The Barbara Bratton Story: Judicial Hypocrisy

Editor’s Note: There is something happening here and it is beginning to bother me more and more. A number of people have attempted to file papers in the county recorder’s office  in order to preserve their ownership rights to property that is either in foreclosure or has been the subject of a foreclosure sale. As I’ve stated on these pages most foreclosure sales are an illusion. Credit bid is submitted by a non-creditor  on behalf of other parties who are also non-creditors.

I might add that many pundits, writers, bloggers and lawyers have actually recommended to clients that they file any legally defensible document in opposition to a change in title or possession that would result from enforcement of fraudulent bank documents that are recorded in the public records. Our view is that the very existence of MERS is proof enough of fraudulent intent by the banks, their attorneys, the trustees on deeds of trust, and the other parties involved in the foreclosure and securitization scheme. Our view, like the oath that every attorney takes before becoming licensed, is that every effort should be made to advocate for the position of someone who is in an adversarial position. This does not include making false statements or recording false documents. But the issue becomes very cloudy when one side is allowed to file false documents and the other side is not.

The banks, and the law firms that represent the banks, have used their influence with local politicians and officials to snare these homeowners into a  legal nightmare. It is true that the documents that were filed are of dubious value, but that doesn’t mean that substantively they are wrong or false. The same could be said for the documents that were filed in support of the foreclosure and the foreclosure sale, except that we have ample evidence that many if not most of those documents are fabricated, probably forged, and refer to transactions that never occurred.

The hypocrisy here is beyond comprehension. We have proof and admissions by the banks that they fabricated, forged and illegally signed documents that were then recorded with the County Recorder’s office. The County recorder in Maricopa, Arizona for example, admits that the title records have been corrupted by the banks but for political reasons refuses to use her administrative powers to remove or tag the offending bank documents that were filed electronically from “trusted sources” which it turns out are only on the side of the banking industry including the banks themselves, their attorneys etc.

So we have, like the Bratton case, $250,000 bond placed on a person who filed a “Corrective deed” using her own name, and perhaps fabricating the existence of a twin sister. I agree. That was wrong. Any document that recites facts that are untrue should be corrected in the county records. Any document containing false statements that are known to be false at the time of the filing shows criminal intent. That is also unavoidably true.

The hypocrisy is that for the banks that filed documents containing false statements that were known to be false when the document was recorded, there not only is no action by law enforcement, but you have statements like: (1) the Arizona Attorney General who says that it is an acceptable shortcut and (2) Attorney general Holder who admitted that he didn’t prosecute because the banks were too big to fail.

I see novel defenses here (check with criminal lawyer in your jurisdiction before you use this):

  1. Estoppel and related constitutional argument of equal protection:  if law enforcement has decided not to prosecute a particular crime against a particular segment of the population then it should be stopped from enforcing that particular crime against any portion of the population. It might well be said that a homeowner could reasonably conclude that although a statute exists declaring a particular behavior to be a crime, that the state and local law enforcement agencies through a pattern of conduct have waived their right to enforce the statute. This is akin to an estoppel argument in civil litigation.  In criminal litigation the lack of prosecution by law enforcement as a matter of state policy can only be seen as a failure of due process and a violation of equal protection.
  2. Self Defense:  This might sound like a stretch and it probably is, but it is nonetheless accurate and applicable. If the banks are allowed to attempt to steal property through the use of fraudulent documents and the state policy prevents law enforcement from prosecuting those crimes, then out of necessity it may be said that a homeowner is exercising a right of self-defense by filing fraudulent documents in opposition to the fraudulent documents of the banks.

One way or the other needs issues are going to have to be addressed. If you look at each case on a strictly individual basis you will come to the conclusion that the homeowner did something wrong and should be punished. If you take a broader view, you will see that the homeowner did the only thing that was possible to stop the steamrolling banks from stealing her home. 

From Hopegirl2012 on Facebook
The powerful mortgage industry, that almost brought down the entire global economy with their casino mentality, continues to generate mountains of fraudulent documents to kick families out on the streets and steal years off of innocent citizens lives by keeping them entangled in ludicrous legal shenanigans.

Below is one of the latest stories of one woman, Barbara Bratton.

For Immediate Release
UPDATE: Barbara Bratton – Out On Bail                                                                    Defrauded Homeowner Jailed As Domestic Terrorist
Friday, June 28, 2013: San Bernardino, CA.
Homeowners’ rights advocate Barbara Bratton was released on bail early this morning after spending two weeks detained as a felon on charges of forgery, burglary and offering false documents for allegedly filing a corrective deed at the San Bernardino County Recorder’s office. Homeowners sometimes use corrective deeds as a preliminary step towards court recognition of systemic land title fraud on their home.
At a Wednesday hearing in San Bernardino Superior Court, Ms. Bratton’s attorneys argued that she showed no criminal intent, had no criminal record and posed no flight risk. Bail was reduced from $250,000 to $150,000. Terms require Ms. Bratton and her associates to stay away from her family home of 40 years as well as from the couple who wrongfully obtained the property from her.  A preliminary hearing is set for August.
Since 2008, Barbara Bratton, a native of the City of Ontario, CA. and life-long member of Mt. Zion Baptist Church in that city, has been engaged in a determined legal battle to win back her home. In an apparent attempt to intimidate her, the office of San Bernardino County District Attorney Michael Ramos accused Ms. Bratton of being a domestic terrorist associated with the “sovereign citizens” – a charge wholly without merit. She has never identified herself as a sovereign citizen, nor does she support their views.
At least six officers were assigned to assist the District Attorney’s office with the case. FBI agents were also present in court. Ms. Bratton’s arrest comes at a time of growing public dissatisfaction with domestic surveillance and other gross violations of civil and human rights since passage of the Patriot Act after 9/11.
Barbara Bratton believes in and is in full compliance with the U.S. Constitution, which is why she is fighting a strictly legal battle to win back her home. These trumped up charges appear to be a desperate attempt by county and city officials to divert public attention from the real crimes:  the powerful home mortgage industry [[1] ] that has generated mountains of fraudulent documents that continue to pollute property records in San Bernardino County – a county with some of the highest foreclosure rates in the country. Until land title fraud is weeded out from public property records, judges will continue to sanction illegal foreclosures and bankers and home loan servicers who nearly brought down the U.S. economy will go unpunished.
Look, they’ve tried to make this “too complicated” for most of us to understand for a reason. Let me break it down for you. But first I have to warn you. This is going to upset a lot of people, especially if you own a home, and most especially if you’ve recently lost it in foreclosure.
The titles to our homes are in our names and on the public record. When we “borrowed” our own money we gave a promissory note to the bank. The bank exchanged the deed and possession of the house for the promissory note. A simple exchange and an executed complete contract paid by Operation of Law. At that point you have a valid contract with consideration and exchange of valuable property.The bank then sells the promissory note, our value and property which we gave to the bank, into the open market in the form of a “security”. 70% of these securities are guaranteed or backed by Fannie Mae or Freddie Mac, or FHA, all government-sponsored enterprises (GSE’s). These GSE’s are now being held, insolvent (deemed unable to pay a debt), under the Federal Housing Finance Agency which has legal control over the BAIL OUT.So in other words, the bank took our value, sold it, decided that our value was a debt that we would never be able to pay and therefore worthless, and now our value is being held by the branch of our government – our employees – that gave even more of our value back to the banks in the bail outs.
When the bank sold the promissory note as a security, they were paid. The value of our promissory note was passed from the bank to the party that bought the security. But somehow, the banks still act like they are the ones with our promissory notes, and they proceed in making us pay 20+ years of mortgage payments for a value that they were already paid for, which they then deemed worthless after they were paid, not once – from the sale of the security – but twice, from the bailouts. The only party that could have any claim against our homes are the ones that bought our promissory notes from the bank. Yet the banks foreclose on us and throw families out of their homes out onto the street? Why? Because they need to be paid with our value a third time? How does that work??????
Honestly, I’m just stumped and at a loss here. Why are we not rioting over this? Why are we not outraged? How is it that women like Barbara Bratton and so many more of my close personal FRIENDS AND FAMILY are STILL going through this nonsense in court, when it is so OBVIOUSLY AND BLATENTLY WRONG????? INHUMANE!!!
Pass and share this story please. Help me help others to see the fraud here so that hopefully we can stand up to this and do the right thing! It’s time to take our value back from the casino lords!


24 Responses

  1. Boots. I’m an actively litigating HO in CA.
    We are doing some things in our county.
    contact me with your tel #

  2. It’s lacks standing….fraud & forgery….the judges don’t care about the U.S.C….is what a very reputable attorney….a little birdie told me.

  3. IMO, as a layperson, the Trustee, or those who argue against, issues pursuant to § 544(a)(3…might lead to be an argument within 42 USC 1983…especially in context of one who might triangulate same with Neil G’s astute and insightful, thoughtful,and yet (to date) conservative, commentary(s).

  4. Mr. Garfield, you are aware that Bratton DOES have a twin sister, right?

  5. We don’t need to publicly protest because we have a Constitution/Bill of Rights in America. Nothing these crooks are doing is legal. Why put yourself in peril by making yourself a sitting duck…? Stop voting for them. Stop complying, conforming and cooperating with these imposters.

  6. Democracy is Communism America and is the antithesis of our Constitutional Republic. We know this because nothing these crooks do in the name of Democracy is legal. The culmination of decades of lies is totalitarianism under OBAMACARE.

  7. E. ToLLe said: “The crackdown, which involved, as you may recall, violent arrests, group disruption, canister missiles to the skulls of protesters, people held in handcuffs so tight they were injured, people held in bondage till they were forced to wet or soil themselves –was coordinated with the big banks themselves.”

    True. And we only know how much Chase gave NYPD. We don’t know how much other banks gave to which other PD (LA, Denver, Oakland, and wherever else). That is what out tax money has been used for: to give to the banks so that they would be in a better position to launch their dobermans on all of us. Reminds anyone of anything? But people still today keep paying their taxes like good little boys and girls… go figure.

    New York City Police Foundation — New York

    Beginning in 2010, JPMorgan Chase donated technology, time and resources valued at $4.6 million to the New York City Police Foundation, including 1,000 new patrol car laptops. The gift was the largest in the history of the foundation and will enable the New York City Police Department to strengthen security in the Big Apple.

    New York City Police Commissioner Raymond Kelly sent CEO and Chairman Jamie Dimon a note expressing “profound gratitude” for the company’s donation.

    “These officers put their lives on the line every day to keep us safe,” Dimon said. “We’re incredibly proud to help them build this program and let them know how much we value their hard work.”

  8. People need to go through the learning process in order to free themselves from these tyrants and their illegal manmade tyranny. When the American people realize not just everything these imposters did was illegal but, why it was illegal and why they did it, then we will have something.

    Too many people don’t want to be bothered taking the time to fight for their legal rights. To those who say they don’t have the time to educate themselves they are just making excuses. Everyone has other things they would rather be doing then fighting these imposters/fictitious payees. Try putting down the distractions for a while. They aren’t going to make it easy on us and will use many clever seductions to entice you away from learning the truth. Time to get down to brass tax America…!

  9. If every American just stops paying the crooks and they don’t know why they aren’t paying these crooks that is dangerous to our Constitutional Republic. People need to educate themselves thoroughly before they make that decision.

  10. Every American needs to send these imposters a letter ….a notice of dishonor, default and demand for payment explaining specifically why they are in dishonor and default and owe us said amount of money and clear titles. Then they will know we caught them red handed.

  11. There are good and bad agents in every agency and every branch of Government. That is the only reason why we are still free. The truth is clear, fhe FBI, the Treasury, the Courts and Law Enforcement can’t stop these foreign third party imposter crooks who have hijacked our Constitution/Bill of Rights because they work for them.

    Only WE THE PEOPLE can stop the crooks by openly and honestly exposing their scam.

    It is called people power. Everyday people exposing the third party foreign imposter crooks and their evil machinations is what they really fear. Time to call them all out.

  12. Everyone just needs to stop paying their mortgages. And the treason will end. EVERYONE.

  13. The Jury has spoken


  14. “There were FBI agents at her bail hearing….Hmmm, I thought foreclosures and county records were strictly a creature of state law…”

    It’s a message for the rest of us…back-off, or else

  15. The judges in CA are practical. They see that no major bank officer has been indicted by the DOJ, tying the hands of the OCC from further enforcement procedures. Since they don’t have Fed backup, they don’t want to stick their necks out.

    A few more details can be found here, including the comment by the mayor and the obvious threat to prosecute by the banks or else –

  16. Eggsistense wrote, “There were FBI agents at her bail hearing….Hmmm, I thought foreclosures and county records were strictly a creature of state law…”

    Curious isn’t it? Or not. This is exactly why I’ve been saying here for years that we’d best grab a hold of these criminals acting under the guise of American law enforcement, before it’s too late, if it isn’t already. They have nothing to do whatsoever with advancing American issues, simply the elite and the banks that they own. From the Guardian:

    “It was more sophisticated than we had imagined: new documents show that the violent crackdown on Occupy last fall – so mystifying at the time – was not just coordinated at the level of the FBI, the Department of Homeland Security, and local police. The crackdown, which involved, as you may recall, violent arrests, group disruption, canister missiles to the skulls of protesters, people held in handcuffs so tight they were injured, people held in bondage till they were forced to wet or soil themselves –was coordinated with the big banks themselves.

    The Partnership for Civil Justice Fund, in a groundbreaking scoop that should once more shame major US media outlets (why are nonprofits now some of the only entities in America left breaking major civil liberties news?), filed this request. The document – reproduced here in an easily searchable format – shows a terrifying network of coordinated DHS, FBI, police, regional fusion center, and private-sector activity so completely merged into one another that the monstrous whole is, in fact, one entity: in some cases, bearing a single name, the Domestic Security Alliance Council. And it reveals this merged entity to have one centrally planned, locally executed mission.

    The documents, in short, show the cops and DHS working for and with banks to target, arrest, and politically disable peaceful American citizens.”

    These acts are a direct attack on peaceful citizens, doing exactly what our founding fathers chiseled into our foundational documents for a very good reason, to keep the powered elites from taking away the rights of the populace. Treasonous acts, that must be dealt with.

  17. Neil –

    they also will falsely claim that we are abusing the land recording statutes by attempting an illegal “land patent” or “land grab” … which is also insane, since the statutes are writtent for 3rd-party interlopers like the very “lenders” that are perpetrating this fraud against our titles. The corruption may not be obvious even to the ROD since they have no training or education nor likely ever drafted a single deed transferring any property themselves … they look at “form” and if its OK then they file it, period. The ROD also has carte blanche, is unapproachable, has no skin in the game nor can be taken to court for breach of duty … they turn to the Corp Counsels (quasi-Govt stooges) and who refuse rightful homeowners Corrective Deeds and Affadavit of True Legal Signatures so the Sheriff and Judge will thus assume that the bank is OK and we are some 3rd party interloper on OUR OWN titles and then we are suspected of trying to stop a foreclosure … look to your state’s AG, and see if they even call or write you back when confronted with the laws on the books which they are duty-bound to uphold … the TARP and FIRREA etc then Fed loans to communities are circular tools of finance which are holding our homes at risk for theft by conversion (also called ‘fraud’) and any good lawyer knows this. Too few homeowners have ever even been in the ROD to see if it’s their true legal signatures on those docs recorded against their interests … everyone go there NOW. File refutation, correct the deeds, attack the Corp Counsels for their law license can be censured for failure to act; illegal notaries were only the beginning, this cloak of security behind the ROD office is the loophole in our land records which the crooks knew about and have played against us since 2006… Even children know when someone has wrongfully stolen their bicycle with lies and never paid them for it … let’s be grown ups and fight liars and thieves by going after their own licenses to practice forgery-fraud!

  18. I completely agree. Bratton was called a “domestic terrorist” and/or a “paper terrorist” in the felony complaint. There were FBI agents at her bail hearing….Hmmm, I thought foreclosures and county records were strictly a creature of state law…this is the fascism (merger of state/corporate power) revealing itself.

    You want to know what “paper terrorism” is? Robo-signing. MERS. Fake allonges and rubber-stamped endorsements not done by the named endorsee. The merged bank/government complex is trying to project its paper terrorism onto us, and people like Barbara Bratton. And the judges ARE NOT HELPING.

    Long story short, Robo-signing IS paper terrorism…

  19. Only a few recorders across the country are “getting it” and doing something about it. I sent certified letters to my county recorder and the local DA and got nothing.

  20. Just like Rosa Park broke the law by not sitting in the back of the bus
    Discrimination and duress.

  21. Another term “Duress” may get the point across. She took a short cut because she was under “Duress”.


  22. Neil use the word “discrimination” or “discrimination lawsuit” Focus Mr Garfield. Just an observation.


  23. neil.
    do you think filing a complaint with the grand jury would solve the problem with this foreclosure fraud? i have complaint with the recorder’s office about this fraudulent documents being recorded to foreclose improperly but these officials refused to even investigate the issue. so frustrated even the lower court don’t care, the district attorney don’t care. any suggestion in Ca?

  24. I spoke with our County Chancery Clerk this morning. He told me that challenging the validity of the assignments is not their job. Their job is to record them only. He then sent me to the County Attorney for further comment!

Contribute to the discussion!

%d bloggers like this: