13 Responses

  1. To ALL,

    Whenever you get to feeling low, or lose confidence, or don’t know where to turn….I strongly recommend you relax and spend two full hours listening to Parts 1 & 2 of Mandleman Matters’ audio interview with Nye Lavalle and Max Gardner.

    http://mandelman.ml-implode.com/2012/03/max-gardner-nye-lavalle-together-in-concert-a-mandelman-matters-podcast/

  2. @Ian,
    Nothing to cite on this. But, I made the claim that something was wrong (conflict of interest, agency law, collusion, et al) when, for a $25 annual fee, anyone could assign/sign anything to anyone for any reason. And, when that someone was an employee of the Trusts’ Servicer (whom is actually bringing _this_ suit), the reason is to attempt to make the Trustee the beneficial party and the paper is _MY_ mortgage, then I’m going to call foul.

  3. Can anybody see the similarity MERS and Clinton E mail server?

    Except that they are both allegedly owned by the banksters

    Both are used to bipass transperancy and government recordings

    Etc……….

    Remarkable

    Bought the book

  4. E.Tolle- not much written about “corrective assignment of mortgage”- no case law, no rules or regs, a few references to them here and there, but nothing substantive.
    I don’t see how they are allowed- isn’t there an arms’ length transaction rule? They are “correctively” assigning mortgages from themselves to themselves, either directly or via MERS. Anybody else have anything on this?

  5. You have to prove there are forged or fabricated documents. You can only do that if you have evidence of them, to where you say, they provided you with those documents. You can’t prove what someone’s intent is, but you can prove whether they broke the civil rules of procedure.

    In early lawsuits, they didn’t abide by the rule – Agreements must be in writing- have the affidavit that they worked for the client they were purportedly foreclosing for, and civil procedures state they had to have that in the case.
    They didn’t abide by the rule – Attorney must show authority – I had yet to see a proper power of attorney filed where someone working for the mortgage firm had authority to give an attorney authority to sue on behalf of the mortgage company. I think only the in-house attorneys have authority to act for the business, and I have stated that before, but still there is a rule of civil procedure that says they have to show authority.
    Attorneys don’t have immunity, judges have immunity as soon as they have jurisdiction over both personal and subject matter AND as long as the judge acts judicial.

    Definition of acts is not the same as is
    The above statement is not as long – as the judge is judicial.

    If a judge has jurisdiction over the subject matter and person and in exercising this jurisdiction performs a judicial act, he is immune from civil suit even if he acts maliciously or corruptly. Cadena v. Perasso, 498 F.2d 383 (9th Cir. 1974); Jacobson v. Schaefer, 441 F.2d 127 (7th Cir. 1971); Sullivan v. Kelleher, 405 F.2d 486 (1st Cir. 1968); Sires v. Cole, 320 F.2d 877 (9th Cir. 1963); Wade v. Bethesda Hosp., 337 F.Supp. 671 (S.D. Ohio 1971); Huendling v. Jensen, 168 N.W.2d 745 (Iowa 1969).
    Pierson v. Ray , 386 U.S. 547, 87 S.Ct. 1213 (1967)

    A judge is liable for injury caused by a ministerial act; to have immunity the judge must be performing a judicial function. See, e.g., Ex parte Virginia, 100 U.S. 339, 25 L.Ed. 676; 2 Harper & James, The Law of Torts 1642—1643 (1956). The presence of malice and the intention to deprive a person of his civil rights is wholly incompatible with the judicial function. When a judge acts intentionally and knowingly to deprive a person of his constitutional rights he exercises no discretion or individual judgment; he acts no longer as a judge, but as a ‘minister’ of his own prejudices.
    Pierson v. Ray , 386 U.S. 547, 87 S.Ct. 1213 (1967)

    (“No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.”) (quoting United States v. Lee, 106 U.S. 196, 220, 1 S.Ct. 240, 261, 27 L.Ed. 171 (1882)). Lutheran Day Care v. Snohomish County, 119 Wn.2d 91, 829 P.2d 746 (Wash., 1992)

    A person acts “under color of law” when the person acts or purports to act 1) in the performance of official duties under any state, county, or municipal law, ordinance, or regulation;
    2) in some meaningful way either to his governmental
    status or to the performance of his duties; or
    3) under pretense of his governmental status.
    Pool v. Corter (Wash. App., 2016)

    The judge who presides over the court, the clerk who keeps a record of the trial, and the bailiff who performs his duties, are sworn officers, and until their authority to perform their appropriate functions is questioned, their authority to act is assumed. State v. Lane, 222 P.2d 394, 37 Wn.2d 145 (Wash., 1950)

    It goes to show ignorance of the law is not bliss for us, and bliss for them, because as long as we don’t know, they haven’t done any thing wrong.
    Crazy, huh.

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

  6. Dr. David B. Starkey ,, I’m with you but the lawyers have immunity ,, all they have to do is say they trusted their client and didn’t examine the document… do you really think a judge (another lawyer) is going to touch them?

    Neil , if you read this we need an attorney or attorney group in every state willing to go on the record with RECORDED “Attorney Opinion Of Title” statements regarding the invalid assignments and in my case the proven (in federal court) fact that the alleged lienholder is a stranger to the note.

  7. As I have said before. Perhaps we need to report the lawyers that proffer the forged and fabricated documents to the CIA and the FBI. There is a statute that says that one is breaking the law if he/she does not report fraud/counterfeiting/forgery that they are aware of. So we are compelled by the word of law to turn in the lawyers that bring in counterfeit notes into the court. Perhaps if this is done there will be fewer lawyers willling to proffer fraudulent documents. Start with the head of the firm and the partners and finally with the puppet that is standing in the courtroom telling the judge “I have the note right here”. Has anyone seen the Judge look at the note they proffer. My Judge had more than 10 opportunites to examine the so called “note” and he never looked at it. Why??? Because he knows it is a fraudulent security that has been counterfeited and forged and if he picks it up he can be charged with dealing in fraudulent securities.

    Before my Mom died she said to me: “David, there used to be the nobility that did as they pleased and the surfs that paid the price. Today it looks different and seems different but it isn’t. There is still the Nobility that does at it pleases and we are the surfs that pay the price.

  8. I bought the audio book because of my travel time to work. It was exceptional. I have been fighting the bank for 6 years now and had no Idea that others had been working on it since the 90’s. The disheartening aspect of the whole situation is that literally thousands of forged and fabricated documents have been shown to the court. The court knows the banks are committing fraud and forgery and our justice system sees fit to destroy the little man and no justice is dispensed. It is difficult to realize that the whole system is corrupt. You wonder how to teach your children. Do you teach them how to lie cheat and steal or to be honest and trustworthy? The book is very good especially for those that have been following Neil and have been in the battle.

  9. Saturday 11 June 2016

    David Dayen wrote a compelling book about FC, and I would highly
    recommend it for a good read. However, David Dayen is not an expert
    on foreclosure.

  10. I to am the apparent victim of this B of A B of Mellon fraud on one of my loans the the other 4 were allegedly sold/transferred/endorsed in blank by known “robo signer”, but Colorado has Rule 120 that many claim is unconstitutional- and gives borrowers NO standing!!! How to you like that friends. After complaining to the inept, totally dysfunctional CFPB (nearly 4 feet of correspondence that I copies them on with nasty old Bank of America. Funny how Senator Corey Gardner of Colorado supposedly had someone speak with FNMA and get what I had been asking for from Bank of America in just 2 Weeks (Not FIFTY SIX MONTHS and still counting from nasty fraudulent B of A), but I was already in foreclosure on this one property so now we have the “dual tracking” that is supposed to be against both state and Federal law, and now everyone has looked to other way, including Senator Gardner, as I had asked for help with my other 4 loans that are worthless because the loans were never transferred to B of A when they supposedly purchased Countrywide back in 2008 and all my five loans were originated by CW. We all have to stick together and get the work out everyone and with anyone who will listen. Semper Fi and a big THANK YOU to Neil and all the others who are doing their best to bring this to light again. Have not read Dayen’s book as I can’t afford it or the very much needed forensic chain of title searches that Andrew at Certified Forensic Auditors are pushing and they don’t help broke retired Vietnam Veterans like myself- anyway great job guys and keep up the great work and don’t get bought out like the Morrows in the Supreme Court Ruling in Montana.

  11. You see, an instrument can be corrected…. IF….. based on mutual mistake, as determined by the intent of the parties (in the case of an assignment, this would be the assignor and assignee.

    This is not true always. When Bank of America assigned our mortgage to Bank of New York Mellon which acted as an alleged trustee for the certificateholders of CWABS,Inc., the assignment of Mortgage was received for recording in August 2011 by the town clerk but the alleged Assignment of Mortgage stated that it was recorded in March 2007. This is a clear cut to fraud and nothing could be done to change it as otherwise, that would be another fraud as well. This was a deliberate attempt to defraud a whole lot of people as the closing date of the CWABS Trust was March 2007. If the alleged assignment was done after the closing date, it would have become totally void by New York Laws on which the Trust was created as stated in the PSA. Also, there is plenty of of IRS tax violations as well by the alleged assignor.

    Write to Consumer Financial Protection Bureau for investigation if you are victim of this type of fraud. If they get enough complaints, perhaps, they may reach a Consent Order with the assignor to give away these affected homes for free as broken title stays broken.

  12. Very good E. Tolle

  13. “Once you break the Chain of Title, it is difficult to unbreak it.”

    Au contraire mon fraire. You see, in Minnesota, they have what’s called a corrective assignment. And since 99.9% of the people don’t understand complex issues such as Grand Theft and How the Banks Steal At Their Leisure, they simply bend over and think of the American flag while grimacing, all the while paying an attorney for the privilege of receiving worthless negotiated modification offers, which, along with the shape-shifting corrective assignment cement the pretend creditor into a (court sanctioned) bonafide criminal creditor.

    You see, an instrument can be corrected…. IF….. based on mutual mistake, as determined by the intent of the parties (in the case of an assignment, this would be the assignor and assignee.

    And the judges roll over their MBS-filled pensions and sip brandy with the opposing attorneys. It’s a nice gig if you can live with yourself. They have no problem with little things like honor and justice. Those are for the little people.

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