Monday, March 2, 2009

Culprits Among Us, Jenna Kay Clark


What goes around comes around.

Per the Washoe County public records, Jenna Kay Clark, Escrow Officer with First Centennial Title, notarized Keith W. & Jennifer I. Gledhill’s signatures, and the Seller’s signatures for both 2870 Britannia Ct. and 2745 Snow Partridge Dr. Reno, NV 89523. Per the public records of the Reno Justice court, Mr. Gledhill bragged he had learned to use Second Home and owner occupant loans for rental properties from Michael (Reynolds real estate agent with Prudential Nevada Realty) and Jenna (escrow officer with First Centennial) as “everyone is doing them.” Those public records also have that Mr. Gledhill and his clients fired Wells Fargo for refusing to do mortgage fraud and that Wells Fargo spoke with Ms. Jenna Kay Clark about that. Wells Fargo properly notified Ms. Jenna Kay Clark the loans on these properties were fraudulent, as these properties were really rentals. She was given copies of the public record rental ads in the Reno Gazette Journal. Ms. Jenna Kay Clark prior to close of escrow had knowledge detrimental to her clients, the lenders, that the borrower’s loans with these lenders were fraudulent.

First Centennial Title and its employees had a lawful duty to notify immediately the involved lenders. Ms. Jenna Kay Clark did not notify the involved lenders. Wells Fargo then gave First Centennial Title’s manager, Marlene Kelly, the information for the fraudulent loans. She also did not notify the involved lenders. First Centennial Title closed the escrows without ever telling the lenders their borrower’s loans were fraudulent.

Ms. Jenna Kay Clark, her manager Marlene Kelly and First Centennial Title’s duty arose under agency common law, fiduciary relationships and Federal law Title 18, United States Code, Section 1014 Borrower’s Certification “In applying for the loan(s) I/We completed a loan application containing various information on the purpose(s) of the loan(s), the amount and source of down payment, employment and income information, and assets and liabilities. I/We certify that all the information is true and complete. I/We made no misrepresentations in the loan application(s) or other documents, nor did I/we omit any pertinent information.” The borrower’s also signed that “I/We fully understand it is a Federal crime punishable by fine or imprisonment or both, to knowingly make any false statements when applying for mortgages, as applicable under the provisions of Title 18, United States Code, Section 1014.” This certification is on every HUD 1 aka Settlement Statement and is legally required to be prepared by anyone acting as an escrow in conveyance or refinancing of real property. It also applies to the escrow officer. Failure to comply is a felony.

Escrow takes lawful instructions from the seller and the buyer as only per the Offer and Acceptance Purchase Contract. Escrow instructions relating to the seller and buyer not in the Purchase Contract are illegal. Seller and buyer escrow instructions outside of the Purchase Contract are practicing law without a law license. That is a crime. Escrow also takes lawful instructions from the lender for their loan(s), and the real estate broker but only for the real estate broker’s commission. Ms. Clark, her manager and therefore First Centennial Title failed in their agency and fiduciary duties to their clients, the lenders. That is the crime/tort of intentional negligence.

Corruption is guilty or dishonesty practices as bribery, debased in character. Bribery is a felony. According to the courts public records, Mr. Keith W. Gledhill made it his practice to offer his and his client’s current and future business to loan officers, escrow officers and appraisers for their participation in his schemes. That is conspiracy and a bribe.

Conspiracy is a felony. Ms. Clark and her manager self-servingly put their fees they made off these fraudulent escrows ahead of their legal duties to their lender clients. In exchange for the bribe of escrow and title fees, Ms. Clark and her manager, Ms. Kelly, knowingly participated in a conspiracy, mortgage fraud, money laundering, and mail/wire fraud – all felonies and economic terrorism.

Loan Fraud removed the equal playing field of the American free market. It is economic terrorism and money laundering - felonies. An honest investor pays the fees the dishonest investor that falsely obtains a fraudulent loan doesn’t. Therefore, an honest investor cannot compete with a dishonest investor. The price of housing is manipulated up by the loan fraud as a dishonest investor bought that wouldn’t have bought if they had bought as an honest investor.

Mortgage fraud creates a false buyer. That deception adds to the demand for housing. Higher demand drives up prices.

Investors, by fraudulent buying with fraudulent loans, give themselves a hugely profitable, unfair and illegal advantage over other investors that do not do so. A Realtor that refuses to participate in mortgage fraud will always lose the dishonest investor to a dishonest Realtor such as Mr. Keith W. Gledhill. A loan officer that refuses to participate in mortgage fraud, will always lose the dishonest investor to a dishonest loan officer who will do the mortgage fraud. An escrow officer that refuses to participate in mortgage fraud will always lose the dishonest investor to a dishonest escrow officer such as Ms. Jenna Kay Clark.

Fraudulently obtained loans are a potential claim against the title policies. The housing market inevitably adjusts down for the mortgage fraud with a resulting Housing Bust. The fraudulent loans may go into delinquency or foreclosure. A title loss, or property insurance loss, may be deliberately staged when the property goes upside down.

Upside down means the amount owed on the property is more than the value of the property. Fraud is the biggest title policy and property insurance claim. The insurance company’s only defense is to deny the claim for fraud in the obtaining of the policy. That defense does not hold up though when the insurer or a representative of the insurer, such as Ms. Jenna Kay Clark and her manager Marlene Kelly, knew of the fraud and failed to tell the involved lenders. That’s Unclean Hands.

First Centennial’s motive for not telling the home loan lenders was monetary greed. First Centennial collected their escrow and title fees. That was an illegal benefit for First Centennial Title in this case. That was a detriment to their clients, the lenders in this case. It was done at the expense of the involved lenders as they were left screwed for the consequences of the mortgage fraud when the housing market inevitably collapsed.

People are looking for someone to blame as the American Housing Crisis continues to escalate from this American recession into a looming global depression. The lenders of these fraudulent loans will probably be eventually suing First Centennial and Ms. Jenna Kay Clark and her manager, Marlene Kelly, for their participation in defrauding several lenders. I believe a class-action lawsuit against these involved title and escrow companies and personal lawsuits against escrow officers such as Ms. Jenna Kay Clark are a brewing.

Because of the RICO statutes, racketeering is involved. Property (vehicles, houses, furniture, jewelry, appliances, etc.) obtained by Ms. Clark, her manager, Ms. Jenna Kay Kelly and First Centennial Title with these illegally obtained fees should be seized. All the evidence is in a very easily traceable record in the public trail of the Washoe County public records, Multiple Listing Service, Reno Gazette Journal rental ads, Prudential Nevada Realty house flyers, Freddie Mac, Fannie Mae, Title 18 United States Code Section 1014, NRS 645, NAC 645, Realtors Code of Ethics, Reno Justice Court public records, and Washoe County District Court public records.

The image is from http://www.realestateclipart.com/

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