The purchase of the domain was never mentioned in any conversation by either party until after I received this agreement. At that same time I was actually searching for a possible buyer for LoanSafe.org. I mentioned this to Micheal Leonard on the phone and he said that his client, First American was interested and to send him a proposal via email.

Now, they are claiming that I am trying to extort them for money!

ATTENTION Fricken Fortune 101 internet idiots: The value is not in the domain. It’s the content, 16,000 members, good will, traffic (hundreds of thousands) I produce via search engine optimization and social media every month. 

The domain name might be worth $10,000 now. (After I built the name is Google). Heck, when I bought the URL in June of 2007 it was only $9.

I really think this Michale Leonard is just a scum bag lawyer looking to garnish some legal fees. The sad fact is that he will HURT his client in the PR area in every which way by going after me in light of their lies.

Hell, at least the lawyers will get rich. Welcome to American business. Maybe that is why our economy is so F’d up!

Read it for yourself……

THIS AGREEMENT (”Agreement”), effective as of  ____________ 2009 (the “Effective Date”), is made by and between First American CoreLogic, Inc. (”hereinafter FIRST AMERICAN”), a Delaware Corporation having an address at 4 First American Way, Santa Ana, California 92707 and Moe Bedard (“BEDARD”), a resident of California having an address of     ; (collectively, the “Parties”).
            Whereas FIRST AMERICAN is the owner of all right, title and interest in and to the trademarks LOANSAFE, which is the subject of United States Trademark Registration No. 3,339,180 and LOANSAFE RDS, which is the subject of allowed United States Trademark Application No. 77/230,614, both marks covering and used in connection with goods/services related to assessment, analysis and/or valuation of a loan or a loan application (hereinafter referred to as “the LOANSAFE Marks”)
            Whereas, BEDARD is the owner of domain names registrations for loansafe.org and loansafesolutions.com;
            WHEREAS, FIRST AMERICAN has objected to BEDARD’S use and registration of the loansafe.org and loansafesolutions.com domain names and assorted web content based upon its trademark rights to the LOANSAFE Marks; and 
            WHEREAS, the parties wish to settle this matter as hereinafter set forth; 
            NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual promises, warranties and covenants contained in this Agreement, and the above recitals, which are incorporated in the operative terms of this Agreement by reference and intending to be legally bound, the parties agree as follows
            1 BEDARD acknowledges FIRST AMERICAN’S ownership of and exclusive right to use and register the LOANSAFE marks and agrees that the LOANSAFE Marks as forth in the aforementioned registration and application are valid and subsisting. 
            2. BEDARD warrants that he is the owner of and possesses administrative control over the loansafe.org and loansafesolutions.com domain name registrations and the content posted thereto.
            3. BEDARD agrees to immediately cease use of the domain name loansafesolutions.com, except as a link to another website hosted by a domain name that does not consist of or incorporate the term “LOANSAFE” or any other confusingly similar term, spelling and/or derivation thereof or offer, advertise, sell or provide goods or services related to the assessment, analysis and/or valuation of a loan or a loan application.  BEDARD further agrees that he and any other entity, organization owned by him, associated and/or affiliated with him or otherwise under his control or direction will not use, register or otherwise acquire any future domain name consisting of or incorporating the term “LOANSAFE” or any other confusingly similar term, spelling and/or derivation thereof.  
            4. BEDARD agrees that he and any other entity, organization owned by him, associated and/or affiliated with him or otherwise under his control or direction will not use and/or seek registration of any trademark, service mark, trade name, sponsored link, key word or ad word consisting of or incorporating “LOANSAFE” or any other confusingly similar term, spelling and/or derivation thereof.  
            5. Within ten (10) days of the execution date of this Agreement, BEDARD will alter his use of the loansafe.org website as follows:
      (a) all use of LOANSAFE appearing without the .ORG top level domain name on the web site will be altered to appear as Loansafe.org, SafeLoan, AttorneySafe or another term that does not consist of or incorporate LOANSAFE and is not confusingly similar to or is a derivation thereof;
       (b)  no content appearing on the loansafe.org web site will use the stand-alone term LOANSAFE or any other confusingly similar term, spelling and/or derivation thereof; and
      (c) all use of loansafe.org will be uniform in that the colors and font of the letters making up the loansafe.org term shall be consistent and not used to draw attention to or otherwise enhance one or more component of the loansafe.org term over the other.
            6. BEDARD will not use the loansafe.org domain name to host content that offers, advertises, sells and/or provides any goods and/or services related to the assessment, analysis and/or valuation of a loan or a loan application.  By way of example, the offering for sale of a downloadable software product that can be directly accessed from the loansafe.org web site that undertakes the assessment, analysis and/or valuation of a loan or a loan application would violate the terms of this agreement, while a link to a third party site featuring a downloadable software product unrelated to the assessment, analysis and/or valuation of a loan or a loan application would not result in a violation of the terms of this Agreement.  
            7. BEDARD agrees not to post on the loansafe.org web site any links to any site which provides any commercially available products/services related to the assessment, analysis and/or valuation of a loan or a loan application.  Nothing in this Agreement shall be construed as preventing BEDARD from posting links to web sites used by attorneys or law firms engaged in loan modification services.

 
        8. BEDARD will not, either directly or indirectly, assist third parties to oppose, petition to cancel, object to or otherwise interfere with FIRST AMERICAN’S use or registration of the LOANSAFE Marks or any other marks consisting of or incorporating the LOANSAFE term.
            9. In the event BEDARD seeks to effect the transfer, assignment and/or sale of the loansafe.org and/or loansafesolutions.com domain name(s) to a third party, he will provide FIRST AMERICAN with ten (“10”) days written notice of his intent to undertake such a transaction and FIRST AMERICAN shall have the first right to purchase or otherwise acquire the domain name(s) at issue, at the same price and on the same terms to be paid by such third party.  In the event the FIRST AMERICAN informs BEDARD in writing that it elects not to acquire the loansafe.org and/or loansafesolutions.com domain name(s), BEDARD may move forward with closing the transaction with the third party during the ninety day period following the date of the sale notice to FIRST AMERICAN, on terms no less favorable than those offered to FIRST AMERICAN.  In the event that the proposed transaction does not close within such ninety day period or the proposed terms become less favorable than those offered to First American, BEDARD must again provide notice to FIRST AMERICAN and an opportunity for FIRST AMERICAN to acquire the interest. 
            10. Upon BEDARD’S complete compliance with the terms of this Agreement, FIRST AMERICAN will release and discharge BEDARD from any and all actions (including any domain name or trademark infringement actions), suits, claims, demands or liabilities, which FIRST AMERICAN ever had, presently has or now claims to have against BEDARD as a result of his use of the loansafe.org and loansafesolutions.com domain names.

            11. BEDARD acknowledges and agrees that any breach of this Agreement by him would result in irreparable harm to FIRST AMERICAN.  Accordingly, BEDARD agrees that if he breaches any section of this Agreement, FIRST AMERICAN shall be entitled, in addition to other remedies available to it, to an injunction to be issued by the United States District Court for the Central District of California restraining BEDARD from committing or continuing any breach of this Agreement, without the need for posting any bond or any other undertaking and without opposition by BEDARD to such remedies or relief.  Furthermore, if BEDARD is found to have breached any provision of this Agreement by a court of law, BEDARD shall transfer ownership of the loansafe.org and loansafesolutions.com domain names to FIRST AMERICAN.
 

            12. The Parties hereto agree to keep the existence of this Agreement and its terms and provisions confidential and will only disclose the same in the context of a dispute between them or if compelled by law or judicial process to do so, provided that, in the event of disclosure, each Party shall use its best efforts to make such disclosure under the terms of a protective order or confidentiality agreement prohibiting further disclosure of the relevant information and materials. 
            13. The Agreement shall be binding on upon and inure to the benefit of the Parties and their respective parent, subsidiaries, licensees, successors, assigns, and all others acting on behalf of, through or in privity with them.
            14. This Agreement is made under, and shall be interpreted in accordance with, California Law.  .  The Parties consent to the exclusive jurisdiction of the Superior Court of California, County of Orange and/or the United States District Court for the Central District of California, Southern Division, either of which shall be the exclusive forum in which any legal action arising out of or in connection with this Agreement may be initiated and prosecuted to final judgment, and the Parties waive all challenges to venue.  In any action to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other legal or equitable relief to which it may be entitled. 
            15. This Agreement may be executed in two or more counterparts, including by facsimile signature, each of which shall be deemed an original but all of which taken together shall constitute one and the same instrument.
            16. Any written communications between the Parties shall, at a minimum, be conveyed as follows via reputable overnight service:
            To FIRST AMERICAN   With a copy to:
            Rouz Tabaddor, Esq.   Michael J. Leonard, Esq.

            First American CoreLogic, Inc. Pepper Hamilton LLP

      4 First American Way   3000 Two Logan Square

      Santa Ana, California 92707  Eighteenth and Arch Streets

                                          Philadelphia, PA 19103-2799
 
      To BEDARD    With a copy to:
            Moe Bedard    Mark N. Zanides, Esq.

The Law Offices of Mark N. Zanides
250 North Golden Circle, Suite 110
Santa Ana, Ca. 92705
            17. This Agreement comprises the entire understanding of the Parties with respect to the subject matter hereof.  If any provision of this Agreement is found by a court to be void or unenforceable, this shall not affect the validity of the remaining provisions of the Agreement. 

 
        18. The Parties hereto covenant and agree to renegotiate any such term, covenant or application thereof in good faith in order to provide a reasonably acceptable alternative to the term, covenant or condition of this Agreement or the application thereof that is void or unenforceable, it being the intent of the Parties that the basic purposes of this Agreement are to be effectuated.
            IN WITNESS WHEREOF, and intending to be legally bound, the Parties have caused this Agreement to be executed as of the day and year set forth below.
 
 
MOE BEDARD    FIRST AMERICAN CORELOGIC, INC
 
                                    Name:     

                                    Title:     

Date:      Date:

Email on March 18th from First Americans legal counsel.

———- Forwarded message ———-
From: Leonard, Michael J. <leonardm@pepperlaw.com>
Date: Wed, Mar 18, 2009 at 2:41 PM
Subject: RE: Loansafe Solutions
To: xxxxxlaw.com>

 

Hi Mark,
 
Thanks for your correspondence.  It looks like we are very close here.  Please see my specific comments as set forth below. 
 
            Within 120 days of any agreement, LoanSafe Solutions will change its name, discontinue all use of terms incorporating LoanSafe Solutions and remove all content from the loansafesolutions.com web site.  My client will agree that any new corporate name(s) it adopts will not include the LOAN and SAFE terms.    
 
MJL:   First American is requesting a 90 day phase-out period.  

         
           Administrative and ownership rights to the loansafesolutions.com domain name will remain with my client, but the site will not be used and shall remain dead.
  
 
MJL:  Agreed.
  
          First American will not object to or otherwise challenge my client’s use of the loansafe.org domain name as a forum for information about current events, so long as it does not have any direct links to Loan Safe Solutions (or its new name).   The parties expressly agree that the loansafe.org website may continue to have advertising, banners and or other links to other sites, including service providers such as lawyers and accountants or to lists of various services providers, so long as they are not directed to any entity or website bearing the names “Loan” and “Safe”.   
 
MJL:  Agreed.  However, First American wants  any Agreement to include language making it clear that loansafe.org will only be used  in connection with referral/advertising services and/or providing “free” information regarding “loan modification”.   If loansafe.org is used to provide any commercial services directly related to the assessment or analysis of loan applications, such activity will be considered to be a violation of the agreement and will subject your client to payment of First American’s attorneys’ fees if it is required to pursue the matter to judgment in a court of law.  By way of example, a banner for a law firm engaged in loan modification services would not be a violation.  A link to a proprietary loan modification software tool offered by your client would be a violation of this Agreement. 

 
          My client will agree that news column labeled “Loan Safe Reports” contained in the loansafe.org website will be renamed within 30 days of any agreement so that it does not have both the terms “Loan” and “Safe.”  The parties expressly agree that otherwise the nature and content of the column may remain the same
 
MJL:    Agreed.
          My client will agree not to use or seek registration of any other trademark/service mark, company/trade name or domain name consisting of or incorporating First American’s registered LOANSAFE trademark.
 
MJL:    Agreed.

         
          Each side will bear its own costs.
 
 
MJL:    Agreed.
 
We have one additional term to add in that we will require the removal of the logo/wording “THE LOANSAFE NETWORK” from the loansafe.org web site.  Please confirm this is not a problem
 
As soon as I receive your confirmation that the following terms are acceptable, I can begin drafting a suitable Agreement.  If we need to have a further discussion, please let me know.
 
Regards,
Mike
 
Michael J. Leonard
Attorney at Law
Pepper Hamilton LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
215.981.4547 (direct)
215.689.4602 (direct fax)
leonardm@pepperlaw.com

My attorneys original email to First American’s legal counsel that garnished the response above.

xxxxxxlaw.com]
Sent: Monday, March 16, 2009 1:48 PM
To:Leonard, Michael J.
Cc: xxxxx; Moe
Subject: Loansafe Solutions

- Show quoted text -

Dear Mike:
 
Further to our conversation of last Thursday, I have had the opportunity to consult my client and discuss the matter further with Neil.

 
My client is prepared to enter into a settlement along the following lines.
 
 
Confidential Settlement Proposal
March 16, 2009
 
            Within 120 days of any agreement, LoanSafe Solutions will change its name, discontinue all use of terms incorporating LoanSafe Solutions and remove all content from the loansafesolutions.com web site.  My client will agree that any new corporate name(s) it adopts will not include the LOAN and SAFE terms.
         
           Administrative and ownership rights to the loansafesolutions.com domain name will remain with my client, but the site will not be used and shall remain dead.
  
          First American will not object to or otherwise challenge my client’s use of the loansafe.org domain name as a forum for information about current events, so long as it does not have any direct links to Loan Safe Solutions (or its new name).   The parties expressly agree that the loansafe.org website may continue to have advertising, banners and or other links to other sites, including service providers such as lawyers and accountants or to lists of various services providers, so long as they are not directed to any entity or website bearing the names “Loan” and “Safe”.
 
          My client will agree that news column labeled “Loan Safe Reports” contained in the loansafe.org website will be renamed within 30 days of any agreement so that it does not have both the terms “Loan” and “Safe.”  The parties expressly agree that otherwise the nature and content of the column may remain the same
.
          My client will agree not to use or seek registration of any other trademark/service mark, company/trade name or domain name consisting of or incorporating First American’s registered LOANSAFE trademark.
         
          Each side will bear its own costs.
 
          I am in the air today, and will be on the East Coast all week, but available by cell phone and email.
 
Please advise.
 
          Mark

I contacted them, agreed and shut down my company Loan Safe Solutions Inc. Dozens of people endedup losing their jobs. I suffered backlash from all angles of the business spectrum. (ex-employees, internet haters etc.) I then deleted the content and the domain expired at www.LoanSafeSolutions.com (website is gone). The corporation is dissolved and now they are trying to steal my forum from me and the thousands of homeowners it helps daily.

LoanSafe.org is clearly used in a non commercial manner and always has been. I have very few advertisements for attorneys to help struggling homeowners with their home loans.

———- Forwarded message ———-
From: Leonard, Michael J. <leonardm@pepperlaw.com>
Date: Wed, Mar 4, 2009 at 8:47 AM
Subject: RE: Loan Safe Solutions/First American Corelogic — LOANSAFE
xxxxxxx.com
Cc: xxxxxxxlaw.com, “Tabaddor, Rouz” <rtabaddor@firstam.com>
FOR SETTLEMENT PURPOSES ONLY

Hi Neil.

Thank you for your e-mail and for taking the time to discuss with us a potential resolution to this matter.
First American has requested that I advise that in exchange for releasing your client from any trademark and/or unfair competition claims/liability, it is willing to resolve this matter based upon the following broad terms:

-     Within 60 days of any agreement, LoanSafe Solutions will change its name, discontinue all use of LoanSafe Solutions and remove all content from the loansafesolutions.com web site.  Your client will need to agree that any new corporate name(s) it adopts will not include the LOAN and SAFE terms.

-     Upon completion of the corporate name change and transfer of the administrative and ownership rights to the loansafesolutions.com domain name, First American will compensate your client $500 for the maintenance and upkeep of the subject domain name.

-     First American will not object to or otherwise challenge your client’s right to use the loansafe.org domain name on the condition that your client agree that the loansafe.org domain name will always and only be used in a non-commercial manner. 

-     Any agreement for the resolution of this matter will also need to include a term whereby your client agrees not to use or seek registration of any other trademark/service mark, company/trade name or domain name consisting of or incorporating First American’s registered LOANSAFE trademark.
Should your client be willing to settle this matter as set forth above, we ask that you contact us by Monday, 9 March 2009.  Absent your client’s willingness to proceed as requested, First American will be forced to consider other options and remedies for securing the termination of your client’s use of the LoanSafe Solutions name and loansafesolutions.com domain name.

Please contact me with any questions.

Regards,

Mike
 
Michael J. Leonard
Attorney at Law
Pepper Hamilton LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
215.981.4547 (direct)
215.689.4602 (direct fax)
leonardm@pepperlaw.com

Welcome to my brand new blog that I have dedicated to chronicle and report on the shady business practices of  the real estate and home loan industry.

A few companies that you will be hearing A LOT about are First American Title, Bank of America, Countrywide Home Loans and many other major players in the economic collapse of America.

You will get to know their CEO’s and the executives that have turned a blind eye to struggling homeowners who they have made trillions off of.

I am really pissed off at First American Title and their lawyers because they have acted in bad faith and are attempting to hijack my domain, www.LoanSafe.org because of trademark issues. This website has helped hundreds of thousands of homeowners and continues to do so daily.

First American wants to shut the website down Friday June 5, 2009.

So, I have decided to fight fire with fire. The internet is the great equalizer and these idiots do not know social media and the power that it yields power to expose and shine lights on their shady business practices.

I started a website via my first amendment rights to chronicle every lawsuit, bad press and fact that I have on the worlds largest Title company at www.FirstAmericanSucks.com .

They want to fight, lets FIGHT!!

My whole story will be posted on here as well as many other stories of lies and hypocrisy. I will utilize my right to free speech, social media and search engine optimization to fight these billion dollar Goliaths.

My facts, research, bad press, lawsuits and the truth will expose the home loan industry for who they truly are……..