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Real
Estate Crimes
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Al Seastrand |
In November 1993, the stranger, Al Seastrand, sent the victim a letter demanding she buy her home back from him, or get out. Thinking Seastrand had mistakenly sent his letter to the wrong person, the victim called him to advise of the mistake.
"Once I realized it was a scam, I told him I would file criminal charges," the victim said. "He chuckled and told me to get real that the district attorney is not interested. You might as well deal with me now. I'm an attorney, I can outlast you. You might last 18 months."
A trip to the district attorney's office netted the victim -- "It's not our jurisdiction." It would be the beginning of a 13-year sojourn seeking justice to only be ping ponged from agency to agency, all telling her it is not their jurisdiction while the crimes stacked up. (See the About Seastrand for background on him.)
What's Wrong With This Picture?
When Seastrand recorded his grant deed, he also recorded a deed of trust that states he owed the property owner $5,000 for the purchase of the home. There was no note recorded, which is standard procedure.
California law requires that for a property sale to be considered legitimate, there has to be a fair and equitable payment. So, why did prosecutors and other agencies not act on the lack of credibility in Seastrand's claim that he paid for the home, when:
a)
The property owner denied selling to Seastrand:
b) Home is in a higher priced area, so, $5,000
was woefully inadequate (even in a slum area):
c) No note recorded to prove a transaction took
place;
d) Seastrand willfully defaulted on that deed
of trust that he filed;
e) Despite numerous demands from county assessor,
Seastrand refused to file the verification of his claim;
f) Seastrand never paid anything, never resided
there, and never contributed anything; and
g)
The certifiable evidence Seastrand willfully obstructed justice
by lying to investigators and concealing evidence.
As a side note, he also used the property to secure personal loans for himself. (See the deeds Seastrand recorded)
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Kathy and Paul Fox, spouses |
Unbeknownst to the victim and her siblings, Kathy and Paul Fox generated homemade power of attorney documents and then liquidated the parents' (Rob and LaVerne) estate.
As the daughter questioned what was happening, the stranger, Al Seastrand entered the picture with a forged grant deed demanding the victim either pay him to go away, or get out of his home.
Did the Foxes bring Seastrand in to keep the daughter in chaos, or, did Seastrand learn of the Fox crime and seize the opportunity to profit? Sort of like looters -- one person sees the other stealing from the store, so they figure its okay for them to grab the spoils too.
Seastrand claimed he was innocent, pointing the finger at his alleged partner, Raymond Dilg. By claiming Dilg did everything, Seastrand was claiming clean hands in the theft. (See the Dilg Factor for all his versions.) Dilg claimed the Foxes asked him to help them deal with the victim and that it was Kathy Fox provided the signatures from the parents.
Rob and LaVerne signed declarations stating they never met Seastrand or Dilg and never entered into any transaction with of them. (See declaration disavowing Seastrand and Dilg)
Seastrand never produced any evidence, such as telephone records (the Foxes lived 60 miles from the Seastrands in a different county, so, there would have been long distance records). No notes, letters, telephone bills, receipts, etc. Transactions records. Nothing at all. Equally, neither he nor Dilg ever produced any evidence there was an actual partnership.
The Foxes were upper middle class living in a high-end neighborhood in El Dorado County. Seastrand is a self-proclaimed hippie and he lives in a lower-income area of Sacramento County. Neither family works with or near each other and no social contacts in common. (See Fox disavowing Al Seastrand's claim they were involved.)
The victim would learn too late, that a certifiable document existed that proved the Foxes never met or dealt with Seastrand or Dilg. Why didn't Fox produce the incriminating evidence so the victim could take it to the DA?
Because producing it would expose Fox to felony charges for her crime against Rob and LaVerne. That document, known as the Smoking Gun, would come back to bite the victim in the hind end, when Al Seastrand used it further his crimes against her.
As the family pursued justice for Rob and LaVerne, the violence against the daughter increased.
"I refused to acknowledge Seastrand or talk to him," the victim said. "I was alarmed and scared at what was happening. Seastrand kept coming to my home beating on my doors yelling that I had to deal with him."
The insurance company canceled her policy citing “she needed to get the violence under control.” One car destroyed with acid poured on the seats, carpet, and major body damage on the outside, such as the side view mirror pulled off tearing the metal. This went on for years. Another car had what looked like a blood and mud mixture poured over the surface.
"It was nightmarish because I'd get up in the morning or wake to a neighbor beating at my door about the violence to my car and house," the victim said. "The sheriff kept saying they were powerless because there were no witnesses. I still do not know if it was Seastrand or the Foxes. But living under that kind of constant attacks was too much."
Seastrand wrote to a friend Bill Streng, "Thanks for the help...I'm still fighting for control of her home...I'll let you know how my little adventure goes." (See Seastrand letter.)
Why would Seastrand thank a real estate developer for helping him with his "adventure" against the victim? These are questions that the Sacramento County District Attorney's Office prosecutors failed and refused to ask Streng or Seastrand.
Could the reason be that the Streng brothers are huge campaign contributors and fellow members of the Republican Party with DA Jan Scully and serve on several boards together? Was Seastrand acting on behalf of the Strengs? Were the Foxes telling the truth that they were not the ones that brought Seastrand in to the picture?
Seastrand's adventure, according to the restraining order against him: Seastrand bullied, terrorized, intimidated, threatened, harassed, taunted, and stalked his victim. Beat on her doors and windows while yelling she had to deal with him because he wasn’t going away -- she could do this the easy way or the hard way.
"You
can do this the easy way or the hard way!" Seastrand
would yell from the other side of the door. "Either way,
I'm not going away."
Neighbors of the victim said they called the county sheriff numerous times because they were concerned about the stranger's behavior.
"We've known her since she was a tike," said Harriet Kasten, a neighbor. "It was just awful what was happening. We thought he was strung out on drugs. "He's really tall with scraggily hair down to his back, wearing torn dirty cloths. I was afraid he was going to lose control and kill her. I called out to him that if she doesn't want to talk to you -- please stop disrupting this neighborhood. He snapped at me to mind my own damn business and that she (victim) wasn’t going to ignore him."
The family says the system failed them.
The parents' home was stolen by the Foxes, the victim's home was stolen twice by Seastrand, the crimes kept stacking up and the family says they never could get past the lobby at the Sacramento DA's office before someone turned them around sent them back out the door telling them they do not do real estate crimes.
"We're
talking about the family home we grew up in," said Kirk.
"My sister bought it from our parents and Al Seastrand stole
it from her. No one would help our family. My parents were physically
abused, my dad's pelvis bone broken, and we kept getting the same
run around. They all just kept brushing us off saying it wasn't
their jurisdiction."
The
family made some 15 trips to the DA's Office seeking justice,
first for their parents, then for the daughter.
"It's disheartening the way they treated us," said Malcolm, the father's good friend who took the daughter to the DA on several occasions. "Just who the hell did we think we were expecting justice was their attitude. One time, a staff saw us coming through the door again, and they rolled their eyes and said, 'oh for Christ sakes.' Well, yes, we were hoping in the name of the Lord you will do the right thing and take that Seastrand off the streets."
Unbeknownst to the family, on April 26, 1994, Kathy Fox filed a Chapter 7 Bankruptcy in the parents' name to eliminate charge card and loan debts. One of those was the loan secured against the victim’s home. Fox then secretly put the elder s on Medi-Cal as paupers.
The family say that bankruptcy is the Smoking Gun that Al Seastrand committed a felony crime because it substantiates that Seastrand's grant deed was/is bogus.
Fox omitted the victim from the notification list. Even though Fox listed the victim as a property owner, neither bankruptcy trustee John Roberts, nor bankruptcy judge Jane McKeag did due diligence in ensuring that the victim was notified of Fox's action.
That bankruptcy filing forced placed $85,000 loan on the victim and she was denied due process of the law to dispute the action or protect herself from the fraud. Equally, the credit union carrying the loan failed and refused to inform her of the bankruptcy. (See our Bankruptcy Fraud section for this type of fraud that is common in the bankruptcy system across the country.)
"The Foxes pulled off the perfect crime and not because they're smart, but because it was too easy for them to dupe people who are supposed to provide justice," Kirk said. "Every time Uncle Sam called my dad to put himself in harms' way, my dad answered that call to duty. He devoted 40 years of his life for this country, but this country turned its back on him and on his family. The system deliberately failed us and it has allowed Al Seastrand to prey on my sister."
The Foxes Call on Judge Keller for Justice
In September 1994, the family was in El Dorado County Superior Court to undo the Foxes' home-made power of attorney documents. EDC Superior Court Judge Eddie T. Keller granted Fox's request that all matters pertaining to the victim's property be dismissed because Fox claimed to have never been involved with Seastrand.
Fox added that she thought "Seastrand's claim to the victim's property was highly suspect and should be investigated." (See Fox denying any involvement with Seastrand.) No one ever investigated. Judge Keller dropped the ball.
Seastrand responded with a two-page letter threatening the victim that it would be her last Christmas at her home. (See Seastrand letter)
The Seastrand Tactic
The victim was busy on top of the stress of being harassed, tires sliced, windows broken, cars destroyed, death threats. In May 1994, she filed a restraining order to stop Seastrand. (See court file of restraining order against Al Seastrand)
The restraining order did not stop Seastrand. the victim says the more she sought justice, the more aggressive and persistent he became. Calling her, going to her home and beating on the doors yelling that she had to deal with him, threatening her, and going to her job and loitering around staring at her demanding she deal with him.
In December 1994, a judge found Seastrand guilty of violating the stay away order and for illegally trying to get access to bank records. He sanctioned Seastrand $500. (See Court Sanction Against Seastrand.) That did not deter Seastrand.
"He kept telling me and others helping me that I needed to be taught a lesson," the victim said.
Obstruction of Justice
The victim gave the evidence to the California Department of Real Estate to investigate Al Seastrand.
The investigator called the victim and her brothers into the office to tell them they closed the case the Foxes, Seastrand, and Dilg, cleared each other wrong doing. The investigator told the victim to take the evidence to the district attorney and insist they prosecute because the issue was clearly a crime and the DRE was powerless to do anything. (See DRE insights to Seastrand and Dilg)
The state bar also told the victim the issue was of a criminal matter and out of their hands and that she needed to go back to the district attorney, who turned her back to those agencies, and so it went year after year as all kept claiming it was the other's jurisdiction.
The victim and her siblings spent five years handing incriminating evidence to numerous agencies in search of justice and kept getting told they were in the wrong jurisdiction. Forced into civil court, the family spent over $40,000 chasing after the Foxes to ascertain what happened to the parents' estate and to get them away from the Foxes' control.
The Foxes had transferred the assets to Florida, filed a personal bankruptcy in California to wash their hands of their crimes against the parents and the victim and then fled the state. The bankruptcy prevented the Foxes' victims from any civil remedies to recoup the stolen money and assets. (See our Bankruptcy Fraud section to learn how this is a common problem for fraud victims.)
Buy Your Peace
The big issue looming over the frauds against the victim was Seastrand's unpaid Deed of Trust still on her property since Nov. 1993. With the parents deceased, and the Foxes gone, that left the victim to clean up the mess.
In August 1999, the victim asked for and received from Sacramento County Superior Court an order making her the successor in interest to the bogus Deed of Trust so she could remove it to clear the title to her property. The court agreed and issued the court order. the victim removed the unpaid deed of trust from her property.
Meanwhile, Seastrand filed his second lawsuit asking the court to force the victim out of her home. After Raymond Dilg admitted it was all a lie, the judge ruled that Seastrand's first Grant Deed was invalid. Rather than litigate Seastrand's fraud, Eason told the judge that Seastrand wanted to withdraw his lawsuit. (Read more about Raymond Dilg and how he got away with this his role in this crime.)
This meant that Seastrand could record the second grant deed he generated claiming that Kathy Fox gave it to him. This would require a new lawsuit. Eason told the judge if the victim wanted to undo the alleged Fox deed then she would have to file a lawsuit against Seastrand.
The victim's attorneys told the judge they would proceed because the victim had all the canceled checks and sale agreement from her parents showing that the victim was and had been the legal and sole owner since 1979 and that no one had any legal right to sell her home but her.
Seastrand responded by telling the court he wanted it to end and get on with his life. The judge pressured the victim to "Buy Her Peace." Seastrand provided a grant deed to the victim in exchange for a deed of trust due in 120 days that promised she would pay him to get off title to her home after the county assessor clean up the mess from Seastrand being on title.
It was another bitter pill to shallow. It stung deep because she had just learned that Sacramento County Assessor and Recorder knew from the beginning that a crime probably occurred but they chose to do nothing. Seastrand had refused to file the mandatory change of ownership report. The county sent numerous notices demanding he comply with the law. Seastrand never complied and the county dropped the ball. (See Sac. Co. Change of Ownership Report)
"My stomach was in knots as Seastrand's attorney Matthew Eason stood there telling her and her attorney that Al Seastrand wanted peace and if the victim would just pay him, he would go away," Lewis said. "I kept saying don't do it, but Eason kept assuring us, giving us his word, it would all be over if we just make a deal with Seastrand. It didn't make sense that after nine years of telling sis she needs to be taught a lesson that Seastrand would suddenly let go and go away, but sis' attorney told her the judge would be mad if she didn't do the deal."
Peace This!
Unbeknownst to the victim, days after the trial ended, Al and Loretta Seastrand transferred the new deed of trust to their Stef’s Rucka Chucky Trust, which then filed a fraudulent foreclosure against the victim. Again, DA Scully's Office refused to investigate.
Years later, in civil court about this fraud, the judge ruled that the Seastrands' had defrauded the victim with their bogus foreclosure. The judge also notes the Seastrands had a history of targeting the victim. (See Judge Van Camp’s ruling against the Seastrands).
No Peace
The day after the victim paid the extorted demand from the Seastrands' foreclosure, she received a letter from the Foxes'’ attorney John Roberts, who was writing to the victim in his capacity as the bankruptcy trustee of the bogus bankruptcy Fox had filed in the parents names.
Roberts declared his intent to sell the 1993 bogus deed of trust to Seastrand. Even though it was part of a fraud, which Antonia Darling had the evidence of which, and even though there were no originals, the deed had expired, and a state court order made the victim the beneficiary so that she could uncloud her title, Darling and Roberts refused to stop.
The victim later learned that Seastrand and Roberts had been communicating about this latest plan while Seastrand was dragging the victim through hell with his bogus foreclosure.
See the Smoking Gun story for what Assistant U.S. Antonia Darling did to the victim after the victim had given Darling the smoking gun evidence that a crime occurred.
In June 2001, bankruptcy court judge Jane McKeag told the victim she didn't concern herself with legalities and then authorized the sale of the phantom Deed of Trust and Note to Al and Loretta Seastrand even though there were no originals, it was part of a crime, and by state court order, the victim had removed it from her property the year prior.
That did not deter the Seastrands. They then transferred the phantom note and deed of trust to their Peregrine Trust, which then transferred to their California Foreclosure, which then filed a Notice of Default against Al Seastrand to foreclose and take the victim’s property. (See Seastrand’s document shuffle)
No Justice, No Peace
In December, days away from Seastrand taking her home, and no word from the District Attorney, the victim had to file a restraining order to stop Seastrand's sale of her home. Sacramento County Law and Motion Judge Joel Gray, denied it citing, "She waited too long." the victim’s attorney had her file a Chapter 13 bankruptcy, again, to stop Seastrand from stealing her home.
Matthew Eason was back as Al Seastrand's attorney filing a plethora of motions to prevent the victim's Chapter 13 from being approved. Eason's motions were on behalf a nonexistent corporation called "United Fiduciary Services, Inc," listing a faceless person named Jim Harris as the agent. No address, no telephone number, just "c/o Matthew Eason's law firm."
According to California State Secretary's records of corporations operating in California, United Fiduciary Services, Inc. has never existed. Neither Eason nor Seastrand have provided an explanation why Eason filed claims for money using a phony company. (See UFS claim). Equally, A. U.S.T. Antonia Darling has failed and refused to hold the two accountable for filing a false claim, operating under a nonexistent corporation, and lying under oath.
No Mercy
In July 2003, unbeknownst to the victim, American River HealthPro Credit Union, filed a lawsuit to stop Al Seastrand. The court shot down the request citing the credit union was not the injured party.
On August 7, 2003, as bankruptcy judge Michael McManus conducted a hearing to issue a restraining order to stop Al Seastrand's foreclosure, Eason and Seastrand were a no show. After presentation of the evidence, the judge issued the injunction. (See injunction to stop Seastrand)
The next day Eason told the victim the restraining order didn't matter because American River HealthPro Credit Union (who had a mortgage against the victim’s home) secretly paid Al Seastrand to stop his foreclosure.
The lender later notified the victim that they had put that amount onto her existing loan along with their legal costs but refused to disclose what was paid and when or what the alleged legal costs. They then filed foreclosure against the victim.
Under threat of pay or lose your home, the victim was stuck with yet another fraud to pay. This time $80,000 more bringing the fraud total from all the crimes to over $200,000. She was forced to go with a hard loan, interest only payments.
The evidence in total, for the crimes against the victim are irrefutable. Thirteen years is long enough to have waited for justice.
The Fallout...
No
one has ever been held accountable for all the crimes against
the victims.
Kathy
and Paul Fox. After being allowed to wash their hands
of their crimes in the bankruptcy court, the Foxes fled the state
and were last seen driving a new Cadillac to their summer vacation
home in the south-west.
The
Parents never received justice. The fraudulent bankruptcy
in their names has never been removed from the court record. You
can learn more about what was done to them in Smoking
Gun. They died in 1995. The father was denied full military
honors at his funeral, as he outlined in his will, because the
Foxes threatened to sue the mortuary if they complied.
Jan
Scully
was re-elected in 2006, to serve another term as district attorney
of Sacramento County.
The
victim is working to rebuild her life.
***
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