Tonight! Court Bias — The Silent Killer in Foreclosures and What To Do About It. 6PM EDT 3PM PDT

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Tonight’s Show Hosted by Neil Garfield, Esq.

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DeSantis Extending Eviction and Foreclosure Moratorium Through May: Ice in the Winter

This is a redo of last week’s intended broadcast.

Instead of taking the opportunity to review complaints about the process of foreclosure and eviction, the Governor of Florida is issuing an order that all but assures that the foreclosures will continue to be regarded as valid — i.e., based on true facts about the status of the claimed debt, the ownership of the debt, and the authority to collect, administer and enforce the debt.

The elephant in the living room is that none of these “Securitized” transactions are being treated as securitization schemes. Lawyers come to court and say “Your Honor, this is a standard foreclosure.” NO! It isn’t.

And the moratorium, such as it is, still leaves homeowners faced with foreclosures by people who have no financial stake in the foreclosure or the “loan” except the expectation of profit.

But because borrowers believe that to be true and so do most of their lawyers, the die is cast. Everyone assumes that the only thing in play is the “loan.” And yet, the courts ignore the fact that under Article 9 §203 of the UCC the claimant must have paid value for the debt — which it must be the owner of the debt because only someone who has suffered actual financial injury can bring a claim for foreclosure. That is black letter law converted to gray because of court bias.

Court bias results from a sub silentio doctrine, which is the subject of tonight’s radio show. It explains how and why the courts are getting it wrong almost every time. It isn’t because judges are out to get homeowners or because they have been  bought off by the banks. It’s because almost nobody is taking the time or energy to present the whole transaction  to the court.  If it isn’t presented, the judge has no power to rule on it. It’s Bias but it isn’t the kind you are thinking about.

7 Responses

  1. Re: MI Court decision on Stay at Home order. Citation from public comments:

    Indeed, the judge said the governor can’t use that law to extend emergencies without input from lawmakers. But Whitmer won the case anyway….so the judge admitted she could not legally do what she was doing, but let her do it anyway…Classic example of the present status of US Judicial System…There are Laws but exceptions to the privileged for all of them.

    Michigan governor wins legal fight with lawmakers over virus
    ED WHITE
    Associated PressMay 21, 2020, 4:32 PM EDT

  2. Securitization as practiced is a new form of SLAVERY. Read below.

    Yes, judges have been bought off by the banks to cover for this form of slavery because Judges benefit from it too.

    . Check your local Election Boards and see who are main donors to Judicial campaigns. Google Judges – and find out that too many have relatives in banking industry – either bankers or banks lawyers.

    This type of slavery never seen before and must be recognized as such .

    Securitization as practices today is no different to chattel slavery where people (in form of identity) are bought,sold, traded without their knowledge or concent to create FREE revenue for their “owners” -investment banks.

    It is very similar to human trafficking for labor – but without knowledge of a slave.

    Chattel slavery is the most common form of slavery known to Americans. This system, which allowed people — considered legal property — to be bought, sold and owned forever, was supported by the US and European powers in the 16th – 18th centuries.

    Today, most observers agree there are five major forms of slavery occurring in the world. Each form represents the basic truths of enslavement: The victims are forced to work involuntarily or are unable to leave once they have started.

    The enslaved face the threat of physical, mental or emotional punishments and are deceived and abused daily. If a person’s labor is exploited by such means, any previous consent to work for the enslaver becomes irrelevant as they are now being held against their will.

    Thankfully, slavery is no longer legally protected anywhere in the world.- (except America) Yet, the control and exploitation of one human being by another still remains.

    Forced Labor — Describes all types of coerced work that an individual must provide against his or her will. Contemporary forced laborers are treated as property to be exploited commercially, much in the same way African Americans were regarded during the antebellum period in American history.

    Bonded Labor or Debt Labor — Describes slavery in which an individual is compelled to work in order to repay a debt. It differs from other forms in that, oftentimes the laborer and the employer initially enter into a mutual agreement. However, contract conditions may be illegal and/or vastly more beneficial to the employer than the laborer. These workers become slaves when they continue working, but cannot pay off their initial debt because of exploitative contract terms and, thus, cannot leave.
    Sex Slavery — Describes women, men or children that are exploited in the commercial sex industry, which may include: pornography, prostitution, erotic entertainment, strip clubs, online escort services, residential brothels, hostess clubs, fake massage parlors or any exchange of a sex act for something of value. Money may or may not be exchanged; other things that may be traded for sex acts are drugs, shelter, food or clothes. A person’s initial consent to participate is irrelevant if that person is held in service through psychological manipulation or physical force.

    Child Slavery — Describes all child labor obtained from individuals under the age of 18 through the means of force, deception or coercion. Children can be enslaved in debt bondage, forced labor, prostitution, armies, domestic work and other forms of hazardous work. Today, forced child labor exists in nearly every industry around the globe.

    Domestic Servitude — Describes slaves that are forced to work in extremely hidden workplaces: private homes. Domestic workers become slaves when their employer uses force, fraud or coercion to control or convince an employee that they have no choice but to continue working.

    Isolating environments, unfamiliar languages, confiscated travel documents and restricted mobility are often connected to this form of slavery.

  3. Forget the paid value — they do not care. No one gets that. Attack the structure.

    And, DeSantis — I tell my Florida friends — he is incompetent. Not only is he incompetent on foreclosures, he is incompetent on the virus.

    To you Mr. Governor — people over 60 are a part of society. It not up to them to live their “golden years” in isolation while those with virus runt wild. Seniors work and contribute also. This is discrimination. Vulnerable? Yes – because those in nursing homes under the care of authority that provides no care are among the highest deaths in NY and NJ and elsewhere. You, governors of NY and NJ – sent hospital COVID19 patients to nursing homes – who had no protection or care. And, some you let die in hospital by ventilators – that are also a death sentence.
    .
    No thank you Mr. Governor(s) .

    However, Trump loves the Florida governor. Why? Because Trump’s legacy is a booming stock market. That is wrong. But, the bigger problem is — the Dems covered up the financial crisis foreclosure fraud. So – are we about to hand the command back to them? Do not think for a second that the Dems will expose what they did not do under their clock.

    So – we have a dilemma — do we elect Trump who will continue stock market agenda, or do we elect Biden — who will never disclose or rectify what done under the DEM clock?

    Anyone? Ferris Bueller? We are in a catch 22. No win – -unless tear apart the structure. Forget the dam consideration. It does not work. One dollar can survive. Only one dollar. Attack what has never been attacked. Nothing else will work.

  4. Please explain !!

    How does Fannie and Freddie UNSECURITIZE and then sell NPL to these alleged Trusts to Fraudclose???????

  5. Very informative show Neil – thanks!

  6. Neil , checked the show a while back and there must have been a problem ,,, shows under 2 minutes of run time…

  7. We are in a very bad position. And it will take much more than one loan at a time. It will take more than attacking the securitization itself. Must attack the structure.

    Must be new and unique.

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