Category: law
Corrupt Attorneys Being Held Accountable, Finally!
Courts
Judges Slam More and More Plaintiffs’ Attorneys for Corruption
Photograph by Miguel Alvarez/AFP via Getty Images
Peasants in Leon, Nicaragua, march in 2007 to denounce the use of harmful pesticides at banana plantations
On March 7 a California appellate court upheld a trial judge’s finding that what had been billed as a watershed liability verdict against Dole Food over pesticide use in Nicaragua was actually the product of a conspiracy by corrupt plaintiffs’ lawyers. That decision came only three days after a federal judge in New York ruled that a multibillion-dollar pollution judgment against Chevron (CVX) in 2011 was so tainted by bribery and coercion that it wasn’t worth the paper it was written on.
Meanwhile, in Texas, a prominent class-action injury lawyer faces mounting woes because of allegations that he faked thousands of damage claims against BP (BP)related to the 2010 Gulf of Mexico oil spill. When you combine these cases with the criminal convictions several years ago of plaintiffs-bar titans Mel Weiss, Bill Lerach, and Dickie Scruggs—all of whom served time for corrupting the civil justice system—it’s hard to deny that there’s deep dysfunction within a powerful portion of the legal profession that claims to fight corporate abuse on behalf of the little guy.
A look at the Dole ruling illustrates the point. The California Court of Appeal in Los Angeles affirmed dismissal of one of a series of suits filed against Dole, alleging the company’s use of pesticides in Nicaragua left banana workers sterile in the late 1970s. In all, these suits resulted in billions of dollars in judgments against Dole.
The case at issue in the March 7 ruling, known as Tellez, went to trial in 2008 and produced a multimillion-dollar verdict for workers. That verdict was thrown out when Dole’s attorneys proved that many of the plaintiffs never worked for the company and weren’t, in fact, sterile. Witnesses and investigators were intimidated in Nicaragua, and plaintiffs were coached to concoct false stories. One supposed victim testified that he was instructed to memorize and repeat phony evidence “like a parrot.”
Plaintiffs’ lawyers and law firms are major political contributors, particularly to Democrats
The California appellate court said the trial judge correctly sent the Tellez plaintiffs packing. The ruling was a win for the Los Angeles firm Gibson, Dunn & Crutcher, which has engineered the negation of multiple pesticide verdicts against Dole. That accomplishment prompted Chevron to hire Gibson Dunn to fight back against a $19 billion oil-contamination judgment imposed by an Ecuadorean court in 2011. In the Chevron case, U.S. District Judge Lewis Kaplan of New York ruled on March 4 that plaintiffs’ attorney Steven Donziger turned his Ecuadorean lawsuit against the oil company into a racketeering scheme, complete with extortion, bribery of judges, and fabrication of evidence. Donziger has denied wrongdoing and vowed to appeal.
Mass-tort and class-action securities-fraud suits reached their apogee in the 1990s, fueled in part by the energy and ingenuity of an elite fraternity of plaintiffs’ firms and individual lawyers, some of whom became phenomenally wealthy as a result of their success. There’s nothing necessarily wrong, of course, with plaintiffs’ attorneys doing well along the path to doing good, just as there’s nothing necessarily improper with corporate-defense lawyers getting richly paid.
But as the plaintiffs’ bar achieved lucrative triumphs in asbestos litigation and the tobacco cases, some of its leaders lost their bearings. Scruggs, who earned a fortune in both of those arenas, pleaded guilty in 2008 to crimes related to a judicial bribery scheme. Weiss and Lerach, impresarios of securities-fraud class actions, went to prison for paying kickbacks to shareholder plaintiffs-for-hire. Last year the Kentucky Supreme Court upheld the disbarment of Stanley Chesley, a scourge of the pharmaceuticals and chemicals industries, among others. Chesley allegedly sought “unreasonable” fees in the settlement of a diet drug class action against Wyeth, now part of Pfizer (PFE).
Mikal Watts of San Antonio ranks among the nation’s most feared mass-injury lawyers. In the wake of the BP oil spill four years ago, his firm filed some 40,000 claims on behalf of deckhands and others alleging economic harm from the disaster that killed 11 rig workers and sullied the Gulf Coast. Last December, BP hit back, accusing Watts of seeking to shake down the company by filing claims for thousands of “phantom” clients who didn’t fit his description of them or didn’t exist at all. Then, in January, another well-known mass-tort attorney, Danny Becnel of Louisiana, filed a separate suit against Watts on behalf of Vietnamese American fishermen and business owners who say Watts used their names without authorization. Watts last year resigned from the plaintiffs’ steering committee helping to direct the litigation against BP after media reports that federal agents had searched his offices in connection with the phantom-claims scandal. The federal criminal probe is continuing. Watts, a major fundraiser for the presidential campaigns of Barack Obama, has denied any wrongdoing—civil or criminal. His lawyers have said all his filings against BP were made in good faith.
Despite the egregiousness of the plaintiffs’ bar abuses, there’s little chance that Congress will enact tort reform anytime soon, says Victor Schwartz, a lobbyist for business on the issue and a partner in Washington with law firm Shook, Hardy & Bacon. Plaintiffs’ lawyers and law firms are major political contributors, particularly to Democrats, who have fought attempts to cap settlements in big corporate liability cases and class actions. Lawyers spent about $135 million in 2012 helping to elect Democrats, compared with $56 million for Republican candidates, according to the Center for Responsive Politics, which tracks political money. “There have been no major business civil justice victories [in Congress] for almost a decade,” Schwartz says. Likewise, President Obama has shown little interest in taking on attorneys who invested $28 million in his reelection effort in 2012, more than twice what they gave Mitt Romney, according to the center. And bar associations and state attorneys general rarely seek to prosecute litigation fraud, which is expensive to pursue and politically fraught. As a result, says Sherman Joyce, president of the corporate-funded American Tort Reform Association, “too many plaintiffs’ lawyers believe there’s not much risk in filing fraudulent suits.”
The bottom line: Dole and Chevron have won major court victories after federal judges ruled that plaintiffs’ lawyers engaged in fraud.
Next Round of Disasters From Japan
TV: Massive M8.2 quake in Eastern Pacific triggers tsunami — NHK: Fukushima plant cancels work, cooling pumps and emergency generators moved to higher ground — Agency warns high waves could reach Japan early tomorrow (VIDEO)
Published: April 2nd, 2014 at 12:51 pm ET
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Arirang News, Apr. 2, 2014: Massive 8.2 earthquake off Chilean coast triggers tsunami — A magnitude-8.2 earthquake struck off the coast of northern Chile Tuesday evening local time, causing landslides and prompting authorities to issue a tsunami warning that forced those in coastal areas to evacuate. […] Asia may also feel the effects, Japan’s Meteorological Agency warned that high waves triggered by the quake in Chile could reach Japan by early tomorrow morning. […] the Japanese agency doesn’t yet know how big the waves will be.
Jiji Press, Apr. 2, 2014: Up to 1-meter tsunami could reach Japan […] Tsunami of between 20 cm and 1 meter could reach Pacific coastal areas in Japan on Thursday morning, a day after a magnitude-8.2 earthquake struck off Chile’s 
northern coast, the Meteorological Agency said. If necessary, the agency will issue a tsunami advisory at around 3 a.m. Thursday, or a tsunami warning much earlier. Tsunami are forecast to reach the Pacific coast of Hokkaido around 5 a.m., coastal areas of the Kanto eastern region around 6 a.m. […]
NHK WORLD, Apr. 2, 2014:Fukushima Daiichi wary of Chile tsunami — The operator of the damaged Fukushima Daiichi nuclear power plant has cancelled work at the seaside planned for Wednesday night through Thursday morning. The possibility of tsunami caused by the huge earthquake off Chile forced it to call off the work. [TEPCO] made the decision after Japan’s Meteorological Agency said that advisory-level tsunamis up to one meter high could reach the country. […] TEPCO has also moved pumps for cooling the reactors and emergency generators to higher ground.
Watch the Arirang broadcast here
Published: April 2nd, 2014 at 12:51 pm ET
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Never Ending Foreclosures
Foreclosure filings were reported on 124,419 U.S. properties in January 2014, an 8 percent increase from December but still down 18 percent from January 2013. Foreclosure filings were reported on 1,361,795 U.S. properties in 2013, down 26 percent from 2012 and down 53 percent from the peak of 2.9 million properties with foreclosure filings in 2010. But still, 9.3 million U.S. residential properties were deeply underwater representing 19 percent of all properties with a mortgage in December 2013, down from 10.7 million homes underwater in September 2013.[1]
In 2006 there were 1,215,304 foreclosures, 545,000 foreclosure filings and 268,532 Home Repossessions. By 2007 foreclosures had almost doubled – up to 2,203,295 with 1,260,000 foreclosure filings and 489,000 Home Repossessions. 2008 saw an even further increase to 3,019,482 foreclosures, 2,350,000 Foreclosure filings and 679,000 Home Repossessions. In 2009 – 3,457,643 foreclosures, 2,920,000 foreclosure filings, and 945,000 Home Repossessions. 2010: 3,843,548 foreclosures, 3,500,000 foreclosure filings, and 1,125,000 Home Repossessions. 2011: 3,920,418 foreclosures, 3,580,000 foreclosure filings, and 1,147,000 Home Repossessions. Then January to September 2012: 1,616,427 foreclosures 1,382,000 foreclosure filings and 572,844 Repossessions. The remainder of 2012 – September through December saw an additional 2,300,000 foreclosures, 2,100,000 foreclosure filings and 700,000 Repossessions. In other words, from 2006 through 2012, there were a total of 21,576,117 foreclosures; 17,637,000 foreclosure filings; 5,926,376 Home Repossessions. The foreclosures added to the repossessions is equal to: 27,502,493[2]. The numbers are staggering.
Many of the homes have been wrongfully foreclosed upon, where either the party had not been in default, or the foreclosing party lacked standing to foreclose. It has become almost as lawless as the wildwest, or comparable to a shark feeding frenzy.
[1] All of the foreclosure figures came from RealtyTrac: http://www.realtytrac.com/content/foreclosure-market-report
[2] http://www.statisticbrain.com/home-foreclosure-statistics/Statistic Verification Source: RealtyTrac, Federal Reserve, Equifax
C IS FOR CANCER FUKUSHIMA
Fukushima: A Nuclear War without a War: The Unspoken Crisis of Worldwide Nuclear Radiation
ONLINE READER
Region: Asia
Note to Readers: Remember to bookmark this page for future reference.
Please Forward the GR I-Book far and wide. Post it on Facebook.
[scroll down for I-BOOK Table of Contents]
Originally published in January 2012
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GLOBAL RESEARCH ONLINE INTERACTIVE READER SERIES
Fukushima: A Nuclear War without a War
The Unspoken Crisis of Worldwide Nuclear Radiation
Michel Chossudovsky (Editor)
I-Book No. 3, January 25 2012
Global Research’s Online Interactive I-Book Reader brings together, in the form of chapters, a collection of Global Research feature articles and videos, including debate and analysis, on a broad theme or subject matter.
In this Interactive Online I-Book we bring to the attention of our readers an important collection of articles, reports and video material on the Fukushima nuclear catastrophe and its impacts (scroll down for the Table of Contents).
To consult our Online Interactive I-Book Reader Series, click here.
INTRODUCTION
The World is at a critical crossroads. The Fukushima disaster in Japan has brought to the forefront the dangers of Worldwide nuclear radiation.
The crisis in Japan has been described as “a nuclear war without a war”. In the words of renowned novelist Haruki Murakami:
“This time no one dropped a bomb on us … We set the stage, we committed the crime with our own hands, we are destroying our own lands, and we are destroying our own lives.”
Nuclear radiation –which threatens life on planet earth– is not front page news in comparison to the most insignificant issues of public concern, including the local level crime scene or the tabloid gossip reports on Hollywood celebrities.
While the long-term repercussions of the Fukushima Daiichi nuclear disaster are yet to be fully assessed, they are far more serious than those pertaining to the 1986 Chernobyl disaster in the Ukraine, which resulted in almost one million deaths (New Book Concludes – Chernobyl death toll: 985,000, mostly from cancer Global Research, September 10, 2010, See also Matthew Penney and Mark Selden The Severity of the Fukushima Daiichi Nuclear Disaster: Comparing Chernobyl and Fukushima, Global Research, May 25, 2011)
Moreover, while all eyes were riveted on the Fukushima Daiichi plant, news coverage both in Japan and internationally failed to fully acknowledge the impacts of a second catastrophe at TEPCO’s (Tokyo Electric Power Co Inc) Fukushima Daini nuclear power plant.
The shaky political consensus both in Japan, the U.S. and Western Europe is that the crisis at Fukushima has been contained.
The realties, however, are otherwise. Fukushima 3 was leaking unconfirmed amounts of plutonium. According to Dr. Helen Caldicott, “one millionth of a gram of plutonium, if inhaled can cause cancer”.
An opinion poll in May 2011 confirmed that more than 80 per cent of the Japanese population do not believe the government’s information regarding the nuclear crisis. (quoted in Sherwood Ross,Fukushima: Japan’s Second Nuclear Disaster, Global Research, November 10, 2011)
The Impacts in Japan
The Japanese government has been obliged to acknowledge that “the severity rating of its nuclear crisis … matches that of the 1986 Chernobyl disaster”. In a bitter irony, however, this tacit admission by the Japanese authorities has proven to been part of the cover-up of a significantly larger catastrophe, resulting in a process of global nuclear radiation and contamination:
“While Chernobyl was an enormous unprecedented disaster, it only occurred at one reactor and rapidly melted down. Once cooled, it was able to be covered with a concrete sarcophagus that was constructed with 100,000 workers. There are a staggering 4400 tons of nuclear fuel rods at Fukushima, which greatly dwarfs the total size of radiation sources at Chernobyl.” ( Extremely High Radiation Levels in Japan: University Researchers Challenge Official Data, Global Research, April 11, 2011)
Fukushima in the wake of the Tsunami, March 2011
Worldwide Contamination
The dumping of highly radioactive water into the Pacific Ocean constitutes a potential trigger to a process of global radioactive contamination. Radioactive elements have not only been detected in the food chain in Japan, radioactive rain water has been recorded in California:
“Hazardous radioactive elements being released in the sea and air around Fukushima accumulate at each step of various food chains (for example, into algae, crustaceans, small fish, bigger fish, then humans; or soil, grass, cow’s meat and milk, then humans). Entering the body, these elements – called internal emitters – migrate to specific organs such as the thyroid, liver, bone, and brain, continuously irradiating small volumes of cells with high doses of alpha, beta and/or gamma radiation, and over many years often induce cancer”. (Helen Caldicott, Fukushima: Nuclear Apologists Play Shoot the Messenger on Radiation, The Age, April 26, 2011)
While the spread of radiation to the West Coast of North America was casually acknowledged, the early press reports (AP and Reuters) “quoting diplomatic sources” stated that only “tiny amounts of radioactive particles have arrived in California but do not pose a threat to human health.”
“According to the news agencies, the unnamed sources have access to data from a network of measuring stations run by the United Nations’ Comprehensive Test Ban Treaty Organization. …
… Greg Jaczko, chair of the U.S. Nuclear Regulatory Commission, told White House reporters on Thursday (March 17) that his experts “don’t see any concern from radiation levels that could be harmful here in the United States or any of the U.S. territories”.
The spread of radiation. March 2011
Public Health Disaster. Economic Impacts
What prevails is a well organized camouflage. The public health disaster in Japan, the contamination of water, agricultural land and the food chain, not to mention the broader economic and social implications, have neither been fully acknowledged nor addressed in a comprehensive and meaningful fashion by the Japanese authorities.
Japan as a nation state has been destroyed. Its landmass and territorial waters are contaminated. Part of the country is uninhabitable. High levels of radiation have been recorded in the Tokyo metropolitan area, which has a population of 39 million (2010) (more than the population of Canada, circa 34 million (2010)) There are indications that the food chain is contaminated throughout Japan:
Radioactive cesium exceeding the legal limit was detected in tea made in a factory in Shizuoka City, more than 300 kilometers away from the Fukushima Daiichi nuclear power plant. Shizuoka Prefecture is one of the most famous tea producing areas in Japan.
A tea distributor in Tokyo reported to the prefecture that it detected high levels of radioactivity in the tea shipped from the city. The prefecture ordered the factory to refrain from shipping out the product. After the accident at the Fukushima nuclear power plant, radioactive contamination of tea leaves and processed tea has been found over a wide area around Tokyo. (See 5 More Companies Detect Radiation In Their Tea Above Legal Limits Over 300 KM From Fukushima, June 15, 2011)
Japan’s industrial and manufacturing base is prostrate. Japan is no longer a leading industrial power. The country’s exports have plummeted. The Tokyo government has announced its first trade deficit since 1980.
While the business media has narrowly centered on the impacts of power outages and energy shortages on the pace of productive activity, the broader issue pertaining to the outright radioactive contamination of the country’s infrastructure and industrial base is a “scientific taboo” (i.e the radiation of industrial plants, machinery and equipment, buildings, roads, etc). A report released in January 2012 points to the nuclear contamination of building materials used in the construction industry, in cluding roads and residential buildings throughout Japan.(See FUKUSHIMA: Radioactive Houses and Roads in Japan. Radioactive Building Materials Sold to over 200 Construction Companies, January 2012)
A “coverup report” by the Ministry of Economy, Trade and Industry (May 2011), entitled “Economic Impact of the Great East Japan Earthquake and Current Status of Recovery“ presents “Economic Recovery” as a fait accompli. It also brushes aside the issue of radiation. The impacts of nuclear radiation on the work force and the country’s industrial base are not mentioned. The report states that the distance between Tokyo -Fukushima Dai-ichi is of the order of 230 km (about 144 miles) and that the levels of radiation in Tokyo are lower than in Hong Kong and New York City.(Ministry of Economy, Trade and Industry, Impact of the Great East Japan Earthquake and Current Status of Recovery, p.15). This statement is made without corroborating evidence and in overt contradiction with independent radiation readings in Tokyo (se map below). In recent developments, Sohgo Security Services Co. is launching a lucrative “radiation measurement service targeting households in Tokyo and four surrounding prefectures”.
“A map of citizens’ measured radiation levels shows radioactivity is distributed in a complex pattern reflecting the mountainous terrain and the shifting winds across a broad area of Japan north of Tokyo which is in the center of the of bottom of the map.”
SOURCE: Science Magazine
“Radiation limits begin to be exceeded at just above 0.1 microsieverts/ hour blue. Red is about fifty times the civilian radiation limit at 5.0 microsieverts/hour. Because children are much more sensitive than adults, these results are a great concern for parents of young children in potentially affected areas.”
The fundamental question is whether the vast array of industrial goods and components “Made in Japan” — including hi tech components, machinery, electronics, motor vehicles, etc — and exported Worldwide are contaminated? Were this to be the case, the entire East and Southeast Asian industrial base –which depends heavily on Japanese components and industrial technology– would be affected. The potential impacts on international trade would be farreaching. In this regard, in January, Russian officials confiscated irradiated Japanese automobiles and autoparts in the port of Vladivostok for sale in the Russian Federation. Needless to say, incidents of this nature in a global competitive environment, could lead to the demise of the Japanese automobile industry which is already in crisis.
While most of the automotive industry is in central Japan, Nissan’s engine factory in Iwaki city is 42 km from the Fukushima Daiichi plant. Is the Nissan work force affected? Is the engine plant contaminated? The plant is within about 10 to 20 km of the government’s “evacuation zone” from which some 200,000 people were evacuated (see map below).
Nuclear Energy and Nuclear War
The crisis in Japan has also brought into the open the unspoken relationship between nuclear energy and nuclear war.
Nuclear energy is not a civilian economic activity. It is an appendage of the nuclear weapons industry which is controlled by the so-called defense contractors. The powerful corporate interests behind nuclear energy and nuclear weapons overlap.
In Japan at the height of the disaster, “the nuclear industry and government agencies [were] scrambling to prevent the discovery of atomic-bomb research facilities hidden inside Japan’s civilian nuclear power plants”.1 (See Yoichi Shimatsu, Secret Weapons Program Inside Fukushima Nuclear Plant? Global Research, April 12, 2011)
It should be noted that the complacency of both the media and the governments to the hazards of nuclear radiation pertains to the nuclear energy industry as well as to to use of nuclear weapons. In both cases, the devastating health impacts of nuclear radiation are casually denied. Tactical nuclear weapons with an explosive capacity of up to six times a Hiroshima bomb are labelled by the Pentagon as “safe for the surrounding civilian population”.
No concern has been expressed at the political level as to the likely consequences of a US-NATO-Israel attack on Iran, using “safe for civilians” tactical nuclear weapons against a non-nuclear state.
Such an action would result in “the unthinkable”: a nuclear holocaust over a large part of the Middle East and Central Asia. A nuclear nightmare, however, would occur even if nuclear weapons were not used. The bombing of Iran’s nuclear facilities using conventional weapons would contribute to unleashing another Fukushima type disaster with extensive radioactive fallout. (For further details See Michel Chossudovsky, Towards a World War III Scenario, The Dangers of Nuclear War, Global Research, Montreal, 2011)
The Online Interactive I-Book Reader on Fukushima: A Nuclear War without a War
In view of the official cover-up and media disinformation campaign, the contents of the articles and video reports in this Online Interactive Reader have not trickled down to to the broader public. (See Table of contents below)
This Online Interactive Reader on Fukushima contains a combination of analytical and scientific articles, video reports as well as shorter news reports and corroborating data.
Part I focusses on The Fukushima Nuclear Disaster: How it Happened? Part II pertains to The Devastating Health and Social Impacts in Japan. Part III centers on the “Hidden Nuclear Catastrophe”, namely the cover-up by the Japanese government and the corporate media. Part IVfocusses on the issue of Worlwide Nuclear Radiation and Part V reviews the Implications of the Fukushima disaster for the Global Nuclear Energy Industry.
In the face of ceaseless media disinformation, this Global Research Online I-Book on the dangers of global nuclear radiation is intended to break the media vacuum and raise public awareness, while also pointing to the complicity of the governments, the media and the nuclear industry.
We call upon our readers to spread the word.
We invite university, college and high school teachers to make this Interactive Reader on Fukushima available to their students.
Michel Chossudovsky, January 25, 2012
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TABLE OF CONTENTS
PART I
The Fukushima Nuclear Disaster: How it Happened
The Fukushima Nuclear Disaster: What Happened on “Day One”?
– by Yoichi Shimatsu – 2011-04-16
Fukushima is the greatest nuclear and environmental disaster in human history
– by Steven C. Jones – 2011-06-20
Nuclear Apocalypse in Japan
Lifting the Veil of Nuclear Catastrophe and cover-up
– by Keith Harmon Snow – 2011-03-18
Humanity now faces a deadly serious challenge coming out of Japan — the epicenter of radiation.
VIDEO: Full Meltdown? Japan Maximum Nuclear Alert
Watch now on GRTV
-by Christopher Busby- 2011-03-30
Fukushima: Japan’s Second Nuclear Disaster
– by Sherwood Ross – 2011-11-10
Secret Weapons Program Inside Fukushima Nuclear Plant?
U.S.-Japan security treaty fatally delayed nuclear workers’ fight against meltdown
– by Yoichi Shimatsu – 2011-04-12
The specter of self-destruction can be ended only with the abrogation of the U.S.-Japan security treaty, the root cause of the secrecy that fatally delayed the nuclear workers’ fight against meltdown.
Fukushima: “China Syndrome Is Inevitable” … “Huge Steam Explosions”
“Massive Hydrovolcanic Explosion” or a “Nuclear Bomb-Type Explosion” May Occur
– by Washington’s Blog – 2011-11-22
Accident at Second Japanese Nuclear Complex: The Nuclear Accident You Never Heard About
– by Washington’s Blog – 2012-01-12
VIDEO: New TEPCO Photographs Substantiate Significant Damage to Fukushima Unit 3
Latest report now on GRTV
– by Arnie Gundersen – 2011-10-20
PART II
The Devastating Health and Social Impacts in Japan
VIDEO: Surviving Japan: A Critical Look at the Nuclear Crisis
Learn more about this important new documentary on GRTV
– by Chris Noland – 2012-01-23
Fukushima and the Battle for Truth
Large sectors of the Japanese population are accumulating significant levels of internal contamination
– by Paul Zimmerman – 2011-09-27
FUKUSHIMA: Public health Fallout from Japanese Quake
“Culture of cover-up” and inadequate cleanup. Japanese people exposed to “unconscionable” health risks
– by Canadian Medical Association Journal – 2011-12-30
– 2012-01-16
VIDEO: Cancer Risk To Young Children Near Fukushima Daiichi Underestimated
Watch this important new report on GRTV
– by Arnie Gundersen – 2012-01-19
VIDEO: The Results Are In: Japan Received Enormous Exposures of Radiation from Fukushima
Important new video now on GRTV
– by Arnie Gundersen, Marco Kaltofen – 2011-11-07
The Tears of Sanriku (三陸の涙). The Death Toll for the Great East Japan Earthquake Nuclear Disaster
– by Jim Bartel – 2011-10-31
The Severity of the Fukushima Daiichi Nuclear Disaster: Comparing Chernobyl and Fukushima
– by Prof. Matthew Penney, Prof. Mark Selden – 2011-05-24
Uncertainty about the long-term health effects of radiation
Radioactivity in Food: “There is no safe level of radionuclide exposure, whether from food, water or other sources. Period,” – by Physicians For Social Responsibility – 2011-03-23
71,000 people in the city next to the Fukushima nuclear plant “We’ve Been Left to Die” – 2011-03-19
Tokyo Water Unsafe For Babies, Food Bans Imposed – by Karyn Poupee – 2011-03-23
PART III
Hidden Nuclear Catastrophe: Cover-up by the Japanese Government and the Corporate Media
VIDEO: Japanese Government Insiders Reveal Fukushima Secrets
GRTV Behind the Headlines now online
– by James Corbett – 2011-10-06
Fukushima and the Mass Media Meltdown
The Repercussions of a Pro-Nuclear Corporate Press
– by Keith Harmon Snow – 2011-06-20
– by Alexander Higgins – 2011-04-18
Emergency Special Report: Japan’s Earthquake, Hidden Nuclear Catastrophe
– by Yoichi Shimatsu – 2011-03-13
The tendency to deny systemic errors – “in order to avoid public panic” – is rooted in the determination of an entrenched Japanese bureaucracy to protect itself…
VIDEO: Fukushima: TEPCO Believes Mission Accomplished & Regulators Allow Radioactive Dumping in Tokyo Bay
Learn more on GRTV
– by Arnie Gundersen – 2012-01-11
The Dangers of Radiation: Deconstructing Nuclear Experts
– by Chris Busby – 2011-03-31
“The nuclear industry is waging a war against humanity.” This war has now entered an endgame which will decide the survival of the human race.
Engineers Knew Fukushima Might Be Unsafe, But Covered It Up …
And Now the Extreme Vulnerabilty of NEW U.S. Plants Is Being Covered Up
– by Washington’s Blog – 2011-11-12
COVERUP: Are Fukushima Reactors 5 and 6 In Trouble Also?
– by Washington’s Blog – 2011-11-14
Fukushima’s Owner Adds Insult to Injury – Claims Radioactive Fallout Isn’t Theirs
– by John LaForge – 2012-01-17
PART IV
The Process of Worldwide Nuclear Radiation
VIDEO: Japan’s Nuclear Crisis: The Dangers of Worldwide Radiation
– by Dr. Helen Caldicott – 2012-01-25
An Unexpected Mortality Increase in the US Follows Arrival of Radioactive Plume from Fukushima, Is there a Correlation?
– by Dr. Joseph J. Mangano, Dr. Janette Sherman – 2011-12-20
In the US, Following the Fukushima fallout, samples of radioactivity in precipitation, air, water, and milk, taken by the U.S. government, showed levels hundreds of times above normal…
Radioactive Dust From Japan Hit North America 3 Days After Meltdown
But Governments “Lied” About Meltdowns and Radiation
– by Washington’s Blog – 2011-06-24
VIDEO: Fukushima Will Be Radiating Everyone for Centuries
New report now on GRTV
– by Michio Kaku, Liz Hayes – 2011-08-23
Fukushima: Diseased Seals in Alaska tested for Radiation
– 2011-12-29
– by Washington’s Blog – 2011-11-15
PART V
Implications for the Global Nuclear Energy Industry
Science with a Skew: The Nuclear Power Industry After Chernobyl and Fukushima
– by Gayle Greene – 2012-01-26
After Fukushima: Enough Is Enough
– by Helen Caldicott – 2011-12-05
VIDEO: Radiation Coverups Confirmed: Los Alamos, Fort Calhoun, Fukushima, TSA
New Sunday Report now on GRTV
– by James Corbett – 2011-07-04
VIDEO: Why Fukushima Can Happen Here: What the NRC and Nuclear Industry Don’t Want You to Know
Watch now on GRTV
– by Arnie Gundersen, David Lochbaum – 2011-07-12
VIDEO: Safety Problems in all Reactors Designed Like Fukushima
Learn more on GRTV
– by Arnie Gundersen – 2011-09-26
VIDEO: Proper Regulation of Nuclear Power has been Coopted Worldwide
Explore the issues on GRTV
– by Arnie Gundersen – 2011-10-05
VIDEO: New Nuclear Reactors Do Not Consider Fukushima Design Flaws
Find out more on GRTV
– by Arnie Gundersen – 2011-11-24
Nuclear Energy: Profit Driven Industry
“Nuclear Can Be Safe Or It Can Be Cheap … But It Can’t Be Both”
– by Washington’s Blog – 2011-12-23
VIDEO: Fukushima and the Fall of the Nuclear Priesthood
Watch the new GRTV Feature Interview
– by Arnie Gundersen – 2011-10-22
Why is there a Media Blackout on Nuclear Incident at Fort Calhoun in Nebraska?
– by Patrick Henningsen – 2011-06-23
Startling Revelations about Three Mile Island Disaster Raise Doubts Over Nuke Safety
– by Sue Sturgis – 2011-07-24
Radioactive Leak at Fort Calhoun Nuclear Power Station
– by Rady Ananda – 2011-07-01
VIDEO: US vs Japan: The Threat of Radiation Speculation
Dangerous double standards examined on GRTV
– by Arnie Gundersen – 2011-06-25
Additional articles and videos on Fukushima and Nuclear Radiation are available at Global Research’s Dossier on The Environment
TEXT BOX
Nuclear Radiation: Categorization
At Fukushima, reports confirm that alpha, beta, gamma particles and neutrons have been released:
“While non-ionizing radiation and x-rays are a result of electron transitions in atoms or molecules, there are three forms of ionizing radiation that are a result of activity within the nucleus of an atom. These forms of nuclear radiation are alpha particles (α-particles), beta particles (β-particles) and gamma rays (γ-rays).
Alpha particles are heavy positively charged particles made up of two protons and two neutrons. They are essentially a helium nucleus and are thus represented in a nuclear equation by either α or
. See the Alpha Decay page for more information on alpha particles.
Beta particles come in two forms:
and
.
Gamma rays are photons of high energy electromagnetic radiation (light). Gamma rays generally have the highest frequency and shortest wavelengths in the electromagnetic spectrum. There is some overlap in the frequencies of gamma rays and x-rays; however, x-rays are formed from electron transitions while gamma rays are formed from nuclear transitions. See the Gamma Rays for more” (SOURCE:Canadian Nuclear Association)
“A neutron is a particle that is found in the nucleus, or center, of atoms. It has a mass very close to protons, which also reside in the nucleus of atoms. Together, they make up almost all of the mass of individual atoms. Each has a mass of about 1 amu, which is roughly 1.6×10-27kg. Protons have a positive charge and neutrons have no charge, which is why they were more difficult to discover.” (SOURCE: Neutron Radiation)
“Many different radioactive isotopes are used in or are produced by nuclear reactors. The most important of these are described below:
1. Uranium 235 (U-235) is the active component of most nuclear reactor fuel.
2. Plutonium (Pu-239) is a key nuclear material used in modern nuclear weapons and is also present as a by-product in certain reprocessed fuels used in some nuclear reactors. Pu-239 is also produced in uranium reactors as a byproduct of fission of U-235.
3. Cesium (Cs-137 ) is a fission product of U-235. It emits beta and gamma radiation and can cause radiation sickness and death if exposures are high enough. …
4. Iodine 131 (I-131), also a fission product of U-235, emits beta and gamma radiation. After inhalation or ingestion, it is absorbed by and concentrated in the thyroid gland, where its beta radiation damages nearby thyroid tissue (SOURCE: Amesh A. Adalja, MD, Eric S. Toner, MD, Anita Cicero, JD, Joseph Fitzgerald, MS, MPH, and Thomas V. Inglesby MD, Radiation at Fukushima: Basic Issues and Concepts, March 31, 2011)
Michel Chossudovsky is an award-winning author, Professor of Economics (Emeritus) at the University of Ottawa. He is the Founder and Director of the Centre for Research on Globalization (CRG), Montreal and Editor of the globalresearch.ca website. He is the author of The Globalization of Poverty and The New World Order (2003) and America’s “War on Terrorism”(2005). His most recent book is entitled Towards a World War III Scenario: The Dangers of Nuclear War (2011). He has taught as Visiting Professor at universities in Western Europe, South East Asia, Latin America and The Pacific, acted as adviser to governments of developing countries and as a consultant to several international organizations. Prof. Chossudovsky is a signatory of the Kuala Lumpur declaration to criminalize war and recipient of the Human Rights Prize of the Society for the Protection of Civil Rights and Human Dignity (GBM), Berlin, Germany. He is also a contributor to the Encyclopaedia Britannica. His writings have been published in more than twenty languages.
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Michel Chossudovsky is an award-winning author, Professor of Economics (emeritus) at the University of Ottawa, Founder and Director of the Centre for Research on Globalization (CRG), Montreal and Editor of the globalresearch.ca website. He is the author of The Globalization of Poverty and The New World Order (2003) and America’s “War on Terrorism”(2005). His most recent book is entitled Towards a World War III Scenario: The Dangers of Nuclear War (2011). He is also a contributor to the Encyclopaedia Britannica. His writings have been published in more than twenty languages. He can be reached at crgeditor@yahoo.com ——————————————————————————————————————Michel Chossudovsky est directeur du Centre de recherche sur la mondialisation et professeur émérite de sciences économiques à l’Université d’Ottawa. Il est l’auteur de “Guerre et mondialisation, La vérité derrière le 11 septembre”, “La Mondialisation de la pauvreté et nouvel ordre mondial” (best-seller international publié en plus de 10 langues). Contact : crgeditor@yahoo.com
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New Legal Issues – Jeff Barnes Esq., Foreclosure Defense Nationwide
NEW LEGAL ISSUES COMING UP IN TRIAL AND APPELLATE COURTS
DECEMBER 16, 2013
December 16, 2013
With the release of the US Bank admissions per our post of November 6, 2013; the issuance of the opinions from the Supreme Courts of Oregon and Montana holding that MERS is not the “beneficiary”; and recent opinions from various jurisdictions which are now, finally, holding that securitization-related issues are relevant in a foreclosure, a host of new legal issues are about to be litigated in the trial and appellate courts throughout the country. It has taken six (6) years and coast-to-coast work to get courts to realize that securitization of a mortgage loan raises issues as to standing, real party in interest, and the alleged authority to foreclose, and that the simplistic mantra of the “banks” and servicers of “we have the note, thus we win” is no longer to be blindly accepted.
One issue which we and others are litigating relates to mortgage loans originated by Option One, which changed its name to Sand Canyon Corporation and thereafter ceased all mortgage loan operations. Pursuant to the sworn testimony of the former President of Sand Canyon, it stopped owning mortgage loans as of 2008. However, even after this cessation of any involvement with servicing or ownership of mortgage loans, we see “Assignments” from Option One or Sand Canyon to a securitization trustee bank or other third party long after 2008.
The United States District Court for the District of New Hampshire concluded, with the admission of the President of Sand Canyon, that the homeowner’s challenge to the foreclosure based on a 2011 alleged transfer from Sand Canyon to Wells Fargo was not an “attack on the assignment” which certain jurisdictions have precluded on the alleged basis that the borrower is not a party to the assignment, but is a situation where no assignment occurred because it could not have as a matter of admitted fact, as Sand Canyon could not assign something it did not have. The case is Drouin v. American Home Mortgage Servicing, Inc. and Wells Fargo, etc., No. 11-cv-596-JL.
The Option One/Sand Canyon situation is not unique: there are many originating “lenders” which allegedly “assigned” mortgages or Deeds of Trust long after they went out of business or filed for Bankruptcy, with no evidence of post-closing assignment authority or that the Bankruptcy court having jurisdiction over a bankrupt lender ever granted permission for the alleged transfer of the loan (which is an asset of the Bankruptcy estate) out of the estate. Such a transfer without proof of authority to do so implicates bankruptcy fraud (which is a serious crime punishable under United States criminal statutes), and fraud on the court in a foreclosure case where such an alleged assignment is relied upon by the foreclosing party.
As we stated in our post of November 6, the admission of US Bank that a borrower is a party to any MBS transaction and that the loan is governed by the trust documents means that the borrower is, in fact, a party to any assignment of that borrower’s loan, and should thus be permitted to seek discovery as to any alleged assignment and all issues related to the securitization of the loan. We have put this issue out in many of our cases, and will be arguing this position at both the trial and appellate levels beginning early 2014.
Jeff Barnes, Esq., http://www.ForeclosureDefenseNationwide.com
Thoughts on Foreclosures
James and I were working outside, and he called me over and we began talking about that which occupies most of out time…
Foreclosures.
Many people don’t realize it, but there are many unseen reasons that people are foreclosed on. After putting people into toxic loans, and putting those toxic loans into pools with numerous other toxic loans, there was just a matter of time before the loans would go default, we all know that, the payments would become unmanageable.
But many people, those who came to a better standing than they had been before, and being more prosperous, and even those who were not, would have gone on to refinance those loans. That could not be allowed to happen, because the loans would be paid off and the loans dissolved. How do you stop someone from refinancing their loan? Foreclose before they can.
They could not have anyone pulling the loans out of the Trusts that the loans had allegedly gone into, there was no money in the Trusts anyway. The Banksters have a way of turning everything into a matter of profit.
Foreclosure Defense Nationwide – Jeff Barnes, Esq
Jeff Barnes, Esq. On the Ball!
http://foreclosuredefensenationwide.com/?p=533
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.,
From Living Lies – On Stopa’s Courage, and Appellate Court’s Bias
Attorney Mark Stopa Shows Guts Confronting Appellate Court Bias
Posted on October 4, 2013 by Neil Garfield
I have just received a copy of a daring and tempestuous motion for rehearing en banc filed by the winner of the appeal. The homeowner won because of precedent, law and common sense; but the court didn’t like their own decision and certified an absurd question to the Florida Supreme Court. The question was whether the Plaintiff in a foreclosure case needs to have standing at the commencement of the action. Whether it is jurisdictional or not (I think it is clearly jurisdictional) Stopa is both right on the law and right on his challenge to the Court on the grounds of BIAS.
The concurring opinion of the court actually says that the court is ruling for the homeowner because it must — but asserts that it is leading to a result that fails to expedite cases where the outcome of the inevitable foreclosure is never in doubt. In other words, the appellate court has officially taken the position that we know before we look at a foreclosure case that the bank should win and the homeowner should lose. The entire court should be recused for bias that they have put in writing. What homeowner can bring an action or defend an action where the outcome desired by the courts in that district have already decided that homeowners are deadbeats and their defenses are quite literally a waste of time? Under the rules, the Court should not hear the the motion for rehearing en banc, should vacate that part of the decision that sets up the rube certified question, and the justices who participated must be recused from hearing further appeals on foreclosure cases.
Lest their be any mistake, and without any attempt to step on the toes of Stopa’s courageous brief on an appeal he already won, I wish to piggy back on his brief and expand certain points. The problem here might be the subject of a federal due process action against the state. Judges who have already decided foreclosure or mortgage litigation cases before they even see them are not fit to hear them. It IS that simple.
The question here was stated as the issue of standing at the commencement of the lawsuit. Does the bank need to have a claim before it files it? The question is so absurd that it is difficult to address without a joke. But this is not funny. The courts have rapidly evolved into a position that expedited decisions are better than fair decisions. There is NOTHING in the law that supports that position and thousands of cases that say the opposite is true under our system of law. Any judge who leans the other way should be recused or taken off the bench entirely.
In lay terms, the Appellate Court’s certified question would allow anyone who thinks they might have a claim in the future to file the lawsuit now. And the Court believes this will relieve the clogged court calendars. If this matter is taken seriously and the Supreme Court accepts the certified question for serious review it will merely by acceptance be making a statement that makes it possible for all kinds of claims that anticipate an injury.
It is bad enough that judges appear to be ignoring the requirement that there must be an allegation that a loan was made by the originating party and that the Plaintiff actually bought the loan. This was an obvious requirement that was consistently required in pleading until the courts were clogged with mortgage litigation, at which point the court system tilted far past due process and said that if the borrower stopped paying there were no conditions under which the borrower could win the case.
It is bad enough that Judges appear to be ignoring the requirement that the allegation that the Plaintiff will suffer financial damage unless relief is granted. This was an obvious requirement that was consistently required in pleading until the mortgage meltdown.
Why is this important? Because the facts will show that lenders consistently violated basic and advanced protections that have been federal and State law for decades. These violations more often than not produced an unenforceable loan — as pointed out in law suits by federal and state regulators, and as pointed out by the lawsuits of investors who were real lenders who are screwed each time the court enters foreclosure judgment in favor of the bank instead of the investor lenders.
It is not the fault of borrowers that this mess was created. It is the fault of Wall Street Bankers who were working a scheme to defraud investors by diverting the real transaction and making it appear that the banks were principals in the loan transaction when in fact they were never real parties in interest. Nobody would seriously argue that this eliminates the debt. But why are we enforcing that debt with completely defective mortgage instruments in a process that confirms the fraud and ratifies it to the damage of investors who put up the money in the first place? The courts have made a choice that is unavailable in our system of law.
This is also judicial laziness. If these justices want to weigh in on the mortgage mess, then they should have the facts and not the stories put forward by Wall Street that have been proven to be pure fiction, fabrication, lies and perjury. That the Court ignores what is plainly documented in hundreds of thousands of defective mortgage transactions and the behavior of banks that resulted in “strangers to the transaction” being awarded title to property — that presents sufficient grounds to challenge any court in the system on grounds of bias and due process. If ever we had a mass hysteria for prejudging cases, this is it.
Neil Garfield | October 4, 2013 at 9:26 am | Tags: bias, Mark Stopa, motion for rehearing en banc, recusal, removal of judge, standing | Categories: CORRUPTION, Eviction, foreclosure, foreclosure mill, investment banking, Investor, MODIFICATION, Mortgage, Motions, Pleading, politics, securities fraud, Servicer | URL: http://wp.me/p7SnH-5GX
Why Does No One Do Anything?
Protesters Turned Into Those Whom They Were Protesting SUX!
BY NOOTKABEAR ON SEPTEMBER 30, 2013
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!!!
From the Very Well Known Foreclosure Defense Attorney, Stopa
Foreclosure Court: The Erosion of the Judiciary
http://www.stayinmyhome.com/foreclosure-court-the-erosion-of-the-judiciary/ Posted on September 2nd, 2013 by Mark Stopa
I’m a big believer in the justice system. In fact, that’s part of why I became a lawyer. I believe in every litigant’s right to obtain a fair hearing and trial before a neutral judge and/or impartial jury. It sounds cliché, but that’s what I do – help people navigate the judicial system in their time of need.
In recent months, though, the judiciary in many parts of Florida (not all, but many) has turned into something I don’t recognize. The change has been so sudden and so extreme that it’s altering the face of the judiciary and hindering that which I hold so dear – the right to fair hearings and due process. Yes, what I consider the “core” of a fully-functioning judicial system is eroding.
If you’re a Florida lawyer but you don’t handle foreclosure cases, you likely have no idea what I’m talking about. After all, outside of foreclosure-world, Florida’s courts are operating like normal, business as usual. Sure, the down economy has brought some minor changes, but all in all, our courts are functioning in a normal way.
Foreclosure cases, though, are a totally different animal.
I was chatting with a colleague the other day, an attorney who doesn’t handle foreclosure lawsuits, and he was shocked as I described the things I see in foreclosure court on a daily basis. This is a seasoned attorney who was SHOCKED at what I see every day. That made me realize … I’m not doing a good enough job of explaining the travesties I see every day in foreclosure-world.
It’s a tough line to toe, frankly. Bar rules prohibit me from disparaging any particular judge, so it’s sometimes difficult to explain what’s happening in foreclosure court without crossing that line. In this blog, though, I’m going to toe that line. Don’t misunderstand – I’m not criticizing anyone in particular. Rather, my critique – and that’s what I see this as, a constructive critique, coupled with a hope that everyone will realize just how flawed our system has become – is aimed at the entire institution. My concerns aren’t with any particular judge or any one ruling – they lie with the entire judicial system, the way the entire judiciary is operating right now, at least as it pertains to foreclosure cases.
I know what you’re thinking. I’m just a self-interested, foreclosure defense attorney who’s trying to delay foreclosures and let people live for free. I’m upset because the courts are making that more difficult. Right?
Before you blow off my concerns in that manner, you tell me. Are my concerns legitimate? Is this how a judicial system should operate? You tell me …
As a foreclosure defense lawyer, I’ve seen pro se homeowners attend hearings in their cases and not be allowed to speak. Not one word. It wasn’t that the judge didn’t hear the homeowner or didn’t realize he/she was present, either – the homeowner asked the judge to speak at a duly-noticed hearing and was not permitted to do so. Homeowner loses, yet couldn’t say one word. Isolated incident, you say? I’ve personally seen it more than once.
Not being permitted to speak has not been limited to pro se homeowners. I have personally been threatened with criminal contempt – criminal contempt – for moving to disqualify a judge after striking my defenses without letting me say one word about those defenses. Your defenses are stricken, you can’t talk, and if you complain about it, I’ll throw you in jail.
In many parts of Florida, attorneys are not permitted to attend foreclosure hearings by phone – regardless of how insignificant or short the hearing may be. Never mind that the Florida Supreme Court created a rule of judicial administration which requires phone appearances be permitted for hearings that are 15 minutes or less absent “good cause” – in many parts of Florida, attendance by phone is simply not permitted.
I’ve heard some justify this procedure by explaining how it’s difficult to deal with phone appearances in foreclosure cases. Really? How is it any more difficult than in other types of cases? Frankly, I can’t help but wonder if the prohibition on phone appearances is designed to make it harder for defense lawyers to appear in cases for homeowners, enabling the courts to push through those cases faster. (Prohibiting phone appearances obviously makes it harder and more expensive to attend hearings, often making the difference in a homeowner’s ability to afford counsel.)
That’s an absurd proposition, though, right? Why would our courts care how quickly foreclosure lawsuits are litigated? Judges are neutral arbiters – they don’t care how quickly the cases are adjudicated. Do they?
The answer to that question is at the heart of the problem. In recent months, the Florida legislature has been putting immense pressure on Florida judges to clear the backlog of foreclosure lawsuits. How much pressure? Well, the legislature controls the amount of funding that goes to our courts – funding that is needed to retain new judges, senior judges, court staff, and clerks (basically, the funding necessary to keep all judges and JAs from being totally overwhelmed). Unfortunately, the legislature has been giving these judges an ultimatum, kind of like parents do to their children regarding allowance. Basically, it works like this … “if you don’t finish these foreclosure cases, we won’t give you more funding.” As such, the legislature holds the judiciary hostage … if the judiciary doesn’t clear cases, then the legislature doesn’t give the judiciary the funding necessary to manage the many thousands of foreclosure lawsuits pending before it.
Perhaps worse yet, and to my sheer disgust, I’m told the legislature recently cut the pay of Florida judges (for the first time in years), and the clear understanding was that it was done as a way to punish/blame the judges for not clearing up the backlog of foreclosure cases faster. “You won’t enter judgments fast enough for our liking … we’ll cut your pay.”
(The pay of Florida judges is public record, right? Why is nobody talking about this?)
The judicial system shouldn’t operate this way. We all learned it in elementary school, how the three branches of government exist as “separate but equal” branches of government, employing a system of “checks and balances” to ensure a fully-functioning government. But that’s not what’s happening right now, certainly not in foreclosure court. In foreclosure-world, the legislature is king.
You might think this is conjecture and speculation on my part. It’s not. I can’t go a week without hearing how the legislature is forcing judges to move cases. Judges discuss it openly in open court, and not just to me – to everyone. As a result of this dynamic – judges wanting to move cases – I see all sorts of crazy things I’d never see in any other area of law.
I’ve mentioned the homeowners who can’t speak, the threats of incarcertaion, and the prohibition on phone appearances, but let’s get to some more egregious concerns.
Judges sua sponte set trials in foreclosure cases (without a Notice of Trial having been filed, without a CMC or pretrial conference, and without discussing/clearing the date with an counsel). This is now routine, virtually everywhere in the state.
Judges sua sponte set trials in foreclosure cases where a motion to dismiss is outstanding and the defendant has not filed an answer.
Judges sua sponte set trials with less than 30 days’ notice (such that, as defense counsel, you randomly receive a trial Order in the mail, reflecting you have a trial in 2 weeks).
The sua sponte setting of trials dominates the landscape of foreclosure-world. Banks often don’t want trials in foreclosure cases, but the judges will set them anyway. Then, even when the plaintiffs are vocal about not wanting a trial in that particular case, judges often insist they go forward anyway. Even stipulated/agreed Orders to continue a trial or vacate a trial Order often go unsigned.
Sometimes, where trial has been set in violation of Rule 1.440, judges will recognize the error and fix it. (The judges in Pinellas and Hillsborough in particular are good about this, striving to follow the law.) In many others cases, though, judges will proceed with trial anyway. In foreclosure circles, one county has become known for using a stamp – DENIED – right on the motion to vacate trial Order, without a hearing. Case not at issue? Doesn’t matter. Less than 30 days’ notice? Doesn’t matter. Bank doesn’t want a trial? Doesn’t matter. We’re going to trial!
Often, judges won’t proceed with trial where the defendant hasn’t filed an Answer but will essentially force the Answer to be filed forthwith. How is this accomplished? Easily – either deny the motion to dismiss (often without a hearing), or sua sponte set a CMC to ensure the case gets at issue. Some courts use CMCs as a way to, in my view, browbeat parties into settling. One county, for example, has started setting three CMCs at once – one per week for three consecutive weeks, requiring in-person attendance, at mass-motion calendars that last an hour or more, with no input from counsel on when the CMCs are scheduled. You’re not available? Too bad. You don’t need a CMC three weeks in a row? Yes, you do. Your case will get at issue and it will be set for trial.
Oh, and if you want to set a hearing in this county, you have to mail in a form – MAIL IN A FORM – and wait for them to respond to you, by mail, with a form that gives you a set hearing date, without any input from you on when that hearing takes place.
What dominates the thinking from the judiciary – again, not my speculation, but something the judges openly discuss – is their desire to “close” cases. That’s the monster that the legislature has created – evaluating the performance of judges not based on their work as judges but based on the results set forth in an Excel spreadsheet. How many foreclosure lawsuits were filed in that county? How many judgments have been entered? If the ratio of judgments entered to cases filed is high enough, then the judges in that county are doing a good job and deserve more funding from the legislature. If not, then those judges and JAs can all suffer through the many thousands of cases without more help.
The dynamic is so perverse that I’ve seen judges refuse to cancel foreclosure sales even when both sides ask them to.
Plaintiff’s lawyer: “We don’t want this foreclosure sale to go forward, judge.”
Defendant’s lawyer: “We are living in this house. We don’t want this foreclosure sale to go forward, judge.”
Judge: “Foreclosure sale will go forward as scheduled.”
Huh?
This dynamic is particularly difficult to take when the parties have reached a settlement. For example, loan modifications sometimes happen after a judgment but before a sale. That means, essentially, that both sides are willing to forego foreclosure with the homeowner resuming monthly mortgage payments. Incredibly, based partly on their desire to “close” a case, some judges will force a foreclosure sale to go forward even when both parties don’t want it to, having settled their dispute via a loan modification.
Plaintiff’s lawyer: “We have agreed to a loan modification. We want the foreclosure sale cancelled.”
Defendant’s lawyer: “We have agreed to a loan modification. We want the foreclosure sale cancelled.”
Judge: “Foreclosure sale will go forward as scheduled.”
Huh?
Even when both sides are able to resolve disputes before trial, even then they sometimes can’t escape a dress-down from the judiciary. For instance, I’ve watched judges threaten Bar grievances against lawyers – yes, Bar grievances – where they settled the lawsuit by consenting to a foreclosure judgment with a deficiency waiver and extended sale date. Mind you, that’s a perfectly legitimate way to compromise and settle a foreclosure lawsuit – bank gets the house, homeowner avoids any further liability and gets to stay in the house longer so as to pack up and move – but the prospect of the sale date getting pushed out 4-5 months angers some judges. “No, you can’t settle that way. The sale has to happen sooner.” Yes, I’ve seen settlements like this rejected with the sale set sooner than the parties agreed.
Huh?
There’s absolutely no rule or law that requires a sale to happen sooner where the parties agree. Unfortunately, the judges are motivated by having that case “closed” so the numbers on the spreadsheet look better for the legislature.
My natural response is to lament the unfairness of it all. After all, that homeowner gave up the chances of winning at trial predicated on getting more time in the house. I find it terribly unfair that the homeowner gave up a right to trial in exchange for an extended sale date that the judge took away … right? Some judges would scoff at that notion. After all, I’ve heard several times, in open court, ”there is no defense to foreclosure,” or “I’ve never seen a valid defense to foreclosure,” or words of that ilk. Never mind that I’ve had many dozens of foreclosure cases dismissed throughout Florida, including several at trial (25 different judges have dismissed a lawsuit of mine on paragraph 22 noncompliance, for example) … there is no valid defense to foreclosure and, hence, no reason for an extended sale date.
Another county has become known for punishing any defendants who force a trial to proceed. I personally observed the judge begin every hearing by telling the homeowners and their counsel that they “better” accept a 120-day extended sale date, as if that “offer” was rejected then it would be “off the table” after the trial. The implication here was obvious to everyone in the room … You want to show up and force the bank to prove its case? You’ll lose, and I’ll punish you by ruling against you and forcing you to move out sooner.
Some would say that the way to deal with this madness is to appeal. Easier said than done. Homeowners facing foreclosure are often in no position to fund an appeal. I’ve taken some appeals for free, but there’s only so many I can handle that way. Oh, and even if you get beyond the issue of funding, go look for published decisions that are pro-homeowner in the First DCA, Third DCA, or Fifth DCA. Many thousands of foreclosure cases have been adjudicated in those areas in the past several years. How many favorable rulings do you think have come out of those jurisdictions during that time? I’ll give you a hint – not many. In many ways, appealing in those parts of the state is like standing at the bottom of Mount Everest and being told “climb.”
Dealing with this dynamic has been very difficult in recent months. It’s a hard pill to swallow. It’s difficult to watch the judicial system bend at the direction of the legislature. It’s tough to know the concept of “separation of powers” that we all learned in elementary school is being cast aside. It’s hard to feel like the most fundamental concepts of due process are being sacrificed to push lawsuits faster when even the plaintiffs in those lawsuits don’t so desire. It’s hard to feel like these procedures have made it impossible for me to help homeowners in certain parts of the state. It’s frustrating that many reading this will be upset at the entire judiciary, not realizing there are many circuit judges – particularly in Hillsborough, Pinellas, and other areas within the ambit of Florida’s Second District – who are striving to be fair and follow the law notwithstanding all of the pressure from the legislature.
Mostly, though, I’m disappointed. I’m disappointed that such perverse procedures are happening in our courts every day yet nobody is talking about it – and many don’t even realize it’s happening. I’m disappointed that the justice system I knew is eroding. I’m not going to find a dictionary definition, but that’s what erosion is – a slow process of deterioration such that, before too long, that thing which previously existed is no more.
I hope everyone shares this blog. I hope my friends, colleagues, attorneys and homeowners all understand what’s happening in our courts. I hope everyone stands up to the legislature and demands it stop this madness. Most of all, I hope the erosion of our judiciary stops … soon.
Thank You Living Lies, Neil Garfield, For Telling It Like It Is!
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Another Great Article From Living Lies, Telling It Like It Is!
LAST CHANCE FOR JUSTICE
Posted on August 19, 2013 by Neil Garfield
“We are still in the death grip of the banks as they attempt to portray themselves as the bulwarks of society even as they continue to rob us of homes, lives, jobs and vitally needed capital which is being channeled into natural resources so that when we commence the gargantuan task of repairing our infrastructure we can no longer afford it and must borrow the money from the thieves who created the gaping hole in our economy threatening the soul of our democracy.” Neil Garfield, livinglies.me
We all know that dozens of people rose to power in Europe and Asia in the 1930′s and 1940′s who turned the world on its head and were responsible for the extermination of tens of millions of people. World War II still haunts us as it projected us into an arms race in which we were the first and only country to kill all the people who lived in two cities in Japan. The losses on both sides of the war were horrendous.
Some of us remember the revelations in 1982 that the United States actively recruited unrepentant Nazi officers and scientists for intelligence and technological advantages in the coming showdown with what was known as the Soviet Union. Amongst the things done for the worst war criminals was safe passage (no prosecution for war crimes) and even new identities created by the United States Department of Justice. Policy was created that diverted richly deserved consequences into rich rewards for knowledge. With WWII in the rear view mirror policy-makers decided to look ahead and prepare for new challenges.
Some of us remember the savings and loans scandals where banks nearly destroyed everything in the U.S. marketplace in the 1970′s and 1980′s. Law enforcement went into high gear, investigated, and pieced together the methods and complex transactions meant to hide the guilt of the main perpetrators in and out of government and the business world. More than 800 people went to jail. Of course, none of the banks had achieved the size that now exists in our financial marketplace.
Increasing the mass of individual financial institutions produced a corresponding capacity for destruction that eclipsed anything imagined by anyone outside of Wall Street. The exponentially increasing threat was ignored as the knowledge of Einstein’s famous equation faded into obscurity. The possibilities for mass destruction of our societies was increasing exponentially as the mass of giant financial service companies grew and the accountability dropped off when they were allowed to incorporate and even sell their shares publicly, replacing a system, hundreds of years old in which partners were ultimately liable for losses they created.
The next generation of world dominators would be able to bring the world to its knees without firing a shot or gassing anyone. Institutions grew as malignancies on steroids and created the illusion of contributing half our gross domestic product while real work, real production and real inventions were constrained to function in a marketplace that had been reduced by 1/3 of its capacity — leaving the banks in control of $7 trillion per year in what was counted as gross domestic product. Our primary output by far was trading paper based upon dubious and fictitious underlying transactions; if those transactions had existed, the share of GDP attributed to financial services would have remained at a constant 16%. Instead it grew to half of GDP. The “paradox” of financial services becoming increasingly powerful and generating more revenues than any other sector while the rest of the economy was stagnating was noted by many, but nothing was done. The truth of this “paradox” is that it was a lie — a grand illusion created by the greatest salesmen on Wall Street.
So even minimum wage lost 1/3 of its value adjusted for inflation while salaries, profits and bonuses were conferred upon people deemed as financial geniuses as a natural consequence of believing the myths promulgated by Wall Street with its control over all forms of information, including information from the government.
But calling out Wall Street would mean admitting that the United States had made a wrong turn with horrendous results. No longer the supreme leader in education, medical care, crime, safety, happiness and most of all prospects for social and economic mobility, the United States had become supreme only through its military strength and the appearance of strength in the world of high finance, its currency being the world’s reserve despite the reality of the ailing economy and widening inequality of wealth and opportunity — the attributes of a banana republic.
All of us remember the great crash of 2008-2009. It was as close as could be imagined to a world wide nuclear attack, resulting in the apparent collapse of economies, tens of millions of people being reduced to poverty, tossed out of their homes, sleeping in cars, divorces, murder, riots, suicide and the loss of millions of jobs on a rising scale (over 700,000 per month when Obama took office) that did not stop rising until 2010 and which has yet to be corrected to figures that economists say would mean that our economy is functioning at proper levels. Month after month more than 700,000 people lost their jobs instead of a net gain of 300,000 jobs. It was a reversal of 1 million jobs per month that could clean out the country and every myth about us in less than a year.
The cause lay with misbehavior of the banks — again. This time the destruction was so wide and so deep that all conditions necessary for the collapse of our society and our government were present. Policy makers, law enforcement and regulators decided that it was better to maintain the illusion of business as usual in a last ditch effort to maintain the fabric of our society even if it meant that guilty people would go free and even be rewarded. It was a decision that was probably correct at the time given the available information, but it was a policy based upon an inaccurate description of the disaster written and produced by the banks themselves. Once the true information was discovered the government made another wrong turn — staying the course when the threat of collapse was over. In a sense it was worse than giving Nazi war criminals asylum because at the time they were protected by the Department of Justice their crimes were complete and there existed little opportunity for them to repeat those crimes. It could be fairly stated that they posed no existing threat to safety of the country. Not so for the banks.
Now as all the theft, deceit and arrogance are revealed, the original premise of the DOJ in granting the immunity from prosecution was based upon fraudulent information from the very people to whom they were granting safe passage. We have lost 5 million homes in foreclosure from their past crimes, but we remain in the midst of the commission of crimes — another 5 million illegal, wrongful foreclosures is continuing to wind its way through the courts.
Not one person has been prosecuted, not one statement has been made acknowledging the crimes, the continuing deceit in sworn filings with regulators, and the continuing drain on the economy and our ability to finance and capitalize on innovation to replace the lost productivity in real goods and services.
We are still in the death grip of the banks as they attempt to portray themselves as the bulwarks of society even as they continue to rob us of homes, lives, jobs and vitally needed capital which is being channeled into natural resources so that when we commence the gargantuan task of repairing our infrastructure we can no longer afford it and must borrow the money from the thieves who created the gaping hole in our economy threatening the soul of our democracy. If the crimes were in the rear view mirror one could argue that the policy makers could make decisions to protect our future. But the crimes are not just in the rear view mirror. More crimes lie ahead with the theft of an equal number of millions of homes based on false and wrongful foreclosures deriving their legitimacy from an illusion of debt — an illusion so artfully created that most people still believe the debts exist. Without a very sophisticated knowledge of exotic finance it seems inconceivable that a homeowner could receive the benefits of a loan and at the same time or shortly thereafter have the debt extinguished by third parties who were paid richly for doing so.
Job creation would be unleashed if we had the courage to stop the continuing fraud. It is time for the government to step forward and call them out, stop the virtual genocide and let the chips fall where they might when the paper giants collapse. It’s complicated, but that is your job. Few people lack the understanding that the bankers behind this mess belong in jail. This includes regulators, law enforcement and even judges. but the “secret” tacit message is not to mess with the status quo until we are sure it won’t topple our whole society and economy.
The time is now. If we leave the bankers alone they are highly likely to cause another crash in both financial instruments and economically by hoarding natural resources until the prices are intolerably high and we all end up pleading for payment terms on basic raw materials for the rebuilding of infrastructure. If we leave them alone another 20 million people will be displaced as more than 5 million foreclosures get processed in the next 3-4 years. If we leave them alone, we are allowing a clear and present danger to the future of our society and the prospects for safety and world peace. Don’t blame Wall Street — they are just doing what they were sent to do — make money. You don’t hold the soldier responsible for firing a bullet when he was ordered to do so. But you do blame the policy makers that him or her there. And you stop them when the policy is threatening another crash.
Stop them now, jail the ones who can be prosecuted, and take apart the large banks. IMF economists and central bankers around the world are looking on in horror at the new order of things hoping that when the United States has exhausted all other options, they will finally do the right thing. (see Winston Churchill quote to that effect).
But forget not that the ultimate power of government is in the hands of the people at large and that the regulators and law enforcement and judges are working for us, on our nickle. Action like Occupy Wall Street is required and you can see the growing nature of that movement in a sweep that is entirely missed by those who arrogantly pull the levers of power now. OWS despite criticism is proving the point — it isn’t new leaders that will get us out of this — it is the withdrawal of consent of the governed one by one without political affiliation or worshiping sound sound biting, hate mongering politicians.
People have asked me why I have not until now endorsed the OWS movement. The reason was that I wanted to give them time to see if they could actually accomplish the counter-intuitive result of exercising power without direct involvement in a corrupt political process. They have proven the point and they are likely to be a major force undermining the demagogues and greedy bankers and businesses who care more about their bottom line than their society that gives them the opportunity to earn that bottom line.
New Fraud Evidence Shows Trillions Of Dollars In Mortgages Have No Owner
http://thinkprogress.org/economy/2013/08/13/2460891/new-fraud-evidence-shows-trillions-of-dollars-in-mortgages-have-no-owner/
Jess Holland’s Post on US Supreme Court Makes It Harder to Sue Businesses
Jesse J Holland’s
U.S. Supreme Court makes it harder to sue businesses
Posted: June 24, 2013 in USA
By JESSE J. HOLLAND Associated Press
WASHINGTON – A sharply-divided Supreme Court on Monday made it more difficult for Americans to sue businesses for discrimination and retaliation, leading a justice to call for Congress to overturn the court’s actions.
The court’s conservatives, in two 5-4 decisions, ruled that a person must be able to hire and fire someone to be considered a supervisor in discrimination lawsuits, making it harder to blame a business for a coworker’s racism or sexism. The court then decided to limit how juries can decide retaliation lawsuits, saying victims must prove employers would not have taken action against them but for their intention to retaliate.
Justice Ruth Bader Ginsburg, who wrote both dissents for the court’s liberal wing and in a rare move read one aloud in the 
courtroom, said the high court had “corralled Title VII,” a law designed to stop discrimination in the nation’s workplaces.
“Both decisions dilute the strength of Title VII in ways Congress could not have intended,” said Ginsburg, who called on Congress to change the law to overturn the court.
In the first case, Maetta Vance, who was a catering specialist at Ball State University, accused a co-worker, Shaundra Davis, of racial harassment and retaliation in 2005. Vance sued the school under the Civil Rights Act of 1964, saying the university was liable since Davis was her supervisor. But a federal judge threw out her lawsuit, saying that since Davis could not fire Vance, she was only a co-worker, and since the university had taken corrective action, it was not liable for Davis’ actions. The 7th Circuit upheld that decision, and Vance appealed to the Supreme Court.
But Justice Samuel Alito, who wrote the majority opinion, said for the university to be liable, Davis must have had the authority to “hire, fire, demote, promote, transfer, or discipline” Vance.
“We hold that an employee is a ‘supervisor’ for purposed of vicarious liability under Title VII if he or she is empowered by the employer to take tangible employment actions against the victim,” Alito said. “Because there is no evidence that BSU empowered Davis to take any tangible employment actions against Vance, the judgment of the Seventh Circuit is affirmed.”
Alliance for Justice President Nan Aron said the court made the wrong decision. “Deferring to the powerful at the expense of the powerless, the Supreme Court majority has imposed heavier burden for victims of workplace harassment and discrimination seeking justice in our courts,” she said. “This decision makes it far easier for employers to evade responsibility for discrimination and harassment in the workplace.”
In the second case, the University of Texas Southwestern Medical Center wanted a discrimination lawsuit won by Dr. Naiel Nassar thrown out. Nassar left in 2006 after complaining of harassment, but Parkland Hospital withdrew its job offer after one of his former supervisors opposed it. Nassar sued, saying the medical center retaliated against him for his discrimination complaints by encouraging Parkland to take away his job offer. A jury awarded him more than $3 million in damages.
The medical center appealed, saying the judge told the jury it only had to find that retaliation was a motivating factor in the supervisor’s actions, called mixed-motive. Instead, it said, the judge should have told the jury it had to find that discriminatory action wouldn’t have happened “but-for” the supervisor’s desire to retaliate for liability to attach.
Justice Anthony Kennedy, who wrote the opinion, agreed with the lower court and the university, saying people “must establish that his or her protected activity was a but-for cause of the alleged adverse action by the employer.” But he didn’t rule completely for the medical center, sending the case back to the lower courts after saying a decision on the resolution of the case “is better suited by courts closer to the facts of this case.”
Karen Harned, executive director of the National Federation of Independent Business’ Small Business Legal Center, cheered the decision.
“If courts were allowed to label employees with little managerial authority as ‘supervisors,’ that would have substantially increased the number of frivolous lawsuits brought against small businesses and would have done little, if anything, to reduce harassment,” she said. “For small businesses, the increased possibility of liability and ensuing costs would have been devastating. We are very pleased with the Supreme Court’s decision.”
Kennedy, Alito, Chief Justice John Roberts, and Justices Antonin Scalia and Clarence Thomasvoted together in those cases.
Ginsburg, and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented together both times.
Ginsburg said she hopes Congress intervenes in both cases, just as it did in past Title VII cases. “Today, the ball again lies in Congress’ court to correct this court’s wayward interpretations of Title VII,” she said.
In other actions, the court:
– Sent a Texas case on race-based college admissions back to a lower court for another look. The court’s 7-1 decision leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions.
– Announced that it would issue additional opinions on Tuesday as it begins to wrap up its work for the summer. Justices still have not decided major cases involving gay marriage and the Voting Rights Act.
– Decided to reconsider the constitutionality of a 2007 Massachusetts law that bars protests in 35-foot “buffer zones” around abortion clinic entrances, exits and driveways.
– Agreed to review a federal appeals court decision that found President Barack Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board.
– Rejected challenges to Environmental Protection Agency decisions allowing an increase in ethanol content in gasoline.
– Ruled generic drug manufacturers can’t be sued in state court for a drug’s design defects if federal officials approved the brand-name version the generic drug copied.
– Ruled that a convicted military sex offender who completed his sentence can be prosecuted for not updating his whereabouts in a federal sex offender database, even though that law was passed after he finished serving his sentence and was discharged from the military.
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The cases are Vance v. Ball State University, 11-556 and University of Texas Southwestern Medical Center v. Nassar, 12-484.
Follow Jesse J. Holland at http://www.twitter.com/jessejholland
CURTIS HERTEL JR: INGHAM COURTS OVERTURN FANNIE MAE EVICTIONS OF COUNTY HOMEOWNERS Posted by 4closureFraud on April 19, 2013 ·
INGHAM COURTS OVERTURN FANNIE MAE EVICTIONS OF COUNTY HOMEOWNERS
Ingham County Register of Deeds Curtis Hertel Jr. praised two recent court decisions against mortgage giants Fannie Mae and Freddie Mac in Ingham County that will overturn the eviction of local residents from their homes, while offering similar hope for citizens across Michigan.
“Fannie Mae and Freddie Mac have been shamelessly manipulating our state’s property laws for years at the expense of innocent citizens,” Hertel Jr. said. “They continue to try and exempt themselves from important local and state taxes by claiming a government exemption, but have continued to foreclose on individuals and families using procedures that are only available to private corporations. I’m thrilled that we now the opportunity to protect our residents from future deceitful foreclosure practices.”
Hertel Jr. has been pleading for the courts to clarify Fannie Mae’s status, as it has positioned itself as a government agency to avoid taxes, but also as a private organization in order to avoid foreclosure regulation. The cases were won against mortgage giant Fannie Mae – one in Ingham County Circuit Court, the other in its District Court.
One of the cases is now being sent to the Michigan Court of Appeals and has the potential to change the way that thousands of foreclosures are handled throughout Michigan. The court case specifically addressesforeclosures that are executed by Fannie Mae, the federally-controlled mortgage corporation that has foreclosed on thousands of Michigan residents since the housing crisis began in 2007.
Both of the overturned evictions were residents who called in to Hertel’s Foreclosure Fraud Hotline, a service he arranged with help from the Ingham County Commissioners. The purpose of the hotline is to obtain legal assistance for citizens who are facing
Foreclosure Processor Prommis Holdings Files Chapter 11
http://www.bloomberg.com/news/2013-03-18/prommis-holdings-files-for-bankruptcy-protection-in-delaware.html
By Michael Bathon – Mar 18, 2013 3:29 PM E
Prommis Holdings LLC, which provides processing services for defaults and foreclosures in the residential mortgage industry, sought bankruptcy protection from creditors without citing a reason.
The company, based in Atlanta, listed debt of more than $50 million and assets of as much as $50 million in Chapter 11 documents filed today in U.S. Bankruptcy Court in Wilmington, Delaware. Ten affiliates also filed for bankruptcy.
Prommis officials determined that it’s “in the best interests of the company, its creditors, and other parties in interest,” to seek court protection under Chapter 11 of the U.S. Bankruptcy Code, according to court documents.
The company said in the filing that it plans to sell virtually all its assets in a court-supervised auction. No terms were disclosed.
Prommis is also seeking to implement retention and incentive plans for key employees, singling out those “who are essential to both the company’s ongoing business operations and their sale and wind-down efforts.”
The company helps mortgage servicers and law firms with foreclosure proceedings in 19 states and provides bankruptcy and loss-mitigation services throughout the U.S., according to its website.
Ares Capital
Ares Capital Corp. (ARCC), a New York-based investment firm, owns 17.3 percent of the Prommis’ common stock and 43.2 percent of its Class B units, according to court papers.
Steven K. Kortanek, a lawyer representing Prommis, didn’t immediately return a phone call seeking comment on the bankruptcy filing.
The 30 largest unsecured creditors of the company and its affiliates are owed about $3.3 million, according to court filings.
The case is In re Prommis Holdings LLC, 13-10551, U.S. Bankruptcy Court, District of Delaware (Wilmington).
To contact the reporter on this story: Michael Bathon in Wilmington, Delaware, at mbathon@bloomberg.net
To contact the editor responsible for this story:John Pickering at jpickering@bloomberg.net
Living Lies/Neil Garfield on Georgia
Wake Up Georgia: Courts Are Opening the Door on Wrongful Foreclosure
Posted on March 15, 2013 by Neil Garfield
PRACTICE AND PROCEDURE IN GEORGIA
If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 (East Coast, including Georgia – the Atlanta Area) and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to provide any legal advice, but they can guide you toward some of our products and services.
The selection of an attorney is an important decision and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.
Editor’s Note: For years Georgia has been considered by most attorneys to be a “red” state that, along with states like Tennessee showed no mercy on borrowers because of the prejudgment that the foreclosure mess was the fault of borrowers. For years they have ignored the now obvious truth that the defective mortgages and wrongful foreclosures do make a difference.
Now, reflecting inquiries from Courts below who are studying the the issue instead of issuing orders based upon a knee-jerk response, the State has taken a decided turn toward the application of law over presumption and bias. There is even reason to believe that the door is open a crack for past wrongful foreclosures, as the Courts grapple with the fact that thousands of foreclosures were forced through the system by strangers to the transaction and thousands of wrongful foreclosure suits have been dismissed because of the assumption by judges that no bank would lie directly to the court. It was a big lie and apparently the banks were right in thinking there was little risk to them.
Look at Pratt’s Journal of Bankruptcy Law February/ March Issue for an article on “Foreclosure Law in the Wake of Recent Decisions on Residential Mortgage Loans: The Situation in Georgia” by Ashby Kent Fox, Shea Sullivan and Amanda Wilson. Our own lawyers have out in front on these issues for a couple of years but encountering a lot of resistance — although lately they are reporting that the Courts are listening more closely.
The Georgia Supreme Court has now weighed in (Reese v Provident) and decided quite obviously that something is rotten in Georgia. Focusing on Georgia’s foreclosure notice statute but actually speaking to the substantive defects in the mortgages and foreclosures, the majority held, as a matter of law, that
o.c.G.a. § 44-14- 162.2(a), requires the person or entity conducting a non-judicial foreclosure of a residential mortgage loan to provide the borrower/debtor with a written notice of the foreclosure sale that discloses not only “the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor” (the language that appears in the statute), but also the identity of the “secured creditor” (not required by the statutory language, but which the majority inferred based on legislative intent). the majority further found that the failure to identify the “secured creditor” in the foreclosure notice renders the notice, and any subsequent foreclosure sale, invalid as a matter of law.
Once again I caution litigators that this will not dispose of your case permanently and that such rulings be used strategically so that you are not another hallway lawyer explaining how you were right but the judge ruled against you anyway. Notice provisions can be cured, non-existent transactions cannot be cured. Leading with the numbers (the money trail” and THEN using decisions like this to corroborate your argument will get you a lot more traction than leading with defective paperwork.
As I have said repeatedly, no judge, no matter how sympathetic to borrowers is going to give much relief when the borrower has admitted the debt, note, mortgage and default. These must be denied and lawyers should study up on the subject as to why they can and should be denied, and to persevere through discovery to show that the note, mortgage, default and even the debt have all been faked by strangers to the transaction.
Forcing the opposing side to show that they are a bona fide holder FOR VALUE will flush out the truth — that originator in nearly all cases was never the lender, creditor or even broker. They were simply paid naked nominees just like MERS, leaving no real party in interest on the note or mortgage, no consideration between the parties stated on the note and mortgage or notice of default, and no meeting of minds between the real lender (who is NOT in privity with the nominee lender) who, as an investor received a prospectus and Pooling and Servicing Agreement and advanced money under the mistaken belief they were buying bonds of an entity that either did not exist or was simply ignored by the investment banker and the other participants in the false securitization scheme that was used to cover-up a PONZI scheme.
Practice tips: DENY and DISCOVER. Ask for proof of payment and proof of loss. The assignments, the note and the mortgage are not proof of the debt, they are potentially evidence of the debt and the security agreement ONLY if the foundation is there (testimony by witness with personal knowledge, with exhibits of wire transfer receipts and wire transfer instructions, cancelled checks etc.) to show that the originator shown as payee and “Secured party” or “beneficiary” was lender of money.
Make them show that they booked the loan as a receivable with a reserve for default. Discover that they actually booked the transaction as a fee for service (shown on the income statement) and never entered it on their balance sheet.
And PLEASE study up on voir dire, objections and cross examination. If you are not quick and ready objections to leading questions and other issues might well be waived unless you interrupt the questioning as fast as you can stand up. If you study up on hearsay and the business records exception to hearsay you will discover that in practically no case were the business records qualified as exceptions to the hearsay rule. But if you don’t raise it, if you don’t have statutory and case law and even a memo on the subject the judge is going to rule against you. We are talking about good lawyering here and not bias amongst judges.
Worthy Petition
<a href="http://www.gopetition.com/petitions/mandated-national-land-record-audit.html">National Land Records Audit Petition | GoPetition</a>
Lenders, Banksters, Courts, and all you other liars and thieves…
¤
COMES NOW… proceeding in Propria Persona, and respectfully files Plaintiff’s Opposition to Defendant Federal National Mortgage Association’s Motion to Dismiss, and shows this Honorable Court the following pertinent facts:
Federal National Mortgage Association (“Fannie Mae”) has filed their Motion to Dismiss, pursuant to O.C.G.A.§ 9-11-12(b), and on the claims that Plaintiff is a borrower who defaulted in repayment of his mortgage loan, resulting in the foreclosing on the real property which served as collateral for the loan. Plaintiff contends that had the banking and mortgage industry not been so greedy, they would not have over inflated the values through falsified appraisals on properties; they would not have been telling Borrowers not to worry, they can work out an affordable loan that will get you into that house you always dreamed of, while knowing in the back of their minds, that when the Borrower claims that they believed and relied upon their lenders, and what they had been told; the response would then be that the relationship had been nothing more than creditor – debtor and that you should not have relied upon the lies you had been told, because you are at different ends of the spectrum, with totally different interests. My Grandmother would say that America has gone to hell in a handbag.
We have headed into an era where the foreclosing entities are allowed to forge and falsify documents, because the borrower defaulted on their payments, and they need those documents that they are forging and falsifying in order to foreclose upon that Borrower, and the original documents no longer exist. Plaintiff was of the belief, that if you signed a contract, that the Original contract had to be kept in order for it to be collected upon, simple contract law. As it is in these foreclosure/wrongful foreclosure cases, the only time the documents are referred to contracts, is when the documents are referred to as in the Borrower failed to honor the contract by timely making their payments every month. Any other time, the words contract, does not exist. Should a Borrower mention the word, or words Note or Promissory Note, it is sacrilege and the Borrower is “claiming the show me the note theory”, or “vapor money theory”, which is a cue to the Court to dismiss because Georgia does not have a law that the foreclosing entity has to show you the Note. And then, there are the entities that think that they can talk to, and treat the pro se litigants any way they please.
No one would be in this mess, if Fannie Mae, US Bank,Wells Fargo, Bank of America, Aurora, Litton, Taylor Bean and Whitaker, Cenlar, GMAC, Wachovia, Popular, Countrywide, MERS, and a whole slew of other entities had not gotten greedy, eased the underwriting, slacked off on checking tax forms and employment, and had not lied that the borrowers could afford it, this loan will allow you to buy the home you always wanted.
DOC X IN HOT WATER AGAIN!!!
STATE OF MICHIGAN ATTORNEY GENERAL
BILL SCHUETTE FILES CRIMINAL CHARGES
AGAINST FORMER MORTGAGE PROCESSOR
PRESIDENT FOR ROLE IN FRAUDULENT
ROBOSIGNING
http://www.michigan.gov/ag/0,4534,7-164-46849_47203-290350–,00.html
LANSING – Michigan Attorney General Bill Schuette today announced he charged Lorraine Brown, former president of mortgage document processor DocX, with racketeering for her alleged role in authorizing the fraudulent signing of mortgage documents filed in Michigan. The felony charge comes as the result
of an ongoing Attorney General investigation into questionable mortgage documentation filed with Michigan’s Register of Deeds offices during the foreclosure crisis.
"Shortcuts like robo-signing are just one piece of the mortgage foreclosure crisis," said Schuette. "Our investigation remains ongoing, and we will bring to justice every lawbreaker we find."
In April 2011, Schuette launched an investigation after county officials across the state reported that they suspected Assignment of Mortgage documents filed in their offices may have been forged. A "60 Minutes" news broadcast had shown that the name "Linda Green" was signed to thousands of mortgage-related documents nationwide, but with many different variations in handwriting. County officials in Michigan reviewed their files and found similar documents, thus raising questions about the authenticity of the documents filed.
As part of his investigation, Schuette reviewed documents filed in Michigan and prepared by DocX, a document processing company located in Georgia. DocX processed mortgage assignments and lien releases for residential lenders and servicers nationwide. Schuette’s investigation revealed that former DocX president Lorraine Brown, 51, of Alpharetta, Georgia, allegedly established and orchestrated a widespread scheme of "robo-signing," a practice in which employees were directed to fraudulently sign another authorized person’s name on mortgage documents in order to execute these documents as quickly as possible.
Internally, DocX identified this practice as "facsimile signing" or "surrogate signing." Schuette alleges that from 2006 through 2009, these improperly executed documents were created and recorded at Brown’s direction. Schuette’s investigation revealed that more than 1,000 unauthorized and improperly executed documents were filed with county registers of deeds throughout Michigan.
Lorraine Brown has been charged with one count of Conducting Criminal Enterprises (Racketeering), a 20-year felony, in Kent County’s 61st District Court. Arrangements are being made for Brown to surrender to Michigan authorities, and arraignment will be scheduled at a later date.
In 2010, DocX suspended operations, halting its work as a mortgage document processor. Schuette noted that while the criminal charges against Brown address her role in the scheme, his office’s overall investigation into robosigning remains ongoing and is not yet complete.
A criminal charge is merely an accusation, and the defendants are
presumed innocent unless proven guilty.
Wrongful Foreclosure Complaints
It is truly amazing, the number of wrongful foreclosure complaints that are on the internet. People search around for a complaint to copy and file in the Court, and wallah! That one looks like a winner!
Ever do a google search on "wrongful foreclosure"? Amazingly… there are millions of returns on that phrase.
The other thing that no one considers, is who really puts all those sample complaints on the web? Is every site on the up and up, or do the banks contribute their share with mis-information. It would have to be that way.
I have noticed some of the complaints that have ended up in the Courts, filed by pro se litigants. Obviously, someone put that complaint out there, just so that these people would file it and fail. Like… Well, there is another we won’t have to worry about fighting us in the courts. So who? Who would do such a thing?
Clearly another pro se litigant would not take an unproven complaint and suggest to others that it is a winner.
And God knows, the plethora of bad case law already created from the rulings of federal courts, ESPECIALLY rulings from US District Court or the Northern District of Georgia, with the exception of course of Amy Totenberg’s rulings. Those are actually the only ones worth readings.
If you have a case in front of any other judge in NDGa., why even wait till its over to read the ruling, you know what it will say.
FDIC ($677.4 Billion) Charges Banks With Fraud, Illegal Underwriting Practices « Livinglies’s Weblog
FDIC ($677.4 Billion) Charges Banks With Fraud, Illegal Underwriting Practices
Posted on August 22, 2012 by Neil Garfield
Has Obama Awakened?
Appraisal Fraud Alleged by this Blog
is found to be Centerpiece of this Action
Editor’s Note: The FDIC claims it studied a rough sampling of the securitized loans and alleges more than 60% of the loans packed into each deal contain material untrue or misleading statements.
In a resounding acceptance of the principles enunciated first on this blog, the FDIC, being the best regulator to file the charges, has moved against the big banks and servicers in the false scheme of securitization resulting in trillions in losses to the government, investors and homeowners.
Central to the allegations are that “defendants made untrue statements or omitted important information about such material facts as the loan-to-value ratios of the mortgage loans, the extent to which appraisals of the properties that secured the loans were performed in compliance with professional appraisal standards, the number of borrowers who did not live in the houses that secured their loans (that is, the number of properties that were not primary residences), and the extent to which the entities that made the loans disregarded their own standards in doing so.”
The allegations are so serious that it is unlikely that there will be any slap on the wrist coming out of this. The result of this lawsuit will have a profound impact on the housing market, the financial community and best of all, homeowners who have been using these allegations as defenses for years. It is apparent that the false premises upon which the bogus mortgage bonds were sold, combined with the complete avoidance of the supposed securitization scheme that was “in place,” has prompted this huge lawsuit. It is the tip of an iceberg where the administration is finally bringing the war to the door of the banks and will most likely lead to criminal charges as the cases progress.
The Federal Deposit Insurance Corp. filed three lawsuits against big banks, alleging the lenders misrepresented the quality of securitized loans sold to the now defunct Texas firm, Guaranty Bank.
The FDIC took Austin, Texas-based Guaranty Bank into receivership back in Aug. 2009.
This week, the regulator filed multiple lawsuits in Austin, Texas, suggesting Guaranty suffered major losses from toxic RMBS loans sold and packaged by mega banks and other financial institutions.
Defendants named in the multibillion-dollar lawsuits include Countrywide, JPMorgan Chase ($38.04 0%), Ally Financial, Deutsche Bank Securities ($34.07 0%), Bank of America ($8.190%) and Goldman Sachs ($105.32 0%) among others.
FDIC, on behalf of Guaranty, claims the banks misrepresented loan-to-value ratios, underwriting criteria and appraisal amounts when selling, packaging and underwriting home loans that became collateral for mortgage securities sold to Guaranty.
Specifically, the FDIC alleges the financial firms violated federal and Texas securities laws by failing to fully disclose or truthfully represent the quality of mortgages backing the security certificates.
In the first case, the FDIC accuses Countrywide Securities, Bank of America, Deutsche Bank and Goldman Sachs of playing a role in the packaging, selling or securitization of mortgages sold off to Guaranty Bank for $1.5 billion. The suit says Guaranty Bank acquired 8 certificates in the transaction.
The FDIC claims it studied a rough sampling of the securitized loans and alleges more than 60% of the loans packed into each deal contain material untrue or misleading statements.
The FDIC is suing for an undetermined amount that is no less than $559.7 million in damages.
The bank regulator also sued Ally Securities, Goldman Sachs, Deutsche Bank Securities and JPMorgan Securities among others. In that suit, the regulator claims, the firms were involved in the packaging, underwriting and sale of eight RMBS certificates valued at $1.8 billion.
The FDIC alleged in court records that the “defendants made untrue statements or omitted important information about such material facts as the loan-to-value ratios of the mortgage loans, the extent to which appraisals of the properties that secured the loans were performed in compliance with professional appraisal standards, the number of borrowers who did not live in the houses that secured their loans (that is, the number of properties that were not primary residences), and the extent to which the entities that made the loans disregarded their own standards in doing so.”
In that complaint, the FDIC is asking for at least $900.6 million in damages.
The regulator also sued JPMorgan Securities, Merrill Lynch, RBS Securities and WaMu Asset Acceptance Corp., making similar claims about 20 RMBS certificates that Guaranty paid $2.1 billion to acquire. The FDIC is requesting at least $677.4 billion in damages.
FDIC ($677.4 Billion) Charges Banks With Fraud, Illegal Underwriting Practices « Livinglies’s Weblog
Assignment must exist in writing, even if the court says it doesn’t need recording « Livinglies’s Weblog
Editor’s Note:
With Banks and servicers playing fast and loose with the rules of procedure, the rules of evidence and black letter law it well to remember BASIC BLACK LETTER LAW. An assignment without delivery is probably a nullity. An assignment that isn’t even in writing is (a) not proper under most existing laws and (b) requires the allegation of an oral “assignment” to be explained as to why it wasn’t in writing before, just like a lost or destroyed note.
The assignment can only be valid and used if the assignee is capable of accepting it, paying for it and either acceptance is for the assignee or as an authorized agent. The Notice Default does not give the Trustee or even the original mortgagee where there has been an assignment, the right to declare default. Then it becomes the representation of the trustee, who is supposed to be objective and disinterested in the result.
For the Trustee to issue a notice of sale and notice of default on behalf of the supposed beneficiary, means that the trustee is no longer accepting the responsibilities of the trustee to act with due diligence and good faith toward both the trustor and the beneficiary.
Hence the substitution of trustee is an offer which has not and cannot be accepted. Any actions taken by the trustee in a notice of default or any other notice or collection letter is out of bounds. The only reason the banks do this is to hide behind yet another layer of people and entities so when the arrest warrants are issued, they can claim plausible deniability that the wrong procedure was being followed. This is poppycock. The beneficiary supposedly knows whether or not he is the creditor entitled to submit a credit bid at auction based upon the the existence of a properly kept loan receivable account reflected on the CREDITOR’s books.
This is just another example where the banks and servicers have borrowed the identity of the creditor, claimed that said identity is private and privileged, and then used it for their own advantage to the detriment of both the lender-investor and the borrower.
The Old Crows and the Gatekeeper
A conversation with a friend…
I know what you mean about the clerks in your county throwing things out for a small sum…we have, (well one old bird that is left-the other one died), she is no joke, in her 80’s. She will do "favors" for certain people, but they have to be people that are from certain firms, or that have the approval from either the court or the court clerk and master.
Everyone (that is not in the court system) refers to these old ladies as the "old crows", and funny enough the way that the building is designed- the chancery court clerks set off to themselves and it kind of looks like a birds nest, this is referred to as "the crows’ nest". My mother refers to this old hateful old thing as the gate keeper.
Anyway, my mother worked for the city for over 23 years before she took early retirement, and would walk on her lunch breaks. Well, this old crow (the one that is still alive) was also walking and came in behind my mother (I think that she thought that my mom was someone else), but she stated that the chemical that she has to use to "take signatures off of documents" has eaten the skin off of her fingers, and her fingers were so sore that she couldn’t even hold a pen (which explains to me why the chancery courts require the original document and only the original document). Mom stated after she said that, that the old crow looked up and realized that it was my mom and not who she thought. My mom said that the old crow then darted off and that woman never spoke to my mom again. This happened after mom had been there either 12 or 13 years. This old crow avoided my mom like the plague for the next 10-11 years!
New rule allowing Ga. homeowners to halt foreclosures | www.wsbtv.com
http://www.wsbtv.com/news/news/local/new-rule-allowing-ga-homeowners-halt-foreclosures/nP4wb/
FORSYTH COUNTY, Ga. —
A metro Atlanta consumer attorney said he has already been able to halt a dozen foreclosures using a new ruling from the Georgia Court of Appeals.
The latest case involves a Forsyth County home and lending giant Wells Fargo.
"Having to move out of the dream home that my son and I built is the worst thing I could think of," said homeowner David Stripland.
The recession hit his car dealership around the same time the housing crisis, cutting his home’s value more than 60 percent.
"You can’t sell it, you can’t re-fi, you have to get a modification," said his wife, Paulette.
The Striplands said the process went on for more than a year. They then received a string of foreclosure notices from Wells Fargo.
"Foreclosure. It’s a shame," said Paulette through a stream of tears.
The foreclosure has now been halted, after a recent ruling by the state appellate court.
Wells Fargo does not hold the note. It only services the loan. The note holder is not clearly stated.
The Striplands paid forensic auditors who found the loan has been divided up into dozens of securities sold to investors.
"Once these notes are chopped up and turned into bonds, securities, whatever; who really owns it?" asked their attorney, Bob Thompson.
But the Georgia Court of Appeals ruling in a case involving a Cobb County family and servicers Provident Funding, LLC, ruled homeowners have "a right to know" to whom they actually owe the money, lest they be "misled or confused."
"Even a dog in Georgia has the right to know who’s kicking him," Emory law professor Frank Alexander told Channel 2’s reporting partners at the Atlanta Journal Constitution.
"These big banks and Wall Street have to follow the law of the land, just like I do," said Paulette Stripland.
Channel 2’s Jim Strickland learned just before 5 p.m. Thursday, Wells Fargo had halted the foreclosure.
Thompson said most homeowners in peril should take action on their own.
Call and get it stopped and get yourself some time, because with time most people can work things out," he said.
It is likely Provident will appeal to the state supreme court.
TARP Funds for Housing Relief 90 Percent Unspent, Auditor Says – Bloomberg
Distressed homeowners have received only 10 percent of nearly $46 billion in federal aid since the money was allocated in 2009 under the Troubled Asset Relief Program, a U.S. auditor’s report said today.
Spending on one of President Obama’s main efforts to avert foreclosures, the Home Affordable Modification Program, totaled $3 billion — about 10 percent of the $22.7 billion originally obligated at the end of June, the Special Inspector General for the TARP program said in a quarterly report to Congress. HAMP pays lenders to restructure loans so borrowers can afford them.
The report criticized the Treasury Department’s reaction to an audit of a $7.6 billion aid program for families in states with the largest home-price declines. Of that amount, only $351 million had been spent to assist 43,580 homeowners by the end of June, the report said.
“Taxpayers that fund this program have an absolute right to know what the government’s expectations and goals are for using $7.6 billion in TARP funds,” the report said. “By refusing to set any goals for the programs, Treasury is subject to criticism that it is attempting to avoid accountability.”
One program, which allocates $2.7 billion in TARP funds to encourage lenders to write down or eliminate second liens when refinancing properties insured by the Federal Housing Administration, has not resulted in any removals of second liens, the report said.
The Treasury Department has allocated $8.1 billion for a program to allow borrowers who owe more than their homes are worth to refinance into loans insured by the FHA. Of that, $6.6 million has gone for administrative expenses, and 1,437 borrowers have benefited, the report said.
To contact the reporter on this story: Clea Benson in Washington at:
To contact the editor responsible for this story:Maura Reynolds at
TARP Funds for Housing Relief 90 Percent Unspent, Auditor Says – Bloomberg
U.S. Audit Cites OCC Lapses in Oversight of Foreclosure Process – Bloomberg
U.S. Audit Cites OCC Lapses in Oversight of Foreclosure Process
By Carter Dougherty – Jun 1, 2012 1:50 PM ET
The Office of the Comptroller of the Currency underestimated the risks in bank foreclosure practices from 2008 to 2010 and gave examiners a 13-year-old handbook that didn’t address how securitization affects loan documentation, a Treasury Department audit found.
Treasury’s inspector general’s office reviewed the OCC’s work in the years following the onset of the credit crisis. The period was later found to be rife with abusive foreclosure practices including use of fraudulent documentation by servicers. Five major banks, including JPMorgan Chase & Co. (JPM),Bank of America Corp. and Wells Fargo & Co. (WFC), settled claims from 49 states and the federal government for $25 billion on Feb. 9.
“During this time OCC did not consider foreclosure documentation and processing to be an area of significant risk and, as a result, did not focus examination resources on this function,” Jeffrey Dye, the inspector general’s director of banking audits, wrote in the May 31 report.
In missing what “turned out to be serious foreclosure issues,” the OCC relied too heavily on the banks’ own internal quality-control procedures, he said. The bank programs, in turn, focused on loss mitigation and compliance with investor guidelines, not foreclosure documentation, the report found.
The inspector general also faulted the OCC, the primary federal supervisor for national banks, for failing to update its handbook on mortgage banking examinations for 13 years. The guide didn’t address the effects of securitization or new mortgage products that were at the heart of the housing bust, the report concludes.
Comptroller Thomas Curry told the inspector general in a May 15 letter that the OCC manual will be updated, but stressed that the agency issued supplemental guidance to examiners in 2006 and 2007.
OCC spokesman Robert Garsson declined to comment on the Treasury report.
To contact the reporter on this story: Carter Dougherty in Washington at cdougherty6@bloomberg.net
To contact the editor responsible for this story: Maura Reynolds at mreynolds34@bloomberg.net
U.S. Audit Cites OCC Lapses in Oversight of Foreclosure Process – Bloomberg
DeBord Report : California is going through another ‘wave’ in foreclosures | 89.3 KPCC
California is going through another ‘wave’ in foreclosures
Kevork Djansezian/Getty Images
A for sale sign is posted in front of house in Glendale. California saw foreclosure starts pick up in June, suggesting that a new wave of defaults is underway.
For the first six months of 2012, foreclosures in California declined from the same period a year earlier. But RealtyTrac, an Irvine-based company that specializes in tracking foreclosures, reports that the state still has the fourth highest foreclosure rate in the nation. In fact, in June, default notices sent to homeowners increased from May. And year-over-year, California’s rate of foreclosure starts increased 18 percent, making it the top state for the month, the first time that California has held that slot since 2005.
I talked to RealtyTrac vice-president Daren Blomquist. He said that states with the worst foreclosure rates have remained consistent during the housing crisis. The top five haven’t moved around a lot: it’s Nevada, Arizona, Georgia, California, and Florida. He noted that the only surprise was that Georgia has moved into the top four and that Florida has slipped.
Foreclosure filings in California fell by about 11 percent in the second quarter of 2012. But in June foreclosure moved up a bit more than 12 percent over May.
Blomquist said we’ve seen this pattern before in California. He calls it a “foreclosure wave” and expects the pattern to continue, as banks cope with the national mortgage settlement that was signed into law by Gov. Jerry Brown yesterday and avoid flooding the market with foreclosures. Blomquist’s interpretation is that banks will work through their foreclosures gradually, so we’ll see activity ebb and flow.
"Lenders are looking at their loan portfolios and figuring out how many mortgages to set aside for modification," he said. The banks are determining which ones likely won’t qualify and sending out notices of default, the first stage of the foreclosure process, to homeowners.
Regardless of how these waves are paced, the foreclosure crisis isn’t going away any time soon. At the current rate, Blomquist expects it to take until late 2013 or early 2014 before the country’s million-and-half foreclosures are in the rearview mirror.
Follow Matthew DeBord and the DeBord Report on Twitter. And ask Matt questions at Quora.
Tagged: realtytrac, notice of default, foreclosures, california, California
DeBord Report : California is going through another ‘wave’ in foreclosures | 89.3 KPCC
Court of Appeals – ATLaw
http://www.atlawblog.com/2012/06/anybody-else-want-to-be-an-appeals-court-judge/
Archive for the ‘Court of Appeals’ Category
Anybody else want to be an appeals court judge?
3:48 pm, June 26th, 2012
Gov. Nathan Deal’s Judicial Nominating Commission has officially jump-started the process of filling the vacancy on the state Court of Appeals, created by yesterday’s promotion of Judge Keith Blackwell to the state Supreme Court.
The JNC’s notice says, beginning today through Friday, July 6, it will accept applications for the Court of Appeals opening from “any qualified applicant” who did not apply for the Supreme Court vacancy. The six remaining members of the short list for the Supreme Court opening automatically will be on the short list for the Court of Appeals, unless the applicant notifies the JNC he or she doesn’t wish to be considered, the notice says.
Deal spokeswoman Stephanie Mayfield told the Daily Report yesterday that those who applied for the Supreme Court but didn’t make the short list will not be considered for the Court of Appeals opening.
The notice contains the details on what those interested need to do to apply. It says the JNC will schedule interviews of new applicants “to the extent necessary.”
The members of the shortlist passed over in favor of Blackwell are DeKalb County Superior Court Judge Cynthia “C.J.” Becker; Elizabeth “Lisa” Branch, a litigator at Smith, Gambrell & Russell; Michael Brown, co-leader of Alston & Bird’s Government and Internal Investigations Group; Gwinnett County Superior Court Judge William “Billy” Ray Jr.; Macon Superior Court Judge Tilman “Tripp” Self III; and Henry County State Court Chief Judge Ben Studdard III.
Writing last night about the Blackwell appointment and Deal’s new opportunity, conservative lawyer and commentator Carrie Severino wrote for the National Review Online that she hears “great things” about Branch, noting Branch previously worked in the administration of George W. Bush.
Learn more about the Supreme Court finalists here.
Contributor: Alyson M. Palmer in Court of Appeals, Georgia Supreme Court, Judges, Judicial Nominating Commission |
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Hell, all we have to say about the matter, other than the obvious, is thank God Becker didn’t make it. There is no bigger crook at DeKalb County Superior Court, than Judge Cynthia J. Becker. See McDonald and Stegeman v. Georgia Power in DeKalb County Superior Court and see McDonald/Stegeman v. Superior Court, GA Power, et., al., in US District Court.
The BlackRobed Mafia 
An Oklahoma family is devastated after a police officer shot their family pet for simply jumping the fence and getting loose.
Cali, a 2-year-old pit bull had escaped from the yard and had been reported by neighbors to be running loose in the neighborhood. When police and animal officers arrived, Cali evaded the officers, who then decided that the only way to handle the situation was the kill the dog.
Officer Brice Woolly shot one round into the neck of Cali, who was still breathing after the first shot. The police officer then instructed the animal control officer to finish the job.
A neighbor present when the shooting occurred claims Woolly seemed to take delight in downing the dog and overheard him saying to the animal control officer, ”Did you see the way its collar flew up into the air when I blew it’s head off? It was awesome!”
The neighbor also heard Woolly coach the animal control officer on how to fill out the report to avoid trouble. ”We are just going to write this up in the report as the dog tried to attack me and you and others in the neighborhood,” Woolly told the other shooter, according to the neighbor’s account.
Cali’s death is also not the first time, or even the first time this month, that Officer Woolly used deadly force on an animal because it was ‘aggressive’ and the owner could not be located. On March 14, Woolly shot a dog twice. The owner of that dog was never found.
Despite the questions in the case, the Ardmore Police Department claims the matter has been closed and that Officer Woolly acted within the line of duty in shooting the dog.
Local residents and animal lovers, however, disagree. A petition that has already garnered over 17,000 signatures on Change.org is calling for Woolly’s firing for his cruel action. A peaceful rally is also planned for March 29 to protest Cali’s killing by Officer Woolly.
Photo Credit: Facebook/Justice for Cali