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Friday, July 25, 2008 at 10:53AM

Throw Rocks, Glass House

July 25, 2008    from the SD Union-Tribune

When City Attorney Mike Aguirre staged a high-profile press conference this week to announce he was filing a lawsuit against Countrywide Financial, he failed to disclose one relevant fact: On two separate occasions, Aguirre himself defaulted on a $432,000 loan he had from Countrywide on the house he owns on Albatross Street in San Diego.

The second time he defaulted on the loan, Countrywide issued a “notice of trustee sale,” advising Aguirre that his house would be sold at public auction at the San Diego courthouse at 10 a.m. on July 21, 1997, unless he made good on his obligations.

Aguirre received his first notice of default from Countrywide on Jan. 13, 1995, according to documents filed with the San Diego County Assessor/Recorder/Clerk. He was $21,401 in arrears. His second default occurred in March 1997, when he owed $16,742 in overdue payments. In both instances, Aguirre forestalled the foreclosure proceedings initiated by Countrywide by paying the overdue loan amounts.

Asked in a phone interview why he twice defaulted on the loan, Aguirre replied, “Because I didn't make the payments,” but declined to elaborate. He said his decision to sue Countrywide was not influenced by his personal experience with the lender. “I like Countrywide. They were very nice to me,” Aguirre said.

Which raises the question of why Aguirre accused Countrywide in his lawsuit of “engaging in a pattern of unlawful, fraudulent or unfair predatory real estate lending practices...” Meantime, he announced his intention to sue other major lenders in San Diego, including Wells Fargo Bank, Washington Mutual and Wachovia.

hat tip to shadash for passing this along

Posted on Friday, July 25, 2008 at 10:53AM by Registered CommenterJim the Realtor | Comments15 Comments

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Reader Comments (15)

Albatross Street. you can't make this stuff up.

July 25, 2008 | Unregistered CommenterRob Dawg

It gets better - he refinanced with IndyMac, who already stopped all of their foreclosure proceedings. Think he's paying now?

July 25, 2008 | Registered CommenterJim the Realtor

Wow, this guy is really insane.

July 25, 2008 | Unregistered CommenterTodd

"It gets better - he refinanced with IndyMac, who already stopped all of their foreclosure proceedings. Think he's paying now?"


Are we Americans quick to elect financially irresponsible people because a majority of us are financially irresponsible? Or, do we just not don't pay attention, and elect financially irresponsible (or corrupt) politicians and end up with a financially irresponsible government as a result?

Both?

July 25, 2008 | Unregistered CommenterSmithers

He's suing them all right? So whether he had an "incident" with Countrywide is really pretty much irrelevant isn't it? Bah, what do I care? Aquirre is screwing with the public all the time, why not take a shot at him if you find one.

July 25, 2008 | Unregistered Commenterlurker

A conflict of interest is a situation in which someone in a position of trust, such as a lawyer, insurance adjuster, a politician, executive or director of a corporation or a medical research scientist or physician, has competing professional or personal interests. Such competing interests can make it difficult to fulfill his or her duties impartially. A conflict of interest exists even if no unethical or improper act results from it. A conflict of interest can create an appearance of impropriety that can undermine confidence in the person, profession, or court system. A conflict can be mitigated by third party verification or third party evaluation noted below—but it still exists.

More generally, conflict of interest can be defined as any situation in which an individual or corporation (either private or governmental) is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit.

July 25, 2008 | Unregistered Commentershadash

It can't really be Albatross Street. It just can't.

July 25, 2008 | Unregistered CommenterLionel

Jim, love the picture you chose. That just says it all.

July 25, 2008 | Unregistered CommenterThe Blur

It says a lot about the voters of San Diego that this schmuck is an elected official. The lack of leadership and integrity all throughout the city government is amazing. Coming from Chicago, I can take a little corruption now and then as long as the city works. It doesn't seem like anything gets done in San Diego. Take away the ocean and San Diego has about as much to offer as Bakersfield.

July 25, 2008 | Unregistered CommenterJMD

JMD:

Yeah, take away the beach, the perfect weather, the clean air, the mountains, sea world, world class zoo, wild animal park, universities, and your right - we are pretty much bakersfield.

July 25, 2008 | Unregistered CommenterTodd

Todd,

In your post I believe "your" should be "you are". Perhaps you should go back to one of those universities that have been so instrumental in your life. Was it San Diego State - party capital of the University system? The greatness of a university is measured by the knowledge imparted to the students.

Clearly the City Attorney should excuse himself from this legal action.

July 25, 2008 | Unregistered Commenterbuck

What a sleazeball, another typical attorney. We know what Shakespear(sp) said.

July 26, 2008 | Unregistered CommenterHangtown

Todd,

I love the clean air comment. That's why we evacuated last October.as the ashes dropped over the entire county. Love that clean air!

The "world clas zoo" (whatever that entails) is gross IMO, and the Wild Animal Park is even worse and over 100 degrees for 8 months of the year. Went to each once. Never again. That and Sea World are considered culture in San Diego. Seems to be a connection with animals as to the top draws.

Once again, San Diego without an ocean next door is on par with Peoria. Although Peoria has a lot more industry and hard working people.

July 26, 2008 | Unregistered CommenterJMD

JMD, or should I call you Flame? What's your beef with San Diego?

Wow, during one of the worst wild fires the state has seen in the past 50 years, the air quality sucked? Stop the presses!

Other random things you may not know about our region.

San Diego is a world leader in BioTechnology, has the largest naval fleet in the world, is always one of the top ranked "wired" cities in the country and has nearly 100 golf courses.

UCSD, a school few outside of California realize even exists, is one of the top schools in the country. UCSD:

Has five Nobel Laureates on its faculty.
Ranks seventh in the country in the number of National Academy of Science members.
Has one of the nation's highest percentages of faculty elected to the prestigious national academies.
Is sixth in the nation and first in the University of California system in federal R&D funding ($461 million in '99-00).
Accounts for almost four times the national average of NIH grant dollars per capita.
Is home to one of the nation's two national supercomputing centers.
Ranks 10th in the USA in the excellence of its graduate programs and the quality of its faculty (the only in the top 10 that was founded in the last century).
Ranked 7th of all public universities in the U.S by US News and World Report.

I'm sure Cal State Bakersfield has equal credentials.

And if you want to compare it to Bakersfield, do some research, Wikipedia makes it easy. Months where the average high temperature is over 90° in Bakersfield: 3. Months where the average high temperature is over 76° in San Diego: 0.

If you had read the Wikipedia page on Bakersfield, you'll see that Bakersfield is one of the lowest college-educated cities in the nation. Ouch...

And are you serious about Peoria? I've been there for work my company does with Caterpillar, and I don't think I remembered anything about it by the time my return flight was over Denver.

July 27, 2008 | Unregistered CommenterSantaFeHills

This is what you get when someone who has never been to either San Diego or Bakersfield compares the two.

Bakersfield is worse than Fresno. Ponder this for a while. You'll get it.

--Shannon

July 29, 2008 | Unregistered CommenterShannon

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