Testimony To The Lord

Tinypic Video

2009-12-11T01:38:00.001-08:00

Opposition to Trustee's Motion to Squash Subpoena

2008-11-09T04:34:00.001-08:00

“A good name is more desirable than great riches; to be esteemed is better than silver or gold.” - Proverb 22:1

Praises & Thanks be unto The Lord My God for the wisdom, knowledge and understanding on legal matter because I received countless feedbacks from folks facing foreclosure and bankruptcy around the United States as follows:

Comments: "I have been inundated with TILA questions. So I went out hunting to see if anyone had already written about it in terms that a lay person might be able to understand. What I found is shown below. I believe it to be generally correct and the citations are good citations of law. See this site for the entire write-up. It should give most lay people an idea on how to handle this and it will be valuable to your lawyer if he/she is not totally familiar with the TILA context at the following link:" http://rcxloan.com/Civil_Action_BK_Motion_14.htm. Statement made by Attorney at Law, Neil F. Garfield, M.B.A., J.D.

A STORY TO THINK ABOUT
“Once upon a time in the Ancient Roman Empire, 27 BC, there were two men living in Jerusalem. One was named Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, a rich man whose land was worth close to $700 billion in today‘s money; the other, Mr. Augustin, a farmer whose land was worth $300,000. One day, Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust asked Mr. Augustin to give him his land, that he may have it for a vegetable garden. But, Mr. Augustin said to Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, “The Lord forbid me that I should give to you the inheritance of my fathers”.

When Jezebel, the wife of Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, heard what Mr. Augustin said to him. She said, don‘t worry love, I will take care of the matter? Arise, eat bread, and let your heart be joyful; I will give you Mr. Augustin‘s land. So, Jezebel wrote letters in Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust’s name and seal them with his seal and sent letters to the elders and to the nobles who were living in Jerusalem. Now she wrote in the letters, saying, proclaim a ‘relief of stay trial’ in the absence of Mr. Augustin. Then, issued a decree that Mr. Augustin’s land is now Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust.

So the men of Jerusalem, the elders and the nobles did as Jezebel had sent word to them, just as it was written in the letters which she had sent them. Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust take possession of Mr. Augustin’s land which he had refused to give. The sad part is that Mr. Augustin was forced off his land illegally and fraudulently. Mr. Augustin left with nothing and forced to seek refuge from Jerusalem to a land called ‘Fairfax, Virginia’ to start from scratch. Whereas, Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust became more wealthy with the unwarranted possession of his and hold more than $700 billion of assets as a result.

Questions? Why was Mr. Augustin absent in the relief of stay trial? Why did the elders and the nobles just do as Jezebel asked them? Let us all fast forward in 2008, what do you think the elders and the nobles should have done differently?”

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UNITED STATES BANKRUPTCY COURT OF DELAWARE

Pierre Richard Augustin, PRO SE )
Consumer Creditor and Party In Interest )
)
v. ) 07-10416-KJC
)
New Century Mortgage Corporation Et Al, )
Debtors. (NCM) )

I. Motion to STRIKE and to Object of Trustee’s substitution for Non-Parties Witnesses
II. Motion To OBJECT Liquidating Trustee’s Motion to Squash Deposition of 10/01/08
III. Motion to COMPEL Deposition, To Produce Document & Assume Cost of Discoveries
IV. Motion to REVISE Scheduling Order to Reflect undue Delays
V. REQUEST FOR JUDICIAL NOTICE

"...to remain silent and indifferent is the greatest sin of all..."
- Elie Wiesel, a Holocaust victim and writer

“Our regulatory system must protect consumers and investors by punishing individuals who engage in fraud, break contracts, or lie to customers -- like the predatory lenders who know you can't afford an adjustable rate mortgage, but mislead you into signing one. These actions are criminal and the people who commit them should be behind bars.”
- Statement by a Presidential Candidate

“The prospect of waging a protracted discovery battle with all of these well funded parties in hopes of uncovering evidence of predatory lending can be too daunting even for those victims who know such evidence exists. So imposing is this opaque corporate wall, that in a “vast” number of foreclosures, MERS actually succeeds in foreclosing without producing the original note--the legal sine qua non of foreclosure--much less documentation that could support predatory lending defenses”.
- Inside B&C Lending, supra note 431, at 14 (quoting MERS CEO R.K. Arnold)

A STORY TO THINK ABOUT
“Once upon a time in the Ancient Roman Empire, 27 BC, there were two men living in Jerusalem. One was named New Century-Chase Home Finance, a rich man whose land is worth $400 billion in today‘s money; the other, Augustin, a farmer who land is worth $300 billion. One day, New Century-Chase Home Finance asked Augustin to give him his land, that he may have it for a vegetable garden. But, Augustin said to Century-Chase, “The Lord forbid me that I should give to you the inheritance of my fathers”.

When Jezebel, the wife of New Century-Chase Home Finance, heard what Augustin said to him. She said, don‘t worry love, I will take care of the matter? Arise, eat bread, and let your heart be joyful; I will give you Augustin‘s land. So, Jezebel wrote letters in New Century-Chase Home Finance’s name and seal them with his seal and sent letters to the elders and to the nobles who were living in Jerusalem. Now she wrote in the letters, saying, proclaim a ‘relief of stay trial’ in the absence of Augustin. Then, issued a decree that Augustin’s land is now New Century-Chase Home Finance.

So the men of Jerusalem, the elders and the nobles did as Jezebel had sent word to them, just as it was written in the letters which she had sent them. New Century-Chase Home Finance take possession of Augustin’s land which he had refused to give. The sad part is that Augustin was forced off his land illegally and fraudulently. Augustin left with nothing and forced to flee from Jerusalem to a land called Virginia to start from scratch. Whereas, New Century-Chase Home Finance became more wealthy with the unwarranted possesion of Augustin’s land and hold $700 billion of assets as a result.

Questions? Why was Augustin absent in the relief of stay trial? Why did the elders and the nobles just do as Jezebel asked them? Let us all fast forward in 2008, what do you think the elders and the nobles should have done differently?”

FUNDAMENTAL BASIS OF ARGUMENT
1. Rule 11 - Useful tool of the Court to restraint frivolous & abusive litigation such as delay, and obstruction of Judicial, administrative and consumer investigations and discovery.

Under the guise of a Motion to Squash, the Lawyers for the Liquidating Trust are presenting, to this court an ‘improper purpose’. At best, this motion to Squash can be strictly classified an improper purpose to cause delay or other improper objective that Consumer Creditor cannot decipher.

“The civil justice system in the United States depends on the willingness of both litigants and lawyers to try in good faith to comply with the rules established for the fair and efficient administration of justice. When those rules are manipulated or violated for purposes of delay, harassment or unfair advantage, the system breaks down…. My experience as a participant in and observer of civil litigation has convinced me that abuse of the judicial process… is widespread. Abuse of the judicial process occurs most often in connection with discovery. Unjustified demands for and refusals to provide discovery prolong litigation and drive up its costs. Fabrication and suppression of material facts are regrettably common occurrences, although lawyers and judges are often reluctant to admit it.” (Charles B. Renfrew, Discovery Sanctions: A Judicial Perspective, 67, CAL. L. REV. 264, 264-65 (1979)(citations omitted).”

2. Judge’s Order of June 24, 2008 was in effect prior his August 1, 2008 Order
a. Rebuttal of ¶ # 3,4 & 5 from Trustee’s motion
b. Extracted from August 20, 2008 Transcript, page 59 to 62

THE COURT: All right. Mr. Augustin, as the debtor has indicated in its pleadings, I must first address a threshold issue, and that is whether I should even get to the merits of any claim that you might have, because it was later field. And the standard I look to is the one that the debtor has described in its papers, and that is, I must consider the following factors. One, the danger of prejudice to the debtor, two, the length of the delay and its potential impact on judicial proceedings, three, the reason for the delay, including whether it was within the reasonable control of the movant, and four, whether the movant acted in good faith. There is no one factor that’s dispositive. Not necessarily all are to be considered. I look at those factors and I find, as you might have gleaned from my discussions with debtor’s counsel at the outset of this hearing that I don’t see much prejudice to the debtor in allowing the late claim. The reason for the delay and whether you acted in good faith, I would say against another backdrop might not carry a lot of weight with me, but it’s obvious that you have been aggressively pursuing this dispute whether it has merit or not. And it seems to me your positions and your multiple filings support the view that you certainly didn’t intend to pass up on an opportunity to make a claim knowing that you had one. So for those reasons on balance I will allow it. Now, the next question in my mind is whether, and we won’t reach the merits today, but the first question in my mind, Mr. Samis, I’ll direct to you, and that is, is this a matter that needs to proceed by adversary or is it a contested
matter?

MR. SAMIS: Well, Your Honor, I would say that given the rules that would govern an adversary proceeding and the rules that would govern a contested matter, I think this would be better, we would better be able to pursue the matters I think as a contested matter in the court case. I think that we can probably -- now that the issue of whether or not the claim was late filed is resolved, I think that the debtors can better and formally communicate with Mr. Augustin to reach a resolution at this point.

THE COURT: Well, let’s do this. Let’s put it on for statue in the August Omnibus hearing and, Mr. Augustin, if the matter’s not resolved by agreement before that time, you may participate by telephone, you will not need to appear personally for the hearing in August, which is which date?

MR. SAMIS: Your Honor, I would have to go back and check, but I can circulate it. August 20th, I believe, Your Honor, is that correct, at 2:30 p.m.

THE COURT: August 20th at 2:30. But if it’s not resolved at that point, my intention would be to enter a scheduling order not unlike what I would schedule in an adversary proceeding. I would also likely order mediation. Now, Mr. Augustin, what I want you to be aware of is, if the matter’s not resolved, you’re perfectly free to press your claim. Don’t take any remark of mine to be considered my advice to you that you settle. But if you decide to press forward and bring to me the merits of your claim against New Century, you will be required to comply with the requirements of the Bankruptcy Code, the bankruptcy rules, our local rules and any order that I enter governing the conduct of this litigation. And the fact that you choose to represent yourself will not excuse you from compliance with any of those requirements, and you need to understand this. So I’ll give Mr. Samis a chance to discuss with you whether you can resolve this matter after this hearing. If not, we’ll hear from you in August, we’ll set up a schedule for the taking of discovery and other things that are necessary to govern the resolution of this dispute.

3. Full Discoveries Rights Granted By Judge on August 20, 2008
Rebuttal for ¶ #9, #10, #12, #14, #15, #16, #17, #18, #19. Incidentally, Consumer Creditor did follow local rules in giving Trustee ‘reasonable time’ to produce witnesses and documents and that Consumer Creditor “will have all the rights that you would have had had this been commenced as an adversary proceeding“ quoted statement of Judge Kevin J. Carey.

Extracted from August 20, 2008 Transcript, page 69

“MR. AUGUSTIAN: -- you gave the option to -- to the attorney Christopher whether I should proceed as an adversary proceeding or contested matter. He chose adver -- contested matter. I was not called forward to ask my opinion. That’s why I stepped forward to --

THE COURT: Yeah. Well, the --

MR. AUGUSTIAN: -- let the Court know.

THE COURT: I guess the -- the short way of -- of responding to that is we can design pre -- pretrial procedures basically to afford whatever due process rights you would like to have. So, in substance, there’s going to be no difference at the end of the day. So, you will have all the rights that you would have had had this been commenced as an adversary proceeding. And, it’s actually procedurally probably better for you that it proceed that way. So, we’ll make it so that there is no difference. Do you understand what I’m saying?

MR. AUGUSTIAN: Yes, Your Honor. I was just reading the -- the rules as it states. So, I am not expert in the law. But, if you feel that way, that I -- all my rights will be protected, then -- it’s on the record. Then, if -- if some time I feel it does not and something fall through the crack, I’ll file an appeal.

THE COURT: Well, you know where to find me.

MR. AUGUSTIAN: Okay.”

3. Assignee Liability rules render the holder of an assigned mortgage loan liable for the legal violations made in the origination of the loan. Liquidating Trustee is now in the shoe of New Century Mortgage.

4. Securitization of Mortgage Loan
Your Honor, five decades ago, Consumer Creditor could have asked only to depose just one party since one company was in charge for the full servicing of the loan. However, with the complexity of securitize instrument and the fact that servicing rights have changed hands, Consumer Creditor must served both old and new businesses or anyone/entity that came into contact with his mortgage loan (see figure a below) such as Brokers, originator, MERS, master servicer, sub-servicer, special servicer, trustee, seller, underwriter, underwriter’s due diligence contractor & others to bring forth information that will tend to lead to admissible evidence and have some bearing on this case. For a list of parties to be deposed, please see the parties that are listed on the certificate of service.

I. MOTION TO STRIKE & TO OBJECT To Trustee’s Motion to Squash
A motion to strike is defined as a request for a judge's order to eliminate all or a portion of the written Liquidating Trustee’s Motion on any one of several grounds. A motion to strike is applicable when a motion contains “redundant, immaterial, impertinent or scandalous” materials or legally insufficient defenses. Thus, Consumer Creditor object and move to strike those [p]ortions of his motion on paragraphs #11, #13, #21 to # 24 and any testimony on the part of the Trustee in reference to the Emergency Motion cannot be allowed since Counsel for the Liquidating Trust cannot substitute himself into the shoes of Non-Parties Ordinary Witness or speak in their names.

Trustee can’t testify. Trustee must produce witnesses. Trustee can’t testify for witnesses. Also, Consumer Creditor object to Trustee’s various objection classified as (“Objection”) to the Emergency Motion since Consumer Creditor is entitled as a matter of right to file motion to the Court for an Order or Permission to do something. Trustee cannot be allowed to give any testimony or speak on behalf of non-party witness. Trustee is not a witness, Trustee cannot testify”. Therefore, Consumer Creditor moves this Court to refrain Trustee to step into the shoe of non-party witnesses or speaking on their behalf.

II. MOTION TO OBJECT Liquidating Trustee’s Motion to Squash Deposition of 10/01/08
1. Prime Ordinary Witnesses
Robert K. Cole, Brad A. Morrice, Edward F. Gotschall and Patti M. Dodge are ordinary non-parties witnesses that served as officers and directors of a publicly-held company whose shares were registered with the SEC pursuant to the Exchange Act, traded on the New York Stock Exchange, and governed by the Federal securities laws. They each had a duty to disseminate information with respect to the Company’s business, operations, financial statements and internal controls. They also control the content of the press releases, SEC filings and other public statements issued by New Century.

The New Century Officers’ were controlling persons of the company due to their senior executive positions therewith; their direct involvement in its day-to-day operations including its financial reporting and accounting functions; and their signatures on and participation in the preparation and dissemination of New Century’s public filings. Thus, the New Century Officers had the power to influence and control and did influence and control, directly or indirectly, the decision making of New Century, including the content of its financial statements and public statements. These Executives were each involved in drafting, producing, reviewing and/or disseminating the statements and set the company policy to its employees, business partners and its agents regarding underwriting and credit practices. Therefore, they are prime ordinary witness subject to discovery and deposition in accordance with the rule of law.

III. Motion to COMPEL Deposition, To Produce Document & Assume Cost of Discoveries
At the hearing on August 20, 2008, The Honorable Judge Kevin J. Carey said that Consumer Creditor “will have all the rights that you would have had had this been commenced as an adversary proceeding”. Pursuant to Fed.R.Civ.P., Rule 37(a), Consumer Creditor requests an order compelling Trustee to produce witnesses for deposition questioning at the expense of New Century Mortgage and/or Liquidating Trust. Consumer Creditor requests an award of costs to cover all future deposition questioning due to undue delayed since he is not requesting objectionable, private, privileged or otherwise confidential information.

The general rule of discovery is that parties may obtain information regarding any matter relevant to the subject matter involved in the pending action so long as the matter is not privileged. It is not grounds for objection that the information may be inadmissible at trial, if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Thus, the Court must compel Counsel to produce requested documents and assumed full cost of present and future discoveries.

Since Trustee is opposing the deposition of ‘designated deponents & Debtors’ former officers’ and is in control of facts peculiarly within Debtor's knowledge (Transcript p 70: 12-21, “Obviously you had said why don’t you, in the meantime, reach out to Mr. Augustian, investigate the facts and circumstances on -- you know, from a substantive perspective, and determine whether or not there’s any way to settle the claim. I did commence an investigation and spoke with the former general counsel of the company, who is now functioning as a consultant. The results of that investigation at our transition meeting I did produce to Mr. Carickhoff, so he has them), as is the case in the instant proceedings, and it is not asserting a privilege or immunity from the discovery request, the burden of proof must necessarily shift from the proponent of depostion to the opponent of deposition.

If Trustee is claiming the seeking of deposition as privilege, he must supply the court with sufficient information to enable the court to determine that each element of the privilege is satisfied. Kelling v. Bridgestone/Firestone, Inc., 157 F.R.D. 496, 497 (D.Kan. 1994); F.T.C. v. Shaffner, 626 F.2d 32, 37 (7th Cir. 1980). A failure of proof as to any element of the privilege causes the claim of privilege to fail. Kelling, 157 F.R.D. at 497; Bulk Lift Intern., Inc. v. Flexcon & Systems, Inc., 122 F.R.D. 482, 492 (W.D.La. 1988).

IV. MOTION TO REVISE Scheduling Order to Reflect undue Delays
Due to the unforeseen circumstances and realization that Consumer Creditor will need documents and deposition from many individuals and third party witnesses, the schedule of discovery should reflect that reality.

V. REQUEST FOR JUDICIAL NOTICE
Pursuant to Federal Rule of Evidence, Judicial notice in federal court is based on the notion that certain undisputed facts or incontrovertible propositions exist that may be accepted as true without further proof. A court must take judicial notice "if requested by a party and provided with the necessary information." Federal judicial notice is appropriate when a fact "not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned."

“Lincoln defended a man named William "Duff" Armstrong, who had been charged with murder. (1) Armstrong's co-defendant, Jim Norris, had already been convicted of murder, and Armstrong was to be tried next. (2) The testimony at Norris' trial was that, on the evening of August 29,1857, Armstrong and Norris argued with a man named Metzker, who was later found dead. Charles Allen was the state's key eyewitness. (3) Allen claimed he saw Norris and then Armstrong strike Metzker in the head. (4) The prosecution used Allen's eyewitness testimony to convict Norris. (5)

During Armstrong's trial, Allen again presented testimony similar to his testimony in the Norris trial. (6) Lincoln cross-examined Allen in great detail, directing much of his examination to Allen's claim that he had seen the whole attack on Metzker in bright moonlight on the evening of August 29, 1857, from a distance of some 150 feet. (7) At the end of the cross-examination, Lincoln produced an 1857 edition of an almanac that contained information that the moon would not have been shining brightly on August 29, 1857. (8) Based on that information, Lincoln argued Allen could not have clearly seen the attack from 150 feet away. (9) Many have since posited that Lincoln's production of the almanac--and the lower court's judicial notice of it--broke the prosecution's case and won the acquittal of Lincoln's client. (10)

But did the court properly allow the almanac? Without question, the issue of whether the moon shone brightly that evening was relevant and vital to the prosecution, because Allen testified he could see the attackers at night some 150 feet away. But whether the moon shone brightly that evening was also a basic, indisputable fact, which is precisely why a trial court correctly allowed it.?”

Like Abraham Lincoln, Consumer Creditor would like the court to take Judicial Notice of the underlying causes of mortgage fraud and loose underwritings led partly for 1) the 451-page (too many pages to include as exhibits, but it is online at congress website & common knowledge to all americans) Emergency Economic Stabilization Act that grants the Treasury secretary unprecedented authority to buy up to $700 billion of troubled assets from ailing financial institutions in an effort to stave off more bankruptcies and provide cash for new loans to ease the credit market freeze-up.

2) “President Bush Signs H.R. 1424 Into Law - On Friday, October 3, 2008, the President signed into law: H.R. 1424, the Emergency Economic Stabilization Act of 2008, Energy Improvement and Extension Act of 2008, and Tax Extenders and Alternative Minimum Tax Relief Act of 2008, which authorizes the Secretary of the Treasury to establish a Troubled Assets Relief Program to purchase troubled assets from financial institutions; provides Alternative Minimum Tax relief; extends expiring tax provisions and establishes energy tax incentives; and temporarily increases Federal Deposit Insurance limits.”

Furthermore, during the debate of the bill in both the House and the Senate by Expert Economists, Financial Executives and speeches by members of congress, the common theme was that loose underwriting guidelines and mortgage fraud were some of the causes that led to this financial crisis.

3) Incidentally, Consumer Creditor had received a similar subprime loans with adjustable interest rates from New Century Mortgage, in reality, it was a predatory loan, similar to what Countrywide had issued and Bank of America offered to settle with many states’ Attorneys General. Here is a copy of the Wall Street Journal article:

“OCTOBER 6, 2008, 4:05 P.M. ET Bank of America in Settlement Worth Over $8 Billion , Nearly 400,000 Borrowers Covered in Deal With State Attorneys General Over Risky Loans Originated by Countrywide Financial By RUTH SIMON.

In a sweeping deal that could be worth more than $8.4 billion, Bank of America Corp. has agreed to settle claims brought by state attorneys general regarding certain risky loans originated by Countrywide Financial Corp. The bank agreed to settle claims over risky loans originated by Countrywide Financial.

The deal will cover nearly 400,000 borrowers, Bank of America announced on Monday. It will apply to borrowers who took out subprime loans with adjustable or fixed interest rates as well as those with option adjustable-rate mortgages that are serviced by Countrywide, which was acquired by Bank of America on July 1. Option adjustable-rate mortgages allow borrowers to make a minimum payment that may not even cover the interest due and can lead to a rising loan balance. The cost of the program will be shared by Bank of America and investors who own securities composed of mortgages originated by Countrywide or by third parties who sold those loans to Countrywide. The eligible mortgages were originated prior to Dec. 31, 2007.

"With this settlement, we have the first-of-its-kind mandatory loan modification program," said Illinois Attorney General Lisa Madigan, who had filed a civil lawsuit alleging that Countrywide engaged in unfair and deceptive practices. "This program is going to help homeowners stay in their homes, which ultimately helps investors," she added. "It will shore up communities and therefore it will help with the economy." Under the terms of the deal, Bank of America has agreed to, where possible, modify the terms of these loans where borrowers are seriously delinquent or likely to become so after their interest rate or monthly payment resets. Bank of America will first try to refinance borrowers into government-backed loans under the federal Hope for Homeowners program, which will generally require a reduction in the principal of the borrower's loan.

Another option is to reduce the borrower's interest rate to make the loan more affordable. In some cases, borrowers' interest rates may be reduced to as low as 2.5%, then rise in a stepwise fashion over time, a Bank of America spokesman said. "We are seeking to put customers into loan modifications that are affordable and sustainable," the spokesman said. Under the program, borrowers' mortgage-related payments shouldn't exceed 34% of their monthly income. The modifications will be offered to borrowers who live in their homes and not to investors.

For borrowers with option adjustable-rate mortgages, Bank of America will reduce loan amounts so that borrowers have as much equity, if not more, than when they took out the option ARM, a Bank of America spokesman said. Bank of America won't charge borrowers for modifying the loans and will waive any prepayment penalties for those with option ARMs. The value of the modification program is as much as $8.4 billion, according to the Bank of America spokesman. The costs of the program "have already been estimated and accounted for" by Bank of America as part of its acquisition of Countrywide, the spokesman added.

The Countrywide settlement is likely to become the largest "predatory lending" settlement in history, said California Attorney General Edmund G. Brown Jr. in a statement. The agreement would dwarf the nationwide $484 million settlement with Household Finance Corp. in 2002, he added. Countrywide has faced civil lawsuits from a number of states, including California, Florida and Illinois. Those three states played a key role in negotiating the settlement, a Bank of America spokesman said. The Countrywide settlement "will be a good framework" for negotiations with other mortgage companies, said Florida Attorney General Bill McCollum. Mr. McCollum added that the precise details of the program are still being finalized.

In some cases, changing the terms of the loan will require the approval of investors who hold securities made up of loans that are serviced by Countrywide. Bank of America "will continue to work with investors" to get approval for the modifications, the Bank of America spokesman said. "We believe this creates a win-win for investors and for customers." Bank of America has also set aside $150 million to provide relief for borrowers in foreclosure by, in many cases, refunding portions of closing costs and fees associated with the loan. Another $70 million has been put aside to provide financial assistance to borrowers who will lose their homes to "help them get on their feet and leave the mortgage premises in good condition," a Bank of America spokesman said. While loan modifications will be offered nationally, the additional $220 million will be made available to residents of states that ultimately sign an agreement with Bank of America.

In addition to California, Florida and Illinois, attorneys general in a number of other states, including Arizona, Connecticut, Iowa, Michigan, North Carolina, Texas and Washington, are also expected to sign the agreement, the Bank of America spokesman said. Bank of America will begin sending offers to borrowers who qualify for a modification by Dec. 1. Bank of America won't initiate or advance foreclosure sales for borrowers who are likely to qualify for a program until a decision has been made regarding borrowers' eligibility.”

CONCLUSION
Counsel for New Century Mortgage, the Liquidating Trust and others in this case are not without legal objections and legal technicalities so as to avoid the litigation on the merit of Consumer Creditor’s claim. However, now the time has come for the opposing counsels to rise above and behind legal technicalities in accordance to their Attorney’s Oath to support the Constitution of the United States:

“I (repeat the name) solemnly swear that I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, or give aid or consent to the same; I will delay no man for lucre or malice; but I will conduct myself in the office of an attorney within the courts according to the best of my knowledge and discretion, and with all good fidelity as well to the courts as my clients. So help me God.”

Relief Requested

As eloquently stated by one of the presidential candidate:

“Our regulatory system must protect consumers and investors by punishing individuals who engage in fraud, break contracts, or lie to customers -- like the predatory lenders who know you can't afford an adjustable rate mortgage, but mislead you into signing one. These actions are criminal and the people who commit them should be behind bars.”

Consumer Creditor is not looking for sympathy. Consumer Creditor is not looking to be rewarded. Consumer Creditor is not here seeking the punishment of Debtor, Liquidating Trust and potential ordinary parties or non-parties witnesses. Consumer Creditor is seeking an Order from this Court to do what the law of discovery empower him to accomplish in gathering information that will tend to lead to admissible evidence by using the tool of deposition beyond the 100 miles.

Your Honor, the public has an interest in the orderly administration of justice. Public policy favors the full litigation of the mortgage fraud claims on its merit and to broadly conduct full discovery. (See U.S. v. Premises and Real Prop. At 4492 S. Livonia Rd., F. 2d 1258, 1263 (2d Cir. 1989), see also U.S. v. All Assets of Statewide Auto Parts, Inc., 971 F. 2d 896, 902 (2d Cir. 1992) (a claimant’s interest in his home merits special constitutional protection). Although not a lawyer or pretending to be one, Consumer Creditor is seeking an Order from this Court to allow him to do what the [law of discovery empower him to accomplish in gathering information that will tend to lead to admissible evidence] by:

1. Granting the Motion to Strike and to Object to the Self-Substitution of Liquating Trustee for Non-Parties Witness In “OBJECTING to the Emergency Motion”

2. Granting the Motion To Object to Liquidating Trustee’s Motion to Squash Deposition

3. Granting the Motion to Compel Witnesses to Deposition & To Assume Full Cost of all future discoveries

4. Granting the Motion to Revise Scheduling Order to Reflect undue Delays

Consumer Creditor as an outsider of courtroom litigation ponders and reflects on the following oath that every federal judge takes to uphold the Constitution of the United States:

''I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.”

Respectfully Submitted,

Pierre R. Augustin, MPA, MBA, Pro Se
Consumer Creditor and a Party In Interest
3941 Persimmon Drive, #102, Fairfax, VA 22031 (617)202-8069
Date: October 10, 2008

Attorneys and Parties Served

Counsel to the Debtors
Suzzanne S. Uhland, Ana Acevedo, Emily R. Culler
O’Melveny & Myers LLP
275 Battery Street
San Francisco, CA 94111
T: (415) 984-8700, F: (415) 984-8701

Co-Counsel to the Debtors
Mark D. Collins, Michael J. Merchant, Christopher M. Samis
Richards, Layton & Finger, P.A.
One Rodney Square, P.O. Box 551
Wilmington, DE 19899
T: (302) 651-7700

Attorney, David W. Carickhoff, Jr
Blank Rome LLP
Chase Manhattan Centre
1201 Market Street, Suite 800
Wilmington, DE 19801
302-425-6400

Joseph J. McMahon, Jr., Esquire
United States Department of Justice
Office of the United States Trustee
J. Caleb Boggs Federal Building
844 King Street, Suite 2207, Lockbox 35
Wilmington, DE 19801, Courtesy copy

United States Bankruptcy Court
District of Delaware
824 Market Street, 3rd Floor
Wilmington, DE 19801
T: (302) 252-2900

U.S. Trustee
United States Trustee
844 King Street, Room 2207
Lockbox #35
Wilmington, DE 19899-0035
302-573-6491

Official Committee of Unsecured Creditors
Attorney, Bonnie Glantz Fatell
Blank Rome LLP
1201 Market Street, Suite 800
Wilmington, DE 19801
(302) 425-6423

Attorney, Christopher M. Samis
Richards, Layton & Finger, P.A.
920 N. King Street
Wilmington, DE 19801
302-651-7845

Jonathan R. Goldsmith
Jonathan R. Goldsmith, Esq
1350 Main Street
10th Floor
Springfield, MA 01103
413-747-0700
trusteedocs1@jgoldsmithlaw.com
Assigned: 12/16/2005

Jonathan R. Goldsmith
Jonathan R. Goldsmith, Esq
1350 Main Street
10th Floor
Springfield, MA 01103
413-747-0700
trusteedocs1@jgoldsmithlaw.com
1. Cert#:70073020000233248181
Status: Delivered

Your item was delivered at 3:05 PM on September 22, 2008 in SPRINGFIELD, MA 01103.

Giles Krill
Law Offices of Edward A Gottlieb
309 Washington St
Brighton, MA 02135
617-789-5678
Assigned: 03/23/2006 Commonwealth Land Title Ins. Co.
1. Cert#:70073020000233249174
Status: Delivered

Your item was delivered at 11:37 AM on September 18, 2008 in BRIGHTON, MA 02135.

Charles A. Lovell
Partridge,Snow & Hahn LLP
180 South Main Street,
Providence, RI 02903-7120
(401) 861-8200
cal@psh.com
Assigned: 10/03/2006
representing Chase Home Finance LLC
1. Cert#: 70073020000233249297
Status: Delivered

Your item was delivered at 8:45 AM on September 18, 2008 in PROVIDENCE, RI 02903.
Lauren A. Solar
Barron & Stadfeld, P.C.
100 Cambridge Street
Suite 1310
Boston, MA 02114
617-723-9800
las@barronstad.com
Assigned: 12/10/2005 representing Deutsche Bank National Trust Company, Trustee
1. Cert#:7007 3020 0002 3324 9280
Status: Delivered

Your item was delivered at 10:11 AM on September 18, 2008 in BOSTON, MA 02114.

Ronald S. Allen
Morgan, Brown & Joy LLP
200 State Street
11th Floor
Boston, MA 02109
617-523-6666
617-367-3125 (fax)
rallen@morganbrown.com
Assigned: 05/22/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1.Cert#:7007 3020 0002 3324 9273
Status: Delivered
Your item was delivered at 10:32 AM on September 18, 2008 in BOSTON, MA 02109.
Allied Home Mortgage Capital Corp.

R. Bruce Allensworth
Kirkpatrick & Lockhart, Nicholson Graham LLP - MA
One Lincoln Street
Boston, MA 02111-2950
617-261-3119
617-261-3175 (fax)
ballensworth@klng.com
Assigned: 10/05/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#:7007 3020 0002 3324 9266
Status: Delivered
Your item was delivered at 11:41 AM on September 18, 2008 in BOSTON, MA 02205.

Ameriquest Mortgage Company

John Connolly, Jr.
Law Offices of John Connolly, Jr.
One Common Street
Wakefield, MA 01880
781-245-5490
781-246-4114 (fax)
Assigned: 06/09/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#: 7007 3020 0002 3324 9259
Status: Delivered

Your item was delivered at 9:35 AM on September 18, 2008 in WAKEFIELD, MA 01880.

Old Republic National Insurance

David J. Gallagher
Regnante, Sterio & Osborne
401 Edgewater Place
Suite 630
Wakefield, MA 01880-6210
617-246-2525
781-246-0202 (fax)
dgallagher@regnante.com
Assigned: 05/26/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#:7007 3020 0002 3324 9242
Status: Delivered

Your item was delivered at 2:12 PM on September 19, 2008 in WAKEFIELD, MA 01880.

DanversBank

Kevin P. Geaney
Connolly Law Offices, LLC
545 Salem Street
Wakefield, MA 01880
781-557-2000
781-246-1441 (fax)
kgeaney@wakefieldlaw.com
Assigned: 06/09/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#:7007 3020 0002 3324 9235
Status: Delivered

Your item was delivered at 12:37 PM on September 18, 2008 in WAKEFIELD, MA 01880.

Old Republic National Insurance

Samuel P. Reef
Law Offices of Samuel P. Reef
144 Main Street
Brockton, MA 02301
508-559-0300
508-587-7305 (fax)
Assigned: 07/31/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#: 7008 1140 0001 0014 6993
Status: Delivered

Your item was delivered at 5:12 PM on September 22, 2008 in BROCKTON, MA 02301.

Samuel P. Reef

Alan H. Segal
Law Office of Alan H. Segal
220 Forbes Road
Suite 301
Braintree, MA 02184
617-848-6272
Assigned: 11/03/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing
1.Cert#:7008 1140 0001 0014 7006
Status: Delivered
Your item was delivered at 1:16 PM on September 22, 2008 in NEEDHAM HEIGHTS, MA 02494.

Alen H. Segal

Officers and Head of Legal Department
Commonwealth Land Title Ins. Co.
PO Box 908
Manchester, NH 03105 ®
CERT#: 7008 0150 0000 4562 1166 Unites States Bankruptcy Court
District of Delaware, Clerk’s Office
824 N. Market Street
Wilmington, DE 19801
CERT#: 7008 0150 0000 4562 1197

Officers and Head of Legal Department
Standard and Poor’s
55 Water Street
New York, New York 10041
CERT#:7008 1140 0001 0014 7150
Status: Delivered
Your item was delivered at 9:20 AM on September 22, 2008 in NEW YORK, NY 10274.
Officers and Head of Legal Department
Allied Home Mortgage Capital Corp.
401 Edgewater Place
Wakefield, MA ® Officers®
CERT#: 7008 0150 0000 4562 1173

Officers and Head of Legal Department
Real Time Solutions, Inc.
1750 Regal Row, Suite 120
Dallas, TX 75235
CERT#:7008 1140 0001 0014 7167
Status: Delivered
Your item was delivered at 9:38 AM on September 22, 2008 in DALLAS, TX 75235.

Officers and Head of Legal Department
Danversbank
One Conant Street
Danvers, MA 01923
978-777-2200
CERT#:7008 1140 0001 0014 7013
Status: Delivered
Your item was delivered at 8:32 AM on September 22, 2008 in DANVERS, MA 01923.

Officers and Head of Legal Department
Deutsche Bank National Trust Company OR Chase Home Finance
10790 Rancho Bemado Rd
San Diego, CA 92127
800-548-7912 ®
CERT#: 7008 0150 0000 4562 1180

Officers and Head of Legal Department
Deutsche Bank Securities
U.S. Headquarters
60 Wall Street
New York, NY 10005
CERT#:7008 1140 0001 0014 7020
Status: Delivered
Your item was delivered at 12:03 PM on September 22, 2008 in NEW YORK, NY 10268.

Officers and Head of Legal Department
KPMG LLP (“KPMG”)
345 Park Ave
New York, NY 10022
CERT#:7008 1140 0001 0014 7051
Status: Delivered
Your item was delivered at 2:05 PM on September 22, 2008 in NEW YORK, NY 10154.
Officers and Head of Legal Department
Ameriquest Mortgage Company
1100 Town & Country Road
Orange, CA 92868
CERT#:7008 1140 0001 0014 7037
Status: Delivered
Your item was delivered at 12:55 PM on September 19, 2008 in ORANGE, CA 92868.

Officers and Head of Legal Department
Old Republic National Insurance
400 Second Avenue South
Minneapolis, MN 55401-2499
(800) 328-4441
CERT#:7008 1140 0001 0014 7181
Status: Delivered
Your item was delivered at 9:06 AM on September 22, 2008 in MINNEAPOLIS, MN 55401.
Officers and Head of Legal Department
Beacon Appraisal
396 W. Broadway
Boston, MA 02127
617-269-1210
CERT#: 7008 1140 0001 0014 7044
Status: Delivered
Your item was delivered at 11:55 AM on September 20, 2008 in BOSTON, MA 02127.

Samuel P. Reef
(Closing Attorney 2nd Refi)
4 Main Street
Brockton, MA 02301
508-559-0300

Officers and Head of Legal Department
Chase Home Finance
4915 Independence Parkway, 2nd FL, Legal Dept.
Tampa, FL 33634 ®
CERT#:7008 1140 0001 0014 7174
Status: Delivered
Your item was delivered at 10:38 AM on September 19, 2008 in SAN DIEGO, CA 92128.

CERTIFICATE OF SERVICE

I hereby certify that a true copy of this Emergency Motion was mailed to the parties and attorneys above.

Pierre R. Augustin, Pro Se, 3941 Persimmon Drive, #102
Fairfax, VA 22031, Tel: 617-202-8069

VERIFICATION
I, Pierre R. Augustin, hereby depose and state as follows:

1. I am Pierre R. Augustin, represented by self.

2. I have read the foregoing Motion filed herein and knowing the contents thereof have found that the allegations of fact set forth therein are true of my own personal knowledge, except as to those allegations based on information and belief which I believe to be true.
Signed under the penalties of perjury this ________day of ____________2008.

X ________________________________

STATE OF ________________________COUNTY OF _____________________________

On this _____ day of __________, 2008, before me, the undersigned notary

public, personally appeared ___________________________, proved to me

through satisfactory evidence of identification, which was __________________________________________________, to be the person whose name is

signed on the preceding or attached document, and acknowledged to me that s/he signed it

voluntarily for its stated purpose.

______________________________
Notary Public
My Commission Expires:
(SEAL)

UNITED STATES BANKRUPTCY COURT OF DELAWARE

Pierre Richard Augustin, PRO SE )
Consumer Creditor and Party In Interest )
)
v. ) 07-10416-KJC
)
New Century Mortgage Corporation Et Al, )
Debtors. )

AFFIDAVIT / AFFIRMATION

I, Pierre-Richard Augustin, affirm the following under penalty of perjury, being duly sworn, deposes and says:
1) I am the Consumer Creditor and a Party In Interest in this action, and I respectfully submit this affidavit/affirmation.

2) I have personal knowledge of facts which bear on this Motion.

I declare under penalty of perjury that the foregoing is true and correct, except as to those allegations based on information and belief which I believe to be true.
Dated:_______________________________________________________
Pierre-Richard Augustin, Pro Se, Consumer Creditor and a Party In Interest
3941 Persimmon Drive, #102, Fairfax, VA 22031 (617) 202-8069

STATE OF _______________________________COUNTY OF_________________________
On this _____ day of __________, 2008, before me, the undersigned notary public, personally appeared ___________________________, proved to me through satisfactory evidence of identification, which was _________________________________________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose.
______________________________
Notary Public
My Commission Expires:
(SEAL)

--------------------------------------------
I can be reached for a FREE consultation at (cell) 617-202-8069 or (703) 584-5998,

it's FREE, there is no obligation whatsover...! Sincerely, Pierre R. Augustin, MPA, MBA

P.S. - What 3 friends do you know who would benefit from FREE Expert Loan Advice...!
1. Call and Speak with a Consultant, 1-617-202-8069 or (703) 584-5998, it's FREE!

Request for Judicial Notice

2008-11-08T06:51:00.001-08:00

Letter To Preserve Information

2008-11-08T05:14:00.001-08:00

“A good name is more desirable than great riches; to be esteemed is better than silver or gold.” - Proverb 22:1

Praises & Thanks be unto The Lord My God for the wisdom, knowledge and understanding on legal matter because I received countless feedbacks from folks facing foreclosure and bankruptcy around the United States as follows:

Comments: "I have been inundated with TILA questions. So I went out hunting to see if anyone had already written about it in terms that a lay person might be able to understand. What I found is shown below. I believe it to be generally correct and the citations are good citations of law. See this site for the entire write-up. It should give most lay people an idea on how to handle this and it will be valuable to your lawyer if he/she is not totally familiar with the TILA context at the following link:" http://rcxloan.com/Civil_Action_BK_Motion_14.htm. Statement made by Attorney at Law, Neil F. Garfield, M.B.A., J.D.

A STORY TO THINK ABOUT
“Once upon a time in the Ancient Roman Empire, 27 BC, there were two men living in Jerusalem. One was named Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, a rich man whose land was worth close to $700 billion in today‘s money; the other, Mr. Augustin, a farmer whose land was worth $300,000. One day, Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust asked Mr. Augustin to give him his land, that he may have it for a vegetable garden. But, Mr. Augustin said to Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, “The Lord forbid me that I should give to you the inheritance of my fathers”.

When Jezebel, the wife of Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, heard what Mr. Augustin said to him. She said, don‘t worry love, I will take care of the matter? Arise, eat bread, and let your heart be joyful; I will give you Mr. Augustin‘s land. So, Jezebel wrote letters in Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust’s name and seal them with his seal and sent letters to the elders and to the nobles who were living in Jerusalem. Now she wrote in the letters, saying, proclaim a ‘relief of stay trial’ in the absence of Mr. Augustin. Then, issued a decree that Mr. Augustin’s land is now Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust.

So the men of Jerusalem, the elders and the nobles did as Jezebel had sent word to them, just as it was written in the letters which she had sent them. Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust take possession of Mr. Augustin’s land which he had refused to give. The sad part is that Mr. Augustin was forced off his land illegally and fraudulently. Mr. Augustin left with nothing and forced to seek refuge from Jerusalem to a land called ‘Fairfax, Virginia’ to start from scratch. Whereas, Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust became more wealthy with the unwarranted possession of his and hold more than $700 billion of assets as a result.

Questions? Why was Mr. Augustin absent in the relief of stay trial? Why did the elders and the nobles just do as Jezebel asked them? Let us all fast forward in 2008, what do you think the elders and the nobles should have done differently?”

--------------------------------------------

Pierre R. Augustin, MPA, MBA, Pro Se
Consumer Creditor and a Party In Interest
3941 Persimmon Drive, #102
Fairfax, VA 22031, Tel: 703-584-5998, Email: hdmhos@aol.com

October 23, 2008

Attorney David W. Carickhoff, Jr
Blank Rome LLP, Chase Manhattan Centre, 1201 Market Street, Suite 800, Wilmington, DE 19801 Records Custodian for New Century TRS Holding, Inc. & Attorney, Christopher M. Samis, Richards, Layton & Finger, P.A. , 920 N. King Street, Wilmington, DE 19801

CERTIFIED MAIL: 7007 3020 0002 3324 9198

Re: New Century TRS Holding, Inc., New Century Liquidating Trustee v. Pierre R. Augustin, Pro Se, Case #: 07-10416, Chapter 11

[Our justice system is not perfect. Mistakes are inevitable. However, when
New evidences are presented, the will to do good must prevail over the status quo]

Dear Attorney Carickhoff, Jr., Records Custodian for New Century, Attorneys for Non-Parties & Non-Parties Witnesses (see list of parties):

The purpose of this letter is to notify you that you may have in your possession, or under your control, certain documents and information, including electronically or digitally stored information relevant to the discovery process of the case above. In addition, you, agents, employees & Counsels for Non-Parties Witnesses and Non-Parties Witnesses themselves may have knowledge of facts relevant to matters likely to lead to admissible evidence.

The general rule of discovery is that parties may obtain information regarding any matter relevant to the subject matter involved in the pending action so long as the matter is not privileged. It is not grounds for objection that the information may be inadmissible at trial, if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Please keep in mind of the following:

Federal Rule 26(a)(1)(E), Federal Rule 26(a)(2), Federal Rule 26(a)(3)
Basis for Initial Disclosure; Unacceptable Excuses. A party must make its initial disclosures based on the information reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.

“When discovery rights are trampled, prejudice must be presumed”
Scott v. Greenville Housing Authority, 579 S.E.2d 151, 353 S.C. 639 (S.C. App. 2003)

The filing of this letter with the Federal Courts Will Serve
As Proof of Notification to All Counsels for the Non-Parties Witnesses
and on Non-Parties Witness themselves.

1. BUSINESS RECORDS -- MISSING EVIDENCE -- SPOLIATION
“Spoliation” can be defined as the failure to preserve evidence that is relevant to pending or potential litigation (Jimenez-Sanchez v. Carribean Restaurants, L.L.C, 483 Fed.Supp.2d 140 (D. Puerto Rico 2007)). The actual keeper or custodian of the evidence is irrelevant for discovery purposes. Counsel for New Century TRS Holding, Inc., handing files and documents to New Century Liquidating Trustee’s Counsel as in this case does not shield otherwise discoverable ‘REAL’ evidence. Moreover, New Century Mortgage Corporation had a duty to preserve evidence. Thus, New Century Mortgage Corporation should have known that evidence may be relevant to future litigation as a result of Mr. Augustin’s civil suit (06-10368) and Bankruptcy matter (05-46957).

Because preservation of documents and availability for production are essential to the orderly and expeditious disposition of litigation, the inability to produce documents impedes the litigation process and merits sanctions (See in re Prudential Insurance Company of America Sales Practice Litig., 169 F.R.D. 598, 36 FED.R.Serv.3d 767 (D.N.J. 1997)). As far as electronic discovery, the producing party is obligated to search available electronic systems for the information demanded in discovery. The willful failure to comply with a discovery demand should be construed as an intentional failure as distinguished from involuntary noncompliance; no wrongful intent need be shown to impose discovery sanctions (See Smith v. City of New York, 388 Fed.Supp.2d 179 (S.D.N.Y., 2005)(Sanctions may be imposed for both intentional and negligent destruction of evidence)(Martinez v. Abbott Laboratories, 146 S.W.3d 260 (Tex. App. 2004).

The duty to preserve evidence arises only when a party knows or reasonably should know that there is a substantial chance that a claim will be filed and that evidence in its possession or control will be material and relevant to that claim)(Clark Construction Group, Inc. v. City of Memphis, 229 F.R.D. 131 (W.D., Tenn., 2005). Under the rule generally governing discovery, a party must not destroy unique, relevant evidence that might be useful to Consumer Creditor and this includes any document made by an individual likely to have discoverable information that the disclosing party may use to support its claim or defenses. The duty to preserve evidence, set forth in the rule that generally governs discovery, extends to all relevant documents from the time the trigger date passes, and continues thereafter.

If documents sought during discovery are destroyed or cannot be located, then that party must provide an explanation for the disappearance of the evidence. There are several factors that the court should utilize in determining whether or not to impose sanctions: [a] - A party destroys, [b] - discoverable matter, [c] - which that party knew or should have known and [d] - was relevant to pending, imminent or reasonably foreseeable litigation.

The following additional factors are considered: [1] - The degree of actual prejudice to the demanding party, [2]-The amount of interference with the judicial process, [3] - The culpability of the responding party, and [4] - Whether or not the responding party was forewarned about the sanctions for noncompliance.

A party has a duty to preserve evidence when that party is placed on notice that evidence is relevant to the subject litigation or when the party should have known that evidence may be relevant to future litigation. One remedy is the so-called “Missing Document Charge,” wherein the jury is specifically informed about the missing document and is told that it may infer that the missing evidence was most unfavorable to the spoliator. See Think Pink, Inc. v. Rim, Inc., 798 N.Y.S.2d 413 (N.Y.A.D., 1 Dept., 2005). Conclusively, if document are reported missing and cannot be located by the opposing counsels, parties and non-parties witnesses, Consumer Creditor will simply infer that the missing evidence was most unfavorable to them.

2. NOTICE TO PRESERVE DOCUMENTS
Pursuant to a duty imposed by law, This Notice and the applicable court rules require the preservation of all information from your Company’s computers and computer storage systems (including tapes, drives, CD’s and DVD’s), regardless of location, relating to this matter. This includes, but is not limited to, all computer files, e-mail and other electronic communications, databases, word processing documents, PDF’s, spreadsheets, calendars, telephone logs, contact information, Internet usage files, and network access information.

For purposes of this notice, the term “electronic information” includes, but is not limited to, all text files, word processing documents, presentation files such as PowerPoint, spreadsheets, e-mail files and information concerning e-mail files (including logs of e-mail, header information, and deleted files), Internet history files and preferences, graphical files in any format, databases, calendar and scheduling information, telephone logs, contact managers, computer activity logs, and all file fragments and backup files containing electronic data.

Upon receipt of this notice, you are prohibited from destroying, erasing, or over-writing any documents, emails, or other writings that relate to the lawsuit, regardless of their physical form, type or date. Extra care must be taken for electronic writings, which can be erased by the mere storage of new data. Your client should preserve and not destroy all passwords, decryption procedures, network access codes, ID names, tutorials, written instructions, decompression or reconstruction software, in addition to all other information necessary to access, view and, if necessary, reconstruct the electronic data that we will request through discovery.

You are under a legal obligation to preserve, maintain, and protect all potential relevant evidence, including electronic evidence. The failure to preserve and retain the electronic data as outlined in this notice constitutes a spoliation of evidence and may subject you to legal claims for damages in addition to evidentiary and monetary sanctions.

3. INITIAL “REQUIRED OR MANDATORY DISCLOSURES” REMINDER - [F.R.C.P. 26(a)]
According to the United States Supreme Court, the purpose behind Rule 37 of the Federal Rules of Civil Procedure was to protect the courts and opposing parties from “delaying or harassing tactics during the discovery process (Cunningham v. Hamilton County, 527 U.S. 198, 119 S.Ct. 1915, 144 L.Ed.2d 184 (1999)). An attorney filing a responsive discovery pleading on behalf of a client must certify that he or she made a reasonable effort to see to it that the client has provided all of the information requested. See Poole v. Textron, 192 F.R.D. 494 (D.Md. 2000) and Legault v. Zambarano, 105 F.3d 24 (1st Cir. 1997).

Once a motion has been filed, the opposing party may not necessarily be able to avoid its consequences, even if he or she files a late response to your discovery requests. See Greenbriar Homes, Inc. v. Builders Insurance, 615 S.E.2d 191, 273 Ga. App. 344 (2005) holding that once a motion for failure to make discovery has been filed, the opposing party may not preclude the imposition of sanctions by making a belated discovery response. Despite the late submission, the trial court was, nevertheless, required to hold a hearing to determine whether the delinquent party’s failure to respond was willful, rather than negligent.

In accordance with Rule 26(a)(1) of the Federal Rules of Civil Procedure, Consumer Creditor is reminding Counsels for New Century TRS Holding, Inc. & New Century Liquidating Trustee to provide their mandatory disclosure as follows:

This Is A Reminder To Provide ‘Initial Mandatory Disclosures’ From Previous Notice To Produce
1. In Exhibit 1, New Century Mortgage denied the mortgage application on January 22, 2004.
Please provide the name of the person who made that decision and have him or her present at the deposition. If that person is not available, please state why? Otherwise, please provide a ‘designated deponent’ [Name] & [address] that is likely to have discoverable information relevant to Consumer Creditor’s claims as per FRCP 30(b)(6) and indicate whether he or she has personal knowledge regarding the subject loan transaction prior the deposition date.

2. In Exhibit 2, New Century Mortgage denied the mortgage application on March 9, 2004. Please provide the name of the person who made that decision and have him or her present at the deposition. If that person is not available, please state why? Otherwise, please provide a ‘designated deponent’ [Name] & [address] that is likely to have discoverable information relevant to Consumer Creditor’s claims as per FRCP 30(b)(6) and indicate whether he or she has personal knowledge regarding the subject loan transaction prior the deposition date.

3. In Exhibit 3, Commonwealth Land Title Insurance Company (Non-Party) reported on March 29, 2004 that the title was clear for closing. Please provide the name of the person who made that decision and have him or her present at the deposition. If that person is not available, please state why? Otherwise, please provide a ‘designated deponent’ [Name] & [address] that is likely to have discoverable information relevant to Consumer Creditor’s claims as per FRCP 30(b)(6) and indicate whether he or she has personal knowledge regarding the subject loan transaction prior the deposition date.

4. In Exhibit 4, Consumer Creditor and a Party In Interest was issued a mortgage. Please provide the name of the person who made that decision and have him or her present at the deposition. If that person is not available, please state why? Otherwise, please provide a ‘designated deponent’ [Name] & [address] that is likely to have discoverable information relevant to Consumer Creditor’s claims as per FRCP 30(b)(6) and indicate whether he or she has personal knowledge regarding the subject loan transaction prior the deposition date.

In accordance to FRCP 26(a)(1)(A), you must voluntarily disclose additional names, addresses and telephone numbers of each individual & non-parties likely to have discoverable information. The disclosure must also clearly indicate “The subjects of the information” of each these individuals knows, their title, company affiliation, copy of their job description and to whom they report at their respective companies.

4. FULL DISCOVERIES RIGHTS GRANTED By Judge Kevin J. Carey on August 20, 2008, Extracted from August 20, 2008 Transcript, page 69

“MR. AUGUSTIAN: -- you gave the option to -- to the attorney Christopher whether I should proceed as an adversary proceeding or contested matter. He chose adver -- contested matter. I was not called forward to ask my opinion. That’s why I stepped forward to --

THE COURT: Yeah. Well, the --

MR. AUGUSTIAN: -- let the Court know.

THE COURT: I guess the -- the short way of -- of responding to that is we can design pre -- pretrial procedures basically to afford whatever due process rights you would like to have. So, in substance, there’s going to be no difference at the end of the day. So, you will have all the rights that you would have had had this been commenced as an adversary proceeding. And, it’s actually procedurally probably better for you that it proceed that way. So, we’ll make it so that there is no difference. Do you understand what I’m saying?

MR. AUGUSTIAN: Yes, Your Honor. I was just reading the -- the rules as it states. So, I am not expert in the law. But, if you feel that way, that I -- all my rights will be protected, then -- it’s on the record.

Then, if -- if some time I feel it does not and something fall through the crack, I’ll file an appeal.

5. NON-PARTIES ORDINARY WITNESSES
Please review the certificate of service for the complete lists of non-parties ordinary witnesses and their attorneys in the above matter. Non Parties Witnesses (someone and companies) are not a party in this matter but the records they hold have some bearing on his claims and New Century Mortgage Corporation had transactions with the non-parties in relation to Consumer Creditor’s mortgage and business loan.

Rule 34 of the Federal Rules of Civil Procedure, which provides that “any party may serve on any other party a request to produce and permit the party making the request, or someone acting on the requestor’s behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form) ...” [Emphasis supplied]. Rule 1001(1) of the Federal Rules of Evidence provides: “Writings” and “recordings” consist of letters, words or numbers or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording or other form of data compilation [Emphasis supplied]. Therefore, Non-Parties Witnesses are prime ordinary witness subject to discovery and deposition in accordance with the rule of law.

6. NOTICE TO REQUEST ‘RAW FACTS & REAL EVIDENCE’ from All Counsels of Non-Parties & Non-Parties Witnesses
Now the time has come, in view of the financial crisis, for the opposing Counsels to move behind the legal technicalities and abide by their oath for due diligences…

“I (repeat the name) solemnly swear that I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, or give aid or consent to the same; I will delay no man for lucre or malice; but I will conduct myself in the office of an attorney within the courts according to the best of my knowledge and discretion, and with all good fidelity as well to the courts as my clients. So help me God”

… because the $700 billion bailout to Financial Institutions on Wall Street by our Political Leaders and Public Officials resulted out from poor mortgage underwriting practices encouraged by the banks involved in this matter.

Reflectively, Consumer Creditor stands before the opposing Counsels with a sense of sadness for the ongoing foreclosure crisis has resulted in the largest currency devaluation in modern U.S. History and affects every American and every foreign person, government, agency, village or city that put money into pooled funds of the collateralized debt obligations CDO’s.” Let us all hope and pray that the bailout stabilized local, national and global financial market and economical activities.

The timing of these economical, financial and operative facts mentioned above are intertwined with Consumer Creditor’s matter and are always considered fair game for discoveries. So too are the legal theories and defenses of the action along with all real evidence that any party has obtain or discover (Myers v. City of Highland Village, 212 F.R.D. 324 (E.D. Tex. 2003). The scope of permissible discovery under the Federal Rules of Civil Procedure as with all of its state counterparts is very broad. Rule 26(b)(1) specifically permits discovery of “any matter, not privileged, which is relevant” with respect to any “claim” or “defense.”

The subsection then takes the trouble to list certain examples, such as “books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.” If there is any point or purpose at all to the discovery process, it must enable Consumer Creditor’s access to those raw facts and pieces of “hard evidence” that form the underlying basis for the subject matter. These are the one-of-a-kind materials and information that the court have always make available through discovery.

(Extract from the August 20, 2008 Transcript p 70: 12-21, “Obviously you had said why don’t you, in the meantime, reach out to Mr. Augustian, investigate the facts and circumstances on -- you know, from a substantive perspective, and determine whether or not there’s any way to settle the claim. I did commence an investigation and spoke with the former general counsel of the company, who is now functioning as a consultant. The results of that investigation at our transition meeting I did produce to Mr. Carickhoff, so he has them)

Experts who are to testify and who also provide analysis, guidance, reports and opinions are witnesses nonetheless. An expert may wear the hat of a “consultant,” but his status as a testifying witness trumps the consultant status. In particular, as a testifying expert, he is certainly subject to discovery. Rule 26(a)(2)(B) mandates both the preparation and disclosure of a written signed report. According to that rule, the report:

“... shall contain a complete statement of all opinions to be expressed and the basis and reasons therefore; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.”

The Counsels should not use the Work Product Doctrine as a device for hiding facts or evidence that are discoverable. Those hoping to erect a shield for such information often mix the hard evidence with work product materials, or try to mis-characterize such evidence as work product United States v. Dentsply Int’l, 187 F.R.D. 152 (D.Del. 1999); United States v. Frederick, 182 F.3d 496 (7th Cir. Wis. 1999); Starlight Int’l, Inc. v. Herlihy, 186 F.R.D. 626 (D.Kan. 1999). Common sense dictates that all parties should be entitled to know the underlying predicates and defenses of all of the other parties.

CONCLUSION
The Advisory Committee Notes for the 2006 amendments to Rule 34(b) state as follows: Rule 34(b) provides that a party must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the discovery request. The production of electronically stored information should be subject to comparable requirements to protect against deliberate or inadvertent production in ways that raise unnecessary obstacles for the requesting party. As provided in Rule 45, If requested documents are within the control of a party upon whom a valid request is made, that party must obtain and produce those documents (Pleasant v. Pleasant, 632 A.2d 202, 97 Md.App. 711 (1993)). If you have any questions whatsoever, my contact information is below. Thank you.

Respectfully Submitted,

Pierre R. Augustin, MPA, MBA, Pro Se, Consumer Creditor
3941 Persimmon Drive, #102, Fairfax, VA 22031 Tel: (617) 202-8069
Cc: Counsels for Non-Parties Witnesses & Non-Parties Witnesses

CERTIFICATE OF SERVICE
I hereby certify that a true copy of this letter was mailed to the parties and attorneys below.

Pierre R. Augustin, Pro Se, 3941 Persimmon Drive, #102, Fairfax, VA 22031, Tel: 617-202-8069 Cert# = Confirmation of receiving Notice to Depose

Attorneys, non-parties and parties served
Officers and Head of Legal Department
Commonwealth Land Title Ins. Co.
PO Box 908
Manchester, NH 03105 ®
CERT#: 7008 0150 0000 4562 1166
Status: Delivered
Your item was delivered at 9:04 AM on October 10, 2008 in MANCHESTER, NH 03101.

Unites States Bankruptcy Court
District of Delaware, Clerk’s Office
824 N. Market Street
Wilmington, DE 19801
CERT#: 7008 0150 0000 4562 1197
Status: Delivered
Your item was delivered at 7:03 AM on October 14, 2008 in WILMINGTON, DE 19801.

Officers and Head of Legal Department
Standard and Poor’s
55 Water Street
New York, New York 10041
CERT#:7008 1140 0001 0014 7150
Status: Delivered
Your item was delivered at 9:20 AM on September 22, 2008 in NEW YORK, NY 10274. Officers and Head of Legal Department

Allied Home Mortgage Capital Corp.
401 Edgewater Place
Wakefield, MA ® Officers®
CERT#: 7008 0150 0000 4562 1173

Officers and Head of Legal Department
Real Time Solutions, Inc.
1750 Regal Row, Suite 120
Dallas, TX 75235
CERT#:7008 1140 0001 0014 7167
Status: Delivered
Your item was delivered at 9:38 AM on September 22, 2008 in DALLAS, TX 75235.

Officers and Head of Legal Department
Danversbank
One Conant Street
Danvers, MA 01923
978-777-2200
CERT#:7008 1140 0001 0014 7013
Status: Delivered
Your item was delivered at 8:32 AM on September 22, 2008 in DANVERS, MA 01923.

Officers and Head of Legal Department
Deutsche Bank National Trust Company OR Chase Home Finance
10790 Rancho Bemado Rd
San Diego, CA 92127
800-548-7912 ®
CERT#: 7008 0150 0000 4562 1180
Status: Delivered
Your item was delivered at 10:58 AM on October 7, 2008 in SAN DIEGO, CA 92127.

Officers and Head of Legal Department
Deutsche Bank Securities
U.S. Headquarters
60 Wall Street
New York, NY 10005
CERT#:7008 1140 0001 0014 7020
Status: Delivered
Your item was delivered at 12:03 PM on September 22, 2008 in NEW YORK, NY 10268.

Officers and Head of Legal Department
KPMG LLP (“KPMG”)
345 Park Ave
New York, NY 10022
CERT#:7008 1140 0001 0014 7051
Status: Delivered
Your item was delivered at 2:05 PM on September 22, 2008 in NEW YORK, NY 10154.

Officers and Head of Legal Department
Ameriquest Mortgage Company
1100 Town & Country Road
Orange, CA 92868
CERT#:7008 1140 0001 0014 7037
Status: Delivered
Your item was delivered at 12:55 PM on September 19, 2008 in ORANGE, CA 92868.

Officers and Head of Legal Department
Old Republic National Insurance
400 Second Avenue South
Minneapolis, MN 55401-2499
(800) 328-4441
CERT#:7008 1140 0001 0014 7181
Status: Delivered
Your item was delivered at 9:06 AM on September 22, 2008 in MINNEAPOLIS, MN 55401.

Officers and Head of Legal Department
Beacon Appraisal
396 W. Broadway
Boston, MA 02127
617-269-1210
CERT#: 7008 1140 0001 0014 7044
Status: Delivered
Your item was delivered at 11:55 AM on September 20, 2008 in BOSTON, MA 02127.
Legal Department
Small Business Administration (SBA)
SBA Loan#: LDP5329494000
SBA Loan Name: Admerk Corp. Inc.
Note date: May 17, 2002

Officers and Head of Legal Department
Chase Home Finance
4915 Independence Parkway, 2nd FL, Legal Dept.
Tampa, FL 33634 ®
CERT#:7008 1140 0001 0014 7174
Status: Delivered
Your item was delivered at 10:38 AM on September 19, 2008 in SAN DIEGO, CA 92128.

Counsel to the Debtors
Suzzanne S. Uhland, Ana Acevedo, Emily R. Culler
O’Melveny & Myers LLP
275 Battery Street
San Francisco, CA 94111
T: (415) 984-8700, F: (415) 984-8701

Co-Counsel to the Debtors
Mark D. Collins, Michael J. Merchant, Christopher M. Samis
Richards, Layton & Finger, P.A.
One Rodney Square, P.O. Box 551
Wilmington, DE 19899
T: (302) 651-7700

Real Time Solution, Inc.
1750 Regal Row, Ste 120
Dallas, TX 75235
Attorney, David W. Carickhoff, Jr
Blank Rome LLP
Chase Manhattan Centre
1201 Market Street, Suite 800
Wilmington, DE 19801
302-425-6400

Joseph J. McMahon, Jr., Esquire
United States Department of Justice
Office of the United States Trustee
J. Caleb Boggs Federal Building
844 King Street, Suite 2207, Lockbox 35
Wilmington, DE 19801, Courtesy copy

President
Tedd Chambler
Commonwealth Land Title Insurance Company Inc
5600 Cox Rd
Glen Allen, VA 23060-9266

United States Bankruptcy Court
District of Delaware
824 Market Street, 3rd Floor
Wilmington, DE 19801
T: (302) 252-2900

U.S. Trustee
United States Trustee
844 King Street, Room 2207
Lockbox #35
Wilmington, DE 19899-0035
302-573-6491

President
Thomas Jacob
Chase Home Finance
194 Wood Ave S # 2
Iselin, NJ 08830

Official Committee of Unsecured Creditors
Attorney, Bonnie Glantz Fatell
Blank Rome LLP
1201 Market Street, Suite 800
Wilmington, DE 19801
(302) 425-6423

Attorney, Christopher M. Samis
Richards, Layton & Finger, P.A.
920 N. King Street
Wilmington, DE 19801
302-651-7845

Deutsche Bank National Trust
300 S. Grand Ave, Ste 3950
Los Angeles, CA 90071

Chairman and CEO
Timothy P. (Tim) Flynn
KPMG LLP (“KPMG”)
757 Third Ave.
New York, NY 10017

President
Deven Sharma
Standard and Poor’s
55 Water Street
New York, New York 10041

Jonathan R. Goldsmith
Jonathan R. Goldsmith, Esq
1350 Main Street
10th Floor
Springfield, MA 01103
413-747-0700
trusteedocs1@jgoldsmithlaw.com
Assigned: 12/16/2005

Jonathan R. Goldsmith
Jonathan R. Goldsmith, Esq
1350 Main Street
10th Floor
Springfield, MA 01103
413-747-0700
trusteedocs1@jgoldsmithlaw.com
1. Cert#:70073020000233248181
Status: Delivered
Your item was delivered at 3:05 PM on September 22, 2008 in SPRINGFIELD, MA 01103.

Giles Krill
Law Offices of Edward A Gottlieb
309 Washington St
Brighton, MA 02135
617-789-5678
Assigned: 03/23/2006 Commonwealth Land Title Ins. Co.
1. Cert#:70073020000233249174
Status: Delivered
Your item was delivered at 11:37 AM on September 18, 2008 in BRIGHTON, MA 02135.

Charles A. Lovell
Partridge,Snow & Hahn LLP
180 South Main Street,
Providence, RI 02903-7120
(401) 861-8200
cal@psh.com
Assigned: 10/03/2006
representing Chase Home Finance LLC
1. Cert#: 70073020000233249297
Status: Delivered
Your item was delivered at 8:45 AM on September 18, 2008 in PROVIDENCE, RI 02903.
Lauren A. Solar
Barron & Stadfeld, P.C.
100 Cambridge Street
Suite 1310
Boston, MA 02114
617-723-9800
las@barronstad.com
Assigned: 12/10/2005 representing Deutsche Bank National Trust Company, Trustee
1. Cert#:7007 3020 0002 3324 9280
Status: Delivered
Your item was delivered at 10:11 AM on September 18, 2008 in BOSTON, MA 02114.

Ronald S. Allen
Morgan, Brown & Joy LLP
200 State Street
11th Floor
Boston, MA 02109
617-523-6666
617-367-3125 (fax)
rallen@morganbrown.com
Assigned: 05/22/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1.Cert#:7007 3020 0002 3324 9273
Status: Delivered
Your item was delivered at 10:32 AM on September 18, 2008 in BOSTON, MA 02109.
Allied Home Mortgage Capital Corp.

CEO, Aseem Mital
Ameriquest Mortgage Company
1100 Town & Country Rd., Suite 1200
Orange, California 92868

R. Bruce Allensworth
Kirkpatrick & Lockhart, Nicholson Graham LLP - MA
One Lincoln Street
Boston, MA 02111-2950
617-261-3119
617-261-3175 (fax)
ballensworth@klng.com
Assigned: 10/05/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#:7007 3020 0002 3324 9266
Status: Delivered
Your item was delivered at 11:41 AM on September 18, 2008 in BOSTON, MA 02205.
Ameriquest Mortgage Company

John Connolly, Jr.
Law Offices of John Connolly, Jr.
One Common Street
Wakefield, MA 01880
781-245-5490
781-246-4114 (fax)
Assigned: 06/09/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#: 7007 3020 0002 3324 9259
Status: Delivered

Your item was delivered at 9:35 AM on September 18, 2008 in WAKEFIELD, MA 01880.

Old Republic National Insurance

David J. Gallagher
Regnante, Sterio & Osborne
401 Edgewater Place
Suite 630
Wakefield, MA 01880-6210
617-246-2525
781-246-0202 (fax)
dgallagher@regnante.com
Assigned: 05/26/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#:7007 3020 0002 3324 9242
Status: Delivered

Your item was delivered at 2:12 PM on September 19, 2008 in WAKEFIELD, MA 01880.

DanversBank

Kevin P. Geaney
Connolly Law Offices, LLC
545 Salem Street
Wakefield, MA 01880
781-557-2000
781-246-1441 (fax)
kgeaney@wakefieldlaw.com
Assigned: 06/09/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#:7007 3020 0002 3324 9235
Status: Delivered

Your item was delivered at 12:37 PM on September 18, 2008 in WAKEFIELD, MA 01880.

Old Republic National Insurance

Samuel P. Reef
Law Offices of Samuel P. Reef
144 Main Street
Brockton, MA 02301
508-559-0300
508-587-7305 (fax)
Assigned: 07/31/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing 1. Cert#: 7008 1140 0001 0014 6993
Status: Delivered

Your item was delivered at 5:12 PM on September 22, 2008 in BROCKTON, MA 02301.

Samuel P. Reef

Alan H. Segal
Law Office of Alan H. Segal
220 Forbes Road
Suite 301
Braintree, MA 02184
617-848-6272
Assigned: 11/03/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED representing
1.Cert#:7008 1140 0001 0014 7006
Status: Delivered
Your item was delivered at 1:16 PM on September 22, 2008 in NEEDHAM HEIGHTS, MA 02494. Alen H. Segal
---------------------------------------------------

I can be reached for a FREE consultation at (cell) 617-202-8069 or (703) 584-5998,

it's FREE, there is no obligation whatsover...! Sincerely, Pierre R. Augustin, MPA, MBA

P.S. - What 3 friends do you know who would benefit from FREE Expert Loan Advice...!
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Testimony To The Lord

2008-09-25T10:05:00.001-07:00

http://rcxloan.com/Testimony_of_God_s_Blessings.htm

“A good name is more desirable than great riches; to be esteemed is better than silver or gold.” - Proverb 22:1

Praises & Thanks be unto The Lord My God for the wisdom, knowledge and understanding on legal matter because I received countless feedbacks from folks facing foreclosure and bankruptcy around the United States as follows:

Comments: "I have been inundated with TILA questions. So I went out hunting to see if anyone had already written about it in terms that a lay person might be able to understand. What I found is shown below. I believe it to be generally correct and the citations are good citations of law. See this site for the entire write-up. It should give most lay people an idea on how to handle this and it will be valuable to your lawyer if he/she is not totally familiar with the TILA context at the following link:" http://rcxloan.com/Civil_Action_BK_Motion_14.htm. Statement made by Attorney at Law, Neil F. Garfield, M.B.A., J.D.

A STORY TO THINK ABOUT
“Once upon a time in the Ancient Roman Empire, 27 BC, there were two men living in Jerusalem. One was named Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, a rich man whose land was worth close to $700 billion in today‘s money; the other, Mr. Augustin, a farmer whose land was worth $300,000. One day, Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust asked Mr. Augustin to give him his land, that he may have it for a vegetable garden. But, Mr. Augustin said to Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, “The Lord forbid me that I should give to you the inheritance of my fathers”.

When Jezebel, the wife of Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust, heard what Mr. Augustin said to him. She said, don‘t worry love, I will take care of the matter? Arise, eat bread, and let your heart be joyful; I will give you Mr. Augustin‘s land. So, Jezebel wrote letters in Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust’s name and seal them with his seal and sent letters to the elders and to the nobles who were living in Jerusalem. Now she wrote in the letters, saying, proclaim a ‘relief of stay trial’ in the absence of Mr. Augustin. Then, issued a decree that Mr. Augustin’s land is now Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust.

So the men of Jerusalem, the elders and the nobles did as Jezebel had sent word to them, just as it was written in the letters which she had sent them. Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust take possession of Mr. Augustin’s land which he had refused to give. The sad part is that Mr. Augustin was forced off his land illegally and fraudulently. Mr. Augustin left with nothing and forced to seek refuge from Jerusalem to a land called ‘Fairfax, Virginia’ to start from scratch. Whereas, Ameriquest-New Century-Chase Home Finance-Deutsche Bank National Trust became more wealthy with the unwarranted possession of his and hold more than $700 billion of assets as a result.

Questions? Why was Mr. Augustin absent in the relief of stay trial? Why did the elders and the nobles just do as Jezebel asked them? Let us all fast forward in 2008, what do you think the elders and the nobles should have done differently?”

------------------------------

Testimony of God’s Blessing by Pierre R. Augustin!

The God of Israel, Abraham, Jacob, Job and David has delivered me and released me from all my debts. I give thanks to God for releasing me from my tribulation and torments, and I testify to the Goodness of God in my life. Thanks to the Blessing of God, I do not owe the banks anymore. Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

I had refinanced my house in Lowell, Massachusetts in order to support my company, AdMerk Corp. Inc. incorporated in February 2002 in the state of Delaware, USA. AdMerk was also located on the ‘Route de Delmas’ in Haiti, after having answered my mother’s request to come help her in Haiti due to her poor health condition.

Annual % Rate

Finance Charge

Amount Financed

Total of Payments

Evidence

1

8.455%

$383,963.00

$216,193.40

$600,156.80

Exhibit 1

2

7.559%

$423,656.62

$276,608.18

$700,264.80

Exhibit 2

3

9%

$21,944.00

$55,000.00

$86,944.00 (est.)

Exhibit 3

4

n/a

Line of Credit

$49,220.65

Exhibit 4

5

n/a

Personel Funds

$127,109.09

Discharge Debt

$187,658.00

Exhibit 5

Total

$445,600.62

$331,608.18

$1,163,196.54

I trusted God yesterday, I trust God today, and I will trust God even more until the last day of my life. I am testifying to God’s Goodness and Blessing publicly because of a `Convenant' that I made with GOD the Father, the Son and the Holy Spirit. First, I love God then I love you. Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!
In addition, I had asked God to protect me and never to let me fall victim to the insecurity in Haiti and I pray relentlessly. In seeking God’s protection, I fasted almost every day where I was living at Delmas 19, Port-au-Prince without any maidservant and Body Guard (God is my Body Guard and Protector!). I circulated by car or by foot during the day and evening without any fear in the name of the Lord, Jesus and the Holy Spirit. Indeed, I left Haiti safely without any direct threat or attempt of deadly physical harm or being kidnapped [Psalm 91:7] by the Grace God, Jesus and Holy Spirit. Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

In March 2005, I went to Haiti for an appointment at the American embassy for the Permanent Residence of my parents, and I left Haiti on July 1, 2005. Upon my return to the United States in July 2005, I made the decision to close the business because of the widespread insecurity, lawlessness, chaos and especially because of the lack or non-existence of commercial activity in Haiti.

When I arrived in Boston, I explained all my economic difficulties to DanversBank and informed them of the danger of `Kidnapping' which exists in Haiti and that I had no choice but to close the business in Haiti. The person in charge of my file at DanversBank, Danvers, Massachusetts, Allen Byrne, told me that my story sounded like a James Bond film (007). He said the bank will proceed to seize my house and sell it to recover the money that I owed them. I begged him to give me just 3 months to obtain a professional job in order to continue to pay the debt each month during the next 7 years because I was tired with the degrading situation, chaos and insecure climate in Haiti.

Allen Byrne of DanversBank, refused to speak to me and accelerated the debt entirely by asking me to pay immediately (Exhibit 6). Therefore, I was forced to file for bankruptcy [Deuteronomy 15], on September 26, 2005 (see Exhibit 7), in order to prevent the bank from seizing my house. Therefore, I became a temporary Substitute Teacher in the Lowell public schools, Lowell, Massachusetts earning $80 per day. When I receive the `Motions' to dismiss from the banks and other defendant lawyers, I was not able to work because I went to the library from the morning until late at night to read the Federal Rule of Civil Procedure in order to write concise answers to each lawyer within 14 days of the motion filing date at the Federal District Court for civil cases, so that my case will not be dismissed; so far so good. (See the http://www.rcxloan.com/Civil_Action_Motion_1.htm and other motions in that same category).

In December 2005, the lawyer for Danversbank has convinced Judge Joel B. Rosenthal, of the Federal Bankruptcy Court in Worcester, Massachusetts (Federal Bankruptcy Case #: 05-46957), to release my house from the protection of the bankruptcy law. DanversBank was able to continue with the sale of the house that was set for March 15, 2006 (Exhibit 8).

In February 2006, I consulted with 5 lawyers. I could not find anyone to take my case due to reasons of conflicts of interests. The conflicts of interest were that all the Real estate lawyers have a possible relation with title companies and also did not want to sue other lawyers of the same Jurisdiction.

Despite advice to abandon my house to the banks, I made the decision to represent myself in both Federal courts in Massachusetts. I made a `Convenant' with God by saying: `Lord my God, You gave me this house. I acquired it with the sweat of my face, and, God, you enabled me to save money to establish my business in the United States and in Haiti. If it is your will that I lose the house and am ruined financially, let it be done.

But, if it is not your will, Help me by increasing my intelligence and comprehension exponentially to understand the civil and bankruptcy law. Help me by giving justice according to your compassion, and Help me to avoid the loss of my house. Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

In addition, I had my Pastor, Frank Randon of New Horizons Church, Lowell, Massachusetts bless my house and I gave God my house in obedience to his word. Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

My part of the `Convenant' that I had promised to God is that I will Publicly Testify the Goodness of the Lord Almighty in my life as David revealed in Psalm 38, 1-23 and Psalm 118, 1-29. Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

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(This is) a psalm 38 of David. (He wrote it so that you, LORD) will remember him.

v1: LORD, do not tell me about my mistakes when you are not pleased (with me). Do not punish me because you are so angry (with me).

v2: For your arrows have gone deep into me and your hand has come down on me.

v3: My body is very ill because you are so angry and there is no health in my bones because of my sin.

v4: Also, my sin has gone over my head! Like a heavy weight, it is too heavy for me (to carry).

v5: My wounds are going bad, they are making a bad smell. (This is) because I was so stupid.

v6: My sins have bent me down, I am very near to the ground. Every day I walk about in black (clothes).

v7: Also, there is a terrible pain in my stomach. There is nothing good in my body.

v8: I am very weak. Everything is pushing down on me. I am making a noise (like a wild animal) because my heart is so sad.

v9: Lord, you know everything that I want. Nothing can hide me from you when I cry.

v10: My heart is beating fast and my strength is failing me. There is no light in my eyes.

v11: My family and my friends stay away from my wounds. The people that live near me stay far from me.

v12: Also, the people that are trying to kill me set traps for me. Those people that want bad things (to happen to me) are planning to destroy me. They only think about (their) lies all day long.

v13: But I am like a deaf man. I hear nothing. Also, I am like a dumb man. I do not open my mouth.

v14: So, I have become like someone that hears but does not answer.

v15: O LORD, I have waited for you! (I believe) that you will answer (me), O Lord my God.

v16: I say this so that my enemies will not laugh at me. When my foot slips they stand up against me.

v17: For I am ready to fall and my pain is always with me.

v18: But I will say that I have done bad things. My sin is always a trouble to me.

v19: Many people hate me for no reason. A lot of people are saying lies about me.

v20: Some people repay evil for good. They fight me when I try to do what is good.

v21: Do not leave me, O LORD. O God, do not go far away from me.

v22: Hurry to give me help, O Lord my Salvation.

Psalm 118
v1: Thank the *LORD because he is good. His *kind love will always be (with us).

v2: Israel must now say, "His kind love will always be with us".

v3: The house of Aaron must now say, "His kind love will always be with us".

v4: Everyone that is afraid of the *LORD must now say, "His kind love will always be with us".

v5: (My enemy) shut me (in a prison). There I cried to the *LORD. The *LORD answered me and made me free.

v6: The *LORD is with me. I will not be afraid. What (bad thing) can anybody do to me?

v7: The *LORD is with me. He gives me help. So, I will see (the *LORD destroy) my enemies.

v8: It is better to *trust in the *LORD than to *trust in people.

v9: It is better to *trust in the *LORD than to *trust in the leaders (of people).

v10: All the *nations were round me, (but) I destroyed them *in the name of the *LORD.

v11: They were all round me, yes, all round me. (But) I destroyed them in the name of the *LORD.

v12: They were round me like (a cloud of) *bees. They burnt (quickly) like a (dry) bush (burns quickly). I destroyed them in the name of the *LORD.

v13: (My enemy) pushed me so that I started to fall. But the *LORD gave me help (not to fall).

v14: The *LORD makes me strong and gives me psalms to sing. He has saved me.

v15: Listen to the happy shouts of God’s people in their *tents. (They do this) because they have destroyed (their enemies). The *right hand of the *LORD is very strong.

v16: The *LORD has lifted his right hand very high. The right hand of the *LORD is very strong.

v17: I will not die. I will live. I will tell everyone what the *LORD has done.

v18: The *LORD has *punished me a lot, but he has not let me die.

v19: Open the gates of the *temple for me. I will go in and thank the *LORD.

v20: This is the gate of the *LORD. *Righteous people can go in through it.

v21: Thank you because you answered me. You saved me.

v22: The men who were building threw away a stone. It is now in an important place at the corner (of the building).

v23: The *LORD has done this. And we think that it is *wonderful.

v24: This is the day that the *LORD has made. We will be happy in it, we will be very happy.

v25: *LORD, save us now! *LORD, make us do very well!

v26: The man that comes in the name of the *LORD will be *blessed. We *bless you from the house of the *LORD.

v27: The *LORD is God and he has made his light to shine on us. With branches in (our) hands we will go with the people who are going to the *feast. Go to the *horns of the *altar.

v28: You are my God and I will thank you. You are my God and I will say that you are great.

v29: Thank the *LORD because he is good. His kind love will always be (with us).

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DanversBank decided to sell the house on March 15, 2006 (Exhibit 9) which was published in the newspapers. In an effort to stop the sale through legal action (Federal Civil Case #: 06-10368), I filed for an injunction at the Federal District Court in Boston, Massachusetts in hope to prevent the sale of my house. On March 11, 2006, I received the decision of the Judge and my request was denied (Exhibit 10). I was unaware that Commonwealth Land Insurance Company, voluntarily assumed (unexplainable reasons) the debt of DanversBank on March 9, 2006 by taking over the note. I was informed of this just one hour before the public auction sale time of 10 A.M. on March 15, 2006 [Josua 10:12 - 13, Daniel 6:16 - 23]. Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

Even now, without any legal pressure on my part or personal request to their lawyers/Commonwealth, Commonwealth Land Insurance Company and DanversBank, have made no revelation of why the sale of the house at public auction was postponed to a later date. In effect, all my legal efforts were useless. If the sale had taken place on March 15, 2006, it would have been the end and I would not have had any legal remedy then because I did not yet have the knowledge and the know-how (until September 2006 or 6 months later) to block or to prevent the sale.

I finally invoked the right of rescission. Upon issuing the rescission notice, the security interest in my house is void. Now, the banks must refund all of the monthly payments I made since May 2002, and their mortgage is no longer secured by my house effective immediately and automatically on September 21, 2006 as a defense to foreclosure (see Exhibit 11 & 13, reg. Z §§ 226.15 (a) (2), 226.23 (a) (2), Official Staff Commentary § 226.23 (a) (2) - 1) & 15 U.S.C. § 1635 (b)). Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

In Haiti, I lost more than $100,000 US, in spite of having a Master in Public administration (MPA) from Suffolk University, Boston, Massachusetts in 1997 and a Master in Business Administration (MBA) from University of Massachusetts, Lowell, Massachusetts in 1999. In addition, I was in the midst of losing my family, my house and I was tempted at ending my life. Now, me and the Lord my God, are in the battle against [Josué 10:8] nearly 20 Lawyers (see Exhibit 12) to obtain FREE and CLEAR title for my house according to the Federal law of `Regulation Z' which stipulates that no Judge has discretion to set aside the voidance of the security interest (Exhibit 13 (ABC)). Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

On September 21, 2006, by the Grace of God, Jesus and the Holy Spirit, by granting me his Divine Knowledge and his Spiritual Guidance, I received a Favor [Deuteronomy 28:1 - 14, Job 42:10] of `GOD' more than 10 times what I lost in Haiti. At last, by the Grace of the Lord my God, I am no more in the Chains of Debt or financial bondage, having received God’s financial Deliverance, peace of mind and God’s supernatural revelation and guidance "to safeguard his and my house from this world". Glory to the Lord My GOD, for he is MIGHTY! Alleluia! Alleluia! Alleluia!

The Lord My God is so Wonderful, Faithful and Never Lies! Thus, I leave you to reflect and to meditate on the text of [Luke 11:9-10]: ‘So I say to you, Ask, and it will be given to you; search, and you will find; knock, and the door will be opened for you. For everyone who asks receives, and everyone who searches finds, and for everyone who knocks, the door will be opened."

In the same way, I leave you to reflect and meditate on the text of [Matthew 21:21 - 22]: ""Most certainly I tell you, if you have faith, and don't doubt, you will not only do what was done to the fig tree, but even if you told this mountain, 'Be taken up and cast into the sea,' it would be done. {21:22} All things, whatever you ask in prayer, believing, you will receive."

"May God Bless You!"

Pierre-Richard Augustin, MPA, MBA, Chief Financial Executive

www.RCxLOAN.com, Cell: 617-202-8069
"The man is what he thinks in his heart" (23:7 Proverbs); and it is the same for God."

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I can be reached for a FREE consultation at (cell) 617-202-8069 or (703) 584-5998,

it's FREE, there is no obligation whatsover...! Sincerely, Pierre R. Augustin, MPA, MBA

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1. Call and Speak with a Consultant, 1-617-202-8069 or (703) 584-5998, it's FREE!