Tip for Title Insurers

The tip for title insurers is to stop insuring title for Oakland County real estate that has a sheriff deed signed between April 1, 2009-December 31, 2012. Why? Because Oakland County Sheriff Mike Bouchard rigged a contract to go to some of his friends who also happened to be deputies at the Oakland County Sheriff’s Office. This violated Michigan law regarding employee conflict of interest and federal law regarding conspiracy and perjury before a federal judge. The evidence was part of an Oakland County Circuit Court case, New Jerusalem Deliverance Church v. Evangelical Christian Credit Union, case number 11-119411-CH, Judge Daniel Patrick O’Brien presiding. The case is currently on appeal, COA case number 309571.

In summary, New Jerusalem is arguing that the sheriff deed foreclosing upon its Pontiac church building is invalid because the sheriff deed was signed by a special deputy who was not properly appointed by the sheriff.

• The special deputy who signed their sheriff deed was Thomas Rabette, an attorney. Prior to 2009, Rabette served as a marine special deputy.

• In early January 2009, Rabette was the attorney who filed the articles of incorporation for American Process Service, Inc., (APS). John Roehrig was the incorporator, but Rabette’s wife, Judith Boaks, a CPA, was the registered agent for APS.

• Later in January 2009, the contract for civil processing for the sheriff’s office went up for bid. The new company, APS, won the bid.

• Sheriff Bouchard and the chairman of the Oakland County Board of Commissioners in April 2009, Bill Bullard, signed the contract. Usually, for a chairperson to sign a contract on behalf of the entire group of elected officials, the group must vote on the contract. New Jerusalem argued that Michigan’s conflict of interest laws required that the elected officials approve the contract via a 2/3 vote recorded in the minutes of a noticed public meeting. Nowhere in the 2009 minutes of the Oakland County Board of Commissioners is recorded a vote on the civil process servicing contract.

• In 2010, APS submitted an annual report that lists Rabette as the registered agent. In addition to John Roehrig, the annual report also lists Rabette and another Oakland County Sheriff’s Office deputy, Roger St. Jean, as officers of APS.

• Thomas Rabette, his wife Judith Boaks, Roger St. Jean and his wife Linda, and John Roehrig each contributed the statutory maximum to Bouchard’s failed gubernatorial campaign. New Jerusalem argued that these campaign contributions served as pay-to-play for Bouchard rigging the civil process service contract to APS. In total, APS officers contributed $17,000 to Mike Bouchard’s 2010 campaign to become the governor of Michigan.

• New Jerusalem therefore argued before Judge O’Brien and on appeal that, not only did Bouchard and Bullard misappropriate millions in taxpayers’ funds, but that the sheriff deed is invalid because Oakland County’s civil process servicing contract with APS is null and void. By implication, all the Oakland County foreclosure sales since 2009 are invalid if APS employees conducted the sheriff sale.

• New Jerusalem accused Thomas Rabette of committing perjury before federal judge Robert H. Cleland in an affidavit submitted in New Jerusalem’s predecessor federal case, case #10-cv-12566. In Rabette’s affidavit, he said that he was never contemporaneously employed by both the sheriff’s office and American Process Service. Rabette’s affidavit contradicts Bouchard’s April 1, 2009 appointments in which Rabette was appointed both a reserve special deputy employed by the sheriff’s office and a civil process service special deputy employed by American Process Service.

Of course, I wouldn’t expect title insurers to deny insurance coverage for an entire county’s foreclosed properties without proof of the cloud in the chain of titles. Moreover, if title insurers incur any losses due to clouds on title from invalid sheriff deeds, title insurers would need evidence to recover their losses from Rabette’s bond and insurance. 

For a copy of the evidence that is or has been before the courts, title insurers can use the case numbers provided above in order to download the documents from the courts.  Be advised that the courts charge for copies of their documents.  The most complete set of evidence could be found in the Oakland County Circuit Court case.  The link to its website is http://www.oakgov.com/clerkrod/pages/courtexplorer.aspx .  However, Oakland County charges $1.00 per page for court documents.  There are over 300 pages of documents, thus title insurers could pay more than $300 to Oakland County for copies of the documents.  Alternatively, New Jerusalem’s attorney, Arthur C. Kirkland Jr., can provide a digital copy from his work product for $200.  To purchase a copy, please click on the button below.

Title Insurers’ Ebook of Bouchard’s Corruption

Hearing on Evidence that Bouchard & Bullard Misappropriated Oakland County Funds

Pontiac, Michigan – As part of a case to set aside a foreclosure, a Pontiac church submitted evidence to Oakland County Circuit Judge Daniel Patrick O’Brien that Sheriff Mike Bouchard and former Oakland County Board of Commissioners Chairperson Bill Bullard Jr. signed a controversial contract without the approval of the Board of Commissioners. As a result, since April 2009, more than $2.8 million in Oakland County taxpayer funds have been going to American Process Service Inc., without lawful authorization. Bill Bullard Jr. is now the Oakland County Clerk and Register of Deeds.

The news about Bouchard and Bullard’s misappropriation of taxpayer funds was first reported on WCHB talk radio journalist Mildred Gaddis’ Morning Show on January 26, 2012. See the write-up of Attorney Arthur C. Kirkland’s interview on the Mildred Gaddis show at http://wchbnewsdetroit.com/detroit/mildredgaddis/public-corruption-in-the-oakland-county-sheriff%E2%80%99s-office-exposed-by-foreclosure-case/

On February 15, 2012 at 8:30 a.m. EST, Judge Daniel Patrick O’Brien will be ruling on the evidence that Sheriff Mike Bouchard and others violated laws that prohibit conflicts of interest, contract bid rigging, pay-to-pay/kickbacks, perjury, misconduct in office, and now, misappropriation of taxpayer funds. This evidence was filed on January 25-27, 2012 in New Jerusalem Deliverance Church v. Evangelical Christian Credit Union, case number 11-119411-CH. The public is invited to attend the hearing that will be held at the Oakland County Circuit Courthouse, 1200 North Telegraph, in Pontiac, Michigan.

Copies of the documents supporting New Jerusalem’s allegations of public corruption are published on http://www.docstoc.com. For more information, please contact Anita Belle, legal assistant to New Jerusalem’s attorney Arthur C. Kirkland Jr., at 313-740-4644.

Corruption in Oakland County Sheriff’s Office Exposed by Church Foreclosure Case

Pontiac, Michigan – Although bad things can happen to good people, Melanie Rutherford is outraged about how corruption in the Oakland County Sheriff’s Office that has impacted Bishop Robert E. Joyce’s church.

“Our church is not just another church in the black community. Life Worship and Training Center is the cornerstone of the community!” she explains.

Melanie then recounts how Bishop Joyce, who is also the senior chaplain for the Detroit Pistons, led marches that closed 27 crack houses in the community. Rutherford asks, “Would the pastor of any other church take his life into his own hands like that? How dangerous would Pontiac if Bishop Joyce’s church is foreclosed out of this building?”

However, while fighting the foreclosure of his church, Bishop Joyce is again rooting out crime in his community by asking Oakland County Circuit Judge Daniel Patrick O’Brien to set aside the sheriff sale because of corruption in the Oakland County Sheriff’s Office.

In Oakland County Circuit Court case number 11-119411-CH, New Jerusalem Deliverance Church challenges that the sheriff foreclosure deed signed by Oakland County special deputy Thomas Rabette is invalid. New Jerusalem alleges that:

· On 12/29/2008, Bouchard appointed Thomas Rabette as a marine special deputy.

· On 1/6/2009, Thomas Rabette, who is an attorney, transmitted the Articles of Incorporation for American Process Service Inc. to the State of Michigan Corporations’ division.

· On 1/26/2009, the Michigan Inter-Governmental Trade Network (MITN) published bidding on the civil process service contract for the Oakland County Sheriff’s Office.

· The newly-incorporated American Process Service Inc. is awarded the civil process service contract on 4/1/2009. The contract is worth at least $800,000 a year.

· On 4/1/2009, the same day that Bouchard appointed Rabette as a reserve special deputy employed by the Sheriff’s Office, Bouchard also appointed Rabette a civil process service special deputy employed by American Process Service. This violated MCL 15.321et seq., particularly MCL 15.327 that makes it a misdemeanor to violate the public servant conflict of interest statutes. New Jerusalem alleges that if it is a misdemeanor for the public servant to have a conflict of interest, then Bouchard’s appointment of Rabette is invalid and the sheriff deed signed by Rabette is also invalid.

· In 2010, American Process Service filed its annual report with the State of Michigan, listing Thomas Rabette, Roger St. Jean, and John Roehrig as the corporate officers. (In addition to Rabette, there is a pattern of conflict-of-interest corruption because Roger St. Jean, Mike Bouchard’s longtime close friend and personal driver, is another American Process Service corporate officer who is also employed with the Oakland County Sheriff’s Office.)

· In 2009 and 2010, all of American Process Service’s corporate officers, and their wives, made the maximum allowable contributions to Bouchard’s campaign for governor.

· On 2/1/2011, as part of a federal motion, Rabette committed perjury by stating he was never employed at the same time by both the Oakland County Sheriff’s Office and American Process Service Inc. This affidavit is contradicted by Bouchard’s documented appointments and Rabette’s oaths of office.

Evidence of the above allegations was filed in the New Jerusalem case on 12/27/2011. New Jerusalem will be defending these allegations at a hearing at 8:30 a.m. on January 18, 2012 before Oakland County Circuit Judge Daniel Patrick O’Brien.

New Jerusalem believes that all citizens of Oakland County, including those going through foreclosure, deserve honest government. The sheriff, who is the chief law enforcement officer of the county, cannot be above the law.

The New Jerusalem foreclosure case should not be over-simplified as another deadbeat debtor using or abusing legal loopholes to avoid eviction. The plight of New Jerusalem’s foreclosure is bigger than another class struggle between the haves and the have-nots. To dismiss, wink at, or tolerate deputies’ crimes against the “little guys” in foreclosure gives license for the same deputies to serve and protect themselves rather than the taxpayers who pay their salaries.

For more information, please contact Anita Belle, legal assistant to New Jerusalem’s attorney Arthur Kirkland, at 313-740-4644 or ackirkland.law@gmail.com.

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