Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures, Evictions

The whole thing is unraveling just we predicted 18 months ago. The largest transfer of wealth in world history is starting. The question is who is going to be behind the curve and who is going to be ahead of it?

We are getting daily reports of many cases in which cases that have gone as far as a writ of possession being completely reversed, putting the homeowner not only in possession of the house, but free from the threat of foreclosure. In many cases we are seeing quiet title actions being granted. They won’t be publicized until after the time for appeal has run. It would seem that the foreclosing parties are not likely to appeal because the result, if negative, will apply not only to the case they appealed but to all their cases, past, present and future. The cases differ in procedural and substantive facts, so don’t be thinking that there is a single magic wand to waive over all the cases at one time. The Federal government programs won’t provide any relief for the majority of people injured by the predatory and fraudulent financial, securities and lending practices sponsored by the Wall Street barbarians.

The tide is turning. Dozens of Judges in courts of all jurisdictions are questioning the right of MERS, servicers or other “nominees” to even be present in court much less initiate the foreclosure action. It is basic black letter law that you can’t’ go to court and ask for relief unless you are the person who was injured. No matter how they mince the words, the only parties with any potential to apply for relief in non-judicial or judicial states are the investors. ALL the rest of the would-be foreclosers and parties who actually foreclosed are impostors seeking to get around due process requirements by invoking non-judicial procedure or by outright lying in judicial actions. In a securitized loan situation non-judicial procedure is unavailable and improper. Invoking it doesn’t make it right. It should be challenged from the start. every non-judicial state has a judicial procedure as well. ALL these cases can ONLY be processed by satisfying the requirements of pleading, notice and hearing on the merits at which real witnesses with personal knowledge must account for the securitized transaction from one end to the other.

Many homeowners are now considering filing damage actions for abuse of process and lawyers are getting the point. Several actions have shown the inherent conflict between the apparent authority of the Trustee on the Deed of trust, the trustee of the pooled assets and the trustee for the holders of mortgage backed securities. Similar conflict exists between MERS, the “depositor” (custodian of the alleged mortgages and notes that were securitized), the Trustees, and the certificate holders (investors).

42 Responses

  1. anyone, i need help re: assignment of mortgage
    Kimberly Dawson signed under MERS
    MERS NOMINEE FOR COUNTRYWIDE ON BEHALF OF US BANK
    NOTARY PUBLIC MARY CHAVARRIA
    IS ANY ONE KNOWS ABOUT THIS ROBO SIGNER
    IM IN DCA, I NEED TO PROOF THE COURT THERE IS FALSIFYING DOCUMENT…. OR CALL ME 904-993-3822.. JACKSONVILLE, FL

  2. […] » Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures,Evictions […]

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  4. One more thing. My hotmail account crashed for the second time in two months. I am done with hotmail.

    I have tried my best to correspond with everyone who has sent me emails, but it has been slow and arduous and I may have missed some people. If I have not responded to you, please email me at my new address:

    davidgmillsatty@gmail.com

  5. One more interesting thing on the issue of standing. I argued at the hearing that the Defendants do not have standing to assert the rights of the owner(s) of my notes. That the right to asset these defenses rests solely with the owner(s) of my notes. Those arguments were in my response to their motion to dismiss.

    But at the hearing I added a twist. That the Defendants were impersonators and impostors. They were acting as if they had the rights of the note holders when they did not.

    That disturbed defense counsel to say the least.

    But of course it is true.

  6. Update: On October 28, 2009, the judge dismissed my case. So I am making preparations for appeal. The judge decided my case was not ripe which means that he thought maybe I needed to have defaulted and was being foreclosed upon before I had a real “Injury.” Apparently, having a cloud on your title created by an unenforceable (lost) note is not sufficient harm. I don’t think he gets it yet and perhaps has some cognitive dissonance and just can’t believe this is all true.

    I think he also thinks I am just trying to skip out on my mortgage. I think he still thinks I am a bad guy.

    I am sure he is ignoring the law. But I could tell by his face that he was genuinely concerned by all of this. He listened intently.

    During the hearing, opposing counsel, who wants to make me out as someone trying to game the system, made a serious mistake. She told the judge that all I had to do to confirm that Fannie Mae held my mortgage was go to Fannie Mae’s website and look up my loan. Well after the hearing I did, and Fannie Mae’s website clearly shows that Fannie Mae does not own my loan as my original lender, now servicer, has been telling the judge. OOPS! It took me all of five minutes to find out.

    So Friday October 30, I filed a motion with the court to make payments into the registry of the court pending appeal and as part of my grounds I will be attaching a screen shot of the Fannie Mae web page which shows that Fannie Mae does not own my loan. Putting funds into the registry of the court is something a party, who owes money, but does not know who he owes, is something the courts commonly do. I will get to point out once again nobody knows who I actually owe and it would certainly be unjust to continue paying someone who can’t prove that I owe who they claim I owe.

    So we will have a hearing on that next Friday It is uncommon to allow this though when you have lost at the trial level so I don’t expect the judge to allow me to do so, but he might.

    I also will be filing a motion for reconsideration, probably as soon as the judge enters the order dismissing my case which will probably be sometime next week. We just got the transcripts of the October 28 hearing on Friday the 30th and will need them for the preparation of the Order.

    The judge granted the motion to dismiss on the grounds of “ripeness.” This means he thinks I was not yet harmed. But this is very flawed. Anyone who has a lien on their property is harmed by it. A lien prevents or impedes the ability to sell the property and it prevents using the property as collateral for a loan. So he is absolutely wrong on this. The harm is real and present.

    I will also point out in my motion for reconsideration that the Defendants failed to discuss two of my causes of action and failed to prove these causes of action were not valid. These causes of action were not addressed in the Motion to Dismiss nor in the hearing so they will be new matters for consideration, not matters the judge has already considered.

    As one lawyer told me, how can a suit to quiet title not be “ripe?” If there is lien it is ripe. And how can a suit to quiet title not be a legitimate cause of action? And how can a suit concerning the enforceability of notes not be a legitimate cause of action? I will be raising all three of these issues in my motion to reconsider.

    Both of these new motions will be making a better record for appeal.

    In the meantime, we will be getting ready to go to the Court of Appeals, and after that, the Tennessee Supreme Court.

  7. David Mills in Tennessee is taking MERS, et al to task. He is NOT IN FORECLOSURE. Included here are snips from his latest Brief in the ongoing battle.

    For the FULL Case File go to: http://www.scribd.com/doc/20916919/Foreclosure-Fraud-Guide-to-Looking-up-Public-Records-for-Fraud

    David will be sending me updated case filings and I will post developments.

    In his most previous “Comment” at livinglies:

    davidgmills, on August 24th, 2009 at 1:00 pm Said:

    I am an attorney who has taken “produce the note” one step further.
    I am current on my mortgage, and actually what prompted me to take the action I am taking is that I had paid off my second mortgage but my lender refused to surrender my paid off second mortgage note. My lender also refused to prove to me that it had my first mortgage note or that it had the authority to make payment demands.

    So I decided to sue my lender.

    I decided that if the “produce the note” strategy was working for people who were in default, it would work for those who are not in default. If the bank doesn’t have the right to foreclose, it doesn’t have the right to demand payment either.

    CASE FILE HIGHLIGHTS:
    He cites most relevant and recent decisions in his brief including Nebraska, Arkansas and Kansas! The current arguments against MERS are also exemplified in his filing. If he prevails on all pleadings, “pfffffstt” goes BOTH his First and Second Mortgage.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    IN THE CHANCERY COURT OF SHELBY COUNTY TENNESSEE
    FOR THE 30TH JUDICIAL DISTRICT AT MEMPHIS
    ________________________________________________________

    DAVID G. MILLS &
    JULIA MILLS,
    Plaintiffs,
    v. No. CH-09-0662-2
    FIRST HORIZON HOME LOAN CORPORATION
    D/B/A FIRST TENNESSEE HOME LOANS &
    MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
    Defendants.
    ________________________________________________________

    FIRST AMENDED COMPLAINT TO QUIET TITLE

    DISCUSSION OF RECENT LEGAL HISTORY
    OF MISSING MORTGAGE NOTES
    AND ITS APPLICATION TO THE INSTANT CASE

    31. MERS members decided it was too costly to pay recordation fees on loans that might be flipped numerous times, so according to MERS, MERS was chosen as nominee for the lender and its assigns in these deeds of trust, for the purpose of “immobilizing the mortgage lien while transfers of the promissory notes and servicing rights could continue to occur without the expense of recordation” (MERS’ own explanation of what it does, from the reported case, Mortgage Electronic Systems, Inc. v. Nebraska Department of Banking and Finance, 704 N.W. 2d. 884, 786 (2005), a copy of which is attached hereto as Exhibit “E”.

    33. But the fact that MERS is a shell entity, means MERS never holds these notes (again citing from the reported case of Mortgage Electronic Systems, Inc. v. Nebraska Department of Banking and Finance, supra where MERS explains what it does), and means that Defendant MERS can’t legitimately claim it has lost notes that were never in its possession, and means Defendant MERS can’t legitimately file affidavits of lost notes; and therefore, numerous courts have held it lacks standing to bring a foreclosure action when it can’t produce the original note or show that it holds it. [Attached to this Amended Complaint as Exhibit “F” is a copy of Mortgage Electronic Registration System, Inc. v. Southwest Homes of Arkansas (Ark. Sup.Ct. slip opinion March 23, 2009), where the Supreme Court of Arkansas held that MERS, which claimed to be both a nominee and beneficiary, had no interest in the Deed of Trust in question, was not a beneficiary despite language in the Deed of Trust stating it was, did not possess any rights as a lender, did not hold any legal title, and was therefore not entitled to be a party to a foreclosure action where the lender, its principal, was a party].

    35. Although the instant case is not a foreclosure action, many of the same problems arise in it, as have occurred in judicial foreclosure cases of other jurisdictions, because Tennessee law requires: (1) that original notes must be kept, (2) that original notes must returned to the borrower upon payment in full, (3) that original notes must be produced when the lender or its representative has demanded payment and the borrower requests to see proof of an original note’s existence, and (4) that a lender’s representative show proof of authority to demand payment when the borrower requests the lender’s representative to do so.

    CAUSES OF ACTION AND REQUESTS FOR RELIEF

    38. Given Defendant FHHLC’s admission by its agent that it can not return Plaintiffs’ second mortgage note as required by T.C.A. § 47-3-501(b), Plaintiffs’ either demand that FHHLC prove the second mortgage note’s enforceability, as is required by T.C.A. § 47-3-309(a) for a lost or destroyed note, or return their second note payments.

    44. FHHLC, through its house counsel, has admitted in writing that FHHLC has sold Plaintiffs’ first mortgage note, but claims it still possesses the note, and still claims it has the right to make demand for payment under said note as the servicer for the holder of the note.

    45. Though Plaintiffs have made repeated demands on FHHLC to “exhibit” the first mortgage note, and to present Plaintiffs’ with reasonable evidence that FHHLC has the authority to make demands upon the Plaintiffs if it does not own the first mortgage note, both being required by T.C.A. § 47-3-501(b)(2), FHLLC continually refuses to comply with both requirements of this statute.

    46. Plaintiffs would show that because FHHLC refuses to comply with T.C.A. § 47-3-501(b)(2), Plaintiffs are entitled to the relief provided to them pursuant to T.C.A. § 47-3-501(b)(3). They therefore request that this court enter an order determining that Plaintiffs can refuse to make payment on the first mortgage note without dishonor, until such time as FHHLC exhibits the note as required by the statute and shows reasonable evidence it possesses the authority to make demand on the note owner’s behalf.

    49. Should FHHLC fail to produce the original first mortgage note for Plaintiffs’ inspection, or should FHLLC fail to meet its burden of proving the enforceability of the first mortgage note, or should it fail to meet its burden of proving it has the authority to demand payment of the Plaintiffs on said note, or should it fail to give any adequate protection the court requires, the Plaintiffs request this court issue a cease and desist order to FHLLC from further demanding payment of Plaintiffs on said note.

    52. Moreover, Plaintiffs would also show that MERS, “as nominee for FHHLC as lender” in the Plaintiffs’ first mortgage Deed of Trust, only had the rights of an agent whose principal was FHLLC. The rights to act as nominee are the rights of an agent. Plaintiffs would show that MERS’ rights to act as an agent of FHHLC were solely derived from the rights of FHHLC who was its principal. Since FHHLC no longer has any rights as a principal, because its rights of those as a lender were lost (if FHHLC’s house counsel’s representations that the note has been transferred are correct), MERS has no rights as nominee.

    53. Plaintiffs would show that since neither FHHLC nor MERS have rights of a lender and there has been no assignment of these rights, any rights given by Plaintiffs to the lender in their first mortgage Deed of Trust no longer exist.

    54. Moreover, Plaintiffs would also show that the Deed of Trust in Southwest Homes, supra, has language identical to the Plaintiffs’ first mortgage Deed of Trust stating that MERS is the beneficiary. However, just like in Southwest Homes, MERS cannot be a beneficiary of Plaintiffs’ first mortgage Deed of Trust despite the language, because MERS has never had any rights to Plaintiffs first mortgage note payments.

    55. Plaintiffs would also show that FHHLC was not named as beneficiary in Plaintiffs’ first mortgage Deed of Trust, so since neither MERS nor FHHLC is a beneficiary, there is no beneficiary of the trust.

    56. Plaintiffs would therefore show that neither FHHLC nor MERS has any interest whatsoever in Plaintiffs first mortgage Deed of Trust, either as lenders or as beneficiaries; but regardless, Plaintiffs aver that it is the Defendants who have the burden of proving they have any interest in any capacity in the first mortgage Deed of Trust.

    57. Plaintiffs would further show that when FHHLC sold Plaintiff’s first mortgage note without an assignment of the Deed of Trust at the time of the note’s sale, Plaintiffs first mortgage note became an unsecured note.

    58. Plaintiffs therefore pray for a judgment against MERS and FHHLC setting aside the first mortgage Deed of Trust and removing any cloud on Plaintiffs property due to the first mortgage Deed of Trust.

  8. I am an attorney who has taken “produce the note” one step further.

    I am current on my mortgage, and actually what prompted me to take the action I am taking is that I had paid off my second mortgage but my lender refused to surrender my paid off second mortgage note. My lender also refused to prove to me that it had my first mortgage note or that it had the authority to make payment demands.

    So I decided to sue my lender.

    I decided that if the “produce the note” strategy was working for people who were in default, it would work for those who are not in default. If the bank doesn’t have the right to foreclose, it doesn’t have the right to demand payment either.

    The Uniform Commercial Code is the homeowner’s best friend.

    UCC 3-501 requires a lender to “exhibit the note” when the lender makes demand for payment, and the borrower demands to see the note. Technically a demand for payment occurs every month, and it also occurs when a bank begins foreclosure proceedings.

    UCC 3-501 also requires a servicer to show authority to make a demand for payment, if it does not own the note, but is merely servicing it. In the event a noteholder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the noteholder or servicer complies with all laws or contract provisions.

    Also helpful is UCC 3-309. UCC 3-309 requires the lender go through certain steps to prove up a note (make it enforceable) that is lost or destroyed. This is not easy for the lender to do, if one is willing to contest everything the lender does to try to prove up the note. This proof takes witnesses, who may not be able to say what the law requires, if the witnesses are thoroughly cross-examined. (Tip: Don’t let the lender get by with self-serving affidavits; take their witnesses’ depositions). Moreover, this section requires the lender to give adequate protection in the event the lender can make the lost note enforceable. That may be difficult for a lender that is under FDIC scrutiny and whose stock is in the tank.

    I filed suit in March and so far my lender has vigorously put off answering my suit with what I believe was a meritless motion to dismiss, but has not yet produced either note, and has confirmed my unpaid note was sold to Fannie Mae. This is clearly a justiciable controversy as will be clear when I ask the court to allow me to put my future payments into the registry of the court until the note is proven up and authority to make demand is proven.

    If the bank really believed it had the evidence to compel me to pay, it would have gladly produced the note by now with proof of authority to demand payment. They have steadfastly avoided having to do this. Chances are the note is lost or destroyed.

    It gets even better. MERS is the sole beneficiary of my Deed of Trust (quite often the case for homeowners on Deeds of Trust since 2000). The Arkansas Supreme Court has just ruled in March of this year that MERS was not the beneficiary of a Deed of Trust (with language verbatim to mine) despite what the Deed of Trust said, because MERS has no interest in the note payments or in the corpus of the trust (homeowner’s obligation to pay). No beneficiary means the Deed of Trust is fatally flawed.

    More and more it is looking like I will have the lien on my home removed and I may well never have a noteholder to pay. I could even get some of my money back.

    I have a hearing before the court (I’m in Memphis, TN) on August 28. We shall see what the court does in this first hearing.

    If anyone would like a copy of my complaint, email me at davidgmillsatty@hotmail.com and I will send a pdf copy.

    I would welcome anyone wishing to post a pdf of my complaint on a prominent website for review as I don’t have a website of my own.

  9. Some people don’t realize all that’s involved except that they want those good deals on distressed properties. However, they would not want someone to gain ownership over their properties if it was not LAWFULLY confiscated through Due Process of Law. Neither should people not care if mortgage companies are using foreclosures to commit acts that could result in another S&L.

    Wells Fargo is getting away with this sort of thing –WITH THE BLESSINGS OF THE COURT SYSTEMS– here in my home State!! In fact, it appears that Wells Fargo is deliberately hiring unscrupulous foreclosure attorneys for purposes of illegally FLIPPING properties that became unlawfully foreclosed by use of mortgagees that LACK STANDING or were even defunct at the time those foreclosures proceedings were filed against those properties! Also, incredibly fraudulent Bankruptcy Court pleadings in the names of mortgagees with NO STANDING are being filed to gain Bankruptcy lifts of “automatic stays.”

    Further, Wells Fargo apparently is committing crimes WORSE THAN Bernie Madoff, as Wells Fargo has no qualms about filing falsified IRS form 1099-A for which it likely received very high tax write-offs FOR PROPERTY that was fraudulently seized and auctioned via “simulated” foreclosure sales!!

    Articles about voided foreclosures are extremely helpful and hopefully will sound an alarm because there is no doubt that Wells Fargo is doing the same thing throughout the USA. This valuable information could avert perhaps thousands of people from becoming unlawfully homeless! For irrefutable proof of what I have written about this Wells Fargo and Lehman Brothers foreclosure fraud and IRS fraud, see my website postings: *http://www.lawgrace.org/2008/08/08/my-august-8-2008-statement-to-the-louisiana-secretary-of-state-office-of-financial-institutions-concerning-wells-fargo-irs-and-mortgage-frauds-sham-foreclosures-and-judicial-collusion-and-national-app/ AND
    *http://www.lawgrace.org/2008/09/14/lehman-brothers%E2%80%99-mortgage-troubles-nationally-evidence-of-foreclosure-fraud-deception-and-conspiracy-with-wells-fargo-deceptive-judicial-filings/.

  10. still fighting need a lawyer who can vacate and appeal a foreclosure NYC

  11. Martin,

    you said David Perez, asst vice president ? let me guess, notorized by Mary Chavarria? Strange, can you please e-mail me at “tant@centurytel.net” i would love to talk to you, as he did the assignment of trust indenture from Greenpoint.

  12. Traitors :

    A person who betrays his country , a cause, or a ……trust……
    ” American Heritage Dictionary ”

    In law, treason is the crime that covers some of the more serious acts of disloyalty to one’s sovereign or nation.
    .
    Oran’s Dictionary of the Law (1983) defines treason as: “…

    [a]…citizen’s actions to help a foreign government overthrow, make war against,

    or seriously injure the [parent nation].”

    Outside legal spheres, the word “traitor” may also be used to

    describe a person who betrays (or is accused of betraying)

    their own political party, … nation….., family, friends, ethnic

    group, religion, social class, or other group to which they may

    belong.

    Likewise the term “traitor” is used in heated political discussion – typically as a slur against political dissidents,

    or against officials in power who are perceived as failing to act in the best interest of their constituents.

    In my opinion , and its obvious that many congress persons have failed to act in the best interest of their constituents.

    We have left the same politicians in office for too long. The lobbyist who have their own private agenda ….they wine and dine these Congress people to create I.O.U.’s

    The people ..the regular working class people …visit the voting booth , and vote blindly for the Democrats or the Republican candidate….

    The final result is that we sit these professional politicians in power , and they become a lobbyist & Wall Street puppet.

    The connection between our Congress and Wall Street and the Trojan horse they constructed …the protective regulation’s walls that were placed to protect and separation the business of Banks, Investors Banks , and Insurance firms … they were violated for the benefit of Wall Street .

    We have started two wars with the excuse that we are looking to capture or kill Osama Bin Laden and destroy his terrorist groups.

    The biggest terrorist group is not in some remote distant country…no….they are our own politicians living in Washington D.C. .

    They’ve betrayed our trust and sold out to the lobbyist and their Wall Street partners.

    Treason is the only word that I know ..that can describe the acts of destroying our nation’s financial structure, and bankrupting
    our wonderful country …for their own greedy benefit.

    There’s much more poverty now ….and its growing . Every family that loses their home is tranformed from a Middle Class American living the American as they say…

    They are tranferred almost over night to the Poor lower class.

    L.F.

  13. RSC: Pass the word. Send links and your thoughts to people you know — lawyers, accountants, etc.

  14. L. Fitzgerald – you are spot on. How do we get this movement started?

  15. Last night I watched Bill Moyers interview Michael Perino (author of a new book on the Pecora hearings and adviser to SEC) and Simon Johnson MIT Sloan School and co-founder of the Washington Post blog “The Hearing.”) CLICK on MY NAME to view it. Also, check out the great and thoughtful commentary that followed.

    Also on Friday night April 24th I watched Charlie Rose in “A Conversation with Bill Ackman, Andrew Ross Sorkin, and Joe Stiglitz. On this show there were some excellent suggestions on how banks can re-capitalize themselves without taxpayer funds by converting debt to equity. Convert the toxic (now “legacy” assets) to equity and watch the banks take off. Watch for a transcript at http://www.charlierose.com/schedule/.

    Allan
    BeMoved@AOL.com

  16. This bringing United First, Inc. into involuntary bankruptcy is somewhat akin to a class action suit, right? You’re helping 2,000 homeowners in one “fell swoop” with this unplanned consolidation. Hmmm, expecting some billable hours?

    How do you plan to persuade Judge Robles? My BK judge Hillman seemed to go out of his way to help pro ses, and initially appeared to be a fair judge, but in the end seemed to favor lenders, especially the one represented by the law firm that hired his former law clerk. He was deaf to my claims my second mortgage was obtained by lender fraud and that it was unenforceable for a variety of reasons.

    Hopefully Judge Robles is less biased, and will follow the law.

    Allan
    BeMoved@AOL.com

  17. Timothy,

    Is this an involuntary 7? I’m guessing from your post that United First is the debtor involved. If so I believe I could persuade some of the attorneys in our mortgage fraud group to review the cases and see if they can be amended in a way to show the allegations have merit.

    In any case please drop me a note when you get a chance at walter@hackettslaw.com We are increasingly looking as the prospect of using adversarial actions to save our clients’ homes while placing them under bankruptcy protection particularly given some of Judge Bufford’s recent rulings and the Jacobson ruling out of the Western District for Washington state.

    Take care,
    Walter Hackett, Attorney at Law

  18. As to the Roth cases this week I had approved an involuntary Bankruptcy approved by a los angeles bankruptcy judge as to United First Inc. They hold an 80% interest in over 2000 victim’s homes. I realize that the 80% was unconcionable but it may work to the victim’s advantage. I am going to try and have the court recognize the lost note, holder in due course theory, and standing issue as each lender attempts to get relief from the stay. I think this will be interesting in that all the cases are now technically consolidated before judge Robles

  19. “Walter, could you let the rest of us know what Mitch Roth is widely known for having done? ”

    Mitch Roth filed in excess of 1,000 lawsuits purportedly setting forth colorable claims for violations of, among others, TILA and RESPA. Unfortunately every lawsuit looked exactly like every other except for the dates and names. District Court Judge Real threw out a number of these suits, ordered Roth to disgorge all amounts he’d received from the clients and to pay defense costs and attorneys fees. The state bar of California took Roth’s practice over by mutual agreement. Roth had an arrangement with a company known as United First which “hired” him to represent “joint ventures” United First ostensibly formed with homeowners facing foreclosure. The homeowner would pay a monthly fee to United First which, in turn, paid Roth. I have been told but not confirmed that Roth’s wife had an ownership interest in United First.

    I actually read one of his complaints and have to say that it could have been remediated if, among other things, it included detailed, clear facts as to the actual plaintiff’s loan transaction involved rather than categorical assertions of regulatory violations.

    Regarding attorneys in Florida, April Charney has done a good job of training attorneys there and continues to do so in Florida and elsewhere. While she works for the Jacksonville Area Legal Aid office I’m sure she knows attorneys throughout Florida who do understand the legal and factual issues involved with wrongful judicial foreclosures in Florida. April has become a tremendous resource for consumer attorneys throughout the country and her exceptional knowledge and understanding of Pooling & Servicing Agreements along with related documents and entities can be a tremendous tool for ANY consumer attorney, regardless of jurisdiction, who wishes to do battle with Evil, Inc.

    The people of America have been and continue to suffer from the stranglehold of Greed’s minions. NOW is the time for us to rise up against tyranny as our founding fathers did with the only difference being the tyranny we face today is a tyranny of Greed, not located an ocean away but in virtual ivory towers in places such as Wall Street, Calabasas and Charlotte.

    Walter Hackett, Attorney at Law

  20. I’m posting this at Allan’s request and will subsequently respond to his questions online:

    ALLAN (responding to Jose, Walter and Mario) God Bless The Child (what I sent this a.m. to=2 0LivingLies but have yet to see posted)
    Thanks, Jose for those timely and valuable news updates, Mario for voicing a widely felt frustration, and Walter for making a difference in California, one push back response to a demurrer at a time.

    If only we had more Walter Hacketts in Florida! Too many lawyers down here are stuck with legal competence and knowledge dating from pre-mortgage meltdown days, and have few updated arrows in their warrior quiver. Who knew choosing the wrong lawyer to safeguard us from a peril could be as dangerous and as damaging as the peril itself?

    Yours is an interesting website, Walter. I pity the millions of homeowners across our nation who, unaware or naively trusting, are being herded into loan modification or short sales, led to a sure slaughter of their rights at the hands of the very pretend banksters =0 Aand other bad actors who brought us the mortgage meltdown. Right wing talking heads continue to push the shibboleth that errant borrowers were what brought us the mortgage meltdown.

    Walter, could you let the rest of us know what Mitch Roth is widely known for having done?

    Obama has, from the start, given us the blueprint for winning this war. We know this truth already, as it is in our bones. It=2 0is won at the cadastral level – at the grassroots, street by street, not by an administration that has to balance conflicting constituent demands (homeowners v lenders v investors v taxpayers v the viability of the banking/corporate/capitalist system v constitution v partisan interests ……).

    A leader who has to lead all of us often cannot take sides in offering broad legal remedies to reverse or stop what we see as crimes, but many see as merely civil wrongs. If that leader is also an attorney, as so many lawmakers and most, if not all, judges are, deference will likely be paid to the vaunted adversarial legal system, a system that barely rations justice in any but the most egregious cases. Those who survived Katrina did not wait for a deus ex machina to extricate them. Not all of us have, like Gideon, an Abe Fortas to prosecute our case and foster the beguiling illusion of “justice for all.”

    We’d like to see homeowners armed with as much leverage as the wired and remorseless, w ell-funded corporate giants who, brimming with impunity and vast resources, undaunted, are arrayed as adversaries against us. I, for one, would like to see more nationwide class action lawsuits certified to offset lenders’ smug knowledge that they have the inside track, an unfair advantage over most troubled homeowners. Who among us can surmount the legal system’s barriers to entry to obtain our rightful measure of justice, our day in court? How much justice can each wronged financially depleted homeowner afford? Our corporate adversaries have factored that into their calculus.

    “Justice is never a given, it is a goal; achieved only by unwavering=0 Avigilance, fidelity to truth and unflagging passion.” (W. Hackett) Indeed! The adversarial system of justice is loaded against the individual, and most certainly the individual without means to get in the door. God bless the child who’s got his own. May God bless each David with a slingshot that finds its mark on Goliath. May the Davids of the nation find a way to collectively prevail against the corporate Goliath.

    I am reminded of the Steve Miller song, “God Bless The Child”

    Them that’s got shall get
    Them that’s not shall lose
    So the Bible says
    And it still is news
    Your mama may have
    Your papa may have
    But God bless the child
    Who’s got his own
    The strong get more
    The weak ones fadeA 0
    Empty pockets
    Well, they don’t ever
    make the grade
    Mama may have
    Papa may have
    But God bless the child
    Who’s got his own
    Who’s got his own
    When you’ve got money
    You’ve got lots of friends
    They’re always hangin’
    around your door
    But when the money’s all gone
    And the spending ends
    They don’t come
    around much anymore
    Rich relations give A crust of bread and such
    You can help yourself
    But you better not
    take too much, no
    Mama may have
    Papa may have But God bless the child
    Who’s got his own
    Who’s got his own
    Them that’s got shall get
    Them that’s not shall lose
    So the Bible says
    And it still is news
    Your mama may have
    Your papa may have
    But God bless the child
    That’s got his own
    Them that’s got his own
    Them that’s got his own”

    Allan

  21. GREAT post dny,

    I see MERS going down in flames in the not too distant future!

    Walter Hackett, Attorney at Law

  22. GREAT post dny,

    I see MERS going down in flames in the not too distant future!

    Walter Hackett, Attorney at Law

  23. FROM the NY TImes article: “Tracking Loans Through a Firm That Holds Millions”:

    “Sometimes, banks have held title to foreclosed homes in the name of MERS, rather than their own. When local officials call and complain about vacant properties falling into disrepair, MERS tries to track down the lender for them, and has also created a registry to locate property managers responsible for foreclosed homes.”

    “But at the end of the day,” said Mr. Arnold, president of MERS, “if that lawn is not getting mowed and we cannot find the party who’s responsible for that, I have to get out there and mow that lawn.”

    – WHERE is the NY Times follow-up question that asks, “If the above is true, then isn’t that evidence of a fraudulent foreclosure? MERS can’t possibly “own” the property after foreclosure if it didn’t “own” the Note, can it?” I guess we can rest easy knowing that the president of MERS is out mowing lawns on foreclosed properties of hapless borrowers who never knew, and never will know, the identity of their “lenders.”

    Or,

    “Before MERS,” said John A. Courson, president of the Mortgage Bankers Association, “the problem was that every time those documents or a file changed hands, you had to file a paper assignment, and that becomes terribly debilitating.” – WHERE is the follow-up question, “It sure is. But it’s debilitating FOR WHOM?”

    The media, including the NYTimes, is still going to bat for MERS in this thinly veiled PR piece, which was probably requested by MERS itself. True investigative journalism in mainstream media is dead.

  24. Thanks, Jose for those timely and valuable news updates, Mario for voicing a widely felt frustration, and Walter for making a difference in California, one push back response to a demurrer at a time.

    If only we had more Walter Hacketts in Florida! Too many lawyers down here are stuck with legal competence and knowledge dating from pre-mortgage meltdown days, and have few updated arrows in their warrior quiver. Who knew choosing the wrong lawyer to safeguard us from a peril could be as dangerous and as damaging as the peril itself?

    Yours is an interesting website, Walter. I pity the millions of homeowners across our nation who, unaware or naively trusting, are being herded into loan modification or short sales, led to a sure slaughter of their rights at the hands of the very pretend banksters and other bad actors who brought us the mortgage meltdown. Right wing talking heads continue to push the shibboleth that errant borrowers were what brought us the mortgage meltdown.

    Walter, could you let the rest of us know what Mitch Roth is widely known for having done?

    Obama has, from the start, given us the blueprint for winning this war. We know this truth already, as it is in our bones. It is won at the cadastral level – at the grassroots, street by street, not by an administration that has to balance conflicting constituent demands (homeowners v lenders v investors v taxpayers v the viability of the banking/corporate/capitalist system v constitution v partisan interests ……).

    A leader who has to lead all of us often cannot take sides in offering broad legal remedies to reverse or stop what we see as crimes, but many see as merely civil wrongs. If that leader is also an attorney, as so many lawmakers and most, if not all, judges are, deference will likely be paid to the vaunted adversarial legal system, a system that barely rations justice in any but the most egregious cases. Those who survived Katrina did not wait for a deus ex machina to extricate them. Not all of us have, like Gideon, an Abe Fortas to prosecute our case and foster the beguiling illusion of “justice for all.”

    We’d like to see homeowners armed with as much leverage as the wired and remorseless, well-funded corporate giants who, brimming with impunity and vast resources, undaunted, are arrayed as adversaries against us. I, for one, would like to see more nationwide class action lawsuits certified to offset lenders’ smug knowledge that they have the inside track, an unfair advantage over most troubled homeowners. Who among us can surmount the legal system’s barriers to entry to obtain our rightful measure of justice, our day in court? How much justice can each wronged financially depleted homeowner afford? Our corporate adversaries have factored that into their calculus.

    “Justice is never a given, it is a goal; achieved only by unwavering vigilance, fidelity to truth and unflagging passion.” (W. Hackett) Indeed! The adversarial system of justice is loaded against the individual, and most certainly the individual without means to get in the door. God bless the child who’s got his own. May God bless each David with a slingshot that finds its mark on Goliath. May the Davids of the nation find a way to collectively prevail against the corporate Goliath.

    I am reminded of the Steve Miller song, “God Bless The Child”

    Them that’s got shall get
    Them that’s not shall lose
    So the Bible says
    And it still is news
    Your mama may have
    Your papa may have
    But God bless the child
    Who’s got his own
    The strong get more
    The weak ones fade
    Empty pockets
    Well, they don’t ever
    make the grade
    Mama may have
    Papa may have
    But God bless the child
    Who’s got his own
    Who’s got his own
    When you’ve got money
    You’ve got lots of friends
    They’re always hangin’
    around your door
    But when the money’s all gone
    And the spending ends
    They don’t come
    around much anymore
    Rich relations give
    A crust of bread and such
    You can help yourself
    But you better not
    take too much, no
    Mama may have
    Papa may have
    But God bless the child
    Who’s got his own
    Who’s got his own
    Them that’s got shall get
    Them that’s not shall lose
    So the Bible says
    And it still is news
    Your mama may have
    Your papa may have
    But God bless the child
    That’s got his own
    Them that’s got his own
    Them that’s got his own”

    Allan
    BeMoved@AOL.com

  25. Mario,

    One more thought. When opposing counsel emailed me, my first gut feeling is that they want a record of making a good faith effort at resolving the matter. Hence, my response that I would entertain any GOOD FAITH offer made in WRITING.

    The ball is back in their court.

    Alina

  26. Mario,

    It’s interesting that the attorney on your case wants to know your intention, If I remember correctly, you are in South Florida, correct? I am in Orlando.

    My case has been going on now for over one year. A couple of weeks ago, opposing counsel contacted me to ask me what my intentions were since his client is doing a lot of modifications. I told him I intended to fight for my rights and I also told him that I would entertain any WRITTEN offer made in GOOD FAITH from his client.

    Have not heard back from him.

    Alina

  27. Walter,

    I have been going after my lender for some extensive time or more precisely put my issue has been in limbo, almost from its inception, of late they have communicated with me to detect my intention about my intention on how I wish to proceed on my issue.

    I am appalled to think that of all the trouble they have with so much easy prey on the open market that they would have any intention to come after me, but nah I am not special.

    Many Lawyers are not willing or able to effectively confront this fight in a proper manner then there are the Judges, well we have a war on hand that is not going away soon as many think. I see few solutions in the short term and a lot of trouble already on the plates of the poor and middle class.

    The dilemma has taken a toll on many families and generally every one, the biggest price to be paid is coming in the commercial real-estate, many malls and small business have run out of sales and money to operate.

    We have no manufacturing base with which to rebuild our lives and the lack of living track record of real and productive work has effectively stalled our income, this may be our undoing its no joke.

    In the beginning we were all in shock, but those of us who have become seasoned and the pressure and tension have eased on the mind, many males are killing off their families with stark frustration and deemed lost, the fat lady is not singing yet and I have a feeling she may be dead, sick and may have lost the voice.

  28. From today’s Bloomberg News: “Mortgage Bondholders Form Battle Lines Over Obama Housing Plan” ( http://www.bloomberg.com/apps/news?pid=20601109&sid=aJJ9n3NhQa1s&refer=home ) :

    “Mistreating “customers, the ones who ultimately lend to the homeowners, is not good a business practice,” said Brownstein, whose hedge-fund firm is based in Stamford, Connecticut.”

    Could somebody comment on this article? Thanks.

  29. Mario,

    It IS a war. That is why I provide free training to consumer attorneys licensed in CA. We have far too few suits filed in state court and the lenders’ attorneys have been able to bury us with paper. I left my office @ 10:30 last night and came back in @5:30 so I can draft an opposition to yet another demurrer. If we can file thousands more lawsuits with colorable claims I belive the lenders will be forced to start negotiating as the cost of defending will become prohibitive. Unfortunately, if an attorney does not understand “banking” or “lending” law he or she often doesn’t know whether a potential client’s claims have merit and they wind up doing things like attorney Mitch Roth did here in CA. Drafting a suit that has colorable claims based on substantive California law (instead of or in addition to technical regulatory violations) takes a LOT of knowledge, facts AND time. Depending on who’s drafting them our complaints can take over 10 hours to draft.

    Walter Hackett, Attorney at Law

  30. In the end the fight continues on with no letting up.I am very disappointed with the mortgage war and the fact that our leaders have done little to solve the problem at all.

  31. National Public Radio in its noon time show The Kojo Nnamdi
    Show will feature a week long series of programs that will focus on the mortgage crisis. This will happen next week, it will be a great opportunity to share with the nation about livinglies and Mr. Garfields work, all our efforts and the harm these lenders and

    http://www.wamu.org

    88.5 FM in the Washington DC Metro area, they do broadcast through the internet. This is a Nation Wide broadcast and everyone is invited to listen and to PARTICIPATE, let us share what we know , let America know the truth !!!

  32. An Arizona Senator (Jon Kyl, Republican)has blocked the Bankruptcy reform proposal in the Senate. The Mortgage Bankers Association and the American Banker Association have been successful in their fight to push more people into foreclosure. Not only they hurt millions of American families with fraud and deceit but now they want to finish them off financially by not having the Senate approve the changes that are necessary in the Bankruptcy legislation. Here is an article regarding this issue. \\Can we all call this senator and let him know that the Senate, congress and the excecutive branch bailed out the crooks and now they look the other way when the average American family is in
    trouble. America Speak your mind NOW!.

    Cramdown Legislation Hits Senate Roadblock
    By TERI BUHL
    April 22, 2009 9:50 AM CST

    A hotly-contested legislative proposal that would allow bankruptcy judges to modify mortgage debt in certain bankruptcy cases appears to be losing momentum in the U.S. Senate, various sources said this week. So-called ‘cramdown’ legislation, which passed a key vote in the House of Representatives in early March, has been facing much stiffer opposition in the Senate and has forced the Senate bill’s primary sponsor, Richard Durbin (D-IL), to back away from a harsher stance he had taken with respect to the cramdown proposal.

    “Durbin has remained wedded to the cramdown bill,” said Dr. Joseph Mason, professor of banking at Louisiana State University and a senior fellow at the Wharton School. “The industry is done with it, as is the rest of Congress. He might get it tacked on to something else, though.”

    Both the American Bankers Association and the Mortgage Bankers Association have come out strongly against proposed cramdown legislation, with the MBA arguing that such legislation would increase primary mortgage rates, as investors adjust their risk tolerances. The MBA’s assertion has been met with criticism from some researchers, including Adam Levitin, a Georgetown law professor. “There is no empirical evidence that supports a conclusion that permitting either strip-down or other forms of modification of principal home mortgage loans in bankruptcy would have more than a minor impact on mortgage interest rates,” he said in Congressional testimony early last year.

    Nonetheless, bankers say that the current Obama administration’s Homeowners Affordability and Stability Plan, which includes provisions to modify loan payments down to 31 percent of a borrower’s income, effectively makes further modifications via bankruptcy somewhat repetitive.

    In February, Durbin had suggested to American Banker that Democrats might be willing to limit cramdown authority to just subprime mortgages, in an effort to quell industry unrest and long-standing opposition to the proposal. Subprime loans are not available for modification under the administration’s HASP.

    “We’ve talked about that as a possibility,” he told the news service. “I am willing to negotiate. I want this to be a reasonable approach, but we have to include [bankruptcy]. If we don’t include it, we’ll be stuck in the same mess we’re in today.”

    Durbin apparently wasn’t as willing to negotiate on the Senate bill as he had originally claimed in February. The ABA says they walked away from Senate negotiations earlier this month, because Durbin would not concede to allowing cramdowns to apply only to subprime loans. Durbin spokesman Max Gleischman denied the suggestion that the Senate version of the cramdown bill was DOA, however, telling HousingWire that “all terms are being negotiated right now, there is not one main sticking point.”

    Over the congressional recess, Durbin’s team had worked furiously with the nation’s bulge banks, including JP Morgan Chase & Co. (JPM: 33.23 +2.15%), Wells Fargo & Co. (WFC: 19.72 +4.84%), and Bank of America Corp. (BAC: 8.7912 +0.36%), as well as key credit unions, in hopes of swaying more Democrats in the Senate to support the proposal, according to sources involved in the negotiations. Press reports earlier this week from Durbin’s camp said progress had been made, but sources inside the negotiations now admit that the deal on the table currently would likely still not encourage enough votes to pass a vote in the Senate.

    Much of the behind-the-scenes opposition has come from Arizona Senator Jon Kyl, a Republican, who sources say has been strongly in the corner of bankers over the proposed bankrupty reform; Democrats, including Durbin, had originally attempted to push cramdown legislation through the Senate by tying the legislation to a proposal that would see the Federal Deposit Insurance Corp.’s borrowing authority from the Treasury increased from $50bn to $100bn. Sources say Senate Republicans are now confident they will get the FDIC expansion measure through the Senate, irrespective of the fate of the controversial bankruptcy proposal.

    “Democrats have tried to strike a compromise with some in the banking community by holding FDIC borrowing authority hostage to passing cramdown,” Kyl told an industry conference on April 1.

    “Fortunately, the industry has politely declined. There is no reason to concede on cram down when you have the votes to stop it. As Senator Phil Gramm once said, ‘Never take hostages you’re not willing to shoot.’ On [March 27], the Majority Leader signaled that he wouldn’t shoot the hostage, FDIC relief. He said, ‘If we can’t get the votes for [cramdown], and I am hopeful we can — I am semi-confident we can — then what I’ll do is take that off [the bill] and do the other banking provisions.’”

    “Durbin had a hell of a time coming up with a bill that’d pass the Senate,” said Burt Ely, a banking expert and principal of Ely & Co. “He’s watered it down so much that his proposal now limits the accessibility or intention of the bill. Even if he got it passed, the gulf is so big it wouldn’t even get out of [the House] conference committee to be enacted into law.”

    Not surprisingly, consumer advocates are seeing red.

    “With Durbin, Dodd and Reid doing the bidding for the banks, this current state of the cramdown bill will have virtually no impact for at-risk borrowers,” says Bruce Marks, CEO of Neighborhood Assistance Corp. of America, a mortgage broker and consumer activist. “The Senate Democrats have made no measurable actions this year to help the housing crisis.”

    Late Tuesday, in an apparent effort to save a measure he feels is important to help distressed homeowners facing foreclosure, Senator Charles Schumer (D-NY) said he would instead try to tack the cramdown measure to other pending banking/housing legislation being considered in the Senate, rather than including it directly in proposed legislation, bringing it up for a quick vote as the Senate considers its options.

    Editor’s note: Teri Buhl is an investigative journalist covering Wall Street who has written for the New York Post Sunday Business and Trader Monthly. Contact her at teribuhl@yahoo.com.

    Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments.

  33. Martin:

    I am one of Neil’s attorney’s that gets it. What state are you living in? In Florida the Attorney General entered into a Settlement Agreement with Countrywide regarding various loans. I would file a Motion to Abate Proceedings based on this Settlement Agreement and attempt to do a modification of loan. Nine other states have entered into Agreements with Countrywide also.

  34. NEWS ALERT!

    CSPAN2 in minutes at 2 p.m. is about to air Senate hearings on MORTGAGE FRAUD. Tune in!

    Allan
    BeMoved@AOL.com

  35. I have Countrywide trying to use an Affidavit of possession of the Note from an Assistant Vice President – David Perez. They have had a year to find the original Note endorsed over to them and have not. They have filed a Motion for Summary Judgment.

    I want to dispute the Affidavit as hearsay, the Plaintiff is using the Business Records exemption to hearsay. Does anyone have a case precedent for this I can use?
    I have a Non Profit Atty working on an answer, but he has no “fire” and does not appear to “get it”.

    Countrywide has no standing under the HDC doctrine and I live in a Judicial Foreclosure state.
    Thanks!

  36. Unfortunately they’re only trickling in out in CA. The good news is those that are coming out clearly support contentions we’ve been raising in state court actions since LAST MAY. I do have a case in which a state judge sustained most of a demurrer because he believed the legal issues involved “required” appellate review. Unfortunately since he overruled the demurrer as to ONE cause of action, Quiet Title, we can’t outright appeal the matter and must instead seek a Writ of Mandamus. Anyone interested in helping with the drafting of the application PLEASE feel free to contact me at whhackett3@hackettslaw.com

    Walter Hackett, Attorney at Law

  37. The Trojan Horse..
    was a very clever giant wooden Horse structure that was made out as a gift from the Greeks ..who admitted defeat and left a tribute to praise the Trojan behind their walls about their invincibility.

    Given as a gift .. a tribute ! The Trojan”s foolishly opened their massive doors and celebrated their victory over the enemy by rolling in the Horse tribute.
    .into their city behind those very walls that protected Troy.

    We all know what happened later that night..

    The American Way of Life and its people are suffering a very similar situation as the Trojan Nation .

    We also had very high walls to defend us from the enemy.

    A Trojan Horse was built by many corrupt politicians and their very greedy Wall Street banksters partners.

    And we unknowly and foolishly opened the doors.

    The damage to our American Way of Life immense and is still growing ,and spreading.

    The virus these people have unleashed into our financial system
    and our national security is worst than 1000 Osama Bin Laden’s. attacks on America.

    These corrupt gang of people have committed the largest and highest crime of national Treason !

    The terror and destructive affects have not been completed ..and it keeps spreading through out America and the World.

    We know who these people are..We know their first and last names. We know where they work .

    They work as Senators, Congressmen , they are elected politicians and their lobbyist buddies.and the Wall Street CEO’s.

    Treason committed by our own people . We don’t have to worry about outside terrorist attacks .
    We have home grow terrorist and traitors in our elected official’s and in the corrupt Wall Street CEOs .

    Not one of these corrupt , traitor’s , and enemy of our American Nation has been accused of any wrong doing.

    No !!! They’re still running the show. They are our Saviors now .. they will fix everything. ..why , because they have the expertise to fix and cover up their crimes committed against our nation. And Washington is helping them .

    Many responsible and honest people are still acting like the ostrich bird..
    Please take your head out of that hole in the sand …and open your eyes and see …the crimes that have been committed against us , and our children and our grandchildren and many generations to come.

    May God help us change what must be changed .!!

    Politicians are like diaper’s ..you have to change them often.
    Otherwise you’ll have what we have now a terrible ….stink .

    Politicians who are re elected over and over for decades and decades have to be changed . We have the power to do it.

    L.F.

  38. L. Fitzgerald you wrote it beautifully.

    Thank you,

    -Vicki Mah

  39. MERS DESTROYED BY NEVADA BK JUDGE 3/31/2009

    http://www.msfraud.org/law/lounge/MERSDestroyed.pdf

  40. Neil,

    If you can create a depository of these decisions or forward onto me I would appreciate it. Regardless of appeals, what we are doing now with the cases I am involved in is to create a notebook for the judges to educate them along with my reports of years ago.

    Charts, contracts, and decisions help these judges “get it!” Many of these judge have lost values on their homes. In some jurisdictions (South) we raise the issue of the lack of transparency could be money laundering for hedge funds whose real investors are drug dealers, russian mobsters and even al queda!

    In any event, will keep you abreast of new decisions we find. Love ANY decisions you have, especially the ones where evictions have been reversed.

  41. I’ts a United State of American tragedy,and shameful national disgrace that millions of middle class working people that followed the advice of Wall Street ,Bankers,and opened their retirements plans,
    refinanced their Mortgage’s and after being lied to ,and manipulated by the very people we trusted..

    are they are ransacking our last ,and most important asset our ..Homes.

    The American Dream is being destroyed by a small group of Wall Street Corp Bankers.. .
    The Congress, and many politicians are cooperating with their old college buddies by bailing them out , so the bankers keep their mouths shut and keep their nice jobs and positions.

    They are not protecting the working class people that have become innocent victims of the whole criminal scam .

    To make matters worst ..Many judges ,and Big lawyer default specialist groups are fast tracking foreclosures, and the Justice system is not even granting a fair due process of law..

    Final Summary Judgments are stamped and granted to the Plaintiff’s that may not have a right to foreclose or even file a motion.

    The justice system is working hand in hand with the most corrupt group of large law default groups and helping them steal a home ,a house that they will sell for a windfall profit.

    The justice system is working against the most unprotected and defenseless group of people not seen.. since the last depression of 1929.

    These victims can’t afford to pay a defense lawyer ..and if they could pay ..many lawyer don’t want to work foreclosures..

    Yes these middle class people that have lost their jobs,or have fallen into very hard times… thanks to the Wall Street
    ( Investment pools.,derivatives,Hedge funds, CDOs .)

    are been throw out ..into the street. like bag of trash.. .

    What a nightmare . One year your working and making a living , the next year your investments were stolen , you lost your business or job , and you are Homeless for the first time in your life. …
    What a beautiful America Dream ….people living in tents , in their cars …..what a pretty picture.

    The Wall Street bankers , politicians , and the Justice system ..they are doing okay ..
    I fact ..they are buying your foreclosed house at a rock bottom price .. and getting richer for it.
    ..
    The Rich and the Poor . The middle class is being exterminated
    by a unjust system….

    I remember reading about the French & Russian Revolution . King Louie ,and the Zar Alexander were very comfortable in their palaces ….while the poor folks outside were starving . Is History repeating itself …in America …

    My last hope is that a movement for justice for all is planted into the consequence of our leaders before more damage is inflicted to the American Dream …a dream for a fair deal in this wonderful country .

    I had to blow off steam….whats happening today is a tragedy .

    I was a volunteer in the Regular Army 1972-74 ..Vietnam Era

    I mentioned this to clear ..any doubt that I love my Country .and that I served and did my duty .

    I love my fellow veterans ..I feel a brotherhood for them ..especially on my visit to the V.A. Clinic .

    L.

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