FABRICATION OF STANDING

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YOU CAN FOOL ALL OF THE PEOPLE SOME OF THE TIME, AND SOME OF THE PEOPLE ALL OF THE TIME, BUT YOU CANNOT FOOL ALL OF THE PEOPLE ALL OF THE TIME

“The goal of this article is not to deny, by any means, the right of a mortgage lender to foreclose on a borrower who has failed to meet their financial obligations. However, it is intended to elucidate for fellow attorneys and members of the judiciary that while these financial obligations exist, so do the legal protections of our judicial system that were instituted to protect the property rights of Americans that are rooted in the United States and Florida State Constitutions. The judicial system was never meant to be evaluated by how swift justice could be dispensed or by how quickly a particular judge could dispose of cases on his or her docket. As officers of the court, both judges and attorneys are responsible for protecting the integrity of the sys- tem, ensuring that the system is never compromised solely for financial expediency.”

EDITOR’S COMMENT: This article, attached by link, has explicitly articulated the basic problem with foreclosures today as well as providing insight into the changing mortgage approval process. It should be used as an authoritative treatise in memos to the Court. It is balanced and applies knowledge of the mortgage approval and mortgage foreclosure process in the context of a correct perception of the difference between the theoretical workings of the securitization of debt and the actual practice.

While it is about Florida, it is also about the Nation. Basic to our national identity is the adherence to principles of natural and man-made law. The emphasis on the rights of individuals has long been recognized but increasingly ignored over decades of poorly reasoned decisions in favor of big business in what the authors call one of the darkest hours in judicial history.

These authors clearly explain how the system was rigged to provide the appearance of passive entities to avoid tax consequences and in so doing ignored basic requirements of substantive law.

Those entities, the “trusts” were never properly created, nor were they the recipients of transfers of loans into the pools in accordance with the requirements of the Internal Revenue Code nor did they comply with explicit instructions in the pooling and servicing agreements. They then show clearly how the requirements of procedural law, due process, have been systematically undermined and thrown under the bus of  an ideology that treats the individual as last in the chain of priorities instead of first.

“In 2008, the author appeared before a particular court in defending a foreclosure, at which time the judge was rubber stamping a large stack of uncontested summary judgments. Counsel remarked to the judge that in many of those cases, the bank did not establish the necessary predicate for filing foreclosures based on issues of standing and other legally re- quired foundations. The court asked if the author was representing the defendants in those files, and the author said he was not. The author then suggested to the court that his honor had sworn the judicial oath of office, including to uphold the Code of Judicial Conduct which in relevant part requires a judge to “respect and comply with the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” The court then said to counsel that if he continued in that line of discussion that he would be held in contempt in his court. Interestingly enough, this judge has recently stepped down to accept a position at a Florida foreclosure mill.”

“DECONSTRUCTING THE BLACK MAGIC OF SECURITIZED TRUSTS: HOW THE MORTGAGE-BACKED SECURITIZATION PROCESS IS HURTING THE BANKING INDUSTRY’S ABILITY TO FORECLOSE AND PROVING THE BEST OFFENSE FOR A FORECLOSURE DEFENSE”
REQUIRED READING: Securitization_Crisis

http://www.oppenheimlaw.com/press-releases.php?new_id=110

By ROY D. OPPENHEIM AND JACQUELYN K. TRASK-RAHN
Roy D. Oppenheim is a senior partner at Oppenheim Law, a South Florida law firm focusing on real estate and foreclosure defense law. Mr. Oppenheim is a recognized expert in foreclosure defense, and has been used as a source by major media outlets including the Wall Street Journal, New York Times, AP, USA Today, FOX, NBC, CBS, the BBC and The Florida Bar News as well as The Daily Show and 60 Minutes.

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17 Responses

  1. Barry Fagan v Wells Fargo Bank

    Re: Link to Lis Pendens with Evidence of Deed of Trust alteration and fraud by Wells Fargo Bank.

    http://www.scribd.com/doc/71080695/Barry-Fagan-v-Wells-Fargo-Bank-LIS-PENDENS-With-Evidence-of-Deed-of-Trust-Alteration-and-Fraud

    And evidence of multiple authors of Wells Fargo Bank employee Rhonda Bernard Thomas

    http://www.scribd.com/doc/71082634/Barry-Fagan-v-Wells-Fargo-Declaration-of-Dr-Laurie-Hoeltzel-Re-Multiple-Authors-of-Rhonda-Bernard-Thomas-Signatures

  2. Thanks Ann
    Youre the best

  3. D,
    Here is the link you requested

    DECONSTRUCTING THE BLACK MAGIC OF SECURITIZED TRUSTS: HOW THE MORTGAGE-BACKED SECURITIZATION PROCESS IS HURTING THE BANKING INDUSTRY’S ABILITY TO FORECLOSE AND PROVING THE BEST OFFENSE FOR A FORECLOSURE DEFENSE

    http://www.oppenheimlaw.com/pdfs/Securitization_Crisis.pdf

    http://www.oppenheimlaw.com/press-releases.php?new_id=110

    By ROY D. OPPENHEIM AND JACQUELYN K. TRASK-RAHN1

  4. Thank you, Tony! That’s awesome.

    Why doesn’t Neil talk about this jurisdiction stuff? Hmmm….

    I guess there’s more money in selling out to the investors instead of really helping the homeowners

  5. It is “unsecured” debt protected by smoke and mirrors. What makes it funny is that it isn’t even unsecured debt. Unsecured debt is when you atleast owe someone money. These servicers are not even owed any money they just hoping they can get something from you.

    I was at a hearing the another day and the judge asked the “banks” lawyer does the servicer have standing? They said no, then she asked can they join the “real party in interest”? Lawyer said no, the judge shook his head and hoped that the pro se didn’t hear that.

    Of course the pro se did and he said can we end this case now, I think I won on the issue of standing and real party in interest plus lack of subject matter jurisdiction. Judge said yeah I think you did. Denied the banks (without prejudice of course). The the judge asked for the so called note that they had. Lawyer said no you can not get my note, how will I foreclose he said you know it and I know it that’s not going to happen. Banks lawyer said but we have the not we should be able to move. Judge said you can’t even get pass jurisdiction first more less take about notes.

    It was a funny case, after the case the judge closed out the rest of the docket he was so mad. So in short always bring up jurisdiction first before you even get to your other areas of defense.

  6. If Chase skipped an assignment last year, in 2010 and the loan went from Homeside Lending to Wamu and then from Chase to the debt collector, balloon payment written off by Chase, derecognition, sold to one of many florida mortgage servicers(he bifurcaated half of the mortgage(without disclosing it), is the lack of assignment from Wamu to Chase a problem for him?

  7. THANK YOU I GOT IT

  8. This article, attached by link

    ?????????????

  9. CAN SOMEONE PLEASE TELL ME HOW TO GET THIS OR FORWARD ME THE LINK TO THE WHOLE ARTICLE

    DECONSTRUCTING THE BLACK MAGIC OF SECURITIZED TRUSTS: HOW THE MORTGAGE-BACKED SECURITIZATION PROCESS IS HURTING THE BANKING INDUSTRY’S ABILITY TO FORECLOSE AND PROVING THE BEST OFFENSE FOR A FORECLOSURE DEFENSE

  10. I never care about taking credit for anything —only care about the people winning — BUT — I posted the below saying quite some time ago —

    “YOU CAN FOOL ALL OF THE PEOPLE SOME OF THE TIME, AND SOME OF THE PEOPLE ALL OF THE TIME, BUT YOU CANNOT FOOL ALL OF THE PEOPLE ALL OF THE TIME.” —– my DAD always said . Believe attributed to — Abraham Lincoln.

    “BLACK MAGIC” — indeed — and no where near an investigation — not even close.

  11. Barry Fagan v Wells Fargo Bank Re Supplemental Objection to Request for Judicial Notice With 3 Original Deeds of Trust With Different Page Fours. SEE ATTACHED!

    http://www.scribd.com/doc/68896185/Barry-Fagan-v-Wells-Fargo-Bank-Re-Supplemental-Objection-to-Request-for-Judicial-Notice-With-3-Original-Deeds-of-Trust-With-Different-Page-Fours

  12. Yea what happened in my Foreclosure case that is still in conference is that at the very beginning of case the judge sent me a letter stating that he wants all my info and all the banks info but now 1 year later we are still in conference I FOUND OUT THAT THE COURT NEVER CHECKED ANY OF THE BANKS PROOF THAT THEY OWN THE LOAN. WHEN I ASKED MY PRO BONO LAWYER HE SAID OH THATs NOTHING THE COURT NEVER CHECKS what a system stupid lazy under knowledged courts& sleepy old judges

  13. @Deadly Clear,

    You forget a third possibility and I am starting to wonder if it’s not the alternative sought after by banks and government: a bloddy revolution with riots, property destruction, deaths and everything required to orchestrate a massive military intervention.

    I hope I’m wrong but my usual optimism took a beating this morning when I realized that Garfield had sold out (See Fannie and Freddie post of yesterday).

  14. Only collection rights transferred at closing.

    Trusts are/were empty.

    “Mortgage-backed securities” were NEVER “mortgage-backed”.

    Only receivables securitized.

    Unsecured debt sold and re-sold…(and insurance and bailouts collected.)

    You are paying a “servicer” of unsecured debt…with NO MORTGAGE.

    The proof? Ask them for the LEDGERS showing your payments going to an actual “mortgage”.

    They don’t have any.

    TARP inspector general:

    “…Without the mortgage, a note is simply an unsecured debt obligation…no different from credit card debt.”

    WHEN ARE YOU GOING TO WRITE ABOUT THAT, NEIL???

  15. From the fact that Mortgage Electronic Registrations Systems, Inc. has been a non-entity since Jan. 1, 1999, yet appeared as an empty shell and contracted as “mortgagee” in over 67 million mortgages; and where the real entity MERSCORP, Inc. never revealed itself to borrowers to the fact that loans never properly made it to the “Trusts” – the securitization scheme was an intentional scam.

    It is time for Judges to wake up, realize their pensions are gone and try to save our country from demise and revolution by making good law. They’ll have more of a chance to write a best seller than get a pension (maybe they should co-write it with a cop, fireman, gov’t worker or teacher who is also going to go without).

    The ONLY way to save America is to force investors (who apparently were looking for blue-sky risky deals promised to be covered by insurance) to take less profit and a longer payout. They can still pursue the banks for fraud, but their real settlement should be with the homeowners before allegations are made that the investors knew what they were buying and conspired to defraud the borrowers;

    And restructure the homeowners’ mortgages to the current market value (about 1/2 the principal due to fraudulently inflated appraisals constructed by lenders, not on value but on borrowers’ credit-risk analysis “willingness and ability” to pay the initial payments) and find a government agency willing to oversee the operation whether its state or the federal (preferably State). The 6 banks left cannot legally hold all the mortgages that they and their pals wrote. Either the government(s) have to step in or unlawful foreclosures will continue. That’s it clear and simple.

    http://www.deadlyclear.com

  16. Comptroller of the Currency
    Administrator of National Banks
    1301 McKinney Street,
    Suite 3450.
    Houston, Texas
    77010-9050
    Fax: 713-336-4301

    October 14, 2011

    Re: Case No. 01751312
    WELLS FARGO BANK, NA

    BARRY S FAGAN- Complainant/Plaintiff
    Los Angeles Superior Court Case SC112044

    SUPPLEMENTAL EVIDENCE OF BANK DOCUMENT FRAUD

    A.VIOLATIONS OF THE OCC CONSENT ORDER DATED APRIL 2011

    Dear Mr. Chandler:

    I am in receipt of your letter dated September 6, 2011 and wish to further supplement my complaint (01751312) with additional evidence of document fraud.

    Attached hereto and made a part hereof are Exhibits A through C, all of which will be filed with the Superior Court of Los Angeles CASE NUMBER SC112044 and as a result have not yet become a public record.

    Contained within those exhibits, 3 different ORIGINAL Deeds of Trust.

    http://www.scribd.com/doc/68820189/Barry-Fagan-v-Wells-Fargo-Bank-Re-Three-Original-Deeds-of-Trust-With-Three-Different-Page-Fours

    Exhibit A is the Deed of Trust as filed with the Los Angeles County Registrar Recorders Office, while Exhibit B and Exhibit C were provided by Wells Fargo Bank as alleged original documents. The magnified version of page 4 all clearly show variations of the same hand written number and is an indication that the original Exhibit A as recorded in the Los Angeles County Recorders Office has been altered.

    Kindly review the additional exhibits to see that Wells Fargo Bank’s entire loan file is wrought with errors and inconsistencies and quite frankly fraud!

    So I continue to write to the regulatory authority that supposedly enforces and promulgates rules for National Banks to follow, and submit both evidence and allegations of fraud.

    I believe if my case is reviewed at the highest levels, the OCC can indeed do something to prevent fraud rather than in my opinion harbor it.

    Kindly forward this additional evidence to California Attorney General Kamala Harris’ office so that they too can review these three exhibits for possible State prosecution of these fraudulent and criminal acts.

    Sincerely,
    Barry S. Fagan Esq.
    Malibu, CA 90265

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