California Trial Court INserts Reason Into Chaotic World of Foreclosure

Editor’s Comment: There is no question that the primary tactic of all pretender lenders in the false claims of securitization is that they should not have to prove the transactions. According to the banks they only have to bring a storybook to class that talks about the transaction. The story book consists of the original promissory note, deed of trust (mortgage) and alleged sales or transfers of the note or loan. These documents talk ABOUT the transaction in which money exchanged hands but here are no pictures showing the transaction itself — like a picture of me handing you $100 on a note you signed saying you owe me $100.

But what if you signed the note to get the loan and then I didn’t give you the loan? No money exchanged hands. The answer appears to be that I can still sue you as the holder of the note but the presumption that I am the owner of the note or that the note is evidence of the debt is rebutted by your testimony and denial of ever having received the money. So I can sue but I can’t win.

Suppose you got the real loan from someone else the same day. I could point to that transaction to show that you DID receive the money and if you didn’t know  how to handle that argument, you would end up paying off a loan you never received. Or you would point out to the Judge that the cancelled check is made out from someone else than me and that I failed to show privity or agency between me and the third party.

The problem is that in most cases, the storybook is a fairy tale. The payee never loaned the money and was a naked nominee along with MERs who was also a naked nominee, leaving no party in interest on either the note or the mortgage (deed of trust). Neither the designated “lender” nor the designated nominee holder of the security (MERS) handled, funded or accepted any money from the borrower.

The reason why the banks have gotten this far is that the illusion was complete when the money arrived at the closing table. It was assumed that the money came from the payee or secured party. It was further assumed that assignments and transfers of the loan would not have taken place unless there was proof of payment exhibited by the assignor. It never occurred to anyone that the money had not come from the originators but from an undisclosed third party whose name should have been on the note and mortgage. It never occurred to anyone, despite the clear provisions of TILA, that there was a duty to disclose to the borrower with whom he or she was dealing and how much they were making in profit or fees or other compensation out of this little loan. In some cases the profit exceeded the loan itself.

In Discovery, the principal thing you want to see is the proof of payment and proof of loss. The proof of loss is a showing that the holder actually paid money for the loan. In nearly all cases, no such transaction exists. Proof of payment is the same thing but together they require an answer to whether the trust still exists and whether the mortgage bond has since been renegotiated or sold or reconstituted into a different asset pool.

This is why most cases end in discovery. The bankers are the ones with unique access to the information you need, without which they submit a credible explanation of where the documents went, where they were last seen and to whom they were being sent. At some point, the bankers are forced to fess up that they don’t have the original note, they didn’t pay for the loan, they don’t own the loan, and thus have no right to submit a credit bid at auction. They will be forced to admit that the funding for the loan came from a third party undisclosed to Borrower and whose compensation was undisclosed to borrower, and that this was intentionally hidden from both the investor/lenders and the borrowers — for the sole purpose of collecting insurance and credit default swap money diverting it from the investors.

If the investors prove that they are entitled to the insurance and credit default swap money, then their loan balances will be correspondingly reduced with each dollar received (which they should have received in the first place). The investors’ receivable account would be correspondingly reduced which means that the receivable from borrowers would be correspondingly reduced since the creditor is not entitled to more than one payment. This in turn would have substantially reduced the principal due by borrowers, the number of “defaults”, the number of underwater borrowers and increased the number of settlements and modifications.

Further, the terms agreed to by the borrower were changed and contradicted by the conversion of the loan receivable to a bond receivable based upon indentures of a bond wherein a trust or REMIC was supposedly buying the loans.

But if you look for the actual monetary transaction between the trust and the party supposedly endorsing the note or selling the loan to the trust, the transaction in which money exchanged hands is entirely missing. No cancelled check, no wire transfer receipt, no wire transfer instructions, no ACH confirmation, no check 21 confirmation. It simply isn’t there which means that the investor money never funded the trust, and thus the trust lacked the funds to purchase the loans.

The bankers do a perfect two-step at this point. First they they ARE agents of the trust or REMIC and that is what made the transaction legal and enforceable, then they say they were NOT agents of the investors when it came to receiving insurance, credit default swaps proceeds or federal bailouts. I can find no support in the law of principal and agent that supports their position and I doubt if there is any such support.

In the case below, the bankers are essentially saying that for purposes of the discovery the claims of the borrower should be treated as a story book with no likelihood of success whereas the stories in the bankers’ comic book (i.e., the note and mortgage) should be taken seriously. The trial Court disagrees and lands squarely on its feet simply following common sense, precedent and existing rules. Discovery granted.

250068 – Taylor v. JP Morgan Chase
On 4 Dec.2012, Plaintiff served deposition notices for Deborah Brignac (hereafter “Brignac”) and Colleen Irby (hereafter “Irby”), officers of Defendant California Reconveyance Co. (hereafter “CRC”), along with a deposition notice for another person not involved in this motion, Luis Alvarado (hereafter “Alvarado”).  (Naicker Dec., ¶2, Ex.A).   Plaintiff set the depositions for 10 Jan.2013.  (Ibid.)  Defendants served objections on January 4, 2013, asking P to withdraw the deposition notices.  (Id., ¶4, Ex.B).  Defendants asserted that the depositions would cause unnecessary burden, expense, and intrusion which would outweigh the benefits of the discovery, arguing that certain of Plaintiff’s claims lacked merit, thus rendering the discovery unwarranted.  (Ibid.)  Defendants also objected on the ground that Plaintiffs had “unilaterally” served the deposition notices with a chosen date without first meeting and conferring with Defendants about acceptable dates.  (Ibid.)  Defendants move to quash the deposition notices of Brignac and Irby, or, in the alternative, to issue a protective order. Defendants argue that Brignac and Irby can have no information likely to lead to discovery of admissible evidence because Brignac only signed an assignment (the 1st Assignment) of the deed of trust (Deed) which was rescinded and Irby’s sole alleged role was to sign the subsequent assignment  (2nd Assignment), and Plaintiff’s claims regarding the conduct in which they may have been involved, are invalid.
Plaintiff opposes this motion, arguing that the deponents both possess likely relevant information because they are officers of CRC, they both signed assignments of the Deed involved in this case, so were personally involved in Plaintiff’s transactions at some point, and Plaintiff needs information on the murky transactions amongst the Defendants, about which he is otherwise unable to obtain information.
A party may serve written objections or risk waiving any problems with a deposition notice.  (Code of Civ. Proc. § 2025.410(a)).  A party may also file a motion for an order staying the deposition and quashing the deposition notice.  Code of Civ. Proc. § 2025.410.  A “deposition is stayed pending determination of motion.”  (Code of Civ. Proc. § 2025.410(c)).
A party may “promptly” seek a protective order before, during, or after a deposition.  (CCP section 2025.420).
On a motion for a protective order, the court, “for good cause shown, may make any order that justice requires to protect any party… from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.”   (Code of Civ. Proc. § 2025.420).   The burden of proof is on the party seeking the protective order to demonstrate “good cause.”  (Emerson Elec. Co. v. Sup.Ct. (1997) 16 Cal.4th 1101, 1110).
Defendants’ arguments appear to be entirely groundless.  Defendant’s argue, essentially, that P’s claims are invalid on the merits so any deposition of these witnesses would be a waste of time and thus the burdens would outweigh the benefits.  That argument is completely invalid since there is no basis for a party to argue that another party has no right to obtain evidence supporting a claim simply because the claim may fail.  The appropriate methods for raising such arguments are demurrer, which has failed, or judgment on the pleadings, or summary judgment or adjudication and Defendants present no authority indicating that this is a valid basis for avoiding deposition.   Defendants also argue that the deponents will not likely provide relevant information because Plaintiff has been able to allege nothing more than the fact that they signed two assignments of his Deed.  This is unpersuasive since, as Plaintiff argues, he is not likely to have any information of the inner workings of the Defendant corporations absent discovery.  What Plaintiff has shown, and Defendants admit, indicates that these two witnesses clearly have at least some personal involvement beyond simply beyond being potentially knowledgeable officers, and thus are to some degree percipient witnesses to some of the events at issue in this action.  Defendants also argue that the notices are improper because Plaintiff served them without first warning Defendants that he was going to notice the depositions or without first obtaining an agreed deposition date.  These arguments are not supported by authority.
Accordingly, Defendant’s motion to quash and for a protective order is denied.
 
Sanctions
Code of Civil Procedure section 2025.420(d) states that on a motion for a protective order the court “shall” impose monetary sanctions on the losing party unless that party acted with substantial justification or other circumstances make sanctions unjust.
Both parties seek monetary sanctions.  In this case, the motion lacks merit and Plaintiff’s opposition was warranted.  Plaintiff seeks sanctions of $875 for about 2.5 hours spent at $350 an hour; Defendants seek sanctions of $3,460. The court awards sanctions to Plaintiff in the amount of $875.  Defendant’s request for sanctions is denied.
About these ads

69 Responses

  1. CALIFORNIA PRO PER WINS APPEAL AGAINST JPMORGAN CHASE

  2. They told me we need to start showering once a week because the water bills are going to keep going up….and they have no control over it…

  3. The water bills are way out of line as well….$700.00 waterbills for 3 months use in the winter time….the water bills are triple what they should be….the explanation…it’s our fault….

  4. Where is all the property tax money going you dirty crooks…..? The taxes are still being assessed at the bubble prices……10 grand a year for nothing….our street are crumbling…they cut down our trees on our parkways and blamed the Asian beetle when there were no beetles….the local politicians contracted out the tree cutting to their friends and said there is no moneys to replace the trees….that tree removal has caused our summer electric bills to skyrocket.

  5. Stay in my home blog…? Like we should be begging these crooks to stay in our homes that we paid for…….? Screw Them…they have stolen $60.4 trillion from us since 2008 and 20 + million of our properties backed by $12 trillion in our initial stakeholder investment…. Time we sent TOO BIG TO FAIL IN CONGRESS, THE SENATE & BOTH HOUSES….OUR BILL FOR THEIR BIG SWINDLE & ROBBERY OF ALL OF US & LAWSUITS……. and Bill Clinton too….he got $86 million from these crooks for helping them rob us…and what did Bush & Cheney get for 9/11…? Damned crooks and traitors…scoundrels every last one of them..

  6. The traitor politicians marketed all of us without our knowledge or consent. These traitors declared We The People are their enemy and declared war on all of so the politicians and their International banking Corp could destroy US from within. Senator Dick Durbin of Illinois said frankly, the banks own the place…. The stinking dirty liar is a banker, lawyer and a cop in sheep’s clothes. They all are…Those judges sitting on the benches are the Senators, Congressmen & women and both Houses….they are all Fascists/Communists. It doesn’t matter who they blame, they are to blame for everything.

    They are all millionaires from investing in the scam they created in the backrooms of Congress with their Corporate banker buddies both foreign and domestic. They all have a contract out on us, whether it is the Vatican/Jesuits, the Saudis or the City of London, the Chinese, the Russians, GE, Haliburton, Apple, Microsoft, Mcdonalds, Disney, Blackwater it makes no difference, who they call themselves …zionists….freemasons…judges….they are all one megaconglomerate who all secretly work for and invest with the 8 largesse banking families, and they are all traitors who have a contract out on all because we are the greatest wealth creating nation on the planet. That is why they all rob, use and abuse us.

  7. ok stripes , i get that “know the enemy” just dont market the enemy.

  8. The banks need to collect those fees to pay their criminal friends in Congress, the Senate and both Houses.

  9. First the judges need to remove the facade of the black robes and the stupid gold fringed flags. They are conveying to us by these symbols that they are secretly working for a foreign power… not our Constitutional Republic.

    That is treason and it is all being implemented by the traitors in Congress, The Senate and both Houses.

    They are the bankers, the lawyers and the cops who are directing this war against We The People.

    Their judicial powers were never meant to be used to weaken the U.S. CONSTITUTION and the power of the people, only to strengthen them.

  10. off topic but i paid 5usd to get my own money out of an atm today. i moved to a credit union but needed cash fast- 5 dollars, five. the banks hold our direct deposits you gotta be a couple of grand per month average in credit to get no charges at my prior bank, they charge 10 bucks a month- figure it, all those little fees and how they add up. we pay for the previledge, umm exactly what might that previledge be- a piece of plastic- i think its time for some competition, whats that saying if you dont take care of the customer- someone else will.

  11. Black’s Law Dictionary Revealed as a Hoax…

    http://100777.com/node/189

  12. we can talk about the “elephant” and try to eat it whole, but realistically- it starts in court , one bite at a time. this mess did not happen by chance, nothing is by chance, nothing, but to right the wrongs is going to be a team effort. need a few good men/judges on our side.

  13. Citizenship is not a contract with anybody. Pledging allegiance to the flag that represents our Constitutional Republic is patriotic. The U.S. CONSTITUTION was used and abused by Traitors from within who thought they were smarter than everyone else because they had a law degree or were better educated than everyone else. That is simply not the case. They are simply traitors to the Citizenry, the Flag and the U.S. CONSTITUTION/BILL OF RIGHTS and that is why they wish to destroy it. To cover up their crimes against us.

    The traitors in CONgress, the Senate and the Houses have blamed everyone from the Pope to the Mayors and the President to the media when they are the secret bankers, the lawyers and the cops…they are the terrorists who want our freedom…and have used their formal educations to try and destroy the Greatest LEGAL Document ever written by men…The U.S.CONSTITUTION/U.S.BILL OF RIGHTS. They should all be hung.

  14. Yes, much more is corrupted. Positions, fiduciary duties, trust agreements, contracts, public servant duties, and protections.

    Trespass Unwanted, Corporeal, Life, Free, Independent, State, Alive, In Being, In Jure Proprio, Jure Divino.

  15. Citizenship is a contract. It is clearly defined in Black’s Law. It conveys jurisdiction (power of you to another) and it conveys allegiance (giving up a right in exchange for protection).

    People still pledge allegiance to a flag that can’t and won’t jump off the flag pole to protect them, yet they get sentimental when someone doesn’t want to pledge their allegiance to a flag.

    They cannot be in a contract and perform any action that goes against it. They will find a nice detention camp if they are voluntarily enrolled as submissive member of a society and want to go to war with it.

    No feet in two houses.

    Trespass Unwanted, Corporeal, Life, Free, Independent, State, Alive, In Being, In Jure Proprio, Jure Divino.

  16. There is a hell of alot more corrupted than the titles…

  17. No deborah.. i will not chill…Speaking of evil and exposing it destroys its power because evil works in secret….

  18. Titles are still corrupted. Title companies know home owners don’t have clear title and homeowners insurance is being denied for certain foreclosures. Liability falls on the people who thought they had a good deal.

    I wonder how they will settle with the people who’s home was stolen without upkeep and eventually bulldozed.

    I also wonder if that IRS information that if the bank’s normal business is not as a home reseller then they can’t foreclose, sell the home as is and keep all the proceeds from the sale. They have to give what they are not owed to them to the homeowner.

    Trespass Unwanted, Corporeal, Life, Free, Independent, State, Alive, In Being, In Jure Proprio, Jure Divino.

  19. Please listen to and share the video below that I posted at 2:13 p.m. about 9/11 and know this war against us is all being carried out by the Congressmen and women, the Senators and House of Representatives who get lifetime terms in office and direct these secret banker corporate war crimes against We The People and our Constitutional Republic. They blame the Monarchs of Europe and they are all in on it.

  20. E Tolle,
    What you see is the Creator within me speaking.

    If One were to think of it as a parable, then for those it is given to read and understand. For others it will not make sense, for it would trespass on their current path and their right to not know.

    You may label it as you see fit, and I will accept that you label it that way..

    Trespass Unwanted, Corporeal, Life, Free, Independent, State, Alive, In Being, In Jure Proprio, Jure Divino.

  21. stripes please chill a bit- this stuff did not happen overnight we know ok, we know- but the one thing they that “they” do not appear to get is mind body spririt part- MIND- the energy of mind goes into a medium “they” dont get, we the people must get there, the paradigm shift, collective mind must be in truth “BE STILL AND KNOW I AM GOD” get quiet women/dude whoever you are, be still and know. speaking of evil gives it power, speak of good of the good results in court, speak of the law, and why we need it. focus on what is good and the evil stuff will suffocate. just my peace offering, when fear strkes, i push it out as fast as i can with mind, im not in denial, i want to say “i was there and i saw and i conquered” and i know a miracle is needed , but they happen if you think about it, what ye think so shall ye be. its all mind.

  22. So now we know whenever there is an act of fraud or terror against us it is coming from the traitors in the Congress, Senate an both houses…..forget the stupid mayors and low level crooks….all of the crooks are on capital hill and in the state capitals and state houses… they are the directors of all of the crimes against We The People & our Constitutional Republic….

  23. That’s right….it’s the traitors in Congress, both Houses and the Senate who have declared a Secret Banker Corp War on the American People….they are blaming Obama for abusing his power and of course, it was these crooks and sheisters all along…..secretly working for the bank owners….both Foreign & Domestic…..Obama, Bernanke & the Fake Head of the U.S. Treasury are all working for the Traitors in Congress, the Senate & both Houses…..Everything is an Inside Job….it doesn’t matter if Obama is from Kenya or not….he is being directed by the traitors from within.

  24. Extra..Extra…read all about what these traitors have done all under the guise of a fake war on terror & the fraudulently induced debt of the bank owners…The War Powers Act of 1973…. 50 U.S.C. S. 1541-1548, 1973… http://cwx.prenhall.com/bookbind/pubbooks/dye4/medialib/docs/warpower.htm

  25. I will tell you why there has been no open Declaration of War against US…..they are using the Secret War Powers Act to hide their War Crimes against all of US…..That is so these Corporate sheisters can keep on ransacking the Treasury and building a giant fortress against us with our stolen wealth and property all on the QT….then they will turn around one day when they have stolen it all from us and say we own everything and we own all of you… OH HELL NO THEY DON’T …!

  26. Where is the open declaration of war by the bank owners….? What is the big secret ….? 9/11 was a declaration of war on We The People and our Constitutional Republic by the Bank owners Corp both Foreign and Domestic and Bush called it a War on Terror instead of a war on We The People…..? Stinking cowards and traitors that’s all these politicians and media are. Sneaky, deceptive dictators who pretend to be our leaders…Oh Hell No…

  27. Stopa should just tell the court, We The People are boycotting the court rooms until the military war tribunal flag gets removed from the courtrooms……it is Unconstitutional and Illegal.

  28. It has now become almost comical how ridiculous the bank owners scheme has become ….. they rip all of their perps … from Obama on down the line yet, there have been no criminal prosecutions to date and the bank owners put Obama in for another term. I have even heard there is a campaign under way to get him a third term…..!

    Of course it is the same old pot calling the kettle black routine by the bank owner Corp who are as unconstitutional and illegal as their quadrillion dollars in soured debt they have been trying to cram down our throats for the past 5+ years … They have tried to pin the blame on everyone but themselves and are simply running out of people to blame and their perps are running out of excuses to make.

    They put a 76 year old pope in the hot seat who the media are calling the New World Pope…he seems incapable of leading an organized trip to the men’s room let alone a New World Order. The crooks aren’t fooling anyone anymore.

  29. Everyone should google search HAARP….. Chemtrails and GMOs are of course, only pieces of the puzzle that cover up the first place issue…..HAARP…..yes, it’s true these maniac bank owners manufacture the weather conditions and can create weather disaster too….! Like Frankenstorm Sandy and Winter Storm Saturn, these events were all lab created…. These psychpaths have the best control mechanisms that our money can buy…! They can even clone humans but they swear they can’t cure most diseases that are in fact, highly curable…! Yes it is all the result of the traitor politicians who hand these psychopaths our wealth & Labor to destroy all of us with… They are all inbred sadomasochists and we keep working for them and handing them our wealth like good slaves… The jeepers creepers part of it all is..they can all clone themselves! Yikes…just like the notes & mortgages they never want to die…!

  30. Yeah jamers knows if he goes down…de Rothschilds & all of their mentally deranged, eccentric, egotistical criminal friends are going to the gallows too…they are all naked emperor’s now. That’s what happens when you throw $12 million dollars worth of paid U.S. properties in front of the rabid wolves on Wall Street….they devour everything in sight.

  31. christine your “stopa” post, my god no chi. its awful. my case hsbc is pulling a long shot : not a party to the appeal and Court of appeals doesnt have jurisdiction, a bit different but not really- like they make the rules and court does a “yes sir” i think not. yeah stopas a tad, miffed, so am i. but i dont count im pro se- not for want of trying to get an attorney , a good one that is.

  32. OMG …Why would anyone dare be philosophical on an open forum…? That might just make people look beyond the massive mortgage fraud that is being covered up like a naked dead emperor……and make people think…out loud…if they could stoop this low…..maybe nothing they told us to believe is true…! Maybe everything IS A BIG FAT LIE & A BIG FAT FRAUD…SMDH….shaking my damned head…

  33. Geo-engineering is THE MOST important destroyer of earth. This is from serious research by scientists. “Every precipitation is manmade because temperatures have increased by 50 degrees in some parts of the world. We back ourselves into a corner. Etc. Etc. Anomalous snow staying frozen long after it should have melted, Strange materiala in it. Total desperation trying to cover up how much has been caused. Trying to “nuke” the atmosphere, etc.”

    Listen. Sobering.

    Published on Feb 8, 2013

    Film Presented by John Massaria. The audio is part of a teleconference call between Russ Tanner (Global Skywatch) and Dane Wigington (WIWATS/Activist) These calls happen every Monday at 7 : 30 central time and can be accessed through Russ’ fb page. Please join us!
    Scientific Research explaining why they are spraying the sky’s around the world. Learn and more importantly do something about the Chem trails being sprayed. Learn the details here in this short film. UN Environment Programme: 200 Species Extinct Every Day, Unlike Anything Since Dinosaurs Disappeared 65 Million Years Ago. According to the UN Environment Programme, the Earth is in the midst of a mass extinction of life. Scientists estimate that 150-200 species of plant, insect, bird and mammal become extinct every 24 hours. This is nearly 1,000 times the “natural” or “background” rate and, say many biologists, is greater than anything the world has experienced since the vanishing of the dinosaurs nearly 65m years ago.

    many people (dis-informed people) were saying they don’t seed or spray the sky’s, and well… all I have to do is look up or look at the documents I have to show these are plain ignorant to facts and data. Maybe they are in denial.

    “The Images in this video show jets airliners and equipment used for jets airliners. No implied meaning other than “airliner” equipment is intended. For example: the tanks shown in this video represent “water” tanks and may or may not contain any other known chemical other than water. Any images shown in this video are part of the public domain available on the world wide web, and constitute no other rights implied or suggested. This video is for intended for learning purposes and may contain facts unaware to the general public.

  34. IMHO…they are not going to collapse their currency. I believe this was not a drill but, they underestimated US, and never thought they would meet such strong resistance to totalitarianism. They really have no way to force acceptance of their fraud in the U.S.A. barring a complete foreign military intervention on U.S. soil and they failed to disarm US as planned. The American people are never going to give up their Legal Rights to these bankster crooks.

  35. Stopa is a tad… shall we say… miffed? And rightfully so, I might add. Long post. You’ll need to click on his link.

    http://www.stayinmyhome.com/blog/

    Is a Foreclosure Plaintiff “likely” to prevail merely by filing suit?

    Posted on March 13th, 2013 by Mark Stopa

    The foreclosure world is abuzz this week on the heels of Friday’s decision from Florida’s Second District Court of Appeal in Deutsche Bank Nat’l Trust Co. v. Prevratil, where the Second District ruled that Deutsche Bank could satisfy its obligation to verify the foreclosure complaint under Fla.R.Civ.P. 1.110(b) by having its servicer and attorney-in-fact, Select Portfolio Services, sign the verification. While some (plaintiffs’ attorneys) would argue this decision clarifies the question of who can verify a foreclosure complaint, I think the decision poses more questions than it answers.

    For instance, the Second District explains at length that SPS was authorized to verify for Deutsche Bank because a written Power of Attorney from Deutsche Bank, which POA was filed in the case, authorized such. For me, that just begs the question – can an attorney-in-fact verify for the Plaintiff under Rule 1.110(b) only when the power of attorney is filed? The Prevratil decision does not answer that question. Likewise, the Second District does not explain whether a servicer could verify outside the confines of an attorney-in-fact relationship. Suffice it to say that until these questions are answered on the appellate court level, the arguments will continue in lower courts throughout Florida.

    These issues aside, what really struck me about the Prevratil decision was one sentence:

    If Deutsche Bank filed the Amended Complaint as directed by the trial court, it likely would obtain a foreclosure judgment.

    Think about that sentence for a minute. And look at the opinion. Do you notice how that statement is unsupported by any legal citations or facts? Yes, incredibly, the Second District has concluded a foreclosure plaintiff is “likely” to prevail merely by filing a lawsuit. No factual explanation. No legal citations. Just “likely” to win.

    With all due respect, can you imagine this type of statement in any other context? How about a criminal case … can you imagine a criminal court ever saying a defendant on trial for murder is “likely” to be convicted merely because he/she was charged? Or that a personal injury plaintiff is “likely” to win at trial merely because he/she filed suit?

  36. TU, I just don’t get your drift. I mean, I’ve been a student of Sanskrit for years, but don’t feel the need to intermix my thoughts in that vein, or philosophy in general into this mix on LL. I’ve always appreciated your insights into the fraud that you’ve been subjected to, and your feelings and actions surrounding that. I’ve just always been a bit bewildered and even bemused by the pocus that impales your comments. Why the need to philosophize on an open forum? Aren’t those feelings best savored in private, like say…in a lotus posture or a confession booth, whatever be one’s slant? I mean, I know and love a Sufi Dervish, but don’t care to bring up all that that entails in a conversation about assignment fraud. Why do you?

    What gives?

  37. Yes,
    Massive fraud, deceptive practices, thievery, terrorism, and conversions

    I’m waiting to see what happens at the end of March as I read the post here and the article where the banks were to review the thefts and pay the dispossessed. It should have been some settlement plus equity and the legal definition of equity does not seem to be something they would favor and I like anything the people who robbed us do not favor right now. It would be ridiculous to think it would solve any problems. The settlement side that would be monetary would have to be in lawful money as the fiat system is collapsing. As the DOW rises the closer we get to the burst of that bubble. It’s a game of chicken until one day no one is purchasing not even a computer program, yet everyone wants to get out while the getting is good.

    That settlement if I read the information correctly was supposed to be from someone within the Treasury, and that meant something. Also seeing the IRS delays in refunds is serving as some clue, and the sequestration that was supposed to really be a problem for the corporations has proved to be a non-issue except for those identity thieving businesses who had their hands in the wrong cookie jar.

    Lots going on, and my comment was two posts ago but I didn’t want to respond it there. These are exciting times.

    Trespass Unwanted, Corporeal, Life, Free, Independent, State, Alive, In Being, In Jure Proprio, Jure Divino

  38. I don’t know exactly where you are coming from tresspass….All I see is massive criminal fraud committed behind our backs with our unauthorized autographs …. I care about everyone harmed by these crooks and I believe the right thing to do is for everyone to be substantially compensated with clear titles to all. No one is more entitled than anyone else.

  39. My message about Stripes was clear.
    If One tried to read more than what was written, I accept their interpretation as their own.

    I don’t care who does what to whom, and who cares to respond, and how they feel emotionally about it.

    I see the entire transaction.
    I see the offer, acceptance, and consideration.
    I see the written contracts.

    If One doesn’t see what is shown to them, they have eyes and just don’t see.

    It is not my energy being harnessed by what Stripes or anyone on the blog chooses to do, and I have remained ‘nonjudgmental’ throughout the process. I can handle any judgement without accepting it personally.

    The common factor now is we are all here, and we are interacting with each other and that interaction is having a direct affect on our soul.

    If we are on our path with this soul contract, then there is nothing else to discuss.

    I’m no fish and If anyone catches me without my consent, they definitely release me when they realize what they’ve done.

    Trespass Unwanted, Corporeal, Life, free, Independent, State, Conscience, Alive, In Being, In Jure Proprio, Jure Divino

  40. And Dave Dayen does a great job wrapping up a new analysis of JPMC written by Wall Streeter Josh Rosner. Here’s a start.

    It’s hard to summarize all of the documented instances in this report of JPM has been breaking the law, but here’s my best shot. I try to keep up on these matters, and yet some of these I’m learning about for the first time:

    Bank Secrecy Act violations;
    Money laundering for drug cartels;
    Violations of sanction orders against Cuba, Iran, Sudan, and former Liberian strongman Charles Taylor;
    Violations related to the Vatican Bank scandal (get on this, Pope Francis!);
    Violations of the Commodities Exchange Act;
    Failure to segregate customer funds (including one CFTC case where the bank failed to segregate $725 million of its own money from a $9.6 billion account) in the US and UK;
    Knowingly executing fictitious trades where the customer, with full knowledge of the bank, was on both sides of the deal;
    Various SEC enforcement actions for misrepresentations of CDOs and mortgage-backed securities;
    The AG settlement on foreclosure fraud;
    The OCC settlement on foreclosure fraud;
    Violations of the Servicemembers Civil Relief Act;
    Illegal flood insurance commissions;
    Fraudulent sale of unregistered securities;
    Auto-finance ripoffs;
    Illegal increases of overdraft penalties;
    Violations of federal ERISA laws as well as those of the state of New York;
    Municipal bond market manipulations and acts of bid-rigging, including violations of the Sherman Anti-Trust Act;
    Filing of unverified affidavits for credit card debt collections (“as a result of internal control failures that sound eerily similar to the industry’s mortgage servicing failures and foreclosure abuses”);
    Energy market manipulation that triggered FERC lawsuits;
    “Artificial market making” at Japanese affiliates;
    Shifting trading losses on a currency trade to a customer account;
    Fraudulent sales of derivatives to the city of Milan, Italy;
    Obstruction of justice (including refusing the release of documents in the Bernie Madoff case as well as the case of Peregrine Financial).

    And, exhale.

    Sink the HMS Chase, along with Captain Dimon

  41. [...] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage Tagged: credit de fault swaps, discovery, insurance, naked nominee, TILA disclosures Livinglies’s Weblog [...]

  42. They’ve got enough on Jamie Dimon to put him away for a very long time. But….POTUS loves him so….and how will POTUS get hundreds of million dollars in speaking fees and a library built in his name if he turns on his benefactors? His patrons?

    This article says that the top C-Suite at JPMC was….Oh lord….I can’t bring myself to type it….it’s almost unbearable what they said about Dimon et al…..they were….uhm… “faulted” ….for hiding information from the regulators and investors. Oh the humanity!

    And then there’s the severe action only undertaken when the regulators can’t think of anything else to do….they filed….oh no….cease and desist orders! Yeah, we know how well those things work. Does anyone even remember anything coming from those filed a few years back? What’s that….the sound of….crickets?

    But then, just when all hope was lost, the OCC steeled up, grew a pair, and…. “the comptroller escalated the agency’s response and ordered a two-pronged review into the bank’s actions…..” Say it isn’t so! Now again, we know just how well those review things work out now don’t we? If history repeats, Chase set up an abandoned building, staffed it with…uh….its own staff….and then gave themselves a passing grade!

    It’s so past time to toss the rat-bastards into Renfield’s prison. Let them eat flies for life.

    Jamie Dimon Lifts His Middle Finger To All Of America

  43. Great interview about the banker war on We The People … Behind 9/11: Susan Lindhauer & Phillip Marshall

  44. Many companies have gone belly up. Among them, realtors, lenders, JDBs, etc. And a few banks. In fact, 388 since 2006.

  45. I was just wondering if anyone has checked the MERS members list lately. Maybe its my bad eye sight, I dunno. But is appears to have Shrank in Size Considerably.

  46. At the Core of MERS, you will find LPS, the Pretender “Lenders Pooper Scooper”! The New Sign reads ….. “Out of Order” Meaning FOS (full of shit), clogged up.

  47. Christine, I agree with you MERS has to Go! I got tired of swatting at so many flies. You can about guarentee where there are multiple flies …. there is a pile or two of bs close by.

  48. This is recent: 1/24/13. That guy makes incredible sense.

    Get far away from USA…its collapse will be messy: Jeff Berwick

  49. TAUNTON —

    The Bristol County Board of Commissioners received an update on the county’s lawsuit against a national financial services company over registry of deeds recording fees.

    The Bristol County Board of Commissioners received an update on the county’s lawsuit filed against the Mortgage Electronic Registration Systems from the county’s lawyer. The commissioners discussed the update from attorney Robert Naumes during Tuesday’s meeting at the Superior Courthouse in Taunton.

    Naumes told the Board of Commissioners that the case against MERS, originally filed last March in Suffolk Superior Court in concert with the Norfolk and Plymouth county governments, was ordered by a judge to be moved back from a federal court to the state court. Naumes said that this means that the county’s law team will be able to start working on the case.

    “The court just allowed our motion to bring the case back to the state court,” said a letter from Naumes, read by County Administrator Jaye Cioper. “We originally filed in Superior Court and it was moved to federal court. The stay will also now be lifted and we can finally get to work. I will keep you informed on any other developments.”

    Commissioner John Mitchell said that this was good news for the county. The county government hopes to recollect hundreds of thousands of dollars in recording fees that it claims were skirted when MERS allegedly created a gap in the chain of mortgage assignments for property in the county using artificial and unlawful methods.

    “The biggest thing is this will get it going,” Mitchell said. “Now that it’s back in state court, the lawyers can start doing the work on it. … The defendants had it removed to federal court. It was just a delaying tactic. I assume they wanted it in federal court, in the sense it is further removed from the state system.”

    Mitchell speculated that the defendant originally wanted it in federal court because there is a perception that state judges have a “slant” in favor of local governments in their state. “It’s a state issue,” Mitchell said. “State judges may just have simply more knowledge of the state recording system. For whatever purpose, they didn’t get it in federal court. Our lawyers wanted it in state court.”

    Read more: http://www.tauntongazette.com/news/x766879972/Bristol-County-Commissioners-get-update-on-recording-fee-lawsuit#ixzz2NXq4GRRL

  50. The truth is, the Legal assignment is the security….it has one trust and one trustee per mortgage and note and prevents multiple claims from being brought on one property. That is why the Issuer Defaulted….and destroyed the contracts and the notes. There was not enough money in it for the crooks to secure each and every mortgage & note. Multiple banks could pass around & swap their Securities Frauds and make GAZILLIONS instead of trillions.

  51. The IRS taxes are voluntary.

    It has been pleaded in court and some people have won. I don’t intend to support Congress and government when I, myself, must slave away to eke out a living.

    http://www.save-a-patriot.org/files/view/long.html

  52. MERS was used for money laundering and racketeering by the banksters and is a big fat criminal operation all bank owned and operated. They can’t run and they can’t hide from it.

  53. [...] California Trial Court INserts Reason Into Chaotic World of Foreclosure (livinglies.wordpress.com) [...]

  54. And guest,

    To top it off, because the land records are in MERS (created to replace the actual paper records registered in the counties, you know, to “save” money to the banks), anyone becoming involved in a MERS record finds himself in it up to his eyeballs. As an example, if I click on MERS my address, all the previous loans appear UNDER MY NAME AND SS NUMBER because, at some point in time, I became the owner of the plot. The whole damn historic becomes my liability.

    You understand why i don’t want MERS on the cabin if i settle with JDB? Because if I don’t remove any trace of MERS on it, anyone in the future can claim anything regardless of any settlement with JDB (a member of MERS, by the way)!

  55. There was no Notice of Default by the Issuer of the Original Bill of Credit ever sent to me telling me they destroyed their contracts at the Origination.

  56. The truth is ….. the original notes and mortgages were altered and destroyed and that is why they do not exist…..this crime is apparent on the faces of the copies of the altered, redacted originals. The originals are a nullity because they are in fact, massive securities frauds as evidenced by the fact, that no security agreements exist….

  57. MERS, guest.

    MERS follows the house. Not the alleged loan. MERS is the computerized recording system and if its members do not enter the proper data, the system will show unpaid alleged loans ad vitam eternam. And… since the members base their claims of owed money on the MERS system, so long as the data is not accurate, anyone with MERS on his house is wide open for any bank claiming money owed.

    It is an absolute disaster. Banks do not have to show money having passed from hand to hand (which it didn’t)./ All they have to show is that, according to MERS, they were transferred an alleged loan a while back and… homeowner has never sent them money. Therefore, time to foreclose… even if homeowner never had a loan or paid it long, long ago. Even if homeowners is killed by the lawsuit and croaks in the courtroom.

  58. @ All

    “Editor’s Comment: There is an old expression that says “At the end of the day, everybody knows everything.”

    Ponder….

  59. Nabdulla …. the answer to your querie is…..Speaking the truth and exposing the criminal frauds have unfortunately become revolutionary acts in the land of the free and the home of the brave….That does not make it right to be a coward and ignore the crimes and become a criminal yourself to protect the criminals.

  60. Do you have a Due on Sale Clause in your Note or Mortgage. If I sold a home .. my lender/rpii/funder would enforce the Due on Sale Clause. Right? Unless he didnt know ….

  61. In Christines case (I believe) when she purchased the home with a new loan … her lender did not payoff the existing mortgage by the previous borrower and there is no satisfaction of mortgage filed for the previous borrowers loan. How the heck they got both mortgages in her name .. I do not know. That is a first for me.

  62. Carie, Yes.. there was Funding. It was just funded by a party unknown to the borrower. On the refis.. the only thing funded were the fees and cash back to borrower. They never paid off the original lender/funder/invester in the original transaction. Hence …. two notes now exist.

  63. “…But what if you signed the note to get the loan and then I didn’t give you the loan? No money exchanged hands.”

    That’s right, Neil…no funding…just collection rights…securitization of borrower’s payments…it’s called a ponzi…remember Enron?

  64. What California really needs is an initiative to pass that states if attorney fees are cited in the statute, either a winning pro se is entitled to the fees requested from losing attorney, or the attorney is entitled to the fees requested by the pro se. The focus should be the pleading and its effect, not the dues paid to the state bar association.

  65. @ stripes

    “stripes, on March 13, 2013 at 6:35 pm said:
    Nabdulla…..why is that an excuse for Obama, the politicians and law enforcement to do nothing but keep secretly aiding and abetting the criminals…..?”

    You ever been shot before? Or, even worse, a family member or loved one killed because of something that YOU DID to someone else ??

  66. Let think about this screw up system where as with Washington Mutual they placed these loans in pool and draw advances then blow that money and are a bankrupt company that cannot conduct banking business and are out of banking. However now a non banking entity is in possession of the Notes but not a way to sell the alleged underlying collecteral for the pool/securities.

    Even this the bank did fund their own loans but a few days later the loan were pooled and as securities, and they turned right around and drew the advances, it as if the lender never had anything invested and the system was never set up were the lender actually never used money they would have had to many these loan, and the investor such as the Federal Reserve Bank are guaranteed at least a 100% return of their principal investment, instead of having the risk of purchasing home mortgage loans.

    Now it come down to 800,000 government insured loans that cannot address the concerns of their loan because the deliberated plan of keeping from them discussing what was going on with their loans.

    Ginnie has no ground here to claim these loans and the servicers in Wells Fargo should have know the deal because of how many government loans it originates. How when dealing with foreclosing does Wells Fargo tell the borrowers that their loan is an investor loan and not tell the borrower who the investor is so that a discussion can take place, while the investor who is not actually Ginnie Mae who is only the “insuer” and the Federal Reserve Bank is more than likely the purchased of the Mortgage Backed Securities and is the
    Investor!

    Neither Ginnie or Federal Reserve are home mortgage lender and have extended money loan to home owners and have not purchase the debt of the Notes. As far as Ginnie Mae MBS it a wrap, as you might as well put a fork in them, because it over even it they have not acknowledge it yet. Not a single bit of proof to a purchase of mortgage loan debt ever!

  67. I have an email from my loan originator K.P.G. that says YES the loan was presold, they also gave me paperwork that shows JP preapproved all aspects of the loan, prior to my closing, to assure it meet JP’s requirements. The loan was preapproved by JP on Feb 18, 2006. We closed the loan on March 16, 2006 for $380,000. The loan was sold to JP on march 16, 2006 for $393,000.

    Does anyone know if this is good news to me or not a big deal?

  68. so can we send them a picture of handcuffs used to be called black letter law, the law and the rule of, as in justice, no prosecutions makes a mockery of the system, very dangerous.
    I think about what it took over hundreds of years to have a legal system to protect the innocent,

  69. That is one of the biggest problems: banks still try to impose on courts how they want the rigged game to be played. And gutless judges have played along too many times to count. This is a nice development when courts finally start upholding the law but cases are still few and far between, although I see progress…

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 3,471 other followers

%d bloggers like this: