In PA, mortgage foreclosures set aside for failure of notice provisions

Thanks to Cynthia Stevens, blog fan:
PENNSYLVANIA SUPERIOR COURT HOLDS THAT ALL FORECLOSURES BASED UPON INCORRECT ACT 91 NOTICES MAY BE SET ASIDE AT ANY TIME; OUR ACT 91 NOTICE WAS CORRECT February 2012                                                                                                                        by  Peter E. Meltzer 
On January 30, 2012, in a decision of major importance to mortgage holders in Pennsylvania, the Superior Court held that the form of Act 91 Notice promulgated by the Pennsylvania Housing Finance Agency does not contain an important provision required by the statute and that, as a result, all residential mortgage foreclosures which began with a defective Act 91 Notice are subject to being set aside at any time. This is so even if the mortgagee or its counsel relied on the Model Uniform Notice (i.e. the approved form) which was issued by the Legislature in connection with the statute.  In particular, the mortgagee is required to notify the borrower that they have a right to a face-to-face meeting with the mortgagee, and not just the consumer credit counseling agency.  The Model Uniform Notice does not contain this required language but most mortgagees and law firms simply relied on that language in sending out their Act 91 Notices and thus they are incorrect. This holding was announced a few weeks ago in Beneficial Consumer Discount Company v. Vukman, 2012 Pa. Super 18 (2012).
The decision is significant because it is jurisdictional, meaning that the issue can be raised at any time, even after a Sheriff’s sale, and will have major repercussions on Pennsylvania foreclosures.   Moreover, the fact that the attorney or lender or loan servicer relied in good faith on the regulations was held not to be a valid defense.
More information can be found here including an entire white paper from Penn. Legal Aid Society:
Avoiding Foreclosure Update 2012 Pennsylvania Legal Aid Network June 12, 2012
Case Summaries Bank of New York Mellon v. Ellis, PA Super April 23, 2012 (summary judgment in foreclosure reversed re no showing of compliance with FHA servicing requirements)
Beneficial Consumer Discount Co. v. Vukman, 2012 PA Super 18 (court set aside mortgage foreclosure sheriff sale based on defect in Act 91 pre-foreclosure notice) Bennett et al. v. A.T. Masterpiece Homes, PA Super. March 6, 2012 (a UDAP issue, UDAP sometimes being used in cases involving mortgage companies)
Cave v. Saxon Mortgage Services Inc. and Ocwen Loan Servicing LLC, 2012 U.S. Dist. LEXIS 75276 (E.D. Pa. May 30, 2012). Court declined to dismiss breach of contract count in class action case seeking to enforce HAMP trial plan.
Healey v. Wells Fargo, 2012 WL 994564 (Pa.Com.Pl.), CCP Lackawanna, March 12, 2012. Court declined to dismiss (preliminary objections) breach of contract, UDAP, fraud in the execution and promissory estoppel counts in action seeking to enforce HAMP trial plan. Court sustained p.o.’s re fraud in the inducement, negligent misrepresentation, infliction of emotional distress. (Note: Wells provided borrowers a copy of the trial plan signed by a Wells employee.)
Jones v. Wells Fargo, 2012 Bankr LEXIS 1450 (E.D. La. 2012) (debtor awarded punitive damages of $3.1 against Wells Fargo for servicing abuses). Court declared that Wells Fargo exhibited “reprehensible” The court had previously found that the bank improperly applied payments to interest and fees instead of principal and improperly charged the debtor more than $24,000 in fees.
WMC Mortgage v. Baker, 2012 WL 628003 (E.D.Pa. Feb. 28, 2012) (TILA rescission upheld in case where securitization trust proceed

If you find corruption in the courts, report it here.

Please rate the judges on this page and let others know what they do.

In the case of Mary G Sykes she was narcotized to death at age 95 under the supervision of Judge Aicha MacCarthy who never cared about this woman.  She let attorneys Farenga, Stern and Schmeidel run amok in her courtroom terrorizing Mary and Gloria Sykes.  Mary Sykes was narcotized to death without autopsy or tox screen. This must end.

Go rate your judges now.

Show the ARDC and Jerome Larkin you support Attorneys that blog about corruption!

A new go fund me in response to a $17,000 bill that I recently received for my ARDC trial.

It’s absolutly outrageous.  I am cleaning up the messes they leave behind because they cannot read and are not interested in the US Consitution.

They want attorneys to cover up the “target, isolate, drain the estate, eliminate and cremate” mantra their lack of disciplining dirty attorneys foster and protect in Illinois probate courts.

I don’t have the money because I run a charity and represent clients for free or low cost.


If you want to send them a check written on a coffin of your deceased loved one, a check on the shirt of your back, I would be glad to send it along.

Checks written on special items–obituaries, memorial services, maybe even Alice Gore’s gold teeth, will most certainly be sent along and I will publish the pictures here.

If you don’t know how to do this, I will be glad to help you.  Just bring in any photo you want and it will be reproduced on a check to their dirty, no good, transcript changing, Elder Cleansing and Assisting, corrupted state agency.

Mark all checks “donation to end corruption.”



Court of App for Fed Circuit Upholds offensive TMs and the First Amendment

from the wall street journal:

The U.S. Court of Appeals for the Federal Circuit in Washington struck down a long-standing provision in federal law and sided with Simon Tam, the frontman for the Asian-American rock band The Slants, who sought to register the band’s name. A U.S. Patent and Trademark Office examiner had denied it, saying the phrase was likely disparaging to people of Asian descent.

Tuesday’s decision endorsed a robust view of the First Amendment as it struck down a nearly 70-year-old provision in the Lanham Act that barred the registration of disparaging trademarks. The court, however, also acknowledged its ruling opened the door for the registration of trademarks that contain ethnic slurs and “offend vulnerable communities.”

“Whatever our personal feelings about the mark at issue here, or other disparaging marks, the First Amendment forbids government regulators to deny registration because they find the speech likely to offend others,” Judge Kimberly Moore wrote for the court’s majority. She said the Constitution protects free speech “even when speech inflicts great pain.”

Tuesday’s case wasn’t unanimous. One dissenting judge, Alan Lourie, disputed the idea that there were bedrock First Amendment principles at stake. He likened the case to the recent Supreme Court battle over whether Texas could reject a license plate featuring the Confederate battle flag. In the case before the high court, justices concluded that license plate designs are “government speech” and fall outside of First Amendment protection.

Tuesday’s decision overturned past legal precedent and would “further the degradation of civil discourse,” wrote Judge Lourie.

The trademark office has rejected a number of other trademarks on the basis that they were disparaging. Among the more controversial decisions, it objected to an applicant who wanted to register “Khoran” as a trademark for wine. And it turned down an attempt by Heeb magazine, a publication marketed to young urban Jews, to register “Heeb.”

From Ken Ditkowsky – Get the IRS involved in Sykes!


From: kenneth ditkowsky <>

To: JoAnne M Denison <>, Probate Sharks <>, Tim NASGA <>, Nasga Us <>, Janet Phelan <>, Eric Holder <>, “FBI- ( (” <>, Chicago FBI <>, “J. Ditkowsky” <>, Matt Senator Kirk <>, “” <>, Chicago Tribune <>, FOX News Network LLC <>, SUNTIMES <>, ISBA Main Discussion Group <>, “” <>, Candice Schwager <>, KRISTI HOOD <>, Katherine Hine <>, Edward Carter <>, Cook County States Attorney <>

Subject: Re: Fw: WSJ Blogs – Ruling Upholding Offensive Trademarks Could Give Redskins a Boost – Law Blog

Date: Jan 27, 2016 9:58 PM

I am more interested the Rule of Law that is expressed.

I would like hit the following as hard as I can, to wit:

The more I delve into this elder cleansing scenario the more reprehensible I find the corrupt judges, corrupt lawyers, and the corrupt judicial officials.    The situation is absolutely amazing.    How in America can public money be used openly and notoriously to promulgate the interests of criminal enterprises?

Let’s look at the Mary Sykes case as an example.   The file is 09 P 4585 and is open to the public to view.   No portion of the file is under seal, and therefore absent official cleansing by unauthorized miscreants the shame is in public view.

Service of process on Mary.    It is an axiom that a Court must gain jurisdiction over a respondent in order to enter any order or judgment.    (Even Jerome Larkin cannot misrepresent to the law to dispute that fact).     Now let us examine the file.

Where did Mary reside when the Petition was filed?   According to communication by Cynthia Farenga with Judge Connors, Mary resided in DuPage County and therefore, Adam Stern, a Cook County attorney, who lived in DuPage County was appointed as the 2nd guardian ad litem.    The guardianship statute requires the venue be in the county in which the alleged disabled person resides.

Examine the file – the case was filed in Cook County.

Look at the Summons:

i.    The summons that are all unserved do not comply with the statutory requirements.

ii.    The petitioner tells a blatant untruth to the Sheriff.   She gives the Sheriff instruction to serve Mary at a place in Cook County that Mary does not reside as by force Mary was removed from that place.    Such is pure and simple FRAUD.

iii.   This fraud is compounded as the petitioner claims that Mary cannot be served and therefore asks for a special process server.

iv.    The sheriff wrote a letter denying that his office ever served Mary!By misrepresentation and another fraud the Court proceeded without a proper Sheriff’s return being filed that the proper summons was served upon Mary.   Ergo, no jurisdiction no matter how the fraud is sliced up.

d.      755 IlCS 5/11a – 10  requires 14 days prior notice on the immediate family members of a competency hearing.     No one even makes a claim that Mary’s relatives were notified at any time.   See Gloria Sykes affidavit.   The file does not have any claim of service of the 14 day prior notice.    Under the Sodini case there was thus no jurisdiction.    The 18 USCA 371 co-conspirators with Larkin, the two guardians, and the attorney for the miscreant guardian claim that the relatives knew of the hearing.    Unfortunately, Mr. PS, the attorney for the guardian and the guardian ad litem admitted that there was no hearing on competency.   Thus, it was and is a fraud on the Court to assert any claim of knowledge.

e.      A hearing is required by due process. By its very nature, a guardianship is a judicial forfeiture of liberty, and property rights.   Thus, under the fifth and fourteenth Amendments to the US Constitution and Article 1 of the Illinois Constitution a guardianship promulgated and executed without notice and hearing is per se unconstitutional.      No matter how you slice and dice this situation the lawyers involved in this Conduct committed serious felonies.   18 USCA 242 conspiracy to deny a citizen due process of law has to be reported to the law enforcement authorities.    To prevent the reporting is a violation of 18 USCA 4 and 18 USCA 241.     Lawyers who disrespect their duty to defend the Constitution and obstruct justice or cover-up such unconstitutional acts must be not only disbarred, but punished to the full extent of the law.

i.      Not only are the corrupt lawyers, corrupt judges, and all who aid and abet their conduct serious felons, but, their conduct cannot be tolerated or condoned.

ii.      Under the Americans With Disabilities act, and 755 IlCS 5/11a – 3b the guardianship authorization is severely limited to a reasonable accommodation of the an alleged disabled person.    Thus, to use the guise of guardianship to railroad a senior citizen into a guardianship – who may or may not be competent – THE BURDEN OF PROOF IS UPON THE PETITION TO PROVE THE DEGREE OF INCOMPETENCY BY CLEAR AND CONVINCING EVIDENCE – brings forth the felonies of mail fraud, wire fraud, bank fraud (when the bank accounts are accessed) and tax fraud.

The frauds noted are all proven by the Court file in 09 P 4585.     Judge Stuart was observed by Court watchers during the kangaroo proceedings brought by Larkin against JoAnne Denison fire denying under oath that she misused her Court jurisdiction to threaten Gloria Sykes in an attempt to ascertain where Gloria kept her own personal assets, and then on cross examination admitted to the criminal offense committed in her courtroom.     The altering of the Court record and transcript by persons unknown – but believed to be public employees of the Illinois Attorney Registration and Disciplinary commission compounds the felonies committed against Gloria Sykes and the Sykes estate.    The theft of Ms. Sykes funds has not been resolved, thought Judge Jane Stuart literally fled the bench when her perjury was disclosed.

Law enforcement has not acted to prosecute the criminal actions of the two guardian ad litem, the guardian, and unknown persons.   Nor has it acted to prosecute the ‘cover up’ and the 18 USCA 371 and 18 USCA 242 conspiracies to commit theft, mail fraud, wire fraud, and tax fraud.      Few criminal cases are prosecutable from probate court files, but, the Mary Sykes case is certainly one of them.    Prosecution of Jerome Larkin and his associates at the IARDC for their criminal conspiracies will go a long way to restoring public confidence in the Illinois judicial system and respect for the law.

The guardianship cases and particularly Sykes lend themselves to a remedy that does not involve criminal prosecutions, but appeals to the public with even greater joy.     For years the public has watched public officials from judges, aldermen, mayors, governors et al go to jail.    Club Fed in many cases was a disappointment as the miscreant public officials actually found punishment to be quite enjoyable.    They received three square meals a day, a clean place to sleep, recreation, and time to read, study and relax.    It was akin to ordering a middle aged person to relax and enjoy life!    Only the artificial stigma marred the ‘vacation.’     To the public this type of punishment was *****.

Illinois and the United States of America both are having pecuniary issues.    Illinois is on the verge of Bankruptcy.    Elmer Gantry cannot talk us out of the fiscal crisis.    HOWEVER, Jerome Larkin and his cronies have been well compensated for their perfidy.     The public would find it highly satisfying if the United States of America and the State of Illinois would just collect the taxes, interest and penalties due from Larkin and each of his co-conspirators.    Larkin and his co-conspirators have no defense!    Forgetting about the overt acts that Larkin committed; however, focusing on his 18 USCA 371, 18 USCA 4, and 18 USCA 242 conspiracies in the aggregate Larkin owes more than a billion dollars.    The math is very simple.

The breach of fiduciary relationship is a taxable event.   Ergo, when the guardian removed and took possession of a million dollars in gold coins on day one, she incurred taxable income of a million dollars.   (She did not inventory a single coin and therefore every coin is charged to her taxable 1040 income).    When another two million dollars (plus or minus) disappeared the Federal and State income tax on another two million dollars was due from the guardian.   As co-conspirators, Larkin and his gang incurred joint and several liability with the guardian.     Let’s add up the liability.   1) Tax on three million dollars, 2) 50% tax fraud penalty, and interest at 2% per month until 100% of the principal sum is assessed.

As Larkin, Black, Smart, Opryszek, Loftus, Sang Yul Lee, Splitt, etc. all conspired to aid and abet the theft and cover it up, each enjoyed equal liability for the State and Federal Taxes.     Ditto for the theft of Gloria Sykes personal funds!     It is quite clear that each of Larkin’s gang (including the volunteer panels that Larkin maintains for his kangaroo hearings) had a positive duty to access file 09 P 4585 or dismiss the attorney disciplinary charges for failure to meet the standard of clear and convincing.    There is no immunity for tax evasion or tax fraud.    There is no immunity for overt criminal action.   THUS, the tax authorities have absolutely no problem in collection of the taxes.    Illinois does not need tax increases – it needs tax enforcement!

We need to get the IRS to get their hot little hands into this mess.    Larkin and his gang are in this situation for the money – let’s take the incentive out of the picture!     Everyone is well aware of the criminal activity and sitting on their hands — let’s make the IRs and the IDR into heros!

Ken Ditkowsky

From Ken Ditkowsky–Larkin is not ashamed to be ignorant of the Law

To: Eric Holder <>, “FBI- ( (” <>, Chicago FBI <>, Tim NASGA <>, Probate Sharks <>, “JoAnne M. Denison” <>, Nasga Us <>, Bev Cooper <>, Janet Phelan <>, “J. Ditkowsky” <>, Matt Senator Kirk <>, “” <>, Chicago Tribune <>, FOX News Network LLC <>, SUNTIMES <>, ISBA Main Discussion Group <>, Fiduciary Watch <>, Candice Schwager <>, “” <>, Glenda Martinez <>, Diane Nash <>, Ginny Johnson <>, Rosanna Miller <>, Scott Evans <>, Cook County States Attorney <>, Edward Carter <>, Littleton Coin Company, KRISTI HOOD <>, “Mr. Lanre Amu — Honest Atty Unfairly Persecuted By ARDC” <>, Jay Goldman <>, Rabbi Moshe Soloveitchik <>, Illinois ARDC <>, Nancy Vallone <>, Alyece Russell <>, Tom Fields <>, “” <>, Eric Blair <>, Cook Sheriff <>, Elaine Renoire <>, Len Holland <>, John Howard Wyman <>, Mary Richards <>, Janet Phelan <>, Andy Ostrowski <>, Martin Kozak <>, Kathie Bakken <>, Barbara Stone <>, “Jim (” <>, Doug Franks <>, 60m Cbs News <>, Robert Sarhan <>, Martha Jantho <>, “Truthbetoldradio (” <>, Dow Jones <>, ACLU of Illinois <>, Kevin Pizzarello <>, “Dow Jones & Company Inc.” <>, Sylvia Rudek NASGA <>, Harry Heckert <>, “” <>, ABA Commission On Racial and Ethnic Diversity In the Profession <>, Bettergov Info <>, “Dr. Rich Swier” <>, “” <>, “Dow Jones & Company Inc.” <>
Cc: Teresa Lyles <>, Doug Franks <>, Beverly Newman <>, Pam Zuckman NBC <>, Marti Oakley <>, Douglas Kinan <>, The Disability Discussion Docket – Official E-mail List of the Commission On Disability Right <>, DOEA INFO <>, Marty Prehn <>
Subject: Blog subject matter
Date: Jan 27, 2016 6:21 PM
The MaryGSykes and the Probate Sharks blogs are particularly interesting today   – they are worth a read.
I had an opportunity today to read some of the pleadings that Mr. Larkin and his 18 USCA 371 cronies have filed in the Supreme Court.   It is very clear that either Larkin and the people employed at the ARDC have no idea what the Constitution says, or they just do not care, or they are intentionally misrepresenting the law to the Illinois Supreme Court.
It really does not matter as lawyers are supposed to know the law and a lawyer who intentionally misrepresents the law is guilty of very serious ethical violations that should result in disbarment.   Of course as Jerome Larkin is administering the lawyer disciplinary commission of Illinois and he has a great frugality with the truth, all bets are off.    (This is reported as Rule 8.3 requires that lawyers cannot sit idle and allow the Rule of Law to be ignored!    18 USCA 4, 18 USCA 371, and 18 USCA 242 are clear in defining Larkin as a co-conspirator in the obstruction of Justice (cover up) that the felonies of elder cleansing connote.   
Ms. Denison usually puts the obscene and Rule 137 violating pleadings of Larkin on her web-site (MaryGSykes) so that :Larkin’s shame can be observed by all and the corruption of the judiciary in Illinois not escape public notice.   Larkin’s argument that the disclosure of judicial corruption in Illinois is akin to yelling fire in a crowded theater is a classic!   Few lawyers would have the temerity to even whisper such a stupid and embarrassing statement. Interesting that Larkin is not embarrassed – THAT SHOULD GIVE THE PUBLIC AN INSIGHT OF HOW THE 2ND OLDEST PROFESSION HAS GONE TO SEED.   
The suggestion that for society to flourish and prosper all the lawyers must be sent to the happy hunting ground of the native Americans is fast proving accurate – especially when you have Larkin in charge of disciplining lawyers!   God bless us all Tiny Tim — we need it!

From Ken Ditkowsky–yet another complaint to the ARDC

From: kenneth ditkowsky <>
Sent: Jan 26, 2016 9:09 PM
To: Attorney General Pam Bondi <>, Governor Rick Scott <>, Eric Holder <>, “FBI- ( (” <>, Chicago FBI <>, Tim NASGA <>, Probate Sharks <>, “JoAnne M. Denison” <>, Bev Cooper <>, Illinois ARDC <>, “” <>, The United States House of Representatives <>, Atty Diane Saltoun IAG Illinois Atty General <>, Janet Phelan <>, Matt Senator Kirk <>, Chicago Tribune <>, FOX News Network LLC <>, SUNTIMES <>, ISBA Main Discussion Group <>
Cc: Rabbi Moshe Soloveitchik <>, Elderjusticecoalition Info <>, “” <>
Subject: Re:Complaint by citizen concerning the actions of Jerome Larkin and Miriam Solo

just want to make sure that the IARDC, and Mr. Larkin, in front of witnesses gets an opportunity to do its job
This e-mail is yet another ethics complaint against Mr. Jerome Larkin and his 18 USCA 371 co-conspirator Miriam Solo.

From: kenneth ditkowsky <>
To: Attorney General Pam Bondi <>; Governor Rick Scott <>; Eric Holder <>; FBI- ( ( <>; Chicago FBI <>; Tim NASGA <>; Probate Sharks <>; JoAnne M. Denison <>; Bev Cooper <>; Illinois ARDC <>; <>; The United States House of Representatives <>; Atty Diane Saltoun IAG Illinois Atty General <>; Janet Phelan <>; Matt Senator Kirk <>; Chicago Tribune <>; FOX News Network LLC <>; SUNTIMES <>; ISBA Main Discussion Group <>
Cc: Rabbi Moshe Soloveitchik <>
Sent: Tuesday, January 26, 2016 9:02 PM
Subject: Pursuant to Rule 8.3 the Illinois ARDC has refused to investigate this matter — The question is Why?

It is always interesting as to what Mr. Larkin of the Illinois ARDC will investigate and what he is disinterested.   We have a theory – as  Larkin does not disclose his pecuniary relationships there is pretty strong evidence as his motivation.
Public Officials in Illinois have to make the disclosures == the person we suspect of having a direct line to Larkin has great clout!   However, as the FBI has been enjoying a concert from ****, at this point in time they know more about ****** that his own wife.
The Irving (Fisk) Faskowitz Florida Estate Post is under construction…pardon our dust.  This Shark post is a dedicated terminal link for the entire file, including the Florida Appellate Court Appeal of Rabbi Moshe Faskowitz which will be displayed on the dedicated Shark Drop Box toggle link. An independent genealogy refutes the Rabbi Moshe Faskowitz claim. This genealogy corroborates the suspicion of the Florida Assistant Attorney that the appellant was not entitled to the proceeds of the Estate of Irving (Fisk) Faskowitz. It is the sincere hope of this Shark that the two younger brothers of Irving (Fisk) Faskowitz, Samuel and David or their progeny would be located and claim the estate that they are justifiably entitle to. In addition, the FBI had started a case back in 2008 on the alleged fraud perpetrated , but never had the benefit of the genealogy created by Arden White. They really should take another look at this estate.
Updated 10-17-2012