BANK AMNESTY: Attempting Again to Corrupt Florida Title and Foreclosure Process

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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

WRITE YOUR LEGISLATORS NOW!!!

“In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure or to establish or re-establish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure, the court shall treat such request solely as a claim for money damages and shall not grant relief which adversely affects the quality or character of the title to the property.” — Proposed legislation

Editor’s Comment: After failing to convert Florida to a non-judicial state and thus avoid all those pesky evidence issues that people normally must conform to in order to get relief from a court, the Banks are trying again to corrupt the title registries in Florida even worse than they already done. In order to clear title they are going to need the signature of the homeowner who was deceived from the the beginning. They know that will cost a lot of money. So they are trying to sneak through legislation in many states that amounts to amnesty for fraudulent foreclosers, thus ratifying the theft of homes on a grand scale.

The proposed law is suggested as a “reset button” so the title is ratified in aback-handed way. It limits the borrower to money damages, which the Banks might regret if they get their wish. Most of you were foreclosed out of ownership of your home by a non-creditor who pretender to be a creditor, and you still don’t know the real amount due on your obligation because they still have not even begun to offer an explanation of the third party payments from insurance, credit default swaps, cross-collateralization, over-collateralization, and other means, which means that you lost your house to someone who was (A) not your lender and (b) never was and (c) never had dime into the transaction without accounting for the actual loss or identifying the party who lost money, if any.

The proposed law would prevent you from asserting your rights under established property law in each state — something that cannot be changed on the Federal level where this would probably pass in a snap but be patently unconstitutional. It means that even if the property was stolen from you using forged fabricated documents and intentional misrepresentations in Court by counsel and clients, you can’t get it back (if the law is passed).

The attraction or hook here is that the Banks want to avoid a “reset button” that would invite a deluge of litigation over property rights. It is attractive to some legislators because it pretends to address the issue of disruption of the marketplace. The Banks are saying to legislators that this is the only way to clear the marketplace of problems and get the market moving again. It is a tacit admission that they stole the properties — over 5 million so far. It isn’t legal or proper — it’s political. The Banks are using their money to buy legislators and thus buy their way out of a trillion dollar problem with a couple of hundred million dollars.

If it is passed, even if it is challenged in the Courts, it will take many years to run through the Courts. It will give the Banks a colorable right to go full scale on the rest of their intended foreclosures, depriving each homeowner of their home, subject to eviction by a party who has nothing to do with their mortgage. YOU MUST MAKE IT EXTREMELY UNCOMFORTABLE FOR LEGISLATORS TO PASS THIS LEGISLATION OR ANYTHING LIKE IT. WRITE YOUR LEGISLATORS, AND KEEP WRITING THEM. MARCH ON THE CAPITAL. DO WHATEVER IT TAKES TO PREVENT THE BANKS FROM GETTING THE AMNESTY THAT SHOULD GO TO INVESTORS AND HOMEOWNERS.

BOMBSHELL-The Banksters Strike Back- The Florida Foreclosure Fraud Forgiveness Act of 2012
August 13th, 2011 | Author: Matthew D. Weidner, Esq.
THEY’RE BAAACKKKKK—–WATCHOUT!

The banksters are in trouble. Big trouble.

They have made a crime scene of our nation’s formerly sacred public records.

They have blatantly and without remorse ignored hundreds of years of real property law.

They have blatantly and without remorse ignored and disregarded fundamental and Constitutional law that form the very foundation of our entire country.

They have blatantly and without remorse disregarded rules and procedures that have governed and kept secure the court systems all across this entire country.

And now they want a free pass. They want to just walk away from it all.

They have introduced souped up version of the prior (and very ugly) non judicial foreclosure bill. Make no mistake this is one of the ugliest, most anti-consumer pieces of legislation ever introduced in this state.

This is the Bad, Bad Bankster Fraud Forgiveness Act of 2012!

Have a read at some of the lowlights!

Once suit has been filed, the public interest is served by moving foreclosure cases to final resolution expeditiously in order to get real property back into the streamof commerce… (NO FOLKS, ONCE A SUIT HAS BEEN FILED OUR COURTS SHOULD BE FOCUSED ON UPHOLDING HUNDREDS OF YEARS OF LAW)
Section 57.105, Florida Statutes, (Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee) is repealed. (THE FRAUDCLOSING PLAINTIFFS ARE PAYING ATTORNEYS FEES FOR IMPROPER CONDUCT, THIS WOULD PROTECT THEM FROM PAYING FOR THEIR IMPROPER CONDUCT.)
Following dismissal of the foreclosure case, and upon request of the plaintiff, the clerk may return the original promissory note without need for further order of the court. (WHY, SO THE NOTE CAN BE SOLD TO A ZOMBIE DEBT COLLECTOR?)
In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure or to establish or re-establish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure, the court shall treat such request solely as a claim for money damages and shall not grant relief which adversely affects the quality or character of the title to the property. (THIS IS A BIGGIE PEOPLE, THIS IS THE REAL BIG ONE HERE, THE GET OUT OF JAIL FREE CARD!)
After foreclosure of a mortgage based upon the enforcement of a lost, destroyed or stolen note, a person, not party to the underlying foreclosure action, who claims to be the Actual holder of the promissory note secured by the foreclosed mortgage, shall have no claim against the foreclosed property after it has been conveyed for valuable consideration to a person not affiliated with the foreclosing lender. (ANOTHER RED ALERT BIGGIE HERE, A TOTAL REWRITE OF EXISTING LAW)
In uncontested mortgage foreclosure proceedings, the court shall enter final judgment within 45 90 days from the date 0of the close of pleadings. (GOTCHA!)
Where the amount of principal and interest, exclusive of fees and costs, owed to a foreclosing lender equals or exceeds 120% of the just value of the property subject to
foreclosure, as determined by the county property appraiser in the most recent certified tax roll, the foreclosing lender may elect to foreclose without a judicial sale of the property. (THIS HERE IS THE REAL THING, GOTCHA!, GOTCHA!, GOTCHA! WE DON’T NEED NO STINKIN’ JUDGES OR COURTS OR DUE PROCESS!)
In any mortgage foreclosure action, upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney. (REMEMBER ABOVE WHEN THEY ELIMINATED THEIR OWN LIABILITY FOR ATTORNEY’S FEES IF THEY WERE CAUGHT? WELL, THEY ADDED FEES AGAINST DEFENDANTS. THIS PUNITIVE SECTION WILL PREVENT ANY CONSUMER FROM HAVING ANY ATTORNEY REPRESENT HIM IN COURT.)

Now, the real question is who is going to sponsor this MOST ABSOLUTELY HORRIBLE, ANTI-CONSUMER legislation? Now just for starters, even before session begins, this thing has already been drafted. Who drafted this bill? What special industry group paid for and submitted this? What banking group, what group of foreclosure mills? What special industry groups?

MAKE NO MISTAKE THIS LEGISLATION IS BOUGHT AND PAID FOR AND IT WILL BE A TOP PRIORITY OF THE 2012 LEGISLATIVE SESSION!

AND WHAT CAN YOU DO TO FIGHT AGAINST IT? FILL OUT THE PETITION at

http://mattweidnerlaw.com/blog/wp-content/uploads/2011/08/WeidnerPetition2.pdf

THEN MAIL IMMEDIATELY TO:

MATTHEW WEIDNER

329 4TH AVENUE SOUTH

ST. PETERSBURG FL 33701

This YOUR chance to be part of the MOST EXCITING REVOLUTION to sweep Florida politics in a generation. This opportunity to make your voice heard comes around only once every ten years. Please make the most of this opportunity. Print out multiple petitions and have your neighbors, friends and co-workers sign as well! Please forward this post around to as many of your social networks are you can. Remember, this is not just about getting me on the ballot, this campaign is about GETTING REAL, EVERYDAY FLORIDIANS THAT CARE ABOUT AMERICA ON THE BALLOT!

The crucial thing to understand about this is any registered voter, from any county in Florida, from any party can sign this petition to get me on the ballot! This incredible quirk of the petition process comes around only once every ten years. And it just so happens that in this tenth year, the incumbent politicians are more vulnerable than ever before.

DO NOT MISS YOUR CHANCE TO BE PART OF HISTORY!

SIGN THE PETITION, PRINT OUT SEVERAL AND PLEASE MAIL ORIGINAL PETITIONS TO ME IMMEDIATELY!

PLEASE CLICK HERE TO ENSURE THAT YOU ARE REGISTERED TO VOTE

http://election.dos.state.fl.us/voter-registration/voter-reg.shtml
See more details at
http://mattweidnerlaw.com/blog/register-to-vote-do-it-now-dont-wait/

2011+draft+sent+to+bill+drafting http://mattweidnerlaw.com/blog/wp-content/uploads/2011/08/2011+draft+sent+to+bill+drafting1.pdf

25 Responses

  1. @fred
    On my below post the last two words got cut off
    It should read:
    There is no shortgage of people wanting their share of
    illegal profits.

  2. @fred

    I like people with expertise on banking law.
    So you know that
    according to our US Constitution,
    a Bank is prohibited from lending their credit.

    The abominable banking system that is in place today, gives a bank great incentive to foreclose on an Ultra Vires contract, as the bank demands lawful money returned for the unlawful money lent.

    By what Authority are the Banks doing this? There is no authority for doing this. This is in complete prohibition to Art 1 Para 10 Cl1 of our US Constitution.

    All of our cases with slightly different facts all stem from the same Fraud.
    The Bank did not lend you ‘LAWFUL MONEY” but the Bank intentionally wrote
    a “bad check” and gave it to you –to circulate as “money”

    I certainly did not know this kind of fraud was going on when I signed my mortgage and note. Did you?

    The Mortgagor puts up a down payment, the Mortgagor pays a lot of fees and probably paid an attorney to represent them, all in order to get this “bad check”

    Would a Mortgagor have put in all that money, if one knew the truth of how the Banks ran their illegal business. I bet not.

    Did anyone notify you after that big day – the Bank’s check bounced – of course not. When the check that the Bank wrote came back to the Bank that wrote it, the bank didn’t say “we only have 5% , if that much and it was not stamped “insufficient funds” the bank stamped it “paid”

    So since the Bank did not have the money sitting in the bank’s account when they wrote the check, what the bank gave you is their credit.

    That is exactly what is prohibited by Art. 1 Para 10 Cl 1 of the US Constitution.

    What authority gives the Bank the right to make contracts with “bad checks”

    Nothing- Nada.

    “Lawful money” is needed to make a contract valid.

    Over and Over Mortgagors gave a Bank a mortgage on their castle , in return for a Bank giving you a credit entry on their books and charging you Interest on this credit. Also illegal.

    Did the Bank give you lawful money or is that what you got, credit?

    Banks are not allowed to lend their credit- Banks are in the business to lend
    “lawful money” There is not a Bank charter that allows a Bank to lend their credit.

    And as we continued to make monthly payments the Bank collected more money on their fraud.

    You try writing a check when you don’t have funds sitting in your account to cover it.
    You can be sure that check is coming back marked”insufficient funds” You are not allowed to do it and either is a Bank.

    This scam of Ultra Vire contracts caused injury to us, the true homeowners.

    In addition the banks are laundering “bad checks”.

    The Banks violate Truth in Lending Laws.

    The Banks are collecting Interest on money that doesn’t exist. (Lending you 5% and collecting Interest on 95% of thin air)

    And once the Bank gets their Ultra Vire contract going, they start flipping them to MERS, Securitizations , Wall Street, Title Companies etc. there is no shortage of people all wanting to get their piece of the

  3. I have some expertise in property law but have little idea what this is about. Please try to write more clearly in future postings.

  4. The biggest mistake people of this nation had ever done is to give their money free to these greedy banks with no help from them. We either outlaw foreclosure or demand the free money which was given to them. Why is it that banks could have free money and people could not have free homes. The government would have given free homes instead of giving free money to banks of which they already squandered by giving big bonuses, replacing touch screen ATM machines and installing fancy gadgets that hardly work well.

  5. THE BANKING SYSTEM AS IT IS RUN IS DESTROYING OUR GREAT COUNTRY. LET THEM ALL GO DOWN THE DOWN THE TOILET.

    THIS IS NOT THE BANKING SYSTEM ENVISIONED BY OUR CONSTITUTION

    THIS BANKING SYSTEM IS PROHIBITED BY OUR CONSTITUTION.

  6. @venu

    we have to go for the foundation of the fraud perpertrated by these crooks which is in the the original ultra vire contract.

  7. Why don’t WE THE PEOPLE outlaw foreclosure? Having a home to live is a fundamental right of any human being in a civilized society. <

    Some countries do have laws in place to avoid eviction of tenant if a tenant cannot or afford to find another place to live. Why can't we have it here? The USA is suppose to be a developed country.

  8. My last post should only have my post about Ultra vires contract and the US constitution. I don’r know why everything else came up with it. Sorry.

  9. Everyone in flolrida should be signing that Petition and sending it to Matt.

    On top of that we need a Petition from every State, insisting that any Ultra vires contract made by a bank is Null and void pursuant to
    Art 1 Para 10 Cl 1 of the US Constitution.
    Here in simple language is why.

    The abominable banking system that is in place today, gives a bank great incentive to foreclose on an Ultra Vires contract, as the bank demands lawful money returned for the unlawful money lent.

    By what Authority are the Banks doing this? There is no authority for doing this. This is in complete prohibition to Art 1 Para 10 Cl1 of our US Constitution.

    All of our cases with slightly different facts all stem from the same Fraud.
    The Bank did not lend you ‘LAWFUL MONEY” but the Bank intentionally wrote
    a “bad check” and gave it to you –to circulate as “money”

    I certainly did not know this kind of fraud wass going on when I signed my mortgage and note. Did you?

    The Mortgagor puts up a down payment, the Mortgagor pays a lot of fees and probably paid an attorney to represent them, all in order to get this “bad check”

    Would a Mortgagor have put in all that money, if one knew the truth of how the Banks ran their illegal business. I bet not.

    Did anyone notify you after that big day – the Bank’s check bounced – of course not. When the check that the Bank wrote came back to the Bank that wrote it, the bank didn’t say “we only have 5% , if that much and it was not stamped “insufficient funds” the bank stamped it “paid”

    So since the Bank did not have the money sitting in the bank’s account when they wrote the check, what the bank gave you is their credit.

    That is exactly what is prohibited by Art. 1 Para 10 Cl 1 of the US Constitution.

    What authority gives the Bank the right to make contracts with “bad checks”

    Nothing- Nada.

    “Lawful money” is needed to make a contract valid.

    Over and Over Mortgagors gave a Bank a mortgage on their castle , in return for a Bank giving you a credit entry on their books and charging you Interest on this credit. Also illegal.

    Did the Bank give you lawful money or is that what you got, credit?

    Banks are not allowed to lend their credit- Banks are in the business to lend
    “lawful money” There is not a Bank charter that allows a Bank to lend their credit.

    And as we continued to make monthly payments the Bank collected more money on their fraud.

    You try writing a check when you don’t have funds sitting in your account to cover it.
    You can be sure that check is coming back marked”insufficient funds” You are not allowed to do it and either is a Bank.

    This scam of Ultra Vire contracts caused injury to us, the true homeowners.

    In addition the banks are laundering “bad checks”.

    The Banks violate Truth in Lending Laws.

    The Banks are collecting Interest on money that doesn’t exist. (Lending you 5% and collecting Interest on 95% of thin air)

    And once the Bank gets their Ultra Vire contract going, they start flipping them to MERS, Securitizations , Wall Street, Title Companies etc. there is no shortage of people all wanting to get their piece of the illegal profits.

    tony, on August 12, 2011 at 4:15 am said:
    Some how I knew someone would go off and say something crazy like that. I know more of the constitution than you think Pat. Believe me you really don’t want to go there. While you have been just writing on blogs and guessing out comes, I was in front of the supreme court on issues and have been very successful in doing do.

    My constitutional law is very well in tuned. For this very line that you say where does it say, is where slavery was freed from, interracial marriages was won from, the right to schooling in the sames schools, gay marriages, and any other “civil” case that has went in front of this land.

    Not knowing this you are lost and you can not find your way out. This document came first before all others. This document is the corner stone and the reason why were are not under British rule.

    You are following the anti federal list papers? If so then you are way off on what you read. For they were against this new form of government in the first place. Also lets go on the anti federalist papers.

    George Clinton (wasn’t really anti since later what he said he hated later he joined to be vice president), Robert Yates (was probably the one of the only that stood by his words and fought against the new form of government), Samuel Bryan (another who knew that this document was not why they fought a war and that this Constitution was only going help the elite) , and Richard Henry Lee (well we should all know about him.)

    These very people are the one that used this document that you keep dodging. Read it again maybe you will understand.

    cubed2k, on August 11, 2011 at 8:58 pm said:
    @ian

    “always beware of a profession which requires a change of clothing”

    ——————

    I like that. Sorry ladies, not to be crude or offend anybody,

    But, when naked, all these men have the same dicks and balls and they do not look so powerful. Ie, obama, jamie dimon, timothy geithner, lord frankenstien of Goldman sucks and so on..

    Who knows, maybe they have pencil dicks and peanuts?????????????

    ian, on August 11, 2011 at 8:23 pm said:
    cubed2k- Henry David Thoreau said ” always beware of a person who charges a fee. Also, “always beware of a profession which requires a change of clothing” . The second one is pertinent these days- If an attorney arrives in court with a $2000 suit and $500 shoes, he gets attention. If he shows up in cutoff shorts and a Tshirt with paint and spackle on it, carrying his papers in a trash bag, what reception do you think he would get? Exactly, it is all appearances. Same as the banksters, they have judicial sentiment on their side based on appearances.

    cubed2k, on August 11, 2011 at 8:12 pm said:
    @tnharry,

    oh, it’s not called a tax, it is called a fee or an assessment. Whatever.

    Mind you I am just talking, agreeing with you , not arguing with you, in my last few comments..

    cubed2k, on August 11, 2011 at 8:06 pm said:
    @tnharry

    And thus that is the problem with the economy,

    the rules are so complicated and convoluted, nobody knows what is going on, so we have a no game situation. Meaning nobody wants to play the game anymore cuz the rules of play are too complicated.

    What if the game of football had thousands of rules added every year, every year. People would not play anymore, people would not watch anymore, it’s too god damn complicated.

    Thus your tax code, legal codes, laws on the books locally, on and on.

    How many items are we taxed for nowadays to solve a problem? telephone tax, FCC tax, gas tax, toll booth, water tax, housing tax, on and on. Nobody can own anything w/o being taxed for it. Even a god damn dog, got to have a dog license tax.

    Pat, on August 11, 2011 at 8:00 pm said:
    Tony,

    Obviously you cannot read or have limited ability to comprehend the written word.

    I told you to quote me where the US Constitution or the Bill of Rights says that there is a “right to home ownership”. You did not do that.

    Instead, you quote from the Declaration of Independence. And in the part you quote, nor in any other part, is there a “right to home ownership”

    Then, you call me “unamerican”. FYI, I enlisted in the military, and served my time honorably in the 70″s. I go by the Constitution, and am more of an Anti-Federalist, if anything. (Read the writings of the Anti-Federalists and you will find that they predicted exactly what would happen to the US and its government if the Federalist approach was taken.)

    You do not know or understand the Constitution or the Bill of Rights, if you cannot distinguish between those documents and the Declaration of Independence. I suggest you spend some time taking remedial Civics courses.

    cubed2k, on August 11, 2011 at 7:54 pm said:
    @tnharry,

    If everybody was equal, there would be no game. If everybody has equal rights or equal rules, we have a game. The best win. When the rules to the game are changed in favor of those that have money and get it by changing the rules for their benefit, we have a no game situation. We have a problem HUSTON. When the rules are made so complicated that the maker of rules don’t even know the rules anymore, we have a problem.

    cubed2k, on August 11, 2011 at 7:47 pm said:
    @tnharry:

    “let’s start a petition to say transportation is a right. everyone should have a mercedes. and maybe a personal jet too.
    this kind of nonsense moves the cause backward, not forward. or maybe communism is what some of your would prefer”

    I agree tnharry with your statement. You are correct.

    carie, on August 11, 2011 at 7:16 pm said:
    Check it out:

    http://www.huffingtonpost.com/2011/08/11/jpmorgan-chase-repurchases-soldiers-home-iraq_n_924557.html

    Jamie Dimon (and all Chase fraudsters), should be hung by his ….. for foreclosing on military people when they aren’t even REAL MORTGAGES!!! G** damn him!!!! Tell the Effing TRUTH!!! PIGS!!! ALL OF THEM!!!

    mary, on August 11, 2011 at 7:10 pm said:
    IF the courts understood the fraud and forgery TBTF banks perpetrated AND understood the PSA violations committed by the parties who made these documents, AND, IF the Rule of LAW applied to Banks as well as Taxpayers, and IF BANKS were FORCED to PAY Honest Restitution for the damages of the war on our economy, THEN our economy could be on its way to healing. BUT as it stands each homeowner has to go to court and fight for their families homes. This court battle will not be settled for years to come. Those who buy foreclosed homes stand to hear a knock on their door for the pending lawsuit by the former homeowner.

    Every law the banks have broken they have tried to manipulate the law, create a new law, or just ignore the law, pay off regulators with favors or money or promises and etc. Homeowners MUST do whatever they can to fight. Banks do not want folks to own their own homes nor do they want any of us to have discretionary cash. Banks are selling debt and only debt and they want us as their slaves, but they also want us as their customers. I hope they all come crashing down in one big heap.

    tony, on August 11, 2011 at 5:45 pm said:
    Declaration of Independence
    IN CONGRESS, JULY 4, 1776
    The unanimous Declaration of the thirteen united States of America

    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

    So now Pat you have it now read it, I’m sure that part is in there.

    What the person in California is doing is correct and if you don’t believe it is then you are unAmerican and are bankAmerican.

    MarB, on August 11, 2011 at 5:02 pm said:
    Good response Tony!!!

    tony, on August 11, 2011 at 9:35 am said:

    All houses are the same , and we do live in government housing. You are just trying to act like government housing is where the so called poor people live.

    FHA loan is government housing, VA loans= government housing. Conventional loans are given with government over site which means yes we are in government housing. The best part is that government is suppose to be ran by the people and for the people. Not by the bankers for the bankers.

    What the so called elite want is that private companies rule United States and there is no government. Since they can’t have no government then they want less government over site. I mean you can not get any better example than this whole housing crisis to see that.

    Now they want a bailout from it. If no one want to give a free house then why is it ok for banks to get free bailout of debts? if the saying is “we all have to work hard” then sometimes hard work still brings failure. So we should of let the banks failed and move on.

    Instead we bailed out banks then tell the public nothing for you though, sorry we don’t get involved in private matters.

    leapfrog, on August 11, 2011 at 4:06 pm said:
    I’m in California and I’ll be happy to sign it. If the banksters don’t get their way they will always whine that the sky is falling and there will be no more lending and tanks on the streets and all kinds of other BS. Screw the banksters.

    Pat, on August 11, 2011 at 3:26 pm said:
    I still monitor this website, and for this one article, I will comment since I am in CA.

    Benson will get the 800k signatures for getting the initiative on the ballot,unless the lenders are able to block the initiative. He will get the signatures because the initiative process in CA is a joke. it is always possible to get a Californian to sign any petition. Hell, they never even read it, if it sounds good when the person passing the petition around makes it sound okay.

    Prior to the election, this will be a major pr battle, with the lender spending load of money to get it voted down. There will be less money spent on the pro initiative side, but the money will still be considerable.

    The initiative will likely pass because of the vase amount of underwater homeowners, the numbers who have been foreclosed upon, and the general hatred for banks.

    But that only begins the real battle. It will be fought in the courts, with arguments that it would violate the Contract’s Clause of the US Constitution. Furthermore, there maybe issues of Federal Preemption involved.

    During the time that the case is going through the different courts, the same thing will happen as to what happened in the early 1990′s when the Insurance Industry suffered a similar initiative. The ability to obtain insurance was severely restricted, with many insurance companies abandoning CA until the initiative issue was finally settled.

    Lenders will cease lending until the case is settled. In the event that the initiative is upheld, lenders will require large down payments to counter the future potential for “underwater” loans. Most people will not be able to make the down payment, so they will be declined.
    In short order, another round of homes decreasing in value will occur.

    As to those who claim home ownership is a “right”, I am looking at my copy of the Constitution and the Bill of Rights and cannot find it anywhere. Please direct me to where that right is granted. I must read it for myself.

    tony, on August 11, 2011 at 9:35 am said:
    All houses are the same , and we do live in government housing. You are just trying to act like government housing is where the so called poor people live.

    FHA loan is government housing, VA loans= government housing. Conventional loans are given with government over site which means yes we are in government housing. The best part is that government is suppose to be ran by the people and for the people. Not by the bankers for the bankers.

    What the so called elite want is that private companies rule United States and there is no government. Since they can’t have no government then they want less government over site. I mean you can not get any better example than this whole housing crisis to see that.

    Now they want a bailout from it. If no one want to give a free house then why is it ok for banks to get free bailout of debts? if the saying is “we all have to work hard” then sometimes hard work still brings failure. So we should of let the banks failed and move on.

    Instead we bailed out banks then tell the public nothing for you though, sorry we don’t get involved in private matters.

    tnharry, on August 11, 2011 at 9:16 am said:
    is the answer really that since we all have a right to housing that we all then live in government housing? that’s the logical conclusion of that line of thought. because if it’s a common right, then your house can’t be better than my house, so all the houses need to be the same.

    tony, on August 11, 2011 at 9:03 am said:
    For one tnharry dose not know economics. The builder was given a medium of exchange not cash. The medium is a FRN, just like if I gave the builder some sheep for a house. The medium of exchange is sheep.

    The unjust enrichment is something was given unjustly. If he court says you owe 30,000 for the unjust you’re still only getting a medium of exchange not any real dollars. The law was made to take a medium, of exchange and that you can not redeem the medium.

    There was a story awhile back of a paper clip that was traded on craigslist. That paper clip was traded so much that it got someone a house and a lot more things. The paper clip was the medium and it was able to be traded for bigger and bigger things.

    tony, on August 11, 2011 at 8:50 am said:
    A right of transportation is a right. No one said that you need a Benz to travel. For one a Benz is a brand not a car.

    tnharry, on August 11, 2011 at 8:40 am said:
    @marilyn – that’s a nonsensical theory going back to the freemen/sovereign man camps

    marilyn lane, on August 11, 2011 at 8:17 am said:
    @tnharry

    I am on my way to having my computer repaired.
    I will have it back Saturday or Sunday and I will give you the answer.

    Meanwhile you look for the law that says a Bank is allowed to create their own money.

    marilyn lane, on August 11, 2011 at 8:08 am said:
    @tnharry

    I worked hard my whole life without any complaints.

    I lived the life I wanted till the damm crooked debt collector attorneys Mullooly Jeffrey Rooney & Flynn prepertarated a foreclosure scam by hiding four mortgage checks.

    I started as a one man army fighting the fraud that went on between the banks, the court ,the title companies etc.

    Now this army is big.and we have power and we will fight back against the banks, the courts, the title companies that stole or are trying to steal possession of our properties.

    tnharry, on August 11, 2011 at 7:41 am said:
    let’s start a petition to say transportation is a right. everyone should have a mercedes. and maybe a personal jet too.

    this kind of nonsense moves the cause backward, not forward. or maybe communism is what some of your would prefer

    tnharry, on August 11, 2011 at 7:38 am said:
    @marilyn – show me one time that argument has actually worked. there was real money. if you bought your house from a prior owner, they were paid real money. if you bought your house from a builder, there was real money changing hands. it starts to make more sense from the standpoint of refinances, but for initial purchases, that doesn’t work.

    and for the advancement of the argument, what if the contract is void? then unjust enrichment would operate to create a quasi-contract. you got the house, after all. you can’t deny that there was consideration and performance

    tony, on August 11, 2011 at 7:37 am said:
    Home ownership is a right it is not a gift. For the banks do not provide us a way to get a house they, are only a middle man always wanting something for free. I mean no one would argue that banks create money out of think air.

    So if they create money then you are not lending money. I am just telling you to use my medium of exchange. Oh and it doesn’t hurt to have the government to give you its blessing.

    What we need is just people to say enough of using me and living off the fat of the land. What I really get from the writer is that he is tired of hearing that he has no rights period.

    This country is not based on work hard and one day you can live good like us. For if it was people would of never left England to come over to N America. They knew that saying might sound good but, in reality they were looking at a glass ceiling. They were never going to reach what England said you could reach.

    I mean lets be honest when they left England and tried to do it the “American way” , they got lazy, thus slavery was introduced in the colonies. We have always been a lazy I want it quickly state of being. That its why this “only buy a house you could afford” is bull crap. People you can’t afford it if you got a loan in any amount.

    Housing is not a right people say? (and I don’t mean renting) Why is then the first thing you look for no matter where you are at is shelter?There is nothing on this earth that does not look for shelter. While the making of this bill might not pass, it still brings into light what real passion is. Passion to be free from a group of blood thirsty bankers wanting things for free.

    marilyn lane, on August 11, 2011 at 7:26 am said:
    that California man got it right.

    Forelosures are illegal since the original loan documents are ultra vires contracts.

    If John Gotti made an illegal contract with you cause he gave nothing but counterfeit money as his part of the bargain, that contract in every court would be null and void.

    So too when a Bank does the same illegal thing.
    What law is there that allows a bank to creat their own form of money completely prohibited by Article 1 Para 10 Cl of the Constitution and write a contract on this fake money.

    tnharry what law is there?. There is none.

    How about all the states getting organized and getting signatures and putting it on the ballot.

    leo, on August 11, 2011 at 7:11 am said:
    I though this is a serious website. Posting this type of none sense is down right stupid and reflects negatively on you

    tnharry, on August 11, 2011 at 6:50 am said:
    why promote ridiculous proposals by giving them publicity on this site? there is no right to home ownership. the quote could not be more accurate – this proposal would decrease home ownership because no mortgage companies would do business in CA ever again

    Venu, on August 11, 2011 at 5:07 am said:
    WHEN the govenment is not helping the people to modify mortgages, it is time, WE THE PEOPLE help each other to solve this problem. First, DO NOT BUY FORECLOSED HOMES. Secondly, make foreclosure as illegal because some banks seem to be getting the owners out of their homes and bulldozing them. This is disheartening.

    WE THE PEOPLE MUST NOW ACT.

    neidermeyer, on August 11, 2011 at 3:39 am said:
    This would be a disaster , no lender would dare operate in the state , we don’t need a ban on redress , we need fair courts. If this were enacted the pool of buyers would be cut by a huge amount , to the “cash only” crowd , prices would crash (may be a good thing to bring California back in line with the rest of the country) …

    Alessandro Machi, on August 11, 2011 at 3:15 am said:
    Too bad there is no mention of the theft of the down payment and in many cases, built up equity. That is something that EVERYBODY can relate to.

    So much time is spent by the media focusing on the 25% of homeowners who are upside on their home mortgage, but there is another 50% of homeowners who do have home equity in their home and who one day could lose it if they first lose their job.

    Add in if they are taking care of a family member and the time when they most need to tap home equity could be the time used to foreclose on them instead and just take the home equity instead.

    Alessandro Machi, on August 11, 2011 at 3:14 am said:
    Too bad there is no mention of the theft of the down payment and in many cases, built up equity. That is something that EVERYBODY can relate to.

    So much time is spent by the media focusing on the 25% of homeowners who are upside on their home mortgage, but there is another 50% of homeowners who do have home equity in their home and who one day could lose it if they first lose their job.

    Add in if they are taking care of a family member and the time when they most need to tap home equity could be the time used to foreclose on them instead and just take the home equity instead.

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  10. tnharry,

    Greed always come back to haunt. Why? because the greed is dependent upon ongoing victims.

    Once the victims are gone — the castle crashes.

  11. Cannot sit back — time to come full force and contact everyone you can. .

    Still relying on someone here to organize a coalition.

  12. It is the attorney Thomas P Malone of Fidelity National title
    and his partner in crime David K Fiveson of Coronet Title
    that paid a bribe to Judge Alice Schlesinger of New York Supreme court for her to rule that Forged Deeds convey Title.

    FIDELITY the parent company of LPS might not always be able to pay off a Judge, since all Judges are not sleazy, dishonest and corrupt like Alice Schlesinger so LPS is working on changing the law of Land records.

  13. here is how to find your state senator or state rep for your area.

    Please email, and please fax, and please write a letter. Let us be heard.

    http://www.flsenate.gov/Senators/Find

  14. watch….LPS will be approaching the county recorders with a[ their state of art proprietary new recording system] because the old antiquated system is now unreliable [due to LPS fraud ,DuHO!] & inefficient ,this will be a FREE service just like with the servicers & LPS default/foreclosure model.

  15. Do you have web-site for registered California voters/property owners ?

  16. Before this happens why don’t we abolish foreclosures?

  17. Let’s All Work Together to Defeat Florida’s Very, Very (un)Fair Foreclosure Act of 2012
    August 15th, 2011 | Author: Matthew D. Weidner, Esq.
    Are you really, really sick and tired of the banksters and Wall Street Folks slapping you in the face and kicking you in the rear? Well, if you are not yet, if you’ve been living underneath a rock somewhere, then you really must read this most disturbing piece of legislation that the banksters and the foreclosure fraudsters are going to work like heck to get through. Read here for analysis. If this bill passes, there will be no more defense of foreclosure in Florida.

    The thing that just blows my mind is how insulting and disrespectful this entire piece of legislation is, starting with it’s misleading name. The Florida Fair Foreclosure Act. I really want to know who it was that came up with that totally misleading, totally arrogant and offensive title. It had to be a group of banksters and their lawyers sitting around a table because I can tell you, this bill is only fair to them. And make no mistake about it, passing this bill will be their #1 priority.

    This whole movement to defend consumers really began when a dedicated few attorneys met with consumer advocates from around the state in 2009. We all converged on Tallahassee and we all made it clear that we would not rest until that bad piece of legislation was dead. It died in 2009 because it would have defunded our court system. But this crafty new version will be impossible for a budget crunched legislature to pass up. The banksters pay a filing fee to the court system, then they get to take your home through a “non judicial sale”. I could just feel that something like this was brewing and that’s a big part of the reason why I’m running for the Florida House of Representatives and why I’m asking for all of you to join together and run with me!

    We can beat some of this back. We can start to reclaim some of our state. But only if we act together and only if we act quickly. I am so pleased with the response I’ve already gotten to the request for petitions. The first couple days they came in one by one, but now I’m so proud to see you good folks going out, printing up the forms and collecting signatures. This is homegrown, grassroots democracy. This is you taking back your country.

    Thank you so very much and keep up the hard work. I am already working with other people who are going to support you and who are going to get on ballots all across the state…..just as soon as we collect my magic number of 518, I’ll introduce the other folks and you’ll get to know lots of other good people.

    For Now Click Here, Print Out the Ballot and Let’s Get It Done!
    http://mattweidnerlaw.com/blog/wp-content/uploads/2011/08/WeidnerPetition1.pdf

    THEN MAIL IMMEDIATELY TO:

    MATTHEW WEIDNER

    329 4TH AVENUE SOUTH

    ST. PETERSBURG FL 33701

    This YOUR chance to be part of the MOST EXCITING REVOLUTION to sweep Florida politics in a generation. This opportunity to make your voice heard comes around only once every ten years. Please make the most of this opportunity. Print out multiple petitions and have your neighbors, friends and co-workers sign as well! Please forward this post around to as many of your social networks are you can. Remember, this is not just about getting me on the ballot, this campaign is about GETTING REAL, EVERYDAY FLORIDIANS THAT CARE ABOUT AMERICA ON THE BALLOT!

    The crucial thing to understand about this is any registered voter, from any county in Florida, from any party can sign this petition to get me on the ballot! This incredible quirk of the petition process comes around only once every ten years. And it just so happens that in this tenth year, the incumbent politicians are more vulnerable than ever before.

    DO NOT MISS YOUR CHANCE TO BE PART OF HISTORY!

    SIGN THE PETITION, PRINT OUT SEVERAL AND PLEASE MAIL ORIGINAL PETITIONS TO ME IMMEDIATELY!

  18. So I have to give up my beach-front property that was stolen from me and let them buy me off? Or I have to give up the home my grandmother left me so they can buy me off? Or I have to take the loss on the neighborhood and the landscape I put in, so they can buy me off? What about the Real Property UCC that was filed that someone violated and stole the property through fraud and deception? That will require a signature because there is no way that is going to be released without one.

    What about all the items I had to sell because I could not store them for long term when I was forced to move so quickly? I took 10 years of sweat equity to pay for the home, plus interest, plus property taxes, plus homeowners association dues. I paid to landscape, and plant trees, and keep it in repair and in good condition. Someone stole it, and rolled the new promissory note out there to make more money off the 10 years I made that house a home and desirable for someone to want it.

    The things I sold have value to me, it’s more than just a home, it’s moving expenses, it’s starting over, it’s reduce space (how many are foreclosed on and move to a larger living space?). I went from a home to an apartment, I left a physical education trampoline I purchased from a Canadian company and had shipped to me in the U.S. I had a full size treadmill that wouldn’t fit in the apartment, I had multiple rooms with entertainment in each one, and had to sell that entertainment equipment. What about that huh? What about the higher interest rate I’m charged to get another vehicle after having my home stolen and my credit ruined?
    What about the false 1099-A where they claimed I abandoned the property and they were the creditor and wanted me to file that with my taxes, huh?

    No one else can decide what will make me whole, but me.
    Equal has no power over and equal.
    Unequal things should not be joined together.

    Oh yeah, definitely a case of unequal things.

    Trespass Unwanted, life, corporeal, free, freeman, in jure proprio, jure divino

  19. GEORGE BABCOCK HITS HOME RUN WITH MERS CASES IN RHODE ISLAND SERVING RI-CT-MA HOMEOWNERS 401-724-1904

    Case 1:1 0-cv-00024-M -LOA Document 27 Filed 08/16/11 Page 1 of 2 PageiD #: 121
    UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF RHODE ISLAND
    . In re: Mortgage Foreclosure Cases
    )
    )
    )
    )
    ORDER
    Misc. No. 11-mc-88-M-LDA
    I. At the request of the Chief Judge, all mortgage foreclosure cases currently venued
    in the United States District Court for the District of Rhode Island are assigned to Judge John J.
    McConnell, Jr. and to Magistrate Judge Lincoln D. Almond and all mortgage foreclosure cases
    filed here in the future will be assigned to Judge John J. McConnell, Jr. and to Magistrate Judge
    Lincoln D. Almond.
    2. A list of pending mortgage foreclosure cases currently subject to this Order is
    attached hereto as Exhibit A.
    3. All mortgage foreclosure cases (currently filed and to be filed in the future) are
    subject to this Order.
    4. All mortgage foreclosure cases are hereby STAYED and shall remain so until
    further order of the Court. Any deadlines for filings on any issue are hereby suspended. Counsel
    are permitted to file Notices of Appearance.
    5. The Court will establish a Master Docket (11-mc-88-M-LDA) captioned In re:
    Mortgage Foreclosure Cases strictly for the purpose of case management by the Court. Counsel
    shall continue filing all papers in their individual cases only; counsel shall not file anything in the
    Master Docket unless instructed to by the Court.
    Case 1 : 1 0-cv-00024-M -LOA Document 27 Filed 08/16/11 Page 2 of 2 Page I D #: 122
    6. For efficient communication with the Court and administration of these cases,
    counsel shall meet and confer and select liaison counsel (see Manual for Complex Litigation
    (Fourth) § 10.22 (2004)), two for all plaintiffs and two for all defendants. The parties shall notify
    the Court on or before September 2, 2011 oftheir selections.
    7. The Court will require all parties in all mortgage foreclosure cases to engage in
    directed and serious settlement discussions prior to the lifting of the stay in any individual case.
    8. The Court is considering the appointment of a Master pursuant to Fed. R. Civ. P.
    53 in order to assist with pre-trial matters and facilitate settlement in the individual cases. Any
    party wishing to be heard on this matter, including on the suggestion of candidates for
    appointment as Master, shall file such comments on or before September 2, 2011.
    9. The Court will hear argument on the standing issue in Plaintiffs’ Objections to the
    Reports and Recommendations in Fryzel v. Mortgage Electronic Registration Systems, Inc., et
    al. (C.A. No. 10-352-M) and Cosajay v. Mortgage Electronic Registration Systems, Inc., et al.
    (C.A. No. 10-442-M) on September 13, 2011 at 10:00 a.m. in Courtroom 3. Any party subject
    to this Order that is not a party to the aforementioned two individual cases wishing to file an
    amicus brief on the standing issue shall do so by September 2, 2011. Only counsel in the
    aforementioned two individual cases will be allowed to present oral argument.
    John J. McConnell, Jr.
    United States District Judge
    August 16, 2011
    2
    Case 1 :10-cv-00024-M -LOA Document 27-1 Filed 08/16/11 Page 1 of 2 PageiD #: 123
    EXHIBIT “A”
    MORTGAGE FORECLOSURE CASES
    1. 10-024 Tracy v. Deutche Bank
    2. 10-068 Medeiros v. Option One
    3. 10-160 McLaughlin v. American Home
    4. 10-215 Rezendez v. Option One
    5. 10-268 Pool v. MERS
    6. 10-352 Fryzel v. MERS
    7. 10-442 Cosajay v. MERS
    8. 10-481 Aceto v. American Brokers
    9. 11-004 Moll v. MERS
    10. 11-007 Cerbo v. Argent Mtg.
    11. 11-022 Tavares v. MERS
    12. 11-028 Archibald v. MERS
    13. 11-046 Aceto v. MERS
    14. 11-097 DelDeo v. Option One
    15. 11-123 Boudreau v. Option One
    16. 11-124 Rodriguez v. MERS
    17. 11-170 Schofield v. US Bank
    18. 11-189 Lehoullier v. E. Loan
    19. 11-219 Wu v. Wells Fargo
    20. 11-232 Curl v. Ameriquest Mortgage
    21. 11-237 DiGiorgio v. MERS
    22. 11-241 Neves v. Ameriquest
    23. 11-256 Tavares v. MERS
    24. 11-257 Grena v. MERS
    25. 11-262 Collupy v. MERS
    26. 11-272 Kaskel v. MERS
    27. 11-278 DiNezza v. MERS
    28. 11-283 Hillier v. MERS
    29. 11-284 Rivera v. Option One
    30. 11-285 Fasulo v. MERS
    31. 11-286 Pries v. MERS
    32. 11-288 Averv. MERS
    33. 11-289 Barboza v. MERS
    34. 11-290 MacKay v. MERS
    35. 11-291 Dolan v. MERS
    36. 11-295 Azevedo v. America’s Wholesale Lenders
    37. 11-296 Menta v. MERS
    Case 1:1 0-cv-00024-M -LOA Document 27-1 Filed 08/16/11 Page 2 of 2 PageiD #: 124
    38. 11-300 Pagliaro v. MERS
    39. 11-305 Sullivan v. MERS
    40. 11-306 Forrest v. Wells Fargo
    41. 11-307 Dumouchelle v. Equity Concepts
    42. 11-309 Robles v. MERS
    43. 11-311 Williams v. MERS
    44. 11-312 Boisseau v. National City Bank
    45. 11-316 Jacques v. New Century Mortgage
    46. 11-317 Kinder v. MERS
    47. 11-318 Vargas v. MERS
    48. 11-319 Currier v. MERS
    49. 11-320 Nowling v. MERS
    50. 11-321 Lanning v. MERS
    51. 11-324 Gallagher v. MERS
    52. 11-330 In v. MERS
    53. 11-332 Picard v. MERS
    54. 11-333 Ciccone v. Aurora Loan Services
    55. 11-334 D Knight Real Estate v. MERS
    56. 11-338 Berrillo v. MERS
    57. 11-346 Lopez v. MERS
    58. 11-347 Benjamin v. MERS
    59. 11-353 Santana v. HSBC Bank
    60. 11-358 Guerra v. MERS
    61. 11-363 Mandarelli v. MERS
    62. 11-366 Femminella v. W AMU
    63. 11-369 Newberry v. MERS
    2

  20. It is axiomatic and commonsense conclusion that having a home is a fundamental right and a basic necessity to hold life in any country with cold weather. Laws are based on commonsense and if there is no law, then we need to amend the constitution outlawing foreclosure. Foreclosure is doing more harm than any good to this nation. It continually affects the economy gripping this nation to recession and then into depression. What good is there, when American homes and lands are sold to foreigners and undesirable school drop outs with dope business holders and prostitution johns? Charity begins aat home and lets save home by outlawing foreclosure.

    Now let’s talk about the small print of toll free numbers at the back of bank cards and credit cards. I want to ask anyone who wrong-dialed a number by reading these small printed numbers at the back of their bank card or credit card. Why is it that these wrong dialed numbers go to sex chats and sex workers when there are other toll free numbers in this huge nation?

    These are logical conclusions needing logical thoughts and answers. If there are conspiracies in our nation it needs to be dealt with facing all fears to be free from burden of debt and threats that see no answers yet.

  21. Matt is in florida. How bout publishing a Petition for each State and the various posters from each state can download it, and try to get it signed by the citizens of their states. there is power in numbers.

    I am not computer savey. If there is anyone out there who knows how to do this, maybe we can get Matts permission to use his Petition in the various states. there is power in numbers.

  22. Everyone in all the states should be checking to see if they have secret bills being passed to clear the title.

  23. long live conspiracy theories on livinglies…seriously Venu – that’s so much in one post that I may not hit it all. no fundamental right – give a cite to it. small font on credit cards=phone sex=organized crime=banks??? and best of all…”The problem is that the country may be controlled by the Underground through corrupt sex slaved drug addict lobbyist”. I don’t even know how to respond to that one at all. I get that the bankers are not on your Christmas card list, but sex slaved drug addicts? Get real

  24. Write to Senators to outlaw foreclosure. Home ownership is a fundamental right and banks can’t push you out of your home especially in cold winter days causing harm or death. Tell your Senators that banks MUST modify mortgages by giving forbearance in event of default.

    Let me tell you something. Did you ever notice that the toll free numbers at the bank of your bank card or credit card are printed in small even though there is plenty of space to print in big? And, sometimes when misread these tiny number the call goes to some sexual phone chat service. This may mean the Underground who controls prostitution has a control over banks. Did you notice that the new dollar bills stick together that when you count you give double by mistakes. Why is it that such a security measure was ignored? This is because most of the Underground trade is done in cash and nervous hands and they may want to get more.

    As Mr. Obama said, “There is nothing wrong with our country. There is something wrong with our politics.” The problem is that the country may be controlled by the Underground through corrupt sex slaved drug addict lobbyist.

    Do something about it ask your Senators to outlaw foreclosure as most of the sale taking place are cash sales going into foreign hands.

    God bless this nation.

  25. Seriously, why would any country take us seriously when this type of behavior is not only allowed, but encouraged. I foresee a new World Currency in the future as it’s just a matter of time. I was ease dropping on a table at a luncheon yesterday and they did not know I understood the language they were talking in. These guys were dressed sharp and must be into economics from the conversation. They were badmouthing this country for how the fraudulent foreclosures have been handled and how they think that other countries are getting tired of the crap. Funny thing is, I didn’t get upset that they were talking trash about my country as I would have in the past. Actually it’s not funny…..

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