I am terribly concerned for the safety of the hired hands the banks are sending into harm’s way. In depositions and in contacts, some of these folks have expressed real fear for their own safety because they’re being sent to break into people’s homes without any proper legal authority.
We all need to be concerned about what’s happening across this country. Our courts and law enforcement should not stand idly by while the banks flex their muscles and continue with their mad march, kicking down doors, breaking into homes, under the guise of “securitization” and “inspection”…whatever you choose to call it, the bottom line is breaking into the homes of Americans, without proper court authority is a violation of one of this nation’s key rights….
The Right To Be Secure in One’s Home.
I’m certain I read that somewhere….oh yes, that antiquated old relic, that throwback to a bygone era…THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION
And for all you Constitutional scholars out there who will remind me that this protection refers to state action, I make the argument the banks have effectively become arms of the federal government….and especially when they come kicking down the door under the color of a foreclosure proceeding. It happens all the time….if police are called, the bank burglar asserts, “they’re in foreclosure”. If there’s a security gate, they tell the guard, “they’re in foreclosure!”
And for far too long, they’ve gotten away with this. But it’s time for all this to stop. It’s time for courts to reign in the banks, to uphold the law, to protect the most fundamental American property rights. Well finally one court has said something:
The Court:
I think that’s a pretty serious
threat and to say that you are going to have
somebody’s house winterized when it’s 80
degrees outside,
Unfortunately this is the third one I’ve
heard this week on those kind of notices. And I
don’t know which lenders or which servicers or who
actually is doing it. I haven’t had the hearings
on the other two, but from a general statement that
this is the kind of action and context that is
going on, I think it’s deplorable actually. And
hopefully this is an isolated incident.
order and temporary imjuction
282240 Proceedings.Court 030112