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Watch Graphic Video of Human Beings Being Murdered....Like Ants With A Magnifying Glass
Nope, this is not another one of my paranoid delusions, this one is very real…
1. Scott has created a massive list of Floridians to purge from the voting rolls before the election. Late last year, Governor Scott ordered his Secretary of State, Kurt Browning, to “to identify and remove non-U.S. citizens from the voter rolls.” But Browning did not have access to reliable citizenship data. The state attempted to identify non-U.S. citizens by comparing the voting file with data from the state motor vehicle administration, but the motor vehicle data does not contain updated citizenship information. The process, which created a list of 182,000 people, was considered so flawed by Browning that he refused to release the data to county election officials. Browning resigned in February and Scott has pressed forward with the purge, starting with about 2600 voters.
They’re really ratcheting things up down here..
Silly me, I was thinking laws and rules and things like fraud and forgery meant something. But then what in the world do I know anyway?
I mean, when you study history mankind has participated in gruesome wars of unspeakable violence. Entire nations have descended into dark and evil madness. And so what’s really so surprising about what’s happening in this nation today. After all, it’s not so much that the supremacy of the corporate state is unprecedented, it’s frankly more accurate to state that those haughty principles we read about a lifetime ago in those funny textbooks were just momentary delusions, a mere blink in the eye of mankind’s cruel and vicious existence.
Stare deeply into the eyes of a solider and ask him about his work. He merely executes the orders as provided.
But I digress. Or I regress or perhaps I just project. Whatever does that have to do with today?
And so back to the subject at hand, let’s read about how things are going down in the former nation called the United States of America. I wonder what will they call us when the switch flips? Will we be known as the Former United States of America? I rather think any reference to the past will be too difficult and that there will merely be something new, the past erased. Be careful what they offer you, they may not be taking you for that medical treatment they promised….it might just be far worse…..
But then again, I digress.
Today, we’ll focus on today and a case recently released from a federal court……
Defendants argue that the misrepresentations alleged in the Complaint are not material,
and therefore are insufficient to sustain a FDCPA claim. Doc. No. 32 at 15-19. Defendants
maintain that the method of applying signatures to otherwise substantially correct foreclosure
documentation is irrelevant to the debtor. Plaintiffs contend that the signatures are material
because, but for the signatures, the case would not be before a court. Defendants’ argument is
Plaintiffs fail to allege any facts in their Amended Complaint that demonstrate that the
signatures contained on the foreclosure documents were material. The Plaintiffs do not identify
a substantive error with respect to the debt or the timing of the foreclosure. They also fail to
allege that they relied on or were misled because someone other than the substitute trustee
affixed his or her signature to an otherwise correct document evidencing their indebtedness.
Plaintiffs’ Amended Complaint alleges that the Defendants falsely executed signatures
of a trustee in order to maintain a foreclosure action in state court. See, e.g., Am. Compl.¶¶ 124,
129, 135. These allegations also fail to surpass the materiality threshold. Plaintiffs admit that
they “fell behind on their mortgage payments” and that their house was subject to foreclosure.
Id. ¶ 116. Moreover, as discussed above, only the Lembachs’ claims are the only ones properly
before this Court because Stewart’s claims are barred by the doctrines of issue and claim
preclusion, and Plaintiffs informed the Court of Nachbar’s death, but have not filed a substitution
of party. No foreclosure action is pending against the Lembachs.
Plaintiffs maintain that the “robo-signings” performed by Defendants were unfair and
deceptive. While the Court agrees that the Defendants’ foreclosure practices were shortcuts that
do not comply with the signature and acknowledgement requirements of the Maryland rules, the
facts alleged by Plaintiffs do not rise to the level of materiality on which a FDCPA claim can be
maintained. Although the trustee signatures are alleged not to be those of the Defendants, they
are not actionable because they were not material. See Warren, 2012 WL 76053, at *7. The
Orders to Docket were correct in every way except that the signatures were affixed with the
authority of the purported signer, but not in fact signed by the person whose name was affixed.
See Harvey v. Great Seneca Fin. Corp., 453 F.3d 324, 332 (6th Cir. 2006) (rejecting plaintiff’s
argument that defendant’s conduct violated Section 1692e because plaintiff “never denied in her
complaint that she owed [defendant] a debt, nor did she claim that [defendants] misstated or
misrepresented the amount that she owed”); Johnson, 2011 WL 4550142, at *10 (“To the extent
Plaintiffs’ allegations imply the filing of a lawsuit without substantiating documentation is false,
deceptive or misleading, Plaintiffs do not state a claim [because] insufficient evidence or
documentation claims based on the filing of a state court complaint do not constitute viable
claims under section 1692e.”) (quotation omitted).
Even assuming that the trustees’ signatures were not their own, the signatures concern
undisputedly accurate information concerning mortgage debts owed by Plaintiffs. The signatures
do not relate materially to the debt at issue, and Plaintiffs fail to assert how the allegedly
fraudulent signatures on indisputably accurate court filings would mislead the least sophisticated
consumer in any way.
Defendants also argue that the Plaintiffs fail to allege any specific conduct that violates
15 U.S.C. § 1692f. They maintain that “Plaintiffs have failed to allege what conduct is unfair or
unconscionable with respect to each of them and his or her particular loan status and they fail to
allege any misconduct under any sub-section of § 1692f beyond what Plaintiffs assert violate
other provisions of the FDCPA, specifically 15 U.S.C. § 1692e(5) and (10).” Doc. No. 32 at 20.
Plaintiffs do not counter Defendants’ arguments.
The “Unfair Practices” section of the FDCPA prohibits debt collectors from using “unfair
or unconscionable means to collect or attempt to collect any debt.” 15 U.S.C. § 1692f. “The
statute does not define unfair or unconscionable, but it does provide a non-exhaustive list of
conduct that violates the section.” Hauk v. LVNV Funding, LLC, 749 F. Supp. 2d 358, 366
(D. Md. 2010).
In Donohue, the Ninth Circuit, relying on Hahn and Miller held that “false but nonmaterial
representations are not likely to mislead the least sophisticated consumer and therefore
are not actionable under §§ 1692e or 1692f.” 592 F.3d at 1033 (emphasis added). To the extent
that the Fourth Circuit’s holding in Warren applies the materiality requirement of § 1692e to
§ 1692f, this Court finds that Plaintiffs fail to plead any material allegations as discussed above.
In the alternative, Plaintiffs’ § 1692f claim should be dismissed because Plaintiffs fail to allege
any misconduct separate and distinct from the §1692e claims.
In Foti v. NCO Fin. Sys., the Southern District of New York found that “§ 1692f may
provide a cause of action for conduct that is not specifically listed in that section or other
provision of FDCPA.” 424 F. Supp. 2d 643, 667 (S.D.N.Y. 2006). However, the court
concluded that because Plaintiffs’ complaint “[did] not identify any misconduct beyond that
which Plaintiffs assert violate other provisions of the FDCPA,” the Defendant’s motion to
dismiss the § 1692f claim should be granted. Id.; see Johnson, 2011 WL 4550142, at *11
(“Plaintiffs’ failure to allege other conduct that was unfair and unconscionable under section
1692f warrants dismissal of this claim.”). Although § 1692f serves as a means for a court “to
sanction improper conduct that the FDCPA fails to address specifically,” Foti, 424 F. Supp. 2d at
667 (quotation omitted), Plaintiffs’ § 1692f claim here fails to allege any conduct separate and
distinct from the alleged § 1692e violations. See Am. Compl. ¶ 158 (anchoring the § 1692f
claim with the §1692e(10) claim). All of Plaintiffs’ allegations are asserted for actions arising
under § 1692e. Plaintiffs fail to allege any separate facts that contend that Defendants engaged
in unfair or unconscionable practices under § 1692f. Therefore Defendants’ motion to dismiss
the § 1692f claim will be granted.
What a fantastic statement about our state’s legislature….they cannot even take up a single bill to address fraudclosure and they completely ignored the efforts of Senator Mike Fasano to adopt anti-corruption legislation, but we will all finally be free to dye chickens and rabbits and our dogs and cats
ANY DAMN COLOR WE CHOOSE!
HALLELUJAH, PASS THE PINK, PURPLE, YELLOW DYE!
Now, we’re all going to do a comprehensive analysis of all the legislation that has passed when session closes, but I can tell you that this piece is the big fat bloated tic that should get everyone’s attention….
AND IF THEY RESURRECT THIS FORECLOSURE BILL AT THE LAST MINUTE TOMORROW, PASSING A BILL IN THE WEE HOURS THAT IS AN ABOMINATION TO GOOD FLORIDIANS STATEWIDE, WE HAD ALL BETTER BE READY TO LET THEM FEEL IT IN THE CAMPAIGNS!
We’re coming up on four years since the financial crisis of 2008 nearly took this nation over the edge. But just as the jalopy called our nation’s financial system started to fly off into the abyss, the banker elites and their hand-picked handmaidens at all levels of government stepped in and bailed them all out. President Bush wrote the check, then President Obama cashed it. Parties no longer matter, I submit they merged into a White Collar Criminal Oligarchy with the election of Bush II and a deal cut over the botched Bush/Gore election of 2000.
So here we are years later and the details of the diabolical crime spree continue to leak out like discharge from an infected boil. A few piddling investigations, a few press conferences with get tough pronouncements but nothing, not a single thing, has been done to punish all of those who caused this hell that we continue to live in today.
Oh sure, for many people things seem okay. They’re not in foreclosure, they have a job. They are getting by. But even those who are getting by are drowning in very real ways that are just not recognized…yet.
Have you seen the streets of Greece? If you only watch the network news you sure haven’t, but everyone should be paying attention to the fact that the streets in Greece are literally on fire, with hundreds of thousands of people out protesting. The thing that we all need to understand is that the debt fundamentals that brought the Greeks into the street are even worse here in the United States of America. The percentage of government debt and personal debt for the good ole USA is actually higher than that of the Greeks.
We have not yet felt the crippling pain of massive cuts in social services and extraordinary hits to spending, but we will. We simply cannot avoid the math. Heap together the existing government debt, the personal debt, the student loans, divide that across the working population multiplied by reasonable estimates of growth and GDP and we’re rioting in the streets. And if this were not bad enough, heap on top of that sinking ship the trillions of dollars that we all shelled out to bail out the criminal elite that set up…and profited obscenely from this Rube Goldberg minefield of a world economy. They saddled us all with a debt burden that we simply cannot overcome. Hundreds of thousands of dollars in real debt per person that must be repaid….somehow….or else.
I see no leaders on the national scene, but there are a few leaders in this state. Senator Mike Fasano and Representative Darren Soto come to mind. But just watch how Senator Fasano continues to be punished by the Republican leadership for raising the kind of common sense objections that you and I have. And Darren Soto tries to push back, confronting the absurd orthodoxy of the Republican party that has been in power in this state for more than 18 years, but he is quickly drown out and pushed aside by a power machine that dispatches any dissent with ruthless effectiveness.
At some point in time, this will all come home to roost for all of us. The debt collectors for the bills we all carry will come literally bashing down our doors. Will the debt collectors be the Chinese, demanding payment of their bonds and sovereign debt? Will the debt collectors be the corporate oligarchs that are even now concentrating their extraordinary power? Or will it be the federal and state governments themselves, coordinating their strike teams even now with joint “protection” drills and homeland security exercises in tiny Florida towns?
And when this all starts to happen, thinking and feeling Americans will explode with fury and rage. They will rightly question why the crushing boot of austerity and oppression slams down on their necks while the “leaders” and the architects of this coming tyranny stare down at them with condescending glares, and absurd comments like, “if only they would have all gone out and gotten jobs.”
The sickening reality is we are all victims of an inevitable and crushing killer. Our future, and the future of our children is gone, buried under the weight of the debt and the oppression that comes with it. Our nation today exists as a failed political and social experiment. Our government hijacked as it has been by the corrupting influence of corporations that have no moral or ethical obligations to restrain them has failed in its only true function To Protect Us All From Enemies Foreign And Domestic.
And so democracy will indeed come full circle. We are seeing the final act in the tragedy called democracy play out in the streets of Greece. Like the final frames in an old 8 mm movie, the street scenes will play out first in Greece, then in Portugal and Italy, then across Europe and finally here in America.
And as tragedy plays out slowly, we all sit idly by like theater goers who know the tragic ending is coming and can feel the searing heat of the theater on fire, but who are paralyzed and do nothing to leave the building or prevent the end that we all know awaits us.
The only sign that will suggest we might avert part of this fate will be handcuffs and perp walks, jail for the bankers. But it’s unlikely that will ever come, so get ready for the searing heat of a fiery revolution.