Background

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="2" width=210 BGCOLOR="#006633" TEXT="#F7F7FF" background="132d6c00ddvuru.jpg"> <bR> <bR> <bR> <bR> <bR> <div> <B>INDEX OF PAGES</B></div> <bR> <div> <A HREF="index.htm" TARGET="_top" TITLE="Main"><U><B>Home Page</B></U></A></div> <bR> <div> <A HREF="news.htm" TARGET="_top" TITLE="In The News"><U><B>In The News</B></U></A></div> <bR> <div> <B> </B><A HREF="gasb_fraud.htm" TARGET="_top" TITLE="gasb"><U><B>German-American State Bank Fraud</B></U></A></div> <bR> <div> <A HREF="davis_bank_fraud.htm" TARGET="_top" TITLE="davis"><U><B>State Bank of Davis Fraud</B></U></A></div> <bR> <div> <B> </B><A HREF="records_confirmed.htm" TARGET="_top" TITLE="confirmed"><U><B>Property Title Records Confirmed</B></U></A></div> <bR> <div> <A HREF="title_fraud__i_.htm" TARGET="_top" TITLE="Bankruptcy Court/Title Company Fraud, Pa"><U><B>Bankruptcy Court/Title Company Fraud (1)</B></U></A></div> <bR> <div> <A HREF="letter.htm" TARGET="_top" TITLE="letter"><U><B>Letter to Stockholders of FNF</B></U></A></div> <bR> <div> <A HREF="id25.htm" TARGET="_top" TITLE="Conflict of Interest"><U><B>Paul Logli and Conflicts</B></U></A><A HREF="id25.htm" TARGET="_top" TITLE="Conflict of Interest"><U><B> of Interest</B></U></A></div> </td> <td valign="top" colspan=2 height=110 BGCOLOR="#0000CC" TEXT="#080000"> <bR> <div> <B>BACKGROUND</B><FONT SIZE="6" COLOR="#FFFFFF" FACE="Times New Roman" ><B> </B></FONT><FONT SIZE="3" COLOR="#FFFFFF" FACE="Times New Roman" ><B>        </B></FONT></div> <div> <B> </B></div> </td> </tr><tr> <td valign="top" height=370 colspan=2 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> <B>  </B></div> <bR> <div>   <FONT SIZE="4" COLOR="#000000" FACE="Times New Roman" > The victims in this Case, Clarence and Harriet Vance, are a married couple now in their mid-sixties who are living on Social Security income.</FONT></div> <bR> <div>      Clarence and Harriet decided, before they were married, that they did not want to live or raise children in town.  After they were married, they found a 181.4 acre farm North of Pecatonica, Illinois, which is in Western Winnebago County.  This farm appeared to them to be an ideal place to live and to raise children in God's fresh air and open spaces.  The purchase of the farm was made possible because the owners were so interested in retiring to a house they had bought in Pecatonica that they were willing to finance the farm purchase so they could move to town.</div> <bR> <div>      The farm was bought on a seller financed Agreement For Deed signed on July 23, 1962.  In the Spring of 1963, possession transferred and Clarence and Harriet moved onto the farm.</div> <bR> <div>      Until recently, Pecatonica has been the proverbial "farmers town" where area farmers grow corn, soybeans, hay, and milk cows or feed livestock for market. The village has also been a place where area farmers conducted their daily farm related business affairs and, at the appropriate time, retired.  Area farmers, for the most part, now raise corn and soybeans as a cash crop on land owned by absentee landlords.  Pecatonica and the surrounding area has been, and still is, a place free from driveby shootings, gangs, and such and is a good place to live.</div> <bR> <div>      After they moved to the farm, Harriet worked as a Registered Nurse in a hospital in Rockford, Illinois.  Clarence raised crops and fed livestock on the farm property.  Together, they raised four (4) children on the farm.</div> <bR> <div>      The annual farm payments and property taxes on the farm were paid from the wages Harriet earned while working as a hospital nurse.  Clarence's income was spent mostly for crop and livestock expenses and paying for necessary farm machinery.  Living expenses were paid from both incomes.</div> <bR> <div>      Anyone who has ever farmed or raised livestock for a living knows that it takes an initial investment to buy machinery, livestock and necessary supplies to make the operation work.  It also takes a continuing investment in time, energy and money to keep the operation going.  The cost of veterinary expenses, just to keep animals healthy, can be substantial at times.  Farming has always been a way of life and has never been a road to riches.</div> <bR> <div>      After planting crops on the farm for two or three years, Clarence and Harriet came to realize that about a third of the farm had field drainage problems.  In the poor drainage area, water either had to run off or evaporate rather than seep down through the soil.</div> <bR> <div>      As finances permitted, field tile lines were installed over the next few years to improve the drainage in the problem area.  By standard practice, the tile was placed at a depth of about 4 feet.  This turned out to be just under the topsoil and on top of a colored and very fine textured clay subsoil.</div> <bR> <div>      Around 1970, the Illinois Environmental Protection Agency (IEPA) ordered the closing of the landfill being operated by the City of Rockford that was so high it was commonly referred to as "Mount Trashmore".  The City of Rockford conducted subsoil borings on numerous properties in and around Winnebago County in an effort to find a suitable new landfill site.  Each prospective site proved unsuitable because the subsoil contained too much sand and/or gravel that allowed water to flow through them freely.  The soils in Winnebago County, for the most part, are composed of varying amounts of sand and gravel over a limestone base and, consequently, are generally very porous.</div> <bR> <div>      During February of 1971, an acquaintance of the Vance family, who was in the well drilling business, drilled a hole in the poor drainage area on the farm.  The soil material from that drilling consisted of a very fine greenish-blue clay, with no or very little sand, to a depth of about 48 feet where bedrock was encountered.</div> <bR> <div>      Clarence says that the clay in that sample was so fine that when he shook it in a container of water it appeared to be as fine as talcum powder and other samples left to dry in the air and sunshine became as hard as concrete.  It became obvious that the poor drainage area was always very slow to dry because surface water could not drain through that tight clay subsoil.</div> <bR> <div>      A sample from that drilling was presented to the City of Rockford Public Works Department.  Personnel of that Department were so pleased with the sample they had a soil testing company come from Dixon, Illinois, and take six (6) other samples at various locations on the farm property.  Those samples revealed that this very fine clay, with virtually no sand, was present to an average depth of about 35-40 feet on approximately 60 acres of the farm.</div> <bR> <div>      Clarence says the man operating the boring rig asked him:  "What are you going to do with all your money"?  Clarence also says the boring rig operator stated that he had been personally involved in the drilling of most of the prospective sites and was well acquainted with the soils in Winnebago County and that, because of both the scarcity and the depth of this very fine textured clay subsoil, this farm property was worth a lot of money to the right people.</div> <bR> <div>      A report of those borings together with boring samples were sent to the IEPA State Office in Springfield, Illinois.  On the basis of that report and those soil borings, the Manager of the Illinois Environmental Protection Agency Bureau of Land Pollution Control addressed a  <a href="http://www.wellsofjustice.org/pdf/eltr.pdf" target="new">letter</a>  , dated June 9, 1971, to Mr. Clifford Wendell, then Commissioner of the City of Rockford Public Works Department, and stated, that:</div> <bR> <div> " . . .  <I>The silty clays and greenish-gray clays which are dominant in the borings are generally very good protective soils and are suitable for landfill purpose.</I></div> <bR> <div> <I>It appears that the depths of clay over the rock strata are sufficient in the East 60 A(cres) +/-</I>,  . . ."</div> <bR> <div>      Clarence and Harriet claim that the City of Rockford did express minimal interest in the property in late 1971 or early 1972, however, the City eventually decided to use a large gravel pit owned by Rockford Blacktop Construction Company. The Illinois Environmental Protection Agency allowed the Howard family, which is now doing business as William Charles, Ltd., to line a large gravel pit, known as Pagel Pit, with asphalt.  That gravel pit, used as a landfill since about 1973, now looks like a mountain that can be seen for miles around and was recently covered with a layer of dirt and seeded over.  It appears the top got so narrow that it would only accommodate two or three trucks side by side.  They are now making another "mountain" next to the first one.  It appears that eventually both "mountains" will become one bigger one. </div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT><FONT SIZE="4" COLOR="#0000CC" FACE="Times New Roman" >    </FONT> William Charles, Ltd., located in Loves Park, Illinois, is a family owned company started about 1950 (+/-) by William "Bill" Howard as a small asphalt business that has grown and diversified into aggregate production, environmental services, landfill operation, heavy-duty truck sales and service, and real estate developments.  The name "William Charles" is a composite of William Howard (deceased) and his son Charles J. Howard, who appears to be "the man in charge".  William Charles, Ltd. claims to be one of the largest private employers in Northern Illinois and it has been reported to own approximately 50 companies in the area.  The exact number of companies owned by William Charles. Ltd. is hard to determine due to the vagueness in public records caused by properties held in blind trusts.  Some companies under the William Charles, Ltd. umbrella are:  Rockford Blacktop Construction Co., the original asphalt and road construction company;  Rockford Truck Sales and Service, a GMC heavy truck dealership;  and William Charles Investments, which owns numerous commercial properties in and around Rockford and builds subdivisions in the area.  William Charles, Ltd. reported in 2000 to having contributed over $2.7 million from the William Howard Charitable Trust to support disabled and disadvantaged children's services.  </div> <bR> <div>      It appears that William Charles, Ltd. has a monopoly on the garbage industry in Northern Illinois, and exercises considerable influence in local affairs.  Garbage related businesses owned by the company include, but may not be limited to, Winnebago Reclamation Services (which, either by that name or as Rockford Blacktop Construction Co., has disposed of the areas garbage in its Pagel Pit landfill south of Rockford for the past 30 years), Rock River Disposal Services, Gill's Freeport Disposal, Dean's G and B Disposal, Rochelle Waste Disposal, Marengo Disposal, Allen Disposal, and Northern Illinois Disposal.  It appears that these companies collect and dispose of the garbage from Rockford, neighboring Loves Park, and other Northern Illinois cities as far away as Princeton, Dekalb and Streator Illinois.</div> <bR> <div>      Newspapers published in Rockford have reported, on several occasions, that the Mafia has been involved in the Northern Illinois garbage collection and disposal business for many decades. </div> <bR> <div> <FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > </FONT>    Clarence says that the State Bank of Davis, in Davis, Illinois, agreed to begin financing his cattle feeding operation in December, 1980.  Clarence also says he knew that attorney Wilbur Kroeger, a member of what was then the Kroeger, Burt & Demik lawfirm in Freeport, Illinois, was a Director of and the Legal Counsel to the German-American State Bank in German Valley, Illinois, which had tried to force him out of business in 1974..  Clarence says he did not know that Woodruff Burt, a Director of and the Legal Counsel to the State Bank of Davis, was also a member of that Kroeger, Burt & Demik lawfirm.  That lawfirm now goes by the name of Schmelzle & Kroeger and is still located at the same address.  Attorney Woodruff Burt apparently left that lawfirm in or about 2001.</div> <bR> <div>      Almost ten (10) years after the issuing of that IEPA letter and about seven (7) weeks after the State Bank of Davis started financing Clarence's farming operation, an<FONT SIZE="4" COLOR="#009933" FACE="Times New Roman" ><B> </B></FONT> <a href="http://www.wellsofjustice.org/pdf/article.pdf" target="new">article</a>  was printed in the January 28, 1981 edition of The Rockford Register Star newspaper, entitled "<B>Durand-Pecatonica landfill studied</B>", that stated, pertaining to the farm property, as follows:</div> <bR> <div> <I>"The Rockford Sanitary District has begun to investigate placing a landfill between Durand and Pecatonica as an alternative to the controversial Baxter Road site in Cherry Valley.</I></div> <bR> <div> <I>  In what District Director Jon Olson called a "preliminary" move, the Sanitary District board has approved a look at the new site, though not yet the full sampling necessary for the site to pass state Environmental Protection Agency regulations.</I></div> <bR> <div> <I>  Olson refused to reveal the exact location under consideration.   . . . </I></div> <bR> <div> <I>  Rather, Olson said, the district recently became aware that a Durand-Pecatonica site might meet soil criteria for a landfill.</I></div> <bR> <div> <I>  'In all honesty I wasn't aware that there was even any other site in the county that might qualify,' Olson said."</I></div> <bR> <div>      Clarence and Harriet acknowledge they were aware that the Illinois Environmental Protection Agency had declared that the clays in the subsoil on about 60 acres of the farm "<I>are suitable for landfill purpose</I>".  Both of them say they also understood that the property was worth a lot of money to the right people.</div> <bR> <div>      Clarence and Harriet claim they did not become aware of the newspaper article, the nature of its contents, or the fact that the City of Rockford<I> "Sanitary District board (had) approved a look at the new site"</I>, until a friend or relative provided them with a copy of the article later in the Spring of 1981.  Clarence and Harriet also claim there was never any contact with any family member about the Rockford Sanitary District "interest" in the farm property.</div> <bR> <div>      The Agreement For Deed on the farm matured in the Spring of 1983, at which time the remaining balance was paid in full.  The<I> </I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/deeds.pdf" target="new">WARRANTY DEED</a>  </FONT> was to have been issued solely to Harriet Vance because she had paid for the farm from her wages as a hospiral RN.  Whether by mistake or by intent, Randall C. Talley, the attorney for the then widowed and elderly seller (her husband died in 1971) issued the WARRANTY DEED to the property in the name of both Clarence Vance and Harriet Vance.</div> <bR> <div>      Harriet says she did not employ an attorney at that time because of prior bad attorney experiences and the fact that she enjoyed a good relationship with and trusted the seller that signed the WARRANTY DEED.  Harriet also says that she did not become aware that the Deed was issued to both Clarence Vance and Harriet Vance until some time later.</div> <bR> <div>      Harriet claims that upon discovering this error she asked Clarence to sign a QUIT CLAIM DEED and thereby transfer the interest in the farm property mistakenly conveyed to him back to her.  Clarence voluntarily did so on September 2, 1983, in the presence of three (3) witnesses<I> </I><FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" > <a href="http://www.wellsofjustice.org/pdf/deeds.pdf" target="new">(See Deeds)</a>  </FONT>.</div> <bR> <div>      On October 22, 1993, being the sole and lawful owner of the farm property, Harriet Vance created a Trust and placed the entire 181.4 acre farm in that Trust as an estate planning measure for the benefit of her children.</div> <bR> <div>      In an attempt to stop the unjustifiable State Bank of Davis legal actions against him, Clarence filed a voluntary no asset Chapter 7 Bankruptcy Petition on March 10, 1997.</div> <bR> <div>      Winnebago County Circuit Court Judge J. Todd Kennedy signed an<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/ovt.pdf" target="new">ORDER VESTING TITLE</a>  </FONT> and a<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/fjo.pdf" target="new">FINAL JUDGMENT ORDER</a>  </FONT>, in Case 97-ED-1 on October 27, 1998, and therein confirmed the Public Title Records, maintained by the Winnebago County Recorder's Office, and the lawful Title to the farm property to be vested solely in theThousand Hills Trust, Which Harriet created in 1993.</div> <bR> <div>      Those confirmed Public Title Records establish that Clarence Vance has had NO title or ownership interest in the farm property since September 2, 1983 and that he has NEVER been a sole owner of the farm property. </div> <bR> <div>      Contrary to those confirmed Public Title Records, Daniel M. Donahue, as an attorney for the creditor, State Bank of Davis, and also the court approved attorney for Thomas J. Lester, the Trustee for the bankruptcy estate of Clarence Vance, filed an<FONT SIZE="4" COLOR="#0000FF" FACE="Times New Roman" >  <a href="http://www.wellsofjustice.org/pdf/advc.pdf" target="new">ADVERSARY COMPLAINT</a>  </FONT>, as Case 99-A-5023 on February 24, 1999, and fraudulently alleged in that Complaint that Clarence Vance still owned "<I>an undivided one-half interest</I>" in "<I>the Farm Property</I>".</div> <bR> <div>      In June of 2000, Security Union Title Insurance Company, a subsidiary of Fidelity National Financial, Inc., issued a "COMMITMENT FOR TITLE INSURANCE,  <a href="http://www.wellsofjustice.org/pdf/cf623ti.pdf" target="new">(See Commitment to "Parcel III")</a>  , for each "<I>Parcel</I>" the farm property was to be "divided" into.  Each such COMMITMENT claimed that "<I>Title to the fee simple estate or interest in said land is at the effective date hereof vested in:  THOMAS LESTER, TRUSTEE IN BANKRUPTCY FOR CLARENCE L. VANCE, BANKRUPT</I>", as if Clarence was the sole owner.</div> <bR> <div>      Based on those misrepresentations and contrary claims and also despite the fact that both United States Statute 28 U.S.C. 1257 and the <I>Rooker-Feldman</I> doctrine of the United States Supreme Court deprive the Bankruptcy Court of subject matter jurisdiction to review or modify a previously rendered state court judgment, Bankruptcy Judge Manuel Barbosa "<I>authorized</I>" Bankruptcy Trustee Thomas J. Lester to conduct a "<I>Sale</I>" of "<I>the Farm Property</I>", which occurred on July 20, 2000, and later "<I>authorized</I>" him to issue a "<I>TRUSTEE'S DEED</I>" to each such "<I>Parcel</I>", each of which is dated September 26, 2000.  All conducted "<I>under color of official right</I>"of the United States Bankruptcy Court in rockford, Illinois.</div> <bR> <div> <FONT SIZE="4" COLOR="#BF0000" FACE="Times New Roman" ><B>NOTE:</B></FONT><FONT SIZE="4" COLOR="#0000CC" FACE="Times New Roman" >    </FONT> The Vances claim that they did not become aware of the applicability of 28 U.S.C. 1257 to their situation or of the existence of the <I>Rooker-Feldman </I>doctrine until September, 2004.  They claim that, as a consequence, they did not become aware that the Bankruptcy Court was barred, by that United States Statute and the <I>Rooker-Feldman </I>doctrine, from reviewing or effectively voiding that prior state court FINAL JUDGMENT ORDER.  Judge Barbosa disregarded that pertinent federal law when he "<I>authorized</I>" that "<I>Sale</I>" of "<I>the Farm Property</I>" and the issuing of each such "<I>TRUSTEE'S DEED</I>".</div> <bR> <div>      Clarence and Harriet, "<I>under color of official right</I>" of an ill-gotten Winnebago County Circuit Court "Order", signed by Judge John R. Truitt on August 22, 2002, were unjustly evicted from their home of almost forty (40) years on September 4, 2002.</div> <bR> <div>      The Vances both claim that, some time after that "<I>Sale</I>" of "<I>the Farm Property</I>" or after their eviction, then Winnebago County Chairman Kristine Cohn publicly stated that Winnebago County had plenty of landfill space.</div> <bR> <div>      The fraudulent transfer of Title interest to the farm property, "<I>under color of official right</I>" of various ill-gotten court orders, and the efforts to coerce a validation of each such "<I>TRUSTEE'S DEED</I>", by various court actions, are the current subject of this website.</div> <bR> <bR> </td> </tr></table></body>