Martha Coakley's Mass Division of Banks defends falsely calling black female broker a "convicted felon" and failing to produce documents.

NOTE: Ms. Gibbons will appear on "The Nation Speaks" radio program tomorrow morning at 6:30am at TOUCH 106.1 FM.
The Massachusetts Division of Banks issued Miracle Mortgage a Cease and Desist Order, along the way alleging that she was a convicted felon. In point of fact, the charges against her were dismissed and the file sealed. The Division still maintained its position despite the dismissal and an accompanying Affidavit from her counsel. Ms. Gibbons had a #1 rating as a broker.

She has been forced to attend conferences and hearings that were adversarial in nature without any paperwork or notice that she could have counsel. She has requested material documents from the Division 6 weeks ago and they have failed to produce a single document or a Good Faith cost estimate. In a hearing this afternoon for Injunctive relief to make the Division produce documents before Monday's scheduled conference the Court held that it did not have jurisdiction because in essence Ms. Gibbons' status as a Respondent in an adversarial administrative action trumps her right to receive even a Good Faith Cost estimate within 10 days of her Public Records Request. Ms. Gibbons will have to wait until the Final Adjudicative Order before joining the current public records lawsuit with one for her Constitutional Deprivations.

So on behalf of the Station I will issue the same requests and their counsel Tory Kim will have to answer me within 10 days, as per Law.

With respect to a hearing that the Division is trying to hold on or before January 11, 2010, the Court stated:

"It would seem to me that production [of the documents] should occur no later than next week."

Furthermore, Ms. Gibbons' separate complaint before the Massachusetts Commission Against Discrimination (MCAD) alleges that the Division of Banks has targeted her as one of only 3 black female brokers, while allowing white owned and operated broker firm and banks to go unscathed even though she was following their own procedures on Stated Income Mortgages.

She cites the case of Fidelity Guarantee Mortgage Corporation v. T Reben, 809 F2d 931 (1987) as illustrative. Vermont put them out of business with a Cease and Desist Order. In that case, the Court of Appeals affirmed a finding that the lower court held that a Civil Rights Conspiracy lawsuit under 42 U.S.C. 1985 was frivolous, and it taxed costs against Fidelity for a frivolous appeal as well.

Further, I am verifying an allegation that Fidelity Principal Herb Jacobs was convicted and sentenced to jail time.
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But what happened when complaints were filed with the Division of Banks against Fidelity (a Caucasian-owned business) in the Greater Boston area after these problems?

Answer: Nothing, really. Fidelity filed a Chapter 11 Bankruptcy during Ms. Gibbons' trial against them and East-West Mortgage for Fraud. But the Division did set out to issue a Cease and Desist against HER The Massachusetts Commission Against Discrimination complaint will be hosted at this post upon receipt.

Here is Martha Coakely testifying in October in favor of passage of SB 1848, a bill she co-sponsored to promote fairness and accountability in the Mortgage industry. Perhaps she should review the existing case file on Catherine Gibbons/Miracle Mortgage and go from there.