A DEFENDANT IN FORECLOSURE HAS NO RIGHT TO KNOW WHO IS FORECLOSING ON HIM
THAT’S THE CURRENT STATE OF THE LAW….
BUT I WANT TO CHANGE THAT.
I’ve lamented quite a bit lately that the Foreclosure Wars are largely over and that the fascists, the banks, Wall Street and the government they own have won.
Even after all these years, and all the mountains of lies and fraud and crimes and deceit, courts all across this country are far too eager to throw our neighbors out into the street and reward the corrupt and potentially criminal enterprises with hundreds of millions of dollars and deliver to them the very land upon which this great nation was built.
I’ve screamed for years now that, in the vast majority of cases, our courts don’t even have the foggiest clue just who they are transferring all this wealth…and the foundation of this formerly great nation to. The fact that has become crystallized over the last several months is that The Banks have no real standing in most of these foreclosure cases. They are merely debt collectors, bag men, straw parties acting as Plaintiffs for the real parties in interest in all these cases….the Real Party in Interest is not the servicer who is collecting the monthly mortgage payment and who is the Plaintiff in the foreclosure, but the Wizard Behind the Curtain who is actually pocketing the money or who is taking title to the property when the case is concluded. In the majority of foreclosure cases, the Wizard Behind the Curtain is the Federal Government, through Fannie/Freddie/USDA/VA, but The Wizard is also foreign trusts, governments and banks….the actual owners of the mortgages that have been securitized.
NOW SHOULDN’T WE, AS AMERICANS, CARE WHO WE ARE TRANSFERRING THE VERY DIRT UPON WHICH AMERICA WAS BUILT TO?
If vast swaths of Amerika were being transferred to China or foreign countries, shouldn’t that be a fact that must be disclosed and proven at the trial court level? If vast swaths of land, whole neighborhoods were being converted from private property into federalized property, shouldn’t we as Amerikans know about this? Should principals be permitted to hide in the shadows behind their agents and direct that millions of lawsuits be filed against Amerikans that will divest them of a most basic Amerikan protection? (The right to be safe and secure in one’s property from unreasonable searches and seizures.) Should our courts just stand idly by while Amerikan is literally taken out from underneath us by hidden figures lurking in the shadows?
But what this gentleman is now
13 saying is, is that we need someone from the
14 investor, the, quote, owner here to
15 testify. And if your position, Judge, is
16 that we need the owner here to testify or I
17 have to put in the servicing agreement to
18 show you who I serviced for, even though I
19 was the holder on the day of the filing of
20 the lawsuit, we can’t do it and you can
21 dismiss it right now because that would be
22 an appellate issue.
Of course not. We must fight this.
And it is quite frankly the job of our nation’s beleaguered court systems to stand up and interject some sanity, common sense and national security into this devastated legal process that is destroying whole sections of this country and transferring wealth and resources to unknown parties.
Well, that’s just one aspect that will come up on appeal tomorrow morning beginning at 11:00 am., before Florida’s Second District Court of Appeals. Florida’s Second is widely viewed as this state’s toughest Appellate court. Academic, demanding, insightful….expansive in the magnitude of the issues and impact of their decisions. Azize, Feltus, Verizzo, just to name a few. I’ve said it again and again, if this country had listened to what this court said in Azize so many years ago, we’d all be far better off.
In short, this is just the court to wrestle with such big issues.
ON TUESDAY, NOVEMBER 13, BEGINNING AT 11:00 AM
Read the briefs here below and follow along with the arguments. Your prayers, your good wishes and your support are very much appreciated…it’s going to be a very tough 20 minutes standing up there on the appellate court firing line. These are three of the most brilliant legal minds in this country and they will do their job of putting these arguments through the ringer. The fate of those much bigger principals rests very much in their hands….
MR. GACHE: That is not correct. The
18 case law that has come out since that
19 forum, which was antiquated years ago, has
20 been superceded by case law from every
21 district that says all that matters is that
22 you held the note, you had possession.
23 Ownership doesn’t matter.
24 So if ownership doesn’t matter, then
25 it doesn’t matter that you are the servicer for an owner and then therefore you have to
2 put in a servicing agreement into evidence.
3 That is not a requirement.