Research Project (ADRP) for Keck School of Medicine’s (USC) Memory and Aging Center (MAC).  The combined acronym becomes CAB-ADRP-USC-Keck-MAC….see if your memory can handle that….

ADRP has launched a study of Resveratrol for the potential treatment of Alzheimer’s Disease:  http://adrc.usc.edu/ongoing-treatment-studies/resveratrol/

An article describing many of the suspected health benefits of Resveratrol can be found at:

http://www.ilifelink.com/illuminol_30_capsules.html?category_id=48&search_string=resveratrol&search_category_id=48

If you or somebody you know is suffering from Alzheimer’s Disease, the ADRP needs your participation.  ADRP also needs people for control groups who are not suffering from Alzheimer’s.  The following link shows how you can get involved in this critical research:

http://adrc.usc.edu/participation/

Alzheimer’s ought to be a feminist issue.  Projected rates of Alzheimer’s disease show women to be not quite at twice the risk of men to develop the disease during their lifetime.

By age 65, 9.1% of American men versus 17.2% of women are predicted to contract Alzheimer’s.  By 85, the figures rise to 12.1% for men and 20.3% for women.

In 2010, an estimated 5.1 million Americans had Alzheimer’s.  By 2050, the raw number is expected to rise to 13.2 million.  It is critical that the world find treatments and/or cures for this epidemic.

 

 


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Mount Kellett’s new litigation nightmares


 

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Mount Kellett Capital Management has found it’s name getting dragged into litigation twice in the last three days.  Both lawsuits have the strikingly similar issue in it of improper stock dilutions, one in the case of Baja Mining and the latter in the case of Evoq Properties of Los Angeles.

Baja Mining’s largest stock owner, Louis Dreyfus Commodities Metals Suisse, alleged (http://www.mineweb.com/mineweb/view/mineweb/en/page66?oid=153598&sn=Detail&pid=102055) in its petition in the British Columbia Supreme Court that “Baja may ‘engineer an arrangement with Mount Kellett’ with the new share issue, unfairly diluting the position of other shareholders in the process.”  Louis Dreyfus also calls into question the ethics of attorneys:  “Louis Dreyfus also lambasts Baja over its choice of independent counsel. Or as Louis Dreyfus terms it: ‘so-called’ independent counsel. Louis Dreyfus alleges that counsel, Fasken Martineau, ‘takes instructions and answers only to Baja, not the shareholders of Baja.’ Louis Dreyfus objects to Fasken Martineau because the firm had previously advised it in its dealings with Baja, which has included arrangement of a credit facility. ”

In Los Angeles Superior Court Case No. BC 487078, filed today in the Los Angeles County Central District, Aztlan Cold Storage is suing Mount Kellett controlled Evoq Properties (formerly Meruelo Maddux Properties) the Plaintiffs seek declaratory relief to establish amongst other things, whether a violation of 17 CFR 240.10b-5 took place during a complex series of events involving loans and securities pledged as collateral.    17 CFR 240.10b-5 states that:

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,

(a) To employ any device, scheme, or artifice to defraud,

(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or

(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.

Violation of an SEC imposed regulation such as 17 CFR 240.10b-5 is made unlawful by 15 USC 78j.  Under 15 USC 77ff, such violations can be punished by up to 20 years in a federal prison along with a fine.

PERJURY & FORGERY

Aztlan’s suit goes on to allege that the filing against it by Merco Group-3185 Washington Blvd LLC of the Superior Court lawsuit BC 479498 was a malicious prosecution, that the allegation that it owed approximately $1.2 million was based upon the formulation and keeping of the proverbial ‘two sets of books’ in violation of Sections 1500 and 1507 of the California Corporations.  The suit also contends that ousted Evoq’s former CEO, Richard Meruelo, who was ousted from control at the behest of Mount Kellett’s operatives, was the victim of having his signature forged to the verification under penalty of perjury which accompanied the filing of that case in the court.  The fact is that on the date at which Meruelo’s signature was purportedly signed to the verification in Los Angeles County, he wasn’t even in the State of California.

WHISTLE BLOWER PROTECTION ACT

Blow the whistle on corporate corruption–get stabbed in the back as your reward!

Aztlan’s Third Cause of Action is brought under the California Whistle Blower Protection Act.  This part of the suit contends that Evoq’s former security director was ousted because he refused to participate — after the advent of Mount Kellett imposed management — in violations ranging from the falsifications of corporate records, to civil rights violations against minorities, a Gay employee, and women who were subjected to quid pro quo sexual harassment (paid more than other women because they were sleeping with a manager).  In addition to forcing him out of his job, the suit also alleges that Evoq converted a portion of the stock that he owned in the company in violation of a court order.

UNPROFESSIONAL & OBNOXIOUS MANAGEMENT

99% of business to business process service goes on without a hitch; normal businesses just accept service and supply the process server with the name and title of the person that’s accepting service…but the Mount Kellett folks who took over at Evoq are REALLY WEIRD!

Having discussed the behavior of the Mount Kellett imposed management of Evoq for the past several months with former employees and people who’d done business with the company both before and after the takeover, I guess I should have been ready for unprofessional, immature,  and generally obnoxious behavior when I went to serve the company with the Aztlan lawsuit.  Anyway, at least the corporate twit I wound up dealing with was kind of entertaining because virtually everything he said was (a) stupid and (b) childish.  In fact, it was like talking to an elementary school bully who thinks he’s real smart.

This twit starts telling me that I’m guilty of “trespassing” by attempting to serve the company with legal process.  This is truly idiotic.  Serving court papers is inherently legal.  To trespass you have to go on someone’s property for an unlawful purpose.  He claims that it was wrong for the security guard on the first floor of their headquarters (they’re in 626 Wilshire Blvd. Ste 850, Los Angeles) to let me go up to their office after I informed the officer that I was there to serve legal papers.  The guard was obviously much better trained than the corporate twit since he knew that he was obligated to give me access under the case of Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal.App.4th 1387, 8 Cal.Rptr.2d 351.  As I explained to the twit, if the guard hadn’t given me access I could have served the papers on the guard and walked out of the building.

It was obvious that the twit wasn’t capable of making independent decisions.  He had to keep going back to his cubicle in the other room, probably to call higher ups or lawyers, every time I brought up a simple legal issue, like whether the company was willing to accept service for Julio Davila (an employee being sued along with the business entities) or whether they were actually going to insist upon my engaging in “due diligence” by coming back two more times and then serving the papers on anybody in charge of the office.  After checking with his handlers, the twit agrees to take the papers for Julio to keep me from coming back and “harassing” them (he seemed like he gained some weird pride in using the word “harassing,” as though I’ve never been falsely accused of it before by some ignoramus who thinks that being served with a lawsuit is some major earthshaking event for a multi-million dollar business).

Finally, displaying the ultimate in sissy – coward behavior, he refuses to give me his name or title claiming that I had “no need” for it, as if this is normal corporate behavior.  Having been serving process since 1973, I of course know that it isn’t…..but that’s just the latest page in the Detective’s Diary…..and below you can find the pages of the latest lawsuit….

http://www.janbtucker.com/files/Conformed_S_C.pdf

 

 

 


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Two New Skeleton’s In the Closet


 

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Two new skeleton’s have been added to my Skeleton’s Closet page at:

http://www.janbtucker.com/jb_tucker_in_action

Edward C. Saucerman

The first new skeleton has been added to the existing closet of Edward C. Saucerman, self-appointed “Titan” of the investigative industry, where we’d previously stored the lawsuit against him and the Fontana Unified School District in which it was alleged by the Plaintiff — a student about to graduate — that Saucerman arrested him just before his graduation was about to commence and got him jailed for several days on suspicion that he might know who did some graffiti on school property!  The new addition to his closet is actually a corpse — it’s a currently active civil rights suit alleging that Saucerman and other private investigators violated the Ralph Civil Rights Act and committed Assault against a disabled African American man filed in the Los Angeles Superior Court.

http://www.janbtucker.com/jb_tucker_in_action

Gregory A. Yates, Attorney at Law

A new closet has been opened up for attorney Gregory Andrew Yates.  A lawsuit by his former client alleges that he committed malpractice and fraud in his representation of her concerning her being attacked by an LAPD Officer Jesse Reyes while — as a reporter — she was covering the 2007 Mayday Demonstration for Immigrant Rights act MacArthur Park in Los Angeles.  This lawsuit also details a series of other actions filed against Yates in court by a former client alleging malpractice (that he settled for a substantial amount), a lawyer who assisted him on a case alleging that he was defrauded out of his fee, a motorist who got into an accident with Yates and said that Yates attacked him and called him a “faggot,” and others.

http://www.janbtucker.com/jb_tucker_in_action

 


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Ed Saucer Man Flies Again


 

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I’m shocked, shocked at the latest revelations about Private Dick Ed Saucerman.

Well, not really.  Nothing he could do would shock me these days.  For background on why, check out:

http://janbtucker.com/blog/2012/03/14/pitiful-practice-in-pasadena-usd/

http://janbtucker.com/blog/2012/02/26/opening-the-skeletons-closet/

What is actually shocking is that people continue to hire him, apparently without first simply “Googling” his name, which ought to be a pre-requisite for hiring a Private Investigator, an attorney, a doctor, or a contractor…….Not doing so can lead to many headaches.  One such headache could have been averted by the Claremont Unified School District (CUSD) and it’s attorneys if they’d bothered to check Saucerman out before utilizing his services:

https://www.claremont-courier.com/articles/news/t3190-cusd-investigation

https://www.claremont-courier.com/articles/news/t3048-claremont-sumner-principal-dismissed

So, let’s review what a school district or an attorney would have found out by conducting even a cursory search of the publicly available sources of knowledge on the internet about Ed Saucerman before hiring him:

  • Saucerman fabricated a testimonial letter purportedly written by a Deputy Attorney General and posted it on his website; the letter falsely claimed that he’d been hired by the California Department of Justice for an investigation
  • Saucerman fabricated a testimonial letter from another private investigator and falsely attributed its contents to the wrong investigator because he’d had a falling out with the real investigator who hired him on the case
  • Saucerman falsely claimed that he would not renew his membership in the California Association of Licensed Investigators (CALI) and then renewed that membership after his disastrous showing in the election for President of CALI’s rival, PICA (Professional Investigators of California)
  • Saucerman was sued for arresting and causing the incarceration of a student at Fontana High School on graduation day for suspicion of knowing who might have painted graffiti on school property
  • Saucerman has repeatedly made deceptive statements to other investigators and the public about his law enforcement experience in an attempt to lead people to believe he’d spent 16-17 years in the Los Angeles Police Department when in fact he didn’t even make it past probation
  • Saucerman was ordered off of the Fontana High School campus due to staff complaints

Now, even if Saucerman was the “Titan” of the investigative profession that he imagines himself to be, it would be extremely unwise for a school district, an attorney or any other client to hire Saucerman knowing this to be his record.  If he ever had to testify in court or any administrative hearing, he’d get beaten up with his reputation for dishonesty at the very least.  If Saucerman had been an employee rather than an independent contractor for the CUSD, he might very likely have gotten the district into a negligent hiring lawsuit, 79% of which are lost by employers according to a 2001 Public Personnel Management report (http://www.iso.com/Research-and-Analyses/ISO-Review/Negligent-Hiring-Employer-Risk.html).

If I was a taxpayer in the CUSD, I’d sure be thinking about filing a lawsuit pursuant to Section 526a of the California Code of Civil Procedure to insure that the district would never again squander public money by hiring either Ed Saucerman or the law firm that recommended him, Fagen Friedman & Fulfrost LLP, again.  Section 526a CCP provides that:

An action to obtain a judgment, restraining and preventing
any illegal expenditure of, waste of, or injury to, the estate,
funds, or other property of a county, town, city or city and county
of the state, may be maintained against any officer thereof, or any
agent, or other person, acting in its behalf, either by a citizen
resident therein, or by a corporation, who is assessed for and is
liable to pay, or, within one year before the commencement of the
action, has paid, a tax therein. This section does not affect any
right of action in favor of a county, city, town, or city and county,
or any public officer; provided, that no injunction shall be granted
restraining the offering for sale, sale, or issuance of any
municipal bonds for public improvements or public utilities.
   An action brought pursuant to this section to enjoin a public
improvement project shall take special precedence over all civil
matters on the calendar of the court except those matters to which
equal precedence on the calendar is granted by law.

The approximately $20,000.00 spent on Saucerman’s services according to the Claremont Courier was a waste of money.  Claremont taxpayers should do something about it.

 

 


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Who I’m Voting For-President/US Senate


 

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This may come as a shock to some people but I’m not now nor have I ever been a Democrat.  Nor am I a Liberal.  As Newspaper Guild founding President Heywood Campbell Broun once said, “A liberal is one who leaves the room when the fight begins.” I’m a second generation member of the California Peace & Freedom Party and I’m an unabashed, unapologetic radical.  That said, take my endorsements however you like them, or if you’re at the opposite end of the political spectrum, feel free to vote the opposite of my endorsements.

Rocky Anderson

President:  in the Peace & Freedom Party primary I’m voting for former Salt Lake City Mayor Rocky Anderson.  On his Facebook page he’s unafraid to openly declare himself a “Radical” and having seen his performance on MSNBC I’m impressed with the way he articulates a rational, radical program of change.

Fred Karger

Republican:  My Constitutional Conservative friends may very well want to make a statement about the state of affairs in their own party by voting for Fred Karger of Political Consulting Dolphin Group fame who is running a pro-LGBTI rights campaign for President.  Those issues are not trivial and Karger deserves a lot of credit for taking his fight to such an inherently hostile audience.

United States Senate:

Kabiruddin Karim Ali

Peace & Freedom Party:  First, I’m voting for KABIRUDDIN KARIM ALI.  Ali is not part of the Feiginite-Berkeley Bullshevik alliance that is the self-appointed leadership of the party and he is to be to be commended for his campaign that is dealing with serious issues and articulating them in a way that can be understood by normal people, unlike the person I’m voting AGAINST.  I’m dead set against Marsha Feinland.  Feinland was one of and still is a member of the Feiginite/Berkeley Bullshevik cabal which in 1994 took one of the most insane positions ever espoused by any American political party.  In response to my call for invoking the anti-boycott provisions of Federal law against Turkey and Azerbaijan for their total blockade of Armenia (and the Azeri pogrom of pillage, murder, and rape that drove 800,000 ethnic Armenians out of Azerbaijan) Feinland and her cohorts on the PFP State Executive Committee voted for a position of punishing Armenia with American sanctions under Section 901 of the Freedom Support Act to punish Armenia for the crime of having been blockaded by its neighbors.  This was a position far to the right of the Turkish Embassy and then Halliburton President and later Vice President of the United States Dick Cheney (who received the Azeri-United States Chamber of Commerce “Freedom Support” award).  One of Feinland’s claims to fame is her service as an elected Rent Control Commissioner for the City of Berkeley, during which her husband — the late and fellow Berkeley Bullshevik John Thomas “Tom” Condit” unlawfully sub-letted his own rent controlled apartment while living with Feinland.

Marsha Feinland

On top of everything else, the PFP leadership — almost exclusively white as it is — has a penchant for recruiting coconuts and oreos to its leadership when it actually engages in affirmative action outreach.  Case in point:  they ran a candidate for Congress in a special election who wanted to bring our troops home from Iraq so that they could secure the Mexican border against undocumented immigrants; they were proud of her because she had a Hispanic surname.  U.S. Senate candidate Ali is an immigrant, knows the issues of immigrants from personal experience, and can reach out to California’s burgeoning immigrant population.

 

 

 


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Wanda the Welder


 

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USS Missouri, the "Mighty Mo," built by Wanda the Welders and Rosie the Riveters

As I ponder Memorial Day I think of the Veterans in my family, both military and civilian.  Two of my uncles and two of my aunts were Navy in World War II.  In World War I my grandfathers, both immigrants from Czarist Russia served.  My paternal grandfather was in the Army at the Battle of Belleau Wood; my maternal grandfather was in the Merchant Marine on the New York to Murmansk run dodging U-Boats with war supplies.

My father couldn’t enlist due to a heart murmur from childhood Rheumatic Fever and served as a civilian millwright – machinist for the Army Air Corps at Hickam Field in Hawaii.

My mother was a Wanda the Welder at the Brooklyn Navy Yard.

She welded on the battleship USS Missouri, where the final surrender of the Japanese Empire would take place in 1945.  She had scars on her breasts which proved her patriotism.  Some women were there just for the money. Some were there for the war effort. The leather coverlets they wore over their breasts were inadequate. Hot metal would burn right through, but they were under orders not to stop in the middle of a weld because it could become like a “cold solder joint” (anybody who’s ever taken basic electronics knows what that’s like) and could sink a ship. The women who were there for the money stopped anyway; women like my mother let the metal burn right through until they finished the weld.


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Banksters #2


 

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For background on this series, go to:

http://janbtucker.com/blog/2012/05/25/banksters-1/

http://janbtucker.com/blog/2012/01/01/why-home-modifications-dont-work-an-exclusive/

Another practice of the banking industry that winds up being abused and misused is to require people—most often minorities and particularly Latinos—to document their income by depositing cash income into their bank accounts. The practice is not inherently unwarranted; it is a simple way to prevent people from inflating their reported income to defraud the bank when they run a cash business. But if one hand at the bank doesn’t know what the a hand at another bank is doing, it can lead to disaster.

According to HSI Trust it was solely to document his receiving rents from his tenants that Leonardo (who lives in California) deposited his cash in Farmers & Merchants Bank, since his tenants pay in cash by agreement. Leonardo needs the income from the rents he receives to qualify for a loan modification. Even though he can show leases and shows he receives rent on his income tax Bank of America in this case is requiring Leonardo to deposit the cash he receives for rent into a bank account to “prove he receives this income.” Leonardo has already provided notarized statements from his tenants and copies of the receipts he writes them (signed by him and the tenant) when they pay, along with tax returns. Bank of America insisted that either the tenants pay rent with checks that Leonardo would be required to copy and deposit and/or do the cash deposit he did.

Leonardo simply wanted to deposit the cash to do what is needed for the loan mod and then withdraw funds so he could pay bills and have spending money. If he simply deducted the cash he needed from the rental money Bank of America would then only count the amount of the deposit, not the full amount of the rents received.

So Leonardo is forced to deposit the full amount so there is a record on his bank statement and then withdraw what he needs. When he went to do his latest deposit though, Leonardo explained this to the teller and was told that she “would have to report him and that the bank would close his account.” The teller would not let him withdraw his own money either after he deposited it.  He was also threatened with a report under the BSA (Bank Security Act of 1970) which requires financial institutions to assist the government in detecting money laundering.

All of the mortgage servicers engage in this process of requiring rent or if any other cash transaction being deposited to “verify” income. This practice disproportionally impacts minorities and in particular Latinos. HSI Trust has also seen this handled differently when the bank’s client’s last name does not identify ethnicity, by having them provide leases or statements from tenants, along with payment receipt copies and tax returns with no requirement to deposit cash.


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Banksters #1


 

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HSITrust HomeSavers    a not-for-profit company

Getting Your House in Financial Order

 Office: 70 James St, Suite 276 Worcester MA  01603 Tel: 508-304-9992   Fax: 508-463-0528 or  508-691-3426  Email  info@hsitrust.org

 L to R: Andrea, Chris Cuomo (ABC Prime Time), and Bruce Boguslav at HSI Trust HQ

This will be the first of a series of horror stories emanating from the work of HSI Trust, a non-profit working out of Massachusetts on a national level attempting to ameliorate and protect the rights of people victimized by America’s financial crisis and the predatory actions of Banks and other financial institutions.  HSI Trust works in tandem with the a coalition of non-profit organization in California, including the California League of Latin American Citizens (CALLAC, I am state director).

Given the national scope of HSI Trust’s work, they are able to detect trends in the way that Banks are dealing with their customers.  One trend that is intuitively obvious to them is that minorities are getting treated differently than white Americans.  For example, one Bank’s employees, whether they are talking about Cambodians, Thais, Vietnamese and other East Asians, they refer to them as “Chinese.”  At the risk of obfuscating that which ought to be intuitively obvious, this is below the standard of ignorant.  The Cambodian language is Sanskrit based (from the Indian sub-continent) whereas the Vietnamese language is more related to Chinese.

One of the predatory techniques used by Banks to ripoff hard-working immigrant communities is to provide them with a translator to help them fill out their loan applications but then not give them a translator when they sign the actual mortgage documents.  This is precisely what Wells Fargo did to a Latino immigrant family in California that HSI is currently working with, and as HSI puts it “Wells Fargo continues to ask for extensive financial documents that we believe would not be necessary if they were not a minority borrower.”

As Bob Dylan once sang, “Money doesn’t talk, it swears.”

 


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