Let’s Ramp Up The Fight Against Illegal Foreclosures and Fraud By Banks

I have been writing on the topic of fraud by the banks since the beginning of the so called “mortgage meltdown” began in 2007.  There was fraud during the bubble committed by the banks, not the loan originators as they claimed.  Yes there was fraud at the originator level but without the coaching and approval of the banks the street level fraud would have been held to a minimum as it had been for years.

Now the next wave of fraud being committed by the banks – illegal foreclosure – are being totally ignored by our courts and most of all by our government.    This fraud has been public common knowledge for several years now but NO ONE LISTENS.

There are many blogs out there – some written by attorneys – that do a great job of alerting us daily to the abuses in foreclosures that are going on daily.  Yet, NO ONE listens.  By no one, I mean the media, the various Attorneys General of all the states, the Bar Associations and the entire Judicial system save a few judges who have and are standing up and ruling on law.

I do not post daily here.  My fight has been on several other fronts against the banks.  My heart and soul, however, is in this fight.  No excuses but I have stepped back somewhat due to the outstanding jobs being done by a handful of others.  They all deserve mention but here are a few I highlight:

4closurefraud.com
ForeclosureHamlet.com
ForeclosureINdustry.com
STOPForeclosureFraud.com
Neil Garfiled, Atty (LivingLIes.com)
Matt Weidner, Atty (MattWeidnerlaw.com)
Jeff Barnes, Atty (ForeclosureDefenseNationwide.com)

We all know that “Show Me The Note” has become a popular song amongst foreclosure defense attorneys but few judges listen to it.  Proving you own the note is a requirement by statute in most jurisdictions yet judges openly refuse to enforce it and the major media does little to report on it.

Now, thanks to GMAC and a couple of our major media, focus has been brought to the attention of the fraudulent Affidavits being provided to the courts as a requirement of foreclosure.  As a result, GMAC has voluntarily suspended foreclosures in 23 states and Connecticut has issued an order to GMAC to suspend.  The fact in this case is that under discovery, two signers of these Affidavits testified that they DID NOT have personal knowledge of each of the loans which is what the Affidavits attested to.  IN fact, two of these signers signed hundreds if not thousands of these Affidavits for companies other then GMAC.  By the way, JP Morgan Chase is now also admitting that there may be improprieties in some of their Affidavits.

Here is an open case of fraud, admitted to by the very people who committed the frauds and still little in the way of an outcry from government and the courts.

Endorsements and Assignments:
Valid endorsements and valid assignments are necessary to prove transfers of ownership yet most notes have neither meaning that the original lender still owns the note not the typical servicer or MBS (mortgage backed security) through their trustee.  But even without this evidence, most judges just rule for the banks.  And worst of all there is no public outcry or actions taken by the government or the courts.

Law Firms Under Investigation:

Four law firms in Florida have been or are being investigated by the State Attorney General yet foreclosures represented by these firms are still being granted by judges who just don’t care about the law. One such law firm, The Florida Default Law Group, was under investigation months ago but again, nothing is said or done and no one knows the outcome of the investigation.  FDLG still handles thousands of cases and I have seen how they lie and commit fraud on the court yet no one listens and they are allowed to continue.

Rocket Dockets:
This latest travesty of justice occurring in Florida is the Rocket Docket system whereby the state has allocated billions of dollars for counties to hire retired judges with the sole purpose of “clearing” the dockets of foreclosures.  The hiring of Circuit Judges in itself seems to be an illegal practice since Circuit Judges are elected not hired or appointed.  These rehired judges therefore do not represent the people and therefore should not be ruling aginast them.

Second, with the mandate to “clear” the dockets, there can be no justice and Due Process of Law is denied.  A very dangerous precedence that I have written on previously comparing us to the old U.S.S. R. where people had few if any rights in their old court systems.  You may recognize this to still be the case in many nations around the world today.  But we here have a Democracy, a Republic with a Constitution that guarantees us certain rights.
Not so any longer in our Rocket Docket Florida Courts.  But, NO ONE listens!

Here now some relevant articles you may want to save and refer to in your fight against foreclosure.

Miami-Area Foreclosure Defense Attorneys Concerned Over Court’s Expressed Goal Of Bulldozing 52,000 Foreclosure Cases Off The Docket. The Home Equity Theft Reporter

What the Robo-Signer Scandal Means to You. Foreclosure Industry

“If Judge Colton was wrong,”
Judge Blanc said,
“the case can be appealed, and it will come back.”  (Includes actual transcript of hearing)

Connecticut AG Demands Halt in Ally Foreclosure

WHERE IS THE OUTCRY?
With all of the obvious violations of law, illegal and fraudulent acts where is the outcry from not only the people but from the legal profession itself?

With all of the attorneys blogging, teaching holding seminars and working cases, why are you not all banding together with one voice and fight for justice.  Fight for the enforecement of the laws that you are all swron to uphold even if that means going against the “establishement” who would have us stripped of any and all of our  Constitutional rights?  Where are you all?

April Charney, Esq.  Where are you?
Neil Garfield, Esq.  Where are you?
Jeff Barnes, Esq.  Where are you?
Matt Weidner, Esq. Where are you?
Ice Legal Group.  Where are you?

Bloggers Unite.  We must be heard not just on line but as a unified voice in Congress, in our state legislatures and by our Attorneys General.

Today we are fragmented and are heard but not noticed.  We must be noticed as well.

Please refer to the previous comment made by L. Fitzgerald.  He sounds as frustrated as we all are and is speaking out for action.  He may ultimately be right.  We will need to become visible to be recognized.  But perhaps, we can be recognized by becoming visible as a united group not just a “bunch of bloggers”.  We need major media attention.  We need to be in the news every day.  The future of our country is at stake here.

Attorneys General of all Fifty states, WHERE ARE YOU?

Judges, who are sworn to rule based on the facts and the laws, where are you?

Judge Boyko, where are you?  You have ruled in favor of the law, you need to speak out now.
Judge Shack, where are you?  YOu have ruled in favor of the law, you need to speak out now.

As I was finishing this post, dinsfla sent me an update from StopForeclosureFraud.com.  It is from another attorneys blog that dinsfla does give credit to and links in his post.

This post was timely as it is basically saying the same thing I just finished writing about.  So Mr. Martinez, where are you in this fight?  Can we count on you to be vocal and stand up as you are suggesting.  I would be more then happy to work with you on this effort.

FORECLOSURE DEFENSE ATTORNEYS…TIME TO TAKE OFF THE GLOVES!!!

Thank you dinsfla for publishing this one.  Keep up the fight.

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Comments

  • Grady  On September 30, 2010 at 7:19 AM

    So now we have two major lenders admitting that their employees and the fraudsters that represent them, have quite possibly and probably, (actually have as we all know) committed fraud on the Court and perjured themselves.

    Where are the criminal prosecutions? Where are the dismissals with prejudice? Where are the sanctions?

    We all know that they will just withdraw the fraudulent documents and refile new ones and it will all blow over, business as usual in the kangaroo courts.

  • Three Angry Women in Cincinnati  On October 19, 2010 at 9:58 PM

    Two of us has been fighting against foreclosure since 2005, and the other since 2001. We have come to realize that we were set up to default on these predatory loans, for the enrichment of wealthy investor side bets that we would default. It is like a script out of “Trading Places”, except this is not funny. There also needs to be an investigation of judges (state,district,and bankruptcy),who rule over foreclosure cases,that are not recusing themselves from cases they have a conflict of interest in. We thank God these illegal foreclosures are being to the limelight. We’ve been waiting to “Exhail”, a long time. Thanks! for this website.

  • Three Angry Women in Cincinnati  On October 19, 2010 at 10:02 PM

    Two of us has been fighting against foreclosure since 2005, and the other since 2001. We have come to realize that we were set up to default on these predatory loans, for the enrichment of wealthy investor side bets that we would default. It is like a script out of “Trading Places”, except this is not funny. There also needs to be an investigation of judges (state,district,and bankruptcy),who rule over foreclosure, and civil complaints. Many judges are not recusing themselves from cases, they know they have a conflict of interest in. We thank God these illegal foreclosures are being brought to the limelight. We’ve been waiting to “Exhail”, a long time. Thanks! for this website.

  • Three Angry Women in Cincinnati  On October 19, 2010 at 10:11 PM

    Two of us has been fighting against foreclosure since 2005, and the other since 2001. We have come to realize that we were set up to default on these predatory loans, for the enrichment of wealthy investor side bets that we would default. We all have also had our homes illegally foreclosed upon. We applied federal and state defense laws about shoddy paperwork, but the judges allowed foreclosure to commence anyway. With no one to help us, we had to become our own private eye, and have discovered these judges have large investments with the banks. There should be laws created that provide for the appointment of counsel when judges and lawyers commit crimes against the debtor. What’s going on, is like the script out of “Trading Places”, except this is not funny. There needs to be an investigation of judges (state,district,and bankruptcy),who rule over foreclosure, and civil complaints, who foreclosed illegally when they were disqualified due to their affiliation with the banks. Many judges are not recusing themselves from cases, they know they have a conflict of interest in. We thank God these illegal foreclosures are being brought to the limelight. We’ve been waiting to “Exhail”, a long time. Thanks! for this website.

  • Three Angry Women in Cincinnati  On October 19, 2010 at 10:15 PM

    Two of us has been fighting against foreclosure since 2005, and the other since 2001. We have come to realize that we were set up to default on these predatory loans, for the enrichment of wealthy investor side bets that we would default. We all have had our homes illegally foreclosed upon. We applied federal and state defense laws against foreclosure, but the judges allowed foreclosure to commence anyway. With no one to help us, we had to become our own private eye, and have discovered these judges have large investments with the banks. There should be laws created that provide for the appointment of counsel when judges and lawyers commit crimes against the debtor. What’s going on, is like the script out of “Trading Places”, except this is not funny. There needs to be an investigation of judges (state,district,and bankruptcy),who rule over foreclosure, and civil complaints, who foreclosed illegally. Many judges are not recusing themselves from cases, they know they have a conflict of interest in. We thank God these illegal foreclosures are being brought to the limelight. We’ve been waiting to “Exhail”, a long time. Thanks! for this website.

  • Shane R Gustafson  On January 2, 2011 at 6:46 PM

    I was laid off from my job in the aerospace industry due to the suffering economy, and called our mortgage bank to see if I could just refinance, since we lost the bulk of our income. They talked me into a modification, wich started a landslide of paperwork errors, escrow mistakes, and ultimately they are tring to foreclose. We have NEVER missed a payment. Like mentioned above NO ONE will listen to us. Weve contacted everyone in the country. We are exhausted financially and our attorney has gotten us no where! The bank will not even speak with her. They dont even know who holds the deed of trust! We issued RFI’s, no contact orders, none of it seems to matter. Don’t know what to do.
    Respectfuly,
    Shane & Jessica Gustafson

  • brenda pugh  On January 14, 2011 at 4:49 PM

    i need help with an illegal foreclosure,their note,truth in lending is not like my paper work.dealing with the disease m.s.losing my husband,trying to get the pathology report from doctors is work!please respond

  • Heather Estes  On February 15, 2011 at 3:38 AM

    Kentucky Attorney
    Heather R. Estes, Esq.
    Heather Estes Law Offices
    (502) 370-4642

    Foreclosure Defense and Bankruptcy

  • Tim Bryant  On February 27, 2011 at 9:57 PM

    Attorney General Miller,

    As lead of the 50 state Attorney General investigation of the foreclosure crisis, I would like to respectfully submit this statement in respect to such investigation.

    I would like to add to my original email. Please be advised that the Mortgage Electronic Registration Systems, INC (MERS), is an entity solely created to act as a straw man and bucket shop, in order to avoid Federal and State recording and taxation laws, on the part of investors and financial institutions. This entity does not record the proper beneficial owners of of both investments, and land interests. Both of these are required to be available publicly. MERS uses the internet, fax, mails, and access devices to further their fraudulent practices against individuals, towns, counties, states, and the federal government. These acts include;

    bribery (s. 201)
    counterfeiting (s. 471-473)
    extortionate credit activities (s. 891-894)
    fraud and related activity in connection with access devices (s. 1029)
    mail fraud (s. 1341)
    wire fraud (s. 1343)
    financial institution fraud (s. 1344)
    retaliating against a victim, witness, or informant (s. 1513)
    Fraud and misuse of visa, permits, and other documents (s. 1546)
    Interference with Commerce through threats and violence (s. 1951)
    Racketeering (s. 1952)
    Illegal Gambling Business (s. 1955)
    money laundering (s. 1956)
    monetary transactions in property derived from specific illegal activity (s. 1957)
    unlicensed money transmitting business (s. 1960)
    transportation of stolen goods, securities, moneys, fraudulent state tax stamps, or articles used in counterfeiting (s. 2314)
    trafficking in counterfeit goods and services (s. 2320)
    fraud in the sale of securities under Title 11

    As such, they are part of “racketeering activity” as defined by 18 USC C. 96, S. 1961, The Racketeer Influenced Corrupt Organizations Act. RICO can be prosecuted both civil (private attorney general statute) and criminally. It is in the United States Governments best interests to be prosecuted criminally. This is because the Treasury Department (especially Timothy Geithner who already has an existing pattern of tax evasion), United States Congress, Securities and Exchange Commission, Federal Reserve, and all the financial institutions which administer, are shareholders of (which includes entities of the US Government), or use MERS are part of an “enterprise” involved in “racketeering activity” under the Act. Further, because of the use of taxpayer money under TARP and HAMP, which were obligations issued by the Treasury, there is no sovereign immunity of the United States Government, its agencies, or any states or other political subdivisions, under the Tucker Act. This would cause tremendous embarrassment to numerous agencies and officials who would be labeled as racketeers, but also as aiding and abetting terrorism under the anti-money laundering provisions of the Patriot Act.

    If this is not bad enough, there is exposure of state and federal judges who aided and abetted such racketeering activities. In any civil RICO action, ANY judge who made ANY decision in MERS’ favor, is in violation of both RICO and The Patriot Act. It would be in everyone’s best interest to immediately seek injunctive relief in each of the Attorneys General individual states, preventing MERS from seeking relief in ANY court, as an entity claiming standing. It would further be in everyone’s best interest to order a “cease and desist” order, preventing MERS from operating in each jurisdiction. The AGs should also review the Treasury, SEC, and the state legislator’s, actions in furtherance of this racketeering activity. This includes;

    Amendments to existing laws to allow standing for MERS in state courts
    Amendments to the Alienation of Land laws
    Amendments to the Land Record Laws
    Amendments to the Public Record Laws
    Amendments to the Election / Campaign Contribution Laws
    Recission of bucket shop laws (which is also a Constitutional violation, as it relates to MBS transactions)
    Amendments to Securities Laws
    Campaign contributions showing a pattern of racketeering activity

    If the 50 state attorney generals proceeded in this manner, this would avoid tremendous;

    1. political embarassment
    2. judicial embarassment
    3. mounting costs of TARP and HAMP associated with private rights of action against the State and Federal governments
    4. billions in lost revenues from land recording and taxes associated with such
    5. inaccuracy in records of the Land Courts and Registry of Deeds, opening up the states to liability to private rights of action.
    6. inequality of protections under the laws. States require taxes and recording fees from individuals, but through MERS, the states allow avoidance of these laws by any entity using this system. This is a Constitutional violation.
    7. anti-trust violations
    8. RICO violations
    9. Patriot Act violations. This is especially disturbing that this law is being ignored. It gives the impression to Americans, and rightly so, that the act is being used as an instrument to destroy Constitutional protections of it’s citizens, instead of preventing Terrorism.
    10. Tax frauds
    11. SEC violations
    12. TARP / HAMP violations under the authority of SIGTARP.
    13. Prevention of another economic meltdown associated with the mortgage industry.
    14. losses in revenues, by putting homeowners back in their homes, that were foreclosed on due to racketeering.
    15. falling housing prices by reducing foreclosures, and reducing unoccupied properties

    The writing is on the wall that you cannot avoid this issue forever. No amount of campaign contributions or rewriting of the laws is going to stop the inevitable. NOW is the time for the 50 state attorney generals to take action. Let the chips fall where they may, and restore faith in the financial system, the judicial system, law enforcement, the housing market, and government.

    Thank you for your time and consideration in this matter.

    Sincerely,
    Tim A. Bryant
    (413) 789-1368

  • Tim Bryant  On February 27, 2011 at 10:13 PM

    Send your stories of how the government is allowing you to be deprived of your property illegally to the United Nations Human Rights Council. You can access it through their website. The US is violating the Human Rights laws that they decry of other countries. It is an absolute truth on it’s face, that the US Government is fully complicit to these land grabs by the Wall Street banks. Maybe a little embarrassment in the World community will force them to act. I have already forwarded a formal request for assistance in this matter.

  • Andrei  On April 6, 2011 at 10:12 PM

    Hi,

    My name is Andrei Turcu I like your point about illegal foreclosures please write me back I want to discus more with you I am a realtor in Chicago ,
    very important Thanks !!!!

    Andrei

  • david  On August 26, 2011 at 1:51 AM

    how in the world can all these judges be apart of illegal raccettering practices,almost every foreclosure there has proven to be fraud on the court but yet they side with all of these fraudulant practices,they should all be charged with raccetering}

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