Quite a few months back, I was informed by a not so nice neighbour of the presence of two middle aged men walking around our property between the hours of 5.30pm and 6pm one weekday afternoon, about the 20th July, 2008. By this stage, we had moved out of the property. I instantly knew that these men had to be real estate agents.

I also recall receiving a call from a male real estate agent from Elders Real Estate Castle Hill around the same time. I cannot recall who this sales man was, but I know it was not Craig Alexis, as I had spoken with him before and found him pleasant to speak with. Whoever this was, had an air and attitude about them in the way they spoke to me. The phone call was full of questions for me by the caller, and then the caller very smugly, and with underlining meaning to his message, told me that “we would leave it like that then”, as I wasn’t giving him any information, and did not wish to speak to him. I mentioned this call to Dallas, and then we proceeded to forget about it.

That is until today. We have been watching the process of the preparation of the property for sale by the bank. We knew that the time was getting very close for the property to finally arrive on the market by the amount of activity going on (basically everyone spending whatever money they liked for Dallas and I to be billed, like putting new air conditioning in the property!) We’ve noticed the theft that has taken place as well (whoever has the beautiful urn pot that was concreted into the front garden, I must say I am impressed with your desperation to take something that doesn’t even belong to you, well done!)

Oh, yes, getting back to today. To our absolute surprise on checking realestate.com.au today, we found our property listed with ELDERS Real Estate at CASTLE HILL!

Where has Homeway First National gone with the not so lovely Krys Yard and Bill Austin? You can’t be serious that they walked away from an easy listing because of us? Maybe First National didn’t appreciate the truth being told about their sales people, how they work for the bank in these type of situations, and against their local community. We never heard from Stewart Bunn again, First Nationals National Communications manager. Maybe we had way to much evidence of Krys Yard’s slimy, back door dealings with other companies to assist an unethical sale for us, but to get her hands on her commissions? Maybe Krys Yard does have a conscience after all, and decided that what she was doing was wrong? Only First National and the individuals involved know why they walked away from continuing to sell our property for the bank, but we are absolutely dumbfounded that they gave up! It obviously wasn’t worth it for them.

Well, now we would like to introduce to you the new salesman working to assist Perpetual Limited.

This is Grant McEnally. He is proudly and willingly assisting Perpetual Limited and its shareholders get richer. You see, it doesn’t matter how much Grant McEnally sells this house for, Perpetual Limited will receive everything it is owed as Perpetual Limited are 100% Mortgage Insured by Genworth Financial Mortgage Insurance. His intentions have already been made clear, that he, along with the bank, intend to totally fire sale our property. It will make no difference to him. He will get paid his generous commission for conducting a short sale on the property in his local community (we will be charged this for his lack of duty of care to obtain the best price for us). Maybe Tony Anderson from Tagma Property Consultants will pay him a generous commission as well for helping sell the property to one of his mates behind the back door? Surely this kind of underhanded behaviour would not happen with our trusty local real estate agents, would it?

The property was on the market exactly one year ago for the middle $800’s. Our property only shows up on the Elders Real Estate Castle Hill website when you type in properties around $600,000. Late in 2005, Perpetual Limited’s own property valuer valued this home at $950,000 and we had spent thousands on the property since that time. Yes, we know the market has dropped, but we also have access to RP Data and know what properties have sold for recently, that are similar to our home.

When you are on the Elders Real Estate Castle Hill website, and you look at properties for sale in the Castle Hill area, if you put in a search to show properties for $700,000 and above, our property does not show up. When you put in $650,000 and above, our property does not show up. When you put in $600,000 and above, there it is! So this is either a cheap and nasty lead generator technique to get as much response as possible, or blatent intentional short sale (which means to sell a property at a massive loss, so that the old home owner is stuck with a shortfall debt).

There are not too many people around who actually like the banks. I don’t think there are too many people around who actually like real estate agents either.

Grant McEnally is actually doing the Hills community a great injustice here by assisting the banks to short sale this property. The more this is done by real estate agents in the local area, the more house prices and values will continue to fall. Most people today are mortgaged to the max, and a lot of people wouldn’t be able to sell their home already for what the debt is. House prices falling just makes this problem worse. The more members of the local community that have to face huge losses from mortgagee sales, when they have been short sold, means that many of these families will face massive financial ruin and ultimately,  bankruptcy will become more common.

Anyway, we just wanted you to meet the local, caring real estate agent who is going to do the dirty on us for the banks and their profits, and of course his easy commission.

Now, back to Homeway First National Real Estate Castle Hill, just because you have walked away, does not mean this is over. You will get a much better understanding of this in the next few weeks, as will Elders Real Estate Castle Hill.

G’Day Everyone,

There are many new visitors coming along to this site everyday (15,000+ hits in the last 3 weeks to be exact. Not bad for a web site that is only 3 - 4 weeks old). As we mentioned in the Video’s category of this web site, we became inspired to start this web site after the National Australia Bank attempted to enforce a Judgment on the Calville family in Country Victoria.

Then, several months later, the whole Mortgagee In Possession issue came much closer to us. Our own family home to be exact.

On Thursday, July 24th, 2008, the Sheriff of Parramatta, a Locksmith and two staff members from Homeway First National Real Estate, Castle Hill Krys Yard (Krystyna Yard) - 0422 716 778 and Bill Austin - 0407 235 882 came on to our property in order to take vacant possession. Click on the link below to see what these two people from Homeway First National Real Estate put on the front door (inside, so they can’t be removed) window and the front sliding door window. They were driving a very nice green 7 Series BMW and dressed for success on the day. Their look was one of “this will be a great listing”, and smug contentment.

Click The Link Below (Its nice to see Real Estate Agents like this lending a helping hand to the mortgagee. Perhaps they could have put a huge pink inflatable elephant with a slogan like “Come and Get The Bargain of the Century”). Bill Austin and Krystyna Yard should be feeling really good about themselves.

Tagma Property Consultants & Homeway First National Real Estate Working Together

On Thursday, July 31st, we repossessed our home back from Perpetual Limited, to have this matter fully heard in the Supreme Court. Within 15 minutes, the same two staff members came on to our property and demanded to know what was going on. They claimed to have been instructed by the bank to keep an eye on things. Hopefully, Krys (Krystyna) Yard and Bill Austin will read this any day now. Remember this you two - there were 3 other people present who heard the whole conversation (remember the locksmiths you grilled when you first arrived? Need I say more!!!). You will more then likely get to have your say when we reach the High Court!

Anyway, back to the matter at hand. So we take back our home, due to the Judgment not correct.

You will see below, we ended up talking to the Duty Judge about all this. The Plantiffs Solicitor (Claire Shidiak), acting for Perpetual Limited claimed to have not had any knowledge of Homeway First National Real Estate putting these signs up in the front windows of our home? Well, later on (Tuesday, August 19th to be exact), the Judge ordered that we be given copies of the Judgments and all evidence that the Plantiff had as its defense. This was the first time we had seen any of these documents. Gee wiz… it must be really hard to keep the defendants in the loop of these matters!

Click The Link Below (Oh Dear - what is this we see… Annexure “B” in the Affidavit of Simon John Duke Dated 6 August 2008. It seems very clear in this document that Perpetual, Tagma and Homeway First National Real Estate are one big happy family!). Notice on the 3rd paragraph, Krys (Krystyna) Yard (Licensed Real Estate Agent for Homeway First Nation Real Estate) refers to this notice as “my notices”. Does that mean that Krys (Krystyna) Yard works for Tagma Property Consultants as well, or does she receive instructions from them, without Perpetual Limited knowing anything about this? Does Krys (Krystyna) Yard get a bonus payment for going the extra mile for Tagma Property Consultants and Perpetual Limited? Its getting a little bit messy, don’t you all think?

Oh Look - Tagma - Perpetual - Homeway First National Real Estate - One Big Happy Family

We received another Notice To Vacate on Thursday, August 7th (approx 12 noon), from the Parramatta Sheriff ordering that we Vacate by Thursday, August 14th by 07.30am.

We then attended Level 5 of the Supreme Court on Tuesday, August 12th, 2008. We filed a Notice of Motion requesting a stay on the Writ of Possession, accompanied with our Affidavit. The Duty Registrar gave us a Stay until Thursday, August 21th, 2008.

The very next day, at 12 noon, Dallas received a phone call from the Sheriff letting Dallas know, that he had received new orders to take Possession of the property on Thursday, August 14th by 07.30am as originally planned. Gadens Lawyers had our Stay or Writ vacated.

Dallas then calls the Registrar to find out what was going on. It seems like there are rules for the banks lawyers, and then there are rules for the Free People of this Country. On this day, it seemed like it was all in the banks favour! Dallas arrived at court at or around 2pm to meet the Duty Registrar. She then called Gadens Lawers and they dropped everything to come down to the Court.

We were then asked to speak to the Duty Judge about the issue. The Judge allow a Stay of Writ until Friday, August 15th, 5pm. We attended Court again and the Judge heard from both sides again. We could not reach common ground, because Perpetual Limited refused to agree to our requests to have the sale of our home done in a transparent and ethical manner. The Judge then extended the Stay of Writ until Tuesday, August 19th, 5pm.

At 2pm, we faced the Judge in the Supreme Court to discuss this even further. We requested two things:

1. All the original Judgments and written reasons for the Judgment and;
2. The Original Signed Ink Loan Contract between Perpetual Limited and Dallas & Kerrie Kelso

The Judge ordered that we be given copies of all the Judgments and that we be given ten minutes to read and review. (Gee, a whole Ten Minutes - what a guy).

We took ten minutes and went back into the Court. We said that we needed to have legal advise on these documents, as that was the first time we had seen any of those Judgments (remember the Annexure “B” we refer to in the link above? Well, its seems very clear that Homeway First National Real Estate, Tagma Property Consultants and Perpetual Limited all worked together on this matter). The Judge refused to adjurn the matter and ruled in favour of the Plaintiff, Perpetual Limited.

Naturally, we have filed a Notice of Intention to Appeal, and we are currently going through this process.

The Plaintiff (Perpetual Limited) has had no Contract for Sale of Land or any Real Estate Agency agreement while all the above has been progressing along.

So what’s with all the information above about Homeway First National Real Estate, Tagma Property Consultants and Perpertual Limited you may ask?

GREAT QUESTION… and we are really glad you asked!

Look what we received tonight. We have left all the names and details to preserve the integrity of what we received. Enjoy reading folks! Oh and remember the slogan - First National Real Estate - We Put You First, yer right.

Dallas,

Your website - www.takebackyourhome.com.au - has been brought to my attention this afternoon.

On behalf of First National Real Estate, I request that you immediately remove the references made to First National Real Estate and the suggestion of any association with Tagma Property Consultants.

The assertion that First National has any sort of ’special deal’ with this organisation is absolutely false and, in the context of your website, constitutes defamation.

Should you wish to establish facts, or a better understanding of the mortgagee in possession sale process, I would be more than happy to assist you. My contact details are clearly shown below.

Perpetual (who incidentally are not a bank) has a transparent protocol for dealing with MIP property and this involves seeking competitive proposals from multiple agents located near the property that is subject to a repossession order - just like the process consumers normally use (free and fair competition for the business). Have you spoken to Perpetual for further information?

Although it may “seem” to you that First National gets all the business, this is emphatically not the case. You’ve never noticed the words “Mortgagee in Possession” on any advertisements other than those bearing the First National Real Estate brand?

I’d like to contact you to discuss this matter however your website, strangely, doesn’t offer your contact details. Why is that? You’re quite happy to accept donations to your ’cause’ yet there’s a distinct lack of transparency that I’m sure would interest the Office of Fair Trading, perhaps even the Australian Taxation Office?

Dallas, as sad as the loss of someone’s home is, there is nothing grubby or untoward about the agent’s role. Your website creates a very strong impression that in some way First National Real Estate profits from their loss and is perhaps guilty of facilitating that loss. This organisation is, in fact, a not for profit marketing cooperative that has pledged to raise $3 million dollars to assist Red Cross to set up a disaster preparation, management, and recovery programmes across Australian communities, no doubt like the one you live in. Each of our member offices is independently owned and, as such, cannot be subject to any such arrangement organised at corporate level as is suggested on your website.

I will be re-checking your website in the next 24 hours and, should it be found that the liable comments have not been removed, further action will be taken.

Regards,

Stewart Bunn

Back to the matters above…

If Stewart Bunn wishes to discuss any of these matters, it can be done through the court, as we will be including the Homeway First National Real Estate agency in our matter to be heard in Court. The above is proof enough that all these parties know each other well enough and work together in these matters to help in the process of destroying Australian Families, while helping the banks and mortgage companies to put profit and shareholders above all things.

A message to Stewart Bunn - this is only one example we have. If you like, we can post all the information we have that involved more then just this property. In all cases, First National Real Estate agents were involved in the same matters, on all other examples.

Perhaps Stewart Bunn was not aware of this?

Any other communication that we receive from First National Real Estate, Tagma Property Consultants or Perpetual Limited will be posted on this web site, as we feel it is important to be open and honest with everyone concerned about these matters.

Sincerely,
Dallas & Kerrie Kelso