FORECLOSURE GATE TV…Massachusetts Supreme Judicial Court Oral Arguments Ibanez Case (this is real not Saturday Night Live)

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SJC-10694, Massachusetts Supreme Judicial Court Oral Arguments

Yesterday, October 09, 2010, 1:28:54 PM | Alrady40@yahoo.com (Darla)Go to full article

 

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VIDEO: SJC-10694, Massachusetts Supreme Judicial Court Oral Arguments: “Docket # SJC-10694
Date October 7, 2010
Video View oral argument with Windows Media Player
Summary
(prepared by Suffolk University Law School) Real Property; Mortgages– Whether plaintiffs were assignees of mortgages such that they had legal authority to foreclose on the mortgages.”

For those wanting information while watching that includes descriptions of terms check out the Jack Cushman website to read up a little.

U.S. Bank National Association
Plaintiff/Appellant
Blue brief & appendix filed
18 Main Br., 18 App., 18 Reply Br.
1 Extension, 9 Days
Phoebe S. Winder, Esquire
Robert Bruce Allensworth, Esquire
Andrew C. Glass, Esquire
Robert W. Sparkes III, Esquire
Wells Fargo Bank, N.A.
Plaintiff/Appellant
On brief of another party
18 Reply Br.
Phoebe S. Winder, Esquire
Robert Bruce Allensworth, Esquire
Andrew C. Glass, Esquire
Robert W. Sparkes III, Esquire
Antonio Ibanez
Defendant/Appellee
Red brief filed
2 Extensions, 63 Days
Paul R. Collier, III, Esquire
Max Weinstein, Esquire
Eloise Lawrence, Esquire
Mark A. Larace
Defendant/Appellee
Red brief filed
Glenn F. Russell, Jr., Esquire
Tammy L. Larace
Defendant/Appellee
Glenn F. Russell, Jr., Esquire
Commonwealth
Other interested party
Scott D. Schafer, A.A.G.
Real Estate Bar Association
Amicus
Amicus brief filed
Ward P. Graham, Esquire
Robert J. Moriarty, Esquire
Marie McDonnell
Pro Se Amicus
Commonwealth
Amicus
Amicus brief filed
John M. Stephan, A.A.G.
Darlene Manson
Amicus
Amicus brief filed
Kevin Costello, Esquire
Gary Klein, Esquire
Stuart T. Rossman, Esquire
Germano Depina
Amicus
Kevin Costello, Esquire
Gary Klein, Esquire
Stuart T. Rossman, Esquire
Robert Lane
Amicus
Kevin Costello, Esquire
Gary Klein, Esquire
Stuart T. Rossman, Esquire
Ann Coiley
Amicus
Kevin Costello, Esquire
Gary Klein, Esquire
Stuart T. Rossman, Esquire
Roberto Szumik
Amicus
Geraldo Dosanjos
Amicus
National Consumer Law Center
Amicus
Marie McDonnell
Amicus
Amicus brief filed

12 Responses

  1. Interesting arguments on both sides. What was the final decision of the courts?

  2. MARIO KENNY

    Enjoyed your post by Deby.

    One thing the media never mentioned when they discussed all the foreclosures and the “Deadbeats” is that children, the sick, and the elderly, were being thrown out of their homes. Borrowers have families. Displacing families is never a solution to a better country – much consequence to such a strategy.

  3. President Obama Falls Victim to Chase Robo-Signer
    Today, October 11, 2010, 1 hour ago | Foreclosureblues
    Fraud Exclusive – President Obama Falls Victim to Chase Robo-Signer
    Posted by Foreclosure Fraud on October 10, 2010 · 17 Comments

    Well well well…

    Lookie what we have here folks…

    Is this why they tried to sneak through H.R. 3808? (just kidding)

    Just like we have been saying all along, this is so much bigger than “affidavits.”

    Here is another piece of the puzzle, without bringing up the REMIC issues…

    Now that YOU are effected personally in this, Mr. President, what are you going to do about it?

    Let’s get off the whole CNN Axelrod signals White House opposition to foreclosure moratorium BS…

    “The Obama administration opposes a moratorium on home foreclosures, but wants problems involving improper paperwork resolved as quickly as possible, senior adviser David Axelrod said Sunday.”I’m not sure about a national moratorium,”

    Like my dear friend at the Hamlet puts it

    It’s not the foreclosure affidavits only. Hello? It’s the whole kit-n-caboodle. it’s the fabricated assignments of mortgage, fake allonges, robo-stamped endorsements in blank, and satisfactions of mortgage, ignoring SEC and IRS regulations, disregard for the steps required by the REMIC rules. It’s all the top national banks and their servicing arms. The whole of it is a sham. Don’t believe the propaganda that insists otherwise.

    Got it?

    Now for the fireworks…

    First we will start with a screen shot of one of Obama’s Release of Mortgage…

    Marshe Craine of Chase signed off on their release of mortgage.

    Now you ask, so what is wrong with that?

    Nothing on it’s face, but you know how I roll…

    With all that is going on with the robosigning, forgeries, fabrications and LIES, we decided to dig into this to see if something was there to help educate the masses on the issues that all of us as Americans face…

    Guess what we found…

    President Obama is a victim of the robosigning phenomenon that has taken the financial industry by storm…

    How else would you explain this?

    Check it out…

    Random search of signature for Craine

    (Click to Enlarge)

    Whoa, is that the same Marshe Craine “Vice President” of Chase that signed off, and was notarized I might add BY THE SAME NOTARY, on the Presidents Satisfaction of Mortgage?

    Let’s compare…

    Hmmm. I’m no handwriting expert but…

    Let’ clarify if the same person notarized these documents…

    Obama Notary

    Random Satisfaction Notary

    Looks the same to me on the notary, so if these signatures turn out to be different, she is LYING on one of them, but hey, no big deal, it is just a “technicality”, right?

    Not convinced yet?

    Okay, let’s dig deeper…

    Let’s see if this “Vice President” Marshe Craine is a MERS agent as well.

    Yep…

    Oh, much better, that signature is much closer to the signature on the President’s Satisfaction of mortgage…

    I feel much better now, don’t you?

    Was getting a little nervous there for a second…

    Didn’t MERS just come out with some statement about how they weren’t involved an any fraud or something like that?

    Oh yea they did…

    Statement by CEO of Mortgage Electronic Registration Systems (MERS) “The MERS System is not fraudulent, and MERS has not committed any fraud.”
    Statement by CEO of Mortgage Electronic Registration Systems (MERS) RESTON, Va.–(EON: Enhanced Online News)–Mortgage Electronic Registration Systems (MERS) Chief Executive Officer R.K. Arnold today issued the following statement regarding the organization and clarifying certain aspects of its operations: “The MERS System is not fraudulent, and MERS has not committed any fraud.” “MERS is one important … Read more

    Anyway, it is a good thing it was the same notary again or we would be in big trouble…

    Here is another one just for fun now as a Chase VP…

    ~

    So you see, this whole Foreclosure-Gate crisis has nothing to do with the “deadbeat” borrowers, it never has.

    It has to do with the complete lack of the respect of the law by the banking industry.

    They got away with it up until now and are trying their damnedest to paper over their crimes.

    It is time to say no more…

    They tricked all of us, even you Mr. President, and completely disregarded the basic laws of this country to make a buck.

    I have been beating this drum, along with a few others, for years now and it is time to come to an end.

    Mr President, now that you have had the fraud perpetrated on you personally, what are you going to do about it?

    The system is broken and the foreclosures need to be stopped NOW.

    It is actually worse than you can imagine…

    Feel free to call or email me to discuss this further, Mr President.

    All documents supporting the screen shots above are available to the media upon request.

    The first national news media outlet that chooses to report this to the American Public will get an exclusive on a similar issue effecting another one of the President’s mortgages…

    It is just as interesting, if not better than the above…

    For more on the above concerns, see here and here…

  4. judge and Finally

    Let’s start with Fannie/Freddie buildings – we already own them!

  5. I think “finally’s ” statement pretty much says everything.

    I agree, I want foreclose on JP Morgans corporate building 🙂

  6. I simply cannot believe and remain in shock that a setup such ad mers being industry owned, by the banks could be decided. By the banks and is being debated at much expense by a mulitdustrict task force when on it’s face it stinks to high heaven and it’s taking years whilst only those 2% of us have the stamina and downright determination to hold onto truth and justice for ourselves and those less fortunate whilst we ruin our lives for years, albiet, by choice , to fight…. for the things our forefathers had the wisdom to put in place that the us constitution was built upon this is sacred stuff “Rise oh falling fighters rise and take your stance again and again and again. We must

  7. http://mariokenny.wordpress.com/2010/10/10/president-barak-obama/

    Does anyone know what this picture is? Yeah, you’re right, looks like a dangerous alley somewhere in a big city – someplace you wouldn’t be caught dead in let alone sleep – but guess what – this was Mr. President’s – remember him – this was his shelter one night in NYC – and this same alley was home to many evicted over a century. I don’t think for one second our President doesn’t remember the overwhelming fear and humiliation from that one night – well guess what – this is going to be home to many Americans – MR PRESIDENT YOU ROSE TO BECOME COMMANDER IN CHIEF OF THE GREATEST NATION IN THE WORLD BECAUSE YOU SLEPT IN THIS ALLEY – YOU KNOW WHAT IT IS TO BE WITHOUT SHELTER – THAT IS WHY WE VOTED FOR YOU – do you want us to end up here – if no – then stop the madness – say no to homelessness – the hell with how much money will be lost by banks and stockholders; who cares; all that matters is shelter to someone – otherwise – go ahead, make reservations in 65 million alleyways, parks, and shelters, for people to sleep – or you can do the right thing and let them stay in the shelters they have and are fighting for now without help from anyone not the government, banks, not even judges –

    DO THE RIGHT THING MR. PRESIDENT – SHELTER IS #1 – NOT A BANK.

    The most famous alley in the world has meaning now – it taught our President what it meant to have no place to sleep – don’t ever forget that night Mr. President – it was the most important thing you could have ever done – there was a reason for that night – it had meaning, you were given a rare and wonderful opportunity to know in your heart and mind what it felt like to have no place to sleep – you couldn’t buy this lesson – this one night’s experience will take you through the next 4 years or longer – if you do the right thing on October 29, 2010 – say no to homelessness.

    By Deby of CA

  8. http://mariokenny.wordpress.com/
    By DEBY

    On
    October 29th
    Thank a Deadbeat

    10/29/29-10/29/10-10/29/39

    It’s 2009: “Deadbeat” . . . a person who defaults or doesn’t pay their debts; “fraud” . . . any act of deception carried out for the purpose of unfair, undeserved and/or unlawful gain. This is the missing word that never pops up in threads when railing about deadbeats; why – because they don’t know any better – they don’t know deadbeat = beat the fraud. One has to be in the same position of so-called deadbeats to understand why would they not be paying their mortgages? Well how about this, if a wino comes up to you on the street begging for money you instead give him a piece of whatever food you rummage from your pockets or purse . . . why – because if you give him money he’ll only buy more wine or whatever form of ETOH got him to this godforsaken place to begin with.

    Now look back 30 years earlier when he was 18 – he was naïve, someone gave him a beer – his first ever drink then he graduated to a gin and tonic or margarita – then he continued to consume more liking to his particular tastes – then he began to drink to escape or whatever – the point is its 30 years later – as a society we learned to not give a street alcoholic money 30 years ago cause he’ll only buy booze; give him food instead so he gets something worthwhile. Thirty years ago you would have thrown quarters at him – maybe if you felt rich a dollar – didn’t matter – you were giving him money with no idea or care about what he was going to do with, right? Remember those days?

    Okay, now an unknown entity comes along and you give it money, not knowing really who it is or where it’s going or what it is doing with that money after it’s out of your hands, probably a direct debit via a website. Now flash forward 30 years from now 2039. You’ve been giving that pesky unknown money month in and month out for 30 years now. You decide to hop on your electric hover chair setting the navigation system to the county recorder’s office so you can FINALLY GET THAT RECONVEYANCE giving you your home free at last – 30 years and $300,000.00 later – you’re going to give it to your grandkids since no one else in your family was ever able to own a home after 2010 – so you go into the recorder’s office – hand the recorder a document (Reconveyance) – she takes it and does research – comes back to the counter with this look on her face that isn’t good – “there’s a problem sir” she says in dismay – “there’s no recorded assignment or anything else with the name of this entity on the paper you gave me – there’s no record whatsoever of that lender – I don’t see their name anywhere.”

    Now you know you’re old 85 perhaps – but you can still hear and read – “waddya mean?”

    Well, there’s nothing with the name of this entity on your document in our records anywhere sir – unfortunately however there is a lien from an entity called “I WAS YOUR TRUE LENDER” – and the lien is for $500,000.00?? But that’s all that’s here – I’m sorry – I wish I could help – is there someone you can call?

    No, they’re all dead.

    Stunned and confused – you’ve been making a payment of $1,000.00 every month, an electronic debit going to the website as instructed since 2009 – it’s been coming out of your social security deposit all these years – how could this be? Then it hits you like a ton of bricks – that foreclosure crap in 2010 all that stuff about people not paying their mortgages – that’s what they were talking about – that’s what they meant by mortgage fraud? Now I get it – I’ve been paying a stranger all these years . . . I’ve been paying a schmuck lender who wasn’t even the right party – they didn’t own my damned loan; and they never told me – they just let me pay and pay and pay for 30 long years –

    Damn what a fool – now I know what they were talking about; and I called them deadbeats cause I was paying my mortgage all the time; doing the right thing – putting them down – so this is what they were doing? They didn’t want to pay the wrong party – that’s why they fought and refused to pay – they didn’t want to pay the wrong party cause they knew something like this would happen – well I’LL BE DAMNED he says to himself. .. . as he jump starts his hover scooter and sets the destination for home – except it isn’t really his home ; never was. Now who’s the deadbeat?

    Don’t find out 30 years from now you’ve been paying the wrong lender – find out now – that’s what you can learn from these deadbeats – you may thank them someday.

    This is what is behind the non-payment by a gazillion people not paying their mortgages – they are not purposely not paying their mortgages and trying to get a free house or live rent free – they’ve been taught to not be fools and pay the wrong parties – in less than 2 years it turns out they were right; their hunches and suspicions that something wasn’t right – was right – something was seriously wrong with the paperwork – they sensed something but since t his whole bit about a mortgage and securities in the same box – they knew and they resisted and thanks to these deadbeats a very expensive lesson was learned by all – the resistance of a few brought clarification to an entire nation to be on guard; do you really think all these banks are being nice guys and freezing foreclosures based on kindness or out of the goodness of their blackened hearts – no – they’re doing it because the resistance by deadbeats is bringing a very sticky truth to the surface – the fact is the deadbeats weren’t paying because they knew this was what was going to happen – the truth would surface – they’d be vindicated; now they will be able to pay the right people and not have the worry about 30 years later finding out they paid in vain for bupkis . . . Thank a deadbeat…

  9. Well, watched whole video – and both sides of argument.

    Foreclosure attorney says – Mortgage Loan Purchase Agreement covered the “sale” – and only a confirmatory assignment is needed later – at foreclosure.

    Plaintiff says – no – assignment in blank is not adequate – numerous assignments in chain were not performed – and assignment is after “closing date.”

    1) Judge who questions later confirmatory assignment – is not reviewing the PSA/Prospectus as to INVESTORS and warranties and representations.. Further, only receivables to loans were securitized . THAT IS ALL THAT CAN BE SECURITIZED. PROPERTY RIGHTS CANNOT BE SECURITIZED. This is Securities and Exchange LAW. Pass-throughs must be Current in order to be a security. This is what investors are whining about.

    2) What happens after the receivables are securitized?? NO one brings this up. Default receivables do not stay in trust.

    3) Where are the Repurchase documents?? Repurchase Agreements are part of the Mortgage Loan Purchase Agreement. If loan did not conform – misrepresentations/warranties/breach- the loan MUST be repurchased. Where are the records?

    3) In addition to Repurchase Agreements – there were Reconstitution Agreements – final agreements for loan inclusion -or rejection. Where are the Reconstitution Agreements? Where are both the Repurchase and Reconstitution Agreements? Where is the final and current Mortgage Schedule – not the tracking of original schedule that was never executed.

    4) What happens to default/delinquent loans since they are no longer a current receivable?. How are these NON-PERFORMING loans removed from the original “earmarked” Trust?? And, who then has rights to foreclosure recovery proceeds? Not the investors to the Trust – they never account for foreclosure proceeds recovery in investors actions against the Bank/Security Underwriter. Why? Because they are not entitled to the foreclosure proceeds. Thus, where are additional assignments/sale of collection rights??? Who reports to IRS for foreclosure proceeds?

    5)None of the documents in the chain of title were ever executed properly in accordance with the Prospectus/PSA/Chain of Title/Repurchase-Mortgage Loan Purchase Agreement/Reconstitution Agreement/Removal of default receivable loan agreements (Servicer purchases)

    Trustee role is done – what is argued here – is hindsight. It is NOT current. Bogus title continues because – FORGET whether or no original documents/chain were properly executed – CURRENT mortgage title is not even questioned. What happens after the credit default swaps were executed? Who accounts for the foreclosure proceeds? When did the trustee stop getting advances from the servicer??

    These are unanswered questions. Then the question becomes – how much was the default loan sold for? Why was this not an issue in potential modification? And, what title agency will now insure a severely flawed mortgage title policy??

    The judges are living back in law prior to the mortgage fraud origination/foreclosure crisis. The perpetrators built their kingdom on flaws in the law/deregulation. Trying to justify fraudulent conveyance AFTER the fact is simply not plausible – or legal. Fraud is never justified. And, judges of the court – you still do not know – WHERE ARE THE CURRENT COLLECTION RIGHTS? AND WHERE WERE THEY AT THE TIME OF THE FORECLOSURE – and sale of the foreclosure home..

  10. ok,so I read these brief’s and got alittle sick but then got some air with the newer brief by the A.G. and McDonell brief which helps with a forclouser mill law firm Albit Law that is involved in my case. So I thank you Neil for these posts and have forwarded to my atty, any help I can give him I try as this is hard stuff here in Mass. as you have read.

  11. Huh??? It appears at this point in time that anyone, whether an interested party or not, can file a foreclosure on anyone, whether they have a mortgage or not or, whether they even own a home or not, and someone in the court system will consider that the action may be somehow be valid? I’m thinking about filing a foreclosure action on BAC corporate headquarters based on the fact that I think someone once thought about assinging it to someone else and I claim that someone else is me! And I have a notarized certification to prove all of this is true!

  12. Pretty much covers both sides of the argument quite well. when will they make a decision? foes MA common law differ much from other states?

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