I receive threats of litigation every week for what I Publish. Last week, though, what may only be termed as an affront to the First Amendment was launched against me. In essence, I was threatened with pedestrian drivel in an attempt to Silence that which I report upon. Contractors need to take note of this. Whether or not you like what I write, I Source EVERYTHING. Today, it is Foreclosurepedia. Tomorrow, it may well be you!
Berghorst Enterprises and “unnamed other parties” as the lawyer put it are the most recent. Berghorst Enterprises, though, took a novel approach. Brett R Schlender, an ambulance chaser at Buckman, MacDonald, Bauer & Brown, PC decided he would threaten to sue me under the Racketeer Influenced and Corrupt Organizations Act (RICO). I never did quite follow why as all he was able to spit out was a Google+ Page which stated, in pertinent part,
All donations write off and we provide a TIN for such.
Google automatically adds a hash tag and in the case of my Post, Google applied #charity. I would’ve hyper linked it, but I couldn’t find it and gave up looking. November 7th, 2013, is what Schlender says. So, before performing due diligence, Schlendler threatened to have me arrested by the Internal Revenue Service (IRS) and then file RICO as that is the last straw his Client(s) have to grasp at. Now, TIN is an acronym for tax identification number. First year law would’ve taught that. What is surprising is that this is the only thing Schlender relies upon for filing RICO against Foreclosurepedia.
Schlender then proceeded to call Foreclosurepedia a “smear blog.” Nothing new as I have been called much worse. Figured as much from a lawyer whom so stereotypically portrays a lawyer chasing ambulances — or blogs — to make a buck or two.
The reality is that when people donate money to purchase a subscription or otherwise ear mark it for an Article they may write off the expense in the same way that cable tv, telephone, or any other tax deductible expense is written off. Many people, including lawyers for a Client of Berghorst Enterprises reads Foreclosurepedia as part of their work product research and I would presume for the satire.
Normally, I would not even legitimize ambulance chaser Schlender a solitary line of space on my blog. What fascinated me is that Schlender stated he had not listened to any of the Podcasts of Berghorst Enterprises former employees nor Contractors. See, there’s that due diligence thing again.
Did you hear that? It is the sound of a career going down the toilet. I digress.
I welcome the litigation if Schlender so desires it. I have already advised I will subpoena Berghorst Enterprises Client’s Associate Legal Counsel, so the more the merrier. The train wreck doesn’t stop there, though. We will subpoena all current and former employees, Contractors and half a dozen National Association of Mortgage Field Services (NAMFS) Members including Executive Director Eric Miller. The process of discovery will have environmentalists lamenting for decades; I will file 100 to 1, because of the amount of trees butchered to create the paper. Depositions and interrogatories will eventually bring Schlender and his firm to a grinding halt. Pro hac vice ring a bell Counselor? Yeah, it’s going to get real costly, real quick. Hell, we haven’t even thought about how the Drive By Media is going to look at it!
Truly ironic. I asked Schlender what precisely he wanted done as the letter stated to never again write about Heather Berghorst, her family and I presume NAMFS. Being that I have been moving in a Mainstream Direction; being that I had informed Contractors to contact the US Department of Justice (DoJ), I was surprised because Berghorst Enterprises was the furthest thing from my mind — until now — to write about.
Funny how things work out. The same day Schlender wrote his sophomoric drivel, I received this from one of Berghorst Enterprises Contractors which has also been forwarded to one of her Clients,
Paul—I am currently a contractor with Berghorst ent—I listened to your podcast of the former employee and she is telling the truth about everything at Berghorst–Heather currently owes me approx. 22,000 and has me on a payment plan to catch up but by the time she pays me what she owes me–she will be in the hole another 20,000–she has NEVER payed the invoices in a timely matter–they are always 60-90 days–and when I heard that Altisource pays within 2 weeks–I almost drove to Michigan to confront her face to face–please call me at xxx-xxx-xxxx if you want to talk–this type of bullshit has to stop!!
So, Counselor where do you really want to go? We know the IRS bit is a crock of shit and you won’t even pass muster under a Motion to Dismiss. The detective game didn’t work in Michigan and it damn sure won’t work in the South so you pass that on to your “unnamed” party — yeah, I do perform due diligence. You litigate civil rights. Didn’t it ever occur to you to ask around whether or not I spoke Latin?! Did you think I just fell off the bus Counselor? You will be damn lucky if I do not file a 42 USC § 1983 against you — hell, if I spin it right I can probably get a 42 USC § 2000 et seq as well as my materials are being sent to Washington — along with a Complaint against you with the Michigan Attorney General Grievance Commission and Indiana Bar Association and a Rocket Docket here in Tennessee for Libel and Slander. You see, Counselor, when you affixed your term “smear” to the written format and those in your office and without viewed that it is called Game, Set and Match.
This one is a little bit above your pay grade, son. P74851 was only issued in May, 2011, for Michigan; 30423-71 February, 2012, in Indiana. Make no mistake young man I have forgotten more than you will ever learn. If it is asymmetrical and protracted litigation you desire while shooting for that American Bar Association Card, I will gladly facilitate it for you!
The difference between you and the rest of the lawyers I have taken on — and whom I respect — is that you are a petulant kid in a sandbox. Now, I can go back to writing about Mainstream Information or I can drill down on the pile of correspondence which now measures in the feet when printed. I do not think Altisource wants to have their lawyers receive subpoena nor anyone else. Maybe I am wrong. Maybe Altisource and Ocwen are comfortable enough to risk Discovery and Subpoena of their Lawyers and Employees including those in Accounting. I mean a fishing expedition would be something which would give me material to write on for the next twenty years! Hey, stranger shit has happened. I mean with Dodd – Frank and all coming down the pike; the Volcker Rule, maybe they really, really do not give a damn — um, yeah.
What I recommend you do, Counselor — see this lesson is pro bono — is tell your Client(s) to pay their Contractors and I have nothing to write about. More on point, your Clients have FAR MORE TO LOOSE than I do. I promise you that as I will be pro se I will drag this out for the next ten years. I will file a § 1404 Motion and we will all reconvene in Tennessee. Prima facie, you have jack shit. Now, when I start sending out the subpoena duces tecum in the droves, we are going to see precisely how many frequent flyer miles you and your Client(s) rack up. It is not a Gulf Oil Corp. v Gilbert Strategy, either. FRCP 27(a)(3) is king down here, Counselor. I will not hesitate to file a Writ of Mandamus should any of you become deaf to the matter, either!
You see, at the end of the day Counselor, you tipped your hand far too quickly. You did not know whom I was nor how far down the rabbit hole I am. You folks thought I was just some ignorant hillbilly — the term comes from the Scottish whom supported King Billy and lived in the Highlands by the way — and some wet behind the ears posturing was going to prevail.
I also noted that you did not contest the veracity of ANYTHING I wrote nor those whom participated in my Podcasts which sounded almost like Depositions. That is why we both know that threatening and intimidating of a Member of the Media with frivolous litigation is a costly endeavor.
While the elucidations will not make much sense to most of my Readership, people in Warren and Hastings, Michigan, will completely comprehend. It is always a dangerous game to toss stones in a glass house. I am a busy man and have humored your first year law school term paper. I would far rather continue reporting on the Positive things going on; however, I will not hesitate to launch a prolific writing campaign. I recommend we call it a day Schlender. No Firm is going to look favorably upon a young and otherwise promising lawyer whom picks fights with the Media. Bad PR; bad all the way around. The ball is in your Court, Counselor …