Repeat a Lie Often Enough And People Will Start To Believe The Lie is The Truth
This nation failed not because The People broke their social contract. The nation failed not because people lost jobs and stopped paying mortgages. This nation failed because government stopped governing for The People. This nation failed because government turned its back on The People and began serving their corporate masters above all else.
Far more fundamentally, this nation failed because our nation’s legal system failed. The third branch was supposed to be the stop, the check, the protection against evil gone wild. Against tyranny. Against aggression and lies and fraud and abuses. But judges all across this country forgot and in fact completely ignored their fundamental function. For years now we see, from the United States Supreme Court, right down to circuit and county courts, judges turning their back on The People and The Law, bowing down to serve a generalized corporate and economic purpose. Monsanto and FISPA. Secret courts and tortured decisions that fit only in legal reasoning straight out of Alice in Wonderland where up is down, and down is out the window. Surely Monsanto can claim ownership of my DNA, just as surely a bank can take back a property without presenting any evidence they have any right to enforce a promissory note. There mere whiff of a allegation is proof enough.
Indeed, this nation’s courts took a dramatic turn, some years ago, and decided that they are cogs in the wheel of commerce, and that their function is to protect commerce.
But this is not what was intended. Courts and The Law and Judges were to be above all else, Service to The Law. And Service to Man. And Service to a higher understanding of social, political and legal order.
I thought about all this when I read an article from my friend Roy Oppenheim, where he exclaims, (like a modern day Paul Revere) :
Banks fear courts’ ruling on negotiability of promissory notes
Sorry Roy….no they don’t. Banks need not fear such a ruling, because courts have decided they cannot make such a ruling.
What we all know is that the foreclosure process, as it is and as it has been played out in courts all across this state is a process infected not by The Law, but by service to the larger corporate interest. Indeed, courts all across this country (with the notable exception of Arthur Schack in New York) have turned their back on centuries of existing law, procedure and evidence. Turned their back on centuries of case law. They’ve done so, bent and twisted, turned their collective black robed backs, in order to reward the banks who got sloppy and out of control. They’ve decided that The Law does not matter, because the function of courts is to reward banks, no matter what. The Law is an illusion, a ghost, a fabrication of forgotten rules and process, all of that merely a delusion.
Mortgage promissory notes clearly are not negotiable instruments and every legal mind knows this, but lawyers cannot be lawyers and apply the law because to do so upsets the out of control banks that soiled and desecrated the temple that was our law. Very bright judges have struggled with the issue of negotiability and, deciding that they cared not to put the genie back in the bottle…and instead decided to let the evil genie continue to run free….ignoring the longer term and far more consequential impacts….(Like what happens when the investor pools dry up, the ponzi scheme is revealed and the Florida Retirement System is shown to be entirely devoid of assets…POOF! The ponzi scheme is revealed. That’s why ownership matters.)
Judge: “Mr. Weidner, the point your advocating is really going to mess up our foreclosure process.”
Then fast forward to 12:00…
Judge: “What you’re asking us to do is look at the entire system Fannie Mae set up and determine that they fouled up their process, their notes are not negotiable.”
Me: “I’m just asking for fidelity to The Law”
And Roy:Http iframes are not shown in https pages in many major browsers. Please read this post for details.