Matt Weidner – Fighting With The American People

Posts Tagged ‘rally in tally’

The Fight for Homeowner’s Rights that we’re taking to the Florida State Capitol at 9:00 am tomorrow morning is not just about defending homeowner’s rights.  While that is key, it’s frankly much bigger than that. What we need judges, legislators and the public at large to understand is that the foreclosure crisis as it is now being played out in our country’s courts, presents a clear, present and grave threat to our most important branch of government….the judicial branch.

A Short Explanation of the Greatest Con in The History of Mankind And Why We’re Going to Tallahassee

This country and in fact the world economy was brought to its knees by the fraud and games played by the banksters. They conned the people when mortgages were originated, the institutions conned each other when the packaged and traded the pools of loans and they conned our retirement funds and the investment houses of our allies abroad when they packaged and sold these mulit-million dollar pools of consolidated fraud.

When the con was discovered, the federal government stepped in and payed off the investors because they were “too big to fail”….and the consters took more profits of the top of the bailouts.  When the feds provided money to rehabilitate the servicers and lenders (more than $75 billion to dates), they pocketed that money and are not using it to help the American people.  Now the lenders and servicers have moved the end product of their con into the courtrooms all across this state.  Rather than admit the problems they have and own up to the fraud and lies that have infected their entire industry-wide business practices, they are perpetuating the con artistry and creating still more fraud and deceit.

Document Mills filled with Robo Signers toil away 24 hours a day creating patently false or facially questionable documents based on instructions from the con artist lenders and the foreclosure mills they have retained.  The documents created in these mills almost never have any basis is known facts and are often patently incorrect.  When these documents are next formally or informally entered into court cases by attorneys, they become evidence.  The documents are not evidence that proves a right to foreclose….they’re the final piece of documentary evidence of an industry that went wildly out of control.  For too long, judges relied on this “evidence” as the basis to throw good homeowners out of their homes, but that is changing.  Defense attorneys have caught onto the patterns and practices of fraud and deceit and now judges are beginning to see this evidence not as evidence to support foreclosure, but Evidence of the Greatest Con In The History of Mankind.

We all need to support our judges….we all need to do our jobs better.  Preserve the evidence.  Hire court reporters for every single hearing. Examine all evidence carefully and make proper legal objections to that evidence.  Understand the rules that apply in court and the case law and statutes that govern our courts then make them apply in court cases.  Recently Judge Rondolino examined all the case law surrounding the introduction of affidavits in foreclosure cases and came to a conclusion I had months ago….the affidavits admitted in virtually every foreclosure case are completely inadmissible and cannot be used to grant foreclosure.  Read the transcript of this hearing here.  This issue first came to light when a third year law school student working with me, Michael Fuino, examined the process and questioned the basic assumptions we had all been operating under….the point is it took a third year law school student to catch an issue that we’ve all been incorrectly working under for years and which affects literally million of cases across this country.

The fast-food, Persian bazaar manner in which affidavits, assignments and other evidence are created and presented in our courts and the unfortunate way in which this “evidence” is accepted represents a fundamental breakdown in the ability of our courts to dispense justice.  Granting foreclosure is not a business process.  The Grant of Foreclosure is a judicial act and it deserves the same respect, dignity and thoughtfulness as any other judicial act.

Our courts are not assembly lines obliged to rapidly dispense Orders at the demand of Con Artists and their Lawyers.  Our courts are the last bastion of truth and hope and dignity in a crumbling world.  When a judge puts on that judicial robe he or she wields the awesome power of the Constitution of the United States and of the State he or she serves.  When the processes and evidence placed before our judges is so perverted that we lose sight of the awesome power we’ve instilled in our courts, then we’ve lost our way….and that cannot be allowed to continue.

Below is Greg Clark’s compelling video that explains how these processes are being used to perpetuate this fraud and below that are talking points that he will deliver in Tallahassee on Wednesday April 21 in the Capitol.  Together we will turn this around.  Justice demands it.

What’s wrong with MERS?

The issue I argue is that a ”Nominee” does not have the power or authority to assign. It is a very limited, really the lowest, form of agency.  They only have what is expressly granted them in the mortgage. The MERS mortgage does not grant MERS the authority to sell or transfer the mortgage loan nor the power to assign its duties as nominee. In fact the MERS mortgage itself fails as a conveyance for being indeterminate with its language being hopelessly vague and ambiguous and because splitting a mortgage away from its note, bifurcation, is not allowed at common law without rendering the mortgage a nullity. Furthermore, although it might be swallowed that MERS was agent enough to represent the original lender how can it possibly act as agent for subsequent note holders? an agency is not assignable. Further, how can there even be an agency created in the first instance between MERS and the original lender by virtue of the mortgage?: it was not signed
by either the principal or the agent, only the borrower.

In short, the MERS mortgage is legally problematic and to me fails as an effective, valid conveyance in the first instance. Please take the time to read the Kansas Supreme Court decision in the Landmark v. Kesler case. Google: Kansas Kesler MERS. Also read the appellate opinion which was affirmed on appeal to the Kansas Supreme Ct.   We (JEDTI) have this issue before the 5th DCA in the Taylor Appeal (George Gingo’s case). it is fully briefed and ready for oral argument which we hope is scheduled for early summer.  MERS was and remains instrumental in cloaking and making invisible the real note holder, the owner and real party in interest, the guy we really owe the debt to. In essence using the MERS as a strawman lien holder prevents any meaningful, reliable title search to determine who is the right party to payoff; MERS does not take payoff checks, yet it holds the mortgage.

I believe its use has rendered our public title registration system useless as a means of verifying and assuring clear title. If the note owner/holder is the true lienholder then the creation and use of MERS has created the invisible lienholder which is the antithesis to why we have a public record in the first place. It’s use has also deprived our local county governments of recording revenue as the note holders/owners simply transfer/assign “electronically” to each other within this privately controlled matrix.

Imagine, if the law wants to abide the concept of MERS and give it a legal pass then why can’t I formed my own company and called it “DERS” Deed Electronic Registration System”, what’s good for title to mortgages should be good for title to the real estate itself: DERS would hold legal title to a deed to real estate as “nominee” and all subsequent transfers could be done electronically from sellers to buyers with out the need to record, all done privately, all out of site and control of the people, the government. Imagine the revenue the county and state would miss out on. Of course you would have to be a fee paying member to join my private, closely held company. Like starting my own little country with its own private tax collecting system, controlling economic information.

America’s economic vibrancy has always been based on its freedom of title information, neutrally kept in an egalitarian public record, and the rule of law, which cedes no monopolistic power, cloaked and hidden, over our property rights. Trusting our public record, giving it over to select, privately motivated, and unelected entities, does not promote a fair and level playing field for all investors nor a safe place to write title insurance to protect those investors. It seems pretty undemocratic at best.

And at worst seems to fit glove in hand with an unregulated Wall street as one of the reasons for, or indeed the very catalyst itself that enabled our economic meltdown.

So many groups have lined up to support a very simple message….fight for the rights of homeowners.  This one just hit my inbox tonight….don’t know who the group is, but I like their talking points…..they’re certainly welcome to join us all in Tallahassee.

This is a “come as you are” old fashioned grass roots political event.  The only requirement is that you come prepared to speak your mind to your elected leaders. (Please do so with respect and dignity.) Mark Stopa has sponsored a bus out of Tampa that will be leaving at 3:00 am Wednesday Morning. (see press release here)

Team Ice and Foreclosure Hamlet have the east coast all locked and loaded.  For information on their bus, contact them at ForeclosureFraud@gmail.com.

I just thought I’d share the following talking points with you……they’re great.

MORTGAGE JUSTICE GROUP

46, N. Washington Blvd. , Sarasota, Florida 34236

mortgagejustice1@yahoo.com

1. The Florida Bankers Association is attempting to use the power of the Florida State Legislature as an instrument to commit fraud upon its citizens and House Bill 1523 is inappropriately named The Homeowner Relief and Housing Recovery Act.
2. This Bill and its sister Bill in the Senate SB 2270 will not relieve any Homeowners and neither will it aid any Housing Recovery.  On the contrary these Bills, if enacted, will add to the personal burdens of this States’ citizens, deepen the recession, add to the destabilization of communities, the breakup of families, an increase in blue collar crime and hundreds of millions of Dollars in lost Court revenue to the State.
3. HB 1523 adds to the deception in its introduction by adding to the ‘deadbeat borrowers myths’ [whereas it was deliberately planned and executed by Wall Street Investment Banks, Main Street Banks, mortgage lenders and their cohorts], falsely suggests that the cure is to expedite foreclosures to bottom out the market and that somehow this unsupportable economic theory will revitalize the economy, allow citizens to pay their taxes and Housing Associations to maintain communities.
4. If enacted, the passage of these Bills would shift the burden of proof to foreclose from the foreclosing parties to the homeowner, thus denying those homeowners their existing rights of due process and simultaneously, circumvent the recently imposed Supreme Court of Florida’s requirement placed upon foreclosing parties to substantiate under penalty of perjury that they have the legal authority to foreclose on real property given as security in a Mortgage to the true Owner of a Promissory Note and to engage in mandatory mediation.  These requirements are the real reason for these proposed laws, because they can no longer hide their crimes from our Courts.
5. Because all members of the legislature are unaware of the fraudulent intent behind the Florida Bankers lobbyists who proposed this draft legislation we have concentrated most of our detailed efforts upon exposing the frauds rather than pointing out the serious deficiencies of the Bills as we know that other groups and individuals are adequately bringing such reviews to the attention of the legislature.
6. However, of paramount importance is the fact that lines 216 to 225 of the original draft clearly backdates the effect of these proposed laws to time immemorial.  By the clever use of the words “agreed in substance in the security instrument” the drafters are seeking to remove the requirement contained in Florida Mortgages in clause 22 that all foreclosures must be conducted through the Judicial system by obliquely [but not specifically] referring to clause 16 in which the signor has acknowledged that the whole document is subject to Federal and State Law.  The intent of the signing parties of all such Mortgages was that clause 22 of that unilateral contract would apply for the life of that instrument and that imprecise words such as “agreed in substance” would not be used in future laws to imply that they had agreed to a major change in the terms of those Mortgages and if enacted it will negatively impact basic human, property and contractual rights guaranteed under the Federal and State constitutions.
7. Mortgage Justice wishes to reveal that the truth behind the mortgage meltdown is:-

(a)                The Housing Bubble was deliberately planned and implemented by Wall Street entities and the Main Street Banks.

(b)               Mortgage and other loans were deliberately set up to fail.

(c)                The lenders shown on Promissory Notes and Mortgages were not the Lenders, but were misappropriating the use of their licenses to transact mortgage business in the various states and were funded by Wall Street Brokers from the proceeds of the sale of Derivatives in wrongly described AAA rated Mortgage Backed Securities, for which they were paid excessive ‘yield spread premiums’ as a commission.

(d)               Notes and Mortgages were not sold in the secondary market, neither were they transferred into securitized mortgage pools. It was impossible for pretend lenders to sell what they did not own.

(e)                Contrived sales in the secondary market were documented in the Securities and Exchange Commission’s public records to entitle these pretend lenders to avoid paying federal taxes upon their profits by appearing to comply with IRC 860 and ‘selling’ loans into Real Estate Mortgage Investment Conduits (REMIC).  Documents filed in the SEC provide proof that all these mortgages failed to comply with IRC 860.

(f)                SEC documents establish that none of the mortgage loans that they say were put into REMIC Trusts, ever reached those Trusts and that the majority of the ‘so-called’ Trusts were not Trusts but a form of perpetual LLC with zero reporting requirements filed in the State of Delaware for the benefit of those major Banks and/or GSEs, as the true beneficiaries of all the frauds.  These ‘Trusts’ are named Delaware Statutory Trusts, they are neither Statutory, nor are they Trusts.

(g)               The true beneficiaries of the frauds also sold undisclosed and unregulated multiple default insurances and credit default swaps sold through the International Swaps and Derivatives Association on every new mortgage created to guarantee receipt of multiples of sums they had pretended to lend as and when the planned defaults occurred.

(h)               It is therefore a fact that in almost every mortgage foreclosure action the foreclosing entity is not the owner of the Note or the Mortgage, never lent any money, is an integral part of a criminally motivated group has already reaped criminal profits, will share in multiple proceeds from insurances, all the Notes have been deliberately eliminated as admitted to the Supreme Court of Florida by the Florida Bankers Association and all Notes are already paid in full.

1. Mortgage Justice understands that the above text contains major allegations of fraud levied against some of the biggest and most powerful institutions in the land and does not make these accusations lightly.  We are fully prepared upon request given adequate notice to furnish irrefutable documentary evidence supporting those accusations and if required to justify them with documentary evidence are willing so to do in order to demonstrate why this proposed legislation must be unanimously rejected by the Florida Legislature for the benefit of its present and future citizens.
2. We also request Public Hearings be scheduled prior to any passage of these proposals and we suggest inviting all interested parties, including representatives of finance and banking who are apparently promoting these Bills, consumers and their advocates.

10.  Finally, we refer you to informative videos that can be accessed via the Internet. In our opinion the most reliably informative and professional presentations of the truth behind the housing bubble are those involving the eminent Academic, Criminologist, Economist, Lawyer, Accountant, author of the book entitled ‘The Best Way to Rob a Bank is to Own One’ and a former lead regulator during the savings and loans crisis. Professor William [Bill] Black.  To authenticate what we have revealed, please watch Bill Moyers’ PBS interview of Bill.  WE BELIEVE this interview OFFERS AN EXCEPTIONAL OVERVIEW OF THE CAUSE OF THE ECONOMIC MELTDOWN AND FRAUD PERPETRATED BY THE BANKING INDUSTRY ON THE AMERICAN CITIZEN AND WE BELIEVE IT IS IMPERATIVE THAT YOU WATCH AND HEAR THIS VIDEO.

11.  Bill Black submitted himself to further questioning in a recent five-part interview on an Internet news channel, Real News.   Please watch and listen to these questions and answers also.  Political rhetoric, spin and sound bites are no answer to the serious crimes exposed in these interviews.  He speaks openly, with a sincere honesty and integrity, almost extinct in our country today.  His interview makes us starkly aware that the Banks are striking at the heart of our Republic and government, in all of its branches, but especially the judicial branch.  Now that Courts are more closely examining foreclosure cases filed against homeowners in Florida and other jurisdictions the truth is beginning to emerge. Courts in Florida and in many states are finding that the banks lack standing, are filing frivolous lawsuits and are unable to prevail when a homeowner enters a properly pled defense.  Mortgage justice strongly believes that the preservation of citizen rights to defend these actions is as vital to the Citizens of Florida as it is to the banks to destroy it.  Preserving those rights will establish the truth, disclose extensive violations of state and federal laws by the banking industry, put an end to the power of the banking industry in our state legislature and the resultant backlash of public opinion will reverberate throughout our nation and the world.   After nearly destroying the Global Economy, after lowering by twenty percent the net worth of our citizens, and after borrowing billions from them and reaping record profits without any legislative reform or inquiry they now attempt to make it even easier to take the homes of the citizens and deprive them of their legal rights.  We urge you to carefully consider, investigate and reject this proposed legislation on behalf of the homeowners and citizens of Florida.

Sincerely,

MORTGAGE JUSTICE,

for our members and the Citizens of the United States, April 12, 2010.

P.S. Internet links – Please copy and paste the following links into your browser:- www.pbs.org/moyers/journal/04032009/watch.html

Then listen to – To rob a country, own a bank Pt5 – put this into Google and follow the links to 5 part video of Black on Real News.

Also essential viewing and listening to the latest on MSNBC,

http://www.rumormillnews.com/cgi-bin/forum.cgi?read=170712

The gig is up, the word is out and the timing couldn’t be any better for our Homeowner’s Rights Rally in Tally, Wednesday April 21, 2010 beginning at 9:00 a.m on the “Old Capital” side of the Capital.  More information on exactly where the buses will leaving from will be published later, but the Team Ice buses out of West Palm will leave early, very early Wednesday morning/Tuesday night.  In terms of formal agenda while at The Capital, there is none and really cannot be..we just have to roll with the legislative calendar and understand the demands on our legislators time…..we get to speak with them and meet with them when they are able to fit us in.  There are many other important issues that they must resolve in addition to ours. (Like that budget hole based on falling real estate property values and declining sales receipts.

The morning news wires and papers are alive with news of more investigations….this time the Wall Street Journal announces the Feds are investigating Countrywide Home Loans. Last week it was Goldman Sachs.

The Homeowner’s Rights Bar Is Investigating A Formal Petition to Either the Florida Supreme Court or Federal Court to Block Pursuit of All Foreclosures

The Federal Investigations are going to keep rolling out and rolling out and rolling out.  Florida’s Circuit Courts are Courts hearing foreclosure cases are Courts of Equity.  That not be one more basis we use for a formal legal challenge to the continued pursuit of foreclosures….the widespread nature of federal criminal investigations certainly suggests that Courts in Florida cannot do equity while those seeking reward in courts are under such investigations.

Another basis for our growing legal challenge is the fundamental harm the current wave of foreclosures is doing to title to real property in Florida.  For more on Greg Clark and Daniel Rocks very detailed analysis on why foreclosures should not continue under these circumstances, see below:

Today the final details of our trip~our pilgrimage~will be worked out and published.  The buses are probably filled, but there will be plenty of room to carpool and you are of course encouraged to drive on your own.  Spend today making sure you know who your legislators are….then call them to let ‘em know you’ll see them at the Capitol (Near the Old Capitol), Wednesday April 21 beginning at 9:00 a.m.

Great work to everyone who has worked so hard to put this together “on the fly”.

So in case you’re living under a rock (can the banks foreclosure them to?) you’re probably aware that a large (and growing) group of attorneys, advocates and Passionate Pro Se Patriots are having a little pilgrimage on our State Capital this Wednesday.  This whole thing came together so quickly that details are being worked out on the fly.  This much is certain:

1. We have buses (Thank You Team Ice!) leaving the West Palm Beach area late Tuesday Evening.

(Exact time and locations to be determined. Those that can get on those buses, great. Otherwise join in the caravan.)

2. We have buses leaving West Florida (Thank you Mark Stopa and his Stay in My Home Firm)

3. These buses will be making stops in cities across Florida to meet with people and help drive our message. (Locations and times to be determined.)

4. We will make a difference and our voices will be heard by our legislators in Tallahassee!

So what was it that brought all this about?  What drove those involved to start this?  And why is it absolutely necessary for every Floridian to come be a part of this?

1.Shining a Light on Fat Cat Bankers

By now you should be aware that Fat Cat Bankers tried to slip through legislation that would have allowed them to detour around our courts (where judges are increasingly slamming the banks and their foreclosure mill lackeys for grossly abusive, fraudulent and potentially criminal conduct. The heat from Circuit Court, Appellate Court and Bankruptcy Judges is really coming down on them.I frankly think they know the bad decisions and conduct now being investigated is just the tip of the Team Iceberg….they know that as more judges catch on to the gross fraud being perpetrated their courtrooms, they’re going to shut them down entirely…..so we better push through a non-judicial option IMMEDIATELY.

Anyway the Fat Cat Bankers sitting in a back room chomping on Cigars, drinking martinis, conspiring to take Floridian’s homes was not something we could live with.  WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.

2. Giving Team Ice a Fair Hearing

I called Team Ice because, as I’ve said before, they are doing the best foreclosure defense work in the state.  Problem is their work is so good, the issues they highlight so earth-shattering that they’re having trouble getting full hearings of their issues in courtrooms across the state. I feel like some of the judges just want to plug their ears, close their eyes, shake their judicial heads and say, “No, No, No, This (real, admissible) evidence you’re bringing me, these depositions you introduce, these pleadings you file…they can’t be true”  Problem is it’s all true.  WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.

3. Supporting Our Judges Who Want to do The Right Thing

A big , fat, steaming mess of a legal crisis has been dumped in the chambers of judges across this state.  The legislature is not doing enough to support them.  Their staff and resources are stretched absurdly thin.  They simply cannot do their jobs properly given the lack of support from the Legislature and the intense pressure they’re facing to, as Pete Dunbar say, get foreclosures done, “quicker, faster, better”.  We all need to remember that judges must be neutral…we cannot have them (and I do not want them) becoming advocates for defendants.  I hate to say it but it’s true, the case law supports that they cannot advocate for one side or the other, no matter how glaring and apparent the systemic fraud that exists.  We want every foreclosure case properly defended and we want judges to have the support they need to do their jobs properly….they don’t have it now so WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.

4. Being a Voice of All Those Who Are Unrepresented

Foreclosure Fraud Fighter and owner of the Pro Se Patriot Site 4ClosureFraud.org shared with me her frustration at observing cases in courtrooms in West Palm Beach county and seeing first hand just how badly peoples rights were being trampled.  Now these unrepresented people had no advocate for them, and no one was raising their issues, but the pain she felt as each case proceeded through the Summary Judgment docket was real…I feel that pain to0 as I sit in courtrooms and watch homeowners lose.  I know the judges don’t want t do what they are duty bound to be doing….but they have no options under this current system so….WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.

5. Heading Off A Bigger Crisis Down The Road

This is not just about defending homeowners and individuals.  This is about protecting one of the Key Cornerstones of American Law, Economics and Public Policy.  The current mess created by the foreclosure crisis is causing FUNDAMENTAL INSTABILITY IN THE REAL PROPERTY OWNERSHIP SYSTEM……we’re not just content to sit back and watch this train wreck unfold in super slow motion time….WE PLANNED A RALLY TO DO SOMETHING ABOUT IT.

Understanding just how vulnerable this crisis makes our fundamental right to own property is a bit hard to wrap your heads around, so I’ve attached a video here from Foreclosure Fraud Fighthers and experts in title law Daniel Rock and Greg Clark (Both of whom will be in Tallahassee)..listen to a cold, calm, reasonable explanation of why we must transform this foreclosure mess NOW:

It’s official people…the little homegrown rally you started has caught the attention of the national press…click here for the just-released article that appears in the Huffington Post.

Forward the article to your friends, family and….local news media…now that the Nationals have picked it up, we are officially a For Real Live Movement! (Oh those Fat Cat Yankee Bankers…they’ve stirred up a good old fashioned Florida Cracker Hornet’s Nest!)

If you’re in foreclosure…join us at the Rally in Tally!

If you can’t get a modification….join us at the Rally in Tally!

If you’re sick of the Fat Cat Bankers stealing from the people….join us at the Rally in Tally!

If you’ve lost your job cause the Fat Cats gave it to someone abroad…join us at the Rally in Tally!

If you’re sick and tired of the lies and the fraud and the cons and the games…join us at the Rally in Tally!

If you’re good with the way things are….just stay home!