From Our Friends at Livinglies, Neil Garfield

https://wordpress.com/read/feeds/95852/posts/2112751964

How to Use and Oppose Judicial Notice

One of the biggest bluffs used by claimants in foreclosure and eviction proceedings is the request for judicial notice. If unopposed, this results in myths being propagated as facts. Just because a document exists or has been uploaded to SEC.GOV or any other site doesn’t mean the source or the content is credible or reliable.
If I manage to record a deed purporting to transfer title that doesn’t mean that title is transferred nor that my ownership is to be presumed. The same is true if I upload the same fabricated deed to SEC.gov or any other site on the internet.
Judicial notice is erroneously applied as a vehicle for shifting the burden of proof. The basic rule of evidence is simple: the proponent of evidence must prove the truth, credibility and reliability of that evidence, even if it is admitted into evidence. Otherwise the evidence is admitted with zero weight.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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Most states essentially have the same statute in their laws of evidence, like this one from Florida:

90.202 Matters which may be judicially noticed.A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:

(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.

(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.

(3) Contents of the Federal Register.

(4) Laws of foreign nations and of an organization of nations.

(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.

(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.

(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.

(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.

(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.

(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.

(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (e.s.)

(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. (e.s.)

(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.

History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

A quick review of this statute, essentially the same as all others, reveals that it is not intended to be used as proof of contested facts. The fact that a document obviously exists may not be subject to contest unless the objection is that the document was prepared expressly for trial and not as part of whatever transaction is being contested.

Courts often overstep by becoming the lawyer for the claimant in foreclosure or eviction. As an example of the court stepping into the shoes of the claimant, there is the issue of judicial notice. You should research this. Because judicial notice is intended to be used as follows:
  1. For judicial economy — i.e., acceptance of facts that are virtually incontrovertible and not requiring proof. VERSUS your objections to the content of those documents. The requirement of absolute credibility is essential for judicial notice. There is no prejudice to any party by requiring actual proof of the documents and its contents. Judicial economy does not trump the rules of evidence which are designed to ferret out the truth not to assume facts that are untrue or that could easily be untrue because they came from an interested party.
  2. For documents, the only application of the judicial notice doctrine is that the documents exist and are maintained on a completely trusted site and not that what is written on them is true.
  3. In the case of government documents prepared by government with no interest in making any claims or defending any claims but simply in the ordinary course of record keeping, the record is subject to judicial notice and the content is generally presumed to be true unless disproven by the the opposing party.
  4. Judicial notice is completely inappropriate where the documents were prepared by parties with an interest in the outcome of litigation and claims and are not inspected, reviewed or scrutinized as to accuracy.
  5. Verifying facial validity of a document is NOT the same as verifying the statements contained on the document.
  6. For documents the source must be an independent third party source with no interest in the outcome. So if a fabricated assignment of mortgage is recorded in the county records, then the the existence of the document may be judicially noticed without any presumptions of the veracity or sufficiency of the statements contained in the assignment.
  7. Failure to object to the introduction of the document MIGHT be grounds for admission of both the document and its contents. The ability of the opposing party to present evidence that the document had been fabricated and that the statements contained within it are untrue or misleading is not barred by failure to object.
  8. The fact that it is admitted in evidence does not mean that should be given great weight by the trial court. Any evidence submitted by a party who has a direct interest in the outcome of litigation is to be viewed skeptically and requiring corroborative proof.
  9. Judicial notice is NOT appropriate for the PSA or anything else if the request for notice directs the court’s attention to SEC.GOV. This is an effort at misdirection.
  10. SEC.GOV is merely a repository for uploading documents with no more official capacity than box.com or dropbox.com. The fact that a document is there is NOT an indication that the document is an official document. The SEC has not reviewed it or approved it in any way, manner shape or form.
  11. BEST Evidence: Only the original document produced in court would be sufficient evidence of the document’s existence and then only if it was complete and signed — which means that the mortgage loan schedule is attached as the original mortgage loan schedule attached the trust instrument, the prospectus and the servicing agreements when they were originally executed.
  12. It is a common ploy to upload documents to SEC.Gov and then request judicial notice. This is wrong.
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Wells Fargo Employees Are Said to Improperly Alter Documents By Hannah Levitt


Wells Fargo Employees Are Said to Improperly Alter Documents
By Hannah Levitt
May 17, 2018, 10:06 AM EDT
Updated on May 17, 2018, 2:57 PM EDT

Wells Fargo & Co. found that employees in its wholesale unit added information to internal customer records without the clients’ knowledge, according to a person briefed on the matter.

The bank discovered the improper activity and reported it to the Office of the Comptroller of the Currency, said the person, who asked not to be identified because the matter hadn’t been publicly disclosed. The employees altered the documents in 2017 and earlier this year as they sought to satisfy regulatory demands related to anti-money-laundering controls, according to the Wall Street Journal, which reported the issue earlier Thursday.

Wells Fargo has struggled to move past a wave of scandals, which led to a Federal Reserve ban on increasing assets until the lender fixes missteps. The bank’s first-quarter results were marred by a charge of $800 million tied to a settlement with U.S. regulators. Earlier this month, the bank rolled out a new marketing campaign built around its efforts to regain customers’ trust.

Bryan Hubbard, an OCC spokesman, declined to comment. Wells Fargo spokesman Alan Elias said in an emailed statement that the bank can’t comment on regulatory matters, but that it takes “swift action to correct” any behavior that violates the firm’s values.

“This matter involves documents used for internal purposes,” Elias said. “No customers were negatively impacted, no data left the company, and no products or services were sold as a result.”

The bank’s shares dropped 1.6 percent at 2:40 p.m. in New York trading, the biggest decline in the 24-company KBW Bank Index.

— With assistance by Laura J Kelle

Same Old Story: Paper Trail vs, Money Trail (Freddie Mac) Posted on May 15, 2018 by Neil Garfield

Same Old Story: Paper Trail vs, Money Trail (Freddie Mac)
Posted on May 15, 2018 by Neil Garfield
Payment by third parties may not reduce the debt but it does increase the number of obligees (creditors). Hence in every one of these foreclosures, except for a minuscule portion, indispensable parties were left out and third parties were in reality getting the proceeds of liquidation from foreclosure sales.
The explanations of securitization contained on the websites of the government Sponsored Entities (GSE’s) clearly demonstrate what I have been writing for 11 years and reveal a pattern of illusion and deception.

The most important thing about a financial transaction is the money. In every document filed in support of the illusion of securitization, it steadfastly holds firm to discussion of paper instruments and not a word about the actual location of the money or the actual identity of the obligee of that money debt.

Each explanation avoids the issue of where the money goes and how it was “processed” (i.e., stolen, according to me and hundreds of other scholars.)

It underscores the fact that the obligee (“debt owner” or “holder in due course” is never present in any legal proceeding or actual transaction or transfer of of the debt. This leaves us with only one conclusion. The debt never moved, which is to say that the obligee was always the same, albeit unaware of their status.

Knowing this will help you get traction in the courtroom but alleging it creates a burden of proof for you to prove something that you know is true but can only be confirmed with access to the books, records an accounts of the parties claiming such transactions ands transfers occurred.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

For one such example see Freddie Mac Securitization Explanation

And the following diagram:

Freddie Mac Diagram of Securitization

What you won’t find anywhere in any diagram supposedly depicting securitization:

Money going to an originator who then lends the money to the borrower.
Money going to a named REMIC “Trust” for the purpose of purchasing loans or anything else.
Money going to the alleged unnamed beneficiaries of a named REMIC “Trust.”
Money going to the alleged unnamed investors who allegedly purchased “certificates” allegedly issued by or on behalf of a named REMIC “Trust.”
Money going to the originator for sale of the debt, note and mortgage package.
Money going to originator for endorsement of note to alleged transferee.
Money going to originator for assignment of mortgage.
Money going to the named foreclosing party upon liquidation of foreclosed property.
Money going to the homeowner as royalty for use of his/her/their identity forming the basis of value in issuance of derivatives, hedge products and contract, insurance products and synthetic derivatives.
Money being credited to the obligee’s loan receivable account reducing the amount of indebtedness (yes, really). This is because the obligee has no idea where the money is coming from or why it is being paid. But one thing is sure — the obligee is receiving money in all circumstances.
Payment by third parties may not reduce the debt but it does increase the number of obligees (creditors). Hence in every one of these foreclosures, except for a minuscule portion, indispensable parties were left out and third parties were in reality getting the proceeds of liquidation from foreclosure sales.
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From Our Friends at Living Lies Weblog: CitiMortgage Must Face Class Action for False notarization of Documents in Foreclosures


CitiMortgage Must Face Class Action for False notarization of Documents in Foreclosures
https://wordpress.com/read/feeds/95852/posts/1614247594
Oct 3, 2017

Where is the prejudice in requiring the foreclosing party to prove its case with facts raather than presumptions?

There are two big takeaways: (1) Courts are getting more curious about what really happened in the mortgage meltdown and (2) this is one more example of how the TBTF banks are not entitled to any legal presumptions regarding their documents.

Research always shows that a fact is presumed in certain cases — but only in the absence of questions about the credibility of the party who proffers a document from which the legal presumption arises.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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see https://www.reuters.com/article/citimortgage-foreclosures/9th-circuit-revives-lawsuit-over-citimortgage-foreclosure-records-idUSL2N1MD245

What the banks have done is (1) create self-serving documents and then (2) fabricate other documents that rely upon the facts stated or implied in prior fabricated documents. The “greater weight” (piles of false documents) of the evidence falsely leads judges to presume that all that paper must mean something even when it is all trash.

Like other objections or motions in limine practicitioners should strive for a ruling that the foreclosing party must actually prove the facts that they want to be presumed. That includes the funding of the loan, the payment for the loan, and whether any so-called “transfers” were anything more than some words scratched on a piece of paper. They must prove facts not receive the benefit of a legal presumption or factual assumption.

Transfer documents (e.g., assignment of mortgage) and endorsements imply that a purchase took place. Whether such a purchase took place or not, the documents read the same. The error is in assuming the transaction took place when the source of the document has at least questionable credibility. Credibility questions arise whether it is Wells Fargo in creating fake financial accounts and then charging fees for them, Citi fabricating signatures and notarization, BofA or US Bank appearing as the injured party, or Chase claiming to own WAMU loans that not even WAMU had on its books. It’s obvious that the players are

Credibility questions arise whether it is Wells Fargo in creating fake financial accounts and then charging fees for them, Citi fabricating signatures and notarization, BofA or US Bank appearing as the injured party, or Chase claiming to own WAMU loans that not even WAMU had on its books. It’s obvious that the players are allin on the same “game,” to wit: keeping ivnestors and homeowners in the dark while the banks trade “paper.”

That includes the funding of the loan, the payment for the loan, and whether any so-called “transfers” were anything more than some words scratched on a piece of paper. They must prove facts not presume them. Transfer documents and endorsements imply that a purchase took place

Transfer documents and endorsements imply that a purchase took place because it is obvious that nobody goes around giving mortgage loans away. The “presumption” that the foreclosing parties want to use is that there must have been a purchase transaction in real life — facts — as opposed to the presumption that a transaction occurred in which one party purchased a loan from another party.

The presumption to the contrary in the context of hundreds of thousands (perhaps millions) of cases in which documents were fabricated, forged, robo-signed, and falsely notarized leads the courts to a false conclusion and the denial of the homeowner’s basic defense: this foreclosing party has no right, title or interest in my loan and doesn’t represent anyone who does have a right, title or interest in the debt, note or mortgage.

It is wrong for a court to ignore the 50 state settlement, the consent orders and the many cases in which borrowers were successful in undercutting the claim that the foreclosing party had legal standing.

Consider this: if the foreclosing parties really were acting legally, why wouldn’t they want to prove it? That would certainly discredit borrower defenses and send a message to foreclosure defense lawyers that these loans are real and the transfers were in fact purchases. Where is the prejudice in requiring the foreclosing party to prove its case with facts raather than presumptions?

Why would Goldman Sachs buy Delinquent and Defective Mortgages? Posted on March 18, 2017 by Neil Garfield By the Lending Lies Staff


From Livinglies weblog:
Posted on March 18, 2017 by Neil Garfield
https://livinglies.wordpress.com/

Why would Goldman Sachs buy Delinquent and Defective Mortgages?
Posted on March 18, 2017 by Neil Garfield
By the Lending Lies Staff

Just last year Goldman Sachs entered into settlements with state and federal governments over the sale of toxic mortgage backed securities to investors while subsequently shorting the very same securities they were selling. Goldman would agree to provide $1.8 billion in debt relief to delinquent borrowers. However, since Goldman (and likely no other identifiable party) doesn’t owns the debt, Goldman cuts its losses by repackaging the toxic debt, assigning it an AAA rating and selling it to unsuspecting investors and pension funds for a fee, thus off-loading any liability. Goldman knows the feds won’t do anything to stop its crimes spree- so why not sell mortgage backed securities you know are toxic?
Goldman has once again successfully masterminded a new strategy to satisfy the $1.8 billion settlement without having to fund a dollar of that outstanding obligation, and while also profiting on this RICO scheme.
Goldman’s plan includes buying up billions of dollars of non-performing and defective loans at massive discounts. Goldman just announced they were purchasing 4.5 billion dollars in non-performing loans from Fannie Mae. It would be interesting to research if Fannie Mae discloses that these loans have material defects that cannot be remedied.
Goldman then contacts the homeowners and negotiates loan modifications by incentivizing the homeowner to participate by reducing their principle balance. Most desperate and unsuspecting homeowners have no idea that Goldman is acting as a debt collector and there is no underlying party that owns the debt or has a right to modify the mortgage contract in the first place. Once the modification is signed, in theory, a “new” loan is issued that rectifies all past endorsement, assignment and trust issues, while whitewashing all prior fraud.
The homeowner is now making payments on a new loan that is less than Goldman’s initial discount on the original purchase. Goldman than credits the principle forgiveness against its $1.8 billion dollar mortgage relief obligation while making money! Goldman is able to skirt the punishment and the fine costs them nothing because the debt was acquired at an even larger discount.
Finally, the true ingenuity of this plan emerges. Once the loan is modified and performing, the loans can be repackaged and resold as Triple-A paper once again to unsuspecting buyers.
The Wall Street Journal reports that the debt scavengers at Goldman Sachs are the largest buyer of Fannie Mae’s non-performing loans, having purchased $5.7 billion worth of unpaid loans over the past several months. Goldman Sachs should have been barred from ever participating in mortgage backed securities transactions after its last criminal enterprise.
Over the past year-and-a-half, Goldman Sachs has become the largest buyer of severely delinquent home loans from Fannie Mae. In fact, Goldman has acquired nearly two-thirds of $9.6 billion in loans the agency has auctioned off, representing unpaid loan balances in excess of $5.7 billion, according to the Wall Street Journal’s review of government records.
In all, Goldman has spent roughly $4.5 billion on some 26,000 Fannie-owned loans, according to government records. It has also been buying mortgages, from private sellers and Freddie Mac. Apparently while everyone is unloading zombie mortgage loans, Goldman Sachs is buying as much toxic sludge that is available.
According to the government-sponsored enterprise, the portfolio was split into four pools of loans and auctioned off.
The winning bidder of the smallest of the four pools is Igloo Series II Trust (Balbec Capital). That pool contained 1,465 loans that carry an aggregate unpaid principal balance of $246,748,844.
The pool has an average loan size of $168,429; a weighted average note rate of 4.51%; a weighted average delinquency of 29 months; and a weighted average broker’s price opinion loan-to-value ratio of 78.75%.
The remaining $1.43 billion in unpaid principal balance went to MTGLQ Investors, a “significant subsidiary” of Goldman Sachs.
MTGLQ Investors is now a fixture among the NPL sales from both Fannie Mae and Freddie Mac.
Last year, MTGLQ Investors bought billion-dollar pools of NPLs from Fannie and Freddie in several different sales.
In this latest sale, MTGLQ Investors bought the remaining three pools of NPLs.
The first pool contained 3,062 loans that carry an aggregate unpaid principal balance of $496,205,215.
Goldman has an excellent business plan. By renegotiating and repackaging worthless mortgage loans it can polish high-risk loans into grade-A paper. The pension funds take on all of the risk if the homeowners default, and Goldman will have kicked the can down the road to the newest suckers in the scheme.
On Tuesday Goldman won the majority of defective loans at Fannie Mae’s latest auction, its largest to date. The bank bought about 8,000 loans with unpaid balances of $1.4 billion.
Goldman has paid between 50 and 90 cents on the dollar for the loans, according to Fannie Mae, however, some (if not all) of these loans are likely not worth a dime until fraudulently modified.
Meanwhile, because Goldman is getting credit toward fulfilling the terms of its settlement, it can afford to pay more for the delinquent loans than other competing bidders, which essentially means they’ve not only created but they have cornered an entire market.

2 million phony accounts Wells Fargo!

Together we'll go far Wells Fargo Home Page

5,300 Wells Fargo employees fired over 2 million phony accounts

Everyone hates paying bank fees. But imagine paying fees on a ghost account you didn’t even sign up for.

That’s exactly what happened to Wells Fargo customers nationwide.

On Thursday, federal regulators said Wells Fargo (WFC) employees secretly created millions of unauthorized bank and credit card accounts — without their customers knowing it — since 2011.

The phony accounts earned the bank unwarranted fees and allowed Wells Fargo employees to boost their sales figures and make more money.

“Wells Fargo employees secretly opened unauthorized accounts to hit sales targets and receive bonuses,” Richard Cordray, director of the Consumer Financial Protection Bureau, said in a statement.

Wells Fargo confirmed to CNNMoney that it had fired 5,300 employees over the last few years related to the shady behavior. Employees went so far as to create phony PIN numbers and fake email addresses to enroll customers in online banking services, the CFPB said.

Related: Who owns Wells Fargo? You, me and Warren Buffett

The scope of the scandal is shocking. An analysis conducted by a consulting firm hired by Wells Fargo concluded that bank employees opened over 1.5 million deposit accounts that may not have been authorized.

The way it worked was that employees moved funds from customers’ existing accounts into newly-created ones without their knowledge or consent, regulators say. The CFPB described this practice as “widespread.” Customers were being charged for insufficient funds or overdraft fees — because there wasn’t enough money in their original accounts.

Additionally, Wells Fargo employees also submitted applications for 565,443 credit card accounts without their customers’ knowledge or consent. Roughly 14,000 of those accounts incurred over $400,000 in fees, including annual fees, interest charges and overdraft-protection fees.

The CFPB said Wells Fargo will pay “full restitutions to all victims.”

Related: ATM and overdraft fees top $6 billion at the big 3 banks

Wells Fargo is being slapped with the largest penalty since the CFPB was founded in 2011. The bank agreed to pay $185 million in fines, along with $5 million to refund customers.

“We regret and take responsibility for any instances where customers may have received a product that they did not request,” Wells Fargo said in a statement.

Wells Fargo has the highest market valuation among any bank in America, worth just north of $250 billion. Berkshire Hathaway (BRKA), the investment firm run legendary investor Warren Buffett, is the company’s biggest shareholder.

Of the total fines, $100 million will go toward the CFPB’s Civil Penalty Fund, $35 million will go to the Office of the Comptroller of the Currency, and another $50 million will be paid to the City and County of Los Angeles.

“One wonders whether (the CFPB) penalty of $100 million is enough,” said David Vladeck, a Georgetown University law professor and former director of the Federal Trade Commission’s Bureau of Consumer Protection. “It sounds like a big number, but for a bank the size of Wells Fargo, it isn’t really.”

Wells Fargo confirmed to CNNMoney that the 5,300 firings took place over several years. The bank listed 265,000 employees as of the end of 2015.

Related: Barclays fined $109 million for trying to hide a deal with rich clients

“At Wells Fargo, when we make mistakes, we are open about it, we take responsibility, and we take action,” the bank said in a memo to employees on Thursday.

The CFPB declined to comment on when the investigation began and what sparked it, citing agency policy. “We don’t comment on how we uncover these matters,” a spokesman said.

As part of the settlement, Wells Fargo needs to make changes to its sales practices and internal oversight.

Customers are fuming. Brian Kennedy, a Maryland retiree, told CNNMoney he detected an unauthorized Wells Fargo account had been created in his name about a year ago. He asked Wells Fargo about it and the bank closed it, he said.

“I didn’t sign up for any bloody checking account,” Kennedy, who is 57 years old, told CNNMoney. “They lost me as a banking customer and I have warned family and friends.”

“Consumers must be able to trust their banks,” said Mike Feuer, the Los Angeles City Attorney who joined the settlement.

Feuer’s office sued Wells Fargo in May 2015 over allegations of unauthorized accounts. After filing the suit, his office received more than 1,000 calls and emails from customers as well as current and former Wells Fargo employees about the allegations.

Wells Fargo declined to say when it hired a consulting firm to investigate the allegations. However, a person familiar with the matter told CNNMoney the bank launched the review after the L.A. lawsuit was filed.

Even though the Wells Fargo scandal took place nationally, the settlement with L.A. requires the bank to specifically alert all its California customers to review their accounts and shut down ones they don’t recognize or want.

“How does a bank that is supposed to have robust internal controls permit the creation of over a half-million dummy accounts?” asked Vladeck. “If I were a Wells Fargo customer, and fortunately I am not, I’d think seriously about finding a new bank.”

–To reach the author of this article email Matt.Egan@cnn.com

It Finally Dawned on Me! An Epipheny

James and I were talking the other night, about foreclosure hell.  And as we talked, we were listening to Alex Jones’ InfoWars.  It suddenly all made sense.  All of the foreclosures.  That is not what the show was talking about, at all.  It came to me suddenly, out of the blue.

Think about it.  While thinking about the foreclosures, think about all the illegal immigrants. Where the hell are they all supposed to go, where are they going to live?

Anyone that lives in a house, anywhere, every day, passes by foreclosed upon homes.  How long some of those houses been vacant.  Really now, how long?  We have houses around here that were foreclosed upon pretty early on, most of them are still vacant, and new ones being foreclosed upon every day still.

Do you get it now?  George Soros, with his shit stirring stick, funds Black Lives Matters, and who knows what else.  The banks are still gathering houses, and letting them sit.  Of course, they have lost no money, because they never funded the loans.

This has been a long time coming.  One only needs to sit back and think about it.  They now say that Detroit has been bought by Soros, for the immigrants to live there.  It all makes sense to me now.  We are being replaced by illegal immigrants.  All the people who lost their homes, and wondered why, can now know that it was a long term plan to get rid of Americans.

Just like has happened in Germany, the Germans are moving out, leaving everything for the immigrants.  The immigrants have never lived in a society like that which the Americans are used to.  They don’t want to get along with you.  They treat women like shit.  Throwing them on the ground, kicking them, kicking them in the face and stomping on their heads.  How long do you think it will be  before the same thing is happening here?

I always said the Bank with the most homes in the end wins.  Now I know what it is they have been attempting to win.  The downfall of the American people.  What better way to do it?  Reign in 100’s of thousands of illegal immigrants that hate Americans and the western way of life, brought here to destroy each and every one of us….