Contempt of Court: U.S. Bank President Rejects Court Order to Appear


What’s the Next Step? Consult with Neil Garfield

For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think).

Editor’s comment: What do you think would happen if the Judge ordered you to appear in court for the next hearing and you simply did not show up and sent your cousin instead saying you were to too busy to see the Judge? My guess is that at a minimum you would be fined and you might even get free room and board in the County Jail without bond.

That is what U.S. Bank and its president are facing soon when they confront a very angry Judge in Sarasota, Florida. Playing fast and loose with the money, the documents, the forgeries and the lies in court, U.S. Bank stands out as the poster child of Bank Arrogance.

This is the same bank that allowed a foreclosure to proceed in its name without ever having specifically requested or authorized it. The attorney admitted in that case that he didn’t represent U.S. Bank and had never spoken with anyone there either. So the Bank was able to assert plausible deniability when the foreclosure was deemed wrongful. At this point the anecdotal evidence strongly suggests that if U.S. Bank is involved in a foreclosure the deal is dirty and should be scrutinized carefully.

Matt Weidner continues to keep up the pressure and the vast wall is cracking, the shrouds are tearing and the banks are being revealed for what they are: fairly common criminals with “get of jail free” passes. Thanks to Matt and other attorneys around the country, the tide is turning and those passes are going to expire. U.S. Bank will be the first one to see a bank executive behind bars. You see the problem is that they don’t want to commit perjury directly. They want to do it through surrogates. Matt understands this as well as I do. He knows that once the Judge things the forecloser is dirty, they are cooked. Settlement offers start popping out of the woodwork.

Contempt of Court: U.S. Bank Ignores Judge’s Order for President to Appear

71 Responses

  1. Federal Court using contempt powers Orders house payments be made BEFORE any liability is established on the prommisory note, then GRANTS summary judgment (Foreclosure), changing the redemption period to 10 days after summary judgment. The Court also issued a Show Cause Order why owner should not be held in contempt for not making the court ordered house payment, AFTER Deutsche Bank was GRANTED foreclosure.

    All the above relief for Deutsche Bank was not even requested, by Deutsche Bank, the Court did so all sua sponte.

    See Bridge v. Ocwen, Case No. 07-2739, September 11, 2007, Northern District of Ohio

  2. The Courts and the attorneys are all making a mockery of this President in St ,Louis , Mo
    The Bankrupcy attorneys along with the Judges, i will not say all Judges however, moost are taking kickbacks.
    This was set up from inception. I do beleive the certificate holders of my loan where and are Hotel owners currently in Bankrupcy.
    The original Note and Deed was never rpesented to the Court. They never delivered the Original Note and deed inot the invsible trust.
    I know this to be a fact , I am in possession of the original Deed
    The Corporations with the boardof directors will show you the fraud.
    when you knwo the truth and challenge the truth with calling out the criminals…….they then place you on a hit list.
    Cointelpro tactics are used , termination of employment ,diverting phone calls therefore you can not call out for help or inquiries.
    Mulitple layers of rofessions are created for these people that are part of the fraud. This is how your property is being transferred.
    They hide behind corporations. the courts know full well what is being done,. Obama , does not know this is being done. Why do you think gun control is being used as the excuse to ome in and take your property. There is not a Trust with one Note or Deed in it. This is an IRS issue. KPMG is in the middle of everything. When a attorney can follow and harrass you by staking and harrassment , we have a problem with the legal system.
    what is wrong with Black folks in stlouis ? They go along with this madness participating in this behavior. Citimortgage is creating alot of these documents as well. The Citimortgage / Citibank employees are willfully involved in the harrassment tactics. they will wait for you on the side of the road, at the end of the street, The German town Boys Home in St.Louis , Mo. on Natural Bridge in stlouis , Mo are deeply involved in this behavior , even worse …. have the children active in this as well. why are children shooting? I beleive this is not just in stlouis it is everywhere. The children see their parents active in this behavior. Why would the children then not think this is normal behavior. How is it then the so called adults want to remove themselves from this crime. Why the answer is in the Bible , Chickens come home ………..
    Don’t blame Obama . The Political seats in stlouis are making a complete Mockery of this President. It will not be allowed. God will not allow this. He has done his part to facilitate the progression of all people , we unfortunately have politicians that are taking kickbacks, washing each others hands and commtting complete fraud. Not his fault it is your elected officials. It was the elected officials that thought to facilitate Mediation. For what ? We have laws on the books, why aren’t they or betteryet why weren’t the current laws enforced? because the politicans are hand in hand (Partnered ) with the banks.
    The hotels are a big part of these foreclosures. Ask to see the certificates behind your loan. They wont do it. This would be a clear path to the fraud. MSD is partnered with the fraud as well.

    Credt Control is behind the fraud and harrassment of homeowners. But who and when these certificates are in the federal Courts , who then goes after getting the home for the Court??????
    The certificates are worthless without the home, right ?
    This is why the attorneys are part of the fraud.
    they are committing fraud and want you to think , the home is in foreclosure because of something you have done, They are committing fraud !!!!!!!!!!!!
    you are the victim of foreclosure fraud. Don’t be fooled.


    *****If you find Ed Fisher or Cliff Cotton on any of your documents with MERS, new assignments Lender Processing Servicers please retain all fed-Ex packaging with all documents , correspondence.

    if you find you are being harrassed , followed and or terminated from your employment without reason please send an email with your information and contact. The investors have targeted your loan for foreclosure or Bankrupcy. Hold on filing for Bankrupcy its just a trap.

    Mediation is used as a result of the State resecuritizing your loan. We have laws that are currently on the books which if enforced the banks could not foreclose legally on one home. Millsap and Singer was allowed to foreclose on a property by a St.Louis Judge, with the owner in possession of the ” Original Deed ” , Property owner was dynied ” Due Process ” with requesting an open Jury Trail. Orchestrated fraud, members listed on an altered Death certificate was found on the owners File listed , located at the St.Louis County Recorders office.

    systematic fraud

    Webster Groves
    University City
    South St.Louis
    Pasadena Hills


  5. I would love to burn US Bank and Bank of America in California and I have the case to do it. Someone should give me a call.

    61 months and counting …
    Fought off GMACM and MERS in 2008/9

    Forced BofA to reverse foreclosure. They just defaulted on WF lawsuit. US Bank demurred to the complaint, claiming that I sued the wrong entity.

    US Bank has now been forced to stop sale on four occasions since Nov 14. Got them on the ropes in Appeals court as well.

    All pro per …. less than $2500 spent since Nov 2007 fighting so don’t waste my time demanding money upfront if you don’t have my results.
    If you can close my cases, you’ll earn your money.

    (714) 512-5740

  6. Its the bonus part that kills me to death
    Stripes is correct about the fat bastards
    I havt heard that term since i left england
    And yes fat bastards live there too

  7. Take a stiff drink whilstt reAding too

  8. All- please read matt tiabbi 17 jan edition of rolling stone magazine. One of my collegues shiwed me today. Google it.
    I have no answers but one thing for sure
    If we dont get the truth into regulating the banks the accounting and transparency in lending then what next.


  10. No…the FED owes the principal because they went into Default at the ORIGINATION FRAUD…and are in possession of millions of overdue instruments. The ORIGINATION FRAUD was deceptive and therefore criminal and the collection of any payments from anyone was theft. The investments they bought back for their foreign shareholders/bondholders or sold on Wall Street around the world were fraudulent to gain unjust enrichment and an act of war on the American people….they intended to overthrow our Constitutional Republic and end our National Sovereignty to overtake us without ever firing a shot. Obama and Congress & the Senate have handed these crooks $60.4 trillion dollars of our wealth in TBTF bailouts to date and 20+ million fraudclosures and are handing our property over to our foreign enemies for spit in return they are forcing us all into poverty, OBAMACARE and are attempting to disarm us and declared all of us potential terrorists with the NDAA. They are all insane criminals.

  11. These bank attorneys are not there to litigate. They are only there to steal property they have no legal right to take. That’s why when you ask them any pertinent questions they do not respond. The judges are simply playing dumb and when the property thieves screw up the judge gets mad at them and tells you they have a right to do it over & you better get an attorney. Their veil is paper thin.

  12. They are creating a fictitious amount of money, they never lent you in order to take property and/or slap a deficiency judgement on you for money they never lent you on property they never owned….and are calling that equitable compensation. They are being compensated for nothing. They never lent you any money and they have no equity in our property. They are simply criminals who are getting away with murder.

  13. They are acting like a credit card company in regards to real property. That is not legal. They have no legal jurisdiction to do that in regards to real property.

  14. “They can claim the unsecured amount” is deceptive because the Issuer never lent you money….they lent you credit…..and these supposed debts the Plaintiffs are trying to collect are really their own debts… disguised as our debts and are attempted to be collected by a third party unknown to the court that can’t be located…..whose identity & whereabouts are unknown. It’s a scam by IMPOSTERS who are covering up for the default by the FED in your name. They are really in possession of an overdue instrument ….. and are counterfeiting and forging to gain unjust enrichment…..THEY WANT TO STEAL YOUR PROPERTY FROM YOU………If they are bearer instruments ….. how did the Plaintiff, who the note/check was not written to…..gain possession of that note/check…..? An Allonge transfers nothing in regards to an unindorsed note.

  15. may only invoke jurisdiction to enforce an unsecured amt to be determined by credible, admissable, and complete (another key word) evidence

    do you have a good cite on this ?/

  16. any agency
    regarding real property must in fact be reduced to writing.

    yes so servicer should have something at cths re poa from trust before seizing proceeds

  17. for jve – yeah, principal

  18. I don’t know that I can agree that case law on relationships between attorneys and clients is scant, but I do agree, dcb, that the confirmation of apparent or implied authority for an attorney must come from its alleged client, not from the law firm or a third party. I think the bottom line is that a servicer or even the attorney can sqwauk all day that the law firm has apparent authority, but it’s to no avail, since only the principle can acknowledge or ratify apparent authority.
    I have been sqwauking myself for a long time now that any agency
    regarding real property must in fact be reduced to writing. No one seems moved by my sqwauking, but I stand by it. I’ve advanced this in regard to MERS as an agent and taken the position they’re dreaming since such an agency can’t be implied (or apparent, etc, any word but expressed) because real property agency must be expressed. Now I was wondering how the law held the relationship between an attorney and a client. We all know there’s a fiduciary, but material at your link says the relationship is deemed an agency. So if that’s true and I’m right about agency and real property, a court could never find apparent authority between someone and an attorney dealing with a real property matter unless there’s an exception for attorneys I don’t know about.
    I still believe that when there is lack of endorsement and delivery, a party who has paid value for a note has only a security interest, and given today’s facts, it seems to me that a trust might, must, could, would reject an assgt of the note and dot (which is what is going on with ‘mers’ assgts of the dots and notes – bankster and mers are playing a double game) at this date in an attempt to convert the security interest to ownership IF for no other reason than to use the trust for a credit bid (using its own credit bid would expose the bankster’s ruse, including leaving THEM on the hook for serious taxes owed by investors as a result – a result I believe is known to our govt and which is ignored as part and parcel of tbtf).
    Course, all that is being skipped by courts, and us, as well, in favor of the trust allegedly having possession of a bearer note. (But does it? Does possession of a note by a law firm, which doesn’t in fact represent a trust, by some magic or voodoo equate to a trust having possession?)
    I’ll say again if only for myself because my memory stinks so bad that one in possession of a bearer note may be entitled to enforce the note, but has NO right to an assgt of the collateral instrument and therefore, notwithstanding (keyword) other relevant issues including (but definitely not limited to) the all-but-forgotten FRCP 17, may only invoke jurisdiction to enforce an unsecured amt to be determined by credible, admissable, and complete (another key word) evidence.

    GC, if you’re around here, you might want to see FRCP 34 as well as
    FRE 106.
    Lay opinions – ask a lawyer or 10

  19. Those Allonges are fraud….FRAUDULENT CONVEYANCES….and so are the unindorsed notes fraud and deception…..the banks via the FED cashed those checks and racketeered with credit slips and Wall Street created a mountain of debt for them with copies of instruments they had no legal possession of by counterfeiting and forgery they overissued investments in a revenue flow to property they did not own, without our knowledge and pocketed all of our payments….it was a pre meditated credit & investment ponzi scheme with our money using counterfeits and forged instruments and it was intended to destroy our National Sovereignty by our enemies both foreign & domestic by making us believe the BIG LIE that banks lend you money……they don’t …..they lend credit and they use the issuance of credit to destroy the value of everything you own by overissuing investments in a revenue flow disguised as ownership. Investment is not ownership nor is it an endless entitlement program to receive endless payments from us. That can only continue until you realize you were induced to sign a fraudulent contract.

  20. That is why Indorsement or Instruction does not guarantee a security entitlement. If it did, anyone could lay claim to your property.

  21. Article 8 is the underlying transaction they are hiding that is hiding the Origination Fraud by the Issuer. That is Concealment and that occurred at the onset of their fc . You can’t have status of a holder or a holder in due course if the Issuer never had Possession….when a note is unindorsed, the party bringing the claim must demonstrate both possession and the underlying transaction which it gained possession… (Collins v Ogden)… Securitization to the Issuer can only be created by Acceptance & Consideration paid by the Issuer of the Original Bill of Credit…..otherwise all subsequent claims are fraudulent.

  22. I should say you cannot have a security entitlement without Acceptance and Consideration paid by the original Issuer of the original bill of credit. That requires perfection by Performance by the original Issuer. That never occurred. The hidden third party are simply Presenting upon the court a claim on a security entitlement that never existed because of the Origination Fraud by the Issuer. An attorney told me all the judge only cares about the current claim…NO…they can have no proof of legal claim without ever having Possession… and they can’t have that because the original Issuer never performed on the Original contract.

  23. needcaselaw…..they are IMPOSTERS; fictitious payees…third party debt collectors who are hiding behind their attorneys and servicers and cannot be located…..they are thieves & thugs disguised as payees. They are seeking to gain unjust enrichment by deceiving you…they already got paid….+++++………


    Fed. Home Loan Mtge. Corp. v. Rufo, 2012-Ohio-5930.]

    Wells Fargo v. Burrows, 2012-Ohio-5995.]

  25. By out of here I mean the blogosphere…I would be instead, busy building my own bunker and building my own arsenal. Hopefully that won’t be necessary, but no one really knows that for sure. If that day comes, we will know it.

  26. I agree poppy…why aren’t we all on the same page….? I am trying to warn people…. beware the deceivers, they will steal your freedom and your independence. There are many severe violations of our Constitutional rights and there are much more nefarious reasons for that than what it appears. This is an evil plan by some very evil people hiding behind the scenes of this. They have infiltrated everything by secrets, lies & deception to defraud WE THE PEOPLE of everything.

    They are NEVER going to tell us that…

    This was never about Wall Street making money, this was always about complete control of everything & everyone. From 9/11 to the Patriot Act to their manufactured financial crash to the ongoing bailouts, the NDAA…the manufactured poor economic conditions leading to the fraudclosures, no proper legal representation for anyone, the increasingly stupid laws they are putting in place, no gainful way to get ahead and soaring inflation….this is history repeating itself…..WW II all over again but more refined and much more well organized. This is their evil end game plan for World Domination……it is complete communism and the American people are the only thing standing in their way. No one will want to live under complete control by these Dictators….NO ONE….They will use many new deceptions to get you to agree to their manufactured slavedom…….It begins with the weakening of you financially and it slowly gets worse from there. This is no accident….this was all well planned by very evil people & I see what Christine & a few others are selling & I don’t like it and I will call it what it is….COMMIE CRAPOLA.

    Article 8 should apply to everyone…..these are supposed to be MORTGAGE BACKED SECURITY ENTITLEMENTS ….
    Article 8 is the underlying transaction they are hiding..the ORIGINATION FRAUD….Even articles 9 & 4 require Article 8…..securitization… can’t have Acceptance and Consideration of a Security if it was never a Security and this was not reckless, this was criminal at the onset of their fc……they intended to steal everything from you.

  27. iwantmynpv – got a link to the appeal decision? I’d sure like to read it and probably won’t think the appeal decision undermines the principles
    recited by the lower court. I’m very anxious to see if and on what basis the appeal ct found the lower court abused its discretion or exceeded its authority.

  28. Deb..I said they probably do not want to see complete chaos which is anarchy. I spoke to an attorney a while back who told me if things get worse, it won’t matter who is in foreclosure because everyone will be in foreclosure then it will be anarchy. Certainly no one wants to see that. Even that attorney said he is leaving the country if that happens because he doesn’t want to be here to see that. He also told me he hates the banks. That meeting was a couple of years ago, and so far I am not seeing the economy improving, however, I remain optimistic or I wouldn’t be here, fighting the tyrants, I would be out of here. This is about finding out the truth about this evil plan and unfortunately, it is not always pretty.

  29. BB&T is a quite conservative bank, and I have not run across any egregious situations other than notary problems with them. BB&T is quite zealous as to protecting its good reputation, so there are no systemic criminal misconduct problems as you see with say Chase or Bank of America. USBank is another story. I am working on a real slugfest with USBank and will post results shortly. Quite a bit of data is coming out.

  30. Can anyone help me find an attorney in the San Jose/San Francisco area? I have been leaving messages at the 520-405-1688 number for weeks and have submitted an e-mail to the site to no avail. Is there anyone out here that can help me?

  31. @ Jan van Eck

    You are going to post info, as you get it about US Bank and BB&T?
    Appreciate it. Poppy

  32. Although USBank v Jansen recites “Branch Banking and Trust Co.” as a co-defendant, the proper name would appear to be: “Branch Bank & Trust.” It is known by the initials “BB&T.” That bank is based in Virginia as I recall, and has a large regional presence in the SE.

  33. to “needcaselaw”:
    The case that Mr. Garfield was describing in the Contempt matter above is “USBank NA v. Dimitri N. Jansen; Kay Jansen; Florida Housing Finance Corp; Branch Banking and Trust Co; et al,” Circuit Court for the 12th Jud. Distr., Sarasota County, FL, 2007-CA-004769 SC. The “Order to Show cause” was signed by Judge Robert B. Bennett Jr. on 19 Dec 2012.
    Although I have a copy of the Order to Show Cause, I do not (yet) have a copy of the actual Decision of Contempt. that apparently came down on 28 Dec.
    Counsel for USBank has filed Motions to set aside the Contempt, on various grounds.

    I do have that transcript where counsel for USBank admits they have no clue who they represent, against the day I dig it out I shall post it to this specific LL discussion.

    USBank has been repeatedly found to have fabricated documents and invoked unsupportable allegations before the Courts.

  34. […] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: contempt of court, Dimitri Jansen, Judge Charles Williams, Matt Weidner, paperwork, Sarasota, U.S. Bank Livinglies’s Weblog […]

  35. @John gault

    That was the Spinner case, and it was overturned on appeal. The Suffolk Supreme remains extremely divided, from one part to the next. Some Judges refuse to even hold mandatory conferences and others simply put the bank to the fire,and let them prove their way back from the flames.

    Sadly enough, the bank lobby is rooting in at the State leel and very soon you will see a the next major usurp of State Right occur through federal regulation.

    Our Conrgess wholly supports an end to the foreclosure crisis, lest they risk their own freedom in many cases. I already see them taking out the federal broom to sweep this all under the table within 24 months. Pack your bags fellow citizens, the days of fairness are coming to an end…

  36. like you Poppy i have lived in the trenches for almost 5 years fighting this, yes , respect one anothers opinion, and ive said this before, filter out what you want and derive the truth for yourself. each case has taken a slightly different turn but the unjustness of it all is the same. onward. i dont judge stripes, i just dont like that word Anarchy, innocent people are the ones that suffer in such circumstances. thats all i have to say about that. we have to use the law to fight this, its all we have left.

  37. Hey strips, just my two cents.

    christine mostly cuts and pastes articles. Those who find them compelling and it works for them, terrific. Personally they are worthless. I don’t see the value of “prostituted” published “stories” with half truths and censored material.

    Again just my thinking. We are all void of procedural experience. We have all the pieces but gaining legal expertise takes time training and it is drudgery.

    Sure you go on tirades, so what! Some of what you put out is spot on and it is not gleaned from the fabricated stories specifically meant to deceive.

    So it goes, each to their own. I thought “everyone” here had a grand respect for our Constitution; isn’t that what we are all being deprived of here; our rights? Just like the First Amendment, freedom of speech and freedom to speak, even if one is offended….just move on folks if you don’t like what someone says.

    FYI strips: article 8 is spot on, once you can evaluate how your note was handled…and by whom.

  38. No anarchy ok stripes stop saying that
    Believe the legal system will hold up just a few good men and a few more goid judges will turn the tide. And by the hand of god.
    No more negativity. Truth stands all by itself.
    One version.
    Ill be off to work now. Peace

  39. There is no better way to cause national anger than when people are broke because they were robbed by the banks and the politicians. Then they will really get it. People really show their bad side when other people are poor. Wait till everyone is poor. No more nights out, no more vacations …..things you thought were necessities become luxuries…..basic needs are not met…like dental visits. Trips to the grocery store become depressing because the money buys nothing but the necessity’s and that’s only if you have a way to earn money. Those on food stamps don’t even get to buy toilet paper, shampoo or feed their pets with those things. Cable Tv…forget about it….you have skyhigh utility bills to pay. The worst thing about it will be their fix for their fraud…..complete communism but they will call it something else like Obamacare.

  40. I don’t drink the water… enough people haven’t reached the breaking point yet. It’s coming. I hope it doesn’t end up in complete anarchy in America. I don’t think they want things to get completely uncontrollable. I don’t think they ever really counted on losing the trust of the people, but they have in a big way.

  41. i am going to blame the non action of the Americans on a “wonder drug” named flouride. during the riots of the Vietnam war erthese
    se government gave out LSD to subdue the hippies. it work so well how do they subdue an entire population? flouride in the water.why has 97% of Europe rejected flouride in their water supply. do the research.

  42. Christine sounds like Benjamin Fulford….controlled opposition..trying to get us to agree to our own demise because they all got caught. Their crap will get you a one way ticket to hell on earth and they will tell you that you agreed to their NEW WORLD ORDER…Same shit they pulled in Europe with the Euro and they all got duped right into it. They all gave up their Constitutions to join…Now they all want out and they want their own currency. That’s what happens when you trust politicians and let them “fix” things. You land in hell.

  43. Concealed & Carry hasn’t been legal here for a long time. This is nothing new. No one pays any attention to these jerks anyway. As far as the new system Christine is taunting…. that was their evil plan all along. Do you really believe this crap…? Honestly….a Vatican gold backed tyranny is just what the Commie Globalists wanted all along…a commie fix for all of their manufactured “failures”…. they want a paperless currency & tattoos in our hands…peace & harmony commie style….they want to control everyones a mind …body & soul…they want everyone to agree to be a slave to them…. Time to restore our Original Constitutional Republic and throw these commies out….for good. Hope & Change is a brain fart of the Globalists…get real.

  44. As if Reagan, Bush I, Clinton, or Bush II were any better….ha….they were the set up men to install the dictator..they were all traitors.

  45. @e.tolle – eye-opening, sick, sickening, oppressive, no doubt all true.
    I was looking at LL’s cases on the right side and found one from NY in 2009 which I hadn’t seen before. Very interesting and I learned something about a court’s power. The relief granted was done sua sponte, but seems to me homeowners everywhere could borrow the logic and reasoning to ask for this relief. This particular NY court found the bankster’s behavior to be most egregious and unconscionable and it 86’d the debt and the lien(!) for those reasons. The homeowner was willing to do just about ANYthing to save the home but the bankster was a major rat-b and wouldn’t even mediate, was wretched. From the case:

    “Since an action claiming foreclosure of a mortgage is one sounding in equity, Jamaica Savings Bank v. M.S. Investing Co. 274 NY 215 (1937), the very commencement of the action by Plaintiff invokes the Court’s equity jurisdiction. While it must be noted that the formal distinctions between an action at law and a suit in equity have long since been abolished in New York (see CPLR 103, Field Code Of 1848 §§ 2, 3, 4, 69), the Supreme Court nevertheless has equity jurisdiction and distinct rules regarding equity are still extant, Carroll v. Bullock 207 NY 567, 101 NE 438.

    Speaking generally and broadly, it is settled law that “Stability of
    contract obligations must not be undermined by judicial sympathy…” Graf v. Hope Building Corporation 254 NY 1 (1930).
    HOWEVER, IT IS TRUE WITH EQUAL FORCE AND EFFECT that equity must not and cannot slavishly and blindly follow the law, Hedges v. Dixon County 150 US 182, 192 (1893). Moreover, as succinctly decreed by our Court of Appeals in the matter of Noyes v. [*5]Anderson 124 NY 175 (1890)

    “A party having a legal right shall not be permitted to avail
    himself of it for the purposes of injustice or oppression…”
    124 NY at 179.

    In the matter of Eastman Kodak Co. v. Schwartz 133 NYS2d 908 (Sup. Ct., New York County, 1954), Special Term stated that “The maxim of “clean hands” fundamentally was conceived in equity jurisprudence to refuse to lend its aid in any manner to one seeking its active interposition who has been guilty of unlawful, UNconscionable or INEQUITABLE conduct in the
    matter with relation to which he seeks relief.” 133 NYS2d at 925, citing First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co. 98 F 2d 416 (8th Cir. 1938), cert. denied 305 US 650, 59 S. Ct. 243, 83 L. Ed. 240 (1938), reh. denied 305 US 676, 59 S Ct. 356 83 L. Ed. 437 (1939); General Excavator Co. v. Keystone Driller Co. 65 F 2d 39 (6th Cir. 1933), cert. granted 289 US 721, 53 S. Ct. 791, 77 L. Ed. 1472 (1933), aff’d 290 US 240,
    54 S. Ct. 146, 78 L. Ed. 793 (1934)…………

    Thus, where a party acts in a manner that is offensive to good conscience and justice, he will be COMPLETELY WITHOUT recourse in a court of equity, REGARDLESS (my emphasis) of what his legal rights may be, Eastman Kodak Co. v. Schwartz
    133 NYS2d 908 (Sup. Ct., New York County, 1954), York v. Searles 97 AD 331, 90 NYS 37 (2nd Dept. 1904), aff’d 189 NY 573, 82 NE 1134 (1907)……”

    This case was posted on 11 20 2009 by NG here:

    I really recommend a read while bearing in mind all the bs banksters have pulled on anyone.
    Lay opinion – ask a lawyer or 10

  46. Hes not one of “ours” ..not by a long shot. He came out of nowhere and arrived on the scene here just like in the “WH”…….The White House is no longer the peoples house IMHO…He and his pals have been up to no good for a long time….that is no secret here. His buddy Rahm only received 37% of the vote…it was the lowest voter turnout in Cook County history & heres why no one voted except for dead people & illegal aliens…..

  47. It is very, very long but it is also very instructive. The old system allegedly did, indeed, collapse a few years ago worldwide and all the countries have been actively working trying to fix something that couldn’t be. The mass resignations of bankers and heads of states last year were significant in that they confirm that the boat was sinking.

    The weakest link in that counterfeit chain is… fear. Remove the fear and it is all gone for good. Worldwide, there is an awakening. We won’t have war. We won’t have riots. It is all a huge illusion and it is up to us now to create the world we want.

    I had never heard of Heather Tucci until recently. She’s put up some very interesting documents on internet worth looking at. The people have taken back everything they were owed. But because media won’t say a word, the people don’t know and keep the status quo.

    Listen to it. draw your conclusions. Mine have been drawn for a long time.

  48. @STRIPES

    More big talk–i read your law–you are not allowed to carry sticks–talk talk talk—now i see why you are so aggressive hiding in front of that screen—all you are ALLOWED TO DO over there is talk talk talk

  49. @STRIPES

    well now weve found that the entire population of “men” in illinois are gutless and probably pretty much sterile, its more understandable why the foreignors are pretty sure they can do as they please–i mean one of yours is in the WH——so now it all makes sense—–gutless emasculated men and clueless women—-have you got a special brand of floride there?

    oh no—-put down that spoon—you might poke your eye out…big talk big talk

  50. Don’t be fooled Christine….we walk softly but carry a big stick..

  51. The feeling is mutual. With two faced evil morons like you roaming the planet, who can you trust….? That is precisely why the people are arming themselves to the hilt and we are never giving up our weapons. Time to chase all of your four flushing, low down dirty drug dealing, lying criminal carcasses off of U.S. soil…..for good. Never underestimate the American People.

  52. hmmm—–yep, it would be hard to imagine life with her on te same block much less next room

  53. Well weve seen this all from the underside of the boot. It was obvious to me that this was a sham revealed when the headlines the past few days noted there was uncertainty as to whether appeals could be had of the “reviews” ——-absent appeals it is obvious these abuses described in the reviewer program would occur. So it occurs to me that after kicking the ball around a year–the servicer-collectors woke up and somebody gave them the opinion at OCC that geez under admin law in the US under color of fed agency–ie OCC action—-that appeals are a fundamental substantve due process right.

    I can only imagine that the folks in charge of the program were : not attorneys at all–or were attys that could not pass the bar exam—or were attys from UK.—-or some collection of the above.

    when told there would have to be appeals–they realized the whole program’s warts would be revealed and the damages would multiply rather than be resolved—with class actions compounding—obviously they had to pull the plug. God knows they trew up barriers to even applying for reviews–I as an atty called them and asked for blank forms—NO —I had to reveal my clients –who had to pass though a series of hurdles–name the correct subsidiary of the correct servicer etc——they had the data online—-but even today on my own case i cant get a straight answer as to what bank and what servicer——just no that one does not qualify under the program—actually its hard to get excited because only customers of the annointed banks were eligible—if you were raked over by an indie collector—too bad–not on the agreement—failure of govt

    Jefferson might have said wed be better off under the Crown than this.

    and I think to make us all really safe–we all should turn in all our sharp objects with the guns and air rifles, clubs and sport knives and be constrained to use of plastic knives and forks—maybe metal spoons would be ok??? are they allowed in prisons?

  54. DCB,

    Couldn’t resist… “Maybe they have already chemically castrated most of the males there–or else how do they manage to restrict people to carying no stick larger than a pencil?”

    Easy. They have them marry women like Ivent. Or Stripes. Or whatever her name is. And then, they have those women last forever, yakking away day and night, repeating over and over what CNN, Fox and Rush Limbaugh said.

    You know the old joke, right? “Why do Illinois males die so much younger than their wife?” Answer: “Because they want it that way.

  55. The following is a comment left re Yves Smith’s excellent take-down of the OCC’s decision to aid and abet the criminal enterprises otherwise known as financial institutions. Good read.

    It is a first time one of a kind project. In theory those of us who joined were actually going to make a major financial debacle right again. We were going to examine 1.8 million mortgage foreclosures for technical error, misrepresentations, fraud, and failure to comply with Federal and state foreclosure laws or procedures.

    Many of us are older and have been in the mortgage business in one way or another for 20 plus years. We came from every walk of the industry including Foreclosure Law Firms. So we should all have been skeptical, but the way we were selected for the job set aside our skepticism, we were hopeful that we might fix, at least for some people, this horrendous mortgage debacle all of us saw unfold for almost a decade.

    I often refused to sign off on loans because of the complete lack of sense they made. I constantly warned superiors of the tremendous risk we ran by accepting Appraisals on properties that accelerated at 25, 30, and 50% annually or even semi-annually.

    My wife ran a small mortgage business and she refused to sell the option payment arms, and the interest only 1.25% teaser rates that produced negative amortization. She would not and did not sell the ever increasing products that lacked any of the traditional restraints on credit risk, ability to pay and property review. She only sold the standard fixed rate and term products and warned hundreds of clients and potential clients of the dangers of what they were trying to do. Most would not listen. Some did. We slept at night when the debacle came crashing down.

    However, this 25 billion dollar settlement with the banks seemed like a way to help fix the mess the Government, Banks, Realtors, and Appraisers got us into. Yes, some of it was just plain ignorance and greed on the part of consumers, but it was also sold as the American Dream, the chance of a life time to get ahead, to make a better life for our children, to achieve financial freedom, educate our children at schools we couldn’t even consider before this. It was a sold as a chance to move up to better, bigger, safer neighborhoods. It was sold as the chance of a lifetime. Many of us in the industry knew better, we tried to warn clients, bosses, banks, lenders, but who listens to the peons in the chairs drawing a paycheck.

    This 25 billion dollar settlement seemed like the chance to help make it right. The head hunters called us by the hundreds and thousands. It was going to be a program where people with our skills in underwriting, processing, title work, insurance, bankruptcy, foreclosure law, and credit counseling could help right this sinking Titanic. We were told we can make a difference and help make things right for millions of people, and it paid well.

    I was with the second wave of “recruits”. I was impressed. In a training class of 70 people at the bank I was to work with most of us were underwriters and processors with a smattering of actual Bar registered lawyers. The amount of mortgage and foreclosure knowledge was tremendous. From what I could see and hear, it seemed we could fix this debacle pretty quick. Across the country and with the 14 major banks and lenders involved there would be thousands of us, all with years of experience and a determination to make this right. Our instructors were from the banks and lenders.

    I didn’t like that idea. I had originally thought that I would be instructed on procedures and goals by a third party entity called Promontory and or the government agency OCC. That did not happen. However, the training was interesting, and seemed straight forward, review the file, find the problems, and report them so they could be fixed. The goal, make wronged borrowers whole again as nearly as possible or so we thought.

    After the training we arrived on the “floor” to begin a more in-depth training. We learned at that point that there was nothing ready for us to work on, but this nothing paid well, we could wait. Things did progress though, and our review procedures began to develop. We began in January, by April there were 500 of us at the location I was in and it was projected to reach 750 by June. Forty of us were actually reviewing files.

    This is where we began to see the sham of the project. By the time I began reviewing files there were on 57000 files to review. The trigger for a review was that a borrower had to file a written complaint with the OCC. The problem with getting people to write a complaint was that all the advertising was direct mail to their homes and only to people that had been foreclosed on between January 2009 and December 2010. At a meeting involving the entire staff across the country (by phone) the question was asked “why just direct mail”, the answer, “TV, Radio and Print Media would attract too many of the wrong people and the banks and lenders didn’t want that.” When it was mentioned that it was two to three years after the borrower had been evicted we were told that “they should have put in a forwarding address with us”. I was dumbfounded, how could they expect people who lost everything to the bank to keep updating their addresses with the bank? It made no sense. But we kept plugging away at our task knowing now the battle was going to be tougher than we thought.

    There was another issue. We were supposedly independent contractors, but we worked directly under bank and lenders authority and supervision. Any findings we made were quality controlled by the bank. Any findings we made came directly under the scrutiny of the bank. Any arguments over our findings, and whether they should be changed or not could and often did result in termination from the program without cause or warning and we had no recourse because we were contractors.

    Other issues began to come up. Many of the tests and procedures we used to test a particular loan for harm to the borrower were State Specific in regard to the foreclosure laws of that State. As we began to delve into the files we found sometimes a dozen or more violations of the foreclosure laws with a specific file. The situation was becoming heated as Claim Reviewers (as we were called) began finding more and more issues of law, not to mention, incompetence, and immorality and poor judgment. Often times it was just a lack of communications between departments within the bank that caused the problem. None the less, there were tensions building between Claim Reviewers and bank managers as the list of harm on borrowers grew. However, the bank and the OCC did find a solution. Take the questions out of the tests we were doing that asked about issues of law. So one test that had 2200 investigative questions (there are about a dozen tests for a file review) now became about 550 questions. Issues of law were removed. At another of our group meetings we were told that if a borrower did not specifically cite the law or statute that was violated in their complaint that we were not to address a violation of law found in the file as it was now irrelevant to the issues at hand. When the questions was asked “how is a borrower going to know if a specific law or statute was violated since they are not trained in the law” the answer was that we only address what the borrower specifically complained about. The problem was that usually a borrower only had a feeling they got shafted somehow, but did not specifically know how. The complaint form also didn’t mention to the borrower that they had to be specific about issues of law. The form only asked generic questions about what happened. Now it was very evident that we were there as window dressing and not the compassionate heroes we thought we were.

    Those were only the general issues that were causing friction. The sham was becoming more and more evident in the details. Some of the details involve foreclosure timelines, missing documents, misapplied funds, multiple modifications and similar programs at one time, it was amazing.

    For example, in one case I reviewed the borrower paid approximately 25K to reinstate his mortgage. Then he began to make his mortgage payments as agreed. Each time he made a payment the payment was sent back stating he had to be current for the bank to accept a payment. He made three payments and each time the response was the same. Each time he wrote and called stating he had sent in the $25K to reinstate the loan and had the canceled check to prove it. After several months the bank realized that they had put the 25K in the wrong account. At that time that notified him that they were crediting his account, but because of the delay in receiving the reinstatement funds into the proper account he owed them more interest on the monies, late fees for the payments that had been returned and not credited and he was again in default for failing to continue making his payment. The bank foreclosed when he refused to pay additional interest and late fees for the banks error. I was told that I shouldn’t show that as harm because he did quit making his payments. I refused to do that.

    There was another instance when there was no evidence that the bank had properly published the notice of sale in the newspaper as required by law. The argument the bank made when it was listed as harm to the borrower was “here is the foreclosure sale deed, obviously we followed proper procedure, and you should change your answer as to harm.”

    Often there is no evidence of a borrower being sent a proper notice of intent to accelerate the mortgage. When these issues are noted in a file we are told to ignore them and transfer those files to a “special team” set up to handle that kind of situation. You choose whatever meaning you like for that scenario.

    As far as modifications and forbearance go, I saw multiple cases in which a borrower would be given a forbearance agreement. It would be signed and properly executed and before the borrower could make the first payment the borrower would be offered a trial modification. Before that payment was due the borrower would be offered a permanent modification, but because there was already a forbearance and a trial modification offered and in place the borrower would be told that he/she must cancel the other offers in writing. Once that was done the modification offered would be denied for lack of performance on the other programs offered and then further assistance would be denied because of the borrower turning down assistance on the other programs. Then the argument was that we shouldn’t say the borrower was harmed financially because he turned down the help offered.

    Time after time scenarios would go something like this. The borrower would call in and ask for help with a modification. Usually they called or were referred to the collections department. The bank employee would tell the borrower that in order to receive help they must bring the mortgage current. The borrower would send the money in, usually to the bank collection agent who gave the information and then the modification department would deny the borrower assistance because the mortgage was current and they had to be behind to receive assistance. Of course the bank argued that there was no harm because the borrower obviously could make the payment.

    More often than not a borrower would be foreclosed on even though the bank had said they could apply for a modification if they would send in the financial paperwork required. The borrower would do this, 2, 3,4,5,6 or more times and the bank would “loose” the paperwork time and time again, until the house was finally foreclosed on. The borrowers would call, write, and call immediately after faxing the paperwork, be told it was received only to be denied later because they failed to send in any paperwork. The banks argument was that there was no harm to the borrower because they didn’t send in the paperwork, even though more often than not with a little searching the paperwork would be found in the system somewhere.

    Often the paperwork would be sent in and not reviewed for four, five or six months and then the borrower would be sent a letter requesting they send it again because everything the bank had was too old to use. Many times this was done even after the home was already sold at foreclosure. The argument by the bank was no harm was done because they did not send the paperwork again.

    The bottom line, agree or be fired. When the independent contractors who are there to independently judge the situation are ruled and judged by the very people that are responsible for the debacle in the first place is ludicrous. So many times I was told to not argue because I could be let go without notice or cause, it was difficult to hold my tongue. Most people would change the results and simply make notes in the system about being ordered by management to make the changes. But the banks and lenders control the notes. Others left the position. I actually thought there was hope when the OCC took the decision about financial harm to the borrower away from the banks and lenders and gave it to Promontory. It was called the H test. But that was short lived when we were told the banks and lenders were being allowed to form review teams to determine if Promontory made the right decision about financial harm. That was decided by the OCC. The joke is on the American people. Actually, the American people are being made the punch line.

    By luxtexente


  56. @STRIPES

    I had no idea that Illinois was a such a hotbed of great warriors—-Are you alloed to watch football on TV there? or is that too violent? Maybe they have already chemically castrated most of the males there–or else how do they manage to restrict people to carying no stick larger than a pencil? Oh yes—not allowed to carry threatening sticks in your cars either….they allready repealed the Bill of Rights in Illinois—-i do repeat you ought focus on your own backyard….

  57. @STRIPES

    i glanced at some of the current provisions and the new ones re gun control–and it looks like you illinoisers arent allowed to possess anything more dangerous than butterknives—-one edged and not sharp——hmmm seems like we got past that stage in the rest of the country at 4th grade

    it looked like they might make a last minute change to require castration as a condition to illinois residency—I think that would be far more effective because if somebody got really upset they might throw a rock—-but ill bet they banned mean-spirited rock-throwing too

  58. DC….It’s not the People of Illiinois….we don’t elect these buttwipes…It’s the same Demorat machine that is robbing the country for the Fedsters….get a clue. It’s a secret dictatorship and you only go to jail if you screw your own peeps…..Blago tried to sell Obamas old Senate seat when it was promised to Obamas or Rahms buddy Alexi Gionoulias…his family owned the failed Broadway Bank…big scandal. The Republican who got in there …Mark Kirk had a massive stroke & nearly died a year ago…He just returned to work today. The corruption here is no secret…it’s so deep you need a shovel. No coincidence we are all sure that the School hit happened the day after the big Rahm controversy over concealed carry being passed into law. Rumor has it ex FBI special agent John ONeill caught Rahm red handed working for the Mossad…Oneill died on 911 in one of the towers. There’s a you tube video about it entitled….Who Killed John O’Neill…?

  59. HERE IT IS;

    footnote 6. 7 C.J.S. Attorney and Client $62 (1937).
    An attorney may not even appear in a cause of action without some form of
    authority from the party in whose behalf he appears. Loftberg v. Aetna Cas. & Sur.
    Co., 264 Cal. App. 2d 306, 308, 70 Cal. Rptr. 269, 270 (1968).

  60. Implied authority is a type of actual authority derived by implication from
    the principal’s words or deeds. It is in effect actual authority circumstantially
    proved. An agent, either general or special, will have implied authority to do those
    acts usual and incidental to the authorized transaction and those reasonably necessary
    to accomplish his principal’s purposes. W. SELL,A GENCY$4 0 (1975).
    4. 115 Mass. 36 (1874). In Moulton v. Bowker, plaintiffs were suing to recover
    possession of property they purchased at a judgement sale. Plaintiffs had caused
    the real property of a Mr. Whitman to be attached pursuant to an earlier action
    they had begun against him in court. Judgement was rendered for plaintiffs in that
    action and was executed by a sale of the attached property at public auction to
    them. Prior to the entry of judgement for plaintiffs, their attorney had executed a
    discharge of the attachment. Defendant received and occupied the property
    through a chain of conveyances from Whitman and through this case plaintiffs were
    endeavoring to recover possession of the property by arguing that the attorney was
    not authorized to discharge the attachment.

  61. MARIE M. MALAVE, Plaintiff, Appellant, v. CARNEY HOSPITAL, ET AL.,
    Defendants, Appellees.
    No. 98-1718
    170 F.3d 217; 1999 U.S. App. LEXIS 3816; 85 Fair Empl. Prac. Cas. (BNA) 1521; 75

    Empl. Prac. Dec. (CCH) P45,811

    The doctrine of apparent authority could not be
    invoked because a general retainer, standing alone, did
    not permit an unauthorized attorney to settle claims on
    his client’s behalf. No facts indicated that there was an
    accord and satisfaction.

  62. Apparent authority is defined as the power to
    affect the legal relations of another person by transactions
    with third persons, professedly as an agent for the other,
    arising from and in accordance with the other’s
    manifestations to such third persons. Thus, unlike actual
    authority, apparent authority does not depend upon any
    manifestation from the principal to her agent, but rather
    from the principal to the third party.

  63. The employer
    reasonably assumed that the employee had authorized her
    attorney to attend the settlement conference and to
    negotiate on her behalf. However, absent further
    manifestations by the client, there was insufficient
    conduct by the employee to support a reasonable belief
    by the employer that the attorney had full and final
    authority to agree to the settlement terms. Neither the
    employer nor the magistrate ever heard from the
    employee. What the employer derived from the telephone
    calls between the employee and her attorney were the
    attorney’s representations of, and the employer’s educated
    guesses about, what was said. The attorney lacked
    apparent authority as the employee did not make any
    manifestation of authority to the employer’s attorneys.

    No. 02-SP-241
    861 A.2d 590; 2004 D.C. App. LEXIS 577
    November 4, 2004, Decided

  65. The representation issue is now critical as the banks appear to be asserting that servicers did not have authority to settle debts by release—ergo of course the servicer’s atty also lacks authority—but as noted–there is litle caselaw on agency specific to attys–and the attys are asserting their naked appearances are adequate–but seems to fail the basic standard that an agent cannot express his own agency–absent endorsement by the principal

    its basically unbelievable that one minute they can assert they represent the trustee bank—next minute they asset its not even a party and did not approve the actions taken by servicer and atty supposedly representing them–but thats the way itis

    Hmmm —-you peeps maybe oughta tend to your own business which looks like iis in need of tending and stop BSing us who do not live in a such a regime ——-lets see who was that nice man that was your governor? that paragon of virtue? how can you dare go out and tell others what to do?

  67. Matt is very reachable, also. That right there below is what these comment sections are for!

  68. @needcaselaw ,

    I found this ,,

    You might want to contact Matt Weidner , he would likely be VERY interested in burning US Bank on this himself.

    (reposted as my original went “awaiting moderation” as I had more than one web-link)

  69. @needcaselaw ,

    I found this ,,

    You might want to contact Matt Weidner , he would likely be VERY interested in burning US Bank on this himself.

  70. Does anyone have citation or way to obtain the case referenced above in, “The attorney admitted in that case that he didn’t represent U.S. Bank and had never spoken with anyone there either.” I have a Motion to Prove Authority to Represent currently before the court on the identical basis. Of course the defense is claiming there’s no legal basis for such a motion. I used what had appeared here some time ago, but the most recent cite was in the 1930’s. Thanks.

  71. This does not surprise me. Our house was destroyed by fire in 2007 and US BANK refused to give us the insurance check, hired attorney. In January 2008 judge ruled in our favor, US BANK still refused to give us check, filed contempt charges, received check in August 2008. We are still fighting them for our house.

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