CVI UGA Holistic View of Impact of County Video Presentation of the Meeting https://dekalbcountyga.granicus.com/MediaPlayer.php?view_id=2&clip_id=2698
Welcome to the land of Oz and secret meetings
CVI UGA Holistic View of Impact of County Video Presentation of the Meeting https://dekalbcountyga.granicus.com/MediaPlayer.php?view_id=2&clip_id=2698
Welcome to the land of Oz and secret meetings
My last post stated that there were no other cameras on the property, except the one viewing our property.
Now go back and look at the angle of the camera before, and the angle in the picture above. Now, it is pointed directly at us. Amazing, yes?
After I stated that, the camera pointed more toward our property, and another camera was added to a tree, in yet another neighbor’s property. Another property where no one lives, makes one wonder if the owner of that property knows that his property is being used to spy on us.
Also, the owner went to the property after dark the other night, and had a really big ladder on the truck. He took the ladder off, and I don’t know what tree he climbed, but I would imagine, that now, there is a third camera spying on our every move. I guess if someone, in an answer to a lawsuit, claims that you have been trespassing, they have to get evidence from somewhere, huh?
Update (4:00 p.m.): The U.S. Attorney’s Office for the Northern District of Georgia has released official comments on the sentencing of thirteen people involved in a scheme that saw law enforcement officers in the Atlanta provide protection for drug gangs and drug cartels.
“This case sent shock waves through Georgia law enforcement offices, both local and federal,” said United States Attorney Sally Quillian Yates. “Certainly, these departments are filled with dedicated officers who literally risk their lives every day to make our communities safe. But this case revealed a troubling number of officers from a variety of law enforcement agencies who betrayed their oaths to protect and serve, taking cash from the very criminals they should have been arresting.”
J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “While the sentences in this extensive law enforcement corruption matter ends the careers of those law enforcement and correctional officers involved, it can serve as an opportunity to those many other law enforcement officers and personnel to re-dedicate themselves to the oaths of office that they took when they accepted the badge. It also serves as a reminder to the public that the FBI remains responsive to such allegations of police misconduct and corruption and will investigate and present for prosecution those involved.”
“The vast majority of law enforcement officers serve the public with honor and distinction,” said Acting Special Agent in Charge Ray Brown of the Atlanta ATF Field Office. “Officers like these unfortunately tarnish the badge of the committed men and women of law enforcement. These individuals will now have to face the consequences for their deplorable actions. ATF will remain on the frontline of preventing violent crime through the dynamic level of law enforcement cooperation with our partners.”
According to prosecutors, an undercover investigation of allegations that Atlanta area police were protecting a local drug gang while in uniform began in August, 2011 following a tip from a cooperating individual who was associated with that gang.
The individual then used three civilians who provided the contact information of police officers who were willing to work with the drug gang to protect their drug deals in exchange for cash payments. These fake deals were recorded with video and audio by an undercover agent. The undercover investigation revealed the following:
-DeKalb County Police Department Officer Dennis Duren accepted $8,800 in exchange for protecting what he believed were four separate cocaine transactions in the Atlanta area between October and November, 2011. Duren was in uniform and carrying a weapon while performing these protection services.
-Another DeKalb police officer, Dorian Williams accepted $18,000 in exchange for protecting what he believed were three separate cocaine transactions between January and February 2013. He also wore his uniform and carried a gun during the deals.
-Stone Mountain Police Department Officer Denoris Carter accepted $23,500 to protect five supposed cocaine transactions in the Atlanta area. During four of the deals, Carter arrived in a patrol car and watched the transactions. During the fifth deal, Carter was on foot and was carrying a firearm.
-Atlanta Police Department Officer Kelvin D. Allen accepted $10,500 in exchange for protection of three separate cocaine transactions between June and August 2012. Allen was in uniform and was carrying a weapon for two of the tree transactions he was paid to protect.
-MARTA Police Department Officer Marquez Holmes accepted $9,000 to protect four supposed cocaine transactions between August and November, 2012. During two deals, Holmes arrived on foot in uniform and armed, and patrolled the area. During the other two deals, Holmes arrived in a MARTA Police cruiser and monitored the transactions.
-Forest Park Police Sergeant Victor Middlebrook accepted $13.800 for protecting four supposed cocaine deals, while he also patrolled during two more deals. During the deals, Middlebrook was dressed in street clothes but was armed.
-Monyette McLaurin, who was formerly employed at the DeKalb County jail but presented himself as an active duty DeKalb County Sheriff’s deputy, accepted $12,00 to protect two supposed cocaine transactions in January, 2013. Duing the deals, McLaurin wore a DeKalb Sheriff’s Office uniform with a badge and gun. Another former jail employee posing as a deputy, Chase Valentine, protected a drug deal on Jan. 17, 2013.
-Gregory Lee Harvey posed as DeKalb County detention officer and protected two supposed cocaine deals in December, 2012. During the deals, Harvey wore a black shirt with “SHERIFF” printed on the back.
-Federal Protection Services contractor Sharon Peters was paid $14,000 for protecting two supposed cocaine transactions. During the deals, Peters parked her car near the deal and observed the proceedings.
-Alexander B. Hill presented himself as a Clayton County Police Department officer and accepted $9,000 for protecting three supposed cocaine deals. During the deals, Hill wore plain clothes but wore a badge during the first deal he protected.
-Non-law enforcement facilitator Jerry B. Mannery, Jr., introduced Carter and Peters to the informant contact, and coordinated ten sham drug deals those officers protected. Between April 2012 and February, 2013, Mannery received $30,000 for his services.
-Non-law enforcement facilitator Elizabeth Coss introduced Holmes and Williams to the informant contact, and coordinated five sham drug deals. For her services, Coss accepted $17,000.
Mannery, the last defendant to be sentenced, will spend the next four years in prison and the following three years on supervised release. Coss was sentenced to six months in prison, six months of house arrest, and five years of supervised release.
The sentences for the officers can be read in the original article.
Original Story (7:00 a.m.): An FBI investigation into Atlanta area police officers who were allegedly protecting drug dealers for a price is coming to a close with guilty pleas in front of a United States District Judge.
Ten former law enforcement officers who served in various departments in Fulton and DeKalb counties will be spending anywhere from one to nine years on the other side of the bars inside a federal prison, The Atlanta Journal-Constitution reports. Two civilians have also been sentenced for their roles in liaising between the crooked cops and the drug outfits.
According to the FBI, an informant tipped off the bureau about the possibility that police officers were being paid by drug dealers and drug cartels to protect illegal transactions. Investigators used an informant to begin a sting operation, which lured several dirty cops. Some of the officers even wore their uniforms and drove police vehicles while working for the crooks.
The sentenced former officers are as follows:
-Dennis Duren (DeKalb County Police Department), seven year sentence
-Denoris Carter (Stone Mountain Police Department), three year sentence
-Gregory Harvey (DeKalb County Sheriff Office), nine year sentence
-Monyette McLaurin (DeKalb County jail), six year sentence
-Victor Middlebrook (Forest Park Police Department), seven year sentence
-Alexander Hill (private security officer), five year sentence
-Kelvin Allen (Atlanta Police Department), five year sentence
-Marquez Holmes (MARTA Police), five year sentence
-Sharon Peters (Federal Protective Services), three year sentence
-Chase Valentine (DeKalb County jail), 33 month sentence
Civilian Elizabeth Cross was also sentenced to a year in prison. Jerry Mannery, Jr., another civilian facilitator of the scheme, has pleaded guilty to charges related to his activity and will be sentenced on Wednesday.
Published: April 9th, 2014 at 12:10 pm ET
Bloomberg, Apr. 4, 2014: World Needs to Get Ready for the Next Nuclear Plant Accident– Three major atomic accidents in 35 years are forcing the world’s nuclear industry to stop imagining it can prevent more catastrophes and to focus instead on how to contain them. […] scientists warn the next nuclear accident is waiting to happen […] the causes of the three events followed no pattern, and the inability to immediately contain them escalated the episodes into global disasters with huge economic, environmental and political consequences. […] according to the last Soviet leader Mikhail Gorbachev it was a factor in bringing about the collapse of the Soviet Union […]
Joonhong Ahn, professor at the Department of Nuclear Engineering of University of California, Berkeley: “The cold truth is that, no matter what you do on the technological improvements side, accidents will occur — somewhere, someplace.” […] The consequences of radiation release, contamination and evacuation of people is “clear and obvious” […] That means governments and citizens should be prepared, not just nuclear utilities […] The problem with an engineering solution [is] those defense systems can also fail […] “This is an endless cycle. Whatever is your technology, however it is developed, we always have residual risk.” When the next nuclear accident occurs the world needs to have better knowledge of how to limit the spread of radiation and do the clean-up, including removing radiation […] We also need more understanding of the impact of low-dose radiation on organisms […] “This is about recovery from an accident, not preventing an accident […] It’s completely different. And I think this concept is very necessary for the future of nuclear utilization.”
Gregory Jaczko, ex-chairman of the U.S. Nuclear Regulatory Commission: “We have this accident and people will say, you know, it was caused by this and that […] But the next accident is going to be something different. Nobody can tell you where or when or what exactly it is going to be […] Once you have an accident, a low-probability and high consequence event, you can no longer call it a low probability event […] It is an event that’s happened and you cannot ignore the consequences simply because it was never supposed to happen. The consequences are real. Probabilities are always hypothetical.” […] The cost of cleaning up Fukushima may be more than the total cost of building all the world’s nuclear plants to date […] “If we look at this technology and we challenge ourselves to make technology that meets this standard then we’ll see that there are ways to do it […] But if there aren’t ways to do it — economically viable ways to do it […] this is perhaps then not a technology that we want to rely on well into the future.”
Published: April 9th, 2014 at 12:10 pm ET
November 15, 2013
Georgia Power came with their tree butchers, while having actual knowledge that we had filed suit against Georgia Power to prevent their visit with their Asplundh tree butchers.
They did not care. They told the OFF-DUTY DeKalb County Police Officers, who refused to give their names or badge numbers to us, that they have a permit to butcher out trees. A Permit? What kind of funking bullshit is that? A Permit to kill trees. hhuummm. Our attorney was at the Courthouse all morning and afternoon attempting to get a Judge to sign a TRO/Injunction to stop the crime that happened. Apparently, did not do any good for him to spend his precious time there. I don’t know who the judge we have is, but we are most disappointed.
These assholes crossed over a granite wall and chainlink fence, in their fucking bucket, from their fucking bucket truck to come 40-50 feet onto our property and destroy our trees. A couple of weeks before they came, they put a brochure on our gate saying that they would be here in a couple of weeks. That changed, and they came within a week, cause they found out that we were attempting to stop their destruction. Anyway…The Brochure that they put out, show the wrong ways to cut a tree, ways that cutting the trees that will kill the trees. That is exactly the way they cut our trees. I will get the pix of the cutting up soon. They take 20-40 year old trees, cut them off to 6-15 feet tall and cut all the limbs off the trees. If not, they cut all the limbs off of one side to create what is known as the hurricane effect. That way, when the winds are very strong, it is like a sail, and blows over onto your house. Very dangerous.
Georgia Power claimed to have an easement, but thorough title searches reveal that is a fucking lie. Ga Power supervisor a few years ago, came out to be a smart-ass and had the original Georgia Power Railway/Electric Pole map from 1933. The map clearly shows the poles and lines crossing the street BEFORE our property. They put their pole 40 feet into my neighbors front yard when the property was rental property, and ran their lines over our property, then down to the pole on the corner. In a criminal hearing I had yanked them into a few years ago, they swore that the pole has not moved since 1941-42, that the very same pole has been there for that long. They are full of shit, and the judge was full of shit to believe them. Wooden Power line poles don’t last no fucking 60-70 years. They last 30 years, if things work out right, and 30 years makes an old pole.
The the off-duty police would not even let James walk back onto our property. He had to walk 2 houses down, jump all the fences between the properties, yes, we all have fences, and ours is 8-10 feet tall with three strands of barbed wire atop, to keep our dogs in our yard. James is 100 disabled, with mobility disabilities. What kind of fucking cops do we have nowadays?
James and I have always heavily supported our local Police Dept. I am so disappointed and pissed off, I could scream. It took me all the way until today, before I could write this, I was so mad.
It ain’t over. Not by a long shot. They would not give names or badge numbers, but we have pictures of them, and I will do a FOIA request to get the rest, and find out the lies GA Power told this time, to get body guards to accompany them. I will let yall know what I find out.
US BANK ADMITS, IN WRITING FROM THEIR CORPORATE OFFICE, THAT THE BORROWER IS A PARTY TO AN MBS TRANSACTION; THAT SECURITIZATION TRUSTEES ARE NOT INVOLVED IN THE FORECLOSURE PROCESS; HAVE NO ADVANCE KNOWLEDGE OF WHEN A LOAN HAS DEFAULTED; THAT THE “TRUE BENEFICIAL OWNERS” OF A SECURITIZED MORTGAGE ARE THE INVESTORS IN THE MBS; AND THAT THE GOAL OF A SERVICER IS TO “MAXIMIZE THE RETURN TO INVESTORS” November 6, 2013
We have been provided with a copy of U.S. Bank Global Corporate Trust Services’ “Role of the Corporate Trustee” brochure which makes certain incredible admissions, several of which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process. The brochure accompanied a letter from US Bank to one of our clients which states: “Your account is governed by your loan documents and the Trust’s governing documents”, which admission clearly demonstrates that the borrower’s loan is directly related to documents governing whatever securitized mortgage loan trust the loan has allegedly been transferred to. This brochure proves that Courts which have held to the contrary are wrong on the facts.
The first heading of the brochure is styled “Distinct Party Roles”. The first sentence of this heading states: “Parties involved in a MBS transaction include the borrower, the originator, the servicer and the trustee, each with their own distinct roles, responsibilities and limitations.” MBS is defined at the beginning of the brochure as the sale of “Mortgage Backed Securities in the capital markets”. The fourth page of the brochure also identifies the “Parties to a Mortgage Backed Securities Transaction”, with the first being the “Borrower”, followed by the Investment Bank/Sponsor, the Investor, the Originator, the Servicer, the Trust (referred to “generally as a special purpose entity, such as a Real Estate Mortgage Investment Conduit (REMIC)”), and the Trustee (stating that “the trustee does not have an economic or beneficial interest in the loans”).
The second page sets forth that U.S. Bank, as Trustee, “does not have any discretion or authority in the foreclosure process.” If this is true, how can U.S. Bank as Trustee be the Plaintiff in judicial foreclosures or the foreclosing party in non-judicial foreclosures if it has “no authority in the foreclosure process”?
The second page also states: “All trustees for MBS transactions, including U.S. Bank, have no advance knowledge of when a mortgage loan has defaulted.” Really? So when, for example, MERS assigns, in 2011, a loan to a 2004 Trust where the loan has been in default since 2008, no MBS “trustee” bank (and note that it says “All” trustees) do not know that a loan coming into the trust is in default? The trust just blindly accepts loans which may or may not be in default without any advanced due diligence? Right. Sure. Of course. LOL.
However, that may be true, because the trustee banks do not want to know, for then they can take advantage of the numerous insurances, credit default swaps, reserve pools, etc. set up to pay the trust when loans are in default, as discussed below.
The same page states that “Any action taken by the servicer must maximize the return on the investment made by the ‘beneficial owners of the trust’ — the investors.” The fourth page of the brochure states that the investors are “the true beneficial owners of the mortgages”, and the third page of the brochure states “Whether the servicer pursues a foreclosure or considers a modification of the loan, the goal is still to maximize the return to investors” (who, again, are the true beneficial owners of the mortgage loans).
This is a critical admission in terms of what happens when a loan is securitized. The borrower initiated a mortgage loan with a regulated mortgage banking institution, which is subject to mortgage banking rules, regulations, and conditions, with the obligation evidenced by the loan documents being one of simple loaning of money and repayment, period. Once a loan is sold off into a securitization, the homeowner is no longer dealing with a regulated mortgage banking institution, but with an unregulated private equity investor which is under no obligation to act in the best interest to maintain the loan relationship, but to “maximize the return”. This, as we know, almost always involves foreclosure and denial of a loan mod, as a foreclosure (a) results in the acquisition of a tangible asset (the property); and (b) permits the trust to take advantage of reserve pools, credit default swaps, first loss reserves, and other insurances to reap even more monies in connection with the claimed “default” (with no right of setoff as to the value of the property against any such insurance claims), and in a situation where the same risk was permitted to be underwritten many times over, as there was no corresponding legislation or regulation which precluded a MBS insurer (such as AIG, MGIC, etc.) from writing a policy on the same risk more than once.
As those of you know who have had Bloomberg reports done on securitized loans, the screens show loans which have been placed into many tranches (we saw one where the same loan was collateralized in 41 separate tranches, each of which corresponded to a different class of MBS), and with each class of MBS having its own insurance, the “trust” could make 41 separate insurance claims AND foreclose on the house as well! Talk about “maximizing return for the investor”! What has happened is that the securitization parties have unilaterally changed the entire nature of the mortgage loan contract without any prior notice to or approval from the borrower.
There is no language in any Note or Mortgage document (DOT, Security Deed, or Mortgage) by which the borrower is put on notice that the entire nature of the mortgage loan contract and the other contracting party may be unilaterally changed from a loan with a regulated mortgage lender to an “investment” contract with a private equity investor. This, in our business, is called “fraud by omission” for purposes of inducing someone to sign a contract, with material nondisclosure of matters which the borrower had to have to make the proper decision as to whether to sign the contract or not.
U.S. Bank has now confirmed, in writing from its own corporate offices in St. Paul, Minnesota, so much of what we have been arguing for years. This brochure should be filed in every securitization case for discovery purposes and opposing summary judgments or motions to dismiss where the securitized trustee “bank” takes the position that “the borrower is not part of the securitization and thus has no standing to question it.” U. S. Bank has confirmed that the borrower is in fact a party to an MBS transaction, period, and that the mortgage loan is in fact governed, in part, by “the Trust’s governing documents”, which are thus absolutely relevant for discovery purposes.
Jeff Barnes, Esq.,
You know, I have been thinking a lot lately about why it is that the Protesters from the 60’s and early 70’s are really pissing me off nowadays. They act like a bunch of sheep or cattle. The whole country is running amock and nobody says a damned thing about it. IT SUX!
I have come to the realization that the Protesters from the 60′-70’s turned into the very thing they were protesting, except even more so. It SUX!
You would have thought that those protesters would have gone on to make a difference, and that there would not be all of this corruption that we deal with on a daily basis. The flower children, peace – love and rock & roll. What the hell happened? Those people forgot everything about why they were protesting in the first place. They forgot “let’s love one another”, forgot about “live and let live”. Hell they are worse than the people they were protesting, because they are hypocrites.
Now, they go sludging along, fuck it if everyone is being foreclosed upon, even if they paid for the property in full. Fuck it if we have WWIII because our president is a fuck up. Fuck it if Russia nukes us. Fuck it if the Japanese have ended life on earth with their meltdown problem. Fuck it if Russia’s Putin now speaks when the United States should have been speaking. Fuck it if the Christians are being slaughtered. Fuck it if there are no jobs. Fuck it if Obamacare causes all of us to be denied healthcare we are entitled to.
Fuck it, Fuck it, fuck it. THIS SUX! This is not who we are. This is not what are forefathers would have accepted. This is not how we got to where we were.
So this week, the Protesters, turned cattle, sheep and couch potatoes are what SUX!!!
Have you been thinking about the Genetically Modified Foods that they are going to trying to make us eat? I already don’t like to eat. Bah Humbug! Try to figure out what you are going to eat every day, and keep fit. They have already taken all of the nutrients out of the food, now they want to fill us up with their damned modified foods that are filled with pesticides and everything bad that you can think of.
What is wrong with this picture? They are not killing us fast enough yet?
Time to take our country back!
For weeks now, I have been hearing about World War III, then this morning who was it, Kerry goes running over to Britain trying to get backing for us to go to war. BULLSHIT! Someone needs to tie that man to a chair in the WhiteHouse and keep him there.
The Administration has already made us look like a bunch of redneck fools. The government is in bed with the terrorists, and staged the gassing of the Syrians, and now, they want to get World War III started and have Putin nuke the piss out of us. Does Obama really think that we are all as stupid as he is? Oh, by the way, Putin is the one that said stupid, not me.
Putin is KGB, and a strong leader. He has already told us what he will do if we go over and join up with the terrorists. I only wonder what Congress is going to tell Obama, and what Obama will do if congress tells him no war.
We have turned into a bunch of weak sheep. Not talking about War, but about how much Bullshit we will put up with in our country. I am truly ashamed that we don’t do shit. We allow them to take more and more of our Rights away and do nothing. They can take every right we have, they can literally piss on us, and I guess that we will just take it. All of the protesters from the 60’s grew up to be that very thing they were protesting, except worse, because they are now, also hypocrites.
The Banksters in this Country have caused the whole world’s economy to de-stabilize and we reward the crooks by giving them our houses. When are you people going to realize that the Bank With the Most Homes in the End Wins!!! Your’ house is not safe, no one’s is. The Banksters will not be happy till they have all our houses.
You wanna know what really SUX?
DeKalb County, and Georgia as a whole will never “Get It” see Ga Supreme Court Ruling on the “You” case…
Glaski Decision in California Appellate Court Turns the Corner on “Getting It”
Posted on August 2, 2013 by Neil Garfield @:
On the other hand we should not assume that they have arrived nor that this decision will have pervasive effects throughout California or elsewhere in the United States or other countries.
J.P. Morgan did suffer a crushing defeat in this decision. And the borrower definitely receive the benefits of a judicial decision that will allow the borrower to sue for wrongful foreclosure including equitable and legal relief which in plain language means reversing the foreclosure and getting damages. Probably one of the most damaging conclusions by the appellate court is that an examination of whether the loan ever made it into the asset pool is proper in determining the proper party to initiate a foreclosure or to offer a credit bid at a foreclosure auction. The court said that alleged transfers into the trust after the cutoff date are void under New York State law which is the law that governs the common-law trusts created by the banks as part of the fraudulent securitization scheme.
Before you give them a standing ovation remember that it is possible for additional documentation to be created, fabricated and forged showing that despite the apparent violation of the cutoff date, the trustee has accepted the loan into the trust. This will most likely be a lie. I don’t think there is any entity acting as trustee of a trust that doesn’t know that it is under intense scrutiny and doesn’t want to be subject to liability that could amount to trillions of dollars advanced by investors with the purchase of bogus mortgage-backed bonds that were presumably managed by the trustee but in reality not managed at all because the bonds were worthless. This gave the banks the opportunity to claim that they owned the bonds and therefore had an insurable interest which gave rise to the whole problem with AIG and AMBAC and other insurers or parties who had guaranteed the bond, the loan or any loss (credit default swaps).
The fact that the loan in this case was definitely securitized is also interesting. Of course Washington Mutual was stating to everyone that it was not involved in the securitization of mortgage loans when in fact nearly all of the loans originated became subject to claims of securitization. This case explains why I never say that the loan was securitized or that the loan was in any particular trust, to wit: I don’t believe that a funded trust exists with the ability to purchase loans and therefore I don’t believe the loans are in any of the asset pools. So when people ask me how they can prove which trust their loan is actually in, I reply that they are asking the wrong question.
What is being played out here in this case and hundreds of thousands of other cases is a representation by the foreclosing entity that the trust owns the loan when in fact it never owned the loan nor could it because the money that was advanced by investors was never deposited into the trust. We have the same banks representing to regulatory authorities and insurers that it is the bank and not the trust that owns the loan even though the bank merely made the loan using money advanced by investors who believed that they were buying mortgage-backed bonds. The truth is they were merely making a deposit into an account maintained by the investment bank. The resulting transactions do not qualify for exemption as securities or insurance under the 1998 law. Nor do they qualify for REMIC treatment under the Internal Revenue Code.
In other words if you take a close look and actually follow the path of the money and the path of the paper you will find that despite the pronouncements from the Department of Justice and other agencies, this is a simple fraud case using a Ponzi model. The hallmark of a Ponzi model is that it collapses as soon as the investors stop buying the bogus securities. If the government cares to do so it can freely prosecute the individuals and companies involved without any air of exemption under the 1998 law because none of the parties followed the securitization path presumed by the 1998 law. So we are back to this, to wit: a security is a security and subject to SEC regulations and insurance is an insurance contract subject to insurance regulators, and fraud is fraud subject to recovery of restitution, compensatory damages, punitive damages, treble damages etc.
You should remember when reading this decision that the appellate court was not ruling in favor of the borrower granting the substantive relief the borrower was seeking. The appellate court merely reversed the trial court decision to dismiss the borrower’s claims. That only means that the borrower now as an opportunity to prove the elements of quiet title, wrongful foreclosure, slander of title, cancellation of instruments and relief under California’s version of unfair business practices. But the devil is in the details and proving the case requires aggressive discovery and aggressive preparation for trial. It is highly probable that the case will settle. The bank will probably be willing to pay almost any amount of money to avoid a judgment setting forth the elements of a wrongful foreclosure and how the bank violated the law.
The Bank will attempt to avoid any final order that undermines the value of loans that are subject to claims of securitization, because those loans supposedly support the value of the bogus mortgage-backed bonds sold to investors. Any such final order would also undermine the balance sheet of J.P. Morgan and any other major bank carrying the mortgage bonds as assets on their balance sheet. If those assets are diminished, then the bank is not as well funded as it has been reporting. In fact, those assets might well vanish completely from the balance sheet of those banks, causing the banks to be seized by the FDIC and broken up into smaller pieces for regional and community banks to pick up. Hence this decision represents a risk factor that could eliminate the legal fiction created by smoke and mirrors from Wall Street banks, to wit: it is not the borrowers who are deadbeats, it is the banks who are broke and whose management has run off with billions and perhaps trillions of dollars that should be in the United States economy. The absence of that money lies at the root of our unemployment and low economic activity.
This Glaski case has many of the elements that we have been discussing for years. Fabricated documents, forgeries, perjury, false affidavits and no money trail to backup the story painted by the fabricated documents. And of course it has our old friend Washington Mutual Bank And the supposed take over by Chase Bank that never actually happened.
And it involves the issue of assignments and the fact that the assignment is not the transaction itself but only a report of a transaction. If the borrower proves that the transaction reported in the assignment or other instrument of conveyance never occurred, or if the borrower is successful in shifting the burden of proof to the bank to show that it did occur, the assignment will have no value whatsoever unless the transaction is present, to wit: that someone actually purchased the loan through the payment of money or other valuable consideration that was received by a party who actually owned the loan.
Thus even if Chase Bank were able to show that it entered into a transaction in which the loans were transferred (something we can find no evidence of which the FDIC receiver says never occurred) that would only be the equivalent of a quit claim deed, to wit: whoever received the consideration for the transfer of the loans was merely conveying any interest they had even if they had no interest at all. Hence the transactions by which Washington Mutual allegedly came to be the owner of the loan must be examined in the same way as the transaction between the Washington Mutual bankruptcy estate and chase bank.
You should also take note that the decision was published with the admonition that it is “not to be published in the official reports.” this is further indication that the court is concerned about the far-reaching effects of the decision and essentially tells trial judges that they do not have to follow it. So for those who wish to point to this decision and say “game over” we are not there yet. But I do think that we passed the halfway point and we are probably in the fifth or sixth inning of a nine inning game. Translating that to time, I would estimate that it’s going to take another three or four years to clean up this mess and that it might take several decades to clean up the title corruption that was created by the banks.
James and I live in DeKalb County, Georgia. Once upon a time, it was a hell of a place to live. The schools were good, we are not far from downtown Atlanta, if you are brave enough to go down there… and we had Underground Atlanta, the first one, not the joke they have now.
Anyway, DeKalb County, had the best of everything. Memorial Drive was really wild. Six lanes, with a middle turning lane, and businesses packed on both sides of the road for as far as you could imagine. At one point, every bar, that was a bar and did any kind of business was on Memorial Drive. Back when Uncle Tom’s was on Memorial Drive, I was not old enough to go in there at that time, but wow! The parking lot was packed on the weekends, as was every parking lot. I guess that was 40 years ago, 35 at least.
Now, the only things on Memorial Drive are Pawn Shops, liquors stores, run down motels, and DeKalb County Jail, the bigger, better jail.
All of the people that had worked so hard to make DeKalb County, the place to live, and raise your kids, would all be rolling over in their graves right about now. What a disgusting, disgraceful place. Memorial Drive sux, just like the rest of the County does.
Now that we have foreclosure hell, where the Bank With The Most Homes in the End Wins!!! All of the streets have vacant houses, some boarded up, some not. You can ride down any road, and see the homes without anyone living in them. Some streets have more vacant homes, than occupied homes. What kind of screwed up sense does any of this make?
Let’s just make the whole state look like the slums, and maybe the damned banks will quit foreclosing, cause they sure as hell won’t have anyone left that can get a loan to buy a house. Oh yea, what was it that Goldman Sachs said? Only the rich should own houses anyway. Yea, that was it. Goldman Sachs can bite me!!! And his mama!!!
When is the rest of America going to get pissed off about all this? Never? I have read article after article where everyone is waiting to see when the rest of America is going to get it, and get made as hell too. I guess never. We have become soft, and lazy, we are becoming sheep, wanting to be taken care of, and not worry about anything ourselves, is that it?
That is not who we are! That is not who we came from! We are the rebellious, what the hell would our forefathers say? They would call us a bunch of weenies, and be pissed off for all the fighting they did for us, and for what??? To let the damned banks own our asses, and steal our homes, and throw us out on the streets???
I have lived in DeKalb County, Georgia all of my life, except for seven years, I lived in Gwinnett County.
When I was growing up, DeKalb County, was the place to live. We had the best schools, the best neighborhoods, we had Memorial Drive, and hot-rods.
There had been several key people that built the County up to where it was. The worked long and hard to make DeKalb County just enough better than the other counties, ya know what I mean?
Anyway, I have become ashamed and embarrassed to be from DeKalb County.
Now all one can say about DeKalb County, is DEKALB COUNTY SUX!!!
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