We celebrate our 4,000th article with the publication of this Post. 🙂 Thanks to all our devoted readers.
Those who fail to remember the lessons of history are condemned to repeat it. That is a paraphrase of an oft quoted statement. We are seeing it now. But the subtext is usually ignored which of course means we are condemned to repeat the cycles in which people rise to positions of power and use their platforms to achieve long- sought but never achieved world domination. Before now, we dealt with Hitler, Napoleon, and Roman Emperors to name just a few of the dozens of men that convinced their followers they were somehow superior to all other people, that mass extinction was acceptable, slavery was acceptable and that the symbols of their power should be lavishly exhibited in every home, business and government organization.
The lessons learned by each world dominator were learned by the next one — except the part about their ultimate failure. They controlled the new society with new rules, new laws, and new perceptions that built upon primitive notions held by most people of “them and us”. People were not only afraid to think in ways other than the new dogma, they adapted to it and accepted their fate. This is what Thomas Jefferson was talking about in the Declaration of Independence — that is in their desire to go on with their lives, people will endure many insults and suffer grievous injury to those lives before they rise up to change it.
The lesson learned in World War II by future world dominators was that putting one face on their strategy — a charismatic leader — eventually gives people someone to focus upon, and to eventually hate enough to kill. What we are seeing today is the results of that lesson. The economic crisis has altered our society. Our government is controlled by a group of almost nameless and almost faceless individuals who give the appearance of diversity. They are hiding their monolithic desire for world domination.
Like the frightful ancestors of this cycle, their ruthlessness grows with their power. Today they are enjoying that part of the cycle where they have cornered the market on raw power and have learned that military power alone is not sufficient to maintain their domination. They remain faceless dictators who manipulate the perceptions of the general population, the society as a whole, the business sector, and most importantly those who have their hands on the levers of power.
The result is that they have completely distorted capitalism into something close to fascism, with no one person to hate or admire. Their methods use our laws against the common good and their strategies focus on undermining the ability of anyone to challenge them. Today the handful of banks who control the U.S. economy and world commerce is providing a platform for domination of real estate without force of arms and natural resources without the need for military options (except as a diversion from their true purpose). These bankers are at the halfway point of complete world domination — and they have most people convinced that it is only market forces and the Law that is at work.
The truth is that market forces are not free, they are controlled by these bankers and we are all complicit in allowing it. The truth is that the law is not being applied and the bankers know it so they have devised a strategy of shell games that when presented to any challenger sends them down numerous rabbit holes in search of evidence of malfeasance. It is strategy of distraction so nobody looks at the reality of our existence.
One of those strategies that one Judge in Leon County suggested should be challenged and the subject of a seminar is the shell game of (1) changing lawyers, (2) changing servicers and (3) changing claimants in both judicial and non judicial foreclosure. They succeed to providing a confusing array of moving parts in a literal shell game where all the parts are exchanged for other parts without explanation. This usually starts with a motion for substitution of the Plaintiff in judicial cases or the Defendant in non-judicial cases. The result is not only unjust. It produces the forced sale of property to satisfy parties who are complete strangers to the original loan transaction — thus completing the circle of fraud successfully employed against the lenders and the borrowers. And the social perception is skewed such that neither the lenders nor the borrowers see their common plight.
But there is also a strategic purpose in “substituting” servicers, Plaintiffs, Trustees, etc. First. It presents a challenge to the court as yet another layer to an intentionally incomprehensible and confusing array of entities. The allegations against the old party are “simply” ascribed to the new party. The allegations by the old party are simply ascribed to the new party without explanation as to what transaction occurred in which a new “holder” was created or authorized to enforce a debt based upon a worthless note documenting a transaction that never existed.
Beyond that we have several cases in which I am lead counsel or an expert witness in which the “insertion” of the new claimant representing the banks makes enforcement of discovery problematic. The previous party had to answer discovery within 30 days. Judges are coming into the majority now where they are enforcing at least part of the discovery sought by the homeowner. The new party ignores the discovery because it isn’t addressed to them. The rocket docket causes the motion to compel to be heard too close to the time of retrial to get any real relief. Thus they avoid disclosures that would completely undermine the Bank’s claim.
The time for the next part of the cycle is already upon us. It is a daunting task. The entire maelstrom of illegal and wrongful collection of debt and Foreclosures has been directed by, controlled by nameless, faceless persons who are controlled through multiple layers of untouchables, much like the mafia.
Sue the investment banks and you pierce the multiple veils behind which they are hiding. For every $200,000 residential loan they have generally around $1,000,000 in potential liability to those who paid for the loan more than once, those who paid for the alleged loss more than once, and those who purchased mortgage bonds that were neither owned by the banks that sold them nor were those bonds worth anything. They were issued by trusts who were never funded, left naked without assets, money or income. And so an attack on the central players — the broker dealers holding themselves out as investment banks and commercial banks combined — will not only produce results for homeowners fighting these illegal and wrongful Foreclosures, but just as importantly reveal the soft underbelly of huge beast — the fact that about 1/3 of the their balance sheet is composed of these worthless bonds.
That means most of the the largest banks are already insolvent, the government knows it, but is complicit in this fraud upon the American investor under the dogma engendered by Too Big To Fail.
The interesting thing about all this is that most people understand how wrong this is while their leaders in state and federal governments look the other way. Those politicians who run against the banks will win their races soundly defeating even the most entrenched incumbents, who are owned by our common enemy of the state.
Filed under: foreclosure