Matt Weidner – Fighting With The American People

Archive for the ‘Laws’ Category

I am sickened and disgusted beyond words at what continues to occur in this country with the abuse we continue to take at the hands of the banks.  The desecration of our court system through the systemic prosecution and continuation of lawsuits where are infected with fraud, forgery and improper filings or, as Florida’s Fourth District Court of Appeals asserted in Pino:

“Many, many mortgage foreclosures appear tainted with suspect documents,”

And while that is all bad enough, another aspect I find incredibly disturbing is the practice that has developed all across this country where banks have decided they can break into homes anytime they damn well please.  It’s a dangerous violation of our nation’s most sacred principles:

“The Right To Be Safe And Secure in One’s Home, Papers And Possessions From Unwarranted Searches And Seizures”

Yes, I’m certain I read that somewhere.  Oh yes, that tattered shred of old worthless paper formerly known as the Constitution.  The banks have laid down their own law and I’ve gone deep into the gladiator pit many, many times facing down teams of attorneys to argue this point. The law articulated by the banks is as follows:

We, the banks,of the United States, in order to form a more perfectly abusive business climate in which to operate, eliminate any sense of justice, insure domestic instability, eliminate defenses for the commoners, promote our own general welfare, destroy any faint notions of the Blessings of Liberty and remove all freedoms and rights from this nation’s formerly free Posterity, do ordain and establish this Constitution for the United Corporate Oligarchy of America.

Section I

We The Banks, Can Kick Down Any Door And Make Any Threat We Choose To Without Any Fear or Consequence.

This folks is in fact the law of the land as it exists today.  It is in fact the law because the banks are doing this all across this country, every single day, sending teams of untrained and unaware foot soldiers out into a war.  Most of these foot soldiers do not appreciate the fact that they are actively participating in the destruction of their own nation.  They’re just doing a job, like good soldiers do.  But they do know that they are doing a dangerous job.  They know they are vulnerable, as they are confronted everyday by homeowners, neighbors and concerned citizens.  And on some level, they know that breaking into homes without lawful orders of court and without the protection of law enforcement is fundamentally un-American and yet their leaders continue to send them into danger.

All of this danger could be eliminated tomorrow with one simple change:

Respect Basic Property Rights.  Only Enter Homes With Permission, With Court Order Or With Law Enforcement

I have been pleading for years now that this change would occur, and if the banks won’t change voluntarily then our courts must demand this change.  Doing otherwise puts lives at risk.  And still, the dangerous conditions march onward.

The following was filed in court:

Motion for Contempt

“the clerk, in carrying out this duty and in order to protect the integrity of the public records and to avoid participating in the use of the public records as an instrument of deception…”

(From a Florida Attorney General Opinion)

 and then

“Scrutiny of the validity of an assignment of mortgage may be inappropriate under any circumstances”

(Florida Mortgage Bankers)

I recently had my rear end handed to me, a trial lost because the court refused to consider an obviously flawed assignment of mortgage.  The court bought, hook line and sinker, the argument made by the bank lawyer,

“We’ve got the note, ignore everything else.”

Like so many Americans, I’m disgusted by the state of our court system right now.  The fact that such absurd arguments are being made, much less the fact that they are succeeding is enough to make me want to start flying American flags upside down.  Seriously, our courts should just ignore key facts?

The courts are speaking, and this is apparently the message.

This should be mind-blowing stuff….

but that’s what this country has gone to.

LENDER PROCESSING SERVICES

Let me be clear about  this one more time.

MORTGAGE LOAN SECURITIZATION AUDITS ARE A CRIME!

VIOLATIONS.—A person who violates any provision of this section commits an unfair and deceptive trade practice as defined in part II of this chapter. Violators are subject to the penalties and remedies provided in part II of this chapter, including a monetary penalty not to exceed $15,000 per violation.

Just this week I had another client in my office who almost lost their home because they had given thousands of dollars to a loan audit/securitization “expert” who told the to ignore the lawsuit that was filed against them.  They did not respond to the lawsuit and the bank was prepared to set a sale.  The judge did not have to let my new client defend the case, but the judge recognized that this old, immigrant family had indeed been the victim of a widespread and rampant fraud so the judge allowed them to defend their case and their home is safe…for now.  Good call by the judge. Fair. Balanced.  So now, I’m going to bust my hump to make sure this client fills out all their paperwork and gets the modification done.  Here’s the thing….with their income, they could have had the modification done months ago….if only the scammer had not sold them up the river.

I get variations of the loan audit scam in my office nearly every single day.  Hapless consumers are either directly approached by companies or they respond directly to any one of the hundreds of websites that have sprung up everywhere.  Here’s the rap: The company or expert will audit their loan, show them how the bank committed fraud or their documents are bad or whatever and the homeowner can use that information to get a free house….for a small upfront fee of several thousand dollars…and maybe a small monthly fee if the mark can swing it.

ANY REPRESENTATIONS LIKE THIS ARE A VIOLATION OF STATE AND FEDERAL LAW!

And yet, the proliferation of these scams is mind blowing.  Homeowers are pounced on by cold callers and emails and direct mail and people coming directly to their door as soon as a foreclosure lawsuit is filed.  Some are pounded on just as soon as they miss a few payments….these consumers are placed on widely available lists that are purchased by the securitization scam companies and the victims are pounded on relentlessly.

WE’RE EXPERTS IN LOAN AUDITS

THE BANKS COMMITTED FRAUD

WE HAVE ACCESS TO THE BLOOMBERG TERMINAL

WE HAVE TRAINED BANK EXAMINERS ON OUR STAFF

WE HAVE FEDERAL ATTORNEYS ON OUR STAFF

WE WILL GET YOU A FREE HOUSE

I’ve wasted good years of my life reporting such scams to the Florida Attorney General, Florida Department of Law Enforcement and anyone else that should be paying attention, but no one seems to care.  Years ago I met with representatives from several different agencies, they handed me their fancy embossed cards and talked about the multi-agency task force that was going to be set up to go after these scams that ensnare countless consumers every day…..but no follow up ever came of those meetings and phone calls….I wonder if the shuffling of papers I heard in the background were….(self deleted comment here aimed at trying to not make me such a target) Here is an example of how long I’ve been screaming about this and here

The scams morph and twist, but the outcome and intent are the same. The outcome is a homeowner is scammed.  The intent is to take thousands of dollars from those who can least afford it.

Every time I write one of these posts I get pounced on and attacked by all sorts of people who claim they are the real deal, they do real audits and provide real service to homeowners.  Now, I will acknowledge that there are a handful of individuals out there who are working with attorney and who have very valuable information that can be useful to the homeowner….BUT THAT INFORMATION IS USELESS IF IT IS NOT ADMISSABLE IN COURT!

So I issue the challenge once again….WILL ANY SO CALLED SECURITIZATION EXPERT PLEASE STAND UP?  PLEASE, SHARE WITH ME ADMISSABLE EVIDENCE OF SUCCESS IN  ANY FORECLOSURE OR BANKRUPTCY CASE!

Now, I know that there are legitimate people out there who are working with attorneys and who have provided useful information.  Recently I came across a woman who provided invaluable information that was very, very useful. I will use her again and I will encourage other attorneys to use her. A key element for any person who asserts they have valuable information to share is that they will only work directly with attorneys….they will not sell information or services directly to the public.  So where do I get off saying that securitiztions are a crime, well, you read the following language and ‘splain to me how anything sold to a consumer ain’t a violation?

Michelle Sjolander’s “endorsement” appears on untold number of promissory notes all across this country.  Her “endorsement” is the key element used to take Americans out of their homes, but is it really an endorsement at all?

(another great job by ICE LEGAL)

Q Okay. Have you ever personally executed any
20 endorsements?
21 A My — with my — my personally placed a stamp on a
22 note?
23 Q Yes.
24 A No.
25 Q Have you ever assigned any endorsements personally?

1 A A wet signature on an endorsement?
2 Q You actually physically signed an endorsement.
3 A Are you asking a wet signature on an endorsement on
4 a piece of collateral?
5 Q I’m saying have you ever physically signed an
6 endorsement on an original note?
7 MR. TRINZ: Object to the form.
8 THE WITNESS: My stamp has been placed on collateral on
9 a note.
10 Q BY MS. LUNDERGAN: Okay. That’s not what I asked.
11 A Okay.
12 Q What I’m asking is have you ever physically –
13 A That’s what I was trying to –
14 Q — signed for a note?
15 A My wet signature has never been placed on an
16 original note. That is not common practice.

Did you ever supervise the department that endorsed
1 the collateral?
2 A No.
3 Q Okay. So you don’t have any first-hand knowledge
4 then of the endorsing of the promissory notes, do you?
5 A I have oversight to the — I have collateral
6 oversight in which I do ensure that the processes of the
7 collateral — I walk through and review them.
8 Q Okay. Can you explain to me what that means?
9 A It means I — the department does not directly
10 report to me, but I have insight to the processes and
11 procedures that that department does.
12 Q And where does your knowledge of the process and
13 procedure come from?
14 A Mostly from doing audits.
15 Q Okay. And when you say, “doing audits,” what does
16 that mean?
17 A I conduct a — every six months an audit of the
18 facility.
19 Q Okay. And were you doing audits of the facilities
20 back in 2008?
21 A Yes.
22 Q And are you still doing audits of the facilities
23 today?
24 A Yes.
25 Q And what is it you are looking for when you are
1-888-311-4240
www.uslegalsupport.com
37
1 doing audits of the facilities?
2 A I ensure that the procedures that the GSE’s require
3 are in place.
4 Q And what procedures would those be?
5 A Those will be the procedures on All Regs.
6 Q Okay. And what, specifically, are you looking for
7 when it comes to endorsing a promissory note?
8 A That the endorsement is placed in blank.
9 Q Are you looking for all endorsements to be placed in
10 blank?
11 A The final endorsement is an open endorsement in
12 blank –
13 Q Okay.
14 A — or the — let me rephrase that.
15 That the endorsement chain is correct.
16 Q Okay. And when you are looking to see if the
17 endorsement chain is correct, what are you comparing that to
18 to make sure that it’s correct?
19 A I am looking at the note.
20 Q Are you looking at the original promissory note –
21 A Yes.

MICHELLE SJOLANDER