A Timeline—Pandemic and Erosion of Freedoms Have Been Decades in the Making

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MAY 21, 2020
A Timeline—Pandemic and Erosion of Freedoms Have Been Decades in the Making

A Timeline—Pandemic and Erosion of Freedoms Have Been Decades in the Making

By the Children’s Health Defense Team

From the moment of “COVID-19’s” naming—and particularly since the imposition of unprecedented restrictions on “life, liberty and the pursuit of happiness”—some people have smelled a rat. And with each passing week, the smell becomes worse. A growing chorus of ordinary citizens and world-renowned medical and scientific experts is raising questions about matters ranging from the coronavirus’s origins to the rationale for continued lockdowns (see here, here and here).

The mainstream media have shown themselves only too ready to lob ad hominem attacks against any and all such non-conformists. However, one does not have to be insensitive to the illness and deaths associated with COVID-19 to recognize that powerful agendas are riding on the coattails of SARS-CoV-2. Citizens are waking up to the fact that the countries, officials and public figures who embrace draconian interventions such as immunity certificates, microchipping, forced vaccination and the removal of children from their homes also approve of making our sovereign rights—whether to earn a living, maintain bodily integrity, congregate to practice our spirituality, enjoy the arts or protect and educate our children—contingent upon our acceptance of these Big Brother measures and technologies.

To make it easier for the public to assess what is happening and what is at stake, Children’s Health Defense has put together the following timeline of selected events. We invite readers to consider how these events—some of them seemingly unrelated—and the network of partnerships and relationships that they illustrate have contributed to the unfolding set of circumstances in which we now find ourselves.

While the lockdown is a cataclysm for the world economy, it is an opportunity for Gates” and his billionaire brotherhood…

Notes/Explanatory Context

Gain-of-function research: COVID-19 has prompted renewed questioning about a long-debated branch of virology that, around 2012, scientists benignly rebranded as “gain-of-function” (GOF) research. GOF experiments seek to generate viruses “with properties that do not exist in nature” or, stated another way, “alter a pathogen to make it more transmissible or deadly.” One of the leading proponents of GOF work is Dr. Ralph Baric at the University of North Carolina-Chapel Hill (UNC), a “legend in coronavirology” and “trailblazer of synthetic genomic manipulation techniques” who specializes in engineering lethal coronaviruses from “mail-order DNA.” Baric and other GOF enthusiasts argue that this type of viral tinkering is “critical to the development of broad-based vaccines and therapeutics,” but critics, such as Dr. Thomas Inglesby (director of the Johns Hopkins Center for Health Security), dispute this putative benefit.

Big Data and Big Telecom: Children’s Health Defense Chairman Robert F. Kennedy, Jr. and Dafna Tachover (director of CHD’s “Stop 5G and Wireless Harms Project”) wrote on May 8: “5G has almost nothing to do with improving your lives; it’s all about controlling your life, marketing products, and harvesting your data for Artificial Intelligence purposes. The 21st century’s ‘black gold’ is data.” They note that Bill Gates, along with a number of other players and companies, is helping set up a “microwave radiation-emitting spider web [that] will allow Big Data/Big Telecom and Big Brother to capture what happens inside and outside every person at every moment of life” using a sinister brain-machine interface and other technologies, many financed by Gates. In short, “While the lockdown is a cataclysm for the world economy, it is an opportunity for Gates” and his billionaire brotherhood, ably assisted by an unadmirable fleet of medical and scientist yes-men.

Timeline of selected events
1998
May 18: The U.S. Department of Justice (DOJ) and 20 states file antitrust charges against Microsoft.

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2000
2000: Bill Gates steps down from his position as Microsoft CEO, and Bill and Melinda Gates launch their eponymous foundation.

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2000: The Gates Foundation (along with other partners) launches the Global Alliance for Vaccines and Immunisation (GAVI), known today as Gavi, the Vaccine Alliance. The foundation has given $4.1 billion to Gavi over the past 20 years.

2001
November: After initially losing the antitrust lawsuit and appealing the decision, Microsoft settles its case with the DOJ out of court.

2002
November 2002: University of North Carolina-Chapel Hill (UNC) researcher Ralph Baric publishes a “breakthrough work” in gain-of-function research (studies that alter pathogens to make them more transmissible or deadly, see Notes above), describing the creation of a synthetic clone of a natural mouse coronavirus.

November 2002: China’s Guangdong province reports the first case of “atypical pneumonia” (later labeled as SARS).

The speed of the Baric group illustrates how quickly a qualified team of virologists can create a synthetic clone from a natural virus, and therefore make genetic modifications to it.
2003
October 28: A paper by the Baric research group at UNC describes their synthetic recreation of the “previously undescribed” SARS coronavirus. (Writing in 2020, a scientist states, “The speed of the Baric group illustrates how quickly a qualified team of virologists can create a synthetic clone from a natural virus, and therefore make genetic modifications to it. Moreover, that was back in 2003. Today, a qualified laboratory can repeat those steps in a matter of weeks.”)

2005
December: Congress approves the Public Readiness and Emergency Preparedness (PREP) Act, which authorizes the Secretary of the Department of Health and Human Services (HHS) “to issue a PREP Act Declaration . . . that provides immunity from liability for any loss caused, arising out of, relating to, or resulting from administration or use of countermeasures to diseases, threats, and conditions determined in the Declaration to constitute a present or credible risk of a future public health emergency.”

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2009
2009-present (and earlier): The Bill & Melinda Gates Foundation awards millions of dollars in global health funding to Imperial College London; funding covers areas such as polio, HIV, family planning, malaria, health care delivery, agricultural development, information technology and “public awareness and analysis.”

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2009: The Gates Foundation funds human papillomavirus (HPV) vaccine trials in India, administering the vaccine to 23,000 young girls in remote provinces. Seven die and approximately 1,200 suffer autoimmune conditions, fertility disorders or other severe reactions. Ethical violations include forged consent forms and refusal of medical treatment for the injured girls.

October 2009: Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases (NIAID), goes on YouTube to declare that serious adverse events for the H1N1 influenza vaccine are “very, very, very rare.” Months later, serious adverse events such as miscarriages, narcolepsy and febrile convulsions explode in multiple countries.

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2010
January: Bill Gates pledges $10 billion in funding for the World Health Organization (WHO) and announces “the Decade of Vaccines.”

May 18: Senator and physician Tom Coburn calls out Dr. Fauci for misleadingly touting “significant progress in HIV vaccine research”—research that has ushered millions into NIAID’s coffers. Dr. Coburn stated, “Most scientists involved in AIDS research believe that an HIV vaccine is further away than ever.”

2011
December 30: Dr. Fauci promotes gain-of-function research on bird flu viruses, arguing that the research is worth the risk. The risks worry other “seasoned researchers.”

2012
April 20: Baylor College researchers publish their evaluation of four vaccine candidates for SARS, concluding that “Caution in proceeding to application of a SARS-CoV vaccine in humans is indicated.”

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May: The 194 Member States of the World Health Assembly endorse the Global Vaccine Action Plan (GVAP), led by the Bill & Melinda Gates Foundation in collaboration with NIAID, WHO, Gavi, UNICEF and others. Dr. Fauci is one of five members on the GVAP’s Leadership Council.

2014
2014: Dr. Deborah Birx takes the helm of PEPFAR (the President’s Emergency Plan for AIDS Relief), which Dr. Fauci helped launch (in 2003) and which benefits from generous Gates Foundation support. Birx and Fauci are long-time allies, having worked together during the early years of AIDS and sharing overlapping career paths.

October 7: National Institutes of Health (NIH) director Francis Collins announces a “new phase of cooperation” between NIH and the Bill & Melinda Gates Foundation, including partnering for vaccine development.

October 17: Under President Obama, the NIH halts federal funding for gain-of-function (GOF) research (see Notes) and asks federally funded GOF researchers to “agree to a voluntary moratorium.” The funding hiatus applies to 21 studies “reasonably anticipated to confer attributes to influenza, MERS, or SARS viruses such that the virus would have enhanced pathogenicity and/or transmissibility in mammals via the respiratory route.” NIH later allows 10 of the studies to resume.

[T]hese data and restrictions represent a crossroads of [gain-of-function] research concerns; the potential to prepare for and mitigate future outbreaks must be weighed against the risk of creating more dangerous pathogens.
2015
2015: NIAID, under Fauci, awards a five-year, $3.7 million grant to EcoHealth Alliance (whose director gets credit on subsequent publications for “funding acquisition” rather than scientific work) to conduct gain-of-function studies on the “risk of bat coronavirus emergence.” Ten percent of the award goes to the Wuhan Institute of Virology, which does “the bulk of the on-the-ground sample collection and analysis.”

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January: In a public appearance, Bill Gates states, “We’re taking things that are genetically modified organisms and we’re injecting them into little kids’ arms; we just shoot ‘em right into the vein.”

September 24: UNC’s Ralph Baric is granted a patent for the creation of chimeric coronavirus spike proteins.

November 9: Baric and the Wuhan Institute’s Shi Zheng-Li (the leading GOF coronavirus researcher in China) publish what some refer to as “the most famous gain-of-function virology paper” (in Nature Medicine), describing their creation of a synthetic chimeric coronavirus. The authors state: “[T]hese data and restrictions represent a crossroads of GOF research concerns; the potential to prepare for and mitigate future outbreaks must be weighed against the risk of creating more dangerous pathogens [emphasis added]. In developing policies moving forward, it is important to consider the value of the data generated by these studies and whether these types of chimeric virus studies warrant further investigation versus the inherent risks involved.”

2016
2016: The National Science Advisory Board for Biosecurity states that “very few government-funded gain-of-function experiments [pose] a significant threat to public health.”

…researchers blame the Gates-funded polio vaccination campaign for almost half a million cases of childhood paralysis.
2017
February 8: The Modi administration in India severs ties with the Bill & Melinda Gates Foundation, after researchers blame the Gates-funded polio vaccination campaign for almost half a million cases of childhood paralysis.

November 30: Shi Zheng-Li and coauthors publish a paper in PLoS Pathogens describing the creation of eight new synthetic coronaviruses.

December 19: The NIH and Dr. Fauci’s NIAID restore federal funding for gain-of-function research, ending the moratorium that began in October 2014.

December 19: Dr. Marc Lipsitch of the Harvard School of Public Health tells the New York Times that the type of gain-of-function experiments endorsed by Dr. Fauci’s NIAID have “done almost nothing to improve our preparedness for pandemics, and yet risked creating an accidental pandemic.”

NIAID awards a six-year renewal grant of $3.7 million to EcoHealth Alliance and the Wuhan Institute of Virology to continue their gain-of-function studies on bat coronaviruses.
2019
2019: NIAID awards a six-year renewal grant of $3.7 million to EcoHealth Alliance and the Wuhan Institute of Virology to continue their gain-of-function studies on bat coronaviruses. The renewal is approved “unusually quickly,” receiving a “really extremely high priority for funding.”

August 14: Securities and Exchange Commission (SEC) records show that the Bill & Melinda Gates Foundation owns 5.3 million shares of Crown Castle International Corp., representing the Foundation’s second largest tech holding after Microsoft. Crown Castle dominates ownership of 5G infrastructure throughout the U.S., including cell towers, small cell nodes and fiber.

October: A report released by NBC News in May, 2020 declares, “The analysis of commercial telemetry data in Wuhan suggests the COVID-19 pandemic began earlier than initially reported” and “supports the release of COVID-19 at the Wuhan Institute of Virology.” NBC’s May 8 summary states, “there was no cellphone activity in a high-security portion of the Wuhan Institute of Virology from Oct. 7 through Oct. 24, 2019, and that there may have been a ‘hazardous event’ sometime between Oct. 6 and Oct. 11.”

October 6: On May 5, 2020, British and French researchers publish a study estimating that COVID-19 could have started as early as October 6, 2019.

October 18-27: Wuhan hosts the Military World Games (“Wuhan 2019”), held every four years. More than 9,000 athletes from over 100 countries compete. The telecom systems for the Athletes’ Village constructed for the event are powered by 5G technology, “showcas[ing] its infrastructure and technological prowess.”

October 18: The Bill & Melinda Gates Foundation, the World Economic Forum and the Johns Hopkins Center for Health Security convene an invitation-only “tabletop exercise” called Event 201 to map out the response to a hypothetical global coronavirus pandemic.

November-December: General practitioners in northern Italy start noticing a “strange pneumonia.”

December 2-3: Vaccine scientists attending the WHO’s Global Vaccine Safety Summit confirm major problems with vaccine safety around the world.

December 18: Researchers at the Massachusetts Institute of Technology (MIT) report the development of a “novel way to record a patient’s vaccination history,” using smartphone-readable nanocrystals called “quantum dots” embedded in the skin using microneedles—this work is funded by the Bill & Melinda Gates Foundation.

December 31: Chinese officials inform the WHO about a cluster of “mysterious pneumonia” cases. Later, the South China Morning Post reports that it can trace the first case back to November 17.

Dr. Peter Hotez of Baylor College … tells a Congressional Committee that coronavirus vaccines have always had a “unique potential safety problem”
2020
January 7: Chinese authorities formally identify a “novel” coronavirus.

January 10: China makes the genome sequence of the new coronavirus publicly available.

January 11: China records its first death attributed to the new coronavirus.

January 20: The first U.S. coronavirus case is reported in Washington State.

January 23: Shi Zheng-Li releases a paper reporting that the new coronavirus is 96% identical to a strain that her lab isolated from bats in 2013 but never publicized.

January 30: The WHO declares the new coronavirus a “global health emergency.”

Jan. 31, 2020: A group of Indian scientists publishes a study finding HIV sequences in the 2019-nCoV coronavirus. The scientists withdraw the study within 24 hours, presumably under some pressure.

February 4: Sixty-seven year-old scientist Dr. Frank Plummer, head until 2015 of Canada’s level-4 National Microbiology Laboratory, dies under mysterious circumstances while in Nairobi, Kenya. During the SARS outbreak in the early 2000s, Plummer told the New York Times that 60% of “probable” and “suspected” SARS cases had failed the test needed to confirm a link between coronavirus and SARS: “[W]hether it is the entire explanation for SARS I am just not sure yet.”

February 4: With just 11 people in the U.S. who are confirmed to have COVID-19, HHS issues a Declaration, published on March 17 in the Federal Register, that places the new coronavirus under the umbrella of the 2005 PREP Act, making medical countermeasures (including vaccines) immune from liability.

February 5: Bill and Melinda Gates announce $100 million in funding for coronavirus vaccine research and treatment efforts.

February 10: French and Canadian scientists publish a paper about the new coronavirus describing an “important” anomaly—12 additional nucleotides—not observed in previous coronaviruses. They suggest that the distinct feature “may provide a gain-of-function . . . for efficient spreading in the human population.”

February 11: The WHO gives the disease thought to be caused by the new coronavirus a name: “COVID-19.” WHO’s Director-General explains, “We had to find a name that did not refer to a geographical location, an animal, an individual or group of people, and which is also pronounceable and related to the disease.”

February 24: Moderna, Inc. sends the first batch of its experimental coronavirus vaccine, mRNA-1273, to its research partner, NIAID.

February 25: Moderna stock shares trade 15% higher.

February 29: The U.S. reports its first COVID-19 death.

March 5: Dr. Peter Hotez of Baylor College (who has previously tried to develop a SARS vaccine) tells a Congressional Committee that coronavirus vaccines have always had a “unique potential safety problem”—a “kind of paradoxical immune enhancement phenomenon.”

March 6: President Trump signs an $8.3 billion emergency coronavirus spending package, much of which “directly benefit[s] the drug industry.”

March 10: Dr. Paul Offit of the Children’s Hospital of Philadelphia expresses concerns about the push to “rush [a vaccine] through,” particularly in the absence of “any history of making a coronavirus vaccine.”

March 10: The Bill & Melinda Gates Foundation, Wellcome and Mastercard commit $125 million to identify, assess, develop and scale up COVID-19 treatments, forming the COVID-19 Therapeutics Accelerator. The $50 million in Gates Foundation funding is part of the $100 million in COVID-19 funding announced by Gates on February 5.

March 11: The WHO declares COVID-19 a pandemic.

March 13: Bill Gates steps down from the Boards of Microsoft and Berkshire Hathaway to “dedicate more time to philanthropic priorities.”

March 16: Neil Ferguson of Imperial College London, scientific advisor to the UK government, publishes his computer simulations warning that there will be over two million COVID-19 deaths in the U.S. unless the country adopts “intensive and socially disruptive measures.”

March 16: Dr. Fauci tells Americans that they must be prepared to “take more drastic steps” and “hunker down significantly” to slow the coronavirus’s spread.

March 16: NIAID launches a Phase 1 trial in 45 healthy adults of the mRNA-1273 coronavirus vaccine co-developed by NIAID and Moderna, Inc. The trial skips the customary step of testing the vaccine in animal models prior to proceeding to human trials.

March 17: The Nation publishes an analysis covering conflicts of interest in the Gates Foundation’s charitable giving, describing “close to $2 billion in tax-deductible charitable donations to private companies,” including GlaxoSmithKline (GSK), and “close to $250 million in charitable grants . . . to companies in which the foundation holds corporate stocks and bonds,” including Merck, GSK, Sanofi and other pharmaceutical corporations. A critic states that the foundation has “created one of the most problematic precedents in the history of foundation giving by essentially opening the door for corporations to see themselves as deserving charity claimants at a time when corporate profits are at an all-time high.”

March 22: U.S. bioweapons expert Dr. Francis Boyle repeats earlier statements that the purpose of Biosafety Level 4 (BSL-4) labs such as the Wuhan Institute of Virology “is the research, development, testing and stockpiling of offensive biological weapons” and that the new virus is a “weaponized” SARS coronavirus that leaked out of the Wuhan BSL-4 lab.

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Bill Gates announces significant funding for a company, EarthNow, that will blanket Earth with $1 billion in video surveillance satellites.
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March 24: Bill Gates announces significant funding for a company, EarthNow, that will blanket Earth with $1 billion in video surveillance satellites.

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March 26: Microsoft announces that it is acquiring Affirmed Networks, a company focused on 5G and “edge computing.”

March 26: Dr. Fauci publishes an editorial in the New England Journal of Medicine (with senior NIAID official H. Clifford Lane and CDC director Robert Redfield), stating that “the overall clinical consequences of Covid-19 may ultimately be more akin to those of a severe seasonal influenza,” with a case fatality rate of perhaps 0.1%.

March 27: President Trump signs the $2 trillion CARES Act into law.

March 27: Children’s Health Defense publishes its video and article, “Dr. Fauci and COVID-19 priorities: therapeutics now or vaccines later?” Shortly thereafter, Mailchimp deactivates CHD’s account with no advance notice and no violation of Mailchimp’s rules.

March 29: President Trump extends nationwide social distancing guidelines until April 30.

March 31: White House coronavirus advisors Dr. Deborah Birx and Dr. Fauci cite models showing a potential 100,000 to 240,000 coronavirus deaths “even if the country keeps stringent social distancing guidelines in place.” Fauci describes social distancing and lockdowns as “inconvenient” but “the answer to our problems.”

April 2: Bill Gates states that a coronavirus vaccine “is the only thing that will allow us to return to normal.”

April 3: Forbes reports that Moderna’s CEO has become an overnight billionaire after the company ended 2019 with a net loss.

April 6: Dr. Fauci describes a COVID-19 vaccine as a “showstopper” and states, “I hope we don’t have so many people infected that we actually have . . . herd immunity.”

April 9: Dr. Fauci states that the U.S. death toll from the coronavirus “looks more like the 60,000 [range],” adding the “models are really only as good as the assumptions that you put into the model.”

April 9: The Gates-funded Coalition for Epidemic Preparedness Innovations (CEPI) reports that 115 COVID-19 vaccines are in the pipeline.

April 9: Children’s Health Defense publishes “Gates’ globalist vaccine agenda: a win-win for pharma and mandatory vaccination.”

April 11: Children’s Health Defense publishes “Here’s why Bill Gates wants indemnity… Are you willing to take the risk?”

April 15: Bill Gates pledges another $150 million to coronavirus vaccine development and other measures. He states, “There are seven billion people on the planet. We are going to need to vaccinate nearly every one.”

April 16: Moderna announces up to $483 million in funding from the Biomedical Advanced Research and Development Authority (BARDA) to speed up the mRNA-1273 vaccine’s development.

April 18: Professor Luc Montagnier, recipient of the 2008 Nobel Prize in Medicine for his discovery of HIV, appears on French television and states that SARS-CoV-2 has been “manipulated” to include “added sequences” from HIV. Professor Montagnier asserts that this “meticulous” insertion could only have been carried out in a laboratory. Others raise similar questions about the origins of SARS-CoV-2.

April 18: News outlets report that the country’s first coronavirus tests are ineffective due to CDC lab contamination and the CDC’s violation of its manufacturing standards.

April 21: Washington State announces plans to have a 1,500-person contact tracing team in place by mid-May.

April 23: Researchers issue a preprint reporting “direct evidence” of at least 30 different SARS-CoV-2 genetic variants.

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April 23: News outlets report that American billionaires’ wealth increased by 10% during the first few months of COVID-19.

April 23: Children’s Health Defense Chairman Robert F. Kennedy, Jr. publishes “The Bill Gates effect: WHO’s DTP vaccine killed more children in Africa than the diseases it targeted.”

April 24: The NIH cancels the funding awarded to EcoHealth Alliance and the Wuhan Institute of Virology for gain-of-function research on coronaviruses (funding awarded continuously since 2015). The NIH and Dr. Fauci decline to comment.

April 27: Former FDA head Scott Gottlieb (now with Pfizer) and former Medicare/Medicaid official Andy Slavitt urge the Trump administration to dedicate $46 billion to contact tracing and isolation.

April 28: A Newsweek article reports, “Dr. Fauci backed controversial Wuhan lab with U.S. dollars for risky coronavirus research.” Fauci does not respond to requests for comments.

April 29: Bloomberg publishes a story about President Trump’s “Operation Warp Speed,” a planned pharmaceutical-government-military collaboration to shrink the development time for a coronavirus vaccine.

April 30: Bill Gates writes that “the world will be able to go back to the way things were . . . when almost every person on the planet has been vaccinated against coronavirus.” Gates also states that “Governments will need to expedite their usual drug approval processes in order to deliver the vaccine to over 7 billion people quickly.”

April 30: Dr. Fauci states that it is “doable” to have hundreds of millions of doses of a coronavirus vaccine available by January 2021.

May 1: Dr. Thomas Inglesby (director of the Johns Hopkins Center for Health Security), discussing gain-of-function research, states that “laboratory systems are not infallible, and even in the greatest laboratories of the world, there are mistakes.”

May 1: Democratic Representative Bobby Rush of Illinois introduces the TRACE Act (“HR 6666: COVID-19 Testing, Reaching, and Contacting Everyone”). The conspicuously vague Act would allocate $100 billion to CDC-hired entities for contact tracing and “other purposes,” including family separation. (See also May 15.)

May 4: Bill Gates pledges another $50 million toward COVID-19, for a total of $300 million in commitments.

May 4: President Trump states that the U.S. will have a coronavirus vaccine by the end of 2020.

May 5: British and French researchers publish “Emergence of genomic diversity and recurrent mutations in SARS-CoV-2,” suggesting that the recurrent mutations detected “may indicate ongoing adaptation of SARS-CoV-2 to its novel human host.”

May 5: Neil Ferguson resigns from the UK government’s Scientific Advisory Group for Emergencies (SAGE) after flouting his own social distancing rules. The married lover with whom Ferguson has his trysts works for an organization “loosely connected with Bill Gates, through the World Economic Forum.”

May 5: Children’s Health Defense Chairman Robert F. Kennedy, Jr. publishes “Redfield and Birx: can they be trusted with COVID?”

May 6: An anonymous software engineer (ex-Google) pronounces Neil Ferguson’s COVID-19 computer model “unusable for scientific purposes.”

May 6: New York governor Andrew Cuomo announces that the state will partner with “visionary” Bill Gates to restructure education by placing “technology at the forefront.” Cuomo appoints former Google CEO Eric Schmidt to lead a blue-ribbon committee for this purpose. Critics push back, describing past Gates-Foundation-funded educational fiascos that amassed “detailed personal information about millions of students” in the cloud.

May 7: Business Insider reports that over 33 million Americans have filed for unemployment over the seven-week period since COVID-19 restrictions began.

May 7: NPR reports that 44 states and the District of Columbia have plans to deploy a contact tracing workforce of over 66,000 workers.

May 8: NBC News releases a private report describing an unconfirmed shutdown of the Wuhan Institute of Virology in October 2019.

May 8: Children’s Health Defense Chairman Robert F. Kennedy, Jr. and Dafna Tachover (director of CHD’s “Stop 5G and Wireless Harms Project”) publish “The brave new world of Bill Gates and Big Telecom.”

May 11: UK chief medical officer Dr. Chris Whitty (an insider who has received millions in malaria research funding from the Gates Foundation and who endorses stigma as a useful public health intervention) states that COVID-19 is “harmless to [the] vast majority.”

May 13: Australian researchers report that “SARS-CoV-2 is uniquely adapted to infect humans, raising important questions as to whether it arose in nature by a rare chance event or whether its origins might lie elsewhere.”

May 14: Microsoft announces that it is acquiring UK-based Metaswitch Networks “to expand its Azure 5G strategy.”

May 15: The House passes the 1,815-page, $3 trillion HEROES Act (“Health and Economic Recovery Omnibus Emergency Solutions Act”), sneaking in portions of the TRACE ACT that would funnel $75 billion to the CDC for “coronavirus testing, contact tracing and isolation measures.”

May 18: Moderna announces interim results from the Phase 1 trial of its mRNA-1273 coronavirus vaccine. The company reports that three out of 15 healthy participants (20%) experienced Grade 3 systemic adverse events following a second dose. (The Merck Manual defines Grade 3 as “severe or medically significant but not immediately life-threatening; hospitalization or prolongation of hospitalization indicated; disabling; limiting self care.”)

May 18: Discussing the interim results from Moderna’s Phase 1 trial of its mRNA-1273 vaccine—co-developed with NIAID—Dr. Fauci states: “I must warn that there’s also the possibility of negative consequences, where certain vaccines can actually enhance the negative effect of the infection.”

May 18: After describing its interim Phase 1 results as “promising,” shares of Moderna stock soar 25%, closing at a “record high.” The company’s stock has gained 241% since the beginning of 2020.

May 19: Children’s Health Defense Chairman Robert F. Kennedy, Jr. publishes “How Bill Gates controls global messaging and censorship.”

May 20: Microsoft announces its new supercomputer intended to create “human-like” artificial intelligence.

Stop the conveyor belt
Around the world, many people are understandably reeling in shock at the rapid economic, social and cultural changes that have followed in the wake of the phenomenon called “COVID-19.” Many of these changes involve ever-tighter restrictions on our rights and freedoms, accompanied by inexorable messaging—both public and subliminal—that a “vaccine for all” and 24/7 tracking and surveillance are the only way out. Increasingly, however, there are hopeful signs that more members of the public are recognizing the duplicity and self-interest of those offering false salvation. Each of us needs to do our part to expose these issues, standing up for individual sovereignty and working to halt the transition “to a totalitarian singularity more despotic than Orwell ever imagined.”

Sign up for free news and updates from Robert F. Kennedy, Jr. and the Children’s Health Defense. CHD is planning many strategies, including legal, in an effort to defend the health of our children and obtain justice for those already injured. Your support is essential to CHD’s successful mission.

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Wells Fargo Employees Are Said to Improperly Alter Documents By Hannah Levitt


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

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

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

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

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

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

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

— With assistance by Laura J Kelle

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

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

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

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

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

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

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GO TO LENDINGLIES to order forms and services. Our forensic report is called “TERA“— “Title and Encumbrance Report and Analysis.” I personally review each of them for edits and comments before they are released.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

For one such example see Freddie Mac Securitization Explanation

And the following diagram:

Freddie Mac Diagram of Securitization

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

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

 

BOSTON – A group of Western Massachusetts banks argued before the state’s highest court on Thursday that the city of Springfield’s anti-foreclosure ordinances should be overturned.

The banks say the local ordinances contradict state laws, and a bond levied on lenders constitutes an illegal tax. “It’s not that banks are opposed to mortgage laws and reform, but to how it’s being done,” said Craig Kaylor, general counsel for Hampden Bank, one of the banks that brought the lawsuit. “These are for the state to decide, not city by city.”

But the city disagrees and says the laws are necessary to avoid blight and protect neighborhoods that have high rates of foreclosure.

“This is the city’s response to the foreclosure crisis,” said Springfield Assistant City Solicitor Thomas Moore, who argued the case before the Supreme Judicial Court. “It’s a response from the city council and mayor based on what they see every day in the city. They’ve taken the strongest stance to protect homeowners and the city itself.”

The city of Springfield passed two anti-foreclosure ordinances in 2011 as the city was being hit hard by the mortgage foreclosure crisis. One ordinance requires a bank that forecloses on a home to pay for a $10,000 bond, which can be used by the city to maintain the foreclosed properties, if the bank fails to do so.

The other ordinance requires the establishment of a mandatory mediation program to help homeowners facing foreclosure. The bank would be responsible for paying most of the cost of the mediation.

Springfield is among the top cities in the state in the number of distressed properties it has. The city says high rates of foreclosures lead to health and education problems for children in families that lose their homes, and high rates of blighted or vacant properties lead to crime and violence in those neighborhoods.

Six western Massachusetts banks, with Easthampton Savings Bank as the lead plaintiff, challenged the ordinances. A U.S. District court judge upheld the ordinances. However, on appeal, the U.S. Court of Appeals issued a stay preventing Springfield from enforcing them. The federal court then asked the Supreme Judicial Court, the state’s highest court, to answer two questions related to state law before the federal court makes its ruling. The case is Easthampton Savings Bank and others vs. City of Springfield.

The SJC must decide whether the local foreclosure ordinances are preempted by existing state foreclosure laws. The court must also decide whether the $10,000 bond is a legal fee or an illegal tax. Cities and towns cannot create taxes without legislative approval.

The banks also argue that the ordinances violate the contract clause of the U.S. Constitution by impairing the contract between the homeowner and the mortgage-holder, a question that remains before the federal court.

During Thursday’s arguments, Tani Sapirstein, an attorney representing the banks, argued that the bond is a tax because banks do not get any particular benefit from paying it – which is the criteria for calling something a fee. The way the bond works is when a foreclosed property is sold, if the city did not have to use the bond money to maintain it, $9,500 would be returned to the bank and $500 is kept by the city as an administrative fee, used to maintain blighted properties and implement the foreclosure laws.

Chief Justice Ralph Gants questioned Sapirstein on whether the bank does not actually receive benefits. “You have an interest in preserving the value of your property,” Gants said. “If there are foreclosed properties going to hell all around your property, it diminishes the value of your property and diminishes the value of what you receive on the foreclosure. Why is this concern about avoiding blight not something that would benefit the bank as well as the city?”

Sapirstein replied that eliminating blight would benefit the bank “as well as the city and other property owners in the neighborhood.” “How is that a particularized benefit?” she said.

Moore argued that the bond is a fee, which the city needs to hire code inspectors and create a database of who controls foreclosed properties.

But Justice Geraldine Hines said if she pays for a copy of her birth certificate, she gets a document in return for the fee. “Here I don’t see that,” she said. “The property owners, the mortgagees, don’t have something tangible.”

Moore said the banks get a “well-regulated industry” and preservation of their property values. In addition, when a bank registers ownership in the database, the city knows who is responsible and problems can be resolved more easily.

Sapirstein also argued that local law cannot require more than state law in an area that is regulated by the state or the result would be “a patchwork of ordinances.”

Gants indicated that the court may move to narrow the ordinances – for example, applying them only to a bank that has taken possession of a house, not a bank that is in the process of foreclosure when the homeowner is still living there. Gants said the ordinance as written could fine a bank for not maintaining a property where the homeowner still lives. As a homeowner, Gants said, “I’d say I’m still living here. This is my home. How can they be punished for not invading what’s still my home just because they happen to be foreclosing on it?” Gants said.

Moore acknowledged that the ordinance may be overbroad and said the city does not anticipate pursuing a violation in a case like that. Moore said the lenders’ lawsuit is premature because there is no information yet about how the city will enforce the laws. “We have the lenders essentially saying the sky will be falling, we are worried about x, y, z happening. None of that has happened and none of that may happen,” Moore said.

Moore said the city is still writing the regulations for the ordinances and if they are upheld, “The city is ready to go forward with implementation within a period of weeks.”

Similar foreclosure ordinances were established in Lynn and Worcester, and local banks challenged those as well. That lawsuit is pending in U.S. District Court in Worcester. The case involving Lynn and Worcester could be affected by the SJC’s ruling in the Springfield case.

Several activists supporting homeowners came in from Lynn and Springfield to hear the arguments. Candejah Pink, a Springfield homeowner and community organizer battled foreclosure for four years before reaching an agreement to keep her home. She helped write the Springfield ordinances. Pink said the bond is there to ensure that homes are maintained, which keeps crime and violence down. The mediation program, she said, is important to help homeowners come to an agreement with lenders. “We’re not asking to live in our homes for free. We’re asking for some mediation,” she said.

SHEEPLE AWAKEN!!!

Once Upon a Time…. I Thought the Worst We Had To Face Was Foreclosure Hell, I WAS WRONG!

Posted on  

Ya know, I used to think that Foreclosure Hell was the worst thing we in this Country had to face.  Wow, Was I Wrong!

I didn’t realize that just like in Japan, they will cook us to death with radiation, and not even bother to tell us.  I have condemned the Japanese for nuking the world and not telling us the truth about it, but fuck me, this country is doing the same thing.

While most people go about their daily business, they never think about the fact, that a pleasure of getting rained on is killing them.  We are the walking dead, and being asleep to the fact is just fucking us up more.

I would apologize for my slang, no, crude language, but something needs to wake these sleeping zombies up!

So, they are not only going to take every house they can get their grimy paws on, but they are going to continue the slow kill of humankind from the planet.  

It is not the kids growing up now that will suffer so much, it is like the butterfly test in Fukushima.  It is the children’s children that will be riddled with deformities. 

No matter what they try to tell us, we cannot be stupid, and believe that radiation is ok.  The thought of believing that, well, it is, stupid.  The sheeple that make up this country now, is amazing.  If the government says the radiation is not hurting us, we’ll just believe them.  Because the government says so?  Yall need to get out from under the rock, and out of the sun, cause damn!  You been drinking too much water with fluoride in it, for too long, and it has made you dumb!  I take that back, it has made you dumber than dirt!

For years, they have been doing things with the weather, with our food, with our prescriptions, our health!  They have taken healthy human beings and turned them into out of shape, fat slugs that have lives that are meant for cattle.  Chemtrails is no lie either.  What about HARP?  I guess that you also believe that 911 was not an inside job.

No, I am not a conspiracy theorist, I believe in taking what is put before me, studying it, seeing it for what it is, listening to scientists, listening to experts, and deducing my own opinion.  You see, we woke up.  We quit drinking the tap water.  We quit watching the regular news.  The news media is brainwashing you sheeple, which is not hard for them to do.

Terrorists are here, they are going to get you, so we have to militarize the Police forces.  These false flag shootings, are to outrage you sheeple, so that you will agree that guns are bad, and they can confiscate our guns.  We are told that our rights have to be taken, so that we can be protected from the terrorists, etc.,

If you are so blind you cannot see your nose on your face, you will not notice that Fannie Mae, and the banks are throwing our elderly out on the street.  Right now, in Goodyear, Arizona, an 83 year old woman and her 86 year old husband are being thrown out of their home.  No one cares.  In Colorado Springs, CO, an 82 year old woman is being thrown out of her home.  No one cares.

What the hell is wrong with you sheeple?  It’s not you, so it is Ok?  The Bank With the Most Homes in the End Wins, Get Used to It!!!

Sheeple Awaken!

Neil Garfield Telling It As It Is…”Bullying As An Acceptable Way of Life – Covered By A Corporate Shell Game!

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 20093,457,643 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 20121,616,427 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

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

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.,

http://www.ForeclosureDefenseNationwide.com

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