Jean E. Allan
309 Waukewan Road
Center Harbor, New Hampshire 03226
279-6425
December 6, 2005
Governor John Lynch
Office of the Governor
Concord, New Hampshire 03301
RE: Robin Arkley II, SN Servicing Corporation, Ingomar LP: mortgage fraud; High Birches Springs fraud; death and disappearance of the body of my mother Agnes S. Allan, and the two attempts already made upon my life, among other things
Dear Governor Lynch:
You may, or may not be aware, but I have been writing to you for over a year now in re: above captioned complaints. My prior request has been for the State of New Hampshire, in whatever capacity and under whatever jurisdiction necessary, to appoint an independent counsel to investigate what went wrong, and how it can be corrected, to include the restoration of my family’s property, the High Birches Springs, and other compensatory damages. I have stated in the past that the liability for damages should be placed upon those who committed the crimes and not the New Hampshire taxpayers, which I perceive to be the plan of the perpetrators.
I have attached, as has been my practice, the most recent letter that I have written to the Chief of the Criminal Fraud Division of the US DOJ. The letter speaks for itself, and has implications for the State of New Hampshire, if the facts prove to be true.
At this time I am preparing my brief that I will file with the New Hampshire Supreme Court as soon as the Court requests it. Also, it is my understanding that Judge McHugh has been named in a Bill of Address that is scheduled to be heard sometime in January. I have already spoken with the representative that brought the BOA and I intend, if asked, to testify against Judge McHugh at the hearing.
It is well settled law that an order procured by fraud can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the Court. I intend to do everything possible to keep my standing as a New Hampshire citizen during this entire process. The most recent Order that allows Ingomar, LP to foreclose immediately was procured by fraud and therefore is considered by me to be a void judgment. I want to put your office on notice that if anything happens to me during the process of eviction, which is a foreseeable consequence due to Judge McHugh’s denial of my Motion for Immediate Stay Pending an Appeal, I will hold the State of New Hampshire responsible.
The first time I was made aware of SN Servicing, Ingomar LP and Robin Arkley II, I took some time to research any prior court cases they may have been involved in. I was surprised to see how many cases had been brought under the category of ‘mortgage fraud’. The gist of the fraud was as follows:
Arkley’s related companies all belong to an electronic recording service named MERS. The MERS nominees claim publicly to own or control over 30,000,000 mortgages nationwide.
- The initial mortgage broker would make the loan with John Doe. Then the loan and mortgage would be immediately sold, unbeknownst to the borrower, Mr. Doe, to one if not more related entities.
- Mr. Doe dutifully pays the first company, as he is not informed that his mortgage has been already sold. The first company cashes Mr. Doe check so he does not suspect anything is wrong. Since the law only requires that the mortgage be recorded on MERS and no longer in the local registry of deeds, Mr. Doe has no reason to suspect that he is delinquent in his payments, until he gets a notice from one of the affiliated companies in the chain of title.
- By then a Decree for Sale is in effect and Mr. Doe has his property foreclosed upon before he even knows what happened to him, or his property.
I have attached a recent news report that lays out the same fraud. Only lucky for these borrowers, a News Report Team intervened and prevented the foreclosure. In the attached report the company that got busted was the ‘cutout’ company CHL. The initials CHL could, and most probably do, stand for Countrywide Home Loans. Coincidently it was Countrywide who was in the process of foreclosing. The ‘cutout’ company is then closed and Countrywide continues with others. SN Servicing and Ingomar LP have been found doing the same fraud, but due to their power in the court’s I have found no cases where the borrower won. However, it is reasonable to believe that if Arkley’s companies are co-conspirators in a fraud scheme of any nature, it is also reasonable to believe they are committing fraud in my matter as well. All the facts in my matter point to a ‘crime in progress’. However, Arkley’s power and influence in this State appear to be in tact.
The reason I am pointing all this out to your office is that my family and I are not the only ones who are suffering under the fraudulent tactics of companies such as Ingomar LP et al. Yet alone none of us can stand up to the power and influence that they wield in small States such as New Hampshire. In New York, for example, the Attorney General is in open combat against these predatory lenders, and even he is having his difficulties. But at least he is trying. At least New Hampshire could try to protect its taxpayers against these predators. All I am asking is that New Hampshire ‘try’. I have no illusions that the rich and the powerful have a great hold on the politics of the State; but what is the point of the ‘great experiment’ that the Constitutions both Federal and Sate, have laid out, if its Executives don’t even try.
Sincerely,
Jean E. Allan
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