As all of you are aware, I am desperately concerned about the growing phenomena of banks kicking down people’s doors, invading their property and in some cases, taking their property.
I have clients all across the state and field calls from all across the country where banks have broken in and changed the locks or taken property….the most dramatic examples are when the confrontations that occur when the homeowner is in the home or when their personal property is taken, but it’s equally important to understand that we must never allow basic property rights to be abused.
The right to be safe and secure from unwarranted intrusion into one’s home is a cornerstone of our country, enshrined in the 4th Amendment to the United States Constitution…
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
The Constitutional perspectives are invoked whenever government participation in the search or seizure is involved, but in considering this, we must take into consideration the growing federalization of our private property ownership system. Fannie and Freddie Mac are effectively the real parties in interest in the vast majority of foreclosure cases…(the plaintiff or servicer name identified in the lawsuit is really just a fiction)….but most troubling is the alliances that are being formed between local code enforcement and the property preservers hired by the banks.
In cases where the banks have broken into my client’s home and sheriffs or law enforcement is called, the victim of the break in is treated like a criminal and more often than not, law enforcement refuses to even take a field report, much less document that a crime has been committed.
There exists a dangerous and creeping rationalization in this country that any government or bank action is permissable whenever a borrower is in default. This is in contrast to hundreds of years of Constitutional law in this country that gave the highest protection to our right to be secure in our homes. We must not allow this steady march to continue. Remember this:
First they came for the communists,
and I didn’t speak out because I wasn’t a communist.
Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.
Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.
Then they came for me
and there was no one left to speak out for me.
Please read each of these statements carefully and consider the larger perspectives and where this is heading. I am particularly frightened by their “Boots on The Ground Campaign”…, I call this phenomena, “Jack Booted Thugs On The Ground Campaign”. Crimes are being committed as part of these lender sponsored break ins, but we cannot depend on law enforcement. In these times and for these issues the only hope Americans have are committed private attorneys who are willing to take on these titans and protect the rights of all Americans. Now read below and share with me your comments.
SAFEGUARD BOOTS ON THE GROUND CAMPAIGN
SAFEGUARD PROPERTIES CODE ENFORCEMENT
SURPRISE, MANDATORY NEIGHBORHOOD “INSPECTIONS” COMING TO YOUR TOWN!
In cases where occupancy checks are initiated by these banks to field service companies they Are simply that, occupancy checks. If the home is clearly vacant at what point can the bank have the locks changed and secure these properties to preserve the value of their asset? Further, aren’t their provisions in the bank note where the homeowner gives up certain owner rights afforded to them because they are in default? I would like to see some comments about the cases where during this default period before foreclosure, what rights does the bank actually have? Instead, isn’t stating a violation of constitutional rights in every case a little one sided? There are many violators I am sure, but certainly not every instance is a violation of constitutional rights is it?
Most mortgage contracts allow the lender to take such measures which are necessary to protect the property from being destroyed. But if a home is locked, secure, then the lender does not have rights to the property. The real issue are the alarming number of cases where people are living in the homes, and property is removed. I am litigating cases and this really is happening. Even a few examples are too many and the point of the post is to show how this is expanding and to emphasize that this must not be allowed to spin out of control…..thank you for the discussion.
People should arm themselves and shoot the intruders. There is no 4th Amendment and we have no life as long as these crooks continue. People need to begin sacrificing their lives to fight this heinous evil.
Matt shouldn’t omit the relevant info of recent Supreme Court and state Supreme Ct rulings against the 4th Amendment. There is a plan in place by the government to gradually remove all rights of Americans under the Constitution as the Pres takes dictatorial powers. Judges are also acting as mini dictators.
We now live in a Police state, the Republic is gone, The Constitution is gone, it’s past time for the People to get angry. Sorry that’s not going to happen “American Idol” is on TV…..
I still have the lock they used on my house. When I went into the court room and told the Judge to ask the bank to stop invading my privacy he said “You don’t pay your mortgage.” So I told him that it’s a safety issue and how I lived with my daughter there. The banks atty said “We don’t know anything about this.” Of course the banks atty didn’t know. Because the banks atty wasn’t there. It was good old Bob Hill who stands in for any missing attorney in the 20th Judicial. So when I showed them the lock, the response was “That’s not your lock.” NO~ But it was still my HOME! Talk about sketchy. They changed the lock on the very back door of my home where it was not easy to spot.
please call me or email details, weidner@mattweidnerlaw.com
my cell phone is 727 542 5571
It is time to start investigating the governments role in this invasion of privacy. The federal government and their banker friends do not have the right to steal our property. Time for criminal charges, forget defending the mortgage, they are breaking and entering. If anyone else did it, they would be arrested. Somebody is getting paid off, judges, attorneys, etc. Everyone is getting paid in this heist of America, except the property owners. The banks do NOT have any money invested in ANY of the loans. We need to claim the money for ourselves. Go to bureau of public debt, form 1455. Or how about just writing a new promissory note and paying the banks off. They get the money from OUR credit. Banks must prove accounting records of where the funds came from for the “loan” they claim they lent us. They can’t. It was OUR credit that funded the loan. Request a receipt for the deposit of your promissory note. They never gave it to us. It is a demand deposit that we can request.
What can we do about these judges that don’t hold up the constition. Can they be sued by the people? Can the government officials and politicians be sued by the people in the World Court.
I’m just sick wacthing our country be taken down
and buy whom and WHY !!!!