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<channel>
	<title>Matt Weidner - Fighting For The American People &#187; foreclosure plan</title>
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	<link>http://mattweidnerlaw.com/blog</link>
	<description>Speaking Out As Long As Political Speech Remains Protected</description>
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		<title>Will The Attorney Generals Sell Out The Pension Funds?</title>
		<link>http://mattweidnerlaw.com/blog/2012/02/will-the-attorney-generals-sell-out-the-pension-funds/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=will-the-attorney-generals-sell-out-the-pension-funds</link>
		<comments>http://mattweidnerlaw.com/blog/2012/02/will-the-attorney-generals-sell-out-the-pension-funds/#comments</comments>
		<pubDate>Mon, 06 Feb 2012 16:06:47 +0000</pubDate>
		<dc:creator>Matthew D. Weidner, Esq.</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Abigale Field]]></category>
		<category><![CDATA[Bailed-Out Banks]]></category>
		<category><![CDATA[David Dayen]]></category>
		<category><![CDATA[florida foreclosure]]></category>
		<category><![CDATA[foreclosure attorney]]></category>
		<category><![CDATA[foreclosure cases]]></category>
		<category><![CDATA[foreclosure crisis]]></category>
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		<category><![CDATA[foreclosure fraud settlement]]></category>
		<category><![CDATA[foreclosure news]]></category>
		<category><![CDATA[foreclosure plan]]></category>
		<category><![CDATA[foreclosure process]]></category>
		<category><![CDATA[fraudclosure]]></category>
		<category><![CDATA[FraudclosureGate]]></category>
		<category><![CDATA[lawyers for homeowner rights]]></category>
		<category><![CDATA[mortgage foreclosure]]></category>
		<category><![CDATA[non judicial foreclosure]]></category>
		<category><![CDATA[stop my foreclosure]]></category>
		<category><![CDATA[weidner foreclosure law]]></category>
		<category><![CDATA[Will The Attorney Generals Sell Out The Pension Funds]]></category>

		<guid isPermaLink="false">http://mattweidnerlaw.com/blog/?p=11828</guid>
		<description><![CDATA[From Abigail Field: A shocking aspect of the proposed foreclosure fraud settlement among Bailed-Out Banks, the state attorneys general, and the Feds has rightly gotten a lot of attention, namely the Bailed-Out Banks’ ability to use other people’s money to pay their “penalty.” I confess, when I first heard about it, I figured it was a testament [...]]]></description>
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<p><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/attorney-pension1.jpg"><img class="alignright size-thumbnail wp-image-11859" title="attorney-pension" src="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/attorney-pension1-150x150.jpg" alt="attorney-pension" width="150" height="150" /></a>From Abigail Field:</p>
<p>A shocking aspect of the proposed <strong>foreclosure fraud settlement</strong> among <strong>Bailed-Out Banks</strong>, the state attorneys general, and the Feds has rightly gotten a lot of attention, namely the Bailed-Out Banks’ ability to<a title="Naked Capitalism Jan 6" href="http://www.nakedcapitalism.com/2012/01/quelle-surprise-banks-plan-to-fob-off-some-of-the-costs-of-multi-state-mortgage-settlement-on-to-investors.html"> use other people’s money</a> to <a title="Naked Capitalism Jan 23" href="http://www.nakedcapitalism.com/2012/01/obama-to-give-banks-mortgage-get-out-of-jail-almost-free-card-pressures-state-attorneys-generals-to-capitulate.html" target="_blank">pay their “penalty.”</a> I confess, when I first heard about it, I figured it was a testament to the federal government’s craven capitulation to the Bailed Out Banks. (Let’s call them the B.O.B.s, rhymes with S.O.Bs.) But now I know it’s much worse than that, thanks to <a href="http://news.firedoglake.com/2012/02/04/hud-secretary-expects-substantial-payment-of-foreclosure-fraud-settlement-with-mbs-investor-money/">excellent reporting by David Dayen.</a> The federal government really <em>wants</em> the B.O.Bs to <a title="Sen. Sherrod Brown's press release and letter opposing this move, at stopforeclosurefraud.com" href="http://stopforeclosurefraud.com/2012/01/19/brown-to-feds-dont-let-wall-street-banks-use-the-assets-of-middle-class-ohioans-to-pay-the-penalty-for-breaking-the-law/">use pension fund money</a> to pay their “penalty.”</p>
<p>Now, readers know I’m not exactly a <a title="Merriam-Webster definition" href="http://www.merriam-webster.com/dictionary/pollyanna">Pollyanna</a>, but I feel like one now. See, I thought our federal government understood that the right way to penalize someone with a fine was to actually make them pay the bill. I thought the feds realized the best way to punish the banks was to have them cough up cash into a BP spill-type fund, and have 50 special masters (one per state) use it to pay down mortgages, thereby punishing banks and helping homeowners. I just figured the Feds had rushed things so much, doing essentially no investigation, that they didn’t have the goods to leverage a better deal. But no. The Feds see the banks’ ability to spend firefighters’, teachers’ and cops’ money as a design feature, not a flaw.</p>
<p><a href="http://abigailcfield.com/?p=911">ABIGALE FIELD</a></p>
<div class="gpone"><g:plusone size="small" href="http%3A%2F%2Fmattweidnerlaw.com%2Fblog%2F2012%2F02%2Fwill-the-attorney-generals-sell-out-the-pension-funds%2F"></g:plusone></div><i>Scridb filter</i><!-- Scridb filter-->]]></content:encoded>
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		<slash:comments>2</slash:comments>
		</item>
		<item>
		<title>We&#8217;re Gonna Have a Foreclosure Trial, Simple Thing&#8230;..Right?</title>
		<link>http://mattweidnerlaw.com/blog/2012/02/were-gonna-have-a-foreclosure-trial-simple-thing-right/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=were-gonna-have-a-foreclosure-trial-simple-thing-right</link>
		<comments>http://mattweidnerlaw.com/blog/2012/02/were-gonna-have-a-foreclosure-trial-simple-thing-right/#comments</comments>
		<pubDate>Sat, 04 Feb 2012 12:45:58 +0000</pubDate>
		<dc:creator>Matthew D. Weidner, Esq.</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[AHMSI and CA case details]]></category>
		<category><![CDATA[AHMSI bankruptcy]]></category>
		<category><![CDATA[American Home Mortgage bankruptcy questions and court filing]]></category>
		<category><![CDATA[American Home Mortgage Servicing]]></category>
		<category><![CDATA[florida foreclosure]]></category>
		<category><![CDATA[foreclose]]></category>
		<category><![CDATA[foreclosure attorney]]></category>
		<category><![CDATA[foreclosure cases]]></category>
		<category><![CDATA[foreclosure crisis]]></category>
		<category><![CDATA[foreclosure defense]]></category>
		<category><![CDATA[foreclosure plan]]></category>
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		<category><![CDATA[foreclosure trial]]></category>
		<category><![CDATA[lawyers for homeowner rights]]></category>
		<category><![CDATA[matt weidner]]></category>
		<category><![CDATA[mortgage foreclosure]]></category>
		<category><![CDATA[mortgage promissory note]]></category>
		<category><![CDATA[Notice of Non-Reliance]]></category>
		<category><![CDATA[Simple Thing]]></category>
		<category><![CDATA[sued my client to foreclose]]></category>
		<category><![CDATA[Surrogate Signing]]></category>
		<category><![CDATA[We're Gonna Have a Foreclosure Trial]]></category>
		<category><![CDATA[weidner foreclosure law]]></category>

		<guid isPermaLink="false">http://mattweidnerlaw.com/blog/?p=11764</guid>
		<description><![CDATA[So here’s the thing.  A foreclosure trial should be a simple matter.  An easy case for a big shot foreclosure firm….right?  Let’s take a hypothetical example.  The Plaintiff (or some version of the Plaintiff…we’ll get to that later) filed the Original Note years ago. They’ve got an Original, wet ink note that was taken out [...]]]></description>
			<content:encoded><![CDATA[<div class="fblike_button" style="margin: 10px 0;"><iframe src="http://www.facebook.com/plugins/like.php?href=http%3A%2F%2Fmattweidnerlaw.com%2Fblog%2F2012%2F02%2Fwere-gonna-have-a-foreclosure-trial-simple-thing-right%2F&amp;layout=standard&amp;show_faces=false&amp;width=450&amp;action=like&amp;colorscheme=light" scrolling="no" frameborder="0" allowTransparency="true" style="border:none; overflow:hidden; width:450px; height:25px"></iframe></div>
<p><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/american-mortgage.jpg"><img class="alignright size-thumbnail wp-image-11808" title="american-mortgage" src="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/american-mortgage-150x150.jpg" alt="american-mortgage" width="150" height="150" /></a>So here’s the thing.  A<strong> foreclosure trial</strong> should be a simple matter.  An easy case for a big shot foreclosure firm….right?  Let’s take a hypothetical example.  The Plaintiff (or some version of the Plaintiff…we’ll get to that later) filed the Original Note years ago. They’ve got an Original, wet ink note that was taken out with American Broker’s Conduit in 2007.  The note file with the court in 2009 is endorsed in blank so any old person can come in court, file the lawsuit and throw my client out into the street…..right?</p>
<p>Well, hold on there Nellie. Slow down a bit.  Let me take you for a little trip down the rabbit hole.  First a little date to keep in mind.  American Home Mortgage filed for bankruptcy in August 2007, just a few days after my loan was closed.  According to pleadings filed in court, shortly after the filing 6,500 people were fired all across the country.  So a first question I have is just how did my little ole loan get endorsed by some employee of AHMSI in the few short days between when it closed and when AHMSI filed bankruptcy?  (More on that later too.)  You know how things are when the ship is sinking….I’d imagine everyone knew the ship was going down so were all these folks really Johnnie on the Spot and really dotting their i’s and crossing their t’s? I mean while the building was on fire and everyone was running up and down the hallway screaming, was my particular girl sitting there calmly endorsing away millions of dollars in promissory notes?(Stamp, sign; Stamp, sign; Stamp, sign)  I just don’t picture that and, as I’ll get to later, this probably was not happening.</p>
<p><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/AHMSI-and-CA-case-details-GOOD-ref-2.pdf" target="_blank">AHMSI and CA case details &#8211; GOOD ref-2</a></p>
<p><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/AHMSI-1.pdf">AHMSI-1</a></p>
<p><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/American-Home-Mortgage-bankruptcy-questions-and-court-filing.pdf">American Home Mortgage bankruptcy questions and court filing</a></p>
<p><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/AHMSI-2.pdf">AHMSI-2</a></p>
<p>Next, I started carefully examining all these bankruptcy filings and litigation cases related to the <strong>AHMSI bankruptcy</strong> and it seems there’s real questions about whether and when and what parts of loans of these bankrupt companies actually were transferred out. You see the loans were like pigs that were sent off to slaughterhouses. Pieces and parts were chopped up and sent off to different places…the loans themselves were sold off to one group of investors (who knows if they were double sold?), then the rights to service or collect the payments on the loans were either retained by related entities, or those rights were sold off to other companies.  In subsequent lawsuits filed in federal bankruptcy court all sort of allegations are made about the improper transfer of these parts of the pig.</p>
<p>Another key part of this case comes in the name of the Plaintiff that sued my client to foreclose, <strong>American Home Mortgage Servicing</strong>.  Well, when they first filed the suit in 2009, I didn’t like the way the name was all loose and not pled in a proper legal fashion, so I demanded they give me the details that our pleading rules require….tell me what state of incorporation, tell me you’re in good standing, tell me there are no other competing entities….and well, here we are three years later and it seems like those questions I raised right at the beginning were well founded and justified.  You see, as the litigation shows, there were in fact two versions of AHMSI, pre-bankruptcy and the fire-sale rising from the ashes, post bankruptcy.  I challenged capacity and it seems that challenge was well-taken at the time….but that was never disclosed to me or the court in my case. (More on that later)</p>
<p>Me being a curious type, I sent detailed, painstaking discovery pointed at AHMSI asking all kinds of questions, the who, what, when, where and hows of every aspect of this loan and the litigation…and guess what responses I got?  NOTHING.  Not a single question answered.  And how did they pull this trick off?  Well, they went behind my back and told the court in an ex-parte motion that the loan had sold and that AHMSI now had nothing to do with this loan. I objected but the court denied my objection, letting AHMSI slither away not answering a single damn question.  For two years now, I’ve kept pointing back to the fact that I was denied those questions, filing motions to compel, trying to take depositions, but the new plaintiff’s attorneys (same as the old plaintiff’s attorneys) scream that the old plaintiff isn’t their client and they cannot be made to answer any questions.  They maintained this position until right up at the eve of trial when they told the court they were going to call their former client as a witness in order to answer questions and get in information they need in order to prove their case.</p>
<p>Well, along comes another interesting thing about this case.  You see, the Plaintiff’s attorney files a “Notice of Non-Reliance on Assignment”.  You see, AHMSI had apparently contracted with a company LPS or DOCS, LLC to generate the documents it needs to foreclose.  Now AHMSI and LPS Docs are in a good old fashioned legal war, AHMSI is suing LPS accusing its old friend of doing shady things as part of its document creation operation.  Nothing like a little fratricide to spice my case up a little bit.  Now, I’m not sure what a “Notice of Non-Reliance” is…I checked the rule books and there’s no mention of such a motion in all of legal history, but I wanted to make sure I wasn’t missing out on something new and exciting so I filed a “Notice of Reliance on Assignment”.  You see, I wanted to bring to the court’s attention the fact that the Plaintiff had produced a document , filed it with the court and were now trying to run away from it like a frat boy runs away from a girl with….well, you fill in the blank.</p>
<p style="text-align: center;"><a href="http://www.ddllaw.com/attachments/2011-12-16_ExB.pdf">READ THIS DOCUMENT VERY CAREFULLY</a></p>
<p>Well, the “<strong>Notice of Non-Reliance</strong>” brings us to another interesting point in this little saga called, “The Importance of Being Earnest”.  You see, the Florida Bar issued an ethics opinion which dealt with exactly the kind of situation presented here.  How do I know this is the situation.  Well, I just received documents that were sealed as part of the Nevada Attorney General’s Lawsuit against Lender Processing Service.  In this lawsuit is a document that explains exactly how LPS employees are supposed to forge the signatures of other employees, but they don’t call it forgery, they call it “<strong>Surrogate Signing</strong>”.  The explain it in great detail…really, you just gotta read it here, complete with a picture perfect example of Linda Greene’s signature that everyone is supposed to copy.  It’s just mind blowing that they would make all this so clear and write it down as policy….apparently no one considered that this was called forgery and that if the signature was notarized it was notary fraud.  You see, I in fact have a Linda Greene signature in my case.  Now, as I read the Bar ethics opinion along with the just-released Nevada lawsuit, I believe my opposing counsel has an obligation to bring this directly to the court for consideration….after which I believe the court would have no choice but to dismiss the case and potentially sanction those parties involved. But that hasn’t happened yet.  I’ve asked my friend, the attorney on the other side just when she might make this meeting, but all my pestering emails just get ignored.</p>
<p>Which brings us back to another interesting subject, the promissory note at issue in this case.  I have well founded reason to believe the note at issue in this case was not in fact endorsed by the person whose name appears on the face of the document.  How?  Well, remember the whole picture of the building burning and people running around on fire because 6,500 people are about to get fired in the days just after my loan closed?  That’s certainly part of it, but there’s more.  Much, much more.  The other side knows it and I know it, but they are stuck in some kind of a dangerously delusional world where they think the judge ain’t gonna care about the pleadings I have filed.  Maybe they’re right, maybe the judge will just ignore all of this.</p>
<p>Now, here’s the thing. I can’t just stand up in court and blather on like I can here and make this case.  In court, I can’t just stand up and start making all these wild, accusatory statements and expect the judge to take them into consideration.  Even if the judge wanted to , our rules of procedure require me to go through a painstaking process to make sure the evidence is properly presented and before the court.  And so while it’s just taken me  bit over an hour to tell parts of this story here, preparing then presenting this story in court will take many, many, many hours.  Collecting the evidence, organizing the evidence, then getting it into a form for the court to consider over the screaming objections of my opponents.  This truly sets up as a battle royale.  Will justice prevail?  You just never know until the very last minute.</p>
<div class="gpone"><g:plusone size="small" href="http%3A%2F%2Fmattweidnerlaw.com%2Fblog%2F2012%2F02%2Fwere-gonna-have-a-foreclosure-trial-simple-thing-right%2F"></g:plusone></div><i>Scridb filter</i><!-- Scridb filter-->]]></content:encoded>
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		<item>
		<title>(bombshell) IT&#8217;S OFFICIAL, FLORIDA IS A LAWLESS LAND, AND WE ARE ALL VULNERABLE (New York v. Florida)</title>
		<link>http://mattweidnerlaw.com/blog/2012/02/its-official-florida-is-a-lawless-land-and-we-are-all-vulnerable/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=its-official-florida-is-a-lawless-land-and-we-are-all-vulnerable</link>
		<comments>http://mattweidnerlaw.com/blog/2012/02/its-official-florida-is-a-lawless-land-and-we-are-all-vulnerable/#comments</comments>
		<pubDate>Fri, 03 Feb 2012 17:21:50 +0000</pubDate>
		<dc:creator>Matthew D. Weidner, Esq.</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[(bombshell) IT'S OFFICIAL]]></category>
		<category><![CDATA[AND WE ARE ALL VULNERABLE (New York v. Florida)]]></category>
		<category><![CDATA[firms doctored court paperwork in an attempt to speed foreclosures]]></category>
		<category><![CDATA[florida foreclosure]]></category>
		<category><![CDATA[FLORIDA IS A LAWLESS LAND]]></category>
		<category><![CDATA[foreclosure attorney]]></category>
		<category><![CDATA[foreclosure cases]]></category>
		<category><![CDATA[foreclosure crisis]]></category>
		<category><![CDATA[foreclosure defense]]></category>
		<category><![CDATA[foreclosure fraud]]></category>
		<category><![CDATA[foreclosure fraud fighters]]></category>
		<category><![CDATA[foreclosure mills]]></category>
		<category><![CDATA[foreclosure news]]></category>
		<category><![CDATA[foreclosure pinellas]]></category>
		<category><![CDATA[foreclosure plan]]></category>
		<category><![CDATA[foreclosure process]]></category>
		<category><![CDATA[lawyers for homeowner rights]]></category>
		<category><![CDATA[matt weidner law]]></category>
		<category><![CDATA[mortgage foreclosure]]></category>
		<category><![CDATA[mortgage fraud]]></category>
		<category><![CDATA[speed foreclosures]]></category>
		<category><![CDATA[weidner foreclosure law]]></category>

		<guid isPermaLink="false">http://mattweidnerlaw.com/blog/?p=11757</guid>
		<description><![CDATA[Drink it all in, folks. Things are bad and only getting worse.  No commentary necessary here, no need to read between any lines.  You can all read the black and white. The rapid descent into a very dark place has only been hastened as it becomes more and more certain and definite that this nation [...]]]></description>
			<content:encoded><![CDATA[<div class="fblike_button" style="margin: 10px 0;"><iframe src="http://www.facebook.com/plugins/like.php?href=http%3A%2F%2Fmattweidnerlaw.com%2Fblog%2F2012%2F02%2Fits-official-florida-is-a-lawless-land-and-we-are-all-vulnerable%2F&amp;layout=standard&amp;show_faces=false&amp;width=450&amp;action=like&amp;colorscheme=light" scrolling="no" frameborder="0" allowTransparency="true" style="border:none; overflow:hidden; width:450px; height:25px"></iframe></div>
<p><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/foreclosure-mills.jpg"><img class="alignright size-thumbnail wp-image-11891" title="foreclosure-mills" src="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/foreclosure-mills-150x150.jpg" alt="foreclosure-mills" width="150" height="150" /></a>Drink it all in, folks. Things are bad and only getting worse.  No commentary necessary here, no need to read between any lines.  You can all read the black and white.</p>
<p>The rapid descent into a very dark place has only been hastened as it becomes more and more certain and definite that this nation and especially this state are governed not by people or by laws or by any real justice, but by corporations supported and driven as they are by collision of corruption and cash.</p>
<p>The only real question remains is what happens after the full breadth and depth of the tyranny is fully expressed?  What will this world look like when the corporatacracy apparatchik has ground down and spit out every last bit of law and liberty?  What will we the serfs, the peasants, the prisoners do when clamp is tightened down just a few more screws deeper?</p>
<p>That truly is what terrifies me most. What the masters of the machine fail to realize is the profound danger they are placing all of us in by accelerating this descent into lawlessness.</p>
<p>This nation, these people will only be pushed so far.  The real problem is, the masters will not recognize they&#8217;ve pushed too far until it&#8217;s too late and there is no turning back.</p>
<p>From The Palm Beach Post:</p>
<p>Florida&#8217;s once-heralded foreclosure mill investigations have fizzled as the attorney general&#8217;s office has failed to find the right strategy to continue its pursuit and three law firms call for the cases to be dismissed.</p>
<p>This week, an attempt to have the Florida Supreme Court weigh in on whether the state has the authority to subpoena the Law Offices of David J. Stern was denied by the 4th District Court of Appeal.</p>
<p>The decision effectively ends the investigations into complaints that the firms doctored court paperwork in an attempt to <strong>speed foreclosures</strong>.</p>
<p><a href="http://www.palmbeachpost.com/money/florida-attorney-generals-attempt-to-subpoena-foreclosure-mills-2144794.html?formPostingFilterErrCode=102" target="_blank">FLORIDA ATTORNEY GENERAL</a></p>
<p style="text-align: center;"><span style="color: #ff0000;"><strong>UPDATE: BUT NOW HERE&#8217;S A REAL CONFLICT THAT&#8217;S DEVELOPING&#8230;</strong></span></p>
<p> What are we dear people, citizens of a United States of America to make of the fact that one state (that would be Florida) has affirmed a very real wild, dangerous environment of lawlessness while other states, that would be New York, California, Nevada, Michigan, just to name a few have said,</p>
<p style="text-align: center;"><strong><span style="color: #ff0000;">WE WILL OPERATE UNDER A SYSTEM OF EQUAL LAWS THAT BIND PEOPLE AND CORPORATIONS</span></strong></p>
<p style="text-align: left;"><span style="color: #000000;">That&#8217;s right, just read the lawsuit that was recently filed in Nevada<a href="http://www.ddllaw.com/pages/113.html"> here</a> and another bombshell, read the lawsuit that was just released a few minutes ago from New York <a href="http://4closurefraud.org/2012/02/03/a-g-schneiderman-announces-major-lawsuit-against-nations-largest-banks-for-deceptive-fraudulent-use-of-electronic-mortgage-registry/">here.</a></span></p>
<p style="text-align: center;"><span style="color: #0000ff;"><strong>It&#8217;s kinda setting up a sort of civil war type situation where on the one hand we&#8217;ve got states that are enforcing laws while another state sticks out like a downward sticking thumb, thumbing the nose at the rule of law&#8230;&#8230;</strong></span></p>
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		<title>FEB. 16- JOIN FLORIDIANS FOR MORTAGE JUSTICE FOR RALLY IN TALLAHASSEE!</title>
		<link>http://mattweidnerlaw.com/blog/2012/02/feb-16-join-floridians-for-mortage-justice-for-rally-in-tallahassee/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=feb-16-join-floridians-for-mortage-justice-for-rally-in-tallahassee</link>
		<comments>http://mattweidnerlaw.com/blog/2012/02/feb-16-join-floridians-for-mortage-justice-for-rally-in-tallahassee/#comments</comments>
		<pubDate>Wed, 01 Feb 2012 20:14:17 +0000</pubDate>
		<dc:creator>Matthew D. Weidner, Esq.</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Mortgage News]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[attorney activist Matt Weidner]]></category>
		<category><![CDATA[FEB. 16- JOIN FLORIDIANS FOR MORTAGE JUSTICE FOR RALLY IN TALLAHASSEE]]></category>
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		<category><![CDATA[Foreclosure Awareness Day]]></category>
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		<category><![CDATA[Mortgage Justice group to protest bill that would make Florida a non-judicial state]]></category>
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		<guid isPermaLink="false">http://mattweidnerlaw.com/blog/?p=11719</guid>
		<description><![CDATA[People WAKE UP! You are getting creamed. We are getting creamed. We are all getting destroyed by a system of government that is radically unfair, unjust and therefore entirely illegitimate. YOU CAN NO LONGER JUST SIT ON THE SIDELINES AND BE A VICTIM.  YOU CAN NO LONGER SIT PROSTRATE AND ALLOW THE WHIPPING AND BEATING [...]]]></description>
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<p style="text-align: center;"><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/mortgage-justice.jpg"><img class="aligncenter size-medium wp-image-11730" title="mortgage-justice" src="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/02/mortgage-justice-300x273.jpg" alt="mortgage-justice" width="300" height="273" /></a></p>
<p style="text-align: center;">People WAKE UP!</p>
<p style="text-align: center;">You are getting creamed.</p>
<p style="text-align: center;">We are getting creamed.</p>
<p style="text-align: center;">We are all getting destroyed by a system of government that is radically unfair, unjust and therefore entirely illegitimate.</p>
<p style="text-align: center;"><strong>YOU CAN NO LONGER JUST SIT ON THE SIDELINES AND BE A VICTIM.  YOU CAN NO LONGER SIT PROSTRATE AND ALLOW THE WHIPPING AND BEATING AND ABUSE TO CONTINUE.</strong></p>
<p style="text-align: center;">It&#8217;s time for every single person who is impacted by all of this&#8230;and that is everyone of you&#8230;to make a stand&#8230;</p>
<p style="text-align: center;">COME TO THE STATE CAPITOL AND MAKE YOUR VOICE HEARD!</p>
<p style="text-align: center;"><a href="http://insiderealestate.heraldtribune.com/2012/01/27/mortgage-justice-group-to-protest-bill-that-would-make-florida-a-non-judicial-state/" target="_blank">Mortgage Justice Group Announcement</a></p>
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		<title>FORECLOSURE MEDIATION IN A POST-APOCALYPTIC WORLD</title>
		<link>http://mattweidnerlaw.com/blog/2012/01/foreclosure-mediation-in-a-post-apocolyptic-world/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=foreclosure-mediation-in-a-post-apocolyptic-world</link>
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		<pubDate>Tue, 24 Jan 2012 12:40:10 +0000</pubDate>
		<dc:creator>Matthew D. Weidner, Esq.</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
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		<category><![CDATA[FORECLOSURE MEDIATION IN A POST-APOCALYPTIC WORLD]]></category>
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		<guid isPermaLink="false">http://mattweidnerlaw.com/blog/?p=11530</guid>
		<description><![CDATA[The nuclear bomb has already detonated.  You know that don&#8217;t you?  Remember that scene in War Games when the Doomsday clock was ticking away, 10-9-8-7-6-5-4-3-2-1 BOOM! Well, the nuclear bomb called Financial Armageddon went off long, long times ago.  Today we&#8217;re all living in the bombed-out completely radiated cities.  If you listen carefully, you can [...]]]></description>
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<p><object width="420" height="315" classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="allowFullScreen" value="true" /><param name="allowscriptaccess" value="always" /><param name="src" value="http://www.youtube.com/v/qsocZrEcp0Y?version=3&amp;hl=en_US&amp;rel=0" /><param name="allowfullscreen" value="true" /><embed width="420" height="315" type="application/x-shockwave-flash" src="http://www.youtube.com/v/qsocZrEcp0Y?version=3&amp;hl=en_US&amp;rel=0" allowFullScreen="true" allowscriptaccess="always" allowfullscreen="true" /></object></p>
<p>The nuclear bomb has already detonated.  You know that don&#8217;t you?  Remember that scene in War Games when the Doomsday clock was ticking away, 10-9-8-7-6-5-4-3-2-1 BOOM!</p>
<p>Well, the nuclear bomb called <strong>Financial Armageddon</strong> went off long, long times ago.  Today we&#8217;re all living in the bombed-out completely radiated cities.  If you listen carefully, you can hear all the Geiger counters screaming.  I&#8217;m talking of course, not just about foreclosures and housing, but of the world financial system entirely.  Greece and Italy and in fact most of Euro are teetering, borrowing monthly in order to pay the bills.  Banks here in the US have made a dizzying array of bets, both for and against, the coming collapse.  Meanwhile all of Asia suffers as the entire world slips into profound economic distress.</p>
<p>If you&#8217;re not scared about what these times hold, you&#8217;re simply not awake&#8230;..but let&#8217;s take a little step back in history just a few short years.  You see, a few years ago there was this blogger named Adolf.  He lived first in Austria, then in Germany where he wrote a popular blog called, www.MeinKampf.com which, loosely translated into English means, &#8220;I&#8217;m Pissed.&#8221; A lot of what motivated Adolf to start his blog and to write the post was all the hootin&#8217; and hollerin&#8217; and economic inequality that he saw while he was wandering around Vienna.   Like <a href="http://www.youtube.com/watch?v=qsocZrEcp0Y" target="_blank">Dan Fogelberg</a>, Adolf tried first to be an soldier first, but he found his painting couldn&#8217;t wait.  Or maybe Adolf tried to be an artist first, but when his heart&#8217;s calling was rejected he set out on a slightly different vocational path. You should at least know the very serious facts that Adolf did not start out as a homicidal maniac.  He in fact was an artist of some recognition, and his first calling was in fact selling paintings, primarily to the wealthy and enlightened Jewish population in and around Vienna.  Well, you know how the internet and social media works, his blog went all viral and next thing you know he had an inital public offering (IPO) that exploded and he was bought out by the webhost called www.nazi.com</p>
<p>Scared yet?  Well, just google, &#8220;George Soros on the Coming US Class War&#8221;&#8230;.that should wake you up a bit.  Remember, Hitler&#8217;s foreign and domestic policies had the goal of seizing <em><a title="Lebensraum" href="http://en.wikipedia.org/wiki/Lebensraum">Lebensraum</a></em> (&#8220;living space&#8221;) for the <a title="Nazism and race" href="http://en.wikipedia.org/wiki/Nazism_and_race">Germanic people</a>&#8230;.and what&#8217;s happening all across America today?  Well, the banks and institutions are busy seizing living space for&#8230;.well, haven&#8217;t really figured out whose gonna move into all them homes yet&#8230;.what with all the unemployment and such&#8230;.</p>
<p>But enough about all that&#8230;.let&#8217;s talk about right now.  Today. There here and now.  Just yesterday, the Republican Robot Mitt Romney, on two separate occasions recognized and applauded Florida Attorney General for standing up and <strong>fighting against Mortgage Fraud</strong>&#8230;.he kinda veered way of carefully scripted talking points&#8230;.but as usual none has uttered a word of protest or tried to correct that aspiring Robot Commander in Chief.</p>
<p>Meanwhile, the real Commander in Chief today is releasing the term deals on the AG settlement.  There will be all this crowing and tough talk and you might actually think it means something.  But no one will talk about the real, ugly truth&#8230;.the fact that the settlement involves no meaningful punishment for the banks and that the &#8220;penalties&#8221; for the banks will be extracted from the investments of ordinary Americans.</p>
<p>So what is <strong>foreclosure mediation</strong> in a post-Apocalyptic world?  Well, it recognizes that the situation that exists here on the ground is far worse than anyone has the ability to comprehend at this point in time.  I sat in court yesterday watching one foreclosure &#8220;trial&#8221; after another&#8230;they weren&#8217;t trials at all&#8230;.just dog and pony shows&#8230;but no one has yet grasped just how bad housing really is or made the connection to what&#8217;s gonna happen when this all is disclosed.</p>
<p>Our focus today and for the months and years forward is how to keep homeowners in homes&#8230;.at all costs&#8230;.making payments and caring for these structures.</p>
<p>We have all got to work together to force the banks to accept what is in their best interests&#8230;&#8230;.</p>
<p>&nbsp;</p>
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		<title>Forgive Them, They Know Not What They Are Doing- A Gutwrenching Story</title>
		<link>http://mattweidnerlaw.com/blog/2012/01/forgive-them-they-know-not-what-they-are-doing-a-gutwrenching-story/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=forgive-them-they-know-not-what-they-are-doing-a-gutwrenching-story</link>
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		<pubDate>Sun, 22 Jan 2012 20:42:58 +0000</pubDate>
		<dc:creator>Matthew D. Weidner, Esq.</dc:creator>
				<category><![CDATA[Foreclosure]]></category>
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		<category><![CDATA[They Know Not What They Are Doing- A Gutwrenching Story]]></category>
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		<guid isPermaLink="false">http://mattweidnerlaw.com/blog/?p=11539</guid>
		<description><![CDATA[Last week I made a pilgrimage of sorts. I traveled to Florida&#8217;s Capitol City, Tallahassee. The trip was long, inconvenient and expensive and quite frankly I did not exactly go willingly.  I had been summoned to the Capitol as part of my punishment for speaking out, but I do not want to dwell on that.  [...]]]></description>
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<p><a href="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/01/002.jpg"><img class="aligncenter size-thumbnail wp-image-11550" title="002" src="http://mattweidnerlaw.com/blog/wp-content/uploads/2012/01/002-150x150.jpg" alt="" width="150" height="150" /></a></p>
<p>Last week I made a pilgrimage of sorts. I traveled to Florida&#8217;s Capitol City, Tallahassee. The trip was long, inconvenient and expensive and quite frankly I did not exactly go willingly.  I had been summoned to the Capitol as part of my punishment for speaking out, but I do not want to dwell on that.  I decided that I would take in all the experience had to offer and truly use the experience to gain and deliver understanding.</p>
<p>My core message is that our nation and our state are in grave peril because we are no longer a nation of laws.  The legislative and executive branches are entirely captured by the corruption of corporations and the judicial branch has withered into a twig. This disturbing reality is most clearly demonstrated in the State of Florida where the corporations that own our government have whittled down the budget of our (their) entire judicial system to less than 1% of the state government budget.  Fundamentally, I want judges, attorneys and all thinking people to wake up and begin speaking out against the tyranny that this disturbing situation presents.  This profession of The Law especially, must especially stand up and begin advocating for a restoration of the Rule of Law that we have all taken an Oath to uphold.</p>
<p>There is indeed a very real urgency because this nation is going to be rocked by revolution, of that I am sure.  Whether it is relatively bloodless or chaotic and completely out of control depends entirely on when the existing power structures acknowledge that there is no turning back.  The thinking population despises our corporate-owned government and is increasingly agitated by the void that exists between serving The People and rendering unto Wall Street all that it has purchased.  The corporate/government contract will be broken and change will come…..like it or not.</p>
<p>It is into this void that I suggest that The Law and The Courts and Attorneys should boldly step. I see this opportunity most clearly at the intersection of foreclosure and courts.  The issues are so clear and defined in my mind’s eye.  Our judges and our courts and our law could simply wake up one day and say, “I choose justice and the Rule of Law over corporate tyranny and corruption.”  And at that moment, attorneys and our courts and the profession of law start heading back on a path of respect and admiration by all of those we have all taken an oath to serve.  But this step takes awareness and foresight and the ability to appreciate the darkness of the world that we are all tumbling into.</p>
<p>I hoped that I would travel to Tallahassee, become fully engaged in the experience and that I might in fact win a few hearts and minds while I was there.  Having now returned, I have no illusions that I made any impact at all upon those within the power structures.  Quite simply, there exists in this nation a cold darkness that refuses to feel the warmth of suffering and real human struggle.  The power structures of our nation now see the world not in terms of a human condition, but as statistics and policy statements….lines on an excel spreadsheet.</p>
<p>My attempt to have an impact, either on myself or others was very real.  I arrived a day early and made plans to speak to a class of college students. I struggled to deliver a message that would be relevant, but more importantly, might provide an awakening into a much greater awareness of the world gone wrong that they are entering into.  In preparation for my pilgrimage, I have been spending quite a bit of time studying Martin Luther King, Jr. and especially his Letters from a Birmingham Jail.  The economic and societal struggles faced by so many in this country today are very similar to the struggles that are so clearly defined by King in his speeches and writing.  Did you catch how easily I was able to blend his words from years ago into today’s struggle in my, “My Fellow Attorneys Post”?</p>
<p>The classroom did come alive when I connected King’s unfinished business to the economic black hole they know they are walking into.  This was no false or contrived connection when I sat at eye level in a classroom full of people of color and people of all color and expressed that we are all equally victims and being preyed upon in this new and disturbing civility rights era.  I will not insult people who have faced and continue to face the real stings of inequality and injustice by saying that I totally understand, but if there is one bit of perverse good that comes from this disturbing era in our world history, it is that we are truly are living now in a color blind nation….the injustice, inequality, intolerance and persecution that is being visited upon this nation does not see color, indeed we are all truly each other’s brothers and sisters.  Brothers and sisters in arms in an economic, social and political war of exponential dimensions.  In prior tensions, we indeed waged bi dimensional wars in black and white. You see this simple dual dimensionalism expressed neatly in the grainy images of German Shepards and the fire houses and signs that loudly proclaim, “WHITES ONLY!”  The fight was indeed black and white, us v. them, good v. evil.</p>
<p>But just as today’s military speaks no longer of bilateral conflict, of bad guy v. good guy, the war raging here at home in the United States of America is likewise an asymmetrical conflict.  Enemies and allies morph and transfigure right before our eyes. The groundbreaking cinematography of The Matrix comes to mind…the battlefield is a six-dimensional octagon cage.  There is no real truth or information that we on the battlefield can rely upon, transfiguring as it does at every click of the metronome.</p>
<p>As I said, I hoped desperately to come away with some ephinay or burst of inspiration from my travel to Tallahassee.  After sitting in supplication for seven full hours, I was afraid that the meaning and moment would not come.  But then one question was presented to the persecutors…that stopped them cold and ended the day.  My fellow prisoner asked, “I notice that everyone here is a small fry, a little guy.  Why is it that no one here comes from one of the big institutions?”  To which the persecutors responded, “Well, that’s because we let them handle such matters on their own.”  To which I piped up, “Kinda like the Mafia handles discipline within their own organization.”   I could have continued, I wanted to continue, but I recognized the peril I placed myself in and bit my tongue.</p>
<p>The conversation continued and I clinched down harder on my tongue.  As the blood began trickling down my cheek, I realized that this exchange was just a small metaphor for the larger conflict that grips our entire nation.  If a hundred dollars goes missing from the Burger King cash register, the king won’t just turn his back, but when John Corzine “loses” millions a MF Global, his people smile, pat him on the back and ask him whose jet they should take down to the Hampton’s next weekend.</p>
<p>As I said, what is missing from the debate and discussion about the evil that is being visited upon our fellow man, manifested as it is through foreclosure, is the warmth and humanity of the experience.  And by warmth I don’t mean warm like a fuzzy blanket, I mean warm like the blood that courses through the veins of those who are suffering.  When I finally returned home, disappointed that I did not adequately convey any message and frustrated that I did not come away with any great revelation, I opened an email that just stopped me cold and hit me right in the gut.  I want each of you to read this message carefully and consider what this message says about the nation that we live in today….I will say no more, but I do ask that you read this message carefully and share with me your thoughts:</p>
<p><em>I have written you so many times before about my previous foreclosure and eviction, that probably you remember me or not.</em></p>
<p><em> Anyway, today was another Horror day added to my collection of court experiences that you certainly should be aware of.</em></p>
<p><em> My husband and I have been fighting since October 2007 to pay our house in full with a Reverse Mortgage that we qualifed for. We went from mitigation, hearings, foreclosure, appeal, eviction, and to our latest attempt of filing a quiet title complaint Prose, not by choice.  Eventually, we deffinetely ran out of money thanks to Banks fraud who put us in the street throwing out all of our art tools and materials (which was our only means of living for the last 20 years, forcing us to file Bankruptcy and the loss of our car as well).</em></p>
<p><em> Today, we had our Quiet Title Hearing.  Let me make clear, that the fact we are Prose does not mean that we don&#8217;t read, understand or dedicate long night hours reading and studying all aspects of Federal and State Laws. We consider ourselves well prepared and do not get intimidated by any Court or Judge.</em></p>
<p><em> The central issues in our case were strictly Quiet Title, but the people now living in our house without a clear title, claimed that we were foreclosed, the case was a collateral stoppel/ adjudicata, and we could not bring the same issues and parties to the Court again.</em></p>
<p><em> The Judge practically insinuated that we are deadbeats trying to get a free house and in a very repugnant way he just didn‘t want to listen to us. The Judge simply denied all our petitions. He was completely absorbed in the Foreclosure Case, no matter how we tried to convince him with the chain of title issues, the lack of assignments, the fact that the bidders sold the house with a special warranty deed, that our original mortgage was still open not being satisfied or cancelled, etc. etc. etc. Unfortunately, our case was <strong>dismissed with prejudice</strong>. We just could not believe what was going in that court room. Why? What&#8217;s wrong with the system? What laws protect us senior citizens? Who cares. . . . . . . .</em></p>
<p><em> Another insteresting aspect of this matter is that our hearing was scheduled on January the 18.  Found a Court Reporter who would accept to give service , since no one wanted to give us the service for being Pro Se. We paid $95.00 that day by sacrificing our rent in a motel room we are living now by risking the probability of being evicted again. The Judge did not appeared for the hearing because he was sick, so we lost the money, therefore losing the opportunity to bring a Court Reporter again to the Court today. Upon arrival to the Court we found there was a court reporter who was hired by the Defendants (the people living in our house now), who, by the way, purchased the house with $0.00 down payment for $179.000, the Bank giving them extra $6,000 for a total of $185,000 with 3.5 interest. Isn&#8217;t that strange? The house was previously sold in Court auction for $79,000 to well known investors.</em></p>
<p><em> Going back to the Judge&#8217;s absence again, he didn&#8217;t care if we lost $95.00, which for us is like $950.00. His concern was that we did not paid to the Bank. He just simply did not want to listen to us, however, he gave ample time to the Banks and the attorneys of the now owners to talk and talk and talk, on how we defaulted in our loan, lost our foreclosure case and so many motions. I think I can write a book people will not believe it when they read it.</em></p>
<p><em> The attorneys for the Banks were not present they appeared by telephone. Two attorneys for the defendants were present. When we entered the hearing room, the deputy and the Defendant’s attorneys were making jokes, laughing loud, making fun of how they hate to work and so on, without any consideration of that behavior in front of us. To me, that was not the proper way to act in a Court room as if a party was taking place or a happy hour.</em></p>
<p><em> Not only were we humillated by this gross and unpolite Judge, but his Deputy was insulting and gross as well. At the of the hearing, my husband, a veteran during Vietnam, needed to immediately take some medications for heart problems. At the same time had difficulties getting up from the chair. I took the opportunity to ask the Court Reporter, who was just leaving the room, if in the future we could get a transcript, but she could not give me an answer until she checked with her office. Immediately after she left and I was putting all my files in a tote bag, the Deputy in a rude tone and sort of mocking, said &#8221; See, you have a problem with understanding, you simply don&#8217;t understand things&#8221;. My husband asked him what do you mean by that? He kept looking at us and kept saying &#8220;You people have problems understanding and should immediately leave this room, you are not legally allowed to be here anymore&#8221;.</em></p>
<p><em> My husband could not finish his water, nor take his heart condition pills.  I kept nervously dropping all papers in the floor. This deputy just kicked us out of that hearing room because we were no longer legally authorized to be there.</em></p>
<p><em> Our impression is that the Deputy, thought that we were from some other country, due to the fact that we speak Spanish for being from Puerto Rico, and I, more than my husband, have some accent. He probably noticed that I had some difficulty understanding the Court Reporter, not because I have no capacity to understand people or English, (I am belingual)  The court reporter was simply confused in giving me the information I asked for, so she gave me her business card to discuss the matter next week over the phone. The Deputy sound like we have problems for being Hispanics and Seniors.</em></p>
<p><em> The Judge kept telling us the same as well, that we don’t understand and know nothing about law. In other words, being Hispanics, Seniors and Prose is discriminatory, at least in Florida Courts. This is just a shame</em></p>
<p><em> We still believe that somewhere, somehow we will find Justice in this Country and will continue fighting to prove that perseverance always wins. Our faith and actions will be an inspiration for others like us. I am willing to keep helping people when needed, after I finish this battle which is not over yet. Our next step now is going to appeal soon or whatever necessary action.</em></p>
<p><em> You have no idea how terrible it is to live in poverty like we are now, caused by a Bank who stole our life, hope, and properties. We are professionals accustomed to live in a house with a car we have always been able to afford with our hard work for 45 years, paying our bills and taxes on time Suddenly, we are being deprived in America of our property, happiness, and health. I can tell you, that at age 67 is a tragedy. Sometimes I have the feeling of depriving myself of my life. How can I start my life at 67 as if I were 28? The life that took us 45 years to construct is destroyed, vanished. I keep fighting to be others inspiration otherwise I see no reason to be living in this inferno. (Sorry, I’m kind of depressed and very very confused.)</em></p>
<p><em> My husband and I have no closed friends or relatives in Florida. We came here almost 12 years ago from Puerto Rico to invest our money from our previous successful business, but since the September 911 terrorist attacks, we have been suffering losses until present in which we are experiencing extreme poverty.  The terrorist attacked turned into our life.  I am so ashame that I disconnected from everyone.</em></p>
<p><em> Our faith in God gives us the strength and hope.  Apparently God is the only one who has plenty of room for us in heaven without throwing us out laughing and arrogant because we are seniors, Hispanics, Pro se and I should add, Veteran during Vietnam. My husband voluntarily joined the army to go to Vietnam and fight for this Country. The day he was being sent to Vietnam, the war ended, I still consider him a brave man, even though his country ignores him now.</em></p>
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