Darrell Neilander, a former client of the foreclosure/tust company/mass joinder companies Omni Home Solutions and Rampart MMW sent in the following contributed information in an effort to help inform others of his experience with two companies that are claiming to help save his property from foreclosure and get his home free and clear. I’ve written about these companies, Omni Home Solutions and Rampart MMW.
According to the most recent bankruptcy case filed by Rampart MMW, consumers in Colorado, Georgia, Utah, Florida, Illinois, California, Nevada, Texas, Idaho, Missouri, Delaware, and New Jersey are named participants in this approach. The banks included are Aegis Lending Corp, American Mortgage Network, Integrated Lender Services, Bank of America, Bank of Maine, Bank of San Juans, Chase, Chase Home Finance, CitiFinancial, CitiMortgage, First Federal, First Federal Savings, First Horizon Home Loans, Household Finance Corp, JPMorgan Chase, National City Mortgage, Nationwide Lending, New York Community Bank, SCME Mortgage bankers, US Bank, Wells Fargo, Wells Fargo Home Mortgage, Wilmington Finance, WMC Mortgage Corp, and Zions First National Bank. – Source
I’ll let Neilander’s contributed documentation below speak for itself.
Request for Comments
If you have had any experience with Rampart MWW and/or Omni Home Solutions that you would like to share, please post it in the comments below.
All comments are welcome. I’d love to hear from past, current or prospective clients and hear what you have to share about the approach these companies are taking.
And I’d welcome a public comment from the company in response to Neilander’s submitted statement and documentation to backup their claims of success for this process.
You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.
From Darrell Neilander
I would like warn all you followers to beware of a company called Omni Home Solutions and Rampart. I hired this company to challenge the alleged creditor of my mortgage in what is called a adversarial process in a bankruptcy.
I believe that the alleged creditor is not in fact the real creditor of my loan and the adversarial process is a legal way to challenge the alleged creditor and make them prove to a court of law that they are indeed the true creditor. Omni and Rampart advertised on with marketer Michael Edwards (Keith) owner of Your Remedies In The Law (YRITL) and that they had 77 wins in BK court with this procedure. The Federal BK courts don’t mess around and the alleged creditor is forced to prove it’s ownership or at the very least, the true investor/creditor would be revealed. Only then a true modification or negotiation could and would be accomplished with the rightful owner of our loan.
John Wright Radio Interview With Michael Edwards
Here is Wright’s post on the Omni program.
The same owners offered a process that would help while the joinder cases proceeded. We paid our money, formed the trust and waited for the company to do as promised. Challenge the fake creditors.
Omni and Rampart filed the 1st of what is now 3 bankruptcies in December 2011. The first bankruptcy was filed by an attorney named John Carter from Iowa. That case was summarily dismissed. It was around this time I became aware that Omni was charging homeowners a monthly fee to pay for the bankruptcy at a minimum of $750.00 per person.
The sales message says, “There is also a $750.00 monthly fee for maintaining this action and is only payable for the time it takes to complete this action. It is estimated that this process will take from 6 months to 12 months with resolution most likely around the 8th to 10th month.”
I was not one of those people because there was never any agreement for us to pay such a fee. My real concern started when I realized that YRITL and Michael Day (Lawrence) continued to market the suit collecting money from desperate home owners while not informing them that the case had been dismissed. After a lot of pressure from me and other consumer advocates they stated that the case was dismissed and that OMNI would be refiling in CA. The main reason for the CA filing would be that Attorney Carter I assume would be moving to CA from IOWA and would be able to fight litigate the case in bankruptcy.
A search of the State Bar of California does not show any attorney named John M. Carter that is licensed to practice law in California. – Source
They informed the homeowners that they must continue to pay them the monthly fee they demanded. OMNI then filed their second BK in CA. Same story. They still collected monthly fees from homeowners and never really protected them as they promised. Home owners contacted me because they were being foreclosed on even though they were paying for the process. I assume they contacted me because I was quite vocal in my protests and the homeowners thought I could be their voice.
I also paid Omni for this service and I was quite upset that they were taking my money also and not fighting the case. Again the case was dismissed. I and others wer outraged. Who were these people James Carter, Monica Montgomery, Michael Lawrence Day, Michael Edwards Keith. The Omni Home Solutions was clearly taking peoples money and not pursuing the legal case they marketed and sold to consumers.
I for one was not going to pay them another dime nor was I contractually obligated to pay neither were the other homeowners who signed up for the original deal. Home owners started to get very upset with these characters and I assume were also refusing to pay. Then we all received an email from Pastor Rick Moran and Omni that they were filing a new case and that the bankruptcy trustee said that all homeowners must sign this new contract and if you the homeowner did not sign the contract you would be removed from the proceeding.
Alleged Email from Michael Edwards to Darrel Neilander
From: darrell neilander
Sent: Monday, June 25, 2012 10:56 PM
Cc: [email protected]; ‘Rampart MMW’
Neilander said: Like I said to everyone many times. If the service is doing as promised no one ever hears from me.
ME Said: You have just identified the crux of your issue with ML; “If the service is doing as promised”. Darrell, no one promised you anything. Let me repeat, NO ONE PROMISED YOU ANYTHING! What I hear ML say is, paraphrased, ‘this is the plan’ and ‘this is the anticipated outcome’. THAT’S IT!
I have met people before who literally fantasize/fabricate, and with all sincerity, ‘facts’ in their own understanding, that simply is not true. In other words, they hear what they want to hear and they think what they want to think. It’s just the way they are wired. A perfect example is below in the next part of your eMail; “I know for a fact that the Trustee did not tell you how to write your contract.” Darrell, were you there? Do you have first hand knowledge? Are you in direct communication with this Trustee? Now, analytically speaking, one may deduce that the Trustee did not tell someone how to write the contract, BUT you nor I know that. I have witnessed judges in open court practice law from the bench – a violation of Due Process – and coach the side the judge wants to win and tell them what they need to do to correct the issue. I’ve witnessed that. So, I would conclude that in the realm of possibilities that the Trustee DID COACH someone on how to write the contract so they may be able to do what they want to do with it. That is absolutely possible. Especially, when you consider there are many people in the legal system who no longer support the Banksters as they once did.
This is my opinion. There is no need to rebut or counter.
I protested vehemently as I did not believe the trustee knew or authorized this contract nor do I believe the Trustee knew how OMNI was forcing people to sign or being expelled. The new twist in the contract was now OMNI was telling consumers that they would have to give up 25% to 26% of there home in addition to agreeing to pay OMNI the monthly fee for 3 years. The contract itself was obviously predatory and is considered as such by the California Attorney General.
When I protested and refused to sign. Omni promised to change the contract and asked me to send them the parts I had problems with I did and they never resolved the issues. I contacted them several time in regards to the issue but they would ignore the issue and refused to address it.
I received a call in early July from Pastor Rick Moran who told me I better start paying or he was going to remove me from the program. I indicated that I was not going to pay him or Omni another dime and that I felt he was taking advantage of homeowners. I was not going to sign the contract based on the advice of the CA AG. I also indicated that I was going to contact the BK court and the trustee and inform them of what he and his company was doing. He responded by saying to me “DO YOU KNOW WHO I AM? DO YOU KNOW WHAT I CAN DO?”. I thought this guy is a Pastor. His comment in tone and tenor certainly didn’t sound like a religious person a man of the cloth so to speak. Either way I don’t like being threatened. I wasn’t going to take it. Soon after his threats of kicking me out of the bankruptcy I received a email stating the attorney said all my documents were in order. What the hell did that mean? He wouldn’t elaborate.
It was at this point that they refused to answer my questions yet they continued to request money. I contacted the Attorney of record Monica Montgomery requesting answers to my questions. I also through sources was able to obtain information that that the original attorney John Carter may be the same John Carter who was disbarred in Nebraska.
A John M. Carter was disbarred in Nebraska in 2011. “It is therefore the judgment of this court that Carter be disbarred from the practice of law in the State of Nebraska, effective immediately.” – Source
If this was the case I advised her that I did not want a disbarred attorney working on or have anything to do with our trust. I once again gave them a couple of days to answer my questions before I moved forward with the process of having the authorities and the bankruptcy court investigate these matters.
Well, Ms Montgomery did not reply but her attorney or representative did, who was her attorney/ agent none other but John Carter. (please see letter it speaks for itself)
From: John Carter [email protected]om
Sent: Wednesday, July 25, 2012 3:36 PM
Subject: Response to Allegation of Fraud
I received a copy of the email you sent to Monica Montgomery concerning Rampart MMW. I am stupefied by your allegations of fraud and your threats of blackmail against Ms. Montgomery if she does not respond to your demands to contact her and answer questions, which is a cloaked attempt to receive free legal advice and defame my character.
Firstly, Ms. Montgomery does not represent you. She did not set up your trust, nor did she have any dealings in the conversations, formations or agreements that you signed with the parties setting up your trust or with Rampart at the time your trust was formed. Therefore, she has no legal or ethical obligation to contact you whatsoever. If you had even an ounce of legal competence, you would know that the email that you sent to her would bar any such contact due to possible conflicts of interests. It would be better if you hired your own attorney rather than attempt to blackmail someone into giving you free legal help and advice through threats.
Secondly, I take the tone and statements in your letter as a direct assault against my character. I also deem your communication to Ms. Montgomery as an intentional interference with my business relations which, is a violation of state law in California. Your statements concerning me and any disbarment allegations is an attempt to convey a message of an unfitness to conduct business with individuals and companies. It is also is a direct assault on my credibility to work with anyone in the legal community. I am extremely offended by your malicious, willful and wanton disregard for the truth and your slanderous and libelous statements concerning me as an individual. I too will seek remedies against you for making such accusations. Thank you for being stupid enough to actually put your caustic statements in writing and send them to a LAWYER. Your allegations puts me in a false negative light. In the future I recommend you gather all your facts before making libelous statements against an individual. Whether I was actually disbarred or not, I still possess the academic ability to file and win civil complaints against incompetent and apparently racist idiots like you.
Thirdly, as far as any fraud you may be alleging, based upon your own communication, the only person attempting to commit any fraud is you. You stated in your email that you are the trustee of you own trust (King Street 30 Trust), which I ‘m sure you are probably the beneficiary and grantor all wrapped into one. I am investigating the “trust” you have set up. If what I suspect is factual, then I am certain that the Internal Revenue Service will be more than interested to investigate and inquire about the trust formation and how it directly relates to you. If your trust is dissolved, it would have had nothing to do with me or Monica Montgomery. Perhaps you should more appropriately contact the attorney or paralegal that set up your trust, or if you did it yourself, go back any study how they are to be lawfully created, managed and operated.
You do not need to respond to this email. As a courtesy, I am responding because I did not want my next actions in response to your threats to render any surprise. I do not play games. I take threats very seriously and will conduct myself accordingly in this matter.
Ms Montgomery I assume had told Mr Carter that I was blackmailing her and that I was trying top get free legal advice. This of course is based on her attorneys email to me. Ms Montgomery had Mr Carter reply to my request for answers.
Mr Carter threatened to sue me if I continued with my course. Among other things Mr Carter wrote that I was “racist idiots like you.”. Wow, I never talked to or have I ever met with Attorney Carter before but now I’m a racist idiot. I don’t know what his relationship is to Rampart or with attorney Montgomery. I don’t know why he is receiving money from Rampart according to their filing. Is he allowed to practice law in CA? How could he be running this case if he is not the attorney of record.
Please pay special attention to the listing in the bankruptcy of trust for 4366 Conner Court in San Diego. Is Rick Moran using my funds and the funds of others to litigate his home? What about Lawrence Day is his trust in the bankruptcy. Last but not least is John carters home involved in the bankruptcy.
Basically I am just a homeowner who refused go along with these characters and they are retaliating against me because I may expose what ever plan they may have cooked up. I am not accusing anyone of these individuals of fraud.
I am not a agency that makes that determination. Only the government can investigate this matter. All we homeowners have to protect us is the government and their agencies state and federal to protect us Consumer advocates like you have the ability to investigate these matters. Homeowners look to you when those government agencies fail to protect us. I ask again who is litigating the OMNI case John Carter? Does anyone care whats happening here.
July 17, 2012 Update to Omni Home Solutions Mailing List
From: OMNI HOME SOLUTIONS [email protected]
Sent: Tuesday, July 17, 2012 1:45 PM
Subject: Rampart Monthly Dues
Hoping everyone is having a wonderful summer. Rampart continues to press forward as your advocate in protecting your consumer rights as homeowners. If you received this email it is due to lack of payment of your Rampart monthly dues.
Some of you are 1 to 2 months behind. Rampart as of tomorrow (Wednesday) is required to report to the US Trustee all dollars collected and not collected. Rampart is not sure if the the US Attorney will look at no payment an additional sign as to your ability not to meet your financial obligations. Thus, it could affect your inclusion as we move forward.
The Attorneys for Rampart are attempting to streamline this process to take more and more responsibility off of the US Trustee and place them on themselves and Rampart.
If you have contacted Rampart and made payment arrangements you are not included in the above. However, if you are behind due to hardship that needs to be communicated immediately so we can address that with the US Trustee. All here at Rampart have your best interest at mind. Please find below deposit information for you to make a direct deposit into the Debtor in Possession Account for Rampart. Make your deposits and email to this address proof of payment so we can update your files to reflect that you are current in this matter. Thank you for your prompt attention to this.
Rampart MMW, Inc.
Acct. [ ]
Routing [ ]
Bank: Wells Fargo
Alleged Marketing Plan
From email sent to Neilander by Michael Edward.
“So, following is the order of the New Plan of Attack.
ML’s Admin Process is now $4,000.00, up from thirty-five hundred, to include – MOST IMPORTANTLY – a full forensic audit and a full securitization audit with CUSIP and REMEC tracking numbers detailing the true and real multiple transactions and their respective profits associated with your loan. So far, each of the twenty test cases we’ve looked at show that the True Owner and Holder of the Note is NOT the one who is working to steal your home. In three instances, ML has seen where the loan closed 3 days before you actually signed at the Closing Table. This purchase will show you how in the future this will prove to be fatal for their efforts. The Administration Process is designed to establish on the record the various federal violations and the procuring of an Evidence Package that will become the veritable Stake into the Heart of this Beast.
ML’s OMNI Trust is $2,500.00. Its purpose is to stop, immediately, the forward motion of the stealing of your home. Bankruptcy courts are the only measure that will do this and The OMNI TRUST facilitates this BK by way of the placement of your property – 25% of it – into the OMNI TRUST. Whereas Chapter 7 or 13 will typically run for 4 to 6 to 8 or even 12 weeks, BK 11 is typically good for 6 months and/or more. This BK11 is processed by an attorney who you pay separately $1,200.00 for their work in managing your BK11, which, incidentally, does not affect you personally as it is a business with this trust that files and not you individually. The OMNI TRUST is simply there to stop everything for the moment. OMNI TRUST results in stopping, temporarily, the foreclosure process against you giving you time to regroup and stay in your home.
ML’s OMNI GOLD is what YRIITL now promotes to deal with The Banksters – not replacing TNLS – but augmenting it. The OMNI GOLD costs $2,500.00 also. It is here were the BK attorney utilizes what you purchased in Step One; the forensic audit and the securitization audit. It’s one thing when you are going at them Pro Se and it’s another matter when your attorney is going after them. Again, this BK11 is processed by an attorney who you pay separately $1,200.00 for their additional work in prosecuting your BK11’s Offensive Litigating Strategy as they launch an attack within your BK11. Unlike TNLS where you are joining many, many others in a single law suit, OMNI GOLD is a one-on-one fight. Your lawyers will file an adversarial proceeding within your BK11. In addition to your adversary never overcoming this audit evidence, your attorney is also utilizing a Cash Bond in the full amount of your alleged ‘debt’ to put a Demand upon the court for your adversary to Prove Up Their Claim. The cost of this Cash Bond is what you are paying to the Underwriter as the fee in this program. This will take the form of placing the Cash Bond before the court in lieu of your adversary providing the Original Wet Ink Promissory Note; the Chain of Custody showing how they lawfully came into possession of it; the Call Report of the days transaction of your ‘Original Lender’ proving they had money to actually loan and not their credit to loan, which is against the law and lastly the actual certified copy of the ledger proving the funding of your ‘loan’. Do you think that is going to happen? OMNI GOLD should result in you getting your note voided and your lien (mortgage or DOT) removed.
There is also a $750.00 monthly fee for maintaining this action and is only payable for the time it takes to complete this action. It is estimated that this process will take from 6 months to 12 months with resolution most likely around the 8th to 10th month.
Now that your ‘lender’ is exposed for the fraud that they are and you have this portion of financial settlement with them it is time to file your Federal Law Suit that brings to courts this ‘lenders’ violation of the [FDCPA] Fair Debt Collection Practices Act; the [FCRA] Fair Credit Reporting Act and the [TPA] Telephone Protection Act. This is yet another law suit and another opportunity in addition to The National Law Suit for you to receive reward for their crimes.”
Email Sent to One Consumer
The following email was allegedly sent by ML and states how successful the program will be.
From: Rampart MMW
Date: Tue, Nov 29, 2011
If you want just basic OMNI fill out the attached info sheet for the attorney ASAP and return.
WE HAVE TO HAVE THIS BACK BY NOON TOMORROW (WEDNESDAY THE 30th).
If you want OMNI GOLD I will convince the attorney and investor of your hardship and you will need to pay only $500 per month.
This price is only available to 2 properties per filing and we already have one party at this price.
This means you should have your home free and clear (except for our back end fee) in a year and your property will be protected in the BK11 for the whole time.
We need to know by noon tomorrow. If you desire this then fill out the agreement attached and return with spreadsheet.
Attached Contract (Interestingly it appears to have the name of the company wrong as Omin HomeS Solutions)
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