I am sickened and disgusted beyond words at what continues to occur in this country with the abuse we continue to take at the hands of the banks. The desecration of our court system through the systemic prosecution and continuation of lawsuits where are infected with fraud, forgery and improper filings or, as Florida’s Fourth District Court of Appeals asserted in Pino:
” Many, many mortgage foreclosures appear tainted with suspect documents,”
And while that is all bad enough, another aspect I find incredibly disturbing is the practice that has developed all across this country where banks have decided they can break into homes anytime they damn well please. It’s a dangerous violation of our nation’s most sacred principles:
“The Right To Be Safe And Secure in One’s Home, Papers And Possessions From Unwarranted Searches And Seizures”
Yes, I’m certain I read that somewhere. Oh yes, that tattered shred of old worthless paper formerly known as the Constitution. The banks have laid down their own law and I’ve gone deep into the gladiator pit many, many times facing down teams of attorneys to argue this point. The law articulated by the banks is as follows:
We, the banks,of the United States, in order to form a more perfectly abusive business climate in which to operate, eliminate any sense of justice, insure domestic instability, eliminate defenses for the commoners, promote our own general welfare, destroy any faint notions of the Blessings of Liberty and remove all freedoms and rights from this nation’s formerly free Posterity, do ordain and establish this Constitution for the United Corporate Oligarchy of America.
Section I
We The Banks, Can Kick Down Any Door And Make Any Threat We Choose To Without Any Fear or Consequence.
This folks is in fact the law of the land as it exists today. It is in fact the law because the banks are doing this all across this country, every single day, sending teams of untrained and unaware foot soldiers out into a war. Most of these foot soldiers do not appreciate the fact that they are actively participating in the destruction of their own nation. They’re just doing a job, like good soldiers do. But they do know that they are doing a dangerous job. They know they are vulnerable, as they are confronted everyday by homeowners, neighbors and concerned citizens. And on some level, they know that breaking into homes without lawful orders of court and without the protection of law enforcement is fundamentally un-American and yet their leaders continue to send them into danger.
All of this danger could be eliminated tomorrow with one simple change:
Respect Basic Property Rights. Only Enter Homes With Permission, With Court Order Or With Law Enforcement
I have been pleading for years now that this change would occur, and if the banks won’t change voluntarily then our courts must demand this change. Doing otherwise puts lives at risk. And still, the dangerous conditions march onward.
The following was filed in court:
Motion for Contempt
Mr Weidner the answer at this time is yes they are above the law. And the answer to Mr. Stoper’s question is fraud on the courts rampant is yes. I attended Lisa Epsteins kick off the other day. I hope to help her win election. You also fight tirelessly. It like the guy in the TV reality show “Dual Survival” said about being lost in the jungle “if you give up hope, you die”, “if you give up fighting, you die”. Lisa touched me with her speech which was virtually a repeat of these statements. I figure she gets elected, that’s one very good thing. I figure you keep fighting and not getting LEGAL ASSAUlT SYNDROME that is another very good thing. The crimes are very apparent. The awareness and outrage by the masses is not, at this time. Again Lisa said that we can not know and tell them we did nothing about it. Thank you for what you do. Be well.
I AM POSTING THIS IN RESPONSE TO TWO OF YOUR BLOG POSTS TODAY. I have been immersed in interdisciplinary research to ascertain the reason why this nation is manifesting a level of apparent blindness to its peril. It could be explained, and I believe that it is best explained, in the context of my recent, published analysis:
SUBJECT: Victims of Financial Crimes Become Numb, Disconnected, Disempowered, Angry, Etc. (and how the court system has been used to inflict secondary injury)
Dear Clients, Colleagues, Friends, and Concerned Persons,
As some of you know, I have been intensely involved in constant, daily research to gain an understanding of the National Foreclosure Crisis, its impact on the world and national economy, states, communities, families, individuals–including children. Because my children are both grown men with careers, homes and growing families of their own, I have seen the crisis through the lens of my position as a grandmother and an attorney for homeowners, as well as being a displaced homeowner myself. Thanks to a client of mine for reminding me of the fact that I have failed to address one additional and essential group in my analysis of the crisis: the children, who suffer from the displacement of the communities, their parents’ distress and the destabilization of their lives.
I have concluded that the reasons many courts have been so slow to understand the basic legal issues in the crisis is because the cases arise in civil courts, state trial courts and bankruptcy courts, and not, where many of the cases belong, in criminal courts under charges of interstate wire and mail fraud, forgery, theft, false claims in bankruptcy court, violations of organized crime statutes, state and federal and so on. When a case arises under civil law, the lawyers and court personnel have a clear boundary in how to address the issues raised. That boundary is between civil and criminal law. Lawyers for homeowners (and other financial crime victims) are defending their clients in civil courts and are ethically restricted from accusing the other party with a crime “to gain advantage” in a civil matter. This bright line ethical boundary results in the lawyer for the homeowners having to suppress any intellectual connection between the facts that a crime is being committed on their clients by the very proceedings in which they are being represented. In other words, civil causes of action are raised as defenses to what the normal and reasonable lay person would know to be a crime.
The failure of law enforcement to take any action against the perpetrators of the crimes partially enumerated above has been most obviously exposed by the 49 State Attorneys General Settlement, but that settlement covers only civil penalties which could have been levied on 5 criminal enterprises (Wells Fargo Bank, Citibank, Ally (formerly GMAC) and JP Morgan Chase) and covers only the period ending February 8, 2012. The criminal behavior of those 5 entities was not released, but most importantly, the criminal behavior displayed is a business plan being used by Fannie Mae, Freddie Mac, Ginnie Mae, US Bank, Deutsche Bank, the FDIC as receiver of failed banks, PNC, Goldman Sachs as successor to failed banks, HSBC, Bank of New York Mellon, and virtually every bank, hedge fund and shadow banking enterprises (nesting dolls of LLCs) which participated in the securitization scheme through their robo-stamping agents, document mills and attorneys. (Meaningfully from the settlement, the investigation by the US Trustee into false claims brought in bankruptcy courts were abruptly terminated for all conduct of the 5 prior to February 9, 2012 AND release the banks from state claims for civil penalties for a little thing called “taking homes with standing,” or to be clear–stealing homes.)
Homeowners make very difficult clients. They know something is seriously wrong, but they react like crime victims because they are. When they raise legitimate issues in civil courts, they suffer secondary victimization for being crime victims without any recognition by the civil courts that they are being used to inflict secondary injuries. Are we really supposed to believe that an entity claiming to be a “lender” can take a home without proving a debt is owed to it because the homeowner is in default to some entity somewhere which may eventually be able to produce the necessary proof that it is owed money secured by that specific home? Homeowners are suffering from ongoing traumatic stress. When the criminal takes the home through the courts which are believed to represent the best of our human strivings for justice, the homeowners will then, quite often, suffer from post-traumatic stress disorder, to the detriment of themselves, their children, their families, their employment, their communities, their states and the nation.
Please review the best information I have been able to locate to describe the phenomena of criminal victimization on this link:
https://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32371
The nation has been traumatized since 9/11 in a way that makes the citizens perpetually frightened and numb. The engineered collapse of the financial system in 2008 has also traumatized the citizens of this nation, leading to a defensive posture of blaming the victims and clinging to the illusion that if we comply with ever-increasing restrictions on our personal freedoms and economic opportunities, we might be able to be “safe.” The courts are suffering from this illusion which causes cognitive dissonance on the bench, as we can see from the high number of absurd justifications for ignoring fundamentals of contract law, equity and constitutional due process rights.
We need to accept that there is a crime spree operating in our court system. We need to acknowledge that we are victims of crimes. From that perspective, we can help ourselves, our clients, our communities and the courts understand that this is not a one-sided breach of contract by the homeowner (often arranged by the servicer, ubiquitously produced by an engineered economic downtown and always predictable when human life happens–injury, illness, divorce, job loss . . . ) This is a business model being implemented to take the homes of our nation as collateral for debts that have already been paid by homeowners, investors, insurance companies, bail out funds and ultimately are being charged to taxpayers.) Due to the final phase of the crime on the nation, the tax write off for losses never incurred by the faux “bank” issuers of debt forgiveness 1099s, their theft is rewarded with a tax break. If the tax exemption for debt forgiveness on the primary residence expires, as it is currently set to do, on December 31, 2012, the homeowners will also owe tax on the deficiency judgments falsely claimed against them by entities to whom the debt was not owed. The marginal tax rate of such false debt forgiveness can be 28% of the false debt claim, with penalties and interest ad infinitum.
If I were just a tax lawyer, I would put every homeowner in foreclosure into an immediate Chapter 7 just to avoid the apparent inevitability of the debt forgiveness 1099 to be issued in 2013. But I am a financial reorganization lawyer and know what is behind the foreclosures as well–the fact that the foreclosing plaintiffs claiming rights under the securitization scheme usually do not have the right to receive the payments which they are purporting to “forgive.”
Let us all become conscious of our role as direct and indirect crime victims and recover from our individual cognitive dissonances in confronting that reality. To my mind, knowing and accepting the truth of our national victimization is the first step toward healing.
In the service of the concept of justice,
Wendy Alison Nora
© 2012. CCJ Productions.