If you are willing to open your mouth about fraud in the Mortgage Field Services Industry Walter Cole and The Cole Team want to sue you. Plain and simple. If you are a victim of the abuse rendered by National Management and Preservation Services, LLC, dba National Field Network (NFN), against Minority Females and Labor, there is an almost guaranteed chance that Walter Cole will try to sue you if you open your mouth. And surprisingly, it is Walter Cole and Walter Cole alone whom has a problem — not NFN or any of the debtors. The saga which has become As The Stomach Turns opened a new chapter on the first day of the month.
Foreclosurepedia’s Motion to Intervene into the Involuntary Bankruptcy of NFN has been for the limited purposes of obtaining Depositions taken of Shari Nott and Jack Jaffa, the CEO and Majority Owner of NFN respectively. Those documents were personally promised to be delivered to Foreclosurepedia by Walter Cole in exchange for Consultancy upon the case. To date, Cole and his attorney, David Shaver, have refused to deliver the Depositions and Foreclosurepedia accordingly filed suit on behalf of Foreclosurepedia and the American Public.
David Shaver has made no bones about why he does not want the depositions to ever see the light of day. It is his paycheck and he admitted as much in a recent court filing,
The legal strategical [sic] decision was made between me and my client that the Unsecured Creditor’s interest in receiving as large a dividend as possible, by way of a settlement without costly and uncertain litigation, would be best served by keeping the deposition transcripts private and part of my litigation case file. — David Shaver, Walter Cole’s attorney of record, on 15 January 2019
Really? I want that to sink in, for just a moment. Shaver is willing to keep secret admissions by Shari Nott, in particular, and Jack Jaffa, in order to maximize profits. This is extremely disturbing. First, the case is not simply some run of the mill jaywalking ticket. We are talking about the forced and court directed Involuntary Bankruptcy of a company whom is attempting to walk out on nearly ten million dollars in debt. And if there ever were a time for transparency, this case demands it. The presumption must be that proceedings are public and open to interested parties and the press, and parties seeking to seal any proceedings must demonstrate a sufficient basis for the court to deviate from that presumption, after providing the public with sufficient opportunity to challenge the relief being sought.
In an 11th hour court filing, Walter Cole attempts to paint the picture that Foreclosurepedia is some sort of criminal mastermind and that because neither Cole nor his lawyer David Shaver wish to address the merits of the case, Foreclosurepedia’s statements are all defamation. Ironically, Foreclosurepedia had to assist Cole’s lawyer in even understanding the law. For without Foreclosurepedia’s addressing of the Obsidian decision, Shaver would still have been a clueless ambulance chaser.
Part of the process of litigation includes the ability for parties to negotiate in good faith. Yesterday, I reached out to Walter Cole, via telephone, and discussed the potential for rolling back the Motion provided that it would assist the victims in getting paid. I additionally spoke, via email, with the attorney representing the debtors themselves, Brian Baker. While Baker was amicable to discussions, Cole apparently was not. It is yet another nail in the coffin of credibility plaguing Walter Cole and The Cole Team. I make this statement based upon the fact that either Walter Cole purposefully lied to me in his telephone call yesterday, or Walter Cole’s lawyer, David Shaver, has gone off the reservation.
Shaver has had his fair share of going off the reservation. In fact, the federal appellate courts were blunt when they characterized Shaver’s filings as “LEGALLY QUESTIONABLE“, “FRIVOLOUS“, “SUSPICIOUSLY TIMED“, and “PATENTLY UNCONFIRMABLE.” Don’t take my word for it, read what the United States Court of Appeals For the Third Circuit had to say when they slammed Shaver and affirmed the previously imposed sanctions,
Shaver and Cole’s attempt to malign the good name of myself and Foreclosurepedia are no more glamorous than the chilling effect upon free speech that their actions are calculated to have. David Shaver has a record of being called on the carpet by the federal judiciary and for good reason. In the instant case, though, Shaver grasps at straws to abuse the judicial process — Shaver knows his claims would fall short if filed and Foreclosurepedia would bankrupt he and his Partners. As learned counsel, Shaver knows full well that his Client, Walter Cole, entered into agreements with Foreclosurepedia to produce Depositions in exchange for Consultation. Cole admits the same in countless emails which Shaver attempts to rely upon as foundation. Additionally, Cole’s attempt to rile Foreclosurepedia through a late evening barrage of texts prove the same.
Shaver’s unhinged language and inability to even cite credible evidence are a lasting testament to why the federal appellate court issued sanctions, in my opinion. On the one hand, Shaver attempts to cite a non existent “IFAST Forum” which exists nowhere other than in Shaver’s twisted and demented mind. Shaver’s continued break with reality continues when he attempts to relate an article discussing the history of the case and purposefully omits the copies of all pertinent email chains. Each and every image containing pertinent evidence is specifically redacted as if the Court would not see through Shaver’s thinly veiled ruse. It is well documented on Pages 19 – 23 and Page 27 of Shaver’s poorly constructed Supplemental filed against Foreclosurepedia in federal court today and seen above.
The tragedy in this case is the disservice to the victims which Shaver is continuing to shovel at them like a farmer cleaning the stalls of a barn. While Foreclosurepedia is an Opinion Based blog, we do our best to ensure that we either have hyperlinks in our articles substantiating our claims; documents embedded to ensure proper characterization of material facts; or we retain emails and phone logs should our due diligence ever be called into question. Shaver is simply attempting to create a secondary legal action within the Involuntary Bankruptcy of NFN in order to cover up his continued shortcomings. It is theater, pure and simple. Shaver is a protagonist in his own mind and his grip on reality is as fleeting as his spurious claims are with respect to fact.
Surprisingly, the Debtor’s Counsel, Brian Baker, has been both cordial and professional. I state this as I believe it is important to document. If anyone should take issue with Foreclosurepedia, one would believe it would be the debtors themselves. There are no temper tantrums from Baker; there are no prepubescent clenching of the proverbial fists as are characteristic with Shaver. Baker is level headed and a worthy adversary. Shaver has yet to learn that respect is earned and not given based upon some piece of paper hanging upon a wall.
David Shaver has always been a sore loser and his immaturity is well documented in other federal proceedings. When things did not go his way in a bankruptcy, he attempted to malign the good name of both his former client and her attorney. As seen below, the Court saw through Shaver’s end run around the law and ruled against him.
Most telling, though, is the shallow and pedantic attempt by Shaver to avoid addressing the elephant in the room which is the law itself. Shaver and Cole attempt to obfuscate the issue of the American Public’s right to view the Depositions and instead focus their vitriol in the form of character assassination and aspurgements against myself and Foreclosurepedia. This alone is telling when it comes to the decision making process in selecting Shaver as Counsel in any future legal matters. The irony, though, is the simple and salient fact that Shaver has not had a problem admitting depositions and their transcripts in the past. In fact, just over a year ago, Shaver represented a Client named John Peter DeAlto. If ever there was a time to seal depositions, it would have been in DeAlto’s case whom was accused of spiriting away hundreds of thousands of dollars and had virtually no explanation.
The UST asserts that the Debtor has not satisfactorily explained the numerous pre-petition transfers from the Bank of America checking account, including multiple checks related to motor vehicle transactions and several checks reflecting transfers to insiders. The court agrees.
Shaver appeared to either be content to air the dirty laundry of his Client or malfeasance in his lack of vigor attempting to seal those transcripts. That is why it is most interesting that Shaver is attempting to cross the aisle and defend the debtors themselves and assist in preventing the American Public’s ability to have transparency with respect to the true nature of the case. But wait! It gets better!
The US Trustee, though, has had her fill of the debtors in the Involuntary Bankruptcy of NFN. To date, Shari Nott and Jack Jaffa have refused to file October, November, December, or January’s Monthly Operating Reports (MOR). This is extremely interesting. Shaver is alleging to advocate for victims through this Star Chamber he is calling the Unsecured Creditors Committee (UCC). And it is a Star Chamber. Shaver continues to refuse to reply to victim’s emails and phone calls even after they have reached out directly to the US Trustee herself complaining of such. Time and again, Shaver appears to be failing to properly investigate matters regardless of the bluster that he continues to spew in court filings against Foreclosurepedia. Shaver’s whining has reached such a crescendo, recently, that Foreclosurepedia has attempted to locate a Safe Space for Shaver and Cole to hug each other in.
Shaver fully knows that monies were removed by NFN to finance new operations such as Chick Shack, Eviction Specialty Services, and All The Right Movers to the tune of millions of dollars. NFN had additionally spun up a new company in Texas called — and wait because you will love it — National Field Network. And where was Shaver? Ambulance chasing with the Keystone Cops obviously. I mean for all of the discussion about no one knowing anything about NFN and their alleged shutting down, I find it remarkable that I am capable of recruiting their employees, as sources, whom willingly state that NFN has set up shop in the State of Texas. I mean this is not rocket science. And it certainly does not take a forensic accountant to understand that the millions of dollars in loans to Shari Nott’s Axis of Evil currently making money originated from monies owed to Minority Females and Labor.
If you let David Shaver tell the story, Foreclosurepedia is hellbent on collapsing NFN. Yeah, I am not going to lose any sleep when #Fraudsters suffer the same fate as their victims. To that point, perhaps Shaver ought to spend a little bit more time serving the victims he collects money from than picking fights in the sandbox. Shaver and Cole picked a fight that I am more than willing to finish. And to that point there is no measure of the length nor breadth of publishing I will do in order to demonstrate that the First Amendment is not simply reserved for those with law degrees.