The Barbara Bratton Story: Judicial Hypocrisy

Editor’s Note: There is something happening here and it is beginning to bother me more and more. A number of people have attempted to file papers in the county recorder’s office  in order to preserve their ownership rights to property that is either in foreclosure or has been the subject of a foreclosure sale. As I’ve stated on these pages most foreclosure sales are an illusion. Credit bid is submitted by a non-creditor  on behalf of other parties who are also non-creditors.

I might add that many pundits, writers, bloggers and lawyers have actually recommended to clients that they file any legally defensible document in opposition to a change in title or possession that would result from enforcement of fraudulent bank documents that are recorded in the public records. Our view is that the very existence of MERS is proof enough of fraudulent intent by the banks, their attorneys, the trustees on deeds of trust, and the other parties involved in the foreclosure and securitization scheme. Our view, like the oath that every attorney takes before becoming licensed, is that every effort should be made to advocate for the position of someone who is in an adversarial position. This does not include making false statements or recording false documents. But the issue becomes very cloudy when one side is allowed to file false documents and the other side is not.

The banks, and the law firms that represent the banks, have used their influence with local politicians and officials to snare these homeowners into a  legal nightmare. It is true that the documents that were filed are of dubious value, but that doesn’t mean that substantively they are wrong or false. The same could be said for the documents that were filed in support of the foreclosure and the foreclosure sale, except that we have ample evidence that many if not most of those documents are fabricated, probably forged, and refer to transactions that never occurred.

The hypocrisy here is beyond comprehension. We have proof and admissions by the banks that they fabricated, forged and illegally signed documents that were then recorded with the County Recorder’s office. The County recorder in Maricopa, Arizona for example, admits that the title records have been corrupted by the banks but for political reasons refuses to use her administrative powers to remove or tag the offending bank documents that were filed electronically from “trusted sources” which it turns out are only on the side of the banking industry including the banks themselves, their attorneys etc.

So we have, like the Bratton case, $250,000 bond placed on a person who filed a “Corrective deed” using her own name, and perhaps fabricating the existence of a twin sister. I agree. That was wrong. Any document that recites facts that are untrue should be corrected in the county records. Any document containing false statements that are known to be false at the time of the filing shows criminal intent. That is also unavoidably true.

The hypocrisy is that for the banks that filed documents containing false statements that were known to be false when the document was recorded, there not only is no action by law enforcement, but you have statements like: (1) the Arizona Attorney General who says that it is an acceptable shortcut and (2) Attorney general Holder who admitted that he didn’t prosecute because the banks were too big to fail.

I see novel defenses here (check with criminal lawyer in your jurisdiction before you use this):

  1. Estoppel and related constitutional argument of equal protection:  if law enforcement has decided not to prosecute a particular crime against a particular segment of the population then it should be stopped from enforcing that particular crime against any portion of the population. It might well be said that a homeowner could reasonably conclude that although a statute exists declaring a particular behavior to be a crime, that the state and local law enforcement agencies through a pattern of conduct have waived their right to enforce the statute. This is akin to an estoppel argument in civil litigation.  In criminal litigation the lack of prosecution by law enforcement as a matter of state policy can only be seen as a failure of due process and a violation of equal protection.
  2. Self Defense:  This might sound like a stretch and it probably is, but it is nonetheless accurate and applicable. If the banks are allowed to attempt to steal property through the use of fraudulent documents and the state policy prevents law enforcement from prosecuting those crimes, then out of necessity it may be said that a homeowner is exercising a right of self-defense by filing fraudulent documents in opposition to the fraudulent documents of the banks.

One way or the other needs issues are going to have to be addressed. If you look at each case on a strictly individual basis you will come to the conclusion that the homeowner did something wrong and should be punished. If you take a broader view, you will see that the homeowner did the only thing that was possible to stop the steamrolling banks from stealing her home. 

From Hopegirl2012 on Facebook
The powerful mortgage industry, that almost brought down the entire global economy with their casino mentality, continues to generate mountains of fraudulent documents to kick families out on the streets and steal years off of innocent citizens lives by keeping them entangled in ludicrous legal shenanigans.

Below is one of the latest stories of one woman, Barbara Bratton.

For Immediate Release
UPDATE: Barbara Bratton – Out On Bail                                                                    Defrauded Homeowner Jailed As Domestic Terrorist
Friday, June 28, 2013: San Bernardino, CA.
Homeowners’ rights advocate Barbara Bratton was released on bail early this morning after spending two weeks detained as a felon on charges of forgery, burglary and offering false documents for allegedly filing a corrective deed at the San Bernardino County Recorder’s office. Homeowners sometimes use corrective deeds as a preliminary step towards court recognition of systemic land title fraud on their home.
At a Wednesday hearing in San Bernardino Superior Court, Ms. Bratton’s attorneys argued that she showed no criminal intent, had no criminal record and posed no flight risk. Bail was reduced from $250,000 to $150,000. Terms require Ms. Bratton and her associates to stay away from her family home of 40 years as well as from the couple who wrongfully obtained the property from her.  A preliminary hearing is set for August.
Since 2008, Barbara Bratton, a native of the City of Ontario, CA. and life-long member of Mt. Zion Baptist Church in that city, has been engaged in a determined legal battle to win back her home. In an apparent attempt to intimidate her, the office of San Bernardino County District Attorney Michael Ramos accused Ms. Bratton of being a domestic terrorist associated with the “sovereign citizens” – a charge wholly without merit. She has never identified herself as a sovereign citizen, nor does she support their views.
At least six officers were assigned to assist the District Attorney’s office with the case. FBI agents were also present in court. Ms. Bratton’s arrest comes at a time of growing public dissatisfaction with domestic surveillance and other gross violations of civil and human rights since passage of the Patriot Act after 9/11.
Barbara Bratton believes in and is in full compliance with the U.S. Constitution, which is why she is fighting a strictly legal battle to win back her home. These trumped up charges appear to be a desperate attempt by county and city officials to divert public attention from the real crimes:  the powerful home mortgage industry [[1] ] that has generated mountains of fraudulent documents that continue to pollute property records in San Bernardino County – a county with some of the highest foreclosure rates in the country. Until land title fraud is weeded out from public property records, judges will continue to sanction illegal foreclosures and bankers and home loan servicers who nearly brought down the U.S. economy will go unpunished.
Look, they’ve tried to make this “too complicated” for most of us to understand for a reason. Let me break it down for you. But first I have to warn you. This is going to upset a lot of people, especially if you own a home, and most especially if you’ve recently lost it in foreclosure.
The titles to our homes are in our names and on the public record. When we “borrowed” our own money we gave a promissory note to the bank. The bank exchanged the deed and possession of the house for the promissory note. A simple exchange and an executed complete contract paid by Operation of Law. At that point you have a valid contract with consideration and exchange of valuable property.The bank then sells the promissory note, our value and property which we gave to the bank, into the open market in the form of a “security”. 70% of these securities are guaranteed or backed by Fannie Mae or Freddie Mac, or FHA, all government-sponsored enterprises (GSE’s). These GSE’s are now being held, insolvent (deemed unable to pay a debt), under the Federal Housing Finance Agency which has legal control over the BAIL OUT.So in other words, the bank took our value, sold it, decided that our value was a debt that we would never be able to pay and therefore worthless, and now our value is being held by the branch of our government – our employees – that gave even more of our value back to the banks in the bail outs.
When the bank sold the promissory note as a security, they were paid. The value of our promissory note was passed from the bank to the party that bought the security. But somehow, the banks still act like they are the ones with our promissory notes, and they proceed in making us pay 20+ years of mortgage payments for a value that they were already paid for, which they then deemed worthless after they were paid, not once – from the sale of the security – but twice, from the bailouts. The only party that could have any claim against our homes are the ones that bought our promissory notes from the bank. Yet the banks foreclose on us and throw families out of their homes out onto the street? Why? Because they need to be paid with our value a third time? How does that work??????
Honestly, I’m just stumped and at a loss here. Why are we not rioting over this? Why are we not outraged? How is it that women like Barbara Bratton and so many more of my close personal FRIENDS AND FAMILY are STILL going through this nonsense in court, when it is so OBVIOUSLY AND BLATENTLY WRONG????? INHUMANE!!!
Pass and share this story please. Help me help others to see the fraud here so that hopefully we can stand up to this and do the right thing! It’s time to take our value back from the casino lords!
Hope

 

Occupy Member Bratton Held on $250,000 Bail

In my judgment, based upon the scant facts and documents supplied to me this far, there is no doubt that Bratton DID own the property and probably still does if the law is applied properly.

I know of cases where probable cause was found for Murder and the bail was set less than that. The calls and emails keep coming in and I can’t say that I have a total picture of what was really going on here. But, based upon what I have the current story is this:

Bratton is one of the members of the Occupy movement. It may be true that the Occupy movement has been put on a watch list or even the terrorist list which might account for the high bail. I have not been able to confirm that. But it seems that some inference of that sort was used in getting bail set at a quarter of a million dollars. If so, the government is confusing (intentionally or otherwise) the Occupy movement which is a political movement within the system allowed and encouraged by the U.S. Government — with the sovereign citizen movement for which I have taken a lot of heat.

The sovereign citizen concept is a contradiction in terms. If you are a citizen you are subject to the laws of the jurisdiction in which you are a citizen. If you are “sovereign” then you are announcing that you are outside the bounds of the rules, regulations and laws of government. It would seem to me that the use of the word “sovereign” might be tantamount to renouncing your citizenship and making you an alien, subject to the immigration and naturalization agencies of the Federal government, which is a Federal question, not a state question.

From what I understand, Bratton acted as a pro se fighter against an illegal taking of her property by U.S. Bank, who will probably disclaim knowledge of the event when the heat turns up on this news item. My experience is that where claims of securitization are involved and U.S. Bank is a key player, virtually everything is false, fabricated and illegal — including the notices of default, notices of sale, the “auction,” the “credit bid” and the deed issued upon “foreclosure” of the property based upon the alleged sale. Judges find this hard to believe but the facts are coming out as the tsunami of whistle-blowers has just started.

My opinion is that the deed issued on foreclosure is VOID (not voidable) if there was no consideration. Check with a lawyer in your jurisdiction before you act on that. If the party submitting the “credit bid” has no proof that they paid for the origination and/or acquisition of the loan, then all their actions constitute the same value as a “wild deed” which is customarily ignored by title examiners and title agents.

If in fact the situation goes to as far as establishing that no transaction occurred in which a purchase or funding of the loan occurred then fraud, utterance of a false instrument and the rest of the charges pending against Bratton now actually should be brought against U.S. Bank and the other parties that contributed to the plan leading to theft of Bratton’s title!?!

It is the latter situation that in my opinion is the dominant permeating fact pattern throughout the financial industry in which they put CLAIMS of securitization ahead of proof that it ever occurred — as a cover up for a racketeering scheme using a PONZI structure (new investments used to pay off old investors).

Based upon the facts and documents I have heard and seen Bratton went through the usual foreclosure fight where the Judge failed to apply the law properly and require proof of ownership the loan, mistakenly applying a presumption that is rebuttable, just as the Maryland Supreme Court did last week in a decision that will come back and haunt them. So needless to say she lost and the sale went forward with US bank submitting a credit bid on behalf of an asset pool that does not appear to exist in reality because it was never funded, and therefore was incapable of paying for the the funding of the origination of the loan nor the acquisition of the loan.

The usual fabricated papers were submitted and the usual untrue proffers by counsel apparently were present as well. So, like I have said on this blog, acting WITHIN THE SYSTEM, she went to the police showing them that she was alleging fraud, fabrication, forgery, and uttering an false instrument and recording it. The police refused to investigate saying it was a CIVIL MATTER.

So again, acting within the system, she went and filed a corrective deed in order to give legal notice to the world that the title was still in dispute. Meanwhile U.S. Bank allegedly sold the property to a third party who pay or may not have been a straw-man. The straw-man is attempting to get possession. Bratton is fighting it because the only basis for possession is not that she didn’t pay her rent, but because title changed from her to this third party.

Despite their refusal to investigate her claims as falling within the category of a civil matter, the police then arrested Bratton for filing in the public records a corrective deed. POOF! What was a civil matter suddenly turned into a serious criminal matter, alleging, apparently nearly word for word, the allegations Bratton made against U.S. Bank, which if true would mean that any deed FROM U.S. Bank would also be a wild deed conveying no interest in the property whatsoever.

The kicker is the bail that has been set: $250,000. While I am familiar with this tactic being used around the country to scare off the leaders in the fight, this is the first time I have ever seen bail set at level that effectively puts Bratton behind bars without any hope of release based solely on what appears to be a completely unfounded accusation of criminal intent.

There are some rumors that the reason bail was set so high was because there were inferences that Bratton was affiliated with a terrorist group — something I find hard to believe based upon the information I have received thus far. There is no evidence brought to my attention that could possibly be interpreted as coming within the scope of a definition of “terrorist.” If her accusations against U.S. Bank are true, the term terrorist would more aptly apply to U.S. Bank than anything Bratton did.

My view is that the failure of the police to investigate her claims on the basis of their determination that this was a matter to be resolved in the civil courts completely undermines even the semblance of probable cause. If the police could say that they DID investigate the claims of Bratton and found them to be without merit, THEN the technical violation MIGHT apply assuming the document she filed was completely without merit — i.e., that the content of the document was completely false.

My view is that without that investigation the best one could say about the police action in this case is that they were premature. The worst is that they were doing the bidding of the banks who have achieved a level of influence on law enforcement that is unprecedented in protecting themselves from prosecution for mass crimes against humanity AND bringing mortgage fraud and other criminal charges against those whom they are throwing under the bus or otherwise want to silence.

The police were wrong when they first told Bratton that this was a civil matter. The theft of millions of homes based upon false, fabricated, fraudulent documents corroborated by perjury and intentional misrepresentation to the court, is a big deal. It ripped open the fabric of our society and diminished respect for all three branches of government. Now that the police department has thrown its hat into the ring with this bogus criminal charge, it is time to force them politically to investigate the bank crimes (regardless of what assurances were given from the Bush and Obama administrations to the contrary).

Here is the Press RELEASE from the Bratton Camp:

PRESS RELEASE_Bratton Hearing 24June13

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