Yes Foreclosure, Displacement, Eviction is Still a Crisis — Just as Strong as Ever.

see http://www.salon.com/2015/05/31/foreclosed_nation_wall_street_the_dispossessed_the_quality_of_american_democracy/

Salon.com has published an article by

I had just about given up on mainstream media to start writing about the truth about foreclosures. Suddenly we have two writers putting together a story that tells it the way it is. The only thing I would add is that the banks have successfully created the illusion of a declining problem. The fact is that the number of foreclosures is going just as strong as ever but it is being managed by the banks so that it does not scream “emergency.”

If those affected by foreclosure were a voting bloc, we’d treat the crisis as the ongoing emergency that it is

The fact remains that those were most affected by foreclosure have less opportunity to vote. Their lives torn asunder by illegal mortgages, fraudulent foreclosures and even more fraudulent auction sales of their homes, they find refuge with friends and relatives but it is only temporary. I would say that if those who have been or will soon be affected by foreclosure were hit with this monster all at the same time, we would treat it with perhaps as much urgency as 9/11. But because the numbers are controlled by the banks as they switch from one geographical area top another, they are able to get articles published in one area about how the foreclosure crisis is over when in fact it is full steam ahead, taking the country as a whole.

So here is a little tidbit you should know. The entire securitization thing was a sham. Investment banks are giggling over the fact that they pulled the wool over everyone’s eyes, perhaps with the help of the government they control. Here is the truth of it, as far as I can tell, and I am certain of this based upon interviews, background info, and my own digging: with securitization the investment banks ushered in a new era where they created initial public offerings of securities issued by private trusts, sold them to pension funds and other investors and then, remarkably, kept the money instead of turning the proceeds of sale of MBS to the Trust. Yes they did an IPO and they have kept the money from the proceeds leaving the trusts and the holders of securities issued by the trust, in the dust.

It might take you awhile to wrap your brain around that. But once you do, you will probably know as much as I do about securitization and securitization fail.

35 Responses

  1. @rinkmom6….I feel bad for you, same thing happened to me, its called corrupt, ignorant, scammers, parasites that we deal with, I suggest you to write the the Justice Dept and keep writing as they will blow you off, get all info out to the public. totally disgusting Lawyers, and the system.

  2. @ rinkmom keep hanging on to your faith this is much more than a fight for our homes

  3. @ trespass interesting posts that can apply to my local government adventure. Am in state court where i’m being charg ed w criminal complaint on property repair compliance. Meanwhile laws on foreclosure and blight would have prevented the complaint and further damage and financial harm. I see it as case both tenant and I have been harmed but bank and gov’t interests are being protected. Long story but in process government agency has collected rental funds that can resolve issues but denied requests. I’ve asked public defender to ask judge to order release but claims not in judge’s jurisdiction. No la wyer seems to get it as w foreclosure. Going to research mandamus approach.

  4. @elexquisitor we’re all frustrated but u can’t fall into their divide and conquer manipulation. It’s not kumbaya it’s common sense which is also a basis of our constitution and democracy.

  5. @ Louise RICO has been dismissed but seems to be making a comeback w recent cases. Could be another domino w TILA, Ocwen etc The posting of stories, protests etc are great but it comes down to one case one house at a time. If we’re at a tipping point if we get coordinated we can form this bloc The article is talking about.

  6. @ Deborah just like they spread their cancer of greed we can be the ones to spread the truth with our basic facts and experience. And example Im thinking of is they did their Independent Foreclosure Reeview let’s do our version and ask lawyers, politicians to hold people accountable on OUR findings. This could get deep and we can get into later. But basically enforce our democracy and constitution.

  7. A blast from the past
    https://livinglies.wordpress.com/2010/06/21/writ-of-mandamus-the-right-procedure/

    Mandamus
    A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F.3d 1096.)

    Rules on mandamus and similar orders vary by jurisdiction. In the federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge’s decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct his earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.

    Trespass Unwanted, Creator, Corporeal, Life, Free, People, State, Independent, In Jure Proprio, Jure Divino

  8. the war powers act of 1933
    a rabbit hole
    you are the enemy of your own govt – who the heck wrote that up and why?
    How can I be declared an enemy before I am born?
    Reminds me of Minority report, is pre-crime stuff real?
    My grands yet unborn are enemies before they breathe their first breath?

    youtube
    search for hI7rrVHBfqU

    Trespass Unwanted, Creator, Corporeal, Life, Free, People, State, Independent, In Jure Proprio, Jure Divino

  9. This one day im sure our great grandchildren will be learning about this on whatever way history will be taught.We lost two homes but our main home we had been in for 24 yrs,spent over 100,000.00 adding on and other improvements for B of A and their other bank buddies to steal from us.I fought and fought,ruined our credit fileing a BK that we were lost in the system for two yearz,charged with abuse and fraud the lawyer bailed and I represented us and everythig was dismised.But many I have found dont really understand what these banks have done.We lost almost everything we have worked for because the agent for the bank said we didnt own our personal property once we were evicted.Almost everything was stolen and when we would catch people taking stuff and call the cops……they came right away…..didnt care that people were in the house taking stuff,they cared more that we were trespassing. ?……unreal.But above all I could live with all that……What I cant live with is how it destroyed our family!!How the banks destroyed my family.We have six boys our youngest then was 12,My children,family, friends always trusted me and valued what I had to say,but after losing 2 homes,thats all changed and no one trusts me,most of all my children who are so hurt that the only home they ever knew was gone,watching people walk away with their personal stuff they had for years and slowly they began blaming me cause I ciuldnt stop it.My children are distant,never ask what I think about things anymore,dont share anything,and have flat out said I cant be trusted!!! Well if I do anything before I leave this world it will be to set things right with my family.But how dare these banks get away with tearing families apart like that!!!Bank of America…PLEASE SHOW ME WHERE IN THE LOAN PAPERS YOU HAVE THAT RIGHT??? ONE CHILD STARTED DRUGS ANOTHER HAS A DRINKING ISSUE, 2 OTHERS DROPED OUT OF SCHOOL CAUSE THE EVIction played out in front of thousands….AS THE SCHOOL THEY ATTENDED WAS JUST DOWN THE STREET….AND SCHOOL WAS BEING LET OUT THE SAME TIME THE SHERIFF WAS THROWING US OUT!!!
    WELL THATS ALL NOT OK YOU THIVES. ….ISNT IT ENOUGH TO STEAL PEOPLES HOMES????BUT TO STEAL THEIR FAMILIES AND FRIENDS??
    I BELIEVE GOD IS JUST AND EVEN IF I GET NO RESULT ON EARTH HE PROMISES YOU ALL WILL SPEND YOUR ETERNITY IN HELL!! ISNT THAT GREAT YOU AND YOUR PARTNERS IN CRIME WILL BE THERE TOGETHER…….JUST BURNING AWAY!!!THAT DOES GIVE SOME COMFORT. …..BUT REALLY YOUR ALL A BUNCH OF Little CHICKENS,BIG ENOUGH TO COMMIT THE CRIME BUT NOT BIG ENOUGH TO OWN IT???AND I THINK THE GOOD NEWS IS THESE JUDGES WHO NEED TO BE FIRED FOR NOT KNOWING THE LAW AND DOING THEIR JOBS AND HURTING SO MANY HOMEOWNERS BECAUSE OF THEIR LACK OF KNOWLEDGE WILL BE JOINING YOU ALL IN HELL TO.I SURE HOPE YOU ALL HAVE A GOOD TIME THERE.

  10. @Hammer (… you ignorant sl*t [SNL]). I posted this out of exasperation because these same results have appeared in the tentative rulings time and time again. For a couple of years I carefully posted them to the web so others could avoid the pitfalls and the legal pressure could be focused on what works, instead of wasting it on what doesn’t work. What doesn’t work is not to challenge the equitable decision being reached before the question of law (standing) is resolved. As the recent clarification of Livonia in the recent Cir. Ct App determined, if an unauthorized party representing themselves as the beneficiary declares the default, THERE IS NO DEFAULT!!! It’s a question of law that needs to be considered before questions of equity.

    Meanwhile, you’re assembling the sheeple around the campfire to sing Kumbayae, and encouraging the wool-gathering among them. It’s a shame you don’t understand this, because it bodes ill tidings for your efforts.

  11. Excellent blog and story Mr. Garfield. The foreclosure scams by banks have destroyed the lives of many Americans and have displaced them. Thanks for publishing this.

  12. H, we are all interested. We must get the wave going and nail them on RICO if we can. It is all RICO.

  13. The guy that prosecutes the bankers – i mean really honestly goes after them, the higher ups not just the low hanging fruit will get votes. The people need to take their money to local,credit unions where they do their own underwriting for starters.

  14. And hammertime
    If people move in this direction the council will have to be big and the best with huge you know whats and hence people such as Neil could be instrumental.

  15. Heres another rub and what is prejudicial to the poulation ! and i know i go on a bit re the 1099a but if its issued by non lender( servicer) claiming to be lender and claiming full amount against my name regarding a loan they never put up a dime for how many others did they do that to, then add that up with all the tax paying dollars given to the banks already. Now if that’s not in the publics best interest i dont know what is. Just saying.

  16. @ Terri you hit the nail on the head. I’ve approached Garfield and others and am gerring ready to try again as I fight off another sale and gov’t action against me. By coming together I believe there is a middle ground approach we can take before getting trapped in courts. I’ve been contacted by around 20 people w “extreme” cases along w mine where there’s abuse in courts, bk, local government and non profits which in effect deprives us of due process and property as well as other basic constitutional rights. I will post a way to get in touch if interested.

  17. Remember elections are coming up

  18. See Terri i hold a similar view they just need to be reigned – in the 99 percent are harmed ECONOMICALLY

  19. Criminal prosecution, class actions etc and even the focus on securitization keeps us in the Courts and political trap.This has been a matter of basic rights and predatory lending all along. As long as you go along with sub prime and people of color as the ones to blame or root cause you’ll never get it and continue being the deadbeat scapegoats. We have some powerful tools like Supreme Court/TILA and ADMISSIONS and REQUIREMENTS in settlements we ignore because we’re busy ranting and raving about Wall St and Government. Garfield has reminded us from time to time but most bank victims, middle class don’t get it and prefer to be lone wolves and ask banks for help. It’s pathetic or we have the same cancer of greed.

  20. Since the gov cut a deal with the 5 Big Boys, does that make them immune to repercussions from lawsuits (individual or class action) from people already displaced or on the long, tragic, tortourous road to displacement? Considering recent decisions in favor of more homeowners and overturning of cases previously won by the banks due to the growing evidence as to exactly what the banks pulled, it seems it would be worth the while of a group of smart Attorney’s to take a lesson from the harmful drug guys ( actually let’s include the personal injury guys like Neil said….there are people who died because of these wall street cockroaches)..and mount a campaign to contact as many Americans affected by this as possible. This would serve a threefold purpose. They would make tons of money without a lot of cost to those already devestated by Wall Street greed. (collect $10 from 10 million clients….hmmmm…thats a cool billion upfront, no? That should fund the case easily.) Then ….they will be written into history as the heros of the nation….even if it ENDS to big to fail and slaps the hands of the gov in the process….it is my firm belief that ultimately our nation will be the better for it….heck….we’ll have all the bankster money to spend!!! The economy will start spinning so fast it’ll take off like a helicopter! And lastly, these brave men and women who choose to step forward for the rest of us will have the incredible self satisfaction for having done so…. Sounds like a plan to me…what do you think? Social media has made the Nation your client…it’s the right thing to do…..strength in numbers….and maybe those missing votes too. Lets pull those poor people back from disengagement and disillusionment… Ok, you can remove the soapbox now…

  21. @elexquisitor you don’t get it, your kind of prejudice helps keep us divided and abused. Every part of the country’s been hit and every demographic targeted including seniors, veterans and every income group wake up!

  22. Look! Real legal ruling from trial court! And another CA homeowner (w / legal representation, no less) gets kicked to the curb …

    “Further, Plaintiff has not alleged “facts showing that [she] suffered prejudice as a result of any lack of authority of the parties participating in the foreclosure process.” (Siliga v. Mortgage Electronic Registration Systems, Inc. (2013) 219 Cal.App.4th 75, 85.) (See also, Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 272 [Prejudice is not presumed from ‘mere irregularities’ in the process.])
    Finally, “‘Because of the exhaustive nature of this scheme, California appellate courts have refused to read any additional requirements into the non-judicial foreclosure statute.’ [Citations.]” (Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1154.) ”

    So a party who is not the beneficiary can still elect to foreclose non-judicially, and it is only an ‘irregularity’.

    Unbefrackinleivable!

  23. You know its time for class actions
    Where are the big class action firms
    How about you try to set that up Neil, ill help and im sure others would too
    It may be possible to pierce the corp veil under a foia request also. individuals dont stand much chance being the much weaker party.

  24. Things would never have gone on this long in the litigation of these cases if discovery had been allowed.

  25. Instead of prosecuting banksters for stealing homes, this is the Mexifornia solution –
    http://www.mercurynews.com/california/ci_28230713/sleeping-cars-punishment-prohibited-california-bill-sponsored-byffff

    I know. How rude. 3 posts actually on topic.

  26. Do not understand, makes no sense ?

    I sign a prommissory note $82,900, Appraisal $94,000-February 18, 2005.
    ReconTrust and Bank of America January 2014 lower the price to $32,500. I file Chapter 7 Bankruptcy January 31, 2014 (to stop foreclosure Feb 4, 2014. July 23, 2014 discharged Chapter 7, no objection.

    This loan never put in REMIC CWABS Inc Ass/Back 2005-3.

    Attorneys coming after me, and going to foreclose on me December 2, 2014. I file to “reopen a closed Banktrupty November 25, 2014.

    Attorneys came after me for $101,000, foreclosed on me December 2, 2014.

    Bank of America did not file in REMIC, they owe 115% of $82,900 which is $95,335 tax (prohibited transaction).
    Trustee owes $82,900 tax, as transferor/ Donor I have that right to tax transfer.
    Plus all income from paid out since April 25, 2005 taxed at 100%, unknown wild guess 80,000 to 90,000 taxed.

    Bank of America owes $258,235 in taxes (80,000, 82,9000, 95,335), they do not pay their taxes. They cover it up.

    A person has to know tax law, real estate law, accounting and real deep research.

    More than deep into the rabbit hole, rabbit hole to center of the earth.

  27. They took our HOMES and asset stripped anyone who could fog a mirror.

  28. Another self-portrait of an investment banker on the sidewalk in NY. I wonder if his investments were in MBS held in the Bahamas from where he recently returned from vacation. http://nypost.com/2015/05/28/man-falls-to-death-outside-luxury-building/

  29. Investigate Wall Street, Prosecute Wall Street, Incarcerate Wall Street.

    The banks do not LAWFULLY own any borrower’s debt.

    Any borrower has a god-given right to face those that claim to own their debt.

    Presently, each and everyone of US is being denied the discovery that will prove, beyond doubt, the banks are systematically engaged in any number of fraudulent, counterfeit, intentional deceits.

    The use of the MERS, as a privately-owned, electronic repository of land titles, is an intentional, manufactured deceit designed to deny discovery in distressed property proceedings.

    The foreclosures must go forward or the 682 Trillion Dollars in “Notional Derivatives” will come due and the central banks will then be proven in their insolvency.

    The “Notional Derivatives” amount of 682 Trillion Dollars reflects the amount of “short-sale bets” central bankers, in every country, across-the-globe, have placed against distressed borrowers and their ability to pay their mortgage.

    The scam is a deliberate “Boom – subprime lending” and “Bust – foreclosures predicated upon fraud”, “Cycle” that has been engineered by the international, central banking, criminal cartel that has taken up residency in the US central bank: the intentionally mislabeled “Federal Reserve”.

    The “Federal Reserve” is neither “Federal- instead, owned by private, foreign bankers”, nor does it possess any “Reserves- our money system is based on debts created out of thin air”.

    The bankers then take those debts, to which they themselves have given zero “consideration” and collect very real interest payments, in very real American Dollars.

    The bankers also claim ownership to whatever collateral is used to “secure” those debts; for example: American Homes.

    Since 1913, the dual mechanisms of the “Federal Reserve Act” and the “16th amendment” have conspired to empower the international, criminal banking cartel to the detriment of the US Dollar and the American People.

    Our financial system, predicated upon the US Dollar (what is referred to as the “International, Sovereign Currency”) has been used to spread the cancer that is the central banking scam while it has established the IMF and World Bank.

    In each instance, modeled after the intentionally mislabeled “Federal Reserve”, the IMF and World Bank promote international extortion and they use the strength of the American Dollar to do so.

    For example, the central bankers have proven their ability to target the currencies and economies of Russia, Asia and Mexico, to name but a few.

    The devastation left in their wake has created an international proliferation of enemies to the US that is best described as “of Biblical Proportions”.

    The US has been intentionally sabotaged and it is the design of the central bankers to strip US of our property rights in order that We The People be left “holding the bag” for their multiplicity of deceits manufactured over the past 100-plus years.

    We have squandered our birthright.

    Article 1, Section 8, of the Constitution explains: “The Congress shall have the power … To coin money, regulate the value thereof…”.

    … Nowhere does it say a “foreign, criminal, usurious banking cartel may place themselves athwart our currency system and then extort payment from the American People”.

    Article 1, Section 8 also says: “The Congress shall have the power … To provide for the punishment of counterfeiting the securities and current coin of the United States…”.

    I suggest We The People get on with it.

    First, these traitorous filth have counterfeited and debased our currency, now, they are in the process of counterfeiting the titles to our ownership of the land beneath our feet.

    They are involved in this process in order to conceal their treachery and to mask the fact they are altogether INSOLVENT ACCORDING TO THEIR OWN RULES.

    The only way out for them is to force the foreclosures.

    Investigate Wall Street, Prosecute Wall Street, Incarcerate Wall Street.

    Plant more acorns, We are gonna need more trees.

  30. I totally get it. America will never be the same JP morgan chase reneged 2 loan modifications with me and used their stall tactics to drive me further in debt. they put me in a forebearance for 8 months and I have not seen where those 8 months of payments went. I complained to the cfpb. the amt that they said I owed in broward county court and the amt they sent to cfpb are way different from each transaction report plus they don’t even show the first payment I made when I refinanced with chase. the bank was keeping the money either because they were the note holder or they did not know who to pay (the investor) or they just didn’t pay the investor. what ever way it was , I want credit for all those payments I made when chase led me to believe that they would work with me and that I qualified for a loan mod. the American dream of home ownership has been flushed down those bankers gold toilet. I saw another banker killed himself the other day. how many does that make now. cant live with their guilt. one by one they all will go down. Jamie dimon’s throat cancer, light up another stogie Jamie. I hope he dies a miserable death, the American dream has because of greedy bankers like him. Date: Tue, 2 Jun 2015 12:56:39 +0000 To: lsnider52@hotmail.com

  31. The Thomas Adams affidavit is a torpedo hit below the water line in the pending Glaski case and received a response from banksters yesterday. It indicates criminal activity by the defendants named in the case, and introduction of fraud upon the court. Combined with another case, such as Kalicki, and any other homeowner’s case, you have more than enough to show a pattern of criminal activity.
    From A-man – http://msfraud.org/LAW/Lounge/Glaski_Affidavit-Thomas-Adams_5-15.pdf

  32. Reblogged this on California Freelance Paralegal and commented:
    If the people affected by foreclosure were a voting bloc we would treat the crisis as the ongoing emergency that it really is. Excellent post by Neil Garfield commenting on an article on Salon.com and pointing out that the big banks are hiding the truth about the number of foreclosures.

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