Consumer complaint received 2018-01-08
Product: Mortgage — Conventional home mortgage
Issue: Struggling to pay mortgage — 
Company: Brock & Scott, PLLC (MD)

I have written your office before about a wrongful foreclosure and have been working this on my own due to cost. The New York attorney generals office advised me to contact your office and inform them of what assistance I receive. Concerning this foreclosure action violations of Judicial Law 487,28U.S.C. 455 ( a ) and 28 U.S.C. 144 have occurred in the XXXX County Clerk of Courts and Superior Courts office. Fraud upon the court is evident and the words of Superior Judge XXXX make that clear. Judge XXXX allowed XXXX XXXX attorney, XXXX XXXX of XXXX XXXX to switched evidence changing the Promissory Note submitted into evidence before the court in the Clerks hearing as the " original note '' and to a " new Promissory Note '' submitted in Judge XXXX trial court hearing as the " original Promissory Note '', the notes are different, while both are fraudulent, one is redacted the other has removed the redactions but still shows evidence of tampering which is misrepresentation and fraud. The fact of the matter is you can not have two different promissory notes as an original, or certified true copy, this is fraud upon the court. We have copies of both sets of documents that were presented into evidence and shown to Judge XXXX. Judge XXXX on the 2nd day of our appeals hearing informed us that " this is a new trial and any errors or mistakes made in the clerks office are forgotten ''. This violates due process by constitutional amendments XVI and VI respectively and in-acts the due process clause. This has the effect of not allowing the Plaintiffs proper notification before a trial, as he states this was a " new trial '' not the appeals hearing we paid a bond for and had prepared our evidence to address, while suppressing the evidence of the Plaintiffs to benefit the Defendant ( the lender ) by failing to review the fraud upon the court committed. 

To add further insult to injury Brock and Scott is now moving to sale my home on XX/XX/XXXX based on fraud upon the court and this fraudulent documentation they sent us which makes the courts order to foreclose void. The clerks office knew that on XX/XX/XXXX the Lender, XXXX XXXX  and XXXX XXXX XXXX XXXX had failed to appear yet allowed them to send Attorney XXXX XXXX to the hearing to try and deceive the Plaintiffs into thinking she was the Trustee when she is in-fact a stranger to the proceedings in an attempt to appear before the court that the Lender and Trustee had appeared when they had in-fact defaulted. We asked for a dismissal as this was an unfair and deceptive trade practice, and fraud upon the court, this was after 3 years of continuances by the Lender ( none by the Plaintiffs ) the Clerk refused to hear our motion to dismiss, walked into a room across the hall where we could see him and appeared to make an ex-parte phone call. The clerk returned to the hearing room and informed us he " had '' to give the Lender one more chance to appear and forced us to return for a hearing on XX/XX/XXXX, this is a gross violation of the due process clause. The clerks own continuance states the Lender directed this hearing was " canceled and on hold '' and it appears the clerk operated in a biased manner under the direction of the Lender. The clerks actions violate Judicial Law 487,28U.S.C. 455 ( a ) and 28 U.S.C. 144 which call for his recusal and void any judgments or orders by him according to the law. It is this same clerk that gave the order to foreclose on XX/XX/XXXX The fraudulent markings on the Promissory Notes are clear when personally inspected and Judge XXXX own words acknowledge that " errors and mistakes ' were made. However, these errors and mistakes he refers to are violations of laws, constitutional amendments XVI and VI and the due process clause. A valid legal decision can not be based on Fraud upon the court and bias of the officers of the court in favor of the Defendant/Lender. I am waiting for the certified transcript of the hearing I ordered as I believe it makes the actions/bias of Judge XXXX clear, which require him under Judicial Law 487, 28U.S.C. 455 ( a ) and 28 U.S.C. 144 to recuse himself and invalidates any judgments or orders he gave. 

We are determine to continue our fight until justice prevails, you can not make a legally valid judicial decision when fraud upon the court is at the heart of it. We are seeking your assistance in righting this wrong. 

Respectfully, XXXX and XXXX XXXX