Thursday, April 19, 2012
Part 4 Heiress Lives In A Tent: The New Face Of The Homeless In America
March 21, 2012
Mr. California Attorney has finally been revealed on www.EvilEsq.com. Oh there’s not much here at the moment; he’s on watch according to how this website works; comments from the public based on experience with this attorney; investigations behind the scenes, by Evil and outrage by the public apparently embarrasses the California State Bar. The goal? The CalBar will be humiliated into investigating this criminal properly, not that they haven’t already? It took them eleven months to say, “We don’t have the resources to charge this attorney.” Keep in mind they NEVER claimed he didn't commit the crimes.
But this is how the CalBar is supposed to work. If a complaint, after sixty days has no merit then the investigation stops and there is no cause of action; a letter is sent to the victim stating such. If there is merit the CalBar sends a letter out to the victim stating the Trial Counsel is continuing the probe. For all intent and purposes this means trouble for the attorney; the next step is to charge. I received the second letter and was really happy.
In other words why in the world would the CalBar investigate this attorney for eleven months and claim he did no wrong?
Wait they didn’t; they just decided not to do anything about the moral turpitude and federal crimes. This part isn’t mentioned on the CalBar website. Instead they print examples of participants in moral turpitude. They were all disbarred; many ordered to pay restitution to their victims, but not Kenneth Joseph Catanzarite Esq.
Perhaps he dropped off a number of muslin moneybags on the California State Bar doorstep?
This is the attorney that took on my two cases: one against KeyBank for unlawfully foreclosing on my three million dollar real estate in Sun Valley, Idaho and the other to address the embezzlement of my eighty million dollars in assets out of my trust account.
He instead unethically advised, in writing that I sell my current home in Steamboat Springs, Colorado at the time to him, in protection of losing it to foreclosure, while he prosecuted the criminals who had committed outrageous criminal acts towards my trust and me.
But, you see I didn’t realize back in 2005 that what this attorney was doing is considered moral turpitude according to the CalBar Rules of Professional Conduct.
Oh I devoured the CalBar website with my eyes before I hired this rat; read all the ROPC, many of which are written to obscure the public’s understanding, but when I asked Mr. Catanzarite about California State Bar Rules of Professional Conduct: rule 4-300 which prohibits this sort of transaction in confusing language to what he was wanting to do, he eased my mind with his lies. As stated exactly on the California State Bar website below:
Rule 4-300. Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review.
(A) A member shall not directly or indirectly purchase property at a probate, foreclosure, receiver's, trustee's, or judicial sale in an action or proceeding in which such member or any lawyer affiliated by reason of personal, business, or professional relationship with that member or with that member's law firm is acting as a lawyer for a party or as executor, receiver, trustee, administrator, guardian, or conservator.
(B) A member shall not represent the seller at a probate, foreclosure, receiver, trustee, or judicial sale in an action or proceeding in which the purchaser is a spouse or relative of the member or another lawyer in the member's law firm or is an employee of the member or the member's law firm.
Uh, it seems Kenneth Joseph Catanzarite Esq. committed moral turpitude from the starting gate. In confusing language or not he advised that he buy my property out of foreclosure and he did for almost half it’s value. And he broke this law too concerning lease/purchase agreements (California Civil Code 1695-1695.7).
This, to the extent that it’s broken is a federal crime, especially when the equity of the property is stripped by the transaction. What is the punishment for this crime? I don’t know all the particulars and of course they are all different, but three times the damage is available to the victim of such, by anyone who commits this crime. If it happens to be an officer of the court lying about having a real estate broker’s license (which is also true) doing this, well he or she would be disbarred and sent to prison!
With these issues alone Mr. Catanzarite had committed serious moral turpitude and federal crime. But, the CalBar says,
“I don’t want to! And, I don’t have to if I don’t want to!”
He now the owner of my two plus million dollar home, which Mr. Catanzarite paid one million three hundred and fifty thousand dollars for before he proceeded towards filing my two lawsuits. Only problem was he wrote the complaints by leaving out most of the broken laws and federal crime; dropped my money manager, Trip Bosart of McDonald Investments from the suit…the investment company owned by KeyBank…the money manager that had a previous and ongoing business relationship with my ex-husband.
I asked, “Why would you do this? Trip Bosart has forged my signature twice that I can prove and removed huge amounts of funds from my trust account. Of course I have the proof of the forgeries so obvious that a two year old could detect. Besides this, last I saw my account statements I had close to three million dollars in my account; now it’s gone?”
Mr. Catanzarite’s answer, “Without McDonald KeyBank will be held responsible for it all.”
What I didn’t know at this time, Mr. Catanzarite was lying to me again. What I felt was, “Hum, what the hell is going on? I smell a rat, but the rat owns my home? And, I have no money because it has all been criminally stolen from me.”
This is when I summoned the government authorities for the second time during my adventure. THEY IGNORED ME, AND THE CONTINUING CRIMES.
Below is both the link to observe the early posting of Kenneth Joseph Catanzarite on www.EvilEsq.com, with all his missing fake credentials because he took his website down in 2006 when I started fighting back for my legal and human rights. He since has not restored his website, but you can go to, “Wayback” and observe his advertizing fraud, which I can prove. Lets put it this way; ninety percent of what he advertises about himself and memberships he has are lies.
Below is the link to the Routt County, Colorado assessor’s sight showing that Catanzarite indeed owns my home. What you will not find here is that I bought this property for one million two, BECAUSE IT WAS ONLY 1/3RD DONE; no floors; carpeting; kitchen appliances; bathrooms fixtures; front door; porch or garage with a complete apartment upstairs. I completed this home and decorated it; the last professional appraisal was for two million seventy five thousand dollars.
Catanzarite stripped close to eight hundred thousand dollars out of my property and forged my signature on the Buy/Sell Agreement, which was part of the loan documents he gave WAMU for his one million dollar loan. Isn’t this bank fraud?
Well WAMU thought so and someone from their main office called to interview me, while Catanzarite was being investigated by the CalBar. In fact I was asked to write a summary about what Catanzarite did in purchasing my home and send it to the WAMU main office, and I did.
He and his wife Kim also signed an Occupancy Rider in March 2005 with WAMU when they got the loan to buy my house. They lied to the bank telling them it was a second home and there would be no renting or leasing of the property. This lowers their monthly payments on the loan.
This is very interesting since I lived in this home until May of 2007, when Mr. Catanzarite evicted Larry, our six precious dogs and me, after not doing one thing on my lawsuits. The proof that I still lived in this home can be found at the Routt County, Colorado court dockets, because Catanzarite’s FED Action against Larry and me was filed here, not tried. Why, because the judge didn’t want to? How many moneybags did he find on his doorstep for this? He originally set a trial, then arrogantly changed his mind the morning of.
For over a year of representing me, Mr. Catanzarite did no depositions; interrogatories; withheld documents from the judge on two lawsuits, one in Oakland County, Michigan for the trust issues and the other in Pocatello, Idaho Federal Court concerning KeyBank. My God he didn’t even show up at a judges hearing concerning my assets in Michigan and the judge dismissed the case. I’m listed as pro per on the court doc’s? He also never subpoenaed one account statement from any of the financial institutions I had done business with including my trust documents?
Why? Well because if Catanzarite got back what was rightfully mine by winning my lawsuits, I’d then be able to purchase my property back from him, which was the so-called plan, so his thirty-five -page contingency fee contract stated. But, obviously he knew what he was doing when he coerced me into signing this contract in less than eight hours on a Sunday, because as he stated, “You have to sign this right away because we have statute issues and you’ll lose any chance of getting back the Sun Valley, Idaho property.”
Uh, this was still another falsehood I would be able to prove later with documentation.
What Mr. Catanzarite did together with his wife, Kim is break many laws wrapped up in (California Civil Code 1695-1695.7). Then added to this… MORE BANK FRAUD.
Besides are attorneys allowed to implement their spouses in fraudulent business practices, concerning their clients, especially when they are not a law partner? She’s a stay at home mom from what I understand. Sounds pretty yucky and illegal, no? I don’t see reference to this in the California State Bar Professional Rules of Conduct.
Maybe they haven’t thought of this rule, because what attorney in the world would be so incestuous as to implement his wife in all this crime? Oh I know, maybe his wife Kim is a little shady too? Or maybe she isn’t even aware that she now owns half of my house gotten with crime. But she signed the documents.
Nevertheless the above is only a smidgen of what this California attorney did to me, which in any other instance would cause a person to be arrested, charged and prosecuted. But, the California State Bar has decided they just don’t have the resources to handle this criminal, while I live in the mud because of what this attorney did to me.
Catanzarite knew before I hired him that I had no family; my assets had all been illegally taken by an unlawful foreclosure and embezzlement of eighty million dollars out of my trust account.
The crimes could easily be proven.
Yet, he threatens me into signing his unconscionable fifty percent contingency fee contract, with an arbitration clause in it that I can’t sue him for malpractice, in less than eight hours on a Sunday, while he’s aware that I have PTSD; does nothing on my lawsuits through the year and three months of representation; withdraws from my case for no reason other than all the discovery time was up; evicts me from my home; steals or trashes a good million dollars of my belongings; sues me in four different states for incurred bogus costs of well over five hundred thousand dollars, so taking almost the full settlement I got from KeyBank. Plus he takes another piece of vacant Sierra Nevada land I had a family partnership in, which had he not dropped McDonald Investments I would have realized millions of dollars in restitution…instead it was six-hundred and fifty thousand dollars.
Had he filed under Michigan law, in Idaho, because the small line-of-credit loan KeyBank gave me, personally, which they used to foreclose on my three million dollar, trust owned property non-judicially, with close to two million dollars in equity still available, I would have come out smelling like a rose. My loan came out of Ann Arbor, Michigan. I would have received millions because Michigan law protects consumers from financial institutions hiding borrower’s payments on loans in phantom accounts, such as was proven KeyBank did to me. Not to mention they foreclosed on a personal loan on which I was paid up a year ahead. Plus KeyBank ignored the fact that my property was owned by my trust.
KeyBank ended up keeping my home. The case can be viewed on “Google.” Deborah Breuner Davis vs. KeyBank or Lexis Nexus.
And the California State Bar doesn’t find it necessary to charge, prosecute, order restitution and disbar this Catanzarite? Not to mention that over the last 30+ years Catanzarite has been sued in Orange County, California Superior Court alone at least twenty-five times by many of his clients…he’s been charged by the CalBar before in 1998. God only knows what other states' court dockets look like concerning Catanzarite?
This is an atrocity!
Below is my last contact with the California State Bar concerning Catanzarite, and after my case had already been through the CalBar for eleven months; ignored; through the California Supreme Court and “denied” to even be read; it was not “dismissed.” But this is just another trick of corruption authorities’ ignore in this country which makes them corrupt as well.
On Fri, 5/7/10, Noonen, John wrote:
From: Noonen, John
Subject: Re: Re: FW: Fw: Re: Complaint Regarding Attorney Catanzarite
Date: Friday, May 7, 2010, 8:20 PM
Please file a new complaint with our office of intake and that is the only way our office can look iinto it further
From: Deborah Davis
To: Noonen, John
Sent: Fri May 07 13:11:31 2010
Subject: RE: Re: FW: Fw: Re: Complaint Regarding Attorney Catanzarite
Please address just one thing, the advertising fraud Mr. Catanzarite has committed on his website from 1996 through August 2006 when he took his website down. I hired him based on his credentials and thirteen of them were false. He destroyed my life. So this advertising fraud is legal and ethical? Mr. Catanzarite even claimed to have specialties with the State Bar that were taken from him by the State Bar before I hired him. So this is legal and ethical?
No one from the State Bar has addressed this fraudulent advertising. Please do so for me.
Thank you so much.
Deborah Breuner Davis
At this point Larry and I along with our little weenie dog had already been living in our truck for a year; we’d lost five of our precious dogs; most all my legal documents were in storage; we had no money to live on much less spend money for scanning and mailing twenty pounds of documents; the bar had every document there was already. And, this Noonen wanted me to start all over again?
I will continue posting these articles as long as I can. I don’t know how long that will be, because things are looking pretty grim. Hopefully if I lose my tent I’ll have access to a library or something. Wish me luck.
By: Deborah Breuner