There are a variety of complex legal reasons behind court rules that require the parties to litigation, both defendants and plaintiffs, to be properly plead or identified and set off in a complaint. If I were being sued, the attorney drafting the lawsuit should identify me as, “Matthew D. Weidner, a resident of Pinellas County“. We want to make sure it’s not that Matt Weidner guy who makes beautiful furniture in South Carolina or that other Matt Weidner who makes video games. Likewise, a Defendant in any lawsuit is entitled to know exactly and precisely who it is that is suing him.
Shifty, Amorphous Corporate Dragons Slithering Across American
Even more importantly in this age of shifty, amorphous corporate dragons slithering across the American and indeed the international legal, economic and geopolitical landscapes, it’s even more important that we know who is suing Americans. Let’s keep in mind here that the corporate entities that are suing are first affecting a key American right–one specifically and repeatedly mentioned in the Constitution…..the right to be protected in their home from outside and especially government interference….when court power is invoked by private parties to to solve their disputes the constitutional concerns about abuse of government power are properly invoked.
Our legal system, and particularly our laws and rules that govern mortgages and foreclosures are largely unchanged from the turn of the century. Much of the case law cited by Plaintiffs has dates on it that far predates any of the sophisticated banking and regulatory schemes we now find ourselves practicing in. Quite simply our courts and laws didn’t even come close to keeping pace with the dramatic shifting economic and legal landscape of mortgage finance that took place over the last ten years.
The Shifty, Confusing, Obfuscated Entities Crafted by The Wizards on Wall Street
We’re all just now starting to learn about the shifty, confusing, obfuscated entities that were crafted by the Wizards on Wall Street to monetize American’s homes, mortgages and our economy. We’ve only started to learn who the players are and we are a long way away from knowing just what their larger intentions are and how all the pieces fit together . Take an example from the mortgage pool prospectus I attached to a file from earlier file:
IXIS Corporate & Investment Bank. IXIS Corporate & Investment Bank is a limited liability company (societe anonyme a Directoire et Conseil de Surveillance), incorporated on March 31, 1987. Initially named CDC International, the company changed its name to CDC Marches, and subsequently to CDC IXIS Capital Markets. Its name was changed from CDC IXIS Capital Markets to IXIS Corporate & Investment Bank on November 1, 2004. Its registered office is at 47, Quai d’Austerlitz 75648 Paris Cedex IXIS Corporate & Investment Bank originally was licensed as a finance company (societe financiere), a type of credit institution, in 1996 by the Comite des etablissements de credit et des entreprises d’investissement (the “CECEI”). In June 2004, the CECEI extended its license to enable it to conduct business as a bank. IXIS CIB now is able to provide a full range of core and ancillary banking services (except management of means of payment -“gestion des moyens de paiement”) and investment services (includng custodian-accountholder on own account and clearing broker – “teneur de compte conservateur pour compte propre et compensateur”). IXIS CIB is subject to French and European Union laws and regulations applicable to credit institutions and is regulated pursuant to the French Monetary and Financial Code. Background. Until October 1999, IXIS CIB was a wholly-owned subsidiary of Caisse des depots et consignations (“CDC”), a French public financial institution. In October 1999, CDC transferred 19.9 percent of its holdings in IXIS CIB to Caisse Nationale des Caisses d’Epargne et de Prevoyance (“CNCEP”). In April 2000, CDC transferred the entirety of its holdings in IXIS CIB to another of its subsidiaries, CDC Finance-CDC IXIS (“CDC IXIS”), a limited liability company (societe anonyme a Directoire et Conseil de surveillance).
(Look to Page 29 of the attached prospectus for more information on the parties to this particular transaction.)
Now I don’t know what in the world all that means, but it suggests to me that my little old client who is paying her mortgage ain’t exactly keeping that money in the neighborhood. I would also suggest that judges and officers of the court should take a little more time to understand just who are reaping massive bajillion dollar benefits from foreclosure courtrooms all across this country.
A Borrower Doesn’t Have A Right to Live In a Home For Free, But She Does Have The Right To Know Who Is Suing Her
Forcing Plaintiffs to at least plead the exact name of who is suing, i.e., Deutsche Bank, National Trust Company and to understand first the names of all the players then, importantly, the interrelationships and conflicts among all the players is a critical part of our efforts to both defend individual homeowners and, importantly,
To defend the fundamental integrity of American economic and legal systems.
We need to get judges past the simple question of “Did you pay the mortgage” and get them thinking about, “Your Honor, who are you giving millions of dollars to? Does your judgment finance terrorist organizations? Does your judgment fill the coffers of third world puppet regimes? Does your judgment help multinational corporations evade income taxes? All of these are legitimate questions that must be asked and answered before Final Judgment should properly be granted.
Get Judges Beyond Asking The Most Basic Questions and Engage Them in Larger and More Important Questions of Who They Are Transferring Vast Sectors of American Wealth and Real Estate To