As incredible as it may seem, this is just a small part of the facts that
would take to fill a voluminous book of the humiliating, outrageous,
indefensible frauds suffered by us in the American legal/judicial system
In 1981, Vincent and Sophie Germano, successful business partners since
1948, paid $112,762.30 by Cashier’s Check for clear title to one acre of
land at Interstate 40, Oklahoma City, OK, and with an additional investment
of $375,000.00 and a construction loan by Guarantee Bank, we constructed
Phase 1, of the motel named American Inn. After construction was completed,
the motel experienced an occupancy rate in excess of the national average
for independent motels.
However, it was not long before the specter of predatory lenders and a
corrupt legal system became apparent. The first such evidence of lender
fraud was by Savings Investment & Service Corp., (SISCORP) when they reneged
on their agreement to pay-off Guaranty Bank and kept $30,000.00 that was
paid for their commitment.
As customary in real property finance, American Inn’s debt to Guaranty Bank
was paid-off by First National Bank Of Bethany, now, First Bethany Bank &
Trust, N.A. (Bank). A $9,000.00 fee was paid for the loan.
With American Inn’s debt to the bank in good standing, and at our request,
the bank’s president, Peter Pierce Sr. verbally extended the bank’s note
from 10 to 15 years and agreed to an interim payment schedule until another
lender’s commitment to pay-off it’s note-mortgage was obtained.
On January 4, 1985, in total disregard for 18 payments made pursuant to
Peter Pierce Sr.’s verbal agreement, his lawyer son, Peter Pierce III,
absent default and notice, corruptly filed the bank’s foreclosure of it’s
note/mortgage falsely alleging "failure to abide by it’s interim
arrangement." Our first attorney, filed a sham (1) page Answer and was
dismissed after he secretly dismissed our Counterclaim.
The Bank and our own legal counselors brought their criminal conduct to the
highest levels by their fraud upon the court. Our lawyer, Alan C. Durbin,
hired on the recommendation of the U.S. Attorney (Bill Price)(who heard our
complaint of criminal perjury of foreclosure instruments) deceived us from
the start. In part, Durbin corruptly falsified his, and Reaves Entry of
Appearance and Withdrawal Motions to hide his corrupt conduct; and induced
us to sign the Bank’s Journal Entry of Judgment on our Counterclaim. Bill
Price later joined Durbin’s law firm.
Twenty four days later we hand delivered (Tinker’s) commitment to the Bank’s
president Peter Pierce Sr. who stated he would cease bank’s foreclosure and
cooperate with our counsel to close Tinker’s commitment for repayment of
American Inn’s debt. The commitment was issued by Tinker Investment &
Mortgage Corp.(a federal credit union of employees of U. S. Tinker Air Force
Base). A $19,500.00 fee was paid for the commitment with a closing date of
March 31, 1985 which would have paid-off the bank’s note.
On April 8th the bank filed it’s Motion For Summary Judgment On Counterclaim
stating in part: "there is no substantial controversy as to any material
fact", and that "the commitment attached to the counterclaim as Exhibit "A,"
was issued January 28, 1985, and expired 3/31/85", and that the "foreclosure
suit was in accord with the Comptroller of the Currency Directive." Thus,
judge James Blevins corruptly awarded the Bank judicial foreclosure and
dismissed our counterclaims,(cases CJ-85-0095 & CJ-85-5070), driving us to
seek protection under CH-II, U.S. Bankruptcy.
The many lawyers, bankers and bankruptcy trustees, all conspired in blocking
the closing of Tinker’s commitment, by the original and (two) extended
dates, to prevent repayment of American Inn’s debt and to move the court for
possession of our motel. This was all done to keep the truth from ever being
presented in a trial by jury on the merits.
We could never have imagined such fraudulent behavior by the lawyers of nine
(9) Oklahoma City law firms, who in a documented pattern, extended their
state court fraud by taking positions in full control of American Inn’s
Bankruptcy, Pierce III, (his Bank a defendant in our lawsuit on appeal and
chose in action himself), as Trustee’s counsel, prosecuted a sham Adversary
suit against us to complete the Bank’s foreclosure, defeated our appeal and
converted the case to CH-7. See pictures of certain of the lawyers and lower
court judges on our web site at http://users3.ev1.net/~vjg/ .titled America’
s Courts of Injustice.
The bank and all the corrupt lawyers involved, together with sham affidavits
by corrupt bankruptcy trustees, defeated our every efforts to exercise our
rights to a trial by jury on the merits in the U.S. and OK. State District
Court actions and appeals from the fraudulently begotten judgments.
Compelling complaints, involving a litany of malpractice involving civil and
criminal law violations were denied by Oklahoma and American Bar
Associations. That bar member lawyers employed at the highest levels of law
enforcement and regulatory departments of government, also corruptly refused
their sworn duty to preserve, uphold and defend the Constitution of the
United States of America.
Virtually all documents filed in our case are in our possession. At all
times pertinent, the bank was represented by lawyer Peter G. Pierce III, son
of Peter G. Pierce Sr., who with his extended family were the stockholders,
directors and officers of FNB Real Estate Company (subsidiary) of FBB & T,
N.A; FB Bankcorp, Inc. (parent holding company) to FBB&T, N.A. - all
Oklahoma corporations.