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FROM DUBIOUSNNOTES ON “WHY WE FIGHT”

Great words!

To show that we are not alone, here is a collection of useful URLs for everyone.
…especially $ock puppet$ and other useful idiot$.

“Anatomy of a Financial Collapse” – The Senate report
http://protectdata.blog.com/files/2011/07/AnatomyofFinancialCollapseSenateReport.pdf

“Fraud as a Business Model” by Janet Tavakoli
http://protectdata.blog.com/files/2011/07/Fraud-as-Business-Model-Tavakoli.pdf

Financial Crisis Inquiry Commission Report
http://protectdata.blog.com/files/2011/07/GPO-FCIC.pdf

Committee on the Judiciary, Testimony by James A. Kowalski, Jr., Esquire “These abuses of the judicial system are not the work of a few individuals…”
http://protectdata.blog.com/files/2011/07/Testimony-Document-Creation-Industry.pdf

Chairman Ted Kaufman of the TARP Congressional Oversight

…and many links listed by Neil
KENTUCKY AG JOINS TREND GOING AFTER THE BANKS
https://livinglies.me/2011/09/25/kentucky-ag-joins-trend-going-after-the-banks/

28 Responses

  1. Dying truth

    Sorry not sure what you mean

  2. Marie, tnharry,
    What about citing cases you know the judge is going to cite and arguing why it does not apply or why it was applied wrong?

  3. HELP!!
    This message is to the living lies administer. I can’t log in to view messages, and they are no longer appearing in my mailbox. I receive daily e-mails from wordpress, but upon opening the e-mail. There is no print/no message. MY password doesn’t seem to work. HELP!
    I have filed suit, and expect to go to court soon. I need and value the information from this website.

  4. @enraged

    you said

    while offering $200.00 to anyone willing to open an account with them.

    ————–

    I have defaulted on Chase CC card for 5K. I have gotten two offers from them to open a bank account with them for $100 free cash. Go figure.

    My wife got sued from some stupid law firm representing Cap 1 for 4k of CC debt. I swear to god, two weeks ago she got a letter from Cap 1 saying “we want you back” and offered her a credit card////////////////

    WTF???????????

    fuck you obama, fuck you Bush senior and junior, fuck you clinton, fuck them all. The god damn banks have taken over on their stupid accounting BS rules.

  5. @enraged

    thank you. I couldn’t agree more with what you said. We have been duped.

    I remember when credit cards first came out. My dad was enraged, no pun intended. He forcefully said what are these credit cards, I pay cash for everything, and my dad was darn proud of his statement. At the time, I thought my dad was being a stick in the mud. Here we are 40 years later and he was right afterall.

    Pay cash for consumables or a non interest lay away plan. Use credit to make money, not consume. Is the bottom line.

  6. Cubed2k,

    It makes no difference what you call it. Wager, bet, it all boils down to “speculation”.

    Speculation comes with inherent risks: one can win (big) or lose (big). Speculation is not an insurable interest. Yet… Wall Street speculated (with other people’s retirement funds, mind you) and was able to insure that uninsurable risk. How did they pull that one off, I have no idea but they did, thanks to AIG, the world’s largest insurer which, as I recall, always had the reputation of insuring the uninsurable. AIG always came up with the most exotic coverage and always ended up on top. AIG, as we speak, is back in full force.

    Banks speculated and managed to collect insurance proceeds on uninsurable risks (!). They then turned around and sued homeowners and managed to also win in court when courts are not supposed to get involved in losses arising out of speculation.

    I still have the hardest time wrapping my mind around it. It is as though everything I ever learned and understood as fundamental to the preservation of a country of laws had been declared irrelevant and flat out false. In 15 years, we dislearned centuries of solid common sense under undue peer pressure we never even saw coming.

    No wonder everyone is confused… But as Leapfrog is saying, the end of many big banks is near. Chase is begging my husband to pay 30% of his business line of credit in exchange for a write off of the unpaid balance. We are holding tight, waiting to see how much lower they will go… while offering $200.00 to anyone willing to open an account with them. Banks book of business keeps going down to the benefit of community banks and credit unions.

    It may not even have to become violent and bloody… but I have no doubt that we will make a 180 degree turn in a very short time.

  7. It’s easy. Get the money out.

    http://www.getmoneyout.com/

  8. here is this from page 533 of this link provided from above by Neil post:

    http://protectdata.blog.com/files/2011/07/GPO-FCIC.pdf

    “Finally, if the principal cause of the financial crisis was ultimately the
    government’s involvement in the housing finance system, housing finance policy in the future should be adjusted accordingly”

    _____________

    that quote is from the last chapter entitled Conclusion.

    —————————–

    so that conclusion says Government was the cause.

    Let’s think, and put one and one together. Who is the Government, are they repub’s or demo’s or now maybe tea party??????????/

    ————————-

    let’s think, who buys the governmenrt,,,,,,,,,,,,,,as Bob Brinker says we have the best Government that money can buy……………and who buys the Government…………..Wall Street…………………

    and per Carie post on Dylan Radigan links………..

    put one and one together

    —————–

    the media will always put dem’s vs repub’s as the problem,,,,,,,,,,,you say this, I say this, on and on.

    —————–

    The scapegoat is always the Government wether that be rebub’s or dem’s,,,,,,,,,,,,,,,,,but behind the scenes is always Wall St————who get the laws passed for their gambling, wagers…………..past performance is ………….not what you will get ——-and we are not responsible for your money returns,,,,,,,,,,,,but hey, we get to collect on fees…………..thank you very much………

  9. this is from the first link provided by Neil above.

    The financial products developed by investment banks allowed investors to profit, not
    only from the success of an RMBS or CDO securitization, but also from its failure. CDS
    contracts, for example, allowed counterparties to wager on the rise or fall in the value of a
    specific RMBS security or on a collection of RMBS and other assets contained or referenced in a
    CDO. Major investment banks developed standardized CDS contracts that could also be traded
    on a secondary market. In addition, they established the ABX Index which allowed
    counterparties to wager on the rise or fall in the value of a basket of subprime RMBS securities,
    which could be used to reflect the status of the subprime mortgage market as a whole. The
    investment banks sometimes matched up parties who wanted to take opposite sides in a
    transaction and other times took one or the other side of the transaction to accommodate a client.
    At still other times, investment banks used these financial instruments to make their own
    proprietary wagers. In extreme cases, some investment banks set up structured finance
    transactions which enabled them to profit at the expense of their clients.

    ———————-

    here is the link from above:

    “Anatomy of a Financial Collapse” – The Senate report
    http://protectdata.blog.com/files/2011/07/AnatomyofFinancialCollapseSenateReport.pdf

    ———————————

    It’s Wall Street that created the mess, and they are still trying to cover it up. Follow the money………….

    Your 401k’s, IRA’s, Pension Funds, and so on,,,,,,,,,,,,,,,,

    always go back to Wall Street……………………

    ——————-

    quoted from above

    for example, allowed counterparties to wager on the rise or fall in the value of a
    specific RMBS security or on a collection of RMBS and other assets contained or referenced in a
    CDO

    ———————

    key word “wager” from rise or fall

    ———————————

    let’s think, wager means a bet. Let’s think———-is this an investment or a “bet”??????????

    ———————–

    wall st is nothing more than legalized gambling, it is not an investment,,,,,,,,,,,,,,when you really think about it.

    Wall St has got the whole world “took” into investments, when it is really gambling………….and that includes your savings so called entrusted to the experts which are just gamblers betting, wagering, on the up’s or down’s of markets,,,,,,,,,,,,,but what benefit does it really provide…………does it increase production or “return on investment” or shall we call it for what it really is,,,,,,,,,return on a bet or gambling???????????? No, who benefits really, why that would be fees generated from using your money and who gets those fees weather markets go up or down?

    —————–

    Why does every investment into a Wall St vehicle say ” past performance in NOT indicative of future returns” or other such nonsense. It gives them, Wall St, a way out, they are not Responsible and you agree…………….to the actual gambling rules………………

    hahhhaha, you have been “took” for 100 years now since the inception of the Federal System of Banks…………….what reserves?

  10. PETITION—HELP GET THE MONEY OUT OF POLITICS—THIS IS THE REASON WE HOMEOWNERS ARE NOT GETTING HELP—CONGRESS IS BOUGHT BY THE BANKS/WALL STREET:

    http://www.msnbc.msn.com/id/31510813/#44691743

    PLEASE WATCH—VERY IMPORTANT—

  11. Thank you, E.Tolle.

    For those of us in CA—how do we use this decision if they attempt to foreclose?

  12. I have had to oppose various def’dts “request for judicial notice” on the FORGED Deeds of trust recorded in my case, lets see, I think 6 times now!

    Herrera is a landmark decision that finally acknowledges that just because as an example”First Fraud Title Company
    “records” a document, it has no bearing on the TRUTH.

    The very reason I am in court is that I allege the escrow/notary is the person who forged them, stole my identity, and yes, I plainly stated THIS FACTUAL ALLEGATION, in my Third Amended Complaint. Yet, she filed a DEMURRER. and requested JN on the documents I allege she forged, and correct me if I am wrong, but unless the law has changed, a demurrer still admits ALL FACTS AS TRUE.

  13. For those who want to read the Herrara case mentioned above, and what it means and why, a good synopsis follows:

    When a state appellate court, or state supreme court issues a decision, it issues a written opinion explaining the decision. There are millions of reported cases, and the number goes up every year which increases the number of lawsuits. As a result of this, several states do not authorize the publication of every appellate court decision. For example, in California, they require that only appellate case decisions establishing new rule or modifying an existing rule of law be published.

    With that said, the following decision is the new law of the land in the California 3rd District Court of Appeal and was publicized which means other courts must look at this decision. A case has two functions:

    1.It authoritatively decides the particular controversy. Example, the plaintiff gets money damages from Defendant for Defendant’s breach of contract; and

    2.It establishes a precedent, or a possible precedent, for the resolution of future controversies with similar facts and issues.

    This court opinion shows that just because the bank tells the court the note and the deed of trust belong to them, does not make it true. This court opinion also shows that just because a bank records a document in the County Clerks Office does NOT mean the documents are truthful.

    From 2003-2009, the Deed of Trust supposedly went from Long Beach Mortgage Company, to Washington Mutual Bank, then to JP Morgan Chase Bank, but none of those transactions were recorded in the land records. Then JP Morgan Chase, as successor in interest to Washington Mutual Bank, successor in interest to Long Beach Mortgage, recorded an Assignment of Deed of Trust in February 2009, assigning all interest under the 2003 deed of trust to Deutsche Bank. The court said that there is no proof JP Morgan Chase had the authority to assign to Deutsche Bank under the 2003 deed of trust. The court said, “The recitation that JPMorgan Chase Bank is the successor in interest to Long Beach Mortgage Company, through Washington Mutual, is hearsay. Defendants offered no evidence to establish that JPMorgan Chase Bank had the beneficial interest under the 2003 deed of trust to assign to the Bank.”

    Read the case here:

    http://whereisthenote.org/california-court-of-appeal-written-opinion-herrera-v-deutsche-bank-national/

  14. agreed – citing cases in the complaint is a rookie move and can mark you as such

  15. Oh yeah forgot: previous post not intended as legal advice, just my musings

    Thanks ‘Raged

  16. All good advice, Marie.

  17. Joann

    Cases support or undermine arguments in legal briefs and they have varying persuasive power depending on how close they are on the facts at issue.   
    Case citations are rarely used in pleadings unless the allegation is novel

    Any case you cite you need to read until you understand it abd can explain it COLD.   You need to be able to separate holding (binding in jurisdiction) from “dicta.”  nonpublished  opinions are nonbinding and probably not so helpful but sometimes better than nothing if it’s favorable.

    Don’t cite cases that don’t apply (irrelevant) as the  judge will discount your pleading and if not a receptive judge you may be insulted if not admonished as a pro se litigant.  You have to work harder than the banks Atty to get any respect.

    Finally dont just cite cases expecting the court to look them up.   The court needs to be advised why it’s important. And If the case is important you need to attach a copy of the case to your brief, motion or whatever.    

  18. Judges (and attorneys) may not be up to date with breaking cases that are relevant and few cases seem to get publlished.

    Would like to understand when you can cite cases and when or if you can quote cases or even just list cases. Do cases have to be published in order to refer to them in a complaint or can you just provide a list in a table of contents – can you quote the decisions from them? What about cases from other states ect. Judge may say all are not relevant because not precedent or binding or other. Seems like pro se cannot claim legal background and pointing to cases is an explanation of why they came to their way of thinking in framing their complaint. Obiviously have to dig out the statutes and codes that relate but the cases also refer to these.

    Would like list of published cases for that benefit homeowners in non judicial states and a list that do not benefit homeowners (study how to refute these according to specific case if profered by lenders).

  19. Neil all your post to me on my e-mail (for two days now ) comes to me in blank. So does fraudclosures, All other e-mails are fine. What is up?

  20. Neil, when was the last time you took a few days off?

  21. How about posting the decision and some discussion on how this applies to/helps the homeowner who is fighting?

  22. mp3md729,

    did you lost on appeal? on what ground? i am interested because i am also going to file my brief by october 31.

  23. @tnharry, would you email me @mp3rmd729@gmail.com…I read your posts and would love to speak with you. I’m homeowner in CA fighting at CA Supreme Court level. TY!

  24. Lol @tnharry…same here. I don’t see Herrara decision.

  25. i’m not sure what i’m supposed to see here. from the title i would expect to see the Herrera decision, but it’s nowhere to be found as far as i can tell

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