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EDITOR’S ANALYSIS: Like many other  AG’s around the country, Bondi in Florida came to the realization that the Bank’s money is not nearly as valuable as actual votes from voters. So after sinking an investigation into the banks and law firms representing the banks, after “losing” a case and deciding not to appeal, she suddenly woke up and decided that an appeal is a good idea. She’s right. I just hope she means it and actually tries to win. The banks have sucker punched the system from the beginning through their manipulation of politicians they own lock, stock and barrel.
WHY SHE IS RIGHT AND THE 4TH DCA WAS WRONG: Before condemning the 4th DCA, we should note that what I am about to say here was not clearly defined before the court and their decision might have been different if they considered these facts.
Ordinarily the appellate court would have been right — lawyers cannot be held accountable for the acts of their clients no matter how despicable the act and no matter what damage is caused. If it were otherwise then all anyone had to do was to accuse someone of a heinous crime and they couldn’t get a lawyer. That was the old system in France and other places where the mere accusation was enough to put someone in prison for the rest of their life. Check out the novel by Dumas on the escapee from the fictional Chateau D’If for a lesson in criminal procedure in the old days.
This is different because the law firm was not acting as a law firm. It was the agent of evil, funded, controlled and staffed and equipped by the Banks. Stern’s job, like Baum in New York, Tiffany and Bosco in Phoenix et al was very clearly defined: they were to do nothing. And for doing nothing they were rewarded with tens of millions of dollars, even hundreds of millions of dollars — as long as they stayed out of the way. These people and their law firms were never hired by the Banks — they were bought, or at least rented.
The investigation and prosecution of these law firms is required because without it, the realities of the foreclosure crisis will never be known — specifically that the entire securitization scam was followed by a foreclosure scam which in turn is being followed by a re-sale scam — all  in violation of civil and criminal laws of each state.
Virtually none of the homeowners were rightfully foreclosed. In all such cases the homeowners still own their homes and are capable of reclaiming them. They just don’t know it. And an actual investigation will reveal that very fact. Fringe conspiracy thinking you say? Look back to my prior posts. From 2007 to 2009 I stated and predicted things that put me on the far edge of credibility. Now they are all accepted as true.
Stern’s license was rented by non-lawyers. Violation number 1. The Banks arranged to practice law at the Banks direction using the bank’s system of distribution of cases and the Bank’s script as to what to do, say, plead and escape having to prove anything. That is practicing law without a license. Violation number 2.
In order to cover-up the fact that securitization never happened, that the bank’s were never at risk of loss on any mortgage, that the Banks were not taking any losses and therefore were never entitled to receive one penny of bailout, Stern’s firm was used as a fabrication factory (violation number 3) for documents that were back-dated (violation number 4), forged (violation number 5) and notarized without complying with legal requirements for the signatory or the witnesses (violation number 6).
Stern was out on his yacht. His argument is that while he knows it was wrong, someone else would have done it so he thought why should someone else get all that money for doing nothing? He will further argue that since we wasn’t there he could hardly be charged with crimes committed in his absence. We’ll see about that.
Under direction of the Banks lawyers were sent to court with lies of the Bank and they failed to exercise the slightest bit of due diligence to determine whether there was an arguable basis for the facts they proffered. Violation number 7. They were just following orders. Violation number 8. Orders received from non-lawyers. Violation number 9.
If Banks can get away with hiding their criminal acts behind the cloak of a law firm they bought or rented, then so can anyone. And THAT is the problem with the 4th DCA opinion that the lawyers were not engaged in commerce. The Court had it reversed.
The law firm was not involved in the practice of law. Just as the closings were cloaked as mortgage loans when they were in actuality vehicles for the issuance of fraudulent securities, the use of law firms in court was a cloak for the fact that none of the elements of a valid mortgage, much less a mortgage foreclosure were present. The Banks used lawyers to deliver the false message and in many cases used non-lawyers who pretended they were lawyers when they got on the phone with homeowners or homeowners’ attorneys.
Just as they “borrowed” the law license of hundreds of lawyers across the country, they borrowed the loss of the investors in those bogus mortgage bonds and claimed it as their own — thus bidding in property with a credit bid instead of cash. It would be bad enough if they bid low, but in cash as they might have done if they had any notion of conforming to the requirements of law.
No, they wanted it for nothing and they successfully implanted the message that any borrower who defended against this criminal acts was asking for a house for nothing when in most cases all they wanted was a modification or settlement that would have saved the nation from economic crisis that is still growing and heading for another collapse bigger than the last and most recent one.
In short, they stole the homes quite literally. They could not do this without absolute power and control over what appeared to be a law firm but in actuality was a clerical company whose law license was incidental to the main enterprise, to wit: fraud on the courts, the investors and the borrowers. BIG VIOLATION NUMBER 10 WORTH TRILLIONS OF DOLLARS.
Yes all this sounds far-fetched but I think Reynaldo Reyes of Deutsch said it best when his guard was down — “it’s all very counter-intuitive.” Translation: It’s all a lie and we are living with it.

Bondi to appeal court ruling that shields attorneys from foreclosure fraud investigations

Plagued by accusations that she hasn’t done enough to combat foreclosure fraud, Attorney General Pam Bondi’s office announced today that she will fight a court decision that prohibits her from going after attorneys. In April, the state’s 4th District Court of Appeals ruled that Bondi does not have the authority to investigate a law firm for alleged fraud under the Florida Deceptive and Unfair Trade Practices Act because attorneys’ work on behalf of lenders did not constitute trade or commerce. The attorney general chose not to appeal.
Two weeks ago, that same court issued a similar opinion in a second case, this time involving the now-defunct Law Offices of David Stern, P.A. Bondi filed a motion today that will allow her to appeal that decision to the state Supreme Court. In the months between the two rulings, Bondi faced a heap of criticism concerning her office’s approach to foreclosure fraud. She was skewered in July for forcing the resignations of two attorneys leading foreclosure fraud investigations.
At the height of the controversy, Bondi agreed to appoint an independent inspector general to look into the matter and two Democratic legislators asked the federal government to open an inquiry. A few weeks later, assistant attorney general Andrew Spark released a long, critical essay accusing the office of failing to aggressively pursue foreclosure and consumer protection cases, then he quit the next day. Bondi attributed much of the criticism to politics and disgruntled ex-employees, and said her office has increased the number of staff assigned to investigating foreclosure-related cases compared to former Attorney General Bill McCollum.
Her office said today that there are six pending investigations into law firms for potential misconduct in foreclosure cases. State Sen. Eleanor Sobel, D-Hollywood, has been one of Bondi’s most vocal critics this year. But she welcomed the news that the attorney general is taking new steps to go after attorneys. “I think she’s seen the light,” Sobel said. “It’s about time.” To read Bondi’s motion, click here.Read more here: http://miamiherald.typepad.com/nakedpolitics/2011/12/bondi-takes-step-toward-supreme-court-appeal-of-foreclosure-ruling.html#storylink=cpy

13 Responses

  1. These politicans will only find their sense of justice, and their duty in upholding the law, only after the public does.
    With Bundi, it’s only a faux show to impress the weak minded.
    She is and has been bank owned. Don’t expect much.

  2. @stopGOVTwaste ,

    I get your point but why are you only concerned about the leeches in government losing money in their retirement accounts … hell here in Florida THEY CONTRIBUTED NOTHING TO THE DAMN ACCOUNTS ANYWAY! Their accounts were fully funded BY ME! And when you look at gov’t compensation (salaries and bennies) they already make DOUBLE what anyone else in a similar position makes. Why don’t you mention the people being hurt by poor investment vehicle performance in general…. When you get down to it it’s government in general giving these investment houses a wink and a nod (instead of real oversight and regulation) to create the chaos we now have that caused the problems.



  4. yeah…I don’t trust her.

  5. dont think for a minute that the case wont get SMJ out of court or dismissed because the corrupt attorneys and judges do this to make it look like they are fighting for good and judging a case and they easily misrepresent and cause a case even a well claimed and proven case to be dismissed and thrown out of court. I could show you a good example. This only means she is going to make it look good. Only give her credit if she actually wins. She can throw the case under the table without you knowing it.

  6. I so understand what Neil means by I trully hope she means to win (and is not just making it look good to win votes) I have had the worst most unimaginable experience with a corrupt attorney I have the absolute material proof to back me up, and the courts are so corrupt, that even though the judge stated I have proven breach in color by my attorney in two days a judge that did not know the case dismissed my case. I am dealing with total judicial and government corruption with a mayor that breached his oath of office and I have material proof ot it and witness testimony and was smj out of court. One judge told me when I asked her if she had read my case, that she had only read it in part and gave it to her bailiff to figure it out and inform her. On audio infront of a witness of mine that is almost a quarter of school away from being a paralegal that heard it all, then when I asked for a copy of the audio, it was tampered with and a conversation that did not happen was on it. The judge stating that she read every detail of my case and even measured it with a tape measure. She redid the audio. Mary and I were shoced and talking about her admission she did not read my case before judging me out of court and the tape now says something totally different. Mary asks me how I deal with this corruption. She does not even want to get into the judicial world anymore. Then there is my mod fraud predator mortgage and debt collector theives on top of all of it. I am not a quitter and I am a fighter. I wont give up. I believe I have to be in the Appeals court for any justice.

  7. Bondi finally using her brain — rather than her looks.

  8. NG wrote: “Under direction of the Banks lawyers were sent to court with lies of the Bank and they failed to exercise the slightest bit of due diligence to determine whether there was an arguable basis for the facts they proffered. Violation number 7.”

    Neil, you are too kind. the lawyers KNEW that they were lies. The lawyers themselves in many cases actually fabricated false “assignments of mortgages” by the truckload for fake “bank” “officials” to sign and for others to “notarize.” And so the “banks” lawyers – far beyond being mere “clerks for hire” – apparently also were subborning perjury in the related foreclosure cases. That IS big and an Attorney General concerned about the citizenry and the rule of law should pursue it to the ends of the earth.

  9. Now you talking Neil because I was thinking about that decision when the 4th DCA opinion that the lawyers were not engaged in trade or commerce is not just those documents that they use to foreclosure have trade marks on them if you look up the United States Patent and Trademark Office you will see that each trademark is reference by the date is applied to be used in “commerce”.

  10. Maybe she could explain why Florida school teachers, fire fighters, police officers and state employees are losing a ton of money on their retirement accounts (due to bank losses).

    (Notice Goldman Sachs and JP Morgan performed “Outstanding”)

    p. 28 Bank of America -316,327,012.67
    p. 28 Bank of New York Mellon -2,434,291.60
    p. 29 Barclays -19,997,665.40
    p. 30 BB&T -6,569,393.34
    p. 35 BNP Paribas -9,066,142.18
    p. 54 Citigroup -279,818,109.26
    p. 57 Comerica -2,278,503.78
    p. 57 Commerzbank AG -6,822,118.11
    p. 62 Credit Suisse -18,329,819.84
    p. 68 Deutsche Bank -9,714,840.03
    p. 85 Fifth Third -10,408,342.63
    p. 86 First Horizon -5,467,194.12
    p. 97 Goldman Sachs +26,938,736.08 (crime pays)
    p. 111 HSBC -17,738,931.24
    p. 127 JPMorgan Chase +81,243,480.18 (counterfeit notes anyone?)
    p. 131 KeyCorp -11,463,736.62
    p. 142 Lloyds Banking -29,960,919.23
    p. 148 Marshall & Ilsley -9,304,517.53
    p. 156 Mitsubishi UFJ -44,427,571.00
    p. 156 Mizuho Financial -16,939,349.47
    p. 157 Morgan Stanley -28,447,723.45
    p. 161 National Bank of Greece -9,867,787.03
    p. 183 PNC Financial -6,615,206.45
    p. 184 Popular Inc (Banco Popular) -8,749,458.66
    p. 192 Regions Financial -26,949,789.25
    p. 196 Royal Bank of Scotland -36,487,662.12
    p. 205 Shakespeare Acquisition LLC -75,041,843.23
    *Wow – Shakespeare Acquisition sure lost a ton of money, did they not have any collateral?
    **I wonder what kind of things they acquired?
    p. 212 SLM Corp -16,749,909.42
    p. 213 Societe Generale -6,461.618.08
    p. 218 State Street Corp -2,971,628.24
    p. 221 Suntrust Banks -15,027,002.97
    p. 224 Synovus Financial -4,759,832.76
    p. 241 UBS AG -36,008,160.39
    p. 242 Unicredit -44,097,685.52
    p. 252 Wells Fargo -72,717,515.80
    p. 254 Wilmington Trust -3,887,941.84
    p. 260 Zions Bancorporation -3,864,265.08


  11. yes leap frog what we all thought to!!! its a moral hazard to put someone in a stated income loan , falsify income, deny modifications and fraudclose. my signiture is fake on the note sent to me. differnet font different pen. why let them steal peopels homes? make us homeless? one fraud after another. losing paper work, moving files, now fraudclosures what else

  12. I called Bondi’s office in June 2011 and told her assistant that the Tea Party, one of the AG’s biggest voting blocks, were displeased with her job on foreclosure fraud in FLA.

    I sent her our presentation outlining the MBS fraud and how these financial firms had stolen $11 trillion from investors and homeowners.

    Bondi was on the wrong side – her pivot is a good sign that public officials who bought into the “they owe the money” moral hazard meme are changing their tune.

    Better late than never. Other AG’s should fall into line soon.

    Hopefully Bondi and other AG’s will tell Holder to take a hike on the global banking settlement too.

  13. I don’t think she’s “seen the light”. Maybe she just thinks she can help the banksters better from the inside and appear to the outside (voters) that she is “rigorously pursuing corruption.” I remain skeptical. Her past actions demonstrate why.

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