Notice to Federal and State Public Officials

http://www.rcxloan.com/Notice_to_Public_Officials.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.


UNITED STATES BANKRUPTCY COURT OF DELAWARE

Pierre Richard Augustin, PRO SE )
Consumer Creditor and Party In Interest )
)
v. ) 07-10416-KJC
)
New Century TRS Holding Et Al, )
New Century Liquidation Trust )

REQUEST TO PRODUCE & INSPECT PUBLIC DOCUMENTS

Honorable and Distinguish Federal, State Officials and Non-Profit Organizations, May The Lord Almighty Bless You For Being A Dedicated Public Servant And Grant You More Wisdom, Knowledge And Understanding To Make Wiser Decisions On Behalf Of The Citizen Of The Greatest Nation On Earth, The United States Of America. In issuing a ‘Subpoena to support this request to produce public document’, Mr. Augustin is not seeking a legal confrontation with neither Federal or State Officials, Public Agencies & Non-Profit Groups. In order to reinforce that statement, Mr. Augustin makes the following oath:

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 Request to produce & Inspect Public documents because the records have some bearing on his claim.

No public officials will be asked to testify or getting involved in any way shape or form in the discovery process and litigation of this case. Mr. Augustin seeks only to gather public documents such as Transcripts of Expert Testimonies from Economist, Financial Executives, Settlement agreements between Attorney General and Financial Industry in reference to Predatory Mortgage Lending (Bank of America, October 2008), relevant public speeches made by Public Officials & Consumer Advocate groups to State Legislatures and to both House of Congress as to the root causes of the subprime crisis and the $700 billion Emergency Economic Recovery Act that will likely lead to admissible evidences in his case. I declare under penalty of perjury that the foregoing is true and correct and will abide by this oath, affidavit and affirmation.

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)

According to the discovery rule, a party may obtain any information from a non-party that pertains, even slightly, to any issue in the lawsuit, as long as the material sought is not legally ‘privileged’ or otherwise protected and [will tend to lead to admissible evidence.]

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 themes were that loose underwriting guidelines, mortgage fraud and deregulation were partly the root causes that led to this financial crisis. That is why today Mr. Augustin is reaching out to ‘Public Officials’ for transcripts of ‘these Public Documents’.

“I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” - 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)

STRATEGIC INTENT of Subpoena & Request of Documents from Public Officials
The Constitution of The United States not only establishes our system of government, it actually defines the work role for Federal employees - "to establish Justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty" by taking the following oath:

I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. 5 U.S.C. §3331

The public documents will help Mr. Augustin be on equal footing with Financial Institutions such as 1) Ameriquest Mortgage, 2) New Century Mortgage, 3) Chase Home Finance, 4) Deuthsche Bank National Trust and 5) others by gathering public documents that will likely lead to admissible evidences in Federal Court. Mr. Augustin is asking no public officials (Federal or States) to take side in his civil action. He is only seeking public documents & expert testimonies that are not privileges information in his search for equal justice and fairness as a result of being a victim of Mortgage Fraud and Predatory Lending.

According to an article entitled Mortgage fraud seen as prolonging U.S. housing slump, by Bob Ivry of Bloomberg News published on April 26, 2007 states that, "Misstatements about employment and income are being made every day," said Robert Russell, counsel to the director of the Office of Thrift Supervision, which oversees savings and loans. "The brokers are just putting down on paper what the underwriters would require.” The above mentioned article substantiate what Mr. Augustin’s has been arguing in his pleadings and motions before the Federal Courts.

“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).”

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 $699,999,999,700,000 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 $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?”

Therefore, let us further consider the additional situation or scenario by Ronald Dworkin:

“An impatient beneficiary under a will murder the testator. Should he be permitted to inherit?”

PARAMOUNT REASONS FOR ISSUING SUBPOENA & REQUEST OF DOCUMENTS
1. Public Interest
Mr. Augustin is only seeking public information such as transcripts, public speeches, expert testimonies at States Legislatures and both Houses of Congress regarding the root causes of Subprime crisis and the Emergency Economic Stabilization Act of 2008 signed into law by President George Bush.

2. Securitization of Mortgage Loan
Five decades ago, Mr. Augustin 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, Mr. Augustin must served both old and new businesses or anyone/entity as well as public officials to bring forth information that will likely lead to admissible evidence and have some bearing on his case.


3. Definition of Documents
The term “document” is used in the broadest possible sense and means, without limitation, any written, printed, typed, photostatic, photographed, recorded or otherwise reproduced communication or representation, whether comprised of letters, words, numbers, pictures, sounds or symbols, or any combination thereof, including, but not limited to, all memoranda, notes, records, letters, envelopes, telegrams, messages, studies, analyses, contracts, agreements, projections, estimates, working papers, summaries, statistical statements, financial statements or work papers, accounts, analytical records, reports and/or summaries of investigations, opinions or reports of consultants, opinions or reports of accountants, other reports, trade letters, press releases, comparisons, books, diaries, articles, magazines, newspapers, booklets, brochures, pamphlets, circular, bulletins, notices, forecasts, drawings, diagrams, instructions, minutes of meetings or of other communications of any type, including inter and intra-office communications, questionnaires, and surveys, charts, graphs, photographs, phonographs, films; tapes, disks, data cells, drums, print-outs, all other date compilations from which information can be obtained (translated, if necessary, through detection devices into usable form), any preliminary versions, drafts or revisions of any of the foregoing, and other writings or documents of whatever description or kind, whether produced of authorized by or on behalf of anyone else, including non-identical copies and draft of any of the foregoing, now in the possession, custody or control of Federal and State Officials.

CONCLUSION
The quotation mentioned by Dworkin is “drawn from the New York Decision of Riggs v. Palmer in 1899. The will in question was validly executed and was in the murderer’s favour. But whether a murderer could inherit was uncertain: the rules of testamentary succession provided no applicable exception. The murderer should therefore have a right to his inheritance. The New York Court held, however, that the application of the rules was subject to the principle that ‘no person should profit from his own wrong’. Hence, a murderer could not inherit from his victim.”

Mr. Augustin is a victim of predatory lending and mortgage fraud. The financial institutions ultimately deprived him of his property rights with an illegal and unwarranted foreclosure despite civil action in Federal Courts. That is why your help is needed since Mr. Augustin is facing an uphill battle with savvy lawyers that have unlimited budget at their disposal to raise legal technicalities and objections despite irrefutable evidences of wrongdoing on the part of these financial institutions.

Ronald Dworkin regards law as an interpretive process under which individual rights are paramount. Society is composed of individuals. In the name of the public interest and public good, your contribution of ‘Relevant Public Documents’ will serve as a pivotal point to balance the equation, 4 = 4 instead of 1 against 4 Giants. Thus, protection of Mr. Augustin’s rights arguably becomes part of the public interest which in turn benefits some members of the population who were given risky loans and harms no taxpayers in the process. Thank you for providing ‘Relevant Public Document‘. May God Bless America.

Respectfully Submitted,

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

Date: October 14, 2008
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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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