Monday, March 2, 2009

Cheaters Among Us, John & Kay Sickler



The Internet has become a common ground for sharing viewpoints, both pro and con.

As more people are tuned in to the electronic age it has become increasingly more difficult for the bad practices of any business, no matter how remote or small their marketplace is, to continue without being noticed, as has been the case until now. People of all levels and of experience have increasingly begun to share their opinions concerning the various pluses and minuses of various businesses. Many businesses are not coming out well in these news group discussions.

In the public records of the local courts are an usually high number of evictions that John & Kay Sickler have initiated. What’s interesting about this string of evictions is that they are on houses the Sicklers bought with Second Home loans according to the Washoe County public records. Specifically there were three purchases in Fall 2003 – all local houses.


None were ever owner occupied as according to the Washoe County public records; the John & Kay Sicklers lived elsewhere - locally. The court’s public records also confirm these properties were all rentals as the John & Kay Sicklers at one time or another, had lawsuits against the tenants in each of them.



Home Loan Fraud removes the equal playing field of the American free market. A Second Home Loan Rider unequivocally prevents the ever renting out of a house with the Second Home loan on it. It is a Federal felony to use a Second Home loan to purchase a home in the same locality of where one lives. It is also Federal felony to have more than one Second Home loan at a time.

Borrowers are required to certify in writing that all the information in their loan application is true and complete, they’ve made no misrepresentations in the loan application or other documents, nor did they omit any pertinent information, and that they understand it 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. The penalties are up to $1m and 30 years prison per occurrence, to the borrower, to the loan officer, to the Realtor, in fact to anyone found involved in it.Home Loan Fraud includes any misrepresentations or false statements made or failure to disclose information to obtain a loan for other than the purpose stated in the loan application.



Examples are falsifying pay stubs, W2s, tax returns, Verifications of Employment, asset statements such as bank statements, 401ks and IRAs, Verifications of Rent, rental agreements, home addresses, owner occupancy and Second Home exclusive occupancy. Borrowers are required to sign a Second Home rider when they obtain a Second Home loan. To protect the lender, that Rider is recorded into the public records.


Even having a roommate violates the Second Home Loan Rider: “6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower’s Second Home. Borrower shall keep the property available for Borrower’s exclusive use and enjoyment at all times.”

The Washoe County public records have the same lender and employee of that lender on all these loans: Countrywide and its Reno manager, Ms. Sue Barry http://www.broowaha.com/article.php?id=3415. The Northern Nevada Multiple Listing Service has the same Realtor in their records of these purchases: Mr. David Kahan. Mr. Kahan is also an attorney according to the public records. Realtor David Kahan hired Mrs. Kay Sickler as his assistant.



“Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, . . . terms differing from those actually agreed upon.” is an NRS 645 violation for any real estate licensee.



In the public records of the local courts, the John & Kay Sicklers evicted among several people, one Bonnie Wilson. Ms. Wilson says she is a former Miss Nevada and Realtor with Independence Realty. She fell on hard times as her health failed due to aging. Ms. Wilson’s nephew, Gary, came from back East to help his aunt. He researched NRS 118A and the public court records as well as the Washoe County public records. Gary discovered the string of real estate fraud that the John & Kay Sicklers had been doing as well as the John & Kay Sickler’s history of NRS 118A violations. NRS 118A are the statues that govern landlord tenant relations in Nevada.



Since it is illegal to rent out a property with a Second Home Loan on it, all rental contracts the John & Kay Sicklers entered into with people for these houses are void as one of the elements of a valid contract, it that it must be for a legal purpose. Therefor the John & Kay Sicklers had no legal authority to file evictions on their many houses with Second Home loans on them.

Consequently, the John & Kay Sicklers are also guilty of Unclean Hands.Ms. Wilson and her nephew said they confronted Countrywide’s manager, Ms. Barry, who did not deny the home loan fraud. They also submitted a complaint to the Nevada Mortgage Division and there Ms. Sheila Walthers told them that yes, these activities were several counts of mortgage fraud.



Bonnie Wilson and her nephew spoke with an IRS fraud investigator, as money collected under a fraudulent home loan is Federally classified as the crime of money laundering. They filed police reports of the John & Kay Sickler’s fraud and harassment. They filed the legally required Suspicious Activity Report with the FBI. The filed a complaint with Countrywide Home Mortgage. They filed a complaint with the Better Business Bureau. They filed a complaint with the Nevada Attorney General.Ms. Wilson says she was succeeding when the John & Kay Sicklers pulled a red herring tactic.



John & Kay Sickler set up a sting operation to amputate Bonnie Wilon's nephew’s support of her. Based on that fraud , the John & Kay Sickler's falsely obtained a restraining order against him.



There are numerous Title 18, United States Code, Section 1014, NRS 645, NAC 645, Realtor Code of Ethics and federal income tax fraud violations here. When one looks for answers and who is to be held accountable for the collapse of the housing market, Ms. Wilson suggests that it is these Cheaters Among Us.


Bonnie Wilson believes Countrywide and its employees should have followed Freddie Mac and Fannie Mae’s clear underwriting rules and the Realtors should have followed NRS 645 and their Code of Ethics. She believes if they had and if the police, FBI, Nevada Mortgage Division, Nevada Real Estate Division, Reno-Sparks Association of Realtors, Nevada Attorney General, IRS, and the judges, had taken timely actions they were supposed to do under the law against these prima facie series of crimes, the housing collapse would never have happened and we would not be in this terrible recession we now are in. She believes bribes were offered and accepted.



To me, gloating promoters of the Information Age all too often forget that knowledge has always been about connecting people and their behaviors, not just in collecting information. There has been and continues to be a democratic demand for more relevancy and currency in people’s and organization’s behaviors, and to holding people and organizations accountable for their conduct.I believe that the Internet, the servant to a Knowledge Economy, is the true democratic voice of facts and free speech beliefs.


Using the Internet to do a search is simply a reversion to the search of any life for credentials and integrity of another’s life.Most have access to a computer. Public schools and libraries have free public computer access and training. Most can now instantly post previously hidden facts and their free speech opinions, and access others’ post of previously hidden, even deliberately suppressed, facts and free speech opinions. Happenings and ideology that previously would never have been disseminated are now readily found with a simple Google search. A Google search is just a search for credentials and integrity.The result is that individuals and organizations are suddenly finding their previously hidden illegal, corrupt, lazy, or immoral behaviors, and their secrets, avarice, cravings, or even mistakes, suddenly and rightfully very publicly front and center on the Internet. Integrity, or its’ lack, is immediately exposed in a simple Google search.



Harmful behaviors that once were self-servingly known then to be ephemeral, and smugly relied on by the licentious perpetuators to be such, are now instantly available for analysis and judgment in the permanence the of the Internet. In response, evil raises its specious clamor when it finds itself suddenly and rightfully in the expose spotlight of the Internet. Once exposed, evil then aggressively applies its Unclean Hands to spurious ridicule and makes heavy-handed, manipulative intentionally damaging legal threats of, or illegally pursues, defamation to brutally and wrongly silence the dissemination of facts and muzzle free speech beliefs. The Internet though, has rightfully, quietly and powerfully abdicated the corrupt in its’ contemptuous and former commanding amoral influence in silencing facts and free speech beliefs.

No comments:

Post a Comment