Hawaii Foreclosure | Xee Moua Robo-signing Concerns Forestall Action

Foreclosure: Robo-signing concerns forestall action

A 3rd Circuit Court judge Tuesday postponed ruling on a West Hawaii foreclosure case in order to give a family more time to prove declarations related to their home’s foreclosure were not only defective, but also signed by a professed robo-signer.

Pro se defendants Veronica Belshaw and husband, Steven Quan, contend Wells Fargo Vice President of Loan Documentation Xee Moua did not verify information and simply signed on April 1, 2010, foreclosure-related declarations for their home located on Kalaniuka Street in Holualoa. Moua, in a March 9, 2010, Florida Circuit Court sworn deposition, admitted she signed up to 500 foreclosure-related papers per day without verifying information contained in the documents.

Because of Moua’s involvement in the Florida robo-signing case, Belshaw said the couple believes their home’s foreclosure declaration papers are defective. The couple is seeking to have an October 2010 judgment and decree of foreclosure granted by 3rd Circuit Court Chief Judge Ronald Ibarra thrown out and the foreclosure case ultimately refiled. While the foreclosure could be upheld, Belshaw said she wants the declaration to at least contain the correct information.

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4closureFraud.org

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4 Responses to “Hawaii Foreclosure | Xee Moua Robo-signing Concerns Forestall Action”
  1. Here is that case in a nutshell:

    My fiance and I are victims of organized crime in Hawaii.
    He purchased a property as a B&B (and it is our primary residence) in 2004 from a private seller who was unbeknownst to my fiance, a predicate felon involved in drug dealing and forgery. He could never run it as a business because the seller made his life a living hell and never intended to sell him the property. He just used it as bait.

    Before my fiance came along, the seller withheld that he lost a 225K lawsuit to someone else who he tried to sell the property to and tried to extort. The seller also did not reveal and that he had another lien on the property by the Federal government for growing marijuana.

    My fiance paid him 85K as a down payment which the seller used to pay off the Federal lien and then extorted my fiance for more money or he threatened he would lose his deposit.

    This litigation has been going on for years now and my fiance beat a judicial foreclosure the seller elected because of the amount of equity in the property and because all mortgage payments were timely and my fiance also won a 200K jury award in that case for fraud in 2009.

    The seller’s corrupt drug dealing lawyer filed an appeal claiming fraud was not plead with particularity.

    While the 200K was in appeals until 2013, the seller died and the seller’s lawyer took over.
    While the case was in appeals, the seller’s lawyer created a sham church and conducted a Non-judicial foreclosure auction on the court steps and sold our house in that auction to a sham church and the seller’s lawyer made a criminal homeless guy the overseer of that church and then the seller’s lawyer bidded10 dollars and178K credit on behalf of the homeless guy who was also present. We were there to film it.

    We paid and hired the best attorney we could find to stop the NJF but that attorney took our money and filed nothing.

    Then the seller’s lawyer submitted a quick claim deed and false promissory notes into the state records. My fiance still has the original warranty deed.

    Two months later, the seller’s lawyer transferred our property from the church into the homeless guys name and signed a 50K mortgage note with him stating that if he did not pay the taxes, (of course he never paid one cent, we are paying the taxes) then the seller’s lawyer could foreclose on him. He also stated when he did these filings that no one else had any interest in the property.
    the seller’s lawyer has concealed himself all along because he is very wealthy, so he is putting all this on a shill.

    The title of our home is no longer in our names, but now in the homeless guy’s name (shill), along with our tax records.

    The seller’s lawyer was then caught by us- forging a process server and another attorney’s signature- we hired a handwriting expert to prove it. The seller’s lawyer would post these forged eviction notices on our front gate to terrorize us.

    The appeal for the 200k came back in 2013 and we lost the 200K because allegedly fraud was not plead with particularity., The seller’s lawyer did all these shenanigans while the case was still in appeal. The seller’s lawyer then proceeded to file 2 malicious prosecutions in the wrong court- The lower district court that has no jurisdiction over title matters. The 2nd time he did this, we filed a motion for sanctions to stop him from doing this to us. The judge then ordered that the seller’s lawyer file it in the right court or he would be held for sanctions and so he did and that is where we are now, dealing with a motion for quiet title against us and a motion for summary judgment that just arrived today. We managed to remand the case to Federal court where the judge disqualified the the seller’s lawyer as a necessary witness at trial and now the seller’s lawyer has hired a new attorney to represent the homeless guy. The Federal judge then remanded the case back to the state court where we don’t believe we will get a trial. The judge in the state court now is suddenly leaving the bench and another judge that had been in the case prior but did us wrong (evidence tampering and more) is taking over.

    They want to steal our house without a trial or a jury trial. The prior judge that is leaving the bench dismissed our amended answer and counterclaims claiming we have no standing because our corporation sole is on the original note and we can’t represent it. We now need someone to help us.

    While we were in Federal court, our corporation sole was defaulted because we did not know that we had to answer to that, just answer for ourselves, since the corporation sole was already dissolved in 2012 because that seller’s lawyer kept suing it. There is also an HRS statute that states we can represent a corporate sole if it is winding up, and in 2011 a judge awarded my fiance the property in a divorce settlement. In 2012 we filed a quick claim deed to put the property in our names so we could represent it without having to pay more attorneys. We already paid 187K in attorney fees and put 6 million dollars into the property. We need to file a motion to overturn our defaulted corporation sole now because we honestly did not know that we had to answer for a defunct corporation and thought we could represent our own interests since we are personally named on the complaint, and my fiance was a co-signer on the original note.

  2. david black says:

    why dont these people demand the original blue ink note and deed of trust be produced and demand that it be authenticated as a foreclosure defense that the fraudster bank and or agent has no standing to foreclose

    and if it is a predatory loan that is a fraudulently obtained loan in the first place.

    if that bank does not have the original deed of trust and/ or blue ink notes then it has no standing in a cour tof law to foreclose on anything an a quite title action can be filed pro se by the homeowners to strip the llen from the house. ie no security against the loan. and a bankruptcy can stop the foreclosure with an automatic stay.

    geez wh y fight that way. fight smart NOT expensive and at a dead end when there are so many other smarter ways and a lot more expensive fo r the bank and its agents.

    david

    • Veronica says:

      Hello David,

      In response to your comments, I was doing my best to represent myself pro-se; The foreclosure of the property has driven my finances to bankruptcy, at the last moment i.e. a few days ahead I had notice of two court cases 2.5 hours drive apart to appear to on the same day; Bankruptcy or foreclosure court.

      Being that we do not have a precedent of anyone having their case thrown out (face it, the banks are big and they have resources to lobby the most inane causes) I had approached several Hawaii attorney’s in representing my case but was turned down to either a conflict of interest (working relationships with other attorneys in bed with the banks)

      I used my resources as far as I could go, my marriage, funds, time (I have to work and study full time too) and patience had since worn thin and life becomes overwhelming when it’s not going in the direction one intends. It now became my prerogative to move on so I chose to Bankruptcy which means I must relinquish any claims or pending lawsuits, including the motion to set aside the foreclosure.

      My ex spouse and I put a hefty down payment into the said property, it’s a case of very bad timing, economy and judgment on our part for which we do take personal responsibility for.

      I wish the next few people who challenge the system my very best. I am very confident my choice to move on is the right choice and there is no doubt in my mind I’ll do financially well in the long term as opposed to holding on to that which has already passed. The lesson has been learned and understood.

      All I urge you to do is to understand the circumstances surrounding decisions people make not all is black and white; while your strategy is strong It wasn’t in my knowledge at the time I pursued the foreclosure at the time.

      Mahalo

      Veronica

  3. losing my home in florida says:

    obviously if this effecting hawaii to it is a national catastrph. why canyt get our elected officials to help not even the locals want to help its almost like we are each idividuals and we are by ourselves. we need help to keep our homes. we arer stress the kids are feeling this. they go to school this has to stop. i am also with wells fargo total fraud fraud when we be heard when. our stors are all hte same from all th e banks. its quite a mess. if you live in florida please we are going to tallahassee on march 9th. the rally in tally we need to storm the capitol in numbers and show our support for each other please

    from johns blog……….http://www.piggybankblog.com/2010/01/05/johns-daily-blo/comment-page-1/#comment-5011
    ” I had a dream that I was looking over a beautiful green pasture, which was surrounded by these beautiful Yosemite like mountains. I could also see that there was a herd of sheep grazing in the middle of this green pasture, while being totally unaware that there was a wolf lurking in the forest that surrounded them. I could see this wolf slowly creeping up on them, while being camouflaged by the brush that was dividing the forest from the pasture. However, when I looked a little closer, I could see that the wolf was not looking at the herd of sheep at all, but was instead focusing intensely on this one sheep that had drifted away from the herd some distance. I watched this wolf not take its eyes off this one sheep, as it slowly put one foot in front of the other, while it moved closer and closer to this one sheep. Then I woke up. This is why it is important that we all stay together (wink).”

    none of us can do this alone please every form your own state ralls to our capitols please we need to beat this together

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