Bank Amnesty: National Foreclosure Statute

MOST POPULAR ARTICLES

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

EDITOR’S COMMENT: The Banks are in a full court press to get amnesty for their illegal actions in defrauding people who invested in bogus mortgage bonds and who invested in bogus mortgage loans, with obscene profits stolen by the Banks tipping the scales of wealth inequality into the most dangerous territory we have seen since the French Revolution.

Like the attempt to get the digital notarizations and digital signatures statute through which Obama pocket vetoed at the last minute this time they want a national foreclosure statute. It is worse the the repeal of the laws banning trading with depository money and other protections for the financial system that were in place until Congress and President Clinton changed it to make legal what was patently illegal and to allow the very same abuses that occurred in the Great Depression.

Once again, the Banks are seeking to write the law and if you don’t stop them, they may well get away with it. But beyond the obvious amnesty they are building into their “study groups” there is a far greater risk.

Property Law has always been administered by each State which not only makes sense, it is necessary for states to have any rights at all. If this effort succeeds to produce a National code that applies in all states the ability of any state to pursue any policy initiative will be restrained by the Federal Government’s ability to to apply the same principles as what this National Foreclosure Statute is intended to do.

States might just as well give up their state sovereignty if this or anything like it ever passes. It is an insult to the people and the states to even consider it and it is another step down the road to abandoning those parts of the constitution that the federal government finds inconvenient because of the Banks’ influence.

Bending the Rule of Law to Help the Banks: Effort to Draft a National Foreclosure Statue Underway

by Yves Smith SEE FULL ARTICLE ON NAKEDCAPITALISM.COM

There is a slow moving but nevertheless troubling effort underway to change foreclosure laws across the US. The Uniform Law Commission, the same body that created the Uniform Commercial Code, a model set of laws that sought to harmonize commercial laws in all 50 states, has had two full day public but not well publicized meeting of a “study group” on mortgage foreclosure. Note that it took over a decade to draft the first version of the UCC and a protracted period for it to be implemented by states (most states have adopted the updated version of the UCC, although certain articles of the new version have not been implemented in any states).

Given its august history, one would think the ULC would be above political influences. That would appear to be a naive assumption these days. The study committee’s public meetings meetings to solicit opinion from “stakeholders” on “problems” with foreclosures. Curiously enough, these “stakeholder” meetings had no representation of investors (Tom Deutsch of the American Securitization Forum would claim he played that role, but everyone in mortgage land knows the ASF is a sell side organization) and effectively no input from homeowners or consumer advocates (none at the first meeting, and only, at the second, in Washington last week).

I got reports from three people who attended the latest session, in Washington, last week, na all were disheartening. Tom Cox, the Maine attorney who broke the robosigning scandal, provided a memorandum that argues that the commission has effectively assumed that the “problems” require a legislative solution:

Before there can be a determination made as to whether there is a need for a new uniform act dealing with foreclosure issues, there must be an clear accounting of (1) what the problems are that cause legislation to be considered, (2) what has caused those problems to occur, and (3) only then, whether the problems lend themselves to a legislative solution that would be offered by a new uniform act. Unfortunately, it appears that the JEBURPA letter of May 30, 2011 and all of the subsequent steps leading to this stakeholders’ meeting have failed to conduct the step 2 analysis. Further, it appears that the assumption has been made that new legislation is the solution to the perceived problems without there having been analysis of whether other non-­‐legislative solutions might be more appropriate.

I suggest you read Cox’s memo in full:

Thomas A. Cox Memo for ULC Study Committee

 

55 Responses

  1. @ enraged, perception becomes the reality. If one perceives their IRA moving higher, they are more likely to consumer and create new interest / debt. Our monetary system ensures one thing, if the people will not take on new interest, or refuse to issue new credit, the government must. The problem is, aside from the federal reserve controlling dollar supply, the reserve system banks (distributors) have also been busy overt the past decade creating money into the supply system through derivative contracts, trillions upon trillions worth.

    Each time the Fed tries to drain liquidity – they threaten us with a liquidity crisis and an impeding apocalypse.

    For must of us the inflation is already here to stay. We couldn’t give a three-pound red subway rat’s ass if it is core inflation or non-core. The bread is still $5.00 a loaf, milk is $4.00 for a half gallon and fuel is still just below $4.00 per gallon.

    This has nothing to do with demand,more so carry trade.

  2. @NPV
    insightful—–obvious when one sees the trading ranges enforced–so come hell or high water it inches up thu election and then inflation returns and —????

    not much hope for ira’s is there

  3. @ enraged – those computer programs do quite a bit more than one would think. It’s called program trading and now it only takes one guy to do what 10 used too. The majority just peddle influence and power. Program trading is something they are all in on, and so is the Fed.

    The Fed has the capacity through ETF’s to drive the market in any direction they see fit. The big houses on the street have computerized models which trade off FED technical levels being breached, up or down. If you watch these large gyrations and swings in equity markets without the yield on the 10 yr or 30 yr reflecting, it is a fed induced ETF push. There is only so much money and since the other currencies are worse off than dollars, this is where sovereigns and hedge funds park. The curve has been completely unaligned to equities for years now because it is fake money buying and selling.

    Day programs, three day marks and T1 trades are not productive to the long-term growth of capital markets. In effect, nothing has changed except the cost of funds for the large multi-service banks to take the risk.

    In easy speak-we all go to the card game with $100.00, the investment (whatever we call them now) banks show up with $1M, Eventually they are getting everybody’s $100.00. The only thing the have to estimate is how many hands it will take.

  4. OBAMA PUTTING PRESSURE ON AG’S TO SETTLE===
    CALL TO ACTION FOR MONDAY JAN. 23 2012

    http://www.scribd.com/doc/79039854/CALL-TO-ACTION-JANUARY-23-2012-OBAMA-PUTTING-PRESSURE-ON-Attorney-General-Kamala-Harris-TO-SETTLE

  5. @Trespass Unwanted

    “The note was never split from the deed”
    “If you derecongnize the basis in assets and admit to subordinating the balance due on the face of the note – you got a bigger problem. If discovered…you transferred bare and legal title to fee simple title.”

    Interested in this. More please if you please….M Soliman is so hard to understand but understanding grows….

    The thing that gets me about all of this isn’t even what a single owner has to lose or gain by attacking anything. All the individual and systemic solutions offered, conidered, settled or negotiated or in process of settlement… still feed the beast. There’s no end to this as long as the beast gets fed.

  6. @DCB,

    Actually, my friend, I still think you’re paranoiad. See, when you combine the total number of employees G.S. and AIG have (and G.S. just layed off over 200 just in NY and reported 58% loss compared to last years), it still makes out grossly… 60,000 people plus a few computer programs. Those computer programs are only as good as people run them and as long as they do, right? Get where I’m going?

    We are 7 billion people in the world. Worldwide, they are 60,000, combined, give or take a few hundreds. And if you look at what has been happening lately, their association in only skin deep: catch one with its pants down and the other will sing like a canary to save its own skin. And you know what? As soon as ONE country goes after them, the other countries will follow. And I have the feeling America doesn’t care much for China and Iran right now because… GS and AIG are not welcome there, or at leat, not under their own terms and conditions… Can’t prove it but I’d be willing to bet on it.

    Sorry, DCB: when you asked me that GS question earlier, I was not fully awake. It slightly affected me for a minute or two. As soon as I put the proper perspective on it, it loses its power over me.

    What you need to figure out, though, is this: are you paranoid because you have stomach problems (people in a lot of pain are often seriously mentally affected by it) or do you have stomach problems because of your thought process…?

  7. MSoliman told Charles this in an older blog post – The note was never split from the deed – the MA Land Court is amibiguious in the Ibanez ruling ….if not wrong. Trust me on this. If you derecongnize the basis in assets and admit to subordinating the balance due on the face of the note – you got a bigger problem. If discovered…you transferred bare and legal title to fee simple title.

    THE BIG LIE: BANKS DID NOTHING ILLEGAL
    this site – 2011/12/27/the-big-lie-banks-did-nothing-illegal/

    Fee simple – Black’s Law 5th Edition,

    Absolute. A fee simple absolute is an estate limited absolutely to a man and his heirs and assigns forever without limitation or condition. An absolute or fee simple estate is one in which the owner is entitled to the entire property, with unconditional power of disposition during his life, and descending to his heirs and legal representatives upon his death intestate. Such estate is unlimited as to duration, disposition, and descendibility. Slayden v. Hardin, 257 Ky. 685, 79 S.W.2d 11, 12.

    The estate which a man has where lands are given to him and his heirs absolutely without any end or limit put to his estate. 2 BL.Comm. 106. The word “fee” used alone, is a sufficient designation of this species of estate, and hence “simple” is not a necessary part of the title, but it is added as a means of clearly distinguishing this estate from a fee-tail or from any variety of conditional estates. Fee-simple signifies a pure fee; and absolute estate of inheritance clear of any condition or restriction to particular male or female, lineal or collateral,. It is the largest estate and most extensive interest that can be enjoyed in land.
    ——————————————————–
    Opinion
    The question is…do we have fee simple title, regardless of the fraudclosure or the threat of fraudclosure, since we all know the titles are clouded, even by Ibanez ruling?

    Is that the reason for the rush to give Countrywide victims only $400, and hurry up to get them to cash the check, and to trick people into some settlement with banks under the OCC review process, which will lead to a check (contract settled once cashed).

    I understand, some transactions are not complete until all checks in the transaction are cashed. Settlements will settle more than we realize. ment – means mind….so settle the mind?

    Trespass Unwanted, corporeal, life, free and independent state, in jure proprio, jure divino

  8. @ENRAGED

    Yes as I followed the Eu stuff–it quickly became apparent that the only place outside the US treasury bldg with more GS guys was in the EU meeting of finance ministers

    so im sure there are no leaks there–and the eu stuff just continues to fester while the shorts make more $$$—the hedge funds are loaded up with GS alumni–and lets not forget Don Corzinni–who lost $1.2 billion of MF Global’s clients money while shopping for castles on the Riviera –and walks free on the castle grounds

    no problems there–none at all—im just paranoid seeing this connected

  9. @DCB,

    Now, there’s also the love-hate relationship between GS and China where, from what i read, anytime G.S. advances in one area, Chinese block it elsewhere.

    And there is all the money invested by G.S. in central Africa (Congo) and Brazil to appropriate the largest reserves of gold in the word. Theyre not called “Goldman” for nothing…

    We thought we had problems? Pffffft!

  10. That’s Goldman Sachs in India… Notice the number of CEOs they have named there…

    http://www.bloomberg.com/news/2011-04-12/goldman-sachs-advancing-in-india-means-turning-half-cent-fees-into-profit.html

  11. @DCB,

    I didn’t express myself properly,

    I was talking about the world, not here. Wamu is peanuts compared to where Goldman Sachs has its fingers.

    Oh, and check out JDB such as Velocity Investment… Goldman Sachs. There everywhere. They’ve reproduced like rats in the background while we were asleep and now, they run everything.

  12. @DCB,

    This is one of the sources where you can verify the Goldman Sachs connection…

    http://www.euronews.net/2011/11/15/government-sachs-europe-branch/

  13. @ENRAGED
    Would you please list the said banks –are you including loan originators like WAMU–Option one –AHM etc–the real lowlifes –?

    If you are accurate —that would be a pattern that should be investigated extensively–“networking”

    It is reasonably credible–seems like GS guys are in every nook and cranny –like rats in a barn

  14. Back to the “Before, on, or after August 1, 2004” thing, the following assignment dating from Ben-Ezra & Katz takes the cake:

    “At or before the ensealing and delivery of these presents the receipt
    whereof is hereby acknowledged…”

    @ Dying Truth, good read, thanks for the link.

    @ DCB, take it back from them my friend, don’t let them swallow you. You’ve got way too much on the ball for that. I for one need your counsel.

  15. @Dying Truth,

    Funny that you’d mention it.

    E. Toile called my attention some time ago on something I was completely oblivious to: the fact that ALL the CEOs of failed banks woeldwide, which are jumped on the securitization of mortgages and taken a beating along with our banks and AIG came from…? Yes, you got it! Goldman Sachs!

    Of course, I had to check it out (I tend to check out anything and everything, these days… seems like the prudent thing to do) and sure enough, it is true!

    Our entire financial system is in the hands of Goldman Sachs. And it looks as though the entire financial system worldwide is in the hands of Goldman Sachs, one way or the other.

  16. E. Tolle,
    Regarding what you said about servicers all reading from a script, coming from the same level of authority, I found this article to be of great familiarity

    http://mediaroots.org/mr-transcript-unpacking-mr.-global-part-2.php

    Here’s the part which rings related…

    ” I was in London and there were three speakers who went right in a row. John [Loughlin] who is a marvellous journalist in Europe told this story of the privatisation in Eastern Europe in the ‘90s. And then Anne Williamson, who had reported for the Wall Street Journal in Russia, told the story of the privatisation and the rape of Russia in the ‘90s. And then I presented a paper called “The Myth of the Rule of Law” talking about the privatisation in the United States in the ‘90s. And we were all in a state of shock because what we realised was we were talking about the same banks, the same law firms, the same investors, and they were doing it everywhere. It was one model and it was happening globally. And it was a financial coup d’état.”

  17. @ENRAGED

    Exactly what does corelogic do? —is there a list of clients–if i have any connection ill add them to my discovery to get a better picture and discern any patterns of illicit behavior–its patterns that matter quite a bit

    Any patterns??

    and cover up activity–anytime there is a motion/letter order pushing secrecy–there is a reason–something in there is either an embarresment or…….. evidence of “pattern” of hiding things–as people say now –its the cover up that does the damage

    It could be as bad as obstruction of justice–if the information related to systematic insurance fraud(s)–or something that is clearly bad that we cant even imagine–one can only speculate on things–this would be the state’s cause of action–

    But the other party with standing is the NEWS-PRESS–thus one might say a pattern of imposing silence is itself a systemac impairment of the 1st amendment–for the people as represented by newsmedia—

    hmmm maybe online news media have a right to news of great public interest as if they were local newspapers –see Findlay Press case

    Is this site a news source?
    Maybe the site should file anti-secrecy complaints every time secrecy is sought–demand the secret information and publish it???? The site and victim and local counsel could build the case following a template—-there could be some advance of the public interest

  18. It is not the end of times, it is the dawning of Aquarius and the start of a deleverage period that will be unwound on the backs of Americans. No end of times, just a transition from one dynasty to the next.

    Don’t worry, the Romans felt invincible.

  19. @DCB,

    That’s exactly what I mean. Pretty darn tough to remain hopeful and positive when people come up with end-of-times theories. On the other hand, that CoreLogic thing really bothers me. I want to know what it’s made of and why people ignore it.

  20. @ ENRAGED

    Now iv got it—-the cynacism goes with the site, probably rises geometrically with time–its been a huge value to me since mid 2009. It has matured–and these discussions are very useful to sharpen the issues—-clarify—by comparing notes. And names of perps. People you need to share the names of the perps–facts just facts–not speculation or guesswork–not unfounded accusations –for those use hypotheticals–but if you have been abused by somebody and have a name and fact–tell us–we must share to identify patterns–thats what FBI etc are intersted in PATTERNS

  21. Typo alert!!!!!! Sorry about that.

  22. Joann,

    When I say “money rules”, I don’t mean as you imply it, you naive little thing. 6 months of reading this site has accomplished much more than enlightened me about fraud. It’s actually rendered me quite cynical…

    As meant “money rules” as in… if you have the money, you can pay anyone to do anything including rig the voting booth or the computer system, close his eyes to people voting twice, you know, that kind of thing you see in thrid-world countries…

    Famn it! Been listening to DCB too long! I’m turning into him!!!

  23. Black’s Law 5th edition

    Ex post facto – After the fact; by an act or fact occurring after some previous act or fact, and relating thereto; by subsequent matter; the opposite of ab initio. Thus, a deed may be good ab initio, or, if invalid at its inception, may be confirmed by matter ex post facto.

    Ex post facto law – A law passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences or relations of such fact or deed. By Art. 1 Section 10 of U.S.Const., the states are forbidden to pass “any ex post facto law.” Most all states constitutions contain similar prohibitions against ex post facto laws.
    An “ex post facto law” is defined as a law which provides for the infliction of punishment upon a person for an act done which, when ti was committed, was innocent; a law which aggravates a crime or makes it greater than when it was committed; a law that changes the punishment or inflicts a greater punishment than the law annexed to the crime when it was committed; a law that changes the rules of evidence and receives less or different testimony than was required at the time of the commission of the offense in order to convict the offender; a law which, assuming to regulate civil rights and remedies only, in effect imposes a penalty or the deprivation of a right which, when done, was lawful; a law which deprives persons accused of crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of the proclamation of amnesty; every law which, in relation to the offense or its consequences, alters the situation of a person to his disadvantage. Wilensky v. Fields, Fla., So.2d 1,5

    Ab initio – Lat. From the beginning; from the first act; from the inception. A party may be said to be a trespasser, an estate said to be good, an agreement or deed said to be void, or a marriage or act said to be unlawful, ab initio. Contrasted in the sense with ex post facto or with postea.

    Postea- In the common-law practice, a formal statement, indorsed on the nisi prius record, which gives an account of the proceedings at the trial of the action.

    Nisi prius – The nisi prius courts are such as are held for the trial of issues of fact before a jury and one presiding judge. In America the phrase was formerly used to denote the forum (whatever may be its statutory name) in which the cause was tried to a jury, as distinguished from the appellate court.

    In my opinion, creating or attempting to pass a statute that would absolve them of all blame for what they’ve done would be ex post facto and not the wikipedia version of ex post facto, but the legal definition version of ex post facto.

    Trespass Unwanted, corporeal, life, free and independent state, in jure proprio, jure divino.

  24. The argument would be that it was not really retro–it was just “clarifying” existing law. If court doesnt buy that then severe the retro application—–law still effective for later periods–but it underscores your point–the date business indicates that the drafters were also wondering

    when drafting legislation often one ignores conflicts with other statutes and constitutional law——–if you are drafting legislation–usually there is a group discussion and almost always somebody will say whatever you are doing is unconstitutional–its part of a lobbying strategy–

  25. that explains it–retro severing to save law if challenged

  26. This does raise an important point…..how can they make it retro?

  27. Enraged

    “money rules”

    Not if we don’t vote for it. 99% are finally figuring that out. Might have to suffer more before more get it. I so hope a third party and third party candidate – administration emerges or that there is a revolution in the existing parties. I am going to write my congresswoman today, who opposes the AG bribe deal, and thank her, encourage her to run for president and tell her I will not vote for any Democrat or Rebpublican or any other who does deals with crooks anymore.

  28. When MERS began having mortgages recorded in its name as nominal mortgagee, questions arose in certain jurisdictions as to whether MERS had the authority to act on behalf of its members.   See, e.g., MERSCORP, Inc. v. Romaine, 8 N.Y.3d 90, 828 N.Y.S.2d 266, 861 N.E.2d 81, 82-83 (2006).   As a result of questions raised about the MERS system, the Minnesota Legislature passed an amendment to the Recording Act that expressly permits nominees to record “[a]n assignment, satisfaction, release, or power of attorney to foreclose.”   Act of Apr. 6, 2004, ch. 153, § 2, 2004 Minn. Laws 76, 76-77 (codified at Minn.Stat. § 507.413 (2008)).   The amendment, frequently called “the MERS statute,” went into effect on August 1, 2004.   Id., § 2, 2004 Minn. Laws at 76-77.   The MERS statute provides that:

    An assignment, satisfaction, release, or power of attorney to foreclose is entitled to be recorded in the office of the county recorder or filed with the registrar of titles and is sufficient to assign, satisfy, release, or authorize the foreclosure of a mortgage if:

    (1) a mortgage is granted to a mortgagee as nominee or agent for a third party identified in the mortgage, and the third party’s successors and assigns;

    (2) a subsequent assignment, satisfaction, release of the mortgage, or power of attorney to foreclose the mortgage, is executed by the mortgagee or the third party, its successors or assigns;  and

    (3) the assignment, satisfaction, release, or power of attorney to foreclose is in recordable form.

    Minn.Stat. § 507.413(a).

  29. DCB, that’s what brought it to mind for me, as my loan was originated in 2003. I don’t see how they can force place this entity [MERS] post-dated.

  30. I can only guess that the style of drfting revolved around some event on august 1 2004——–so they wrote it this way such that the retroactive application befoe that date could be struck and that application severed and the statute still constitutional for the post 8/1 /04 period——-that would be why i would have written such a thing that way–which is a cue to attack it base on ex post facto stuff

  31. You know if they had only stipulated before or after August 1, 2004, some lucky bastard with a mortgage dated 8/01/2004 would have hit the moral hazard lottery.

  32. @Joann,

    Question: What’s money without the vote?
    Answer: The ability to create those votes out of thin air. As in… money rules.

  33. This is too funny!!!

    Before, on, or after August 1, 2004? I laughed so hard, I nearly fell off my chair!

    This is so surreal…

  34. DCB, they can’t be too careful, you never know when some Phoenicians will show up with an old legal claim.

  35. Strange drfting–befor on or after August 1, 2004 ?????–i guess it applied to french canadians in 1745

  36. DCB, it’s on page 14 of a MERS brief to the MN Supremes on Jackson v. MERS here:

    http://www.lawlibrary.state.mn.us/briefs/pdfs/a080397scr.pdf

    So it’s state specific.

  37. @ ETOLLE

    Where is that specific trigger date?

    I signed a document in favor of MERS in September 2004. Im so glad they made sure im covered by the amnesty period. Id have been disapointed in them otherwise.

  38. @ DCB, question….as to ex post facto, how can MERS be slipped into the system as such:

    ”further it [MERS] applies to all instruments executed, recorded, or filed before, on, or after August 1, 2004.”

  39. @TU
    Re ex post fact and attainder

    Sorry to burst your bubble–BUT–always a but in law;
    The prohibition on bills of attainer [per wiki-im no scholar on this] is limited to criminal law. I technically cant create a law tomorrow that penalizes you for something you did yesterday–although that has been done for pedophiles. Its a slippery slope.

    Ex post facto is also typically thought of as applying to criminal law too–but both wider and narrower in areas

    I have extensive experience with administrative law—-and tax law–and both go retro: again per WIKI;

    “A large “exception” to the ex post facto prohibition can be found in administrative law, as federal agencies may apply their rules retroactively if Congress has authorized them to do so. Retroactive application is disfavored by the courts for a number of reasons,[12] but Congress may grant agencies this authority through express statutory provision. Furthermore, when an agency engages in adjudication, it may apply its own policy goals and interpretation of statutes retroactively, even if it has not formally promulgated a rule on a subject.”

    now problem is that congress has delegated broad swaths of authority to agencies–a one paragraph statutory provision may grant legislative authority to an agency —and they always have interpretative authority—-so as the laws have leaned more this way—BTW Congress does not even see legislation before it is passesd generally,——

    —–the agencies get huge latitude to swing this way and that–often politically motivated——

    that is why iv wondered what kinds of rabbits they will pull from the hat—-at this juncture—lets just hope that they donr reactivate debtors prison

  40. meant senate

  41. @Joann, one way to save a cat – I love it! Just remember, the only things that has changed in their plan is that state judge decisions have slowed them during an election year. Regardless, of whomever prevails in November, the proverbial shit will hit the saved cat!

    They already have both candidates chosen for the money seat. Now they are narrowing in on other seats to control the Congress and the house, and unlike the rest of us, they have no political affiliation, and just want guys that will vote their interest on both sides of the aisle.

    This unwind was planned, well orchestrated and has hit an unlikely obstacle during a 4 year vote. If anyone pulls back the curtain to expose them we will suddenly hear that Iran has blocked the strait and has run an 18′ foot speedboat alongside an American Battleship and now we must prevent this embargo with several quick bomb runs. Oh yeah, after we have created another diversion, we will also overthrow the government and instill a central bank which will immediately peg to the dollar, so the unwind in two years can be completely coordinated. We wouldn’t want some emerging third world sh*thole to have an unfair currency advantage over the great job creators!!!!

  42. @DCB,

    They are bound by statement in Article 1 Section 9 of the Constitution.

    No Bill of Attainder or ex post facto Law shall be passed.

    —————————————————————————

    Everything is not always as it seems. I’ve put my foot into the fire a few times just to find out what was real and how all this works.

    AGs could have settled a long time ago. Banks wanted them to settle before they started the investigation.

    AGs are supposed to represent the ‘state’, but the creators of the game made the state not have any ‘people’.

    We didn’t know they were ‘redefining’ us in our transactions, but they taught us in school using Websters and they were learning out of Black’s Law and Bouvier’s law.

    People are a state.

    Persons are not.

    Persons for statutory reasons are a corporation, association, partnership, conservatorship (sp?) but not flesh and blood People.

    The bankers open a bank (a body of a corporation, called a person, it has a name) and have employees that ‘represent’ a bank (ie corporation, ie person), It is incorporeal…it’s a body without a soul.

    It has employees that represent it. It can’t speak, think, eat, sleep.

    Since unequal things cannot be joined together, they had to create something equal to contract with it.

    That would be the ‘person’ you represent in everything you do with them. Your ‘person’ is incorporeal and can’t speak, think, eat, or sleep, but you represent your ‘person’.

    When the mortgage was created, it was two incorporeal persons signing a contract and their representatives sat at the table.

    The mortgage says something like it was sold to
    Mr Jack and Mrs Jane Doe, a married person
    or Mr. Jack, a single man or a single person
    or Jane Doe a single person

    Man is defined as a person, and within the definition of man is woman and child.

    Their legal definitions do not define Male and Female.

    The bible says God created heavens and earth and male and female, but LORD God created earth and heavens and man and woman.

    AGs are supposed to represent the People of the State, but they are obsolete because they don’t think the state has people that require representation. They think they are dealing with ‘persons’.

    They protect the interest of the ‘state’, and that leaves them protecting their own interest if they think there is no People.

    But I have noticed the AG that I am a People and not a person. I have noticed the AG that I inherited the right to live here by birthright. We have the right of ‘self determination’.

    At any point when we wake up and see what they have defined us as, by right of self determination we can redefine our self to who we are.

    No corporation has any power over the People. The People are sovereign, but persons are not.

    We will say things like, ‘I’m just a person trying to..” and by right of self determination you have defined yourself as a body with no soul, as a corporation.

    Courts deal with ‘persons’. That’s why they have to have a Defendant (Who is a person) and their jury is a jury of persons.

    Going to court the judge will presume you are there to ‘represent’ the person in the contract…that’s why people do that ‘pro se’ and ‘pro per’ stuff, they are representing their person while an attorney on the other side represents the bank.

    There is a saying, and I’m quoting it wrong.

    The level of consciousness has to change in order to solve a problem that was created by a different level of consciousness.

    Many blog on here and have no clue how they are playing into the hands of that system. Some cases will win and some will lose, and you can dig through all that paperwork and not figure out why.

    Why do some win and some lose? There’s no real explanation. It could be it was ‘time’ to have a case won in that courtroom, or that attorney pulled the long straw, or that judge wanted to punish a bank or attorney for incompetence, or whatever.

    Courts are not ever going to be fair, and they have no jurisdiction over the People, but the contract was signed stating we were not People. How do you challenge signing something that was disclosed but you didn’t see it?

    So for me, I had a valid contract, I signed it, but who took my home did not have a contract with me. That’s why I have the confidence I do in my situation. Even if they weren’t supposed to loan me any money, I thought they did and I promised to pay back ‘someone’ specific. I knew that someone could assign it to someone else, but an assignment meant documenting in the public (Statute of Frauds) and a transfer of the paperwork so when I satisfy it, I get the canceled contract back.

    I’ve paid off a car before and got the canceled contract back.

    This is different. When they stole from me, I wanted to know how they could do it against the terms of the contract, and that’s when I learned about all the other ‘hidden in plain sight’ things they have done.

    I am a People, I am corporeal. I make sure they know that at all times so there is no ‘presumption’ that I’m a person and that I am representing anything.

    Nope…I come at you real…flesh and blood…by a different Creator, not the LORD God creator of man and woman, but of the God Creator of male and female.

    God’s jurisdiction is supreme to LORD God’s jurisdiction.

    The bible has more clues to this game than many realize.

    It also tells who will win. The meek.

    The home was collateral for the loan, so they take the home if you fail to perform the obligations of the contract; because they can’t attach to your job and take your wages to make you pay for the home, that would be peonage (Violation of the 13th Amendment of the Constitution).

    Amendment 6 of the Constitution should protect us from their trespass of theft and offering less than what they stole as restitution to make us whole.

    Amendment 6
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    In my opinion, Any settlement that doesn’t satisfy the people in the theft, even if we unknowingly represented a ‘person’ in the transaction; would be in violation of many provisions of the US Constitution, because we suffered unreasonable seizure of our poroperty and the ‘unlawful detainer’ or ‘writ of possession’ is the warrant issued by the judge to seize the property, and it described the thing to be seized and affirmed (you can put your hands on the persons and property to remove them), what the sheriff was to do to remove them…only law enforcers have the power and authority by oath to satisfy the terms of a warrant.

    This is bigger than many realize, but the smoke and mirror will have you run left today and right tomorrow.

    A US Constitutional violation cannot be fixed by a statue that relies on the US Constitution to determine if it’s a valid statue.

    The Government is of the People. Congress creates laws for the People.

    I don’t care if a contract has the word person on it…it was a People who represented that person. The People are secure in their persons.

    People are a state. The State exists for the people.

    I don’t care if the contract is between persons, there were People representing the persons in the transactions.

    Maxim of Law – The creation cannot be greater than the Creator.

    The person cannot be greater than the People.

    Someone lost fact of the facts.

    Amendment 6
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,
    ……………

    Game over.

    Trespass Unwanted, corporeal, life, free and independent People, jure divino ( by divine right), in jure proprio (in one’s own right)

  43. First of all, why are these guys (ULC) meeting in Vail? The last I checked; I did not see any increase in foreclosure activity in that region. It is hard to get the public perspective of the foreclosure crisis from the foothills of the one of the most expensive realty markets on the planet. If the ULC wants to be truly aware of the events, divisiveness and fallout from the decade of fraud in this industry-hold your next conference in Detroit.

    Second, we pay members of the legislative branch to defend our rights at the federal level to safeguard our sovereign state rights. Why are they not present at each of these alleged discussions?

    This is shaping up to another usurp of state rights and procedure. The system of foreclosure procedure at the state level is not broken. the system of adhering to the rules and law of each state is what needs to be examined, re-implemented and enforced.

    The fact that most of the States are behind on their dues to the ULC is a glaring example that nobody is watching this back-door atrocity waiting to happen. Why aren’t the AG’s for each state at these meetings? Neil, why are you only posting one memo from one lawyer. Is that the extent of attorney participation. One guy? That’s it? How can we the people anticipate that we will receive equal protection by hiring competent counsel, when only one guy cares enough to put up the first line of defense.

    I am truly frightened that these semi-authorized committees are even given the platform to draw conclusions or ideas.

    Message To Our Fearless Leaders, “excuse me; I meant Lenders, well er… well they are now synonymous”

    Dear Fearless Lender: The system is not broken! Your ability to follow hundreds of years of rule and law is also not broken, it is just inconvenient. Some of us are already aware of the fact that none of this is a mistake. This is all an intentional unwind of credit expansion that exceeded intended targets due to private currency expansion and your failure to regulate private dollar supply through derivative contracts.

    The federal reserve corp has failed miserably at each of its objectives since its creation, or has it! Stable money supply and consistent economic expansion cannot be controlled through reverse looking monetary policy, specifically within a technological global financial system. Our private money creators know this, and that is why the expanded personal credit (debt / dollars) through SPV and other non-recourse entities. I watched it all transpire and can tell you from personal insight – none of what has occurred to date was unexpected. it is all intentional, focused and specific. Just have to take care of those pesky judges who are slowing us down with some preposterous state level property and consumer protection laws, or something or another…

    Thank you Mr. Cox for having the courage to stand up for us all. If I was still in banking I would have recommended that we JFK(ed) you already. I mean the public would go for it, we could just blame Fidel Castro. He is still alive and a likely scapegoat. Mr. Cox, avoid and trips to Texas. Wow, just one guy!

  44. They dont need amnesty

    http://stopforeclosurefraud.com/2012/01/20/insight-top-justice-officials-connected-to-mortgage-banks/

    A vote for Obama the demagogue is a vote for the banksters

  45. @JOANN

    Thanks for the tip–I am really appreciative–that is what i was hoping to catch on yet another case–itll help me allege a pattern and get broader discovery—thank you so much

  46. While the press and the legislators are busy with perpetual campaign drama the financial engineers are quietly structuring Bills for them cut and paste using computer models round the clock. Deceptive instruments as always. Small foreclosure battles are making a dent here and there in the courts while massive foreclosures roll on ignored in most courts. Who is drafting bills that could end the deception? Don’t wait for the lawmakers to do it. Spell it out for them. Can’t help it I kind of like this one (refine it or rewrite it or write another one and ask articulate journalists to do it. More than one way to save a cat. Legislators know there are more votes in the 99% than there are in the 1%. What’s money without a vote?

    http://market-ticker.org/akcs-www?singlepost=2827206

  47. @ TU
    No law is retroactive, so even if they create one, it can only be for the valid contracts they have going forward.

    Iv been wondering how they can affect civil litigation—id say you were correct except for so many things iv seen since 2007—seems like laws are sort of maleable—-so im afraid theyll say–this is the proper way to interpret this law and then stand back and let the collection agencies go—–except in most places they already have–but then maybe they have been restrained and we just havent really seen what they are truly capable of–i wouldnt have thought they could have a coordinated natl plan to wipe out the occupies either—or some of the other 1st amendment stuff–but they have

    it scares me to see the ags attempting to do a deal for benefit of only 1 million families–has smell of being based on discrimination

  48. Opinion.
    This is a distortion.
    If the banks really had their stuff together they would not need to add something to give them ‘more power’ to do what they’ve done.
    No law is retroactive, so even if they create one, it can only be for the valid contracts they have going forward.
    Seems to me if they sold the brooklyn bridge from under it’s owner, if the new owner does not pay, how can they foreclose when they didn’t own the property and didn’t have the right to convey it in the first place. Even the purported buyer could potentially say they aren’t sure who they owe, but they want to use the foreclosure procedure to find out who the ‘real party of interest’ is, so they can make sure the real party is being paid since they want to stay in the house.

    Oh what a tangled web we weave when we attempt to deceive.

    Trespass Unwanted, corporeal, life, free and independent state, jure divino, in jure proprio.

    If there is no people there is no state. The state is the people. The people are sovereign. Until someone gets that real party to show up…that real party is is ‘equal and one’ with the people but hides behind the corporation, this house of cards will tumble and tumble hard, and the soul sellers will have to deal with the consequences of their soul path but they had free will to follow that path and deal with the consequences of their decision.
    End Opinion

  49. @ABBY

    Paula Rush lived that role for 3 years—–she was on committee with big-banks–a Jr partner at the wrong end of table –but yes have to aggregate claims—every borrower should file maximum claim–otherwise the banks sell collection rights to collection agencies and they are off like a rocket doing everything they can to squeeze money out of anybody in the vicinity of a house–theyll take the farm next door if they can—-theyll sue your kids –ask lynnsyzmoniac–paula knew all about how this works–if any of these go down like ahm–she should be brought in—iv never met her –have no common economic interest–but know she was a smart and determined fighter–but she may be dead or worn out??/

  50. FILED WRIT TO KEEP OBAMA OFF THE BALLOT IN CALIFORNIA AND STOP HIS FUNDRAISING

    http://www.scribd.com/doc/78908574/2012-California-Writ-to-Keep-Obama-Off-Ballot-Stop-Fund-Raising

  51. Is your predatory lender now in bankruptcy? Think about doing this!!
    Form a borrower’s committee!!

    http://www.scribd.com/doc/78906500/Mortgage-Borrowers-Win-Official-Committee-Status-in-a-Predatory-lender-bankruptcy-AHM

  52. I predicted this months ago on this site when everyone was so excited that the banks were about to be forced to answer for their crimes.

    When fraud is this massive it requires a legislative whitewash because it can’t be fixed one case at a time

  53. they better start with a foreclosure moratorium !!

  54. No matter how this shakes out–looks like its better to do purchases by land contract—-it is no longer safe to borrow money for housing through securitizations that end up leaving you in the hands of an unregulated and predatory servicer–collection agency—used to be Household Finance–poor folks borrowing $500 or buying furniture —or buying a mobile home—–but now you can buy a $500k house and get same predatory treatment as an unemployed borrower of $500 cash——–all of us are just sheep to be shorn–some yield more wool–otherwise no differences

Leave a Reply

%d bloggers like this: