Kayden Kross Official Blog: Gossip @ Kayden Kross's Official Site

Tuesday, July 7, 2009

Gossip

The one thing I’ve found to be a constant in this world is that people will believe what they want to believe and there’s not a thing you can do about it past your first appeal to reason or emotion. The other thing I’ve found to be a constant is that when Mike wants you to do something you might as well just do it because he’s tireless and won’t give up until he gets his way. Ok. Mike wants me to blog. I’m blogging.

At first he asked nicely. Then he mentioned that someone thought I owed it to him. Then he asked nicely in a text. Then he told me to read one of the many many gossip sites that seems to think my case is the most sensational thing since Jenna decided to stop spreading her legs. Possibly even more sensational. These things are hard to measure. Anyhoo, considering Mike knows I’ve shut out gossip sites altogether, with his blessing no less, the fact that he sent me to a blog that he knows without a doubt doesn’t have a shred of truth to it and was written by a person he thinks is downright retarded leads me to believe that he wanted me to touch on the subject. I’m touching.

Ok so the sensational version of what happened goes like this: A 20 year old stripper defrauded an innocent couple and her mortgage broker for a six figure dollar amount and was so savvy about it that even though she got caught, she was only sentenced to a day in jail. Please. I’m a pornstar. If I had stolen a six figure dollar amount and pled out to it they would have given me the maximum time allowable. 1 day in jail is below the minimum sentence. I haven’t been sentenced to any days in jail anyway. Someone misread the report. The day in jail is in reference to when I was arrested and posted bail. I served my ‘day’ in jail back in August, and it was more like a night. I was home in time for Taco Bell’s fourth meal.

The dollar amount in question was a grand total of $15,000. Not $150,000. I received it in the form of a check from the mortgage broker. Yeah the dude who is mad that he got pulled into this. The one who also made it a point to hit the gossip sites. The one who’s bail was more than double mine, who is still in court over this whole deal, and is facing a lot more crap than I was both on this case and on others that I wasn’t even involved with. Did I mention he’s not actually a mortgage broker? I just found out a couple of months ago. His business cards say it though. But to verify any of that information you’ll have to go through his lawyer/mom.

I never met the first investigator that I’m being told I was fucking. I was living in San Diego during the investigation and was oblivious to the fact that it was even going on. The first investigator decided I was just a naive 20 year old and through some series of events that I know nothing about it ended up in the hands of a second person. The grand theft charge ultimately rested on how I spent that money. If I spent it on frivolous bullshit, then I stole it, and if I spent it on the property in question, then I didn’t have the intent to defraud. Well that second investigator checked one of my bank accounts and decided I didn’t spend it on anything, therefore it was stolen. Nevermind that the account he checked was a CD and had no debits against it whatsoever. Once my lawyer asked for proof of payments made on the property I was able to show him not one, but four different ways that I had made payments on the property.

It’s complicated, but here’s the gist of it: the ‘victims’ took out a HELOC on their home right about the time I was shopping to refinance my own home. I was using Tim Hogue as my mortgage ‘lender’ (turns out he’s not a lender either but he did find some interesting ways to make use of my social security number). A few months go by and Hogue tells me he can’t find a better deal for my house but he has a good real estate investment offer for me. There is a couple in foreclosure (yeah they took out a HELOC and didn’t make a single payment on it before defaulting) who needs someone to buy their house from them and lease it back to them until they could afford to buy it again. If I buy it, some of the equity goes into the “broker’s” account, the broker takes his commission and sends me a check to cover the difference between what the tenants are paying in rent vs. what I’m paying on the mortgage. I make money on the back end when I sell it back to them because I’ve put nothing down, it’s just resting on my credit for a couple of years.

I had one of those gut feelings that tell you to run the other way but I passed it off as nerves and went for it anyway. The few people I explained it to said it sounded like a good idea and popular thinking of the time (early 2006) was that California real estate could never be a bad investment. Maybe you remember that. I didn’t know anything about real estate and apparently neither did they. A week after I signed for the loan I got my check and my stomach fell to the floor. The check was for half the amount it was supposed to be. I couldn’t afford my own mortgage at that time much less a gap on a rental property. The next day I went over to the tenant’s house and told them what happened. As it turned out, their check was for a lot less than they had been promised as well. And not a single contract had been written.

Scott Henley “the broker” then of course told them it was all my fault and catered to them hand and foot as I tried to find a way to get rid of the properties before I ran out of money and they kept threatening to call the police. I signed the title of their house as well as my own to the first person who would take them and walked. This was after I asked them to find a way to buy the house back, and after I asked Scott to find a way to put the house in his name instead. Both parties declined, which makes sense considering I had overpaid for the house and couldn’t possibly sell it for what I actually paid for it. Maybe you’re familiar with the I-overpaid-for-my-house-in-a-declining-market story. Scott had insisted on using his own appraiser and that’s why there was equity “left over” to be transferred to Scott’s account.

Fast forward three years and I can prove that I didn’t steal anything, but I can’t defend myself against the second charge because it’s a non liability crime, which means it doesn’t matter whether I intended to do it or not or whether I even knew I was doing it. It’s a specific law in the California code that states that in certain types of foreclosures the buyer has to fill out a contract with the seller, and I didn’t do that. I pled out. My lawyer was costing me a fortune and they’re right, I’m guilty of not filling out a contract in one clusterfuck of a situation that I regretted long before all of this started. And yes I’m the first person to ever be prosecuted for it in Sacramento. The end. Someone make a porn out of it. You won’t have to work to hard at figuring out where the sex scenes might get thrown in. The gossip sites sure haven’t had to.

posted by Kayden Kross on 10:06 AM :: 7 comments

7 Comments:

Thanks for posting this Kayden. It is certainly somthing that you did not have explain to us. You were duped by a crooked "broker" and got into a shitload of problems. Hope it is over for you now.

BTW, I almost got myself involved in something similar a couple of years ago. Luck for me I decided against it.

By Carl, at July 7, 2009 1:10 PM

Kayden, thank you for telling us something that ought to be private and, anyway, has been resolved- to a point. I'm not sure I follow all you talk about but then it's American Real Estate and American Law; similar to here, perhaps,but different too.

We all make bad financial decisions, overlook contracts, don't sign anything and get duped by the `experts` we, often, have to trust because we- supposedly- don't know what they know. Even if it doesn't go to the law court.

I've lost shares with no comeback, had trouble with my mortgage twice and lost money through bad advice and was ripped off by a roof contractor; all people I trusted or sourced via professional bodies, all who took the money, blamed me in some way, and ran.

As far as your situation is concerned, I don't live in the USA and don't read gossip columns here or there, or on line. It's all crap and/ or half-truth.

By Firewall, at July 7, 2009 2:52 PM

Fuck Scott Henley. He will get his due.
I hope this is like a closure for you and am glad that you discussed it. All the gossip on the internet was so full of crap and sometimes hard feelings against you, totally unwarranted. Frankly, I couldn't read it as I knew the gossip was shit.
I like the way you handled this. Is always best to have some type of closure in your life if something important ends and something new is beginning.
Is toughest in a personal relationship, when two people are close and find themselves moving away from one another and going different directions. Or in your career if you ever part from it.
I hope you do not have any tough breakups in your life, but if ever happens, and if you handle it like you did today, will serve you well, as closure is very important, and if not, unnecessary baggage to carry around.
We love you and are your brothers. Some of us would die for you. Thanks for sharing with us. Glenn

By Glenn, at July 7, 2009 2:56 PM

One more thing, you were very young to be taking financial decisions, and I mean that respectfully, because it's easy for older business savy people to see you and take advantage; the same was true for me, really. It's also easy, and wrong, for people to note you are a porn-star and imagine all kinds of fanciful crap.And it wasn't fair that you had to cop a plea because the system could niether prove nor disprove a fiscal mess-up begun by someone else and, for which, you could no longer legally afford to pay. Your in my thoughts, as always. xx

By Firewall, at July 7, 2009 3:06 PM

The temptation to feel like at least a few bites of the food that goes into your mouth comes not from exploiting, but from helping to allay, the weaknesses of others became too much to resist, huh?

By Grant, at July 7, 2009 3:12 PM

Huh? Can you explain that again, please. Once more from the top. Just kidding.

Real estate in a straight-forward home purchase is very confusing to say the least. To then add the layers on as in that situation, makes it that much more murky.

I've purchased 4 homes now and still looked at each transaction like it was something completely new to me. Maybe I'm not too bright, but each one was confusing. Then again, I have the tendency to want to know and understand everything in the transaction and it was a few years between each transaction.

Sounds to me like you got in way over your head and into a situation you may not have fully understood with people who misrepresented themselves. It also seems that it is considered that you have some culpability in the matter. So if that is the case, take the high road. Take your lumps and move on. Hopefully your only cost is money. Just don't let anyone else drag you further in than you should be, or in a way that you don't deserve. Just never give up the fight. Never!
JM

By JMStLou, at July 7, 2009 6:31 PM

OK, I read more, and understand more. You trusted Scott H. and got screwed. Next time you'll make contracts but, as I said, I've made agreements without contract and suffered; I also made agreements with contracts but did't read the small print. This is a business where the other party is still up to his neck in trouble, it seems. Whatever, it has nothing to do with my friendship with you and I never abandon friends on hearsay, Gossip, half-truth or lies. You've taken a hit, you move on. xx

By Firewall, at July 7, 2009 7:44 PM