There exists in this country today a pervasive form of lawlessness that manifests itself in most foreclosure cases and may be seen in virtually every mortgage contract that exists across the country. We don’t know exactly how bad things are because the banks are pushing back so hard, suppressing information, filing Motions for Protective Orders. Our elected and appointed leaders are meeting in secret with the banks and they are keeping the results of their investigations very close to the chest….I am certain they are being told, and they believe, that if the information they are uncovering “gets out” all hell will break loose. The masters and minions of the machine fail to realize that they cannot keep the lid on all this forever….the information is all there. The false affidavits, the forged assignments, the MERS mockery of our stable real property records. The records cannot be destroyed and they cannot avoid forever the consequences and the harm caused by their extra-legal sorcery.
After reading Gretchen Morgenson’s article in the New York Times which details the lengths the banks are going to in order to suppress the investigations of the United States Trustees and considering all of the clashes between the banks and our government institutions on one hand and the rights of the people on the other hand, I went back again to what has become a very important book for me, Hernando De Soto’s The Mystery of Capital. This book has been out for many years. It was written as more or less a guide book to developing countries, the basic premise is that the primary explanation for the success of the United States was the system of real property ownership that was developed in the early 1800’s. Prior to building the United States’ system of open and public records of the private ownership of land, no other nation gave her people the ability to tap into the land’s value and resources. There are numerous side benefits to all of this. This ownership gave heretofore poor people with no stake in their own future or the future of the land a real stake in the future of both. They owned the land and their potential was only limited by how hard they would work so they worked more and produced more than any people ever had. They were tied to their land now. There were geographic handcuffs which planted people in communities for generations so a far more stable society was developed with business and personal relationships grounded in the dirt that were respected…and with that developed more respectful and cooperative business relationships….you were going to be dealing with your neighbors for generations to come.
The reason why all this not so distant history is important is because it has all been destroyed in a very short period of time here in the United States, first with the Serpent of Securitization, then with the MERS Monster, and then the toxic title stew that they moved into our courts and into our heretofore stable and clear public land title system.
The court decisions that are being released across the country are a crazy quilt of fits and starts, some decisions reject important elements, others approve those elements, some federal courts affirming the toxic titles and procedures, others outright rejecting them. It seems more and more the decisions are opposed to the Wall Streeters, the MERS Monster and the Securitization Serpent, but there is not uniformity and it is causing real mess. Which brings us to the period 1797 to 1820 in the good ole US. The land was wild and free. There were no prior private titles to the vast patches of lands that were being homesteaded and farmed by our rough and tumble forefathers. Hell, the boundary lines between the states were not even clear. Congress was busy trying to clearly define the boudaries of the states, while at the same time the farmers and mainstreeters were trying to define the boudaries of their own lands.
While the founding fathers in their fancy tights and funny white wigs get all the credit, the dirt crusted homesteaders, farmers and squatters were the most important figures in the development of this country. They were the ones that got up before dawn, cleared the land and worked the fields 26 hours a day 395 days a year every day of their waking lives. No welfare here, no unemployment benefits, these American Heroes built this country one dirty, dusty row of corn at a time. Now a problem with all their effort was they largely had no formal legal title to the land they were taming. But through a variety of both legal and extra-legal means, they staked out their patch of virgin land, cleared it, fought it, wrested it and finally caressed “their” land until it was producing the corn, wheat, cotton that served as the economic lifeblood and the foundation upon which our greatness was built.
Formal and informal tradition developed that permitted these heroes to claim ownership of the land and formalize their claim on the land based on their effort. The formal recognition of these traditions became the squatters rights or laws of adverse possession that still exist on the law books today. These laws and traditions were widely respected across the many states and became formalized into various state laws. Conflicts were common and in 1821, the United States Supreme Court declared Kentucky’s occupancy laws unconstitutional in the decision Green v. Biddle. The decision was widely viewed as a crushing defeat for the common people and a gift and recognition of the political power of the rich and largely absentee landowners…many of whom professed some sort of claim to the title of vast tracts of land that they did absolutely nothing with.
Green v. Biddle was an incredibly unpopular decision with the masses, the real people and the elected leaders of many states began to take note of the rising political importance of the farmers, the homesteaders, the little people. The politicians began to view the scrappy homesteaders not as interlopers, but as figures far more powerful and important than the elites, the bankers and the absentee landowners. These homesteaders began to organize, the politicians began to align with them and they all forged ahead to overturn the “treacherous conduct” of the United States Supreme Court.
In relatively short order states all across the country and even Congress passed laws and took other action to push back against the banks. Between 1834 and 1856 the push back was pervasive that some considered the Green v. Biddle the most opposed decision yet issued by the Supreme Court, which became effectively overturned by state and even federal legislation.
So what’s the impact on the treacherous conduct we find our country faced with today? The parallels are simple. Our courts, especially in the State of Florida were sold a siren song by the banking industry and the legislatures. Their message was simple, ignore all our mistakes, our fraud, our crimes our abuses of the voters and the people. We make the money, we own the money, we own all of you and we own this country. Ignore your pesky property laws, disregard all your damn court rules of evidence and procedure and principles of fairness and integrity and equal treatment. Your Constitutions mean nothing and Due Process has no place when you’re dealing with us and our contracts. Our Pooling and Servicing Agreements our Assignments, our corporate policies and procedures supersede your Constitutions and your Due Process. Now get back in your courtrooms and throw these squatters, these settlers, these claimants off the land….DO IT NOW!
You still hear quite a bit of this now from the corporate mouthpieces and from the handful of bought and paid for elected officials….they recite the mantra that we must get through all this, whatever it takes in order to get this economy moving again. But all of those pronouncements fly in the face of reality and are disputed by 5th grade economics. The American people have already thrown bajillions of dollars at the banks and they in turn have thrown countless millions of people into the streets….and what good has it done any of us? Well, it’s done the banks a helluva lot of good. Massive, obscene profits, screw you and not even so much as a thank you very much.
But this has got to change. The American people are waking up. That great sleeping dog that is the American voter is starting to rise after being kicked repeatedly. And here and there in statehouses across this country a few bright bulbs are starting to flicker….they’re starting to recognize the shift away from the banks and their big fat campaign checks. Why heck, there might even be one, maybe two elected officials who might just start to view those bank campaign checks as a bit toxic….maybe after Iowa AG Tom Miller’s recent attention for taking blood money from the serpents, other AGs will think twice about courting payoffs from the Wall Street serpents.
The tide may be turning, but it is up to everyone of us to continue to keep the drums beating. Press the press. Share these stories with every friend and colleague in your network. Use social media and your own contacts.
There are many dark days ahead, but if we do not beat back these bank advances, all hope for this country is lost. Remember that. If we allow these abuses and advances to continue our nation is lost.