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In the public records of the local courts are an usually high number of evictions the Sicklers have initiated. What’s interesting about this string of evictions is that they are on houses the Sicklers bought with Second Home loans according to the Washoe County public records. Specifically there were three purchases in Fall 2003 – all local houses. None were ever owner occupied as according to the Washoe County public records; the Sicklers lived elsewhere - locally. The court’s public records also confirm these properties were all rentals as the Sicklers at one time or another, had lawsuits against the tenants in each of them.
Home Loan Fraud removes the equal playing field of the American free market. A Second Home Loan Rider unequivocally prevents the ever renting out of a house with the Second Home loan on it. It is a Federal felony to use a Second Home loan to purchase a home in the same locality of where one lives. It is also Federal felony to have more than one Second Home loan at a time. Borrowers are required to certify in writing that all the information in their loan application is true and complete, they’ve made no misrepresentations in the loan application or other documents, nor did they omit any pertinent information, and that they understand it a Federal crime punishable by fine or imprisonment or both, to knowingly make any false statements when applying for mortgages, as applicable under the provisions of Title 18, United States Code, Section 1014. The penalties are up to $1m and 30 years prison per occurrence, to the borrower, to the loan officer, to the Realtor, in fact to anyone found involved in it.
Home Loan Fraud includes any misrepresentations or false statements made or failure to disclose information to obtain a loan for other than the purpose stated in the loan application. Examples are falsifying pay stubs, W2s, tax returns, Verifications of Employment, asset statements such as bank statements, 401ks and IRAs, Verifications of Rent, rental agreements, home addresses, owner occupancy and Second Home exclusive occupancy. Borrowers are required to sign a Second Home rider when they obtain a Second Home loan. To protect the lender, that Rider is recorded into the public records. Even having a roommate violates the Second Home Loan Rider: “6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower’s Second Home. Borrower shall keep the property available for Borrower’s exclusive use and enjoyment at all times.”
The Washoe County public records have the same lender and employee of that lender on all these loans: Countrywide and its Reno manager, Ms. Sue Barry. The Northern Nevada Multiple Listing Service has the same Realtor in their records of these purchases: Mr. David Kahan. Mr. Kahan is also an attorney according to the public records. He hired Mrs. Sickler as his assistant.
“Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, . . . terms differing from those actually agreed upon.” is an NRS 645 violation for any real estate licensee.
In the public records of the local courts, the Sicklers evicted among several people, one Bonnie Wilson. Ms. Wilson says she is a former Miss Nevada and Realtor with Independence Realty. She fell on hard times as her health failed due to aging. Ms. Wilson’s nephew, Gary, came from back East to help his aunt. He researched NRS 118A and the public court records as well as the Washoe County public records. Gary discovered the string of real estate fraud that the Sicklers had been doing as well as the Sickler’s history of NRS 118A violations. NRS 118A are the statues that govern landlord tenant relations in Nevada.
Since it is illegal to rent out a property with a Second Home Loan on it, all rental contracts the Sicklers entered into with people for these houses are void as one of the elements of a valid contract, it that it must be for a legal purpose. Therefor the Sicklers had no legal authority to file evictions on their many houses with Second Home loans on them. Consequently, the Sicklers are also guilty of Unclean Hands.
Ms. Wilson and her nephew said they confronted Countrywide’s manager, Ms. Barry, who did not deny the home loan fraud. They also submitted a complaint to the Nevada Mortgage Division and there Ms. Sheila Walthers told them that yes, these activities were several counts of mortgage fraud. They spoke with an IRS fraud investigator, as money collected under a fraudulent home loan is Federally classified as the crime of money laundering. They filed police reports of the Sickler’s fraud and harassment. They filed the legally required Suspicious Activity Report with the FBI. The filed a complaint with Countrywide Home Mortgage. They filed a complaint with the Better Business Bureau. They filed a complaint with the Nevada Attorney General.
Ms. Wilson says she was succeeding when the Sicklers pulled a red herring tactic. They set up a sting operation to amputate her nephew’s support of her. Based on that, the Sickler's falsely obtained a restraining order against him.
There are numerous Title 18, United States Code, Section 1014, NRS 645, NAC 645, Realtor Code of Ethics and federal income tax fraud violations here. When one looks for answers and who is to be held accountable for the collapse of the housing market, Ms. Wilson suggests that it is these Cheaters Among Us. She believes Countrywide and its employees should have followed Freddie Mac and Fannie Mae’s clear underwriting rules and the Realtors should have followed NRS 645 and their Code of Ethics. She believes if they had and if the police, FBI, Nevada Mortgage Division, Nevada Real Estate Division, Reno-Sparks Association of Realtors, Nevada Attorney General, IRS, and the judges, had taken timely actions they were supposed to do under the law against these prima facie series of crimes, the housing collapse would never have happened and we would not be in this terrible recession we now are in. She believes bribes were offered and accepted.
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We have BIG Trouble in River City
I was thrilled when I read this story. We are just one of dozens who the Sicklers have wrongly used the legal system against. This on-going nightmare legal process with the Sicklers has gone on since October 16th 2006. The Sickler’s continue wrongfully embroiled against my Nephew. No entity has done their job and stopped the series of Sickler’s crimes documented in the public records. The District Attorney’s office is wasting our tax dollars on prosecuting this set-up and insane persecution of my Nephew. Now my Nephew is required to appear on a Disturbing the Peace violation. The Sicklers set him up again, and the Deputy District Atty, Steve Barker can’t stand to look bad again since the first trial ended up with a hung jury – he lost to a Public Defender. No doubt Barker desires to be elected DA .
His amazing and irrational vendetta against my Nephew has been personal, vengeful and relentless. The System has dropped the ball and failed to do the job they are paid to do. I can’t count the number of court appearances we have been made to do. When will someone take the time to read or listen to our story?! ALL rental contract the Sicklers had/have on these houses bought with illegal loans are illegal!
We have BIG Trouble in River City. If this crime is being repeated throughout our beautiful county, the are crooks are winning. Al illegal contract is basic common law, and a judge that fails to get that should perhaps be removed from the bench for gross incompetence.
My health and reputation have been severely damaged by the Sickler’s who the public records have clearly are serious big time white collar crime criminals. Our taxpayer paid officials who continue to allow this activity to continue through laziness, or ignorance, should resign.
I’m exhausted from the effort. My Nephew and I remain hounded by the Sicklers, a gross Abuse of Process. The Sicklers have a judgment that continues for six years. That’s how the Sicklers have also made their money. Eviction from houses they bought illegally, getting illegal rental agreement and then getting the maximum $5000 claim in small claims court.
I am a senior, there is huge Senior Abuse going on here! I was and remain vulnerable. I had had a bad accident falling from steps, then brain surgery that was a near death experience. Kay Sickler, a bully if ever there was one, figured I was just another pigeon.
My Nephew was allowed a full jury trial. They voted eleven jurors to aquit and one against, 11 to 1, so he had a hung jury. Since it was a set up all along, shouldn’t that have been enough to stop the never ending obsessive destruction of Barker’s ambition? He’s a little man with BIG ambition on the backs off little people and at the taxpayer’s expense.