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Protesters occupy home facing foreclosure

By Fred Clark,

This is a story about a police officer and protesters organizing in the Occupy movement. And it doesn’t involve pepper spray.

Zaid Jilani of Think Progress reports, “Occupy Atlanta Encamps In Neighborhood To Save Police Officer’s Home From Foreclosure“:

Last week, Tawanna Rorey’s husband, a police officer based in Gwinnett County, e-mailed Occupy Atlanta to explain that his home was going to be foreclosed on and his family was in danger of being evicted on Monday. So within a few hours Occupy Atlanta developed an action plan to move to Snellville, Georgia on Monday to stop the foreclosure. At least two dozen protesters encamped on the family’s lawn, to the applause of neighbors and bystanders:

Nearly two dozen protesters assembled Monday afternoon at Tawanna Rorey’s four-bedroom home in a neighborhood just south of Snellville, clogging the narrow, winding street that runs in front of the house with cars, vans and TV trucks. Many neighbors stopped to gawk at the spectacle and even honked their car horns in support of the crowd. […] [The protesters] set up two tents in the front yard, draped a “This Home is Occupied” sign over the porch railing and handed out bottled water and granola bars to other members.

The Sheriff’s Department did not come to evict the Roreys that day. A spokesman for the department told the Atlanta Journal-Constitution that the foreclosure process is still ongoing and that it has not scheduled an eviction. “It’s a good cause,” said Diona Murray, one of the Roreys’ neighbors, about the occupation. “If we don’t take a stand, who will?”

The family of five was evicted yesterday, the Journal-Constitution’s Joel Anderson reports, after the local sheriff threatened to arrest the family unless the Occupy protesters left the property:

Occupy Atlanta vowed to intensify their fight against foreclosures Thursday, hours after a family of five was evicted from a south Gwinnett home where several protesters congregated this week.

Some demonstrators have shifted their attention to suburban communities after a month spent staging protests  in downtown Atlanta against Wall Street’s influence in U.S. politics. Occupy Atlanta said it’s now hopes to bring attention to the foreclosure crisis.

“We’ve shined a light on injustice,” said Tim Franzen, one of the group’s organizers. “The Rorey family is a symbol of what’s happening all over this country.”

The Roreys were evicted Thursday from their four-bedroom home just south of Snellville. Minutes before about a dozen protesters gathered in front of the Gwinnett Justice and Administration Center in Lawrenceville to decry threats they said Gwinnett Sheriff Butch Conway made to the family.

Franzen said the Rorey family was willing to allow the demonstrators to stay, but the group left because they didn’t want to risk anyone in the family going to jail.

Franzen said Conway told Tawanna Rorey and her husband, a law enforcement officer with DeKalb County, that he would have them arrested for being accessories to trespassers.

If this becomes the next big wave of Occupy protests — fighting foreclosures house-by-house, then I can’t see the protesters losing the battle for public opinion, even if they don’t always defeat a particular foreclosure effort. This action makes it clear what side they’re on and what they’re for. And whose side they’re on and who they’re for. Even the tea partiers — who, remember, were originally organized in a backlash driven by envy and a seething resentment against the idea that homeowners facing foreclosure might receive any form of assistance — can’t forever sustain the crabs-in-a-bucket indignation it would take to side with the fraudulent banksters on this issue.

Occupy Atlanta and Occupy Gwinett say they’re looking to repeat this tactic elsewhere in the region. As the Snellville Patch reports, they won’t have to look far:

On the Roreys’ street alone, six homes of 24 are in foreclosure proceedings. … Georgia remains in the top ten of states’ foreclosure rates, according to a November 10 report by market researcher RealtyTrac. Nationwide, there was an increase of 7 percent in October over the previous month in foreclosure filings, which includes default notices, scheduled auctions and bank repossessions.

24 Responses

  1. @enraged
    i completely understand——they want my head on a platter–took my house now trying to take my little farm next door–they destroyed my house for insurance–my carryover casualty insurance—-im old and sick–doubt if ill live long enough to finish–but these poor kids –awful thing in iraq and aphgan then–come back and lost everything that they bought with signing bonus—-according to one i interviewd –30% killed on the baghdad patrols–much worse than we are told—and we know how much the powers that be care about 99–zip

  2. @TO ALL, including DCB

    The information David gave is correct and I was wrong. My apologies to David and to all. I found it interesting, though, that when I googled your license number, that old Livinglies post popped out.

    Sorry about that. Just because I’ve become paranoid doesn’t mean that they arent’s after us…

  3. fyi people–i strongly suspect that it would be a nasty crime for me to claim i was an atty with a number etc—and not be true —-i am an officer of the court–so it would be problematic to impersonate or make such claims—on the other hand the assertions of the unknown enrsged seem to be shielded by anonymity –even if malicious and untrue

  4. @ enraged and all others —this is absolutely untrue–im sitting here looking at my “Attorney Registration Card” with “The Supreme Court of Ohio” at the top

    listed as DAVID CARL BREIDENBACH, 0027582—iv been an active enrolled member of the Ohio Bar since 1977.

    Im doing CLEs this week under that number–it has not changed since 1977–iv never had an issue—-im not a member of the OHIO BAR ASSOCIATION—–which is different–a trade group i guess you would say—

    that could be the only basis for justifiable confusion here—anybody want to properly verify these facts call “The Supreme Court of Ohio Office of Attorney Services 65 front Street Columbus Ohio 43215-3431

    ph 614-387-9320
    fax 614-387-9323
    or email them at attyreg@sc.ohio.gov or supremecourt.ohio.gov

    Its easy for me to provide this info—because it is on the reverse of my plastic atty card

    I do not know anything about “calling me on it” in July or whatever or id have posted this then—-whoever you are “enraged”–ill assume that you called the Bar Association to whom I pay no dues and am not a member–and your statements although in error are not malicious”

    after you call the correct number –id appreciate a correction thankyou—apology not necessary if its just a good faith mistake but correction is in order

    if this is a malicious attack –then please anon or some other respected blogger pleae confirm it—-and out this person

  5. @ TO ALL, (and this is important, hence the capitals)

    I checked the records for Ohio attorney 0027582. It doesn’t exist.

    DCB was called on it on August 29, 2010.

    Here is the Livinglies post:

    https://livinglies.wordpress.com/2010/08/09/attorney-referral-posting-south-florida-and-orlando-corridor/

  6. NOTE: On 11/14/11, I, DCB called the phone number set out in the body, identified myself as an Ohio Attorney # 0027582 and requested a copy of form—for vet w/o papers, which were destroyed in the seizure along with his furniture and $25,000 downpmt —–the answerer referred me to http://www.independentforeclosurereview.com which does not show a govt site nor any other working site with useful info. I pointed this out and received no explanation. No site was a govt site. The answerer stated he worked for RUSTCONSULTING, and would not do more than take my name and phone #. He would do nothing unless the servicer was identified and he supposedly could verify against a list. He checked for Brian Mantel, Penelope Toledo—nothing. I indicated the vet was unable to provide info because all docx lost in seizure—and “shell-shocked” –no matter—I could not get form. The answerer then stated he would only do inquiries for 14 servicers and I stated my list was 24. He gave me his listed 14 one by one—one was One West—not on the list I had. At the end of his list read off, I noted that I had another 10 names and read off one which he agreed was covered but not amoung those names—he attributed the difference to “affiliates”. I asked for the him to verify with me the others that he had not named that were on my list as was the 1st that he stated was covered but unnamed. He refused to go further and stated that somebody would call back in 7-10 days. He would not send the application form. The refusal to disclose all the servicer names—is a deceptive cat-n-mouse Catch 22 which arguably smacks of denial of Due Process or outright wire fraud.

  7. Israeli style eviction of Americans into concentration camps:

  8. Bank admits error after couple claims home was illegally taken

    Posted: 08 Nov 2011 06:57 PM PST

    Conway Daily Sun- EFFINGHAM — A major Wall Street bank is apologizing to a Maine couple who allege that the bank wrongfully claimed ownership of their second home on Green Mountain Road in Effingham. But the apology rings hollow for the Drew family. Apparently, J.P. Morgan Chase & Co. confused a little red house, owned […]

  9. In case it wasn’t posted yesterday… One of the best explanations of why MERS can’t be used by banks in the foreclosure process.

    I guess, if it is well-argued, it can do some considerable damage.

    http://www.nakedcapitalism.com/2011/11/devastating-analysis-of-mers.html

  10. This is a great strategy. House by house, street by street. People helping each other–it’s beautiful.

  11. dee, on November 13, 2011 at 9:33 am said:

    How can servicer grant a modification if they do not owe the note? What if you uncover fraud after you sign a modification would you still have a cause of action against the servicer or foreclosure mill.

    I believe you make a very logical point and the answer is yes.

    What most don’t know is that you can file a lawsuit against the law firms forclosing and the servicers if they took the assignment of the mortgage (after you were in alleged default) under the Fair Debt Collection Practices Act and the State consumer protection act. If they take your home you can sue them for actual damages as they are 3rd party debt collectors under the above laws. You can also sue them under the Fair Credit Reporting Act and the Telphone consumer Protection Act. People can stop a foreclosure by educating themselves. This is not the place but you can google “what lies in your debt” become a member or just view some information first, then you can take the laws put in place to protect you and sue them. I am not selling a service, I am also a homeowner who was foreclosed on in Mass but I am still in my home. If you don’t know your rights you have none.
    Dawn

  12. Hey Dee; servicing and pooling agreements provide for the servicer to be paid to “service” the note only. I am in a quiet title, Pro Se case right now and have “forged signatures” on a substitute trustee document, from the servicer; Ocwen in FL. Dates are wrong…Blah, Blah, Blah…nothing matches. The chick at the notary commission was foolish enough to send me an original application of the “supposed” notary, with drivers lic #, home address, etc… Anyway, I don’t see where this notary ever witnessed anything and the signature on the transfer, substitute trustee is definitely wrong. Check the SEC filings; lengthy, but informational. Servicers do have have any authority and do not own anything, they have servicing rights and many times the original broker, not lender, has not funded the mortgage, sometimes it has not even been transferred to any pool/trust. It is my understanding, that a pool and a security are not one in the same either. One is a security and cannot be foreclosed on. It’s heaps of information and must be whittled down. Good luck…keep at it. It may serve you well. The lies are there, but many just give up. Even if I lose, I tried.

  13. @Chris,

    My point exactly. The truth has come out. As I have said over and over, we’ve all paid forward with all the “bailouts” and we’ve seen how mismanaged our money has been.

    As far as I am concerned, we don’t owe anything anymore: it’s been paid more than in full since 2008. Stop paying and stay put in your house.

  14. How can servicer grant a modification if they do not owe the note? What if you uncover fraud after you sign a modification would you still have a cause of action against the servicer or foreclosure mill.

  15. Hey enraged: The story is very tainted. What bank that was honest would sell anyone a home they could not afford? Answer: NONE, unless there was another agenda. Right? The insurance on the “ultimate” default was paid on these houses and by the way; only 1-2% of homes that have been or are in foreclosure are houses people bought (at market values, highly inflated, by the banks appraisers) they could not afford. How do I know? Spent a vast amount of time in bankruptcy courts and magistrates offices (non-judicial foreclosures) and seen the carnage. I want to know when anyone, who is really trying to get to the bottom of this, is going to check the banks “accounting” and chase the money trail, to find the “trillions, yes, trillions unaccounted for when the banks pleaded for a bailout out or else the country would be devastated. Last time I noticed, the country, homeowners and average investors, yes, average investors (teachers, union members, nurses who held pensions and such, etc…average taxpayers) have been victims of huge losses, devastated, by being encouraged to invest in mortgage securities/pools, when our government has given bailouts to those who cheated, lied and stole, using false information to gain monetary gain at the peril of an entire country of hard-working citizens. Yes folks, Devastation even after the payday! Now, Fannie and Freddie want 7.8 billion more and are giving out bonuses? Holy $hit…bonuses for what? Fannie and Freddie do not own the notes either. Read my friend, read…it is all a lie!

  16. @Trespass,

    At this juncture, it makes no difference whether it is a legitimate or illegitimate foreclosure.

    The tide has been reversed and, as much as all foreclosures having taken place before Lynn’s infamous 60 Minutes were caused by “deadbeat, greedy homeowners who bought more house than they could afford”, all foreclosures from that point on have been and will be “fraudulent, illegitimate and caused by banksters’ insatiable greed”.

    This is a country of extremes, with extreme opinions and extreme reversals. People are either “all good” or “all bad”. We were “all bad” for 5 or 6 six years. Allow us to become “all good” until this disgrace has been corrected, shall you?

    They’re making biiiiiiiiiig mistakes going after cops, firefighters and the military, the most important allies to have in case of social unrest. There is a quality of stupid in that story thast I can hardly grasp.

    @Carie, don’t worry about a thing. They’re accumulating the bad moves.

  17. Okay, got it! You are right. I can tell you though, having done numerous closings my attorney said one time: are you really going to read all that? My response: Yes, I am, why, are you in a hurry? Having, been in the judicial process many times, I have seen numerous elderly people in foreclosure from equity lines, on a fixed income. Although I don’t know the specifics of every case, I do know it is a travesty of justice. Many of these people are unsophisticated and have no where to go. Last time I checked being unsophisticated was not the crime, but bankers who know the ins and outs of loans/mortgages and their attorneys should definitely know better and provide guidance to those who are in need, FREE at the closing table. Just my 2 cents! Regards

  18. Dear Tresspass you stated above “There is a side process outside OCC to quickly settle with people” can you explain what that process is or where someone can read about it in another topic

    Dawn.

  19. Register John O’Brien the Register of Deeds will be at Occupy Boston on the 16th of November – first to have a presentatation at 3:30 pm titled: Fight for our basic property rights: Banks’ fraud at registries of deeds and then he will be a guest on the Jeff Santos’ Show right there at OccupyBoston at 4:30pm
    Here is a link to Jeff’s radio show:

    http://revolutionboston.com/shows/jeff-santos

    The purpose of this event is to educate people. Ask your Register of Deeds why he hasn’t shown up at your state Occupy camps?

    Register John O’Brien is calling his registry “a crime scene”.

    Here is a blog that my friend Senka created to explain the efforts that our Register John O’Brien has done for our county which also is aiding those folks in other counties and states as well. In her blog one can follow the efforts being made to prevent wrongful foreclosure here in Massachusetts. http://boston67.blog.com/peoples-hero/

    Dawn

  20. @Chris.

    I responded to the officer situation in the post and also another foreclosure discussed in a huffingpost article.

    huffingtonpost.com/2011/11/11/foreclosure-fraud-foreclosed-homeowners_n_1071826.html?ref=business

    When I was writing it I thought I was clear.
    Didn’t know it was cryptic until you responded.

    My Cliff Notes:
    A 61 year old woman in a home she lived in for 39 years, so she was 22 years old when she began living there, she’s receiving $30,000 in disability a year.

    Two years ago took out a $430,000 loan from a mobile notary who was in a hurry so she signed documents without reading them. The loan was supposed to reduce her payments and give her extra cash (on the 39 year old home), two years ago.

    She would not have qualified for the loan so she let them fill out the forms stating she worked for a company she never heard of and she signed the documents to get the loan (she participated in financial fraud). She spend some of the money obviously, but not all of it on the home because she stopped paying the loan and now is getting foreclosed on.

    THERE IS a responsibility to know what you are agreeing to by your signature. Reading through the article, it looks like she got a reverse mortgage or some sort of payment for the home she was living in (yes, cashing out her equity.)

    You can read the rest, but not all foreclosures are fraud foreclosures.

    For that kind of money, she can’t expect to get the loan, not pay it back, and keep the house. It’s like she sold the home.
    Just because someone took the time to put stuff in an article doesn’t mean they will tell you ‘everything’.

    She should have taken the loan money and her first payment should have been to pay it back and financed for something lower.

    Light and Love,
    Trespass Unwanted, corporeal, life, free, allodial, jure divino, in jure proprio

  21. This response conversation make sense to anyone, but the writers of it?

  22. Correction: I said 62 years in my comment, I meant to say 62 months or I should have said 5 years

    At the age of 66, she’d be out of the mortgage if there were no interest payments, but when they add interest, they triple the debt owed, so you’d probably put her at paying things off in about 15 to 20 years (She’d be 81 – 86) with aggressive payments of 23% of her social security, but inflation will make it difficult to pay year after year.

  23. Sounds nice, but in all actuality I don’t think most people comprehend how a foreclosure can occur in fraud and how one can occur legitimately.

    Just because a home is in foreclosure doesn’t automatically mean its a fraud foreclosure, these days.

    Before in 2009/2010, people, but not many people, filled out paperwork for a modification (new contract/new obligation/new lender), and were foreclosed on in the process of creating the new contract/obligation so the one who foreclosed had no legal standing to do so yet, because the paperwork wasn’t all in for them to do it.

    That’s why if they said they were going to provide a mod (new contract) and then foreclosed while it was in process (dual track), chances are likely they weren’t in a legal contract with you, so they had no legal obligation to claim you owed them, the foreclosure was in fraud.

    The short sale to keep from being foreclosed on, the same thing. It’s like being extorted out of money you don’t owe somebody so to pay the thug who demands money or you suffer, you sell the home and pay the fee but he wasn’t owed anything…there was a violation of Fair Debt Collections Practices Act…you can’t threaten to take someones property for the payment of any debt you say they owe if you don’t have a security interest in the property.

    FDCPA is still alive and well, just ignored when it’s time to make them follow through.

    Then people filed for bankruptcy to keep the home, but bankruptcy protected you from the creditors that existed at that time. Folks don’t realize how easy it is to create a new obligation after bankruptcy, probably before the ink is dry. Some would get phone calls from the ‘former’ creditor about an obligation that “””was discharged in bankruptcy” and say, “But I thought it was discharged in bankruptcy”, to which they are told (without “proof of claim”,) the bankruptcy did not fully discharge the obligation and they sign papers to modify the loan after a bankruptcy judge cleared the slate..now they have no income to pay and they made an agreement to pay.

    Thus a foreclosure on the home that’s not necessarily a fraud foreclosure because it occurred after a bankruptcy.

    I don’t know what this man and his wife agreed to prior to this foreclosure and eviction, but a threat of an arrest is enough to make you get the heck up out of there. As an officer, he may be bound by certain oaths to obey the law or obey a judges order that is part of the agreement he made to be an officer, that would trump anything the occupy people could overcome.

    See, what I’m trying to say is….we create these contracts and obligations and don’t comprehend how we play a role in what’s happening. If you aren’t grown up enough to play in the grown up world, don’t sign documents you don’t understand, even a modification if you don’t know what you give up to try to keep the house. Some contracts and even Deed of Trust have a tricky line in them that say, where a portion of this contract is deemed unlawful, the remaining portions of the contract are still in effect.

    It’s easy to want to keep a home for the sake of ‘ego’, but for reality’s sake, you haven’t been robbed until you’ve been robbed, which means until they steal the home and make you leave, there is no injury or loss of right. Sure there is threat, and coercion, and they have their own penalties, but there is no real injury until there is an injury.

    Many will jump into new contracts, not realizing how important their signature is. If someone doesn’t know the value of something, they will not protect it.

    Your signature is valuable. The least you can do is care about all the times someone wants it.

    I returned an item I paid cash for at the store. To give me my cash back they gave me a receipt asking for my signature.
    My response was, this is not credit, it’s cash, why do you need a signature for a cash transaction? They said their boss requires it whenever they return cash. So I signed it, “Cash Transaction”. If I’d left an open contract blank, I didn’t know what the store manager would do, and maybe he makes money off every signature on every receipt through the OCC or the Treasury who knows, so if I was going to be responsible for something I co-created unintentionally by returning an item. I made sure someone looked at that signature and realized it was for cash not credit and I was not endorsing the creation of something I didn’t know enough about.

    Not all foreclosures these days are fraud foreclosures. Maybe the window of 2009 and 2010 is the early window where the banks botched their own process. Maybe the Cease and Desist was to help them stop and remember each state has laws they must abide by and give them time to enter into new contracts with people who wanted to keep their homes.

    Many will be the first to send their contracts in to the OCC to be first in line.

    The early bird may get the worm, but is it what they are going to want to receive.

    The meek will inherit the earth.

    creditslips.org/creditslips/2011/11/the-multistate-foreclosure-settlement.html#more

    abigailcfield.com/?p=465

    How does a $1200 or $2000 check sound as payment to cover your storage fees for them stealing your home? I really don’t believe the woman quoted in the article exists. There is a side process outside OCC to quickly settle with people.

    Why the hurry bankers? Is something coming that will cause you to be arrested for your crimes and the fewer people you harmed the lighter the sentence? Huh? Why the hurry to settle and trying to make it look like parallel solutions, at that.

    The article contradicts itself. Katherine Johnson, 61, supposed to represent the populace view in the interview.

    huffingtonpost.com/2011/11/11/foreclosure-fraud-foreclosed-homeowners_n_1071826.html?ref=business

    ————————————————————————–
    Johnson is of two minds about the prospect of receiving $2,000 for her trouble. “That’s hardly enough,” she said. But, she added, “I suppose it would be better than nothing at all from the banks.”

    …..

    Johnson said her troubles started in January 2008 when Wachovia agents told her she could refinance into a fixed rate loan that would give her lower payments and a pile of cash. When a mobile notary came to her house, she said, the person rushed her to sign paperwork without carefully inspecting it.

    ————————————————————————–
    …..
    …..
    …..
    MY NOTE:
    She rushed to sign paperwork on the most expensive piece of property she’s ever owned? Oh so she could get a pile of cash. This sounds like she sold her home and was paid for it without realizing it…it almost sounds like a reverse mortgage except in this case she was paid for it in advance? Why would I say such a thing? When you read further you’ll see she owned the home for 39 years, she’s on social security disability and her payments are $30,000, yet here loan was for $430,000.

    I don’t know of a 39 year old home worth that much unless her loan gave her the equity in the home and she was just renting to stay there and when she couldn’t pay rent she was evicted.

    This is not the typical foreclosure. Homes were ‘stolen’.

    I’m just not so sure Mrs Johnson could keep $430,000 and the home. It’s like she sold it without realizing it and should have used the money she got to make the house payments.

    How does one lose $430,000 in two years, when they are on disability and the house is 39 years old?

    The article says she stopped paying two years ago. Right here is says:
    “She’d stopped making payments two years ago after signing up for a loan that she said unexpectedly increased her payments.”

    The article says they denied her a modification because her payments would be too low. That’s a Duh! moment.

    She gets $30,000 on disability, take 23% of that for mortgage payments and that’s high, that’s loan sharking kind of payments, that leave her to live off of $23,100. Paying for food, utilities, medicine (assuming everyone bought into the I need medicine to live phenomenon) then she’d have $6100 to make loan payments.

    She’s 61 years old and if she stays alive long enough she’ll pay off $430,000 in 62 years if she paid no interest at all in the deal.
    …..
    …..
    …..
    ————————————————————————–
    “She just flipped through the pages. I didn’t have a chance to read it well,” Johnson said. “The information I gave the broker was honest and true. They decided that that wasn’t enough so they gave me a job working for a company I never heard of.”

    The loan application, a scan of which Johnson shared with HuffPost, claimed she earned more than $9,000 per month in sales at a California distribution center. But she said she made just $30,000 a year from Social Security disability payments and wages from her part-time work as a tutor and substitute teacher. The loan was for $430,000. She couldn’t afford her new payments for long and is now on the verge of getting thrown out of the house she’s lived in for the past 39 years. Johnson, who suffers from Multiple Sclerosis, said the home has been customized with wider doorways to accommodate her wheelchair.
    …..
    ————————————————————————–
    I’m not sure what the purpose of this article is unless it’s to bait people into thinking they can sign documents without reading them and there is no consequence for their actions.

    The woman participated in financial fraud and should be lucky she’s not in jail.

    She spend $430,000!

    That’s what it said her loan was on a house she lived in for 39 years!

    As soon as she knew she could not afford to pay it back, her first payment to the bank should have been $420,000. Then she could have tried for a modification on $10,000 so she’ll have some social security money left over.

    Trespass Unwanted, corporeal, life, free, allodial, jure divino, in jure proprio

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