Hooker Case Flirts With Reality – 9th Circuit

SEE AMICUS BRIEF AT END OF ARTICLE

It is interesting to watch the evolution of thought in the Courts. But it is also infuriating. They treat false claims of securitization as a novel issue; but in fact, there is nothing novel about Ponzi Schemes, and other types of fraud. Yet the Court continue to ponder the issue, probably wondering how they could possibly explain their prior decisions, the millions of foreclosures that have already occurred, and the 15 million people who were ejected from homes and lifestyles, jobs, and even lives (murder-suicides).

This is not rocket science despite the layers upon layers of paper that Wall Street throws at the issue. The simple facts and law governing loans, and secured loans in particular, need only be applied as they were written and interpreted for centuries.

If I loan you money, you must pay it back. If I don’t loan you money then I have no reason to demand you pay it “back” because I never loaned you money in the first instance. If I purchase a real loan for real money, then you owe the money to me. If I don’t purchase the loan, then I have no right to your money.

If some other person gives the loan you were looking for then that is a matter between you and them — not you and me. Whether I race to the courthouse or not, I cannot collect, get a judgment or foreclose unless you fail to contest it. The only way I could ever obtain a judgment against you on a false claim is if you don’t answer it. That isn’t because it is right that I should have a judgment against you and for me, it is just because the rules work that way. But even after that you still have some options to set aside the judgment or action on the alleged debt that doesn’t really exist.

Possessing an assignment from a party who never owned the loan has never been considered as conferring some right on the assignee. And Faulty, notes, mortgages, indorsements and assignments have very clear laws and precedent. The defective ones are thrown out. Why? Because the object is to identify REAL transactions in which real value exchanged hands. And because the object is to ignore documentation that REFERS to a transaction that never took place.

It is one thing to have an executed note or some other testimony of proffered evidence of a loan, and another to show the Court the actual canceled check in which you advanced the money. One document talks about the transaction while the other IS the transaction. It is the difference between talking the talk and walking the walk. Talking about Paris doesn’t get you there.

You might have received a loan from someone at closing but the odds are that you didn’t get it from the Payee on the note, the mortgagee on the mortgage, the nominee, the beneficiary on the deed of trust or any of the other parties that were disclosed.

Finally the Courts are asking about the reality that Judge Shack in New York and Judge Boyco in Ohio were talking about 6 years ago, which was picked up by a number of Judges that were suddenly rotated out of the position to hear foreclosure cases. Politics frequently trumps the law, at least for a while. And politics is all about money. And if it is about money, then the banks are the obvious place to look.

I commend to your reading, the short Hooker Case (Link below) and the Amicus Brief (link below) submitted by laymen for your review and study. While not exactly what we would like to see both provide compelling evidence of a movement on the bench toward reality and away from the smoke and mirrors of the largest economic crime in human history.

The implications for both pleading and discovery are, I believe, self evident. HINT: I have it on good authority that the IRS form mentioned in the Amicus Brief is feared by Wall Street as the lynchpin of their position: once pulled the whole thing falls apart as it becomes obvious that the “trusts” neither received funds from the investors nor did they receive loans from the aggregators. That Amicus Brief also contains the only valid diagram of the actual practice of securitization in existence (other than the ones I have drawn in seminars). Notice how different it is from the diagrams of securitization that trace the wording of the securitization documents. it is the simple difference between truth (what happened) and fiction (what they say happened and why you shouldn’t be allowed to ask what really happened).

Hooker v Northwest Trustee Services 11-35534

Wells-Fargo-v-Erobobo-Amicus-Brief_1-14

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19 Responses

  1. Neil,
    Being from Ohio I routinely point people to Boyko (I think it’s with a K and not a C but whatever)….. and now living in the 9th I love Erbobo and now Hooker. As you see from the video that is the sort of issue countenanced in the Geary case.

    Which is precisely why they are now trying to shut me down! I know I can count on folks like you, Stafne, Weidner, etc for Amicus if they dare to try me on this:

    **********
    Dear Ms. Todakonzie:

    I submitted a Notice of Media Appearance to the Court and have full authority to video on premises. As you and Attorney Bollero should know the presumption in Washington is for open Courts and the vigorous protection of First Amendment privileges. As to the video outside of the courthouse she was standing on public property with no expectation of privacy so I obviously have permission to shoot her there on the Broadway.

    Further, I was a First Amendment specialist throughout my litigation career, and actually ran video of many of my personal trials nearly twenty (20) years ago. Watch me win a First Amendment case here and at bottom of this journal entry.

    Lastly, I am at a loss to understand how or why Attorney Bollero could assume I was court personnel when I clearly identify myself as being involved with KingCast.net and Mortgage Movies. I even explained my role as a homeowner advocate and the fact that I was a closing attorney.

    As such, I’m not removing anything. I had some sound issues in the courtroom due to a malfunctioning microphone but I can assure you as soon as I sound balance that audio it is going up as well…. that was a PUBLIC HEARING, and anyone can order a transcript for it. I’ve been down this road with many high-powered attorneys over the years and never lost once. Here’s one example:

    http://www.dmlp.org/threats/denner-v-boston-bob

    If you all want to try your hand let me know and I’ll send you my address for legal service, and you will face not only me, but likely a gaggle of supporting attorneys on Amicus. I just have to pick up the phone and they will be there. Any attempt to silence me will be at once underinclusive and overinclusive, not narrowly-tailored and not the least restrictive means toward any compelling governmental interest, but we can’t even get to that analysis because I had permission and there was no reasonable expectation of privacy, ab initio.

    Therefore I respectfully consider this matter as closed. Further, should your firm attempt to approach any web host or Google or YouTube I am instructing you to send them a copy of this unabridged email chain.

    Sincerely,
    Christopher King, J.D.
    From: Ana Todakonzie [atodakonzie@bwmlegal.com]
    Sent: Friday, May 16, 2014 1:15 PM
    To: Chris King
    Cc: Barbara L. Bollero; David A. Weibel
    Subject: Geary v. ING Bank, et. al.
    Mr. King,
    Attached please find correspondence from attorney Dave Weibel on behalf of Ms. Bollero, who is out of office.

    Ana Todakonzie | Litigation

  2. @Gene – Hooker is a big deal because it is a federal court (that is not binding in states like CA, but may be considered) considering title issues, aka, the OR Deed of Trust Act (DTA). The Hooker case re-affirmed that ALL transfers must be recorded in order to foreclose non-judicially

    In Oregon, a trustee may conduct a non-judicial foreclosure sale only if:
    The trust deed, any assignments of the trust deed by the trustee
    or the beneficiary and any appointment of a successor trustee are
    recorded in the mortgage records

    There were several transfers in the MERS report that were not recorded in the county mortgage records, and so the non-judicial foreclosure was invalidated. As the purpose of MERS is to avoid recording fees, this essentially nullifies MERS in OR in the eyes of the feds.

  3. Npv – really
    “Coincidentally, a short sale deal is ready to close this week, Now, at the last minute, the Fidelity Title is requiring the loan service agent to produce a letter establishing that it has the right to issue the short sale payoff. “I shit you not”. -wow. The ” worm thAt turned” ( monty python i think)

  4. Neidermeyer,

    Contrary to your belief, just because I don’t respond does not mean that the arguments or what is posted is correct. Generally, it is because I don’t have the time to hang out and post about how NG is misleading all the time. I do have much more important things to do, including finding constructive ways to resolve this entire mess.

    But, to this post.

    1. Hooker means nothing. The Court simply reversed previous decisions and remanded back to the lower court for further action. Decisions were based upon Brandrup, which was a “clarification” of issues submitted. These related to assignments and the role of MERS as beneficiary under OREGON LAW ONLY. It means nothing elsewhere.

    Brandrup did not rule that the loans never made it into the Trust. It only ruled that MERS was not a beneficiary, nor could MERS apparently execute assignments or even foreclose in its name.

    Brandrup did say that the Notes were transferred under UCC and that such transfers need not be recorded under Oregon law. But then things were left to the lower court to decide.

    2. The Erobobo case that NG posted was an Amicus Brief. In it, the filers wanted to be given permission to act as Amicus Curaie and to allow their brief to be admitted to the court records for consideration.

    Such briefs allow for other information to be presented to the court, beyond what is being argued between the two parties. It can be legal facts, opinions and other facts. It is up to the court to decide whether to allow it in, and what weight to be given to it.

    So, what has been posted is either relevant to Oregon only, or else is simply someone else submitting opinion that may or may not be reviewed.

    Wow!!!! That is certainly some “great stuff” NG has posted. It will really help you a lot…………..sarcasm off……

  5. Look at the post showing KingCast and Mortgage Movies Present…. Foreclosure: Dirty Hallway Court Video in Geary v. Quality Loan ING MERS et al Court of Appeals.

    Coincidentally, a short sale deal is ready to close this week, Now, at the last minute, the Fidelity Title is requiring the loan service agent to produce a letter establishing that it has the right to issue the short sale payoff. “I shit you not”

  6. The vast majority of PLMBS and Agency foreclosures can be dismissed. The lack of standing hides in plain sight, and is overlooked because attorneys do not take the time to review the from of Certificates Properly.

    Just a glancing review tells the entire story of what is occurring and why.

    TSMIMITW

  7. Although, the Erobo (friend of the court) brief points to many essential elements, and the truth, it stops short of two powerful arguments. I told everyone on this site back in 2008 that the collateral documents were never conveyed to the Trust. It was simple, Reg AB filings and NO initial Trustee Certification, No final Trustee Certification and no tax opinion Letter.

    I knew this because I tried to bring a whistle case back in 2007, and was quickly shot down, and than, personally audited in 2008 and 2009.
    That is why I have always said our government is complicit. So goes the private label shit.., so goes the agency pools. That is why these huge bond funds required the implicit tax-payer backing of the Fannie and Freddie Bonds, and not the notes or mortgages.

    The mortgagor is never challenging the PSA, the Plaintiff Trustee puts the PSA at issue, and the mortgagor simply shows the lack of performance pursuant to the governing terms.

    You must admit, very few agreed with my theory on conveyance back in 2008.

    For those who continue to doubt, talks have already begun in the banking / Washington community, to put forth legislation to usurp the rights of these several states, and clean this mess up through federal legislation, which Obama will sign on his way out the door.
    It will go something like this;

    “The economic recovery continues to hold steady, but many homeowners have not felt the true impact of the recovery and continue to be stuck in homes that are under-water”

    “The historical real estate cycle has been forever changed due to these factors, and many homeowners remain trapped, unable to move forward with the American dream.” “Because this stagnation produces higher borrowing, our children will be shut out because the costs to purchase a home remain high.”

    “This is not a time to look into the past. For the sake of our children and the need to push the economy forward, we are all committed to taking the next step, putting this economic downturn behind us, that is why I am proposing legislation to…
    ..
    This will be echoed by the scum-shot Senators and Congressman, and the peeps will be going to the streets through the federal process, and not pursuant to state law.
    TSMIMITW

  8. @ Deborah Wynn …

    It’s Coming .. (Neil , I’d include a passage from the Torah if I knew an appropriate one..)

    ***************************
    The LORD shall roar from on high, and utter his voice from his holy habitation; he shall mightily roar upon his habitation; he shall give a shout, as they that tread the grapes, against all the inhabitants of the earth. A noise shall come even to the ends of the earth; for the LORD hath a controversy with the nations, he will plead with all flesh; he will give them that are wicked to the sword, saith the LORD. (Jeremiah 25:30-31) And again, For the hour is coming, in the which all that are in the graves shall hear his voice, And shall come forth; they that have done good, unto the resurrection of life; and they that have done evil, unto the resurrection of damnation. (John 5:28-29)

    It won’t do any good to talk back. Can you imagine standing at the foot of Niagara Falls and arguing with it?

  9. See everyone has a point of view – but there’s only one truth
    It’s gotta have its day because it does – always

  10. AMAZING , nothing from TNHarry or Gene yet…

  11. My bad I stopped reading to deal with a few things and my comment was a tad bit pre-mature,sorry and keep up the good work.

  12. Im wondering how the judges,the lawyers,the regulatory bodies arent getting it?Do you really think that these players are being fooled?I very much respect the amount of time and energy and soul you put into your blog/site but that would be very silly to think.This is about the CHANGE in your country [U S A ]you are loosing your constitutional,god given rights and the laws are now made for the people by the other people and thats that.

  13. If You never signed the Commitment to the Approval form, is the Mortgage Illegitimate ?

  14. Consider how many thousands had the same judgements against them- but they are unaware of – from fraud nothing can follow and no SOL until it us discovered, how can the clock tick if you are unaware of the fraud. The people of Arizona should go down to the state court and check the record which is how I found out about this ridiculous judgement initiated by a foreclosure mill atty – need massive class actions against these foreclosure mills that have trashed our land records.

  15. This lines up with my cases – one up on appeal with the supplemental facts regarding a judgement ( to complete that incomplete record ) That I have a motion to set aside in state court, to void the judgement Thanks Neil.
    Baby step by baby step. God is good all the time.

  16. Thanks man I’ll read up on this today. Meanwhile here is some more 9th Circuit shenanigans from Court yesterday. Bishop, White at their best. I think it kind of irks them to deal with me in Mediation and then see me pointing a camera at them. Such is life.
    http://mortgagemovies.blogspot.com/2014/05/kingcast-and-mortgage-movies-present_13.html
    Tuesday, May 13, 2014

    KingCast and Mortgage Movies Present…. Foreclosure: Dirty Hallway Court Video in Geary v. Quality Loan ING MERS et al Court of Appeals.

    This is part one, which is more telling than the actual courtroom video in which the bench seems to take a different tack than the bench I observed in Bradburn v. Recon Trust. The actual courtroom video is coming soon, however. The thumbnail is the first paragraph of the Geary Appellate Brief. In this case we’ve got all the major players, some of whom screwed the pooch in an earlier case as described in this video. More pictures and video to follow in this space. Enjoy.

    PS: Bishop, White Attorney Barbara Bollero, above, emphasizes that the Deed of Trust Act (DTA) allows for post-hoc recordings of crucial documents. Some would argue that the DTA is in and of itself, Unconstitutional. Watch attorney Scott Stafne and I discuss that matter here.

  17. I think the CA judges might ‘get it’ if a proposition passed that stated that all real property of state judges, active and retired, will be encumbered by the state as a security for damages to homeowners as a result of specious and vacuous decisions relating to rights of clear title to property in California.

  18. How do Fannie and Freddie foreclose on homeowners when they are never assigned mortgage , even though they are “investor” since day one of the loan ???
    Hey Fannie, Give back the houses you stole !!!!

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