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Resistance to illegal foreclosures should be a staple of this movement. It is no different than a citizen’s arrest, blowing the whistle on the theft of a home. Banks who cannot prove ownership of a property force people onto the street so they can steal the home and sell it for money to which they should not be entitled. The possibilities for activism around that are endless. And we will see a lot of that today, and hopefully in the future.

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Occupy Our Homes: Today the Foreclosure Crisis Moves to the Top of the Agenda

By: David Dayen Tuesday December 6, 2011 6:18 am

I’ve been covering the foreclosure crisis for a long time, and for most of that period, it was a lonely backwater. It’s harder than you would think to get the traditional media interested in the systematic theft of homes. But at least for one day, the nation’s attention may move to this sad circumstance.

In dozens of cities across the country today, members of the Occupy movement will participate in a national day of action known as Occupy Our Homes, with rallies, street actions, and mainly the defense of properties facing foreclosure. In New York City, the group Organizing for Occupation is leading the way. We’ve seen several isolated incidents of protesters occupying foreclosed homes, to save the owners of the house from eviction. This is the first coordinated day of action.

As I’ve been saying, this is a natural evolution of the Occupy movement. The history of America suggests that protests involving occupations of public space do not last very long before police take them out, often with force. The history of America also suggests that the movements evolve and grow, shifting to a new set of tactics with more foot soldiers.

Given a political system vulnerable to challenge and strong internal organization the main challenge confronting insurgents is a preeminently tactical one. Lacking institutionalized power, challengers must devise protest techniques that offset their powerlessness. This is referred to as a process of tactical innovation. Such innovations, however, only temporarily afford challengers increased bargaining leverage. In chess-like fashion, movement opponents can be expected…to neutralize the new tactic, thereby reinstituting the power disparty…

As these figures show, peaks in movement activity tend to correspond to the introduction and spread of new protest techniques. The pattern is a consistent one. The pace of insurgency jumps sharply following the introduction of a new tactical form, remains high for a period of time, and then begins to decline until another tactical innovation sets the pattern in motion again.

Meanwhile, as this dynamic of power and resistance plays out, the power elite feel more and more pressure to calm the attack through political means, by listening to and acting on the demands of the protest movement. We saw this in the Progressive Era, during the New Deal and in the civil rights movement.

In this case, identifying an occupation movement with the foreclosure crisis makes perfect sense. Wall Street quite literally sustains itself through illegal foreclosures at this point. This is how they have decided to dispose of the toxic waste in the system, burdening the borrower with all the losses caused by fraud in the origination and securitization markets.

The thinking goes something like this: Our largest banks are too big to fail, and since we lack the will or the motivation to break them up or regulate them we must protect them at all costs. We’ve propped them up with TARP, quantitative easing, and $7.7 trillion in secret Federal Reserve loans, but they’re still shaky as hell. If we prosecute any of their executives, their stock prices will fall and they’ll collapse again. And they’ll take the entire economic system with them […]

Resisting illegal foreclosures is a good first step. It brings attention to Wall Street’s criminality, venality, and plain old inhumanity toward the people they call their”customers” – but treat like serfs […]

What about the millions of people who have suffered because of the banks’ predatory mortgage lending but aren’t behind in payments or in the foreclosure process? We need to re-open the debate about the fairness of forcing any underwater homeowners to pay underwater principal on homes that their banks knew, or should have known, were going to decrease in value. After all, the same conglomeration of banks and corporate media that demonize homeowners as “greedy” and “irresponsible” spent most of the last twenty years convincing people that real estate was a sure-fire investment.

Resistance to illegal foreclosures should be a staple of this movement. It is no different than a citizen’s arrest, blowing the whistle on the theft of a home. Banks who cannot prove ownership of a property force people onto the street so they can steal the home and sell it for money to which they should not be entitled. The possibilities for activism around that are endless. And we will see a lot of that today, and hopefully in the future.

Background:  60 Minutes Shines Spotlight on Persistent Mortgage Fraud

Rachel Maddow segment: Occupy defends the homefront

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  1. […] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: bankruptcy, borrower, countrywide, DAVID DAYEN, disclosure, FDL, FIRE DOG LAKE, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, NATIONAL DAY OF ACTION, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND Livinglies’s Weblog […]

  2. In Foreclosure Capital, Meltdown And Poverty Feel Permanent

    First Posted: 12/ 7/11 03:38 PM ET Updated: 12/ 7/11 05:50 PM ET

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    Housing Crisis , Real Estate , Florida , Foreclosure , Poverty , Foreclosure Prevention , Eviction , Foreclosure Florida , Housing Crisis Florida , Real Estate Florida , Suburban Poverty , Business News

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    A vacant home with an overgrown yard in southwest Florida, an epicenter of foreclosure activity (AP)

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    The slowdown has more to do with bottlenecks in the court system than improving economics, say realtors and housing experts. Following disclosures that many lenders did not properly handle the paperwork during the real estate bubble, many banks lack the documents needed to establish title and foreclose on a given property. Faced with a flurry of lawsuits from state attorneys general charging them with unlawful foreclosures, and under fire from some judges who accuse them of unjustly seizing homes, mortgage companies are generally moving much more slowly to take possession of homes when the owners stop making the payments.

    Where a foreclosure in Lee County once took an average of six to nine months to complete, the process now runs nearly two years.

    Indeed, banks now find it so difficult to complete foreclosures that they are pursuing alternatives — not least short sales, in which a house is sold for less than the outstanding balance on its mortgage. Four years ago, homeowners who owed more than their homes were worth were generally eager to unload their properties via short sales, but banks were reluctant to go along, resistant to selling at a loss.

    Today that dynamic has reversed. Cognizant that they can remain for years before foreclosure becomes final, so many people here now live in houses without making payments that the banks offer them $10,000 and $15,000 checks to sell their properties short.

    Whatever happens next seems certain to involve more distressed property landing on markets, though likely in a trickle as opposed to a surge. Realtors engage in a parlor game, trying to calculate the size of the so-called shadow inventory — homes that banks have taken or will take through foreclosure, but which are not listed on the market. So long as this inventory remains, so will downward pressure on prices and the financial strain that has become as much a feature of life here as palm trees and golf carts.

    “There’s so many people that haven’t even been addressed,” says Joseph, the real estate agent. “There’s still a big shadow out there.”

    Read more at http://www.huffingtonpost.com/2011/12/07/foreclosures-florida_n_1132735.html?page=2

  3. In all my years I never thought I’d be saying or thinking this way, but what is mine I will take. Over time-going back I have looked at a few foreclosures and short sales, and now it is clear why the cabinets, vanities, fixtures, AC, fencing, carpet, appliances, etc…are missing. People are damn mad and taking what they purchased beyond the price they paid for the house. I really can’t blame them. So many of us think it can’t happen to us….WOW. No matter whether you did the right things or not, played by their rules, you can still find yourself here, with a system corrupt from bottom to top!

  4. NUCLEAR, NUCLEAR BOMBSHELL!!!!! FLORIDA SUPREME COURT RESURRECTS PINO v. BONY
    December 8th, 2011 | Author: Matthew D. Weidner, Esq.
    http://www.mattweidnerlaw.com/blog
    WOW…..THIS HUGE!

    The Florida Supreme Court is revisiting Pino v. Bank of New York.

    PINO V. BONY IS THE MIRANDA, THE ROE V. WADE, THE GIDEON V. WAINWRIGHT OF OUR DAY

    This case transcends every single case that has yet been before any court in The Entire State of Florida dealing with foreclosures

    This case emphasizes the battle that is raging in every single household, in every single case, in every single person in the United States of America.

    Are we a nation of laws that are applied equally to the 1%, the banks, the Wall Streeters or do we apply a different set of laws to the 99%?

    That’s not specifically what was presented to the Florida Supreme Court, here is what the Florida Supreme Court was presented with:

    The question certified to us by the Fourth District Court of Appeal in this case transcends the individual parties to this action because it has the potential to impact the mortgage foreclosure crisis throughout this state and is one on which Florida’s trial courts and litigants need guidance. The legal issue also has implications beyond mortgage foreclosure actions.

    The most important quote from the case:

    “many, many mortgage foreclosures appear tainted with suspect documents”

    That’s what the 4th District Court of Appeals said…not me.

    Pino
    http://mattweidnerlaw.com/blog/wp-content/uploads/2011/12/Pino.pdf

    THE FLAME OF JUSTICE SHINES ONCE MORE!

    THE PHOENIX OF LIBERTY RISES FROM THE ASHES!

    THE BELL CALLED LIBERTY HAS ONCE AGAIN BEEN RUNG!

  5. James & Chris..I understand…I did the same thing, posted a substantial down payment and improved the property. I have at least 100 k cash in my home. Not to mention I paid on something that was not really there for 5 yrs..So add that cash into the pot…For the value of my home today, I could have paid cash and had the home free and clear by now.
    They “the banksters” want to steal all you have…

  6. The same group who wrote the UCC, the Uniform Law Commission, is launching a project to consider drafting a uniform foreclosure law for the 50 states. The study group consists of professors, judges, and lawyers, but notably absent is any member who could be regarded as a consumer or homeowner advocate or even sympathizer.

    http://www.nccusl.org/Committee.aspx?title=Mortgage%20Foreclosure

  7. @ StopForeclosure.LA Free information of Foreclosure defense wrote:

    “OWS should be occupying the FED and Washington’s State Capital, the White House and any other Government offices which our alleged representative hold under the premise of representing the people of this great nation.”

    What’s stopping you?

  8. My fight is at the 9th Circuit of Appeals BAP. Here is the access to the complete record on appeal and my thanks to SCRIBD for allowing others to access it.
    I have spent countless hours sharing and understanding the complexities of the Monster MERS and the bank’s self serving shortcuts to profits. Here is my entire file on appeal. It includes filings for abandonment in chapter 7, adversary, subpoenas for mers with the mers audit trail, and arguments of UCC 1, 3, 9 and California Title laws. This should be helpful for those interested in the current cases and arguments.
    Appendix volumes 1 and 2 are the records on appeal and are referenced as ER, excerpts of records, Ex.,Exhibit and then the page number as it goes in order 0001 to 1001. It is easy to follow.

    The best is to read the case is [Appendix Volume 1 and Volume 2] it is the entire record, including subpoenas from MERS and Deustche Bank with endorsements.

    The Appellant Opening Brief is detailed. It is not perfect, but it is the paper needed if the case would require a next step.

    Then the Appellee Opening Brief and my response to it Appellant’s Reply Brief. There is an issue of Onewest and Deutsche Bank’s relationships.

    Appellant’s RJN #1 and Appellant’s RJN #2 deals with Deustche Bank and Onewest in other 9th circuit cases include In re Carter a S.D. Cal.2011 case. The cases demonstrate the agency relationship.

    There is also the Transcript of the Hearing, which demonstrates the biases of the Judge. I won 2 motions for relief under Judge Donovan and then was assigned a new judge Scott Clarkson and I was his first case. He went from Attorney to Judge during my case. I am not sure why, but it was done.

    Best
    Brian Davies

  9. Davies V. Deutsche Bank
    Entire Appeals filing including excerpts of records

    http://www.foreclosurehamlet.org/forum/topics/davies-v-deutsche-bank-9th-circuit-court-of-appeals-all-documents

  10. Davies v. Deutsche Bank BAP 9th Appeal.\
    Argued by Brian Davies [attorney unable to be there]
    http://www.4shared.com/audio/4c-P-O6a/CC-11-1221.html?

  11. The inherent problem is not the loans or the local banks, it’s the entire monitary system. The system is based on a currency that is fiat and has no value. It’s manipulation the the FED creates the enitre downfall of our economic worth. We need to address the real issues here. The Wall Street goons are using the false currency to control and create catastrophic collapse throwing the country into a new world order of economic control.

    To solve our problems means getting to the root of the evil empire which is the FED/IMF and the creation of the false fiat currency which they control.

    OWS should be occupying the FED and Washington’s State Capital, the White House and any other Government offices which our alleged representative hold under the premise of representing the people of this great nation.

    We are a nation of laws. We must repeal law’s passed by congress without the consent of the people. Homeland Security Act and the like.

    Together we fight for our rights. Soon the day will come again to water the tree of Liberty. The tears of blood that drain from Lady Liberty’s eye of sadness.

    http://www.UnitedWeStand.US.com

  12. I absolutely love seeing banks scrambling to get themselves out of the big caca they created for themselves. Since all the major palyers absorbed a few shaky banks and bought their shaky (or even unexisting…) assets along the years, I expect to read about Chase and Wells going through the same thing.

    Sweet revenge…

    http://www.nakedcapitalism.com/2011/12/michael-olenick-bank-of-america-all-in-%e2%80%93-calling-moynihans-bluff-to-bankrupt-countrywide.html

  13. One thing also strikes me: people’s lack of patience and consistency. On Nov. 5, we had the “Get your money out” DAY. Not weeks, not months, not “get-your-money-out-’til-banks collapse”. Just ONE DAY of action! Then, Pooff! Everything goes back to normal.

    OWS will start a national Occupy-our-homes DAY of action.

    That’s it? ONE DAY? And then what? Back to normal?

    Took 15 years for banks to perfect and achive the greatest financial scandal ever visited upon mankind and we want to resolve it in ONE DAY?

  14. @chris,

    Isn’t that at the root of Marthat Coakley’s action against the 5 largest lenders/servicers? That they strongly encouraged homeowners to default in order to be considered for a mod, starting in 2008 with HAMP? And I believe Kamala Harris and NV AG’s action is, in part, based on the same grounds. If one, two, three AGs are actively pursuing that course of action, it will snowball.

    The official word is already that the ridiculous and inadequate settlement of 20 billions states wanted to enter into has fallen apart.

    What irks me, though, is that by the time the rest of the AGs really wake up, all those lenders/servicers will be able pull a Corzine… and testify before Congress that “We really don’t know where the money went… We were not involved in the accounting part of the business.”

  15. That’s right James, after taxes too. For me, I have 75-100k in improvements too. That belongs to me, in my opinion. No one is talking about that either. The bank takes the payments, down payment and improvements, only to sell the homes at pennies on the dollar. Even the new buyers, care less, no character, when they think they are getting something for nothing. The blood bath continues and the majority of folks care less, if they is something in it for them. No regard for the stolen goods received from the diligent buyer, who in most cases has had a small set back and the BANKS have actually encouraged default, under the guise of helping. When that, the default occurs/happens, they then steal the home with forgery and fraud!

  16. I paid a large down payment, so I am not considered upside down when the calculation is based on what is owed and what my house is worth. I lost my down payment when the value tanked. It took years and working many long hours to save that money.

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