Green Party Seeks Foreclosure Moratorium

Editorial Comment: I agree with everything they are saying but they have failed to grasp the points that would make such a moratorium justifiable — namely, as President Obama pointed out (only once that I know), they don’t who owns the loan receivable. The Green Party has a wide audience and they make a lot of good points. They need to complete the thought and develop it into policy rather than reaction to injustice.

by Jacon Wheeler, uptake.org

Green Party vice presidential candidate Cheri Honkala said that, were she and presidential candidate Jill Stein to win Tuesday’s election, the first thing they’d do would be to “turn the White House into the ‘green house’ and enact a moratorium on foreclosures in the United States of America.” The Green Party is on the ballot in 36 states and the District of Columbia, and can appear as write-ins in seven more states.

“The Democrats and Republicans are never gonna talk about home foreclosures,” Honkala told an Occupy Homes rally in South Minneapolis late last month. “They’ve participated in bailing out the banks across this country, and quite frankly they don’t give a damn about poor and working people. Already eight million families have lost their homes to foreclosure. How many more families have to lose their homes, and how many more have to be broken up and destroyed? There’s no words to the damage they’re doing to young people.”

Honkala is the first formerly homeless woman to run for the nation’s highest office. “My journey started on 38th Ave when my oldest son was nine years old and homeless, and on a cold winter’s night we housed ourselves in an abandoned house to keep me and my oldest son Mark from freezing to death on the streets of Minneapolis,” she said at a rally for the Cruz family, who were evicted from their home on Cedar Ave last summer. Despite a campaign by Occupy Homes, lender Freddie Mac has refused to renegotiate a loan with the Cruz family. Their house is now for sale.

“We’re anticipating that one million families will face the same situation,” said Honkala. “I’m encouraging those million families to take a page from history, from Rosa Parks. What could they do if those million families just refused to leave their homes? Put an end once and for all to homelessness in the United States of America because it’s possible. We have more abandoned houses than we have people. We stand with the struggles of the Cruz family, and all other Cruz famlies across this nation.”

Following the rally, Honkala told The UpTake that she was sharply critical of the substance and style of the three debates between President Obama and Mitt Romney.

“The word poverty made it into the debates like twice, and that came from Mitt Romney, not from the Obama administration,” Honkala pointed out. “They didn’t talk about the foreclosure crisis. Other than climate change, I don’t know what wouldn’t be at the top of any serious presidential candidate’s agenda other than taking our babies off the streets of this very wealthy nation.”

“If Jill and I had been part of the debate process, we would have talked about ending homelessness; we would have talked about the foreclosure crisis; we would have talked about mass incarceration, and the school to prison pipeline; we would have talked about legalization of marijuana and ending the drug war; we would have talked about the fact that Obama has deported more immigrants in this country than any other president in history.”

But Stein and Honkala weren’t allowed into any presidential debates — not even as spectators. Both were arrested outside the debate at Hofstra University in Long Island on Oct. 16. “Instead of being met by discussion, we were met with handcuffs,” said Honkala. “We were handcuffed to a metal chair for eight hours.”

Despite a democracy deficit at the presidential debates, Honkala said she feels heartened by the Occupy Wall Street movement and how civil disobedience has brought issues of homelessness, the foreclosure crisis and economic justice to the forefront over the past 14 months.

“We are very encouraged by the Occupy process, and in partiuclar the Occupy Homes process taking place across this country. Now there’s even conversations taking place within the Occupy movement about officially endorsing Dr. Jill Stein and myself, which I think is a very important step because we can’t just have a social movement that’s disconnected from electoral politics.”

“If we look at social transformations in different parts of the world, it’s when a social movement and a political party that’s independent of corporations link up, that’s when things really begin to change.”

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114 Responses

  1. @MIKE—–I empathize with you—–since 2009—paid 50K—-ended up having opposition call my atty to testify that he had made a verbal deal to turn over my property —to hand over a deed—without specific consideration for that matter—called violation of statute of frauds aside from my atty doing it rather than me agreeingverbally—–id rather pay 9k for a lost motion than 50 for a hostile witness

    its a crock isnt it

    but in defense of attys 4 yrs ago—a lot has happened since then–

  2. Nope….he will stay the course and eventually has us all on food stamps.

  3. OK Obama contract renewed. does anybody see a “change” likely? What–Why?

  4. @ masterservicer

    You definitely have my attention…intrigued. Suit against Bank of America, NA, generated from Countrywide Home Loans, Inc. who “supposedly” gave a check to the Substitute Trustee to buy my note, over its value in 2011. Now, Substitute Trustee is on my deed, thoughts?

    My claim currently, on appeal is a ceased corporation cannot sue or litigate any complaint when dead…So how does BOA, NA a trust come into play here?

  5. @ALL

    I just went and met a local preserver–let them in my gates and into the seized [partly] house that was my former home–where my children were raised—that the debt collector just absolutely had to seize—and its now unoccupiable and filled with toxic mold.

    I have three separate bank trustees leveraging to sue me on a probably destroyed note.

    And all i see here are dozens of bitchy notes backbiting one another–have you no shame?

  6. They may be lined up around the corner to get possession—but after two years “preservation” my former home —hanging uncerstin under schwartzwald —is now filled with toxic mold.

    The current preserver tells me this is not unusual—–the servicers NEVER put the electric in their names and never blow down plumbing in seized homes—–thus as in the NE today–midwest homes invariably freeze when the homeowner leaves–pies are broken throughout and mold is allowed to grow for a couple years—why? why do they do this?

    why do local judges help them destroy homes–that used to pay property taxes—income taxes—the judges are destroying their own retirement and the sheriffs and the teachers—haste makes waste—what law is that—judicial notice maybe

  7. DCB… Can you pass on a Warrenty Deed to someone else without those exclusions of coverage? No. Do you want to pass away and leave your children and grandchildren to deal with the mess when they settle your estate? No. You have every dam right to be mad as hell!

  8. BNY was indenture trustee to AHM 2004-4, deutsche was custodial trustee

    Deutsche was indenture trustee to AHM 2005-1,

    BNY Global trust division recently stated that the note for loan XYZ at adress relevant was serviced by BAC

    AHMSI has been acting as servicer these many years

    So yes 3 possibles—BNY, Deutsche and BAC

    AHM 2004-4 and AHM 2005-1 both were trusts that had no mortgage loan schedules filed—thus permitting the duplicated sales of the same note to two different trusts—–and as per BNY [as alluded by MS] serviced by BAC

    yeah —i feel like im a shopkeeper holding a single cut of meat and calling out “who is next for the order of steak”–and a rush to the counter occurs—AHMSI and BNY push their way to the front of the line saying “heres my ticket [note]” —-i cant see what the others are holding behind their backs——-but they did not sit down

    Anybody understand now why im spending time on Art 3–makers’ protections?

    And i will say this–its grossly unfair that the SEC permitted this to happen–and that is squarely where the blame lies—-SEC

    SEC PERMITTED these AHM con-men to file without meeting the requirement for an electronic loan schedule with the securitization docs to which it was supposedly an exhibit

    then the con-artists used that waiver to file for AHM 2004-4 a one page reference to the loan schedule w/o the 17,000 lines of loans in the missing exhibit—-[also same at Biden's Delaware Sec State office] ["contact filer for a list"]—no schedule of record anywhere –ok?

    Then AHM did exactly the same thing for AHM 2005-1—-with the players switched around some

    SEC allowed it

    The AHM 2004 4th quarter 8K even disclosed duplicated sales —requiring restatement of 2004 income for the group—-and SEC said nothing

    The breakdown is pretty clear–and traceable directly to SEC

    Then SEC covered it up in 2009 when i determined this and started asking for copies of records–of course there are none for 2004-4 and 2005-1————–SEC ……?????

    and now i must live with this mess–i cant get out of it —smash robosigning which was used to conceal it—not enough–all of the foregoing–not enough

    there is no justice and damn little govt except to collect taxes and distribute checks

  9. We’ll just see what she has to say about all this stuff you have posted here today—because I’m showing her ALL of it.

  10. And—enraged—-this is exactly what I said regarding her phone—texting—TEXTING. Gee, I guess I’m just psychic…

    “…and have only been able to text on cell phone…”

  11. Do not let these crooks deny you your LEGAL RIGHT TO VOTE AS AN AMERICAN CITIZEN enacted by President Johnson in the VOTING RIGHTS ACT OF 1965….which reads…..States can no longer ..”deny or abridge the right of any citizens of the UNITED STATES to vote”

  12. Why must one make this a campaign site? This is Not the Purpose of this Site. Especially coming from those Not Registered to Vote! What is the Law about Voter Registration? Can You Register n Vote the same day? Soooo Confused…

  13. TBTF IS AN ABUSE OF POWER BY THE EXECUTIVE BRANCH VIA TRAITORS IN CONGRESS & THE SENATE…..WHO ARE ALL IN THE SACK TOGETHER….! END TBTF ABUSES & VOTE ROMNEY……!

  14. 9-11 was and is a direct war on the American Citizenry..by our enemies both foreign & domestic…….via the Executive Branch who wishes to use the 14th Amendment as a very deceptive way to ABUSE ITS POWER by turning the JUDICIARY VIA THE 11th Amendment against …THE AMERICAN CITIZENRY…..THE 9th Amendment …..

    THE 9th AMENDMENT CLEARLY STATES…..AS FOLLOWS…….The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people………..-

    V-

    The 11th AMENDMENT CLEARLY STATES…..The judicial power of the United States shall not be the construed to any suit in law or equity, commenced or prosecuted against one of the United States Citizens of another State, or by Citizens or subjects of any Foreign State……

    THE FACTS DON’T LIE…….THERE HAVE BEEN 20 MILLION FRAUDCLOSURE THEFTS BY THE FOREIGN CONTROLLED…..INSOLVENT FEDSTERS…….THAT IS WHY I AM VOTING ROMNEY…..

  15. The TBTF WHO caused the working class to fail were bailed out for causing US to fail. I agree with what General Smedley Butler said can be applied to the entire Government Corp…..if the Government starts treating the military badly, you will know we have been invaded by our foreign enemies. Well all you have to do is take a look at the FEDSTERS fraudclosing on active duty servicemembers & the American people as well as the ongoing bailouts of the FEDSTERS & the way the victims of all of the manmade disasters are treated by the GOVERNMENTS that WE THE PEOPLE FUND & SUPPORT to know this is not only apparent, but 100% VERIFIABLE. They want WE THE PEOPLE to go bankrupt to fraudulently induce complete communism & accept the MICROCHIP THAT HIS HIDDEN IN OBAMACARE AS A REPLACEMENT FOR OUR FREEDOM & INDEPENDENCE & TO THAT I SAY…..YOU CAN ALL GO TO HELL & GO BOINK YOURSELVES…..THAT IS WHY I AM VOTING TO RESTORE MAIN STREET BUSINESSES, THE REPEAL OF OBAMACARE, LOWER TAXES FOR EVERYONE AND THE END OF TBTF……THAT WILL RESTORE THE RULE OF LAW & OUR FREEDOM & INDEPENDENCE & I AM VOTING ROMNEY…….

  16. 3rd Note

    Deutshce Bank, UBS, HSBC, Barclays, Credit Suisse, Bank Won Hung Lo

  17. OH..TY! MS

  18. Here is your Lemonade stand

    Pitcher “A”
    Bank of America owned subsidiary BAC Home Loans Servicing, LP

    Pitcher “B”
    BAC Home Loans, did business as Countrywide Home Loans Servicing, LP.

    BAC Home Loans, which did business as Countrywide Home Loans Servicing, LP before it was acquired by Bank of America in 2008

  19. Is the 3rd note the Origionater?

  20. BNY or BAC

    There is it – your hitting the nail on the head .
    Your just about there…

    Able owns a lemonade stand and so does Smith
    Each has a Pitcher that holds 10 glasses
    At day’s end each sold their entire pitchers empty !

    How did Smith and Able get 30 sales from the two pitchers
    Yes there is a third note –

    Peace

  21. MS.. what was the time frame covered under the settlement for immunity? Begining and Ending

  22. go with what works—at a conference recently debt collector counsel gave me a choice of clients to pick from BNY or BAC—-as holder—one was trustee for a trust built by the sponsor immediately after the other——straddling a calendar year–for neither trust was a loan schedule as represented filed

    i think she is just having fun with me—shell be rich now with schwartzwald opening all these cases at least temporarily—go back to the darkside ms–its picking up speed

  23. WANT TO CREATE COMPLETE COMMUNISM …
    Are you serious ….I got news for you

    —-I think your on to something – for sure !)

  24. I have an extensive law / accounting / book collection. Some from 1917 that I boought over two years ago. Then another from 1942. It was an eye opener. There is also a securites book from 1951…in each book there was critical analysis for the exact thing that is happening here now! Its done over and over and over again.

    This is being done to Americans by Americans . Land Barrons and wealthy influences that own ..well

    This will make you scream . BAC Home Loans, which did business as Countrywide Home Loans Servicing, LP before it was acquired by Bank of America in 2008, agreed to the FTC settlement in conjunction with a $25 billion, (pease they had to borrow $5 Billion from Warren Buffoon .

    Global Civil Settlement that Bank of America and the four other largest U.S. banks reached with the U.S. Department of Justice and state attorneys general to resolve allegations of abusive foreclosure practices.

    The FTC obtained an injunction against BAC and Bank of America as a wholly owned Subsidary DBA Countrywide Home Loans LP The injunction was lifted upon settlement of $26 $$$ whatever . The next day they wnet back to same thing – right where the FTC left them

    I do not get it . Really, I do not get it …

    registerclaims@live.com

  25. voting rights –separte from right to receive pmt??

  26. the presumtions bite you—–the possesor of the note is deemed holder with good signatures unless you assert some reason to challenge the authority or authenticity of the signatures–meaning the original note makers signature too—you can admit it and make it irebttable though

    but ms is saying what if the original is burnt early on–most of the time i understand –at least 60%

    then what—sticky wicket—but id look at the sec filings for the line item on the schedule–if one was filed–and claim assignment from there–which im sure is what they will do to defend mtds on jurisdiction now in ohio at least

  27. Sorry MS.. no insult intended, … “I’m A Dummy” in this area. I’ will Shut Up now and Listen.

  28. how can one assert a connection to a psa if the note is not scheduled to it

  29. Yes there is a third note – well. Sort of anyway..

    It’s called the note created by a foreign central bank participant. That’s three elements of consideration and there is yet a fourth—AND ITS ALL LEGAL !

    Note = Common stock
    Common = Discounted Bond
    Discounted Bond= synthetic yield
    Yield = Preferred stock

    Do you see the problem with the responses that emerge? You cannot have a PSA in the left hand and a note in the right It defies IRC reporting requirements that the tax payer corporation uses to report earnings

    registerclaims@live.com.

  30. The second note never existed because of the ORIGINATION FRAUD…..IT’S ALL FRAUD & FICTION…..

  31. How can you produce a note in line with a PSA the other side is admitting too.

    i think that a note must have been scheduled and schedule attached to psa or indenture for the note to be “in line with psa” —if not certainly the remic statements and tax filings ar wrong

    or do i not understand your point

  32. Haha DC….I believe an ounce of prevention is worth a pound of cure…….but if I need a doctor, I have one who is more than reasonable …….everyones not greedy & in it for the money..&…I have faith……I know there are some things money can’t buy…..like a world class education in 40 mos for example….

  33. I’m Happy You got a Good Laugh! Its Healthy! But I was serious…What second Note? I’m still a learning…

  34. the 2nd note… between attorney and M.S.?

    That was class….I laughing it off. Yoou have class…thanks

  35. The note is not tendered you see. It is liquidated – capitalized into the securities offering and made into tender as a common share.

    i understand the mass assignment of intangibles—-bearer paper correct?

    but im talking about UCC which makes the original as valuable to the maker as money–its supposedly in somebodys custody–but we expect its burned to prevent it being stolen

    later you state its the 2nd one….. if there can be a 2nd then there can be a 3rd—-and evidence to rebut he 3rd is needed right–or pay again? or that never happens because i can prove the 2nd satisfied the debt at art 3 level

    i remember them saying to boyco–this is not how we do it in ohio–im not sure practice is correct? how can we rely on practice outside the statutes?

    i am not disputing you–i am trying to put it in context that i understand

  36. Do you see the illogical reposes that emerge?

    How can you produce a note
    in line with a PSA the other side is admitting too.

    You cannot have a PSA in the left hand and a note in the right
    It defies substantive arguments under IRC reporting requirements.
    The tax payer corporation uses these guidelines to to report earnings.

  37. If there is no legal assignment masterservicer…..there is no cause of action……copies of instruments can only be considered counterfeits & forgeries & uttering……without the legal transfer…..without acceptance & consideration…..there can be no presentment….they are in dishonor…cue Article 3-806…

  38. the 2nd note… between attorney and M.S.?

  39. DC……the law says they have to prove status…..or lost note at the onset of the fc….3-301 or 3-309

  40. DC – if the mortgage file included the note—as the PSA states—and “they” produce it out of thin air pursuant to agreement or under judicial pressure [as raftogianis] —where did the note come from–not bar-coded either….

    It does not matter where the note came from . It should have been destroyed. The note is not tendered you see. It is liquidated – capitalized into the securities offering and made into tender as a common share. Take your mortgage and divide it by $250.00 and that is the basis for the Pooling and Serving agreement your reading.

    Ask to see the back of the note. NO ALLONGE IS EVER USED IN A TRANSFER OF ASSET USED AS CONTRIBUTION ITO A REMIC CAPITAL STRUCTURE FINANCING ARRANGEMENT . A blank Allonge is a right to move to dismiss the case – don’t blow this. A blank Allonge signals the lawyers do not want to violate a general assignment made earlier to the Master Assignee –who you all call the Master Servicer

    It’s the second note your needing to know about to make your arguments conclusive.

  41. gee ivent if you are broke who will pay your copay at the clinic when they grab you???? this could alter things

  42. I just don’t get it….that no one else is willing to join me from the inside to back what I keep telling you folks

    what exactly are you telling us folks–that the files were destroyed–ok maybe—should we bet on it ? how?

  43. So what if the law was broken sc…..? What am I going to do about it…..? Do I need to cite all of the laws they broke articles 1-6….that protect me……Article 9….? You know perfectly well what they are …!

  44. You don’t pay attention sc…..I DID NOT SAY I WAS BROKE….I SAID I WAS ROBBED BY THE FEDSTERS VIA THE BANKSTERS ON WALL STREET……& I DON’T HAVE ANY IDEA WHAT HELP YOU ARE TALKING ABOUT….I NEVER ASKED YOU FOR ANY…..I TOLD YOU I DEMAND MY SATISFACTIONS OF MORTGAGES & MY TITLES BE CLEARED OF ALL FRAUD COMMITTED BY THEM and A HOLD HARMLESS LETTER FROM PREMIER TITLE & CHICAGO T&T FOR BREACH OF CONTRACT……BECAUSE WHAT THE FEDSTERS & BANKSTERS DID WAS ROB ME & THAT WAS CRIMINAL…AND THE TITLE COS DID NOT DO THEIR JOBS THEY WERE INDEMNIFIED BY ME TO DO….

  45. In yet another case – \ Sun Trust Citibank Oakland CA Sup Court./ 2011
    Over four and a half years to trial and the case is hinging on absolute conclusive evidence the foreclosing party is avoiding their own recourse for a buy back provisions.
    No securitization audits, no Robo or Hobo rhetoric …my findings were conclusive evidence SunTrust was on the line to pay back the balance to restore the subject file. And in lieu of coming out of pocket they wanted the house to satisfy their balance owed.
    Opening statement at trial by Plaintiffs Counsel –
    “….the borrower has been in the home too long” Counsel was dropping the case as he believed there was no justification or merit, etc to continue the matter.
    Court rules for the Defedants

    Thanks Counsel – And you were a friend ….I thought

    It’s not that you have to be forced to believe what I say . I just don’t get it….that no one else is willing to join me from the inside to back what I keep telling you folks.

    You just don’t really understand what’s happening here.

    Registerclaims@live.com

    “He’s a scam, took 99 cents from an old lady , he won a tobacco settlement ….Whoever you are it worked. So , save it okay ! …

    Take the info and take it for what it’s worth .

  46. So what if the law was broken, what do you think you can do about it that no one else can? Please tell us……

  47. @MS
    if the mortgage file included the note—as the PSA states—and “they” produce it out of thin air puruant to agreement or under judicial pressure [as raftogianis] —where did the note come from–not bar-coded either….

    why did ahm petition to destroy files in meliville?

    why dis 14 trusts claim files?

    if there are no notes–to be distinguished from files–then an affidavit of lost note and surety must be provided 3-309 right?

    are you suggesting that nobody can claim holder status based on possession?

  48. I KNOW & YOU KNOW…..THE TRUTH IS SC……it makes no difference in my case if I am broke or I have a gazillion dollars……YOU BROKE THE LAW…..NOT ME…..and therefore……..these cases are out of their legal jurisdiction because they are criminal…..

  49. Greetings;

    I got into this nightmare in 2007 before there was a Livinglies or anyone else concerned with the subject matter. I was one of them and working with a law firm on a criminal case related to the current subject matter. It was on a dare I took a foreclosure case and pursued the claim for the law firm

    It was within 30 days we had an offer in compromise to settle the account. First Franklin’s attorneys agreed to a $500,000 settlement.
    There was one other person doing these editorials Mo Beard and he was pretty much on target. But I never wanted in on this world of $%!#. I was one of them you see and made a good living. The starting salary out of school on Wall Street was $394,000 a year and a Jr underwriter makes $850,000.

    I did work on a few more cases and then this underground economy exploded with Livinglies and the Boyko decision in Ohio. (Neil you remember Boyko right …).

    The cases I have seen and participated in as an expert in court are valuable to me now in hind sight. What I learned from is valuable and conversations with a past AG were conclusive – the mortgage file was destroyed.

    But in cases I have attended …

    Vallejo Superior Court Aurora Loan Servicing / 2009 – Plaintiffs attorney drops my arguments and then drops the case the night before trial. Counsel tells the court the borrower has been in the home long enough there is no justification merit, etc to continue the matter to trial.

    Judge ruled in our favor – w Prejudice
    I do know what they did and I at one time was doing it myself. I know and the things discussed on this site are far off the mark.

    I’m sorry
    Registerclaims@live.com

  50. Oh.. You know me, always wanting to help a neighbor. I saw one of those “U-Haul your own Carcus” Trucks today and it just reminded me of the offer I made you. I do want to complement you on your 1st step to recovery tonight …. You Finally Admitted Your Broke! Level 2 is coming Rapidly because of your delay in completeing Level 1. I just want to make sure your are prepared to handle it. Just being Neighborly..

  51. Yeah crazy as that is ill one up you ivent—biggest concealment of all

    Notwithstanding 20th century political philosphy, Atlantis actually existed. Of course a giveaway that people might have thought so for millenia is that they named an Ocean after it.

    Lets touch the crazy side again—Edgar Casey, a wild-eyed medium of the early 20th in one of his readings stated that the island-continent was where plato put it too—strange coincidence there. Casey went on oddly to “read” that the land and islands around it were inhabited by a curious lot–giants—of course in those days a simple 6 ft 6 in viking would be a “giant”—how big was later-day Goliath IVENT?

    Somewhat more recently giants are found by US archeoligists in NA —-circa BC 9000. Clovis points—-I wonder if Casey had an early set of bones brought to him?

    The giants appear to have followed megafauna into the sunset at the time seas rose with meltwater 300 feet–and Atlantis went under waves with most of its population. NA dertification……

    Could it be that it is politically correct to “believe” that asians were the 1st in NA? Why? easier to give it back that way? IVENT im expecting a diatribe here. You wouldnt bite on the other–what about this one?

    Im way more concerned about this academic curiosity than how many votes the President wins by. i think only the bookmakers are interested in that detail. Hmmmm I wonder if Goldman Sachs is offering an index on that bet???

  52. The truth is….consumation………..a few days away from origination……..breeds brilliant women….

  53. ~~~~~ When is your court date again Ivent? November what? ~~~~~

  54. I Love my freedom & independence & I, as an American Citizen, reject any…..person…place….or thing either foreign or domestic who threatens to destroy my legal rights afforded to me by THE UNITED STATES CONSTITUTION ….

  55. They need to complete the thought

    Your right.

  56. I never tell anyone to act in a disruptive manner…..unless you consider me telling people to exercise their Constitutional Rights upheld by the RULE OF LAW ……THE UCC CODE ARTICLE 9…..PROTECTS WE THE PEOPLE…THE MAKER OF THE NOTES…..BY UCC ARTICLES 1-6 & 8 FROM LAWLESSNESS….is being disruptive …..&…the 9th amendment of the UNITED STATES CONSTITUTION PROTECTS WE THE PEOPLE …AS U.S. CITIZENS FROM LAWLESSNESS BY OUR ENEMIES BOTH FOREIGN & DOMESTIC….THEN YOU ARE A TARE…

  57. & ARTICLE 9 OF THE UCC…..ADOPTED INTO LAW IN MY STATE ……..CLEARLY STATES…..THE RULE OF LAW…..NOT THE LAW OF THE JUNGLE PROTECTS THE MAKER OF THE NOTES……WE THE PEOPLE…..SUPPORTED BY ARTICLES 1-6 & 8 OF THE UCC..

  58. You disappoint me IVENT——it wouldv been so helpful for you to have summed up your many anti-govt threats, and urging others to act in a disruptive manner—now i dont have a cover for the file–something to indicate your level of trust and respect in govt

    try again

  59. I would tell them THE TRUTH……DC…The Federal Reserve bank robbed me by proxy..& I’m broke because of it. If THE TRUTH makes an American citizen dangerous in this Country then I stand guilty as charged and I will plead my 9th amendment right…THE ENUMERATION IN THE CONSTITUTION OF CERTAIN RIGHTS SHALL NOT BE CONSTRUED TO DENY OR DISPARAGE OTHERS RETAINED BY THE PEOPLE.

  60. YOU LAWLESS FEDSTER BANKSTER SCUM CAN’T FINALIZE FRAUD & FORGERY ..

    hmmm–did i tell you ivent—i worked in one of those rooms with no windows and giant computer screens for the Treasury Dept in a DC sort of suburb—–went to Obamas inaugaration ball—the EPA one
    and i like keeping track of you–cause i think you are dangerous

    why dont you tell me what you would do to treasury and irs collectors if you had a chance—dont hold back—

  61. FEDSTER SCUM ARTICLES 7 & 11 ARE BOTH OVERRULED BY ARTICLE 9….WE THE PEOPLE……THE MAKER OF THE NOTES……PROTECTED BY ARTICLES 1-6 & 8 OF THE UNITED STATES CONSTITUTION …..VOTE ROMNEY…!

  62. FEDSTER SCUM ARTICLE 7……OVERULED BY ARTICLE 9 ……. PROTECTED BY ARTICLES 1-6 & ARTICLE 8….WHICH VESTS ALL POWER IN THE MAKER OF THE NOTES….

  63. SC,

    Funny that you’d mention it. I get sea sick on a water bed… :)

  64. Sorry DCB, I have strong reading comprehension skills, but when it comes to spitting it out…….Well, thats my weakness.

  65. THE TRUTH IS….YOU LAWLESS FEDSTER BANKSTER SCUM CAN’T FINALIZE FRAUD & FORGERY …..UNLESS YOU COMMIT MORE FRAUD & FORGERY…! VOTE ROMNEY AMERICA…..& SAVE YOURSELVES…..& YOUR COUNTRY…..! BTW…..WE THE PEOPLE DEMAND TO SEE THOSE S1 FILINGS….!

  66. S#2 file transfer of note and mortgage together before dropping S#1 Lp. and appx 60 day prior escheat …

  67. You cant send an asset to a set of books (servicer 1) that show clearly they never recieved the asset. Especially if the Books are Closed, the Doors are Closed and Assets are Gone. You can Not go back and add assets to a Corp that does not exist. The Note Specifically? And yes … lots of deaths, lots of disputed/lost assets daily. Not acceptable in this situation. No trust involved in S1 filings… I will let you know when we finalize the arrangements for the cure.

  68. Your view seems to predominate SC

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    Many yacht owners prefer to keep their ownership confidential. The ownership of a yacht through a company provides for a good level of confidentiality. In addition, having a company owning the vessel limits the clients exposure to liabilities which can arise through the ownership of the yacht.

    Many of the countries in which clients are resident have complex inheritance laws which can frustrate clients wishes regarding the disposition of their assets on death. These problems can in certain cases be avoided by settling the shares of the company owning the vessel into a trust.

    We are able to incorporate companies in all key jurisdictions worldwide. For yacht ownership structures, we usually incorporate in Jersey, The Bahamas, St. Vincent or Malta, depending on the client’s individual circumstances.

    Additionally, it may be advantageous to establish a trust or a foundation as the ultimate holding vehicle for the vessel. A trust or a foundation enables assets such as private yachts, which individuals may prefer not to hold themselves, to be accommodated in an effective legal structure. Through our own trust companies in several important jurisdictions we are best positioned to advise and assist in setting up the most appropriate structure. Our services are comprehensive, provided by specialist consultants and lawyers, independent trustees and other highly qualified professionals, and focused on each client’s individual circumstances and requirements. We combine the expertise of these professionals in their relevant fields to provide excellent advice and service.

  69. I wish you would say this in a manner simple minds ike mine can understand SC

  70. However…ALL GOOD AMERICAN MOMS KNOW…..homemade fries….are FREEDOM FRIES….roasted in the oven…Those are American moms best kept secret….wholesome & nutritious..

  71. That’s why, when I indulge, I prefer freedom fries washed down with snapple in the glass bottle……its not phony & fraudulent …….it tastes good & is refreshing too…..the acid in the snapple destroys the bad cholesterol …and anything made in the U.S.A has to be good for you…!

  72. No yacht for me … motion sickness. I’ll stick with the john boat and trolly. LOL

  73. No Sec filing… Previous Servicer file Lp and did not get fc. New Servicer leaves Lp open. Why? Homeowner wants Lp Released. It took homeowner w/attorney almost 3 years to get Lp release. Then New Servicer (wanna be owner #2) with malice and intent files A load of garbage transfering the Note and Title together via MERS. When clearly the previous petition with the court and CRO LP says Servicer 1 was the note owner via Broker/MERS. But if S1 really wasnt and didnt but filed publicy at cro and cc ?? S 2 carried on a fraudlent intent and cover-up of S1…clouded title/double jepordy. yada yada yada .. Big Oger Ass is in Deep Doo Doo ….

  74. Im saying after I raised the fact that there were unfiled loan schedules where they had permitted “mannual filings” despite the mandate to do it electronicall–under a hardship exemption—-SEC went out and removed ALL manually filed schedules from its site—in 2009 40% of the manual-filed trust schedules were obviously missing

    So SEC removed the rest so [presumably] the oversight was not so obvious–also makes it impossible to use govt records exception to incorporate references to missing files by comparison–eg i had put in a motion –see this URL to see a real manually filed loan schedule there for 5 years—suddenyl poof–its gone–along with all others similar

    now all trusts with manually filed schedules look as if the schedule is missing—-you have to inquire in writing–probably by FOIA now

    but they are not all missing—i do have a 2009 list of missing vs non-missing made before they wiped the schedules off the site–so you cant raise em in motion practice as judicial notice

    its hard enough to do this stuff–without SEC doing all it can to conceal the breaches of fiduciary responsibility and lapses in representations—negligence of accting firms and raters—it makes one pretty skeptical about SEC …..at least

  75. Hmmm… I thought Monaco had the most number of registered yachts.
    Then again, it’s still Italian. If i recall, the Grimaldis were, originally, just a bunch of pirates roaming through the Mediterranean sea. So, technically, you’d still be right.

  76. @SC—oversight glitch compensation–applied to all? not sure if you are refrerring to how many yachts in the caribean—or in club med –italy—-italy has the most registered yachts in the world —should give you a clue who was eating highest on the hog

    i wonder how sicily ranks in yacht moorings—too conspicuous do you suppose?

    i wonder where Don Juan Corzini keeps his?

  77. Sheese the FED has UNSECURED & UNINSURED 2K….4K & 8K FILINGS UP THEIR YING YANGS THEY CAN’T LEGALLY ENFORCE BECAUSE OF ARTICLE 9………& HITLER & STALIN GOT CAUGHT….RED HANDED TRYING TO OVERTHROW THE REPUBLIC WITH OBAMACARE BY THE MAKER……..WE THE PEOPLE…TIME TO SINK THE FED/BANKSTER TITANIC OF FRAUD & VOTE ROMNEY….!

  78. I love this–JG and I etc discuss UCC art 3 and 9 —IVENT knows very well the context of those—so she starts throwing in articles of the US Constitution —well if that doesnt send the majority of newbies down a rabitt hole —–or chasing a red herring–i dont know how btter to throw them off—

    this should clearly demonstrate that she is here to inflict harm on everybody she can touch—

  79. ARE YOU SAYING THE SEC IS NOT COMPLYING DC…..?

  80. Take that little oversight glitch and apply it to all, ….. how much are we talking?

  81. Allow me to clarify …..THIS ELECTION IS A WAR BETWEEN ….ARTICLE 9…WE THE PEOPLE…..& ARTICLE 11……THE FEDERAL RESERVE BANKSTERS………VIA OBAMA & THE EXECUTIVE BRANCH…….VOTE ARTICLE 9……ROMNEY IS FOR WE THE PEOPLE…….HE WANTS TO ABOLISH OBAMACARE…..THE MARK OF THE FED BEAST……AND LOWER TAXES FOR EVERY AMERICAN……..ABOLISH THE FED MARK OF THE BEAST & VOTE ROMNEY AMERICA…..!

  82. – An Australian Court has become the first in the world to find a ratings agency liable for AAA ratings on junk derivatives,

    Yeah–I still wonder whats wrong with investor litigators–they should be hammering the raters and the auditors for the failure to notice these people just happened to miss filing a loan list that contains 10 or 20 thousand loans —a stack of excell spreadsheets standing 3 inches tall– an unmistakably large PDF on the SEC site—beore SEC removed the manually filed schedules in late 2009

    just a little oversite glitch——no assets assigned to the trust—only a few billion dollars—what the hell—no time to check–even sample that boring stuff–or the non-addign 8ks—gotta catch the early flight on thursdays or they wouldnt be able to use that new yacht at the new caymani caribean retreat—just sign the certification and run–oh and make sure the big suitcase is ready to go

  83. It truly is a war between Article 9 and Article 11 of the UNITED STATES CONSTITUTION… HOWEVER …. ARTICLE 9 ……WE THE PEOPLE STILL RULES….HOWEVER……..THE FRAUDULENT INDUCEMENT OF THE MICROCHIP IN OBAMACARE SEEKS TO OVERTHROW & DESTROY THE U.S.CONSTITUTION BY HANDING THE ISSUANCE OF THE CURRENCY IN THE HANDS OF THE FEDERAL RESERVE BANK VIA THE 11TH AMENDMENT ……. THE EXECUTIVE BRANCH……IT IS ANOTHER FRAUDULENT INDUCEMENT BY IMPOSTERS…SAVE YOUSELVES A FRAUDULENTLY INDUCED REVOLUTION…&….VOTE ROMNEY AMERICA…..!

  84. On January 1, 2011, THE ILLINOIS SUPREME COURT tried to suspend the RULE OF LAW & ALLOW THE RULES OF EVIDENCE to govern court proceedings……However…..Article 4 overrules that…because Article 9 vests all legal rights in the MAKER…WE THE PEOPLE…OVERULING ARTICLE 11……….. THE EXECUTIVE BRANCH ….

  85. The entire edifice is crumbling worldwide and it’s moving faster and faster!

    S&P Liable for “Misleading and Deceptive” AAA Ratings for the First Time

    By Bentham Capital LLC

    NEW YORK, Nov. 5, 2012 — /PRNewswire/ — An Australian Court has become the first in the world to find a ratings agency liable for AAA ratings on junk derivatives, paving the way for many new possible claims in the United States and elsewhere.

    Australia’s Federal Court yesterday found against Standard & Poor’s (S&P) and investment bank ABN AMRO (now Royal Bank of Scotland) in a claim brought by a handful of local government authorities that lost more than $30 million in complex securities that turned to junk when the housing market crashed.

    The claim against S&P and ABN AMRO was backed by Australia’s largest litigation funder IMF (Australia), parent company of US-based funder Bentham Capital.

    The securities – complex synthetic derivatives known as constant proportion debt obligations, or CPDOs – were arranged by ABN AMRO, rated AAA by S&P and sold to local government authorities by an intermediary firm in 2006. Billions of dollars worth of similar securities packaged by ABN AMRO were sold to institutional investors in the US and Europe over the same period.

    Bentham Capital Chief Investment Officer, Ralph Sutton, said the Australian judgment, coupled with new findings that challenge the ratings agencies’ First Amendment defense, could spell trouble in US courts for Moody’s and S&P, among others.

    “A recent ruling from Judge Shira Scheindlin in federal court here in New York suggests the rating agencies are in serious trouble relying on an ‘opinion’ defense,” Mr. Sutton said.

    Read more here: http://www.heraldonline.com/2012/11/05/4390072/imf-australia-plaintiffs-win-against.html#storylink=cpy

  86. The whole edifice is literally crumbling worldwide. And it’s speeding up!

    http://www.heraldonline.com/2012/11/05/4390072/imf-australia-plaintiffs-win-against.html

    S&P Liable for “Misleading and Deceptive” AAA Ratings for the First Time

    By Bentham Capital LLC

    NEW YORK, Nov. 5, 2012 — /PRNewswire/ — An Australian Court has become the first in the world to find a ratings agency liable for AAA ratings on junk derivatives, paving the way for many new possible claims in the United States and elsewhere.

    (Logo: http://photos.prnewswire.com/prnh/20121105/NY06276LOGO )

    Australia’s Federal Court yesterday found against Standard & Poor’s (S&P) and investment bank ABN AMRO (now Royal Bank of Scotland) in a claim brought by a handful of local government authorities that lost more than $30 million in complex securities that turned to junk when the housing market crashed.

    The claim against S&P and ABN AMRO was backed by Australia’s largest litigation funder IMF (Australia), parent company of US-based funder Bentham Capita

    Read more here: http://www.heraldonline.com/2012/11/05/4390072/imf-australia-plaintiffs-win-against.html#storylink=cpy

  87. Article 4 protects the maker against fraud & forgery as well…

  88. Article 4 protects the maker from IMPOSTERS….

  89. Has anyone else noticed that Jeff Barnes never gives case # or any way to verify that which he takes credit for? Why not? He posts on his website an unsuccessful motion he made in my case after taking $9000. When the judge denied the motion his only advice was to get a storage locker and move out. That was 4 years ago…I am still in possession and fighting, and frankly, I wish I had kept the 9K for my family. Caveat Emptor!

  90. DCB,

    I get the UCC9 and SEC but what I found strange is Kohrman’s conclusions that Freddie could refile. I don’t see Freddie being able to do anything at this point, especially if we follow the entire scenario as laid out by Kohrman.

  91. Yes DCB, A Big Mistake. Public Records …. Land Records …. What a Mess ……

  92. If Obama wins…….expect Anarchy….all created by the traitor politicians from within.

  93. Chris Christie, is a REPUBLICON ……

  94. Andrew Breitbart was a Democrat…

  95. @ER
    There must be more on proof of assignment—so now we know you cant be demonstrating standing as you find it—ie stake out an account and house–file an action to hold it—then go in search of a document to complete the initial intimidating picture. The state is not supposed to be in the business of issuing hunting licenses for house notes.That is what the court has stopped.

    it seems to me since timing was the issue of focus that subject matter of evidence of assignment is now the focus. What constitutes sufficient basic evidence of assignment of note?

    UCC Art 9 and SEC rules work to one degree of separateness.
    If trust A is assignee during origination filings and is the plaintiff, seemingly trust A is assignee for purposes of initial standing—-but must then be subject to the further rules of 3-301 —-and the remainder of 3 that is devoted to maker rights and protections.

    In the case of most trusts that means a statement by the custodial trustee big-bank the physical note was received and handled in conformity with with the PSA.. This should end up describing the traffic of that note until it ended up on their attorney’s desk en route to homeowner. Ie custodian should be able to say the note went to atty X’ office for enforcement of mortgage–this is needed to prove that the document is in fact the original–reinforced or rebutted by physical review —however, a letter is easier to prove up than an expert opinionon signatures, chemistry, the bank letter must be admissable in any coming suit on a copy of note–this is absolutely necessary to prevent a doubled up sale note from biting you–say a 2nd trust comes after you with another original

    In case of the chain of negotiations the beneficiary indenture trust bank should provide authentication on the completion of endorsement to this trust—and subsequent authority of the person who is presenting the note—the date the negotiation occurred

    If there was a schedule filed originally that met the terms of UCC 9—then that will control the date of assignment if directly to the trust acting as plaintiff. If there was no schedule then the date of assignment must be determined by negotiation of the original note.

    Most often the negotiation signatures are undated. Thus the person who is employer [indenture trustee] must field a statement by its records manager—this document that came from custodian trustee bank was negotiated by stamp and sign dept on ____—

    so lets say a case was filed and as in the minority of trusts–no schedule meeting definition of assignment was made on a date certain–and which is provable by the current parties—because it was not filed with SEC or UCC –not a public record useful as evidence–big mistake not filing—-

    that forces the inquiry into assignment into art 3—all that tedious stamping and signing—if the case got messy and the defendant denied and answered—-what if the note was always prepared only if needed—-because its out of date to give makers back their notes and its a rarity—???? is the original filing void–?

    what say enraged?

  96. ToLLe, DCB and others,

    I got an e-mail answer from Danielle at LL. Let’s see what’s being done…

  97. If the Democrats in Illinois vote against the popular conservative republican vote….THEY ARE TRAITORS & IMPOSTERS & THEY ARE ALL GETTING THROWN OUT BY THE PEOPLE NEXT ELECTION…..! I know for a fact NO ONE wants this 4 more years of this fraud & failure under Obama…!

  98. Make no mistake…..this is a decisive battle against women by the malefactor……the Democrats are using women’s moral issues…..that are none of their gd business to deceive women into voting for the microchipped mark of the beast in Obamacare…..! I reject that mark….I am voting Romney…..!

  99. The Demorats created the healthcare fraud bill to fraudulently induce complete communism…the Republicons want to capitalize on it…..however, RULE OF LAW MAKES THE MICROCHIP UNENFORCEABLE …BECAUSE WE THE PEOPLE ARE THE MAKERS OF THE MONEY HONEY…THAT IS WHY THE COMMIES WANT THE MICROCHIP TO TAKE THE POWER OF THE ISSUANCE OF THE CURRENCY OUT OF THE HANDS OF WE THE PEOPLE & FRAUDULENTLY INDUCE THEIR MICROCHIP MARK OF THE BEAST CREDIT SYSTEM OF FRAUD VIA OBAMCARE……I REJECT THE MARK OF THE BEAST…..OBAMACARE……..& I AM VOTING FOR ROMNEY & THE RULE OF LAW…

  100. THE MAKER RULES…….! GOD BLESS AMERICA….!

  101. Another good one. Boy Oh boy! It is moving fast!!!!!!

    VICTORY IN COLORADO: JUDGE DENIES APPLICATION OF JP MORGAN CHASE FOR ORDER AUTHORIZING SALE, FINDING THAT ALLONGES WERE LEGALLY INSUFFICIENT TO QUALIFY AS ENDORSEMENTS UNDER COLORADO LAW

    November 5, 2012

    In a 3-page written opinion, a Colorado District Court Judge has denied the application of JPMorgan Chase for an order authorizing the nonjudicial sale of a homeowner’s primary residence. The ruling comes after a full evidentiary hearing requested for and argued by Jeff Barnes, Esq., who represents the homeowner.

    JPM alleged that it had succeeded to the rights of the Note and Deed of Trust through two “Allonges”, neither of which was physically attached to the Note. The Allonge which was allegedly signed by the original lender did not contain any language as to “affixation” to the Note, and no evidence was presented as to the authenticity or authority of the signatures on this Allonge. The Court’s opinion cited the case law which Mr. Barnes presented to the Court at the hearing, which set forth the standard for “affixation” of an allonge to a Note.

    The Court found that JPM did not meet the standard, and also found that there was no competent evidence as to authenticity or authority of the signatures on the Allonges, noting significantly that “the statutory presumption about the authenticity for signatures does not apply”. JPM’s counsel had argued at the hearing that the Allonges were “self-authenticating” under Colorado law; Mr. Barnes argued that the statutory presumption did not apply to the Allonges, which themselves are not negotiable instruments or self-authenticating documents.

    The ruling is significant as it sets forth the requirement that there be competent evidence as to the authenticity and authority of the signatures on an allonge (which JPM’s counsel alternatively referred to in the hearing as an “endorsement”). This ruling is in line with recent case law from Florida and North Carolina which require evidence of authority and authenticity on claimed endorsements, rejecting the notion that an undated and unauthenticated “blank endorsement” suffices for admissibility purposes and purposes of showing that a foreclosing party has standing.

    The ruling is also significant as it held that when a homeowner challenges the authority of a party to foreclose in a Rule 120 proceeding that the court must consider that defense in the Rule 120 hearing, citing the Goodwin decision from the Supreme Court of Colorado which Mr. Barnes cited in his formal opposition to JPM’s Rule 120 Motion. JPM’s counsel argued that the only issues in a Rule 120 are military status and probability of default, and that the homeowner lacked standing to raise other issues. The Court, citing Goodwin, held otherwise.

    Jeff Barnes, Esq., http://www.ForeclosureDefenseNationwide.com

  102. DCB,

    Doucet (strictly foreclosure defense) has the same take on it as i do. Kohrman does corporate work and represents banks and venture capital. I’d trust Doucet any day of the week…

    http://www.dsnews.com/articles/ohio-supreme-court-issues-notable-foreclosure-ruling-2012-11-01

    The Supreme Court of Ohio ruled Wednesday that in order to file a foreclosure against a homeowner, a lender must prove standing at the time they first file. Lenders do not have a grace period to gather proof of standing between filing and judgment.

    The case, Federal Home Loan Mortgage Corp. v. Schwartzwald was brought before the Ohio Supreme Court after a lower court ruled in favor of Freddie Mac’s right to file foreclosure without proof of standing.

    Freddie Mac did not have proof of standing when it filed but acquired proof before the lower court’s ruling.

    The Schwartzwalds, who were in the process of working through a short sale with Wells Fargo at the time they received the foreclosure notice, appealed on the grounds that without proof of standing, Freddie Mac did not have grounds to sue them.

    The Ohio Supreme Court agreed that “receiving an assignment of a promissory note and mortgage from the real party of interest subsequent to the filing of action but prior to the entry of judgment does not cure a lack of standing to file a foreclosure action.”

    Thus the court reversed the court of appeals’ decision and dismissed the case.

    “This is a huge win for Ohio homeowners and was a much anticipated decision,” said defense attorney Troy Doucet of Doucet & Associates, LLC, a Columbus, Ohio-based foreclosure defense and consumer litigation law firm.

    “We will begin filing motions to dismiss in a number of our cases immediately,” Doucet added. He said the decision could affect as much as one-fourth of all foreclosure cases at Doucet & Associates.

  103. DCB,

    Just found this blurb written by Kohrman, Jackson and Krantz. The way i read it, Richman seems to confuse Freddie and Fannie. And don’t see how Freddie can refile. And by the way, I was under the impression that the case had been dismissed with prejudice.

    What say you?

    Monday, November 5, 2012
    You Got to Know When to File ‘Em (Ohio Foreclosure Actions)
    In order to invoke a court’s jurisdiction (i.e. authority to hear a case), a plaintiff must demonstrate a personal stake in the outcome of a lawsuit. This principle is also referred to as “standing”. In cases to enforce an obligation to pay mortgage debt, such as a foreclosure action, the party who owns the note (i.e. the original lender, or an assignee of the original lender) at the initiation of the action would be the party with standing to sue. With mortgages being assigned “left and right” these days, it is not always easy finding the original note, and savvy defense lawyers have been successful in getting some of these foreclosure actions dismissed.

    Knowing when to file foreclosure actions is just as important as identifying who should file. Suppose “Original Lender A” assigns a note/mortgage to “New Lender B” who assigns to “New Lender C” (and New Lender C holds the note and mortgage at the time of judgment), but New Lender C filed the foreclosure action prior to the assignment from New Lender B. Before the recent Supreme Court of Ohio case Fed. Home Loan Mtge. Corp. v. Schwartzwald, Slip Opinion No. 2012-Ohio-5017, the answer depended on which appellate district in Ohio the action was filed in.

    The facts of the Schwartzwald case are simple enough. In November 2006, Mr. and Mrs. Schwartzwald purchased a home in Xenia, Ohio and received a mortgage loan from Legacy Mortgage. Legacy then assigned the note and mortgage to Wells Fargo Bank, N.A. (as servicing agent for Federal Home Loan Mortgage Corporation (“Freddie Mac”)). In November 2008, Mr. Schwartzwald lost his job and defaulted on the mortgage loan in January of 2009. While Wells Fargo preliminarily indicated its consent to a “short sale” of the property, Freddie Mac commenced a foreclosure action on April 15, 2009.

    On May 15, 2009, Wells Fargo formally assigned the note and mortgage to Freddie Mac, and filed a copy of the same with the trial court who, upon motion for summary judgment, ordered the property foreclosed, and to be sold at sheriff sale. Freddie Mac then bought the property at the sheriff’s sale.

    Upon appeal, the Second District Court of Appeals affirmed, concluding that although Freddie Mac lacked standing at the time it commenced the foreclosure action, it cured that defect by the assignment of the mortgage and transfer of the note prior to entry of the judgment of foreclosure. The court of appeals acknowledged and certified that its decision conflicted with the First District Court of Appeals (Wells Fargo Bank, N.A. v. Byrd, 2008-Ohio-4603) and the Eighth District Court of Appeals (Wells Fargo Bank, N.A. v. Jordan, 2009-Ohio-1092). Thus, the “table was set” for Fed. Home Loan Mtge. Corp. v. Schwartzwald to be decided by the Ohio Supreme Court.

    The Ohio Supreme Court simply rejected the Second District’s finding that Freddie Mac’s initial lack of standing to sue had been remedied by the assignment of the Schwartzwald’s mortgage and promissory note from Wells Fargo to Fannie Mae after the foreclosure had been filed, and held: “Here, it is undisputed that Freddie Mac did not have standing at the time it commenced this foreclosure action, and therefore it failed to invoke the jurisdiction of the court of common pleas. Accordingly, the judgment of the court of common pleas is reversed and the case is dismissed.”

    Good news for the Schwartzwalds? Yes and no. Yes, because the case is dismissed and they get the property back. No, because nothing prevents Freddie Mac, who now is a real party in interest with standing, from filing a new foreclosure action.

  104. Obama tried to suspend the rule of law by deception and failed…I as an American citizen, refuse to reward failure by deception or any other unlawful means…

  105. ARTICLE 9 RULES..THE MAKER OF THE NOTE HOLDS ALL COPYRIGHTS..ARTICLE 4 PROTECTS THE MAKER FROM UNLAWFUL SEARCH & SEIZURE BY IMPOSTERS….

  106. I agree, DCB….
    This site needs a forum where all the info could be categorized by topic, and people can add on to each topic as more info comes in. I love this site and it has been very helpful, but the good info is sprawled across umpteen posts and I think people could get much more from this site if all the BoA stuff were posted in a thread, Chase stuff in another thread. Maybe have a section for case law from each federal circuit and state, etc. I have thought about starting such a forum myself but don’t want to undercut what Neil is doing…

  107. Google Gov Romney and Romney Care he inacted in his own state. Ok… then.

  108. Jill Stein is a VERY DECEPTIVE SOCIALIST IN SHEEPS CLOTHES..JUST LIKE ELIZABETH WARREN..SHE IS A DIED IN THE WOOL COMMUNIST…UNDER THE GUISE OF SOCIAL JUSTICE…… WE THE PEOPLE WANT NO OBAMATORIUM ON FRAUDCLOSURES…WE THE PEOPLE WILL ACCEPT NO COMMIE FASCIST FIXES FOR FRAUD….WHICH WILL BE A FLAT TAX WITH THE MICROCHIP IN OBAMACARE…WHICH IS A FRAUDULENTLY INDUCED WORLD TAX…….I WILL THEREFORE, VOTE TO EXERCISE MY RIGHT TO VOTE & I WILL DO MY BEST TO EXORCISE THESE DEMONS AND VOTE TO RESTORE THE RULE OF LAW AND SMALL BUSINESS IN AMERICA AND I WILL VOTE AGAINST BIG GOVERNMENT AND AGAINST THE MICROCHIP IN OBAMACARE AND I WILL VOTE ROMNEY….!

  109. dcb.. send to my inbox. I’m not afraid of critizism.

  110. It should come as no great surprise that the “administrators” of Hofstra Univ. had candidates Jill Stein and Cheri Honkala immediately arrested upon arrival at the school. Hofstra is and historically has been a safe-haven for the richy-rich children of New York’s Jewry, the very people that run the foreclosure divisions of the legacy banks and their sham shell companies. The idea that President Stuart Rabinowitz or Provost Herman Berliner are going to allow “outsiders” to rattle the money cage of bankster alums and their spoiled children is ludicrous. Arrest those political upstarts, chain them to a chair in a warehouse, and above all, keep them off the campus and locked up, away from the sanitized “debate”!

    I would urge all to follow my example and boycott Hofstra: no bequests, and don’t send your children there. It is a poisonous place.

  111. I am afraid to post with notification because i will receive mote than 100 nasty pointless emails that will deluge my inbox —-good work IVENT, you win.

    NG please advise as to alternative sites where professional discourse occurs but the crazies are screened out. This is a particularly important time for me and other persons who may be affected by Schwartwald and so this loss is damaging.

  112. Fraudclosures should have been the only question asked at any of the debates.

  113. how does one begin to file a claim against Rescap ?

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