FLOODGATES vs. JUSTICE

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

I had assumed that the only reason the Judges were holding back on decisions in favor of Borrowers and Petitioners in bankruptcy was that they just couldn’t believe that the banks would commit blatant fraud and because they trusted the banks and the large firms that represented the banks. The thought was that any defense by a borrower is really a plea for delay of the inevitable. The deadly question “Did you sign that note” followed by “did you make those payments” could not be overcome by any “Yes, but” answer.

As we go further down the track and we find that

  • the answer is that we DO contest and deny the authenticity of the note both because

  • we don’t believe that is actually the note signed by the borrower and

  • because the note does not describe the transaction that actually occurred,

  • and that the answer is that the borrower denies that any payment due is unpaid,

the issue becomes increasingly complex but there is still another reason for the resistance of judges to admit that just because an advance of money was made to the homeowner doesn’t mean that the party seeking to enforce payment either made the loan or paid for the loan. That of course leaves the issue open as to how many times the borrower can be sued for the same note, especially when the note itself is fatally defective in naming the wrong parties and excludes essential and material parts of the transaction between the borrower and the lender (investor). BUT IT ALSO LEAVES OPEN THE POSSIBILITY THAT 80 MILLION MORTGAGE TRANSACTIONS MIGHT BE SUBJECT TO JUDICIAL MODIFICATION OR NULLIFICATION.

So it turns out after hearing hours of motion practice, appeals and reading transcripts, I had missed something. Judge Canady from the Florida Supreme Court alluded to it when he pleaded with the legislature to provide adequate funding for justice to be served. The answer was staring me in the face — the pretender lenders don’t want justice to be served and they don’t want an army of  judges pouring over defective documents (ALL MORTGAGES 1999-2011?) that could nullify the mortgage, eliminate any enforcement by the pretender and potentially eliminate any enforcement at all. So this comes out of the Judge’s mouths by allusions to floodgates of litigation, as they contemplate every mortgage ending up in court.

So the question is whether we are really going to say that the courts are not going to hear cases on the merits because we just don’t have the time or money to do it? It would seem that with 0.7% of the entire Florida budget devoted to the justice system, the lobbyists are working hard to restrict the funding so the truth can’t come out. One of the Judges on an appellate panel I heard more or less said it when he asked the attorney for the homeowner whether his position would mean that ALL non-judicial foreclosures would require an evidentiary hearing. The answer the Judge didn’t want to hear and which was sidestepped by counsel is YES — if a pretender could not prevail in a judicial foreclosure, there is no reason for him to do so in a non-judicial foreclosure.

The basic problem is that NOBODY wants to hear this answer or accept it as true. Probably not even the borrowers, or most of them anyway. MERS says it has seen over 80 million loan transactions go in and out of its data records. If those loan transactions lack documentation, or if the documentation lacks authenticity or truth, then we have a huge title mess on our hands and the courts seem like the only place this can be  cured. The mega banks are obviously pushing this to the wall on the supposition that nobody is going to say we need to redo 80 million mortgages, even if that is what the law requires. So the homeowner, the pensioner, the taxpayer, the state and local government take it on the chin because the fraud was so big that we lack the resources to correct it.

But that is not really true, is it? What we lack is the resolve to correct it not the resources. If we resolved to apply the law and it became known to the mega banks that no bluff would make it through the courts, then the fight would be over long before the floodgates were really a risk. Unfortunately fear is a more powerful motivator than common sense. So right now we are stuck in a status quo where the law and common sense is being thrown to the ditch while Jamie “Gem” Dimon run the joint.  Anybody remember how this turns out? —  Organized crime gets a huge boost courtesy of the government and the little guy, whether he is a consumer or worker, gets the shaft.

Welcome to the new season of “Boardwalk Empire.”

16 Responses

  1. To Eugene:

    I checked out FDN – need a more direct email address – not some funky “info” email – if you have one please email me with it papergate@aol.com. I assume NJ is your turf??

    To Bill Kay:

    I got your message and will contact you – I assume NV is your turf?

    To Dying Truth:

    I was a litigation paralegal for 30+ years; and a notary in CA during the bubble years; I’m totally familiar with the process – I had an objection sustained the day before Walker’s in the courtroom next to his hearing – I think the Agard case is going to help us but we need to find an attorney in each state willing to put his/her cajones on the line – I am only a paralegal from a (foreign) jurisdiction to PA – but I would gladly act as a turnstile for PA – we need to get cohesive alliance beyond just FL, NY and CA –

    To Attorneys in each state with balls – please contact me to help coordinate this effort.

    To Matt Taibbi and others like him:

    Maybe we can start to list hearings of each of us and the state – for example, PA – BK (PA MD) Motion Relief Stay – pro se – 03/31/11 1:30 pm – also let’s not forget blog writers and press types – if judges are worried about negative publicity articles as being potential due to press or writers in the courtrooms – that could help – just look at PR for J/Schack – especially pro se cases.

  2. Deby :
    Your idea is good, Sign me up. I’m planning to be at Trenton, N.J. or the Bergen County Courthouse on March 29th. They keep moving up the date of the hearings.
    Florida has so many good foreclosure attorneys and New York has a few very good Judges. It’s the New York Judges that I think are making more headway and for this reason, choking off the rampant stream of FRAUDULENT SUMMARY JUDGMENTS, we need to start suing a few judges who knowingly allow FRAUD UPON THE COURTS because they don’t have the guts to stand up for judicial justice and DUE PROCESS.
    In Bergen County alone, there has been four store front (posing for the pretender/lenders) judges and one was even promoted to the appellate court. Two of them I know have neglected their duties and the third one you probably read on the web. All three should remove themselves from the bench for allowing FRAUD UPON THE COURT. Only ONE JUDGE in the entire state(Judge Wm. Todd in Atlantic County) had the audacity to challenge the pretender/lenders in STANDING.

  3. angry & NOT TAKING IT,
    You know how I can always tell when not to trust such persons or businesses?

    When they’re lawyers and/or attorneys offering help on the condition that you pay them first (which all attorneys do).

    Deby,
    I don’t know about all states, but in California there isn’t a single ‘licensed’ attorney anywhere. Licenses are issued by states (and states are prohibited from granting titles of nobility), every single BAR association was and/or is a Corporation registered with with Secretary of State in which they reside. CalBAR has 2 registrations with the SoS, one is ‘inactive’ and the other one is ‘expired’. This has been the current status of CalBAR for over 50 years, members of the BAR (an old boys club without a valid permit) have BAR cards proving their membersip to a club that is no legally registered in the state of California (that is not a license, anyone can print business cards). And no, BAR associations are NOT ‘arms’ of state supreme courts, if they were as such it would be enumerated in the Constitutions, but they are not and are just as the US is prohibited from granting titles of nobility, and creating privileged positions that hold more rights than any other citizen.

  4. @angry & NOT TAKING IT

    The link you posted looks like one of Ken Delashmutt fraud sites.

    Try Google his name, you’ll get the idea. I’d suggest that everyone stays away from anyone using “administrative process”.

  5. I think these guys might be onto something but please decide for yourselves.

    .http://www.HomeForeclosureRemedies.com/
    Michael-Edward-The freedom group –
    accordingly – If your still in your house
    [not foreclosed] these lawyers claim – you can get the house free&clear & damages.
    They claim 100 cases successful..

  6. PRO HAC VICE attorneys

    A Latin meaning “for this one particular occasion.” The phrase usually refers to an out-of-state lawyer who has been granted special permission to participate in a particular case, even though the lawyer is not licensed to practice in the state where the case is being tried.

    This is what we need – a few kickass strong attorneys who understand this stuff like Neil, Jeff, etc. and appear pro hac vice – with courtcall appearances it should be easy – we would all have to each agree to help out the attorney by doing docs, paying costs to appear, etc. – this would keep the arguments and beliefs we all have consistent and dialogue within each state’s Bk or courts – if i.e., Jeff could do a pro hac vice for perhaps t he northeast – PA, NJ, MD, OH, DE, WV, then we could perhaps get attorneys to handle the same issues covering a few states? Any comments??

  7. You know as someone else here has pointed out (in conjuction with the fact that closings are done really fast with no time to see exactly what you are signing), Promissory Notes are neither Notarized nor Recorded (odd considering everything else which wholely depends on the Note is), so even copy images of a Note which ‘appear’ to bear a signature amount to nothing more than hearsay, because there is no official record of its execution and acknowledgement or affirmation nor is there any official representations as to ANY personal knowledge of facts requisite to support a claim that it validly ever did and does still exist. You can’t walk into a courtroom and present the movie “Jurassic Park” as valid conlusive ‘evidence’ that dinosaurs are alive and still roam the Earth, especially when you do not and cannot attest to the authenticity of it or its existence, for you were not the camera man who had personally witnessed (or not) the facts which merely only ‘appear’ in the record.

  8. Eugene:

    Thanks to you as well.

  9. Deby:

    You are right on several counts: The fight is in the States and we need action not talk. Been out there along with some others who really know their stuff, saying it for months on end, but nobody listens.

    Thank you for your comments.

    I am a homeowner’s advocate and have been defending homeowners for years and it is quite challenging without the proper backup. We have to start somewhere.

  10. For Deby
    People are REALLY STUPID. They want to fight their foreclosures in their own little cocoon. Seeing what’s happening in Wisconsin, Egypt, Libya, they don’t realize that numbers do matter. We can defeat the stubborn judges who know the law but are unwilling to follow it. We can defeat the politicians who have already been bought by the pretender/lenders. We can defeat this government which has been standing by idlely awaiting for the messaiah(Wall Street) to show them the way. Take your pick. I’m here in New Jersey trying to get just one, two or three people to join/meet me in Trenton or Bergen County courthouse on March 29th to protest against the foreclosure fraud in New Jersey. If there’s already a group, I’ll join. We need to speak out in numbers. The fight is in the states, now.
    Jeff Barnes, http://www.foreclosuredefensenationwide.com is fighting for homeowners around the country, some success in New Jersey already, and his law firm is gaining associates in a lot of states. He would be an ideal attorney for national foreclosure representative who’s willing to fight in courts.
    We need less TALK and more ACTION.

  11. Remembering 1968 – Revolution is in the Air –

  12. Well, my client did all of those things that Neil talked about and the Judge ignored them. This was back in 2006. Now, the Judges are looking at things differently.

    In order for their to be justice, the banks need to not repurchase the loans from Fannie and Freddie or any other bank, but they need to divy up the funds to the homeowners who can prove harm. The Court will just have to find a way that when issuing the Court order, that once the settlement is made, that no other entity can claim the note or an interest therein.

    Attorney Generals are the one attorney in each state that is supposed to represent the people, recall them and then put someone else in their place. Then you will have representation. Most attorney generals are guilty and doing the minimum. They now know what was done by the banks, but they will fail in their settlement for the people.

    I am sure there are some issues with this, but it needs to be looked at as a path – remember get rid of the ones in office who have not been doing the job over the past several years or we would not be in this mess.

  13. “What we lack is the resolve to correct it not the resources. If we resolved to apply the law and it became known to the mega banks that no bluff would make it through the courts, then the fight would be over long before the floodgates were really a risk.”

    Didn’t Arizona just do this?

  14. We need at least one attorney in every state that is an ally to the cause – EVERY STATE which means all 50 states has to have one focal point – one attorney that represents each one of us – here is Pennsylvania there isn’t a single rodent that gets it or has the balls to tackle these issues – too many states are like this so we are all spread out all across the country – too much concentration in FL – NY – it isn’t going to work across the board if every state is not participating – here in PA I can’t find a single person let alone attorney – we need to form ‘delegations’ so to speak for each state – take up collections enough to secure a full time attorney in each state to represent everyone’s interests in that particular state, including approaching congress, attorney generals, whoever is handling the issues – we need a voice not just ours but someone with legal knowledge and know how that is being hired to representative a collective group – whether facing BK, foreclosure in the courts – whatever – we need at least one attorney representing us in each state – as Neil says – let me repeat that – we need at least one attorney representing the collective group of us in each state who knows and understands the unique set of laws, issues, etc. with each state and knows what the heck is going on outside the state’s borders – Agard and Ibanez according to PA attorneys is USELESS in PA – this is an example of BS – there has to be one representative in each state who can say to the BK and state court’s – that Agard for example will work – perhaps we need to set up a state by state link so we can each go to that state and find out who is doing what, etc., otherwise – we will never survive and a revolution will not work unless we form collective strength within each state – that is why we are not winning – we are getting clobbered in clusters due to each state’s bologna sandwich laws, etc. Let’s do what Wisconsin fights for – a collective bargaining effort – let’s create an American Homeowner’s Alliance with state specific locales – what happens in FL is not going to help us in PA and likewise – what happens here or in FL will not help CA or NY – there is an arrogance amongst the controllers of law in each state who ignore what goes on in other states – therefore we need to form a collective position across the country but broken down by state – we don’t know what or how to utilize all this wonderful knowledge Neil, Max, Lisa, Ice, Mark, Matt, etc. have given us within their own states – we need to form a collective union but sub-grouped using the available laws etc. within each homeowner’s own state – which means we may have to take up a collection of funds to find and retain at least one attorney in each state who is 100% for and about that particular state’s homeowners – it’s easier for 50 attorneys to work out the legalese and BS amongst themselves to divvy up amongst each state. I know because I get flack all the time from the BK judge who chirps about ‘getting counsel’ when no one wants these cases in this state – this is true in each state – each attorney in each state would represent each homeowner – as a collective group and on each homeowner’s own case. The banks have congress and corporations behind them – we need our collective bargaining as a whole – AMERICAN HOMEOWNERS ALLIANCE – working on these please let me know your thoughts and interests. Thanks Neil and all from papergate@aol.com

  15. So, thusly and therefore, isn’t the only real answer to join the mass joinder national lawsuit and fight one big litigation against each bank???

  16. Remember, ladies and gentlemen, we have another route available to us by virtue of how this country was created–revolution. I think we can do it by peaceful means as they did in Egypt. Make no mistake, that is a peaceful overthrow of a corrupt government which was bleeding the people dry. We have to give it a try–dust off your b^&#s and go for it. Burmese8@yahoo.com

Leave a Reply

%d bloggers like this: