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FROM THE WEISBAND APPEAL we can see that the absence of objections and denials was relied upon heavily by both the trial court and the appellate court. The lesson is that you should assume nothing and deny or object to anything you don’t know for sure is true. Lessons from this opinion are the following:

  1. File the adversary proceeding in the bankruptcy court or file a law suit in state court so your record is preserved.
  2. Avoid filing schedules that enhance the ability of a pretender lender to file a proof of claim or file a motion to lift stay. If the title record only shows the originating lender, then you probably (check with bankruptcy lawyer) need to list the creditor has having a disputed unsecured claim. Force the pretender to file a proof of claim without being listed as a creditor in the schedules. They are more likely to be seen as an interloper than if you already listed them as a creditor.
  3. File an objection to the proof of claim: Make it as simple as possible. Deny that the pretender is a creditor. Procedural grounds are best: the code requires the “creditor” to file all evidence in support of their proof of claim. Chances are they did not do that. Fabrications of new documents usually occur only after the matter is considered contested by the Judge. The objection should show that the title record does not include the pretender, or if the pretender is mentioned in the a document recorded in the title registry, then the objection must be both lack of proper documentation and the authenticity and foundation of the documents used. Attaching a copy of a third party report might be helpful.
  4. Do not admit the closing documents in the transaction since they describe a transaction that did not occur — in every table funded loan the real lender is concealed so the first point is that the lender was not properly identified. The second point is that the loan was securitized so the terms of the the loan are not actually alleged in the Proof of Claim nor any attachment unless they show BOTH the homeowner’s closing documents and the documents shown to the investors (prospectus, PSA etc.)
  5. Allege that the real transaction is undocumented and that the parties at closing used a paid straw-man instead of the real lender. Then they used documents from the straw-man to give credence to the idea that the closing documents actually described the transaction when in fact it did not.
  6. Deny the default. The servicer is probably continuing payment to the real creditor.
  7. Deny the note, since it is not evidence of the actual transaction.
  8. Deny the Deed of Trust or mortgage deed, since it secures the defective note.
  9. If a merger is alleged, deny that the merger occurred and demand proof, and especially deny and demand proof that the defects in the documents were in any way cured by the merger.
  10. Allege that there is equity in the property. If the mortgage is not a valid lien, the equity is there. Don’t assume the burden of proof that the mortgage is invalid or unenforceable — make them prove it.
  11. Move for realignment of parties — such that the forecloser becomes the plaintiff and must plead and prove its case. Your case simply becomes an answer denying, the claims of the forecloser, denying the default, denying the authority of the forecloser to declare a default,and denying the authority of the forecloser to initiate sale under the power of sale both because the documents showing the authority are absent and because the mortgage itself is defective in that it was procured through fraud in the inducement, and that it is defective in that it purports to create a security interest in a debt that is denied.
  12. Allege waiver and abandonment of claim as affirmative defense because the real creditor-lender has opted not to enforce any claim — equitable or legal against the homeowner. 
  13. Deny that adequate protection payments are due, or in the alternative demand an evidential hearing on determining whether adequate protection payments are due and if so, how much. Since the servicer is most probably making the payments the declaration of default and notice of sale are defective. But if the servicer is making payments, the adequate protection is already there as to the creditor — even if the servicer has some claim in equity for restitution or unjust enrichment for making the payments on behalf of the homeowner.

WEISBAND TRIAL COURT QUOTED BY APPELLATE COURT: “Here all that is required is that the movant have a colorable claim. You assert that they don’t have any claim; but that would require an adversary proceeding. The note shows that the lender was First Horizon Home Loan Corporation. The deed of trust shows the lender was First Horizon Home Loan Corporation. There’s evidence of an agreement of the merger between First [Horizon] Home Loan Corporation and First Tennessee Bank. You don’t deny that that merger occurred. You don’t argue there’s any equity in the property. You don’t argue that your client is making adequate protection payments. . . . In a lift-stay proceeding, I have to rule on what is in front of me. And what is in front of me is that there is cause to lift the stay here under both 362(d)(1) and (2). . . . Accordingly the stay lifts.”

23 Responses










  3. @cubed – while your anit-rule comment is interesting, we all must either choose to engage within the “rules” or without. fighting in court and even out of court requires not only adherence to the necessary rules but the knowledge of how to best make them work for you

  4. @usedkar – probably not, as diversity requires “complete” diversity. if 2 or more parties are local to the state, then diversity alone won’t support removal.

  5. who’s who, enlightening article
    by Source: Dean Henderson –

    (Part one of a four-part series)

    The Four Horsemen of Banking (Bank of America, JP Morgan Chase, Citigroup and Wells Fargo) own the Four Horsemen of Oil (Exxon Mobil, Royal Dutch/Shell, BP Amoco and Chevron Texaco); in tandem with Deutsche Bank, BNP, Barclays and other European old money behemoths. But their monopoly over the global economy does not end at the edge of the oil patch.

    According to company 10K filings to the SEC, the Four Horsemen of Banking are among the top ten stock holders of virtually every Fortune 500 corporation. [1]

    So who then are the stockholders in these money center banks?

    This information is guarded much more closely. My queries to bank regulatory agencies regarding stock ownership in the top 25 US bank holding companies were given Freedom of Information Act status, before being denied on “national security” grounds. This is rather ironic, since many of the bank’s stockholders reside in Europe.

    One important repository for the wealth of the global oligarchy that owns these bank holding companies is US Trust Corporation – founded in 1853 and now owned by Bank of America. A recent US Trust Corporate Director and Honorary Trustee was Walter Rothschild. Other directors included Daniel Davison of JP Morgan Chase, Richard Tucker of Exxon Mobil, Daniel Roberts of Citigroup and Marshall Schwartz of Morgan Stanley. [2]

    J. W. McCallister, an oil industry insider with House of Saud connections, wrote in The Grim Reaper that information he acquired from Saudi bankers cited 80% ownership of the New York Federal Reserve Bank- by far the most powerful Fed branch- by just eight families, four of which reside in the US. They are the Goldman Sachs, Rockefellers, Lehmans and Kuhn Loebs of New York; the Rothschilds of Paris and London; the Warburgs of Hamburg; the Lazards of Paris; and the Israel Moses Seifs of Rome.

    CPA Thomas D. Schauf corroborates McCallister’s claims, adding that ten banks control all twelve Federal Reserve Bank branches. He names N.M. Rothschild of London, Rothschild Bank of Berlin, Warburg Bank of Hamburg, Warburg Bank of Amsterdam, Lehman Brothers of New York, Lazard Brothers of Paris, Kuhn Loeb Bank of New York, Israel Moses Seif Bank of Italy, Goldman Sachs of New York and JP Morgan Chase Bank of New York. Schauf lists William Rockefeller, Paul Warburg, Jacob Schiff and James Stillman as individuals who own large shares of the Fed. [3] The Schiffs are insiders at Kuhn Loeb. The Stillmans are Citigroup insiders, who married into the Rockefeller clan at the turn of the century.

    Eustace Mullins came to the same conclusions in his book The Secrets of the Federal Reserve, in which he displays charts connecting the Fed and its member banks to the families of Rothschild, Warburg, Rockefeller and the others. [4]

    The control that these banking families exert over the global economy cannot be overstated and is quite intentionally shrouded in secrecy. Their corporate media arm is quick to discredit any information exposing this private central banking cartel as “conspiracy theory”. Yet the facts remain.

    The House of Morgan

    The Federal Reserve Bank was born in 1913, the same year US banking scion J. Pierpont Morgan died and the Rockefeller Foundation was formed. The House of Morgan presided over American finance from the corner of Wall Street and Broad, acting as quasi-US central bank since 1838, when George Peabody founded it in London.

    Peabody was a business associate of the Rothschilds. In 1952 Fed researcher Eustace Mullins put forth the supposition that the Morgans were nothing more than Rothschild agents. Mullins wrote that the Rothschilds, “…preferred to operate anonymously in the US behind the facade of J.P. Morgan & Company”. [5]

    Author Gabriel Kolko stated, “Morgan’s activities in 1895-1896 in selling US gold bonds in Europe were based on an alliance with the House of Rothschild.” [6]

    The Morgan financial octopus wrapped its tentacles quickly around the globe. Morgan Grenfell operated in London. Morgan et Ce ruled Paris. The Rothschild’s Lambert cousins set up Drexel & Company in Philadelphia.

    The House of Morgan catered to the Astors, DuPonts, Guggenheims, Vanderbilts and Rockefellers. It financed the launch of AT&T, General Motors, General Electric and DuPont. Like the London-based Rothschild and Barings banks, Morgan became part of the power structure in many countries.

    By 1890 the House of Morgan was lending to Egypt’s central bank, financing Russian railroads, floating Brazilian provincial government bonds and funding Argentine public works projects. A recession in 1893 enhanced Morgan’s power. That year Morgan saved the US government from a bank panic, forming a syndicate to prop up government reserves with a shipment of $62 million worth of Rothschild gold. [7]

    Morgan was the driving force behind Western expansion in the US, financing and controlling West-bound railroads through voting trusts. In 1879 Cornelius Vanderbilt’s Morgan-financed New York Central Railroad gave preferential shipping rates to John D. Rockefeller’s budding Standard Oil monopoly, cementing the Rockefeller/Morgan relationship.

    The House of Morgan now fell under Rothschild and Rockefeller family control. A New York Herald headline read, “Railroad Kings Form Gigantic Trust”. J. Pierpont Morgan, who once stated, “Competition is a sin”, now opined gleefully, “Think of it. All competing railroad traffic west of St. Louis placed in the control of about thirty men.”[8]

    Morgan and Edward Harriman’s banker Kuhn Loeb held a monopoly over the railroads, while banking dynasties Lehman, Goldman Sachs and Lazard joined the Rockefellers in controlling the US industrial base. [9]

    In 1903 Banker’s Trust was set up by the Eight Families. Benjamin Strong of Banker’s Trust was the first Governor of the New York Federal Reserve Bank. The 1913 creation of the Fed fused the power of the Eight Families to the military and diplomatic might of the US government. If their overseas loans went unpaid, the oligarchs could now deploy US Marines to collect the debts. Morgan, Chase and Citibank formed an international lending syndicate.

    The House of Morgan was cozy with the British House of Windsor and the Italian House of Savoy. The Kuhn Loebs, Warburgs, Lehmans, Lazards, Israel Moses Seifs and Goldman Sachs also had close ties to European royalty. By 1895 Morgan controlled the flow of gold in and out of the US. The first American wave of mergers was in its infancy and was being promoted by the bankers. In 1897 there were sixty-nine industrial mergers. By 1899 there were twelve-hundred. In 1904 John Moody – founder of Moody’s Investor Services – said it was impossible to talk of Rockefeller and Morgan interests as separate. [10]

    Public distrust of the combine spread. Many considered them traitors working for European old money. Rockefeller’s Standard Oil, Andrew Carnegie’s US Steel and Edward Harriman’s railroads were all financed by banker Jacob Schiff at Kuhn Loeb, who worked closely with the European Rothschilds.

    Several Western states banned the bankers. Populist preacher William Jennings Bryan was thrice the Democratic nominee for President from 1896 -1908. The central theme of his anti-imperialist campaign was that America was falling into a trap of “financial servitude to British capital”. Teddy Roosevelt defeated Bryan in 1908, but was forced by this spreading populist wildfire to enact the Sherman Anti-Trust Act. He then went after the Standard Oil Trust.

    In 1912 the Pujo hearings were held, addressing concentration of power on Wall Street. That same year Mrs. Edward Harriman sold her substantial shares in New York’s Guaranty Trust Bank to J.P. Morgan, creating Morgan Guaranty Trust. Judge Louis Brandeis convinced President Woodrow Wilson to call for an end to interlocking board directorates. In 1914 the Clayton Anti-Trust Act was passed.

    Jack Morgan – J. Pierpont’s son and successor – responded by calling on Morgan clients Remington and Winchester to increase arms production. He argued that the US needed to enter WWI. Goaded by the Carnegie Foundation and other oligarchy fronts, Wilson accommodated. As Charles Tansill wrote in America Goes to War, “Even before the clash of arms, the French firm of Rothschild Freres cabled to Morgan & Company in New York suggesting the flotation of a loan of $100 million, a substantial part of which was to be left in the US to pay for French purchases of American goods.”

    The House of Morgan financed half the US war effort, while receiving commissions for lining up contractors like GE, Du Pont, US Steel, Kennecott and ASARCO. All were Morgan clients. Morgan also financed the British Boer War in South Africa and the Franco-Prussian War. The 1919 Paris Peace Conference was presided over by Morgan, which led both German and Allied reconstruction efforts. [11]

    In the 1930’s populism resurfaced in America after Goldman Sachs, Lehman Bank and others profited from the Crash of 1929. [12] House Banking Committee Chairman Louis McFadden (D-NY) said of the Great Depression, “It was no accident. It was a carefully contrived occurrence…The international bankers sought to bring about a condition of despair here so they might emerge as rulers of us all”.

    Sen. Gerald Nye (D-ND) chaired a munitions investigation in 1936. Nye concluded that the House of Morgan had plunged the US into WWI to protect loans and create a booming arms industry. Nye later produced a document titled The Next War, which cynically referred to “the old goddess of democracy trick”, through which Japan could be used to lure the US into WWII.

    In 1937 Interior Secretary Harold Ickes warned of the influence of “America’s 60 Families”. Historian Ferdinand Lundberg later penned a book of the exact same title. Supreme Court Justice William O. Douglas decried, “Morgan influence…the most pernicious one in industry and finance today.”

    Jack Morgan responded by nudging the US towards WWII. Morgan had close relations with the Iwasaki and Dan families – Japan’s two wealthiest clans – who have owned Mitsubishi and Mitsui, respectively, since the companies emerged from 17th Century shogunates. When Japan invaded Manchuria, slaughtering Chinese peasants at Nanking, Morgan downplayed the incident. Morgan also had close relations with Italian fascist Benito Mussolini, while German Nazi Dr. Hjalmer Schacht was a Morgan Bank liaison during WWII. After the war Morgan representatives met with Schacht at the Bank of International Settlements (BIS) in Basel, Switzerland. [13]

    The House of Rockefeller

    BIS is the most powerful bank in the world, a global central bank for the Eight Families who control the private central banks of almost all Western and developing nations. The first President of BIS was Rockefeller banker Gates McGarrah- an official at Chase Manhattan and the Federal Reserve. McGarrah was the grandfather of former CIA director Richard Helms. The Rockefellers- like the Morgans- had close ties to London. David Icke writes in Children of the Matrix, that the Rockefellers and Morgans were just “gofers” for the European Rothschilds. [14]

    BIS is owned by the Federal Reserve, Bank of England, Bank of Italy, Bank of Canada, Swiss National Bank, Nederlandsche Bank, Bundesbank and Bank of France.

    Historian Carroll Quigley wrote in his epic book Tragedy and Hope that BIS was part of a plan, “to create a world system of financial control in private hands able to dominate the political system of each country and the economy of the world as a whole…to be controlled in a feudalistic fashion by the central banks of the world acting in concert by secret agreements.”

    The US government had a historical distrust of BIS, lobbying unsuccessfully for its demise at the 1944 post-WWII Bretton Woods Conference. Instead the Eight Families’ power was exacerbated, with the Bretton Woods creation of the IMF and the World Bank. The US Federal Reserve only took shares in BIS in September 1994. [15]

    BIS holds at least 10% of monetary reserves for at least 80 of the world’s central banks, the IMF and other multilateral institutions. It serves as financial agent for international agreements, collects information on the global economy and serves as lender of last resort to prevent global financial collapse.

    BIS promotes an agenda of monopoly capitalist fascism. It gave a bridge loan to Hungary in the 1990’s to ensure privatization of that country’s economy. It served as conduit for Eight Families funding of Adolf Hitler- led by the Warburg’s J. Henry Schroeder and Mendelsohn Bank of Amsterdam. Many researchers assert that BIS is at the nadir of global drug money laundering. [16]

    It is no coincidence that BIS is headquartered in Switzerland, favorite hiding place for the wealth of the global aristocracy and headquarters for the P-2 Italian Freemason’s Alpina Lodge and Nazi International. Other institutions which the Eight Families control include the World Economic Forum, the International Monetary Conference and the World Trade Organization.

    Bretton Woods was a boon to the Eight Families. The IMF and World Bank were central to this “new world order”. In 1944 the first World Bank bonds were floated by Morgan Stanley and First Boston. The French Lazard family became more involved in House of Morgan interests. Lazard Freres- France’s biggest investment bank- is owned by the Lazard and David-Weill families- old Genoese banking scions represented by Michelle Davive. A recent Chairman and CEO of Citigroup was Sanford Weill.

    In 1968 Morgan Guaranty launched Euro-Clear, a Brussels-based bank clearing system for Eurodollar securities. It was the first such automated endeavor. Some took to calling Euro-Clear “The Beast”. Brussels serves as headquarters for the new European Central Bank and for NATO. In 1973 Morgan officials met secretly in Bermuda to illegally resurrect the old House of Morgan, twenty years before Glass Steagal Act was repealed. Morgan and the Rockefellers provided the financial backing for Merrill Lynch, boosting it into the Big 5 of US investment banking. Merrill is now part of Bank of America.

    John D. Rockefeller used his oil wealth to acquire Equitable Trust, which had gobbled up several large banks and corporations by the 1920’s. The Great Depression helped consolidate Rockefeller’s power. His Chase Bank merged with Kuhn Loeb’s Manhattan Bank to form Chase Manhattan, cementing a long-time family relationship. The Kuhn-Loeb’s had financed – along with Rothschilds – Rockefeller’s quest to become king of the oil patch. National City Bank of Cleveland provided John D. with the money needed to embark upon his monopolization of the US oil industry. The bank was identified in Congressional hearings as being one of three Rothschild-owned banks in the US during the 1870’s, when Rockefeller first incorporated as Standard Oil of Ohio. [17]

    One Rockefeller Standard Oil partner was Edward Harkness, whose family came to control Chemical Bank. Another was James Stillman, whose family controlled Manufacturers Hanover Trust. Both banks have merged under the JP Morgan Chase umbrella. Two of James Stillman’s daughters married two of William Rockefeller’s sons. The two families control a big chunk of Citigroup as well. [18]

    In the insurance business, the Rockefellers control Metropolitan Life, Equitable Life, Prudential and New York Life. Rockefeller banks control 25% of all assets of the 50 largest US commercial banks and 30% of all assets of the 50 largest insurance companies. [19] Insurance companies- the first in the US was launched by Freemasons through their Woodman’s of America- play a key role in the Bermuda drug money shuffle.

    Companies under Rockefeller control include Exxon Mobil, Chevron Texaco, BP Amoco, Marathon Oil, Freeport McMoran, Quaker Oats, ASARCO, United, Delta, Northwest, ITT, International Harvester, Xerox, Boeing, Westinghouse, Hewlett-Packard, Honeywell, International Paper, Pfizer, Motorola, Monsanto, Union Carbide and General Foods.

    The Rockefeller Foundation has close financial ties to both Ford and Carnegie Foundations. Other family philanthropic endeavors include Rockefeller Brothers Fund, Rockefeller Institute for Medical Research, General Education Board, Rockefeller University and the University of Chicago- which churns out a steady stream of far right economists as apologists for international capital, including Milton Friedman.

    The family owns 30 Rockefeller Plaza, where the national Christmas tree is lighted every year, and Rockefeller Center. David Rockefeller was instrumental in the construction of the World Trade Center towers. The main Rockefeller family home is a hulking complex in upstate New York known as Pocantico Hills. They also own a 32-room 5th Avenue duplex in Manhattan, a mansion in Washington, DC, Monte Sacro Ranch in Venezuela, coffee plantations in Ecuador, several farms in Brazil, an estate at Seal Harbor, Maine and resorts in the Caribbean, Hawaii and Puerto Rico. [20]

    The Dulles and Rockefeller families are cousins. Allen Dulles created the CIA, assisted the Nazis, covered up the Kennedy hit from his Warren Commission perch and struck a deal with the Muslim Brotherhood to create mind-controlled assassins. [21]

    Brother John Foster Dulles presided over the phony Goldman Sachs trusts before the 1929 stock market crash and helped his brother overthrow governments in Iran and Guatemala. Both were Skull & Bones, Council on Foreign Relations (CFR) insiders and 33rd Degree Masons. [22]

    The Rockefellers were instrumental in forming the depopulation-oriented Club of Rome at their family estate in Bellagio, Italy. Their Pocantico Hills estate gave birth to the Trilateral Commission. The family is a major funder of the eugenics movement which spawned Hitler, human cloning and the current DNA obsession in US scientific circles.

    John Rockefeller Jr. headed the Population Council until his death. [23] His namesake son is a Senator from West Virginia. Brother Winthrop Rockefeller was Lieutenant Governor of Arkansas and remains the most powerful man in that state. In an October 1975 interview with Playboy magazine, Vice-President Nelson Rockefeller- who was also Governor of New York- articulated his family’s patronizing worldview, “I am a great believer in planning- economic, social, political, military, total world planning.”

    But of all the Rockefeller brothers, it is Trilateral Commission (TC) founder and Chase Manhattan Chairman David who has spearheaded the family’s fascist agenda on a global scale. He defended the Shah of Iran, the South African apartheid regime and the Chilean Pinochet junta. He was the biggest financier of the CFR, the TC and (during the Vietnam War) the Committee for an Effective and Durable Peace in Asia- a contract bonanza for those who made their living off the conflict.

    Nixon asked him to be Secretary of Treasury, but Rockefeller declined the job, knowing his power was much greater at the helm of the Chase. Author Gary Allen writes in The Rockefeller File that in 1973, “David Rockefeller met with twenty-seven heads of state, including the rulers of Russia and Red China.”

    Following the 1975 Nugan Hand Bank/CIA coup against Australian Prime Minister Gough Whitlam, his British Crown-appointed successor Malcolm Fraser sped to the US, where he met with President Gerald Ford after conferring with David Rockefeller. [24]

  6. Sign the Stop Foreclosures NOW Petition
    Sign the Petition NOW,,,,

  7. Sign the Stop Foreclosures NOW Petition

  8. enter MARKETING. Who advertises every minute on TV, CHASE .

    Thank you Jamie Dimon. Where are BofA commercials?

    Chase is part of Federal Reserve System of banks.

    Withdrawn your money from banks and put into local credit union, where by the way the credit union employees and president do not make millions in salary’s.

  9. so if 99% of the people have debts somehow one way or the other to some banking or financial institution and if they all defaulted at once, who would loose? What if all 99% had some actual dollars on hand, like maybe most of their money, actual cash on hand, I mean ACTUAL DOLLARS under the mattress, not digit dollars. So if they had most of their money in actual cash,

    Let’s say 99% of the population , they had $100,000 in cash , and owed banks $200,000. And if they all at once said we are not paying back? Now what? Who looses? Would people still exchange those dollar bills?

    Enter speculator?

    Enter buy stocks, keep your money in a bank, 401k, IRA —all digit money.

    Keep your money.

  10. you are lost in your rules.

  11. MSoliman,

    “The gravamen for the government’s making a case for restoration of the economy implies that a cure does exist and will emerge here soon”

    What you and 99.9% of the people still don’t realize is “How money is Created”

    You have not asked yourself this question – “How is Money created, where does it come from?

    And I’m afraid you and TNHarry and others are lost because you are lost into the rules you have learned, rules from those that do not wish you to understand “how is money created, really”. And why, because the rules you learned and understand were taken from a scheme to perplex you with yet more rules. And more rules are added every year. IE tax code.

    I give you something, you give me something in exchange for it. Where did that go wrong?

    Credit – “Promise to Pay” .Leverage and Interest Rates. Who controls such rules? Why is it now so complex? For who’s benefit if so complex? Who’s game? Who’s Law?

    If simple law of “I give you something and you give me something for exchange”, what in Earth could possibly go wrong with that. Oh, it’s promise to pay. Credit.

    Why do we have BK laws, chapters 7, 13, maybe 20 soon.

    If banks are allowed to leverage loans 10 to 1, and you borrow 1000, but banks only on the hook for 100 (10 to 1), and you pay interest, and you borrowed 1000, but as time goes on, loose your job, but managed to pay 500, but yet books show you still owe 1000 because of compound interest, you paid only minimum. So bank says you are in default and loan secured by property of some sort, so turn over. All good.

    Went went wrong?

    What if no security, or piece of property, secured by loan? Unsecured? What does that mean? Promise to pay. I trust you. If you don’t pay back, why I’m fucked. But hey, this tax thing says I can deduct from my income, so I get a “TAX BREAK”. I don’t do business again with person, simple. Maybe create a system where us banks know between ourselves who to trust or not borrowing our leverage money, credit, FICO score system (please note not created by the USA Government) . What went wrong?

    Oh, let’s get people who default on debts declare loan as income, then they have to pay taxes as that is income, free money. oh, more rules.

    Who is running the show here? Lobbyists. Who controls them?

    Where did the Constitution get hijacked? Year 1913.

  12. The gravamen for the government’s making a case for restoration of the economy implies that a cure does exist and will emerge here soon . The current administration is blind or seriously bluffing about its desire to maintain home ownership and beliefs the matter will be resolved under the elixir of a successor Title II plan to the 2008 troubled assets relief program. Even with the recent changes to restoring the economy under 2011 Dodd Frank Title II legislation are a deeper underlying current of controversy yet to surface.

    If the promised concessions fail to expose the inherent facts need to honestly assess the ongoing crisis then what the optimisim is for if not to simply quell the public at large.

    Full disclosure and unavoidable acknowledgement of what transpired in housing commencing in 2000 and back further to the Bush Sr Administration will support the government’s efforts to free itself of the drains of carrying domestic housing. In this assessment one only needs to look to the failures of the alphabet mix of collective entities a with massive budgetary requirements and unprecedented overlap that serendipitously have distorted the true employment figures (many jobs could be eliminated)

    There is no cure or remedy is sufficient to avoid the risk of inevitable failure and the current experiment into transferring the public for private sectors role in housing got away from the prior administration under President Cheney.

    At risk herein is a foreclosure crisis in America that is traveling like a tsunami at at tortious pace. It’s the “hare” or appointments by government that are racing to cures the crisis and that is the elixir referred to herein . It’s called a “robust Market.

    What Went Very Very Wrong.

    Key arguments, that are soon to emerge in an embarrassing revelation of what really has occurred are a two decade long effort to switch ovr to a scattered and unaligned system of state enforced mortgage and deed rules and procedures’ , laws in general that differ from state to state. Foreclosure by mortgage or by deed are so dipsuirsed in understanding of the title holders rights that an obvious cure is found in the effect and more correct approach of relying upona UCC filing under a nationswide syste, of recrding and registrations.

    This is one reason MERS is here to stay and appellate courts are finding their favorable decisions are made in err. Basis for hearing arguments are often irrational or in particular ill afforded the facts that underscore the truth in the matter of domestic convergence under a record and mortgage electronic registry scheme that covers the true holder in due course and protections afforded a UCC filing.

    So why was the homeowner in foreclosure not forewarned of this election to impose and enforce on the American homeowners the will of the people and for and by and etc. Why were titles holders not given the chance to allow the congressional representative and legislative branches determine if other alternative program makes sense?

    My concern is for the failure of the public to private, and now back to public deployment of the MERS platform having emerged with no consideration for disparity amongst minorities. Does this all sound like a liberal theory . Well atotnrys fightin MERS need to realize the two biggest members of the MERS family are Fannie and Freddie.

    What I am afraid is emerging is a a misappropriated degree of “blind” and random foreclosures that could be argued as the fallout from the MERS experiment. It’s the Future Shock prophecies’ gone Soylent-Green. The numbers are slow to emerge whereby close scrutiny must be applied to MERS regional production numbers. HOPE, NACA and other rants and raves will further distort the MERS machine only to confuse the matter of unbiased bank transfers and recovery of property having converted title to MERS long before foreclosure

    My guess is heavy populations of regional foreclosures will not read well if the figures were distributed over certain populations of minority communities. Nor shall the MERS reporting bode nicely for lower income areas concentrating minorotoeiy housing that was given and then takeaway.
    white and black of the nation .

    Does Congress still have say in the MERS betterment for society program that is nationalizing the housing sector. If the program offers a blind eye to racial issues under a benign or sterile electronic approach then let’s look at statistics.

    I personally opposed MERS for racial, economic conisderations against other economic soical reasons affecting deprived areas. Areas of the US that may suffer discriminatory practices under the registrar.

    So, do I believe MERS is guilty of the numbers that may emerge with disproportionate disparity in foreclosures across America? NO!

    What I do believe is that the secotor is using MERS to shelter corporate America discriminatory lending practices and bank culpability under HMDA and claims for unconscionable lending practices.

  13. The gravamen for the government’s making a case for restoration of the economy implies that a cure does exist and will emerge here soon .

  14. usedkarguy…
    re hsbc & diversity , i think the removal to fed would be if you plead a federal question [ this is an under-educated guess],
    but hey, they do posture with impunity all the time .

  15. Mr. Garfield,

    Just sent you an email, please open the attachment and




  16. good advice, harry. make a “qualified” denial, as to “where’s the back page?” where’s the assignment?” “the alllonge is not needed”, etc.
    carie, there is nothing illegal about selling your loan forward; you signed “agreement to assign” included in your note, or on a separate disclosure.

    make sure you state a claim “upon which relief CAN be granted”. Don’t attack the trustee for claims against the originator. Don’t claim “failure to modify” as there is no right to a modification. fraud must be plead with specificity.

    my pleading was filed Friday, very much like what you are saying here, only additional charges for the “failure to supervise employees, fiduciary violations” and “:UDAP”, “WOCCA”.

    question harry or jan or Bob G.: as HSBC is a foreign corporation to the state, and Wells is not, can they move on “diversity” to get me to FED court?

  17. “Going by the pace of home repossessions so far this year, Sharga estimates banks will take back 800,000 homes this year, down from more than 1 million last year.”

    …the rape and pillage continues…

  18. carie, no where in the mortgage docs does it say mers is nominal mortgagee for the purpose of hiding the real party of interest from the public record. a lot of things are not said in the mortgage docs.

  19. I’m still not getting this: NO where in the original “loan” docs does it say ANYTHING about the fact that this will be a “securitized” loan—how is that ok?
    Absolutely NOTHING about what was going to happen after I signed on the dotted line…how does a judge see that as legal???

  20. My only caution here would be to be judicious in the “denials”. For instance, don’t “deny” the note and deed of trust outright. Barring some real fraud or forgery, those are your signatures on the documents. Objecting to them as not truly representing the transaction may be more feasible. The point I’m trying to make is that blanket objections as opposed to targeted, specific objections could have the result of making you look difficult or stubborn in the eyes of the judge and could backfire by way of lessening the impact of further objections. Just my two cents.

  21. A good reminder to object to EVERYTHING and admit nothing. Thank you for posting.

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