Fraud on the Court: it's so easy, even a Caveman could do it.
For all of those blow-hard pontificators out there who think everyone in foreclosure deserves to be evicted, I have this to say, “#%@& you!” And I mean that in the nicest possible way.
I rarely waste my time on these people because their comprehension level doesn’t permit any thought that conflicts with their preconceived notions. There is a name for people like that, morons.
It comes down to this, unless you have been in a coma for the last ten years, we now know for absolute certain that the American mortgage loan was the lynchpin of a massive international Ponzi scheme.
If you have been in a coma, welcome back, you will not fricking believe what happened while you were out.
A third of American men don’t have jobs. Really! You can look it up. You remember Google, right?
Remember that budget surplus? It is now a massive $15 trillion dollar hole or nearly a hundred percent of GDP.
For anyone interested in the facts about where we are financially, the site below is fantastic. Please go there. You don’t need to be an accountant but all of the important numbers are right there. I keep saying that there will be no way out of our financial calamity, look at those numbers and see what you think.
29% of mortgages exceed the value of the home, our governments are all broke, and one by one going bankrupt.
Austerity will probably turn out to win the contest for word of the year.
The plan to solve all this? Well there isn’t one.
As a matter of fact, this is how they want it. The idea is that we should all embrace a period of “shared sacrifice.”
Every day they dig the hole a little deeper, secure in the knowledge that they will be exempt from actually sacrificing anything.
A whopping total of 91 people now own almost everything on the planet. And all over the country a crackdown on free speech is well underway.
They say it’s for our own good. If we really knew what was going on we would know too much and presumably they’d have to kill us. They need to keep almost everything secret from us because these are strange and dangerous times that our forefathers could never imagine when they crafted our Constitution, they say.
Note how many of our problems they suggest they could solve by just tweaking the Bill of Rights. Why not? We don’t use most of them anyway.
The police now routinely arrest people for videotaping them and the Supreme Court recently made warrantless searches the law of the land. Police are public officials performing duties in public and if they feel threatened by being observed and monitored they should seek other employment.
Besides, where can you go today on not be on camera. Everywhere we go we are on camera. It still startles me to see a life size image of me floating above the toilet paper in the supermarket. Remember when we thought that Nineteen Eighty-Four was fiction?
As for the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Supreme Court nullified that Amendment on May 16, 2011.
The lone dissenter was Justice Ruth Bader Ginsburg who wrote the following. Remember, this isn’t me saying this; it is a Supreme Court Judge who sees it my way.
"The court today arms the police with a way routinely to dishonor the Fourth Amendment's warrant requirement in drug cases. In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant."
"How 'secure' do our homes remain if police, armed with no warrant, can pound on doors at will and ... forcibly enter?"
Again, that’s not me but the only Supreme Court Judge not bought and paid for by the global elite.
And just like Orwell’s Nineteen Eight-Four we have had ten years of endless wars and constantly shifting enemies, and the middle class has just about been wiped out.
We’ve been conned. We were the most productive workers on the planet, driving quarter after quarter of increasing GDP and then we were robbed of our livelihoods, our homes, our retirement funds, our social security and our Medicare. All through fraud; massive pernicious, pervasive fraud.
There was fraud in the design of debt backed securities, fraud in the design of the loans, fraud in the creation of the paperwork for the phony loan pools, fraud on the investors, fraud on borrowers, fraud on non-borrowers, fraud on county records and now routine fraud on the court in attempt to try to fix the broken title by unlawfully foreclosing on the property.
And talk about easy pick’ens. Ninety-six percent of all foreclosures go uncontested. In non-judicial states like California it is probably higher.
Anyone can file a Notice of Default.
Nationwide, robo-signed documents are prohibited in only a few counties. Any robo-signed document is a bald forgery created by a party with no legal claim. One way or another most are filed anonymously. So because anyone can, some do. Bank of America, J.P. Morgan Chase, Wells Fargo, you know too big to fail folks, bailout babies, stealing homes that they have no right to.
Time and time again they get away with it and when they are held accountable there is no penalty. In one recent settlement the offender was fined 2% of their illegal gain but they get to keep 98% of what they stole.
But the only ways they can steal our homes is if we or the courts let them. The only way they can do it is with fraudulent paperwork. In the past, when forgeries and perjured testimony were discovered, courts extracted harsh penalties.
Lawyers, whomever they represent are considered to be officers of the court. They are also expected to conduct themselves ethically.
No lying, no fabricated evidence, no made up witnesses, no bribing the other lawyer, no bribing the judge, arcane and naïve notions now it appears.
Most courts don’t seem to mind and dismiss the obvious forgeries as irrelevant in light of the fact that the borrower is in default.
Never mind that the borrower may have been steered to default after applying for a HAMP modification or through a now well documented series of servicing gimmicks.
It is important to be mindful of the real purpose of the loan and how it was used. Its real purpose was to back a bond issue of an aggregate amount and then default.
If the idea was for the pool to default, it didn’t really matter if there were loans enough to cover all the bonds, just make it look like there were enough loans.
This activity impacts a broad area of law extending from real property to complicated financial theory and includes taxation, trust law, commercial code and title law and homeowner’s lawyers are just now starting to grasp the complexity of the issues. This cocktail is further complicated by virtue of the level of deceit that permeates every attempt to mine down to the truth.
There is an old saying in the law; if you have the facts on your side, pound the facts. If you have the law on your side, pound the law, and if you have neither, pound the table.
For several years I have been dissecting these cases from all over the country and what has been going on in many of our courtrooms is that bank lawyers have been getting away with pounding the table with stacks of phony documents bought and paid for right of the menu at Lender Processing Services subsidiary DOCX.
The DOCX menu offers these and other products; NA01 Create Note Allonge, $12.95 plus shipping and handling.
Missing all those pesky intervening assignments? No problem for just $35 a-pop you can have as many IA03s as it takes to fool a judge.
But wait, there’s more!
If the whole damn file is missing they have a limited time offer to recreate an entire phony file, the CF01 goes for just $95 exclusive of third party costs. See how easy it is?
I’m a smart guy. Why didn’t I think of setting up a print shop that specializes in forgeries of legal documents? Lawyers would love it. They would never lose a case. I guess somehow, I just thought that would be wrong if not illegal.
There are various evidentiary standards for the variety of matters that come before the courts. These are called burdens of proof and you may have heard terms such as “beyond a reasonable doubt” or the lower burden of “a preponderance of the evidence”.
In foreclosure cases, in many courtrooms, there is no burden whatsoever and no amount of evidence favoring the homeowner is persuasive.
The evidence submitted by the banks themselves is generally sufficient to prove conclusively that they are not the creditor, if one even exists.
The only reason that an assignment would need to be made by the servicer out of an often bankrupt entity to a closed pool, two years after the fact is because the rules of the Pooling and Servicing Agreement were never met. The deeds, mortgages, notes, all with a proper chain of indorsements, were never delivered to the custodian for the trust.
In fact the trusts could not receive the notes at any time because they cannot own any property, just receive the pass through payments of tranches of either interest or principal payments.
The documents didn’t go to the custodian for the trust or they would have them. That is what is so funny. There are no actual loans in the loan pools, just references to loans. The trust holds nothing and for all the talk about loan securitization, it really didn’t happen.
Indeed, the loans were not originated for the purpose of financing property transactions they were originated to be references in multiple loan pools. Bank of America admitted as much recently in a Florida case.
“Indeed, it appears that many loans and other mortgage-related assets have been double- and even triple-pledged to various constituencies.”
There you have it. Exactly what I have been saying for years. But it does beg the question, why stop there? After two or three do they start to feel guilty? Hell no!
Every time they do make an admission it turns out to be a gross understatement.
Remember, that the investors actually buy bonds, not pieces of mortgages. The loan pools allowed Wall Street to create the illusion that there was actually something of value underlying those bonds.
They funded the bond buyers revenue shortfall each month with the investors own money, just like every Ponzi scheme, the new money coming in keeps the victims clueless until the thing collapses under its own weight. Think of Bernie Madoff on Steroids.
It’s so obvious a caveman could see it. Judges have yet to check their own titles and it’s almost as though they just don’t want to believe what is going on.
When you strip away the hateful rhetoric that attempts to shift the blame for America’s collapse onto the middle class, you discover that the issues go to the very heart of who we are and what our judicial system stands for.
Judges side with crooked bankstas to avoid the “moral hazard” of giving away “free houses”. But what of the far greater “moral hazard” of justice only for the rich and well connected?
If there is a class of people who can do whatever they want with impunity, why do we even need judges or an expensive court system? In the last few years, many average Americans have felt the brutal sting of a court stacked against them. As more and more people, having lost faith in a system of justice controlled by corrupt entities, unavoidably seek other methods of balancing the scale, restoring the dignity of the courts will be nearly impossible.
And then what would America stand for? This is more than a fight for our homes; it is a fight for our legal system and democracy. How far do we want to lower the bar?
George W. Mantor
The Real Estate Professor
Founder, American Foreclosure Resistance Movement