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Foreclosure Defense Florida

Do Our Nation's Courts and Corrupt Governments Have a Moral Responsibility to Confirm Foreclosure and Banking Crimes?


Do Our Nation’s Courts and Corrupt Governments Have a Moral Responsibility to Confirm Foreclosure and Banking Crimes?
In 2009, the Florida Supreme Court’s Task Force on Residential Foreclosures published its comprehensive report wherein it predicted that the wave of foreclosures sweeping across this state was like a hurricane.   I wonder if the authors of the report or those that sat on the Task Force recognized that the hurricane would become so powerful and remain stalled out over this state for this many years?
What is clear from the text of the report is Florida’s courts recognized that fraud, perjury and misstatements were becoming institutionalized into the foreclosure process.   In fact, the only substantive policy change that came from the Task Force Report, the requirement that Plaintiff’s verify foreclosure complaints, was aimed at addressing these abuses.   The other policy change, requiring mediation in foreclosure cases, has been successfully avoided and obliterated by the banks who are not in the business of negotiating disputes with the taxpayers that provided them billions of bailout dollars.
So back to the verification of foreclosure complaints.   The Florida Supreme Court imposes a rule which requires officers of the court to produce a document which someone with responsibility will swear to as being truthful and accurate.   According to the explicit text of the rule, the purpose of this requirement was to allow courts to sanction someone”¦anyone”¦when it is subsequently determined that the claims being made were not truthful.   The banks and their lawyers fought for years against complying with this absurd, onerous, and impossible to comply with new rule.   First they petitioned to the Florida Supreme Court directly, in a pleading captioned, ” We Cannot Possibly Be Required to Swear to The Truthfulness of The Matters Asserted”.   Then, when the Florida Supreme Court ignored their plea rather than issuing a statement that, ” You Shall Swear To The Matters Asserted or You Shall Not Sue Citizens”, the banks adopted a fallback strategy”¦.they just ignored the new rule completely.   After they got away with ignoring it for months (Oh, wow, gee, we didn’t know that rule applied to us), the clever banks adopted a new strategy”¦.just playing games with the rule, verifying certain facts and omitting others or just verifying anyway and taking the chance that if they were in fact lying no one would ever hold them accountable.
Here we are many years on since the rule became effective and it turns out the latter strategy was exactly the course of action to take.   Years after the fact and untold tens of thousands of complaints verified under penalties of perjury and I’m not aware of a single person who has ever been sanctioned for making false or untrue statements in a foreclosure complaint. And oh, it’s not at all like there are not whoppers of untrue statements that have been made in courtrooms all across this state”¦.but never ever have those untrue statements been prosecuted.
The bank’s courtrooms (they are not the people’s courtrooms anymore) are littered with cases where fundamental facts verified as true were not at all true.   Evidence of this is found in the ex parte substitutions of party plaintiff, the assignments of bid the quit claim deeds which transfer the mortgage or property at issue from the party who verified under penalties of perjury that it owned and held the debt to a substituted third party.   But has anyone ever been held accountable when there were genuine misstatements of fact at the inception of the lawsuit?   Of course not”¦never.
But what is the much larger and universal deceit that permeates the fraudclosure are the statements which appear consistently in foreclosure complaints that, ” Bank of America (Chase, Citi, Wells) Owns and Holds the Note and Mortgage”. What we all understand now”¦and it’s a revelation that’s becoming more and more clear with each passing day is that ” The Banks”, (the servicers) do not own anything.   The mortgage debt being foreclosed upon by The Banks, by and large, is owned by Fannie/Freddie and countless unknown and unidentified domestic and foreign trusts.   Digging one step deeper down the rabbit hole, Fannie and Freddie are not the ultimate owners of the debt”¦they’ve sold that off to other domestic and foreign interests”¦.those layers deep owners are the real landlords of this new Amerikan serfdom.   And while we’re at it, Fannie and Freddie are lying to Congress and the American people about the exact amount of money they are sandbagging from the American people. One figure reported is that the combined Fannie/Freddie liability is $200 billion against who knows what on the asset side of the equation.   One thing that I am certain of”¦.while a homeowner can routine obtain a waiver of deficiency in most every short sale transaction from a non Fannie/Freddie short sale, it is much more difficult to get from our friends, the government sponsored enterprises.   My speculation is that these waivers are not provided because if they were, Fannie/Freddie would be reporting much greater losses”¦but with their current method of operation, these billions of dollars in phantom debt”¦never collectable”¦are counted as assets.
OK, so back to the question”¦.Does the United States government have a moral responsibility to continue the perpetuation of the crimes and fraud that lie at the heart of this nation’s financial system. Of course they do.   You see, our government is owned by the banks that bought their offices and our government has a moral responsibility to fulfill their obligations to the parties they serve.
This reality is most clearly on display in the recently concluded HSBC/Homeward Residential scandal.   Not much of a scandal really, just the way banking business is done these days.   HSBC laundered money for drug cartels and terrorist organizations.   And what was their penalty for doing so? Nothing.   They made billions and billions in dollars in profits, they remitted back a few dollars as a tariff for becoming so blatant that they got caught.   For everyone who’s paying a Homeward mortgage, keep in mind that you are supporting a criminal organization that has played a role in the killing of American soliders and law enforcement.
Now here’s the thing.   HSBC was not alone in doing business with their most profitable customers”¦.they could not have been.   Certainly, their other banking brethren knew things like this were going on”¦.and certainly one or more of them were eating at the same buffet table.   But more fundamentally, consider this”¦.Where are all the trillions of dollars in dirty cash being laundered right now”¦.today?   Clearly the bad guys did not just close up shop and shut things down”¦.their money is still flowing around somewhere.
And again, what is directly and explicitly revealed with the HSBC revelation “¦like LIBOR, like the London Whale, like MFGlobal, like most fraudclosure cases is that our government must fulfill their sacred duty to protect the corrupt enterprises that keep this world spinning around.   Now, what did they mean when they said they could not prosecute HSBC without disrupting the stability of the rest of the world’s financial system?

Breuer this week signed off on a settlement deal with the British banking giant HSBC that is the ultimate insult to every ordinary person who’s ever had his life altered by a narcotics charge. Despite the fact that HSBC admitted to laundering billions of dollars for Colombian and Mexican drug cartels (among others) and violating a host of important banking laws (from the Bank Secrecy Act to the Trading With the Enemy Act), Breuer and his Justice Department elected not to pursue criminal prosecutions of the bank, opting instead for a “record” financial settlement of $1.9 billion, which as one analyst noted is about five weeks of income for the bank.
The banks’ laundering transactions were so brazen that the NSA probably could have spotted them from space. Breuer admitted that drug dealers would sometimes come to HSBC’s Mexican branches and “deposit hundreds of thousands of dollars in cash, in a single day, into a single account, using boxes designed to fit the precise dimensions of the teller windows.”
This bears repeating: in order to more efficiently move as much illegal money as possible into the “legitimate” banking institution HSBC, drug dealers specifically designed boxes to fit through the bank’s teller windows. Tony Montana’s henchmen marching dufflebags of cash into the fictional “American City Bank” in Miami was actually more subtle than what the cartels were doing when they washed their cash through one of Britain’s most storied financial institutions.

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