Matt Weidner – Fighting For The American People

Posts Tagged ‘foreclosure financial markets’

A great essay. Something for us all to consider.  We’re all waking up now. But it’s not like waking up after a good, restful night’s sleep in a good bed.  It’s like waking up after a hard night of drinking.  Drinking really, really cheap gin.  And chain smoking filter less camel cigarets while staying up for days at a time gambling away your entire family’s fortune in a crappy casino miles off the strip.

Your eyes are caked shut with God only knows what.  Your clothes are stained with, with….oh God that’s urine and…..

Well, GOOOOOOD MORNING SUNSHINE….time to get this brand new life started!  Remember, this nation once had an industrial and employment base that was the envy of all the world.  Honest, it’s true. I can remember it….sort of.  I remember when General Electric had a plant in Daytona Beach….and I remember when it left Daytona Beach….and nothing ever returned…..a metaphor for all of America…..

The Big Lie

America is in the midst of a retirement crisis. Over the last decade, we’ve witnessed the wholesale gutting of pension and retiree healthcare in this country. Hundreds of companies have slashed and burned their way through their employees’ benefits, leaving former workers either on Social Security or destitute — and taxpayers with a huge burden that, as the baby boomer generation edges towards retirement, is likely to grow. It’s a problem that is already affecting over a million people — and the most shocking part is, none of this needed to happen.

As Ellen E. Schultz, an investigative reporter for the Wall Street Journal, reveals in her new book, “Retirement Heist,” it wasn’t the dire economy that led these companies to plunder their own employees’ earnings, it was greed. Over the last decade, some of the biggest companies — including Bank of America, IBM, General Motors, GE and even the NFL — found loopholes, abused ambiguous regulations and used litigation to turn their employees’ hard-earned retirement funds into profits, and in some cases, executive compensation. Schultz’s book offers a relentlessly infuriating look at the mechanisms they used to get away with it.

the theft of the American pension

The simple, unsophisticated motion attached below lies at the heart of the Category 5 hurricane that has been hovering over Florida for years now, it gaining strength and will obliterate the financial markets that are theoretically run or operated by all those big shot, smart guys on Wall Street and in DC.  I say theoretically run because I think we’re all recognizing that this whole system has run of it’s track.  The entire US mortgage market, and with it or financial system, is like a beat up, broken down jalopy of a big old Winnebago that’s screaming down the highway at full speed…smoke and oil billowing out of it with pieces and parts flying off in every direction.  Some of us look at that picture and think, “that don’t look right.”  Others, like the big shots in DC and Fat Cats on Wall Street, say, “Everything’s just fine, no problem here folks.  Take our word for it, things are just fine..just fine…just fine.”

Bank of America is reported as saying they’ve reviewed all their files and they have not found any significant problems at all….that’s a statement so absurd it defies commentary.  Apparently all my clients and every Realtor who will tell you that Bank of America is the absolute worst to deal with are totally wrong.

Denial is a very, very dangerous defense mechanism.

And here is my simple little motion, filed two years ago and never answered yet.

capacity

CLICK HERE FOR LINK TO VIDEO OF ARGUMENT

(Taylor v. Deutsche Bank)

Today’s oral argument before the 5th Circuit Court of Appeals in Daytona Beach Florida was one of the highlights of my career.  The only thing I take more personal and professional pride and satisfaction from is going to war against the aggressive and well-funded firms and winning for clients who don’t have the means or resources to pay big law firm fees.

The arguments were tough and these judges knew this case inside and out.  The research the judges had done and the comments that the Chief Judge, “did a nationwide search of cases”, shows just how much attention these judges are paying to the important issues raised in this case.  A key thing I want everyone in this community to know is just how much work was contributed to this case by many other people.  The key point of this experience is the emerging understanding that these issues are far more significant than “merely foreclosure”.  The brightest and most experienced lawyers, judges and advocates now recognize just how complex and confounding the foreclosure catastrophe is.  Recognition is an important first step…and what is this fight?

This fight we are engaged in is a fight to PRESERVE, PROTECT AND DEFEND our homes, our courts, our Constitution and fundamentally our country.  I am convinced that this 5th District Court of Appeals really gets it and I am more convinced than ever that the solution to the foreclosure crisis –the long term solution that benefits lenders, financial markets, communities, courts and homeowners is to BRING THESE ISSUES BEFORE APPELLATE COURTS.

Our commitment must be to selflessly give to support the effort to protect our clients, develop this law area of the law and CONVINCE OUR JUDGES THAT THEY HAVE A SOLEMN AND UNAVOIDABLE DUTY to apply the law in support of homeowners, their communities and the Constitution they took an oath to uphold.

Its time for more appeals.  Time to stop complaining about motions being denied and law not being applied.  Time to join together, contribute the resources, time and talent to make this right.  Stay tuned and be ready to pitch in.

(A special thanks to my hero and the mentor of many great lawyers across the country, April Charney who traveled with her daughter [an emerging attorney to be reckoned with in her own right] to watch the argument live. )