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Archive for the ‘fraud’ Category

You know, I just read the following article, and see that the “Millennials” are being brain washed. Goldman Sachs said back around 2008 “Only the rich should own houses, everyone else should be renting”. Sorry, I am still looking for the article wherein I quoted from. I will find it, I used that in a brief.

I knew that meant trouble. Even with foreclosure hell in the middle of its heyday, it still meant something. Not long after that, people being foreclosed upon, began being offered the chance to rent the house that they just lost.

Now, these third party entities popped up almost over night, and instead of the properties at foreclosure, reverting back to the lenders, these third parties now purchase at foreclosure auctions. Then they offer to rent you your house, or take you to magistrate court and have your thrown out, instead of the banks having to do that.

Funny thing, if you research most of these third parties, back far enough, the banks own them too, so still the same thing, just different names. Nevertheless, I could not help but post the article. It is obvious that “they” want us all in little apartments in and around the cities, easier to control “us”. I just had not realized that they were in the progress of brain-washing the Millennials into not even wanting to own a house.

Read the article:

Short-Term Pain, Long-Term Wonder
Foreclosure.com Scholarship Program Winning Essay 2017, (Grand Prize)
https://article.foreclosure.com/short-term-pain-long-term-wonder-82f82b90ff52
Go to the profile of Foreclosure.com Staff
Foreclosure.com Staff
Feb 28, 2018
By Jack Duffley | University of Illinois At Urbana-Champaign

foreclosure-kid
(photo from https://article.foreclosure.com/short-term-pain-long-term-wonder-82f82b90ff52)

In the gleeful times of 2005, my parents decided, like so many others, that it was time to “upgrade.” They sold our smaller home on the other side of town, which had appreciated nicely, and bought a 3700 square foot behemoth in a town with already exorbitant property taxes. My younger brother and I were thrilled to finally have a basement, our own rooms, and even a concrete basketball court in our backyard! All eight-year-old me knew was that things were going to be a whole lot more comfortable from there, and my optimistic parents seemed to think the same.

Jack Duffley | University of Illinois At Urbana-Champaign
The year is 2017, and my parents have only just now reached the equity levels in the house that they started with over a decade ago, nearly one-hundred-fifty mortgage payments later. However, after being bombarded by extremely high taxes for that entire time, they are essentially underwater on the property, but see little choice but to hang on for dear life until equity recovers just a bit more before they abandon ship. A thin retirement plan, mostly resting on the house, has forced their hand.

My parents’ story is in no way unique; millions of Americans who purchased homes before the 2008 recession have faced similar dilemmas, often worse than theirs. Many had no choice but to foreclose during the worst of it. After all, the homeownership rate has declined almost 5 points nationwide since the recession.[1] If anything, they can be considered lucky, yet they are still stuck in the mud. Their children, on the other hand, are now at their own fork in the road: to be [a homeowner] or not to be.

And, all things considered, they are often choosing not to be. The census shows a stark dip in homeownership among those under the age of 35 of almost 10 percent, lowering significantly from its peak pre-recessionary levels of 43 percent to a dismal 34 percent. At the same time, rental vacancy rates nationwide fell from over 10 percent to less than 7 percent as more people turned to renting, millennials especially.[2] Why is this happening?

Aside from the obvious fear of the failure that their parents faced, millennials are renting more as they define their own unique lifestyle. Millennials, in ever increasing numbers, are focusing on “living now.” They are choosing to move into urban areas in particular. As a predominantly liberal group, and with large cities tending to lean left, this is partially due to political forces. The majority, however, is due to lifestyle conveniences that come with a city: multiple options for transportation and not needing to own a car, proximity to cultural events and nightlife, and, especially with the decline of the suburbs as retail simultaneously sinks, a more positive future economic outlook. They more readily take the loss in living space for these benefits than their previous generations did.

At the same time, a growing number of millennials are facing burdensome student loan debt. Rather than come out of college with pristine back-end ratios primed for a hefty mortgage, they are handcuffed by the debt that they have amassed in their early twenties. As the Pew Research Center has noted, 37 percent of people under the age of thirty have student loan debt. They contribute to the $1.3 trillion in student debt, leverage that could presumably be used for a mortgage or some other useful credit if it were not locked up already.[3] Millennials are trying to increase their earning power by going to school so that they have the opportunity to advance economically, but it is simultaneously holding many of them back via years of extra debt — debt that is notably not going to a physical asset.

What does this mean for real estate? For the single family home market, it spells disaster, at least in the short term. Grant Cardone, one of the premier real estate investors in the world, calls homeownership a “scam,” and emphasizes that renting over homeownership among young people is becoming more and more popular. He notes that there is a huge need for affordable rentals as millennials deviate away from single family homes. Cardone is always one to advocate renting as a more advantageous and flexible lifestyle choice, and, as it has been mentioned, millennials increasingly value the flexibility that comes with renting instead of buying a home. Many, like Cardone, now see homeownership as a solely negative ordeal.

While it may not be up to the level of a “scam,” there are significant drawbacks with owning a home. For one, it locks up a significant amount of capital, money that could be used for a number of different projects or investments. In sum, homeownership is very expensive, at least in the short term when people make their initial down payment and any potential renovations. This makes it very hard to own a home for people of all ages. Additionally, owning a home can financially lock someone to a particular location, one which they might not want to be in after a while. Finally, for those hoping for appreciation when they purchase their home, as with any investment, there is a chance that it does not pan out. A poorly timed crash can wipe out an owner’s equity in seconds just as it did to my parents and so many others.

While there are drawbacks, the Great Recession and its subsequent lifestyle shift suggest the lack of education about the benefits of owning real estate. Even my parents are constantly warning me of the dangers of homeownership; the shift is not totally driven by millennials themselves. They too are still shaken by their mistakes and the sledgehammer that was the crash. They ignore the value of building equity over the long term, the typical tax benefits that come with a primary residence, and the relative stability of the real estate market because they mistakenly overpaid for a house that, in hindsight, they cannot comfortably afford in a downturn. They just hope that I do not do the same, and rightfully so. However, what millennials should have learned from the recession is not that real estate is bad, but that they simply must be careful and reasonable with what they assume when purchasing it.
3310-Harrison-Rd-east-point
Unfortunately, the average consumer purchases on emotion. With the tremendous amounts of emotional trauma from the recession, millennials are increasingly refusing to buy a home as their parents might have desired at the same age. But what are they purchasing in its place? Many take on higher rents, consistent with the “living now” mentality. Many more use their money to buy a wealth of products online. Some are even speculating on cryptocurrency, something far more unknown than real estate, expecting to make a lot of money. Why do they do that? Because the average consumer purchases on emotion, not on something systematic. Real estate has already been proven to be a relatively safe and a potentially very powerful asset. Instead, the negatives have been, and continue to be, emphasized. This masks the positives of owning a home, or even a simple condo. Millennials in some cases are mistakenly ignoring all real estate and not just the kind of overleveraging or speculating that got their parents into trouble.

Does this spell the end to America? Will the country burst into flames as millennials move to urban areas? Of course not. It must be noted that the current trend does not own the future; millennials could very well begin to purchase homes in huge numbers, especially as prices drop over the next few years. While it is likely that this will not be the case, it is impossible for anyone but millennials themselves to determine that.

What is certain is that, in the short run, there will be pain. The single family housing market is going to suffer as millennials make lifestyle choices contrary to their parents. The market will be oversupplied with single family homes. However, millennials will still need a place to live, just like anyone else. Their increasing demand for urban locations and conveniences will push rent up in cities, as it already has in places like San Francisco and Seattle. This will open a new, and huge, opportunity for real estate investors and developers alike to profit in the cities as millennials develop their own American Dream. After all, a dream is only what a person makes of it, not what someone else defines it as.

References:
[1] U.S. Census Bureau, Annual Homeownership Rates for the United States and Regions: 1968–2016, (accessed Dec 10, 2010), https://www.census.gov/housing/hvs/data/charts/fig05.pdf

[2] U.S. Census Bureau, Annual Rental Vacancy Rates for the United States and Regions: 1968–2016, (accessed Dec 10, 2010), https://www.census.gov/housing/hvs/data/charts/fig03.pdf

[3] Anthony Cilluffo, “5 facts about U.S. student loans,” Pew Research Center, last modified August 24, 2017. http://www.pewresearch.org/fact-tank/2017/08/24/5-facts-about-student-loans/

The winning essay above was submitted to Foreclosure.com’s scholarship program.

The 2017 essay topic:
IS THE “AMERICAN DREAM” OF ONE DAY OWNING A HOME ALIVE AND WELL AMONG MILLENNIALS?
Millennials having experienced the “Great Recession,” which was the traumatic housing crisis that triggered the financial crisis a decade ago. As a result, data suggests that Millennials (those born between 1981 to 1997) have been slow to adopt homeownership. Discuss the pros and cons of homeownership for Millennials, as well as which factors could increase or decrease homeownership among the generation. Will their collective hesitation and apprehension hurt them in the long run or are Millennials simply in the process of re-defining the “American Dream?”

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Georgia: Disbarred Lawyer Richard Merritt Jailed on Theft, Elder Abuse Charges
Attorney Richard Merritt was disbarred Monday for pocketing a client’s $75,000 settlement and jailed Wednesday on multiple felonies.

Georgia: Disbarred Lawyer Richard Merritt Jailed on Theft, Elder Abuse Charges
http://www.barcomplaint.com/attorney-theft/georgia-disbarred-lawyer-richard-merritt-jailed-on-theft-elder-abuse-charges/

The problems of Richard Merritt have come to a head with his arrest. This has been long coming has his behavior has been in question for several years.


Richard Vinson Merritt

Former Smyrna attorney Richard V. Merritt, who was disbarred Monday after admitting to settling a client’s suit for $75,000 and then pocketing the money, woke up in the Cobb County Jail Thursday after being arrested on separate felony elder abuse, theft, exploitation and check fraud charges.

The spokesperson for the Cobb County Sheriff’s Office said he had no further information on the charges, which were apparently filed by the Smyrna Police Department. The booking report includes a notation that Merritt is to be held for the Fayette County Sheriff’s Office, where a press liaison said they received a bench warrant for “indirect criminal attempt.”

He provided no further information, and there was no immediate response from Smyrna police.

On Friday, Cobb County District Attorney Vic Reynolds said there was little he could offer concerning Merritt’s case so far.

“We have yet to receive the complete investigative file from the Cobb Sheriff’s Department,” said Reynolds via email. “When we do, our White Collar Unit will begin the process of determining what charges we will proceed to the grand jury with. In addition, our Investigators will begin reviewing the file upon receipt to see if there are any additional victims or charges which need to be pursued.”

Merritt remained in jail on Friday afternoon.

Merritt is the subject of multiple civil suits in Cobb County, including one filed by a woman who claims he forged her name on a $150,000 settlement agreement and check without her knowledge. She claims Merritt never turned over any funds.

He also faces several legal malpractice and fraud lawsuits in Cobb County from clients claiming he agreed to handle their cases and then never filed them and never pursued any actions.

Merritt has represented himself in each of the lawsuits.

The attorney for a plaintiff in one case, Sapp & Moriarty partner Daniel Moriarty—interviewed before word of Merritt’s arrest was known—said he was surprised at the mild tone in the state Supreme Court’s disbarment opinion, which only said Merritt “settled a client’s personal injury matter for $75,000 but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client.”

“That’s a euphemism for stealing money,” said Moriarty. “I talked to an investigator who has seen his bank records and determined that he had stolen hundreds of thousands of dollars. It just blows my mind what he’s gotten away with.”

According the bar complaint reviewed by the Daily Report, Merritt was retained to handle a personal injury matter in December 2016 and settled it last February, cashing the forged check Feb.7. On Feb. 10, he filed a lawsuit “and continued to lead me on until late May 2017 when I learned what he had done,” the confidential complaint said.

“I have never seen a dime of the $75,000,” said Merritt’s former client.

Another civil suit filed in Cobb County State Court last year said Merritt forged a husband and wife’s signature on a settlement and check in a medical malpractice case and never told them.

Another complaint said Merritt accepted a med-mal case and continually told his client that he was investigating it. Merritt sent emails saying “All is well and we are moving forward on your case,” and “No worries I’m on it!”

Then he stopped accepting the woman’s calls, and the filing deadline passed.

In that case, Judge Maria Golick struck Merritt’s answers and ordered a damages-only trial after finding he “willfully failed to respond” to hearing notices. Golick scheduled a show-cause criminal contempt hearing, and the decision is apparently still under advisement, according to court records.

In the case Moriarty is handling, Merritt also allegedly claimed to be conducting discovery and searching for experts, even scheduling bogus depositions for his clients, only to cancel them at the last minute.

Merritt was the principal for the Smyrna-based Merritt Firm, whose offices were the subject of several dispossessory actions between 2015 and 2017, according to court records.

Last August, Merritt sued two attorneys on behalf of spine surgeon and frequent medical expert James Chappuis. At the time, Merritt said he vice president and general counsel of Chappuis’ Orthopaedic & Spine Surgery of Atlanta.

That case settled confidentially shortly after it was filed.

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Former Bank Official Admits Disbursing Over $300K in Fraudulent Loans
http://mortgagefraudblog.com/former-bank-official-admits-disbursing-over-330k-in-fraudulent-loans/
May 14, 2015 —
By: Rachel Dollar, the editor of Mortgage Fraud Blog is a California attorney and Certified Mortgage Banker who handles litigation for mortgage lenders, servicers and financial institutions.

Ardonus “Donna” Perkins, 40, Atlanta, Georgia, the former Assistant Vice President of Risk Management of the Credit Union of Georgia, has pleaded guilty to a charge of mail fraud for causing the credit union to disburse over $300,000 in fraudulent loans.

According to the charges and other information presented in court: From January 2008 through August 2010, Perkins, used the names of unknowing family members and friends to open signature loans and true lines of credit at the credit union, which are open-ended personal lines of credit.

Perkins took the funds obtained from these fraudulent loans for her own personal use. She also secretly refinanced automobile loans without the auto owner’s knowledge, consent, or authorization, and took those proceeds. Additionally, Perkins established fraudulent VISA accounts in the names of family members and friends and received cash advances on those accounts without their knowledge.

Perkins’ fraud scheme went undetected at the Credit Union of Georgia until she was fired in 2010 for policy violations. She continually increased the loan limits and available credit limits on the fraudulent loans to obtain more funds. In an effort to conceal and continue her scheme, Perkins used some of the money she fraudulently received to make payments on some of the loans, lines of credit, and credit card accounts that she had fraudulently established in the names of others.

To further conceal her scheme, Perkins directed the monthly statements of the fraudulently established accounts to her personal post office box. As a result of Perkins’ scheme, the Credit Union of Georgia lost more than $300,000.

Sentencing for Perkins is scheduled for July 30, 2015, at 10:00 a.m. before United States District Judge Mark H. Cohen.

Acting U.S. Attorney Horn announced the guilty plea.

This case is being investigated by the United States Secret Service.

Assistant United States Attorneys Loranzo M. Fleming and Jeff A. Brown are prosecuting the case.

“This now former credit union executive used her institutional knowledge of the financial system to concoct a multi-faceted fraud scheme to steal money from the credit union,” said Acting U.S. Attorney John Horn. “The Department of Justice and our law enforcement partners will vigorously investigate and prosecute those engaged in fraud that threatens the integrity of the banking system.”

“The United States Secret Service will continue to take an aggressive approach to arrest individuals who violate the trust of businesses to further their personal financial gain,” said Reginald G. Moore, Special Agent in Charge of the United States Secret Service, Atlanta Field Office.

Former Bank Official Admits Disbursing Over $300K in Fraudulent Loans

May 14, 2015 — Leave a comment

Ardonus “Donna” Perkins, 40, Atlanta, Georgia, the former Assistant Vice President of Risk Management of the Credit Union of Georgia, has pleaded guilty to a charge of mail fraud for causing the credit union to disburse over $300,000 in fraudulent loans.

According to the charges and other information presented in court: From January 2008 through August 2010, Perkins, used the names of unknowing family members and friends to open signature loans and true lines of credit at the credit union, which are open-ended personal lines of credit.

Perkins took the funds obtained from these fraudulent loans for her own personal use. She also secretly refinanced automobile loans without the auto owner’s knowledge, consent, or authorization, and took those proceeds. Additionally, Perkins established fraudulent VISA accounts in the names of family members and friends and received cash advances on those accounts without their knowledge.

Perkins’ fraud scheme went undetected at the Credit Union of Georgia until she was fired in 2010 for policy violations. She continually increased the loan limits and available credit limits on the fraudulent loans to obtain more funds. In an effort to conceal and continue her scheme, Perkins used some of the money she fraudulently received to make payments on some of the loans, lines of credit, and credit card accounts that she had fraudulently established in the names of others.

To further conceal her scheme, Perkins directed the monthly statements of the fraudulently established accounts to her personal post office box. As a result of Perkins’ scheme, the Credit Union of Georgia lost more than $300,000.

Sentencing for Perkins is scheduled for July 30, 2015, at 10:00 a.m. before United States District Judge Mark H. Cohen.

Acting U.S. Attorney Horn announced the guilty plea.

This case is being investigated by the United States Secret Service.

Assistant United States Attorneys Loranzo M. Fleming and Jeff A. Brown are prosecuting the case.

“This now former credit union executive used her institutional knowledge of the financial system to concoct a multi-faceted fraud scheme to steal money from the credit union,” said Acting U.S. Attorney John Horn. “The Department of Justice and our law enforcement partners will vigorously investigate and prosecute those engaged in fraud that threatens the integrity of the banking system.”

“The United States Secret Service will continue to take an aggressive approach to arrest individuals who violate the trust of businesses to further their personal financial gain,” said Reginald G. Moore, Special Agent in Charge of the United States Secret Service, Atlanta Field Office.

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Watch: Nuclear experts confront Japanese scientists — IAEA says Fukushima reactors “might still be active” long after meltdowns — “Changes completely” our idea of what happened — “Very surprised… extremely high” Iodine-131 levels — Means fission reactions lasted for weeks or months (VIDEO)
Published: October 27th, 2014 at 10:15 am ET
By ENENews
http://enenews.com/watch-international-experts-confront-japanese-scientist-iaea-fukushima-reactors-be-active-long-after-nuclear-fuel-melted-completely-change-picture-about-happened-very-surprised-about-extremel

Teruyuki Nakajima,University of Tokyo and Science Council of Japan (emphasis added):

International Expert #1 (at 38:10): My name is [inaudible] from the International Atomic Energy Agency’s marine laboratory in Monaco. I have a question regarding the Iodine-131. We were very surprised that the Iodine-131 was still discharged at very high levels in July [2011]. We had a lot of discussion about what would be the reason… You’d expect that, according to the shorter half life for Iodine-131, this would decrease much, much stronger — much faster… My briefings to member states of the IAEA was that we would expect within a few weeks there would be no more Iodine-131, but this was not true. This was still measured at high, extremely high levels in July and August of 2011. I wrote in my statement given out by the IAEA, that the reactors might still be active. There was a big discussion about this…
Nakajima: Yeah, I think the reactors still emitted the materials in… not sure about July… we have soil measurement in June, I think that still we observed Iodine-131 from the soil measurement. If that is terminated in April, we wouldn’t measure that at this point, but we still had that measurement. And still, the data are not totally thoroughly investigated. We have several remaining data we need to look at. Some people have those data, so we need to dig this kind of data set. Also, monitoring post, we had [problems?] as I told, we couldn’t use, but some are surviving and not rescued. Recently that kind of data is coming in, so we will see that data for Iodine-131…
International Expert #2 (at 43:45): I’m sorry, but I’d like to go back to the question of my colleague from the IAEA. If I understand correctly, the question is not whether… in July or August, there still were releases of Iodine. If that is the case, it would change completely the picture about the accident. That was the question that was never clarified, either by TEPCO or by [inaudible].
Nakajima: There’s some evidence [of the reactors] releasing radiogenic gas…
International Expert #2: The basic question is the following — several weeks after Chernobyl it was crystal clear there were no more releases of Iodine. If that’s not crystal clear at Fukushima, this means several weeks or months after the accident there were fission reactions. That’s the question. This question was presented, as my colleague said, at several meetings of the IAEA and that was never made clear?… That is an important question because it would change the composition of the releases…
International Expert #3 (at 46:45): I also want to [inaudible] the data. I agree with him about the calculation… Iodine had been measured in such amounts in July… Iodine from those same samples — that would allow you [Nakajima] to actually check whether this is satisfied by resuspension, as you claim…. Observations make clear, [Iodine-131 is too high by] orders of magnitude, even in the best cases — and that’s a lot…
Nakajima: We have all the data but I haven’t checked Iodine-131… But, still, we are making the data set… Maybe I could check with my file data… (Lights go on) Further questions? OK, well, thank you very much. Sorry.
See also: Study: Evidence of “uncontrollable nuclear reaction” at Fukushima after 3/11 — “Emerged criticality” supported by data (PHOTOS)

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I keep thinking about that.  Being told that it really isn’t as bad as I think.  Hell if it ain’t!

When I was a little girl, we walked to school.  We would get there in the morning, and there would be the morning prayer.  Right after that, we all said I Pledge Allegiance to the Flag, and they played the National Anthem.  I started to school when I was four (4).  By the time I was in fourth grade, it was like the second elementary school.  They did not say the morning prayer, or play the anthem, but by golly, the whole time I was in school, we Pledged Allegiance to the Flag.  We were proud to be Americans.

Now, you get suspended for wearing anything with a flag on it.  The Ten Commandments, Pledge of Allegiance, and anything having to do with our natural heritage is bad.  Christians are bad.  Americans are bad.  Christian Americans must be very, very bad.  And who the hell decided all that?  That is bullshit.  Plain and simple, bullshit.  Since when have other people gone to live in another country, and was allowed to claim they were offended by the customs of that country, and the country changed for the outsiders?  Someone tell me when.  That is bullshit!  Plain and simple bullshit.

Seems like it began several years ago… SuperTarget in our area, told the GoodWill people at Christmas, not to come there any more.  Of course, after that, we never went back to that store, and it closed shortly thereafter.  For some reason, outsiders that had moved to the United States, were offended by Christmas, Nativity scenes, and GoodWill ringing their little bells at Christmas.  Those dedicated, hardworking GoodWill employees, trying to make a difference to others at a very hard time of year.  They never asked anyone for anything.  Just stood, ringing the bell and smiling.  It was tradition.  Christmas trees, nativity scenes, GoodWill.

So, in order to not to offend those, who are not from here, America changed? Bullshit.  I say, if our traditions offends you, you came into this country, you know you can leave the same damned way!  Every time I turn around, someone is explaining that such and such offends them.  Screw it!  I am offended by what people do in other countries, but I don’t move there, then expect them to change their country for me.  That is bullshit.  Plain and simple bullshit.

Now, they tell us that our forefathers were terrorists.  Do what?  So what kind of History lessons are they giving kids now a days?  Speaking of kids.  Since when does the govt. have balls enough to tell parents what they are or not going to feed their kids for lunch during school?  The other thing about kids, is that they belong to the community, not their parents?  Bullshit!  Plain and simple bullshit!  And these idiots put up with that?  I sure as hell am glad that my Mama was who she was.  She would have not only told them what horse to get on, she would have had them direct that horse, on out of the country.  And my Daddy, lo and behold, I am glad that he is not here to see this shit.  Daddy was gung-ho Marine.  He is probably rolling in his grave right now.

And someone wants to tell me, that it ain’t as bad as I think it is?  Bullshit!  Plain and simple bullshit!!!

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MagicJack ended up making it right!
I was astonished when I got the email, and someone at MagicJack had taken it upon themselves to read the communications back and forth, and emailed me.  They offered to send out a  new one, free of charge.  Of course, I agreed.
They sent me one, and it has worked perfectly ever since.
THANKS MAGICJACK!
—–Original Message—–
From: magicJack Customer Service
Sent: Friday, May 02, 2014 4:59 PM
To: GAPARALEGAL…
Subject: RE: (LTK111530116734526X)
REFERENCE NUMBER: LTK111530116734526X  Please use this ticket number in any correspondence with us.
SUBJECT:
Dear Customer,
Thank you for contacting us.  STOP RIGHT THERE.
So that everyone gets an idea of what has happened, and the fun experience I have had with Magicjack, I am posting my last response to the magicjack employee that emailed me to tell me the good news…:
” My response first:

“If you really want to know what I think?
I think that since there was an issue with something I had bought that carried a warranty, and I had put out the $100 to buy my 5 years, back when mj was still such a new product, that most people were ignoring the mj.
And all the selling of the product that I have done for mj, because it is a good product, when the company appeared to back the product, which mj has slipped, on if you ask me.
The one that was replaced was supposed to be under warranty, or so I was told.  Warranty cost me $11.80 for shipping and handling, even though I have twice bought 5 year upgrade plans, and three magicjacks.  Every time a newer one has come onto the market, I have purchased one.
When I upgraded in the past, I lost my extra hours.  That was the reason I had not totally decommissioned the older one, because it is good till 2017.  This time, since it was a defect and I was paying the $11.80 for something under warranty, and the item normally only costs $49.95 including shipping, I was going to get to transfer my extra time.  Tech support told me to be sure to call yall, and yall would help me connect the proper one so that I would not lose my remaining three years.
Then You got me to hook up the wrong one!  Then you tell me tough snuff, that I have to pay another $11.80?  Like hell I will.
I tell you what, I keep all my transcripts.  I have everyone I have ever been a party to.  I also have the following blogs:
I have a couple more too that are part of a website.  I tell you what, pick out at least four for me to post this story on.  Or better yet, I will send yall links to them, as I post it on each one.
I cannot believe that you treat your loyal customers this way!  It is not like there is no competition out there.  Yall are the ones that told me to get the chat up when I was ready to connect, so that I would not connect to the wrong number and lose my three years.  I do as you suggest, and yall lose my three years for me, then tell me tough shit?
Wow!  Is that some good customer relations!
What MagicJack employee emailed to tell me:
Unfortunately once a magicJack has been registered, we can not un register it. If you would like i can send you a replacement free of charge but you will have to cover the shipping and handling fee of $11.80.
Sincerely,
magicJack Support
In case this email does not fully answer your question, or you would like to contact us for any reason, simply reply to this email.
========== Original Message ==========
From:     <>
Subject:
${ticket.lastmessage.content}

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My best friend, Donnie Johnson, living in Lithonia, Georgia, has died.

Grady Hospital in Atlanta, Ga, took a healthy, 64 year old male, with a hernia issue, ignored the hernia issue, put him on a ton of other medications, claiming not to know what was wrong with him, and now, after many months, has finally killed him.

I hope everyone who had their hand in the situation is happy!

Donnie, may God hold you in the palm of His Hand….You are sorely missed!

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http://livinglies.wordpress.com/2013/03/15/wake-up-georgia-courts-are-opening-the-door-on-wrongful-foreclosure/

http://livinglies.wordpress.com/2013/03/15/wake-up-georgia-courts-are-opening-the-door-on-wrongful-foreclosure/

Wake Up Georgia: Courts Are Opening the Door on Wrongful Foreclosure

Posted on March 15, 2013 by Neil Garfield

PRACTICE AND PROCEDURE IN GEORGIA

If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 (East Coast, including Georgia – the Atlanta Area) and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to provide any legal advice, but they can guide you toward some of our products and services.

The selection of an attorney is an important decision and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.

Editor’s Note: For years Georgia has been considered by most attorneys to be a “red” state that, along with states like Tennessee showed no mercy on borrowers because of the prejudgment that the foreclosure mess was the fault of borrowers. For years they have ignored the now obvious truth that the defective mortgages and wrongful foreclosures do make a difference.

Now, reflecting inquiries from Courts below who are studying the the issue instead of issuing orders based upon a knee-jerk response, the State has taken a decided turn toward the application of law over presumption and bias. There is even reason to believe that the door is open a crack for past wrongful foreclosures, as the Courts grapple with the fact that thousands of foreclosures were forced through the system by strangers to the transaction and thousands of wrongful foreclosure suits have been dismissed because of the assumption by judges that no bank would lie directly to the court. It was a big lie and apparently the banks were right in thinking there was little risk to them.

Look at Pratt’s Journal of Bankruptcy Law February/ March Issue for an article on “Foreclosure Law in the Wake of Recent Decisions on Residential Mortgage Loans: The Situation in Georgia” by Ashby Kent Fox, Shea Sullivan and Amanda Wilson. Our own lawyers have out in front on these issues for a couple of years but encountering a lot of resistance — although lately they are reporting that the Courts are listening more closely.

The Georgia Supreme Court has now weighed in (Reese v Provident) and decided quite obviously that something is rotten in Georgia. Focusing on Georgia’s foreclosure notice statute but actually speaking to the substantive defects in the mortgages and foreclosures, the majority held, as a matter of law, that

o.c.G.a. § 44-14- 162.2(a), requires the person or entity conducting a non-judicial foreclosure of a residential mortgage loan to provide the borrower/debtor with a written notice of the foreclosure sale that discloses not only “the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor” (the language that appears in the statute), but also the identity of the “secured creditor” (not required by the statutory language, but which the majority inferred based on legislative intent). the majority further found that the failure to identify the “secured creditor” in the foreclosure notice renders the notice, and any subsequent foreclosure sale, invalid as a matter of law.

Once again I caution litigators that this will not dispose of your case permanently and that such rulings be used strategically so that you are not another hallway lawyer explaining how you were right but the judge ruled against you anyway. Notice provisions can be cured, non-existent transactions cannot be cured. Leading with the numbers (the money trail” and THEN using decisions like this to corroborate your argument will get you a lot more traction than leading with defective paperwork.

As I have said repeatedly, no judge, no matter how sympathetic to borrowers is going to give much relief when the borrower has admitted the debt, note, mortgage and default. These must be denied and lawyers should study up on the subject as to why they can and should be denied, and to persevere through discovery to show that the note, mortgage, default and even the debt have all been faked by strangers to the transaction.

Forcing the opposing side to show that they are a bona fide holder FOR VALUE will flush out the truth — that originator in nearly all cases was never the lender, creditor or even broker. They were simply paid naked nominees just like MERS, leaving no real party in interest on the note or mortgage, no consideration between the parties stated on the note and mortgage or notice of default, and no meeting of minds between the real lender (who is NOT in privity with the nominee lender) who, as an investor received a prospectus and Pooling and Servicing Agreement and advanced money under the mistaken belief they were buying bonds of an entity that either did not exist or was simply ignored by the investment banker and the other participants in the false securitization scheme that was used to cover-up a PONZI scheme.

Practice tips: DENY and DISCOVER. Ask for proof of payment and proof of loss. The assignments, the note and the mortgage are not proof of the debt, they are potentially evidence of the debt and the security agreement ONLY if the foundation is there (testimony by witness with personal knowledge, with exhibits of wire transfer receipts and wire transfer instructions, cancelled checks etc.) to show that the originator shown as payee and “Secured party” or “beneficiary” was lender of money.

Make them show that they booked the loan as a receivable with a reserve for default. Discover that they actually booked the transaction as a fee for service (shown on the income statement) and never entered it on their balance sheet.

And PLEASE study up on voir dire, objections and cross examination. If you are not quick and ready objections to leading questions and other issues might well be waived unless you interrupt the questioning as fast as you can stand up. If you study up on hearsay and the business records exception to hearsay you will discover that in practically no case were the business records qualified as exceptions to the hearsay rule. But if you don’t raise it, if you don’t have statutory and case law and even a memo on the subject the judge is going to rule against you. We are talking about good lawyering here and not bias amongst judges.

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COMES NOW… proceeding in Propria Persona, and respectfully files Plaintiff’s Opposition to Defendant Federal National Mortgage Association’s Motion to Dismiss, and shows this Honorable Court the following pertinent facts:

Federal National Mortgage Association (“Fannie Mae”) has filed their Motion to Dismiss, pursuant to O.C.G.A.§ 9-11-12(b), and on the claims that Plaintiff is a borrower who defaulted in repayment of his mortgage loan, resulting in the foreclosing on the real property which served as collateral for the loan. Plaintiff contends that had the banking and mortgage industry not been so greedy, they would not have over inflated the values through falsified appraisals on properties; they would not have been telling Borrowers not to worry, they can work out an affordable loan that will get you into that house you always dreamed of, while knowing in the back of their minds, that when the Borrower claims that they believed and relied upon their lenders, and what they had been told; the response would then be that the relationship had been nothing more than creditor – debtor and that you should not have relied upon the lies you had been told, because you are at different ends of the spectrum, with totally different interests. My Grandmother would say that America has gone to hell in a handbag.

We have headed into an era where the foreclosing entities are allowed to forge and falsify documents, because the borrower defaulted on their payments, and they need those documents that they are forging and falsifying in order to foreclose upon that Borrower, and the original documents no longer exist. Plaintiff was of the belief, that if you signed a contract, that the Original contract had to be kept in order for it to be collected upon, simple contract law. As it is in these foreclosure/wrongful foreclosure cases, the only time the documents are referred to contracts, is when the documents are referred to as in the Borrower failed to honor the contract by timely making their payments every month. Any other time, the words contract, does not exist. Should a Borrower mention the word, or words Note or Promissory Note, it is sacrilege and the Borrower is “claiming the show me the note theory”, or “vapor money theory”, which is a cue to the Court to dismiss because Georgia does not have a law that the foreclosing entity has to show you the Note. And then, there are the entities that think that they can talk to, and treat the pro se litigants any way they please.

No one would be in this mess, if Fannie Mae, US Bank,Wells Fargo, Bank of America, Aurora, Litton, Taylor Bean and Whitaker, Cenlar, GMAC, Wachovia, Popular, Countrywide, MERS, and a whole slew of other entities had not gotten greedy, eased the underwriting, slacked off on checking tax forms and employment, and had not lied that the borrowers could afford it, this loan will allow you to buy the home you always wanted.

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http://www.atlantaprogressivenews.com/interspire/news/2012/05/09/3am-home-eviction-in-dekalb-sparks-outrage.html

3am Home Eviction in DeKalb Sparks Outrage

Written By: APN STAFF

5-9-2012

By Scott Brown, Special to the Atlanta Progressive News

(APN) DEKALB COUNTY — In the early morning hours of Wednesday, May 02, 2012, over twenty deputies from the Dekalb County Sheriff’s Department, under orders from Sheriff Thomas Brown, drilled the locks and kicked in the doors of the Christine Frazer’s home with guns drawn in order to evict four generations of family members.

Frazer, the homeowner, had fallen behind on her mortgage payments and was foreclosed upon in October 2011.

According to Frazer, her family members, including her 85-year-old mother and 3-year-old grandson, were told by officers to “act like it was a fire drill” and grab what they could and get out.

Frazer said they were not even allowed a shower before being escorted from her home of eighteen years at three in the morning.

She described the event as “literally a nightmare.”

Her three dogs were taken to the pound and all of her belongings were put out on the street, which police had completely closed off.

At a press conference in front of her belongings hours after the eviction, Frazer lamented, “I’ve been in this home eighteen years. My daughter was raised here. My husband died here. My grandson came home here. This is my home.”

“They came in as if they were executing a warrant to find drugs. It makes no sense,” Frazer’s lawyer, Joshua Davis, said of the eviction.

Sheriff Thomas Brown told Fox 5 television news that he attributed the unusual timing and the large number of officers used in the eviction to the presence of Occupy Atlanta protesters who had been camping in the yard for the past four months in an attempt to prevent what they described as an illegal eviction based on an illegal foreclosure.

Frazer has filed a lawsuit, which is currently pending in the Federal District Court for the Northern District of Georgia, against the company that foreclosed on her home last October, Investors One Corporation.

Ownership of the mortgage has changed three times in the past six months and, according to Frazer’s lawyer, the chain of title was broken when the previous owner of the mortgage, a bank based in Indiana, failed to uphold their legal obligation to transfer the title, rendering the foreclosure by Investors One Corporation fraudulent.

“There are judges that are in place that could have done a little research, if they’d done a little title search they’d have seen that something in the milk wasn’t clean,” Frazer said.

Frazer, 63, began to fall behind on her mortgage payments after losing her husband and her job in 2009. She has been unable to find a job ever since and is currently on early retirement social security.

Sheriff Brown told Fox 5 he gave the homeowner ample time to reach a settlement with the mortgage holder before serving the eviction notice.

Frazer said she tried to restructure the mortgage, but Investors One Corporation was uncooperative and intent on foreclosure, only offering to reinstate the loan if she was able to pay 20,000 dollars in cash. Currently she has paid over 240,000 dollars on the mortgage on a house currently appraised at only 40,000 dollars.

On Monday, May 07, 2012, in response to the early morning eviction ordered by Sheriff Thomas Brown, Occupy Atlanta held a protest in front of the Dekalb County Sheriff’s office.

At one point, more protesters pulled up in a van full of Frazer’s belongings, and Occupy Atlanta unloaded mattresses, furniture, and bags of other items that deputies had left on the curb nearly one week prior and piled them in front of the doors to the Sheriff’s Office, along with signs reading “Fraudclosure” and “Wall St. criminals are not convicted. The people are evicted.”

Standing before a pile of her belongings in front of the Sheriff’s Office during a press conference, Frazer said, “This is not just about me and my family, this is about families across America.”

Frazer is certainly not alone in her struggle to keep her home. According to Corelogic, Inc., a company specializing in financial analysis, over 1.4 million homes in the US are currently in the foreclosure process, and states like Georgia have been ground zero in the housing crisis.

A recent Case-Shiller Home Price Indices report shows Metro Atlanta home prices fell 17.3 percent between February 2011 and February 2012, a fact that is fueling the continuing foreclosure crisis in the state.

Occupy Atlanta has taken up home defense as a tactic for combating what protesters view as unfair and illegal practices by banks and the financial industry as a whole.

Leila Abadir, one of the Occupy Atlanta protesters who had been camping on the lawn at the Frazer household, says the fight is not over. Occupy Atlanta will continue to assist the Frazer family in finding proper housing, she said.

They will also keep working to shed light on what she believes to be unethical and potentially criminal activity on the part of Investors One Corporation.

According to Fox 5, after most of the protesters left the sheriff’s office, police surrounded a remaining protester’s vehicle, which they impounded for possible evidence. They issued two citations to two people for littering and arrested one of them because he did not have identification on him.

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California is going through another ‘wave’ in foreclosures

By Matthew DeBord

http://www.scpr.org/blogs/economy/2012/07/12/7025/california-going-through-another-wave-foreclosures/

Foreclosures Spike As Banks Accelerate Loan Default Notices

Kevork Djansezian/Getty Images

A for sale sign is posted in front of house in Glendale. California saw foreclosure starts pick up in June, suggesting that a new wave of defaults is underway.

For the first six months of 2012, foreclosures in California declined from the same period a year earlier. But RealtyTrac, an Irvine-based company that specializes in tracking foreclosures, reports that the state still has the fourth highest foreclosure rate in the nation. In fact, in June, default notices sent to homeowners increased from May. And year-over-year, California’s rate of foreclosure starts increased 18 percent, making it the top state for the month, the first time that California has held that slot since 2005.

I talked to RealtyTrac vice-president Daren Blomquist. He said that states with the worst foreclosure rates have remained consistent during the housing crisis. The top five haven’t moved around a lot: it’s Nevada, Arizona, Georgia, California, and Florida. He noted that the only surprise was that Georgia has moved into the top four and that Florida has slipped.

Foreclosure filings in California fell by about 11 percent in the second quarter of 2012. But in June foreclosure moved up a bit more than 12 percent over May.

Blomquist said we’ve seen this pattern before in California. He calls it a “foreclosure wave” and expects the pattern to continue, as banks cope with the national mortgage settlement that was signed into law by Gov. Jerry Brown yesterday and avoid flooding the market with foreclosures. Blomquist’s interpretation is that banks will work through their foreclosures gradually, so we’ll see activity ebb and flow.

“Lenders are looking at their loan portfolios and figuring out how many mortgages to set aside for modification,” he said. The banks are determining which ones likely won’t qualify and sending out notices of default, the first stage of the foreclosure process, to homeowners.

Regardless of how these waves are paced, the foreclosure crisis isn’t going away any time soon. At the current rate, Blomquist expects it to take until late 2013 or early 2014 before the country’s million-and-half foreclosures are in the rearview mirror.

Follow Matthew DeBord and the DeBord Report on Twitter. And ask Matt questions at Quora.

Tagged: realtytrac, notice of default, foreclosures, california, California

DeBord Report : California is going through another ‘wave’ in foreclosures | 89.3 KPCC

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http://www.atlawblog.com/2012/06/anybody-else-want-to-be-an-appeals-court-judge/

ATLaw - The Daily Report's blog about Georgia law, business and politics'

Archive for the ‘Court of Appeals’ Category

Anybody else want to be an appeals court judge?

3:48 pm, June 26th, 2012

Gov. Nathan Deal’s Judicial Nominating Commission has officially jump-started the process of filling the vacancy on the state Court of Appeals, created by yesterday’s promotion of Judge Keith Blackwell to the state Supreme Court.

The JNC’s notice says, beginning today through Friday, July 6, it will accept applications for the Court of Appeals opening from “any qualified applicant” who did not apply for the Supreme Court vacancy. The six remaining members of the short list for the Supreme Court opening automatically will be on the short list for the Court of Appeals, unless the applicant notifies the JNC he or she doesn’t wish to be considered, the notice says.

Deal spokeswoman Stephanie Mayfield told the Daily Report yesterday that those who applied for the Supreme Court but didn’t make the short list will not be considered for the Court of Appeals opening.

The notice contains the details on what those interested need to do to apply. It says the JNC will schedule interviews of new applicants “to the extent necessary.”

The members of the shortlist passed over in favor of Blackwell are DeKalb County Superior Court Judge Cynthia “C.J.” Becker; Elizabeth “Lisa” Branch, a litigator at Smith, Gambrell & Russell; Michael Brown, co-leader of Alston & Bird’s Government and Internal Investigations Group; Gwinnett County Superior Court Judge William “Billy” Ray Jr.; Macon Superior Court Judge Tilman “Tripp” Self III; and Henry County State Court Chief Judge Ben Studdard III.

Writing last night about the Blackwell appointment and Deal’s new opportunity, conservative lawyer and commentator Carrie Severino wrote for the National Review Online that she hears “great things” about Branch, noting Branch previously worked in the administration of George W. Bush.

Learn more about the Supreme Court finalists here.

Contributor: Alyson M. Palmer in Court of Appeals, Georgia Supreme Court, Judges, Judicial Nominating Commission | add commentShare  share

Court of Appeals – ATLaw

 

Hell, all we have to say about the matter, other than the obvious, is thank God Becker didn’t make it.  There is no bigger crook at DeKalb County Superior Court, than Judge Cynthia J. Becker.  See McDonald and Stegeman v. Georgia Power in DeKalb County Superior Court and see McDonald/Stegeman v. Superior Court, GA Power, et., al., in US District Court.

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http://www.dailyreportonline.com/PubArticleFriendlyDRO.jsp?id=1202561653020

Public shut out of Georgia courts

R. Robin McDonald

Daily Report

07-03-2012

Judges across Georgia are closing courtrooms to the general public, citing as reasons a lack of space and security concerns.

They are doing so even though the U.S. Supreme Court in January 2010 vacated a Georgia Supreme Court ruling that had upheld the closure of a DeKalb County courtroom and the removal of members of the public during jury voir dire. The U.S. justices said at the time that courtrooms should remain open to the public except in rare circumstances.

Since then, courtroom closures have been challenged in DeKalb, Fulton, Cobb and Towns counties in Georgia’s appellate courts. Two weeks ago, the Southern Center for Human Rights sued the Cordele Judicial Circuit, claiming that its superior court judges are continuing to bar public access to court hearings despite a consent agreement in 2004 that they would stop the practice.

The appellate challenges to closed courtrooms across the state have garnered mixed success, but Judicial Qualifications Commission officials are concerned.
Closing courtrooms, said JQC Chairman John Allen, “could be a violation” of state judicial canons “depending on the set of facts surrounding the closing.”

JQC director Jeffrey Davis told the Daily Report that in his work observing judges in action around the state, he is often met at the courtroom doors by local deputies who ask for his credentials and question why he is there.

“I’ve personally experienced the chill that members of the public would feel,” he said. “I’m a lawyer. It’s not that I’m under-dressed for court.”
Once a member of the public has passed through courthouse metal detectors or security at a courthouse entrance, Davis said, “No citizens should be questioned about the reason they are in a public courtroom.”

But, he continued, “It seems to be the modus operandi around the state for courts to have deputies who question those who are simply in the court without business before the court. People ought to be able to watch their government in action. And justice which is done in secret—or a feeling by those who are coming to the courthouse that somehow they don’t have a right to be there—chills the public’s ability not only to access the courts but also to have confidence in the judicial system.”

DeKalb County
Last year, DeKalb State Court Judge Barbara Mobley resigned her post to end a JQC ethics investigation that included allegations she had interfered with the public’s access to a public courtroom. Mobley posted signs that restricted access to court hearings and directed court personnel to ask court observers to identify themselves and state their business, “thereby chilling the public’s right to observe matters before the court,” according to the JQC’s report to the Georgia Supreme Court.

The Daily Report reported last year that Mobley was one of a number of DeKalb judges who had posted signs on their courtroom doors limiting courtroom access to criminal defendants, their lawyers and alleged victims. The sign on Mobley’s door said, “We do not have space for extra people.”

Allen told the Daily Report last week that after Mobley resigned, he asked the DeKalb judges “to please meet and reconsider their policy of automatically closing their courtrooms as opposed to making a case-by-case decision.”

“Openness of course is such a basic principle of the law in Georgia jurisprudence and U.S. constitutional jurisprudence,” Allen continued. “You erode the confidence in the integrity and fairness of the courts by closing the courts as a matter of course.”

“Ours was just a courtesy call,” he said, “so that the conduct of the court didn’t rise to the level of being egregious.”

Allen said he also reminded the DeKalb bench of the U.S. Supreme Court’s ruling in Presley v. Georgia, 130 S. Ct. 721, which slapped the Georgia Supreme Court for upholding a decision by DeKalb County Superior Court Judge Linda Hunter to close her courtroom during jury selection in a criminal case.

In its ruling vacating the Georgia decision, the U.S. Supreme Court held that the Sixth Amendment right to a public trial extends to the voir dire of prospective jurors and that, “Trial courts are obligated to take every reasonable measure to accommodate public attendance at criminal trials.”

The decision did allow for exceptions, holding that, “The right to an open trial may give way in certain cases to other rights or interests, such as the accused’s right to a fair trial or the government’s interest in inhibiting disclosure of sensitive information.”

But, it stated, “Such circumstances are rare, however, and the balance of interests must be struck with special care. The party seeking to close a hearing must advance an overriding interest that is likely to be prejudiced, the closure must be no broader than necessary to protect that interest, the trial court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure.”

Last year, DeKalb Chief State Court Chief Judge Wayne Purdom told the Daily Report that he posted signs limiting access to his courtroom on days when he heard jail pleas, when numerous prisoners were in court or on arraignment days when as many as 100 people might need seats. On those days, he said, members of the public were only admitted “by request.”

While acknowledging that courtroom access “is a public right,” Purdom told the Daily Report that “regulation of entrance to the courtroom is a case-by-case situation.”
Purdom also agreed that signs barring entry might have “a little bit of a chilling effect.” But, he continued, “I think there are limited situations where control of access is appropriate, although keeping the public out is not.”

Fulton challenges
Last month Atlanta attorney Brian Steel argued before the Georgia Court of Appeals that a judge’s decision to close a Fulton County courtroom had violated a criminal defendant’s constitutional rights.

Steel appealed the decision of then-Fulton County Superior Court Judge Marvin Arrington, who in the 2009 rape trial of Corsen Stewart apparently barred the public, including the defendant’s mother, from the courtroom during jury voir dire in a situation nearly identical to the DeKalb closure that led to the U.S. Supreme Court ruling.

Steel, who was not Stewart’s lawyer during the trial, said he took the case on appeal after Stewart’s mother came to see him, told him she had been locked out of the courtroom when attorneys were questioning potential jurors for her son’s case and burst into tears in his office.

In 2010, Steel asked the Georgia Supreme Court to overturn the 2006 Fulton County murder conviction of Travion Reed, basing one argument  on Judge Craig Schwall Sr.’s decision to close the courtroom during the testimony of two witnesses. Prosecutors countered that the courtroom’s closure was warranted because the two witnesses in question feared for their safety. A third witness in the case had been shot a short time after the murder, and a fourth witness had been threatened with a screwdriver in an attack that prosecutors claimed was likely linked to the defendant.

At the time, neither Reid nor his attorney objected. That omission proved critical to the Georgia Supreme Court which—three weeks after its decision in Presley was vacated—affirmed Schwall’s decision to bar public access to his courtroom during the testimony.

Steel did not represent Reed at his trial.

In an opinion written by Justice George Carley, the high court held 6-1 that in order to prevail, Reid “must show that he was prejudiced by counsel’s decision not to object to the brief closing of the courtroom. … Indeed, to hold otherwise would encourage defense counsel to manipulate the justice system by intentionally failing to object in order to ensure an automatic reversal on appeal.”

But Chief Justice Carol Hunstein, the lone dissenting vote, countered that, “No reason was articulated to support closing the courtroom” for the two witnesses when “closure was not sought for others who not only might have been, but actually were, placed in peril because of their testimony.”

“The trial court’s findings were clearly inadequate to support closure of the courtroom,” her dissent stated. “Moreover, the trial court failed to consider any alternatives to closure,” she said.

“Although the majority concludes that Reid has not shown prejudice,” Hunstein concluded, “Reid is not required to do so in order to obtain relief for a structural error which was a violation of the public-trial right.”

Steel said last week that “Prejudice is pretty hard to show when you’re closing a courtroom. It’s an almost unobtainable bar that the Supreme Court set.”
Steel said that in the Stewart appeal he argued before the state appellate court on June 13, “I’m challenging the Reid decision. … It’s primed to have a new discussion about it.”

Fulton County is not the only place where Steel has challenged closed courtrooms. In 2010, Steel also asked the Court of Appeals to overturn a Towns County defendant’s conviction because the judge moved jury selection to a nearby church and barred the public, including the defendant’s wife and daughter, from attending. The Court of Appeals reversed the conviction last March on other grounds without addressing the courtroom closure.

Cordele claims
Last month the Southern Center for Human Rights in Atlanta filed suit against the Cordele Judicial Circuit’s three superior court judges and the sheriffs of Ben Hill and Crisp counties in U.S. District Court in the Middle District of Georgia in Albany, claiming that county court officials are systemically barring the public from criminal court hearings that they say should be open to the public.

Stephen Bright, the center’s president and senior counsel, noted that in 2003, as part of a larger civil rights suit on behalf of the county’s indigent defendants, the Southern Center accused circuit officials of restricting public access to the courts. But Bright said the 2003 suit was dismissed in 2004 after circuit officials promised that courtrooms would remain open.

John Pridgen, chief superior court judge of the Cordele Circuit and a defendant in both suits, has called the 2003 allegations “complete fabrications” claiming, “There was never anything inappropriate about what we did then and what we do now.”

Another Cordele Circuit judge noted in a letter filed with the Southern Center’s complaint that the courtroom in the Crisp County Law Enforcement Center is particularly small, with limited seating.

Southern Center attorney Gerry Weber told the Daily Report last month that the center also has received anecdotal evidence that other courtrooms are being closed “in a lot of different places” across the state and is launching an investigation to determine the extent of the problem.

‘Keeps us free’
Courtroom public access issue came to the fore in Cobb County last year, when former Governor Roy Barnes secured the dismissal of an indictment against the CEO of the Cobb EMC because the grand jury presentments were made inside the new courthouse while its doors were locked and deputies barred access via a separate catwalk entrance.

The Georgia Court of Appeals upheld the indictment’s dismissal in March, ruling that, “The Georgia Supreme Court has held that any failure to return the indictment in open court is per se injurious to the defendant.”

Former Georgia Supreme Court Chief Justice Leah Ward Sears, who dissented in the state Supreme Court’s Presley decision, said in an interview with the Daily Report that the U.S. Supreme Court opinion vacating Georgia’s Presley decision “made it pretty clear … that you cannot, as a matter of policy, close courtrooms.”
In her dissent in Presley, Sears specifically addressed arguments based on lack of space.

“A room that is so small that it cannot accommodate the public,” she wrote, “is a room that is too small to accommodate a constitutional criminal trial.”
But the former chief justice, now a partner at Schiff Hardin, told the Daily Report that judges still may close a courtroom “in very narrow circumstances.” But their reasons  for doing so, “have to be well articulated,” she said. “It has to be on a case-by-case basis … It also has to be a last resort.”

Sears said she doesn’t belittle judges who struggle with issues of space and security.

“That’s what created the majority in the Presley case,” she said. “It wasn’t that the judges felt you should keep people out. They saw what a problem it was in these tiny courtrooms trying to manage things. You get very sympathetic when a trial judge is trying to … keep things secure.”

The issue, she explained, is one of competing values. But to trump the value of open courtrooms, she said, “would take some effort. … Public access is one of the cornerstones of our democracy. It’s what keeps us free.” 

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Daily Report: Public shut out of Georgia courts

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GEORGIA ON MY MIND..>..

Tuesday, June 12, 2012Last Update: 7:06 AM PT

Squirrely Ethics in Georgia, Former Exec Says

By IULIA FILIP

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ATLANTA (CN) – A former executive claims in court that the Georgia Ethics Commission fired her for trying to investigate a gubernatorial candidate’s violations of campaign finance laws.
     Stacey Kalberman claims the chairman of the state ethics commission board, who was the candidate’s appointee, retaliated against her to deter the investigation and promote his political career.
     Kalberman sued the Georgia Government Transparency and Campaign Finance Commission fka Georgia State Ethics Commission, Executive Secretary Holly LaBerge and Chairman Patrick Millsaps, in Fulton County Superior Court.
     The state ethics commission oversees campaign funding and spending of elected officials and lobbyists.
     Kalberman was executive secretary of the commission from April 2010 until June 2011, when she says she was “forced out of her job”.
     As executive secretary, Kalberman managed the commission’s administrative, legal and investigatory functions, including investigations of complaints under the Georgia Campaign Finance Act, according to her complaint.
     “Between March and May of 2010, Kalberman became aware of three third-party complaints made against a gubernatorial candidate (the ‘candidate’) concerning his campaign’s compliance with the Georgia Campaign Finance Act,” the complaint states.
     “The candidate had reappointed Millsaps to his position on the commission.
     “The commission’s investigation revealed troubling irregularities with the candidate’s campaign financial disclosures.”
     After the candidate’s counsel ignored her request for documents, Kalberman says, she prepared draft subpoenas for the commission’s review.
     Kalberman says she discussed the subpoenas with Millsaps at least four times and told him that “the candidate’s campaign had possibly violated campaign contribution limits on many occasions.” But she says Millsaps asked her to keep the matter in “strict confidence” and refused to sign the subpoenas.
     Kalberman claims that in June 2011, less than 3 weeks after she provided the subpoenas to the commissioners, Millsaps asked her to meet him to discuss the commission’s budget.
     But instead of discussing the budget, Millsaps told her the commission was cutting her salary by 35 percent and eliminating the position of deputy secretary, filled by Kalberman’s chief investigator, according to the complaint.
     “At the June meeting, it was obvious to Kalberman that Millsaps’ sudden ‘budget cut’ was retaliation against her for pursuing the ethics investigation into the candidate,” the complaint states. “Kalberman, exhausted from previous weeks of dealing with her mother’s diagnosis of stage IV metastatic breast cancer, became emotional and stated she could not work for the drastic reduction in salary Millsaps proposed.
     “At no time did Kalberman resign her employment with the commission.”
     Kalberman says that though she denied she had resigned, Millsaps sent her an email saying that the commission had accepted her “resignation.”
     She says Millsaps refused to return her phone calls or further discuss the proposed budget cuts with her.
     “Millsaps then began maliciously spreading false rumors to the press and to the public that Kalberman had resigned from her position during the June meeting,” the complaint states.
     “On June 15, 2011, Kalberman sent a detailed email to Millsaps outlining several alternative plans for restructuring the budget to avoid Millsaps’ proposed cuts.
     “Kalberman also indicated in her email that she felt that Millsaps’ alleged ‘budgetary concerns’ were pretextual to hide his real reason for removing Kalberman from her position: to deter the investigation into the candidate. Kalberman made it clear to Millsaps that she planned to proceed with her job duties, which included the investigation.
     “Millsaps ignored Kalberman’s overtures to discuss the commission’s budget, leaked Kalberman’s email to the press, and told the press that Kalberman had resigned from her position and that she behaved badly by becoming ‘upset’ at the June meeting. In addition, Millsaps misled the press when he reported he could not really remember if he ever received the candidate’s subpoenas.”
     Kalberman says the commission enacted Millsaps’ proposed cuts and forced her to resign, claiming her authority had been compromised.
     The complaint adds: “Kalberman’s resignation as executive secretary amounted to a constructive termination because the commission, and specifically Millsaps, forced her out of her job and made it clear she would be rendered powerless, amounting to nothing more than a figurehead.”
     Kalberman says Millsaps’ statements to the press hurt her reputation and prevented her from getting similar ethics-related jobs.
     She seeks compensatory and punitive damages for retaliation under the Georgia Whistleblower Act and intentional infliction of emotional distress.
     She is represented by Kimberly Worth with Joyce Thrasher Kaiser & Liss.

Courthouse News Service

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AG Biden Says $25B Settlement Not the End, Securitization Next

mortgagenewsdaily.com | May 16, 2012

Delaware Attorney General Beau Biden said recently that the states’ attorneys general need to make it clear that the recent $25 billion settlement with five major banks is the beginning not the end of their enforcement actions.   Biden, speaking on MSNBC’s Morning Joe said the savings and loan crisis cost the economy $168 billion and 1,000 people went to jail.  “This crisis, which was man made,” he said, “cost the economy trillions and I can’t really find anyone who has been held accountable.”

Show co-host Willie Geist asked Biden who he was focusing on, who did he think should be in jail?  Biden said one area he, New York Attorney General Eric T. Schneiderman and others are looking at is the securitization aspect, “whether or not there were false securities, mortgage-backed securities, sold to investors.  That affects borrowers as well.”

He noted that Missouri Attorney General Chris Koster recently indicted DOCX and its CEO Lorraine Brown.  This is relevant, Biden said, because this woman has become famous, on 60 Minutes and so forth, because she signed thousands upon thousands of foreclosure affidavits.  “Chris Costner indicted her for forgery.  That’s the kinds of thing we need to begin to do.”  He said that investigations need to go beyond robo-signing and that people must be held accountable.  “People are angry,” he said.  “Republicans, Democrats, Tea Partiers and 99 Percenters are all angry that no one has been held accountable for something they know is obviously fraught.  And that’s my job as AG.”

Certified Forensic Loan Auditors, LLC | AG Biden Says $25B Settlement Not the End, Securitization Next

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Tuesday, April 17, 2012

Loan Officer Pleads Guilty for Role in Mortgage Fraud Scheme That Resulted in More Than $6.5 Million in Losses

WASHINGTON – A loan officer for a Florida mortgage company pleaded guilty late yesterday in the Southern District of Florida to one count of conspiracy to commit wire fraud for his role in a mortgage fraud scheme, Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida and Department of Housing and Urban Development (HUD) Inspector General David A. Montoya announced today. 
Alejandro Curbelo, 32, aka Alex Curbelo, of Miami, pleaded guilty before U.S. District Judge Joan Lenard.  Curbelo was indicted and arrested on Jan. 24, 2012.

According to court documents, from approximately February 2006 through July 2008, Curbelo was employed as a loan officer for Great Country Mortgage Bankers.  In this role, he assisted in the sales and financing of condominium units at two complexes in Florida – Dadeland Place and Pelican Cove on the Bay.  The borrowers Curbelo assisted at these two complexes were unqualified to obtain mortgage loans due to insufficient income, high levels of debts and outstanding collections. 

Curbelo admitted that he conspired with others to create and submit false and fraudulent Federal Housing Administration (FHA) mortgage loan applications and accompanying documents to a lender on behalf of the unqualified borrowers.  Curbelo and others offered the borrowers cash back after closing as an incentive for them to purchase the units.  These payments were not disclosed properly during the loan application process.  According to court documents, the closing costs were paid on behalf of the borrowers by interstate wire.  After the loans closed, the unqualified borrowers failed to meet their monthly mortgage obligations and defaulted on their loans. 

According to court documents, when the loans went into foreclosure, HUD, which insured the loans, was required to take title to the units and pay the outstanding loan balances to the lenders.  As of the date of the plea agreement, the actual loss related to Curbelo’s conduct that was paid by HUD was more than $6.5 million.

Curbelo is scheduled to be sentenced on June 25, 2012.  He faces a maximum prison sentence of 20 years. 

This case was investigated by the HUD Office of Inspector General, as participants in the Miami Mortgage Fraud Strike Force.  Trial Attorney Mary Ann McCarthy of the Fraud Section in the Justice Department’s Criminal Division is prosecuting the case with assistance from the U.S. Attorney’s Office for the Southern District of Florida.
This prosecution is part of efforts under way by the Financial Fraud Enforcement Task Force.  President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources.  The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes.

For more information on the task force, visit www.StopFraud.gov.

USDOJ: Loan Officer Pleads Guilty for Role in Mortgage Fraud Scheme That Resulted in More Than $6.5 Million in Losses

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http://www.naturalnews.com/034537_NDAA_Bill_of_Rights_Obama.html

rights

R.I.P. Bill of Rights 1789 – 2011

Sunday, January 01, 2012
by Mike Adams, the Health Ranger
Editor of NaturalNews.com
(See all articles…)

(NaturalNews) One of the most extraordinary documents in human history — the Bill of Rights — has come to an end under President Barack Obama. Derived from sacred principles of natural law, the Bill of Rights has come to a sudden and catastrophic end with the President’s signing of the National Defense Authorization Act (NDAA), a law that grants the U.S. military the “legal” right to conduct secret kidnappings of U.S. citizens, followed by indefinite detention, interrogation, torture and even murder. This is all conducted completely outside the protection of law, with no jury, no trial, no legal representation and not even any requirement that the government produce evidence against the accused. It is a system of outright government tyranny against the American people, and it effectively nullifies the Bill of Rights.

In what will be remembered as the most traitorous executive signing ever committed against the American people, President Obama signed the bill on New Year’s Eve, a time when most Americans were engaged in the consumption of alcohol. It seems appropriate, of course, since no intelligent American could accept the tyranny of this bill if they were sober.

This is the law that will cement Obama’s legacy in the history books as the traitor who nullified the Bill of Rights and paved America’s pathway down a road of tyranny that will make Nazi Germany’s war crimes look like child’s play. If Bush had signed a law like this, liberals would have been screaming “impeachment!”

Why the Bill of Rights matters

While the U.S. Constitution already limits the power of federal government, the Bill of Rights is the document that enumerates even more limits of federal government power. In its inception, many argued that a Bill of Rights was completely unnecessary because, they explained, the federal government only has the powers specifically enumerated to it under the U.S. Constitution. There was no need to have a “First Amendment” to protect Free Speech, for example, because there was no power granted to government to diminish Free Speech.
This seems silly today, of course, given the natural tendency of all governments to concentrate power in the hands of the few while destroying the rights and freedoms of their own people. But in the 1780’s, whether government could ever become a threat to future freedoms was hotly debated. By 1789, enough revolutionary leaders had agreed on the fundamental principles of a Bill of Rights to sign it into law. Its purpose was to provide additional clarifications on the limitation of government power so that there could be absolutely no question that government could NEVER, under any circumstances, violate these key principles of freedom: Freedom of speech, the right to bear arms, freedom from illegal searches, the right to remain silent, the right to due process under law, and so on.

Of course, today’s runaway federal government utterly ignores the limitations placed on it by the founding fathers. It aggressively and criminally seeks to expand its power at all costs, completely ignoring the Bill of Rights and openly violating the limitations of power placed upon it by the United States Constitution. The TSA’s illegal searching of air travelers, for example, is a blatant violation of Fourth Amendment rights. The government’s hijacking of websites it claims are linking to “copyright infringement” hubs is a blatant violation of First Amendment rights. The government’s demand that all Americans be forced to buy private health insurance is a blatant violation of Article 1, Section 8 of the Constitution — the “commerce clause.”
Now, with the passage of the NDAA, the federal government has torpedoed the entire Bill of Rights, dismissing it completely and effectively promising to violate those rights at will. As of January 1, 2012, we have all been designated enemies of the state. America is the new battleground, and your “right” to due process is null and void.

Remember, this was all done by the very President who promised to close Guantanamo Bay and end secret military prisons. Not only did Obama break that campaign promise (as he has done with nearly ALL his campaign promises), he did exactly the opposite and has now subjected all Americans to the possibility of government-sponsored kidnapping, detainment and torture, all under the very system of secret military prisons he claimed he would close!

“President Obama’s action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law,” said Anthony D. Romero, executive director of the American Civil Liberties Union.

Obama’s signing statement means nothing

Even while committing an act of pure treason in signing the bill, the unindicted criminal President Obama issued a signing statement that reads, in part, “Moving forward, my administration will interpret and implement the provisions described below in a manner that best preserves the flexibility on which our safety depends and upholds the values on which this country was founded…”

Anyone who reads between the lines here realizes the “the flexibility on which our safety depends” means they can interpret the law in any way they want if there is a sufficient amount of fear being created through false flag terror attacks. Astute readers will also notice that Obama’s signing statement has no legal binding whatsoever and only refers to Obama’s momentary intentions on how he “wishes” to interpret the law. It does not place any limits whatsoever on how a future President might use the law as written.

“The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield,” says the ACLU (http://www.aclu.org/blog/national-security/president-obama-signs-inde…).

What this means is that the next President could use this law to engage in the most horrific holocaust-scale mass round-up of people the world has ever seen. The NDAA legalizes the crimes of Nazi Germany in America, setting the stage for the mass murder of citizens by a rogue government.

United States of America becomes a rogue nation, operating in violation of international law

Furthermore, the NDAA law as written and signed, is a violation of international law as it does not even adhere to the fundamental agreements of how nations treat prisoners of war:  “…the breadth of the NDAA’s detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war” says the ACLU (http://www.aclu.org/blog/national-security/president-obama-signs-inde…).

In 1789, today’s NDAA law would have been called “treasonous,” and those who voted for it would have been shot dead as traitors. This is not a call for violence, but rather an attempt to provide historical context of just how destructive this law really is. Men and women fought and died for the U.S. Constitution and the Bill of Rights. People sacrificed their lives, their safety and risked everything to achieve the freedoms that made America such a great nation. For one President to so callously throw away 222 years of liberty, betraying those great Americans who painstakingly created an extraordinary document limiting the power of government, is equivalent to driving a stake through the heart of the Republic.

In signing this, Obama has proven himself to be the most criminal of all U.S. Presidents, far worse than George W. Bush and a total traitor to the nation and its People. Remember, Obama swore upon a Bible that he would “protect and defend the Constitution against all enemies, foreign and domestic,” and yet he himself has become the enemy of the Constitution by signing a law that overtly and callously nullifies the Bill of Rights.

This is nothing less than an act of war declared on the American people by the executive and legislative branches of government. It remains to be seen whether the judicial branch will go along with it (US Supreme Court).

Origins of the Bill of Rights

The Bill of Rights, signed in 1789 by many of the founding fathers of our nation, was based on the Virginia Declaration of Rights, drafted in 1776 and authored largely by George Mason, one of the least-recognized revolutionaries who gave rise to a nation of freedom and liberty.

Mason was a strong advocate of not just states’ rights, but of individual rights, and without his influence in 1789, we might not even have a Bill of Rights today (and our nation would have slipped into total government tyranny all the sooner). In fact, he openly opposed ratification of the U.S. Constitution unless it contained a series of amendments now known as the Bill of Rights

(http://en.wikipedia.org/wiki/George_Mason)
SECTION ONE of this Virginia declaration of rights states:  “That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.”

(http://www.constitution.org/bcp/virg_dor.htm)
Section Three of the declaration speaks to the duty of the Citizens to abolish abusive government:

“That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.”

By any honest measure, today’s U.S. government, of course, has overstepped the bounds of its original intent. As Mason wrote over 200 years ago, the People of America now have not merely a right but a duty to “reform, alter or abolish it,” to bring government back into alignment with its original purpose — to protect the rights of the People.

Obama violates his Presidential Oath, sworn before God

Article II, Section I of the United States Constitution spells out the oath of office that every President must take during their swearing in:  “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”


In signing the NDAA law into office, Obama has blatantly and unambiguously violated this sacred oath, meaning that his betrayal is not merely against the American people, but also against the Divine Creator.

Given that the Bill of Rights is an extension of Natural Law which establishes a direct heritage of sovereign power from the Creator to the People, a blatant attack upon the Bill of Rights is, by any account, an attack against the Creator and a violation of universal spiritual principles. Those who attempt to undermine the Bill of Rights are attempting to invalidate the relationship between God and Man, and in doing so, they are identifying themselves as enemies of God and agents of Evil.

Today, as 2012 begins, we are now a nation led by evil, and threatened with total destruction by those who would seek to rule as tyrants. This is America’s final hour. We either defend the Republic starting right now, or we lose it forever.

R.I.P. Bill of Rights 1789 – 2011

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http://www.lawlessamerica.com/index.php?option=com_content&view=article&id=817:city-of-roswell-georgia-bullies-andrew-wordes-to-death-over-his-backyard-chickens&catid=117:news-reports&Itemid=219Sick smile

City of Roswell, Georgia bullies Andrew Wordes to death over his backyard chickens

City of Roswell, Georgia bullies Andrew Wordes to death over his backyard chickens

Tuesday, 10 April 2012 11:54
William M. Windsor
  • wordes-andrew

Andrew Wordes, an innocent man who had legally been raising a few dozen chickens and other small birds in the backyard of his suburban Atlanta home, is now dead, following a crusade of terror perpetrated against him by the City of Roswell Georgia.

Andrew Wordes, who died during a recent raid on his property in which county marshals tried to illegally evict him, was the obvious victim of a rogue state gone mad — and his blood is now on the hands of the Roswell City Administrator, the Roswell City Council, and the Roswell Police Department, all of which robbed from Wordes his property, his livelihood, and ultimately his life.

See the NaturalNews infographic timeline of events that documents the escalation that ultimately led to Mr. Andrew Wordes’ death: http://www.naturalnews.com

Andrew Wordes had long raised his small poultry friends in the backyard of his one-acre property at 335 Alpine Drive in Roswell, Georgia, sharing eggs, chicks, and friendly words of wisdom and encouragement with his neighbors and with local schoolchildren all along the way. Andrew Wordes was very active in his local community, having organized a North Georgia Pet Chicken “Meetup” group, and founded a chicken breeding club. His friends and neighbors described him as a generous, kind, and loving man who was always willing to lend a hand, and who would have given you the shirt off his back if you needed it.

But Andrew Wordes met his unjust fate on March 26, 2012, after roughly four years of enduring illicit and seemingly-endless abuse, bullying, threats, and unsubstantiated legal action taken against him by Roswell city officials with an apparent axe to grind. And after losing his birds, his freedom, his entire life savings, his property, and his livelihood as a result of the City of Roswell’s sadistic war against him, Andrew Wordes ended up losing his life as a result of an explosion that occurred during the final eviction raid carried out by Fulton County marshals.

City of Roswell targets Wordes for standing up for his rights, identifies his property on planning map as future ‘green space’

The saga allegedly began in 2008 when a disgruntled neighbor of Andrew Wordes reportedly complained to the city about Wordes raising chickens, button quail, and other small creatures in his backyard. The City of Roswell responded by issuing Andrew Wordes a citation for his chickens, even though the city’s Code of Ordinances specifically provisioned at the time that property owners on less than two acres of land could legally raise chickens and swine.

With the help of Roswell’s Mayor Jere Wood, a lawyer friend of Andrew Wordes who also raises chickens himself, Wordes was able to get the citation issued against him dismissed in court. But the firestorm of childish retaliation and rage that quickly ensued as a result of Andrew Wordes standing up for himself and his rights, rather than capitulating to the city’s tyrannical and mindless demands that he get rid of his chickens, will likely go down as one of the most tragically absurd abuses of power in the history of local government.

After it became clear that Andrew Wordes was not about to let the City of Roswell trample all over him and his rights, several city officials allegedly kicked their vendetta against him into high gear, not only to forcibly have Wordes’ chickens removed, but also to seize his property right out from under him. After failing twice to get Andrew Wordes nabbed for their made-up code violations, the City of Roswell actually rewrote the law to prohibit residents from raising more than six chickens in an effort to seal the deal.

But even this failed, as a judge later ruled that Andrew Wordes, who had been in his home for more than a decade raising chickens, would be “grandfathered in” under the old provisions which allowed for residents to raise backyard chickens. So the City of Roswell switched gears again and began to play even dirtier by getting Andrew Wordes arrested for petty violations, and proceeding to reclassify his property on their long-term planning map as future green space.

You can view the City of Roswell’s2030 Comprehensive Plan, which demarcates Wordes’ property as future “Conservation Area or Greenspace” here:
http://www.roswellgov.com/index.aspx?NID=893

So it appears as though the City of Roswell used the supposed neighbor complaint as an excuse to pursue Andrew Wordes’ property for the purpose of eventually turning it into parks and green space. This would explain why the city failed to properly maintain storm water infrastructure near Wordes’ property, which resulted in his property becoming severely flooded at least a dozen times, and eventually uninhabitable.

City of Roswell refuses to submit Andrew Wordes’ request for FEMA assistance following severe flooding, issues citation when he attempts to protect his home

Not only did the City of Roswell fail to abide by legal guidelines that required it to maintain storm water infrastructure around Wordes’ property, but the city added insult to injury by refusing to file paperwork to the U.S.Federal Emergency Management Agency(FEMA) following a flood that caused severe damage to Andrew Wordes’ home, which is also located on a floodplain. As a result, he had no means by which to fix the damage.

And when Andrew Wordes attempted to protect his property from future flood damage by grading his land with a Bobcat, which he borrowed from his friend Mayor Wood, the City of Roswell actually had the audacity to issue Wordes a citation for grading his land without a permit, and for having too many cars on his property at the time.

City of Roswell Code Enforcement Supervisor violates law by contacting Andrew Wordes’ mortgage holder, coercing her into selling mortgage note

From this point on, City of Roswell officials began harassing Andrew Wordes, and the local police department began to surveil his house on a regular basis, watching closely for anything that might be considered a violation. In the process, he was pulled over and even thrown in jail on numerous occasions.

In violation of the Fair Debt Collection Practices Act and several other laws, Roswell Code Enforcement Supervisor Vicki Barclay (http://www.roswellgov.com/index.aspx?NID=94) allegedly called Wordes’ mortgage holder, an 80-year-old woman, and coerced her into selling Wordes’ mortgage note for 40 cents on the dollar to another mortgage holder by threatening to issue liens, citations, and grievances on the property if she failed to comply. Barclay is the same city official who had illegally tried to issue Wordes a citation for his chickens from the very beginning.

Having failed at all other attempts to seize his property, the City of Roswell then filed a zoning violation against Wordes claiming that his property was a “nuisance.” The city also filed a 55-page civil lawsuit against Andrew Wordes, which conveniently denied him the right to a city-funded public defender who was supposed to represent him in legal dealings involving the city.

Even with former Georgia Governor Roy Barnes on his side, Andrew Wordes was rapidly losing the ability to fend off these ravenous wolves in the City of Roswell government that were hellbent on forcing him off his property for their own devious purposes. And Roswell City Administrator Kay G. Love (http://www.roswellgov.com/Directory.aspx?EID=3), Roswell City councilmember Becky Wynn (http://www.roswellgov.com/directory.aspx?EID=6), Roswell City councilmember Rich Dippolito (http://richforroswell.com/about-rich.php), and Roswell Code Enforcement Supervisor Vicki Barclay (http://www.roswellgov.com/index.aspx?NID=94) all played a key role in making this happen, according to accounts.

Andrew Wordes’ home vandalized, chickens poisoned while he attends political rally

The madness did not stop at Andrew Wordes’ property, however, as even his animals eventually got caught in the fray of the City of Roswell’s campaign of terror. According to reports, Andrew Wordes’ home was vandalized in 2011 while he was attending a local political rally, and when he returned, he found that his animals had also been poisoned. Roughly one-third of his animals, which included turkeys, chicks, and adult chickens, ended up dying as a result of this poisoning.

Andrew Wordes filed a police report in response to these crimes, but the Roswell police department never pursued the case, and it was never determined who committed them. Consequently, Wordes lost a significant portion of his income and livelihood as a result of the mysterious deaths, which made his already-burgeoning financial problems even worse.

City of Roswell jails Wordes for 99 days, proceeds to evict him from property using phony foreclosure notice

After attacking him from practically all angles and nabbing him for every single petty violation they could think of, the City of Roswell finally ended up jailing Wordes for a whopping 99 days. And immediately after Wordes was jailed, the City of Roswell issued a public press release letting the public know that Wordes’ house was now “vacant,” a purely vindictive move that had terrifying consequences.

Within just a few hours of the announcement, Wordes’ house was vandalized and looted. Even though the City of Roswell promised to keep an eye on the property after issuing the press release, criminals were somehow able to steal Wordes’ firearms and weapons, ammunition, and other valuables, which put the entire community at risk.

During this time, Wordes was refused the ability to proceed with the bankruptcy filings that would have halted the illegal foreclosure on his property which, conveniently for the City of Roswell, was moving forward during his time in jail. As pointed out by Maggie West Bean writing forExaminer.com, the foreclosure paperwork was not even legal to begin with, as it lacked necessary information proving its validity (http://www.examiner.com).

After finally being released, Wordes was left with an uninhabitable house and property, no more animals, no more money, and a pending eviction notice illegally issued by the ruthless criminals at the City of Roswell. Throughout the process, Wordes was denied all his rights to defend himself, denied his right to defend his property against illegal foreclosure, and denied his right to pursue any sort of justice in the matter.

During a February interview with Rusty Humphries, a radio talk show host on WGST 640 in Atlanta, a desperate Wordes explained his dire situation at that point, and issued one of his final pleas for help. You can listen to that interview at either of the following two links:
http://airbornecombatengineer.typepad.com
http://www.youtube.com/watch?feature=player_embedded&v=D0Md7aIudZE

You can also read a post written by Andrew Wordes himself back in 2009 here:
http://www.backyardchickens.com

After being denied the ability to fight back against illegal foreclosure, county marshals swoop in on Andrew Wordes’ property to evict him, culminating in his death

At the end of his rope and facing insurmountable and unrelenting oppression, Wordes’ final hours were spent in his unlivable home, where Fulton County marshals staged an elaborate demonstration of police state force by illegally raiding Wordes’ property.

According to reports, the standoff concluded when Wordes finally told television reporter Mike Petchenik, who he had called to the scene by phone, to have the marshals leave the property. Moments later, an explosion was heard, and Wordes’ house became engulfed in flames.

When it was safe to go inside, responders found a body inside the home, which was later identified as being that of Wordes. And though the incident appears to have been a desperate suicide, which is how some reports categorized it right off the bat, others are worded as to leave room for the potential possibility of foul play.

City of Roswell must be held responsible for its crimes

While it has not yet been determined whether Wordes’ death was a suicide or a murder, it is clear that the City of Roswell has a whole lot of explaining to do concerning its role in the escalation of this situation over the past four years.

As usual, mainstream media reports about the saga fail to mention how the City of Roswell committed numerous criminal acts in its illegal pursuit of Wordes, or how the city is now officially lying, on record, by claiming that it played no part in working behind the scenes to transfer Wordes’ mortgage and foreclose on his property.

Nevertheless, the truth must come out about this case, and those involved in perpetrating it brought to justice. And this, of course, will start with a full investigation into the dealings of Roswell City Administrator Kay G. Love (http://www.roswellgov.com/Directory.aspx?EID=3), Roswell City councilmember Becky Wynn (http://www.roswellgov.com/directory.aspx?EID=6), Roswell City councilmember Rich Dippolito (http://richforroswell.com/about-rich.php), and Roswell Code Enforcement Supervisor Vicki Barclay (http://www.roswellgov.com/index.aspx?NID=94), as well as Roswell city attorneys and the Roswell Police Department, in the case.

It is unfortunate that NaturalNews only just now learned about the Wordes saga after the man’s death, as it may have been possible to help him earlier on by raising awareness about the injustices being perpetrated against him. But at the very least, we can all fight for justice now by banding together to make sure the facts come to light, and the criminals involved punished for their crimes.

The case also serves as a reminder to others who might be enduring similar harassment to speak up now about what they are going through. The reason why news sites like NaturalNews, InfoWars and others exist is to draw attention to issues like this, and to bring what goes on in the darkness to light — so if you or somebody you know is facing similar harassment by city officials, tell us about it!

Also, be sure to read the following memoriam written by Glenn Horowitz at American Daily Herald about the Wordes case. Horowitz was personally involved in trying to help Wordes in years past, and has put together an excellent summary of the events that took place over the last four years: http://www.americandailyherald.com

See the NaturalNews infographic timeline of events that documents the escalation that ultimately led to Mr. Wordes’ death:

http://www.naturalnews.com

Sources for this article include:

http://www.americandailyherald.com

http://www.examiner.com

http://airbornecombatengineer.typepad.com

http://www.backyardchickens.com

http://www.youtube.com/watch?feature=player_embedded&v=D0Md7aIudZE

http://theperspicaciousconservative


William M. Windsor

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I Support Honesty in Government and the rights we were granted under the Constitution and Bill of Rights Petition | GoPetition

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Company Faces Forgery Charges in Mo. Foreclosures

By GRETCHEN MORGENSON
Published: February 6, 2012

One of the largest companies that provided home foreclosure services to lenders across the nation, DocX, has been indicted on forgery charges by a Missouri grand jury — one of the few criminal actions to follow reports of widespread improprieties against homeowners.

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Kelley McCall/Associated Press

Chris Koster, the Missouri attorney general, is investigating DocX.

A grand jury in Boone County, Mo., handed up an indictment Friday accusing DocX of 136 counts of forgery in the preparation of documents used to evict financially strained borrowers from their homes. Lorraine O. Brown, the company’s founder and former president, was indicted on the same charges.

Employees of DocX, a unit of Lender Processing Services of Jacksonville, Fla., executed and notarized millions of mortgage documents for big banks and loan servicers over the years. Lender Processing closed the company in April 2010, after evidence emerged of apparent forgeries in these documents, a practice now called robo-signing.

Chris Koster, the Missouri attorney general, will prosecute the case. “The grand jury indictment alleges that mass-produced fraudulent signatures on notarized real estate documents constitutes forgery,” Mr. Koster said in a statement. “Today’s indictment reflects our firm conviction that when you sign your name to a legal document, it matters.”

Mr. Koster said his office’s investigation was continuing. This suggests he may hope to persuade Ms. Brown to cooperate in his investigation of the parent company. If convicted, Ms. Brown could face up to seven years in prison for each forgery count. DocX could be fined up to $10,000 for each forgery conviction.

Scott Rosenblum, a lawyer at Rosenblum, Schwartz, Rogers & Glass who represents DocX said: “We have not had an opportunity to review the indictment at this point. The company intends to enter a plea of not guilty.”

According to the indictment, Ms. Brown acted “knowingly in concert with DocX and its employees” to mislead and defraud the Boone County recorder of deeds. The documents central to the indictments were deeds of release, which eliminate a previous claim on an asset. Such releases are typically issued when a mortgage has been paid off.

A lawyer for Ms. Brown said that she intends to enter a not guilty plea and that she had no criminal intent.

Since evidence of pervasive foreclosure improprieties emerged, state officials have mostly brought civil suits against the institutions and law firms that filed the fraudulent documents. Individuals in Nevada, for example, have been charged with notary fraud, but beyond that matter, criminal cases arising from foreclosure practices have been uncommon.

The Missouri grand jury found that the person whose name appeared on 68 documents executed on behalf of a lender — someone named Linda Green — was not the person who had signed the papers. The documents were submitted to the Boone County recorder of deeds as though they were genuine, Mr. Koster said.

A recent civil lawsuit against Lender Processing by the attorney general of Nevada found that former workers at one of its divisions had described their work as “surrogate signers.” One worker who was quoted in the complaint said she had been paid $11 an hour and told that her job was “to sign somebody else’s signature on documents.” The person said she had signed roughly 2,000 documents a day for months, according to the lawsuit.

In addition to deed releases, DocX surrogate signers routinely executed assignments of mortgage, which reflect changes in ownership.

The indictment is only the latest legal assault on the company and its parent, Lender Processing. In August 2011, American Home Mortgage Servicing, a large loan servicer, sued Lender Processing contending that more than 30,000 residential mortgages that it had handled across the country contained “improper execution, notarization and recording of assignments of mortgage.” DocX executed such paperwork for American Home from April 2008 through November 2009, the lawsuit said.

Last April, Lender Processing signed a consent order with the nation’s top financial regulators, agreeing to remediate improperly executed mortgage documents and to correct its default business practices. Michelle Kersch, a Lender Processing spokeswoman, said recently that the company now executed documents “with stringent controls in place” to ensure compliance with all rules.

This article has been revised to reflect the following correction:

Correction: February 8, 2012

An article on Tuesday about indictments on forgery charges of the loan processing firm DocX and its founder and former president, Lorraine O. Brown, misstated the given name for the lawyer representing the company. He is Scott Rosenblum, not Chris. (The lawyer defending Ms. Brown is Chris Rosenbloom.)

A version of this article appeared in print on February 7, 2012, on page B1 of the New York edition with the headline: Company Faces Forgery Charges in Foreclosures in Missouri.

DocX Faces Foreclosure Fraud Charges in Missouri – NYTimes.com

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http://mobile.bloomberg.com/news/2012-02-07/lender-processing-unit-indicted-in-missouri-for-forging-mortgage-documents

Lender Processing Unit Indicted in Missouri for Forging Mortgage Documents

By Phil Milford
February 07, 2012 8:24 AM EST

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Docx LLC, a unit of Lender Processing Services Inc., was charged in Missouri with forgery and making a false declaration related to mortgage documents it processed.

A Boone County grand jury handed down the 136-count indictment against Docx and founder Lorraine Brown alleging that a person whose name appears on 68 notarized deeds of release didn’t actually sign the paperwork, Missouri Attorney General Chris Koster said in a statement yesterday.

“When you sign your name to a legal document, it matters,” Koster said. “Mass-producing fraudulent signatures on millions of real estate documents across America constitutes forgery.”

Lender Processing, based in Jacksonville, Florida, says about half of all U.S. mortgages by dollar volume are serviced using its loan-servicing platform.

Michelle Kersch, a Lender Processing spokeswoman, didn’t immediately return phone and e-mail messages seeking comment on the indictment. The indictment was reported earlier in the New York Times.

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

Lender Processing Unit Indicted in Missouri for Forging Mortgage Documents- Bloomberg

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http://www.nytimes.com/2012/02/05/business/mortgage-tornado-warning-unheeded.html?_r=2&ref=business

A Mortgage Tornado Warning, Unheeded

Gary Bogdon for The New York Times

After his own experience dealing with a mortgage mess, Nye Lavalle set out to learn all he could about the mortgage industry, traveling nationwide to dig into records. In 2003, he compiled a dossier of practices at Fannie Mae. In hindsight, the problems he found look like a blueprint of today’s foreclosure crisis.

By GRETCHEN MORGENSON
Published: February 4, 2012

YEARS before the housing bust — before all those home loans turned sour and millions of Americans faced foreclosure — a wealthy businessman in Florida set out to blow the whistle on the mortgage game.

His name is Nye Lavalle, and he first came to attention not in finance but in sports and advertising. He turned heads in marketing circles by correctly predicting that Nascar and figure skating would draw huge followings in the 1990s.

But after losing a family home to foreclosure, under what he thought were fishy circumstances, Mr. Lavalle, founder of a consulting firm called the Sports Marketing Group, began a new life as a mortgage sleuth. In 2003, when home prices were flying high, he compiled a dossier of improprieties on one of the giants of the business, Fannie Mae.

In hindsight, what he found looks like a blueprint of today’s foreclosure crisis. Even then, Mr. Lavalle discovered, some loan-servicing companies that worked for Fannie Mae routinely filed false foreclosure documents, not unlike the fraudulent paperwork that has since made “robo-signing” a household term. Even then, he found, the nation’s electronic mortgage registry was playing fast and loose with the law — something that courts have belatedly recognized, too.

You might wonder why Mr. Lavalle didn’t speak up. But he did. For two years, he corresponded with Fannie executives and lawyers. Fannie later hired a Washington law firm to investigate his claims. In May 2006, that firm, using some of Mr. Lavalle’s research, issued a confidential, 147-page report corroborating many of his findings.

And there, apparently, is where it ended. There is little evidence that Fannie Mae’s management or board ever took serious action. Known internally as O.C.J. Case No. 5595, in reference to the company’s Office of Corporate Justice, this 2006 report suggests just how deep, and how far back, our mortgage and foreclosure problems really go.

“It is axiomatic that the practice of submitting false pleadings and affidavits is unlawful,” said the report, a copy of which was obtained by The New York Times. “With his complaint, Mr. Lavalle has identified an issue that Fannie Mae needs to address promptly.”

What Fannie Mae knew about abusive foreclosure practices, and when it knew it, are crucial questions as Congress and the Obama administration weigh the future of the company and its cousin, Freddie Mac. These giants eventually blew themselves apart and, so far, they have cost taxpayers $150 billion. But before that, their size and reach — not only through their own businesses, but also through the vast amount of work they farm out to law firms and loan servicers — meant that Fannie and Freddie shaped the standards for the entire mortgage industry.

Almost all of the abuses that Mr. Lavalle began identifying in 2003 have since come to widespread attention. The revelations have roiled the mortgage industry and left Fannie, Freddie and big banks with potentially enormous legal liabilities. More worrying is that the kinds of problems that Mr. Lavalle flagged so long ago, and that Fannie apparently ignored, have evicted people from their homes through improper or fraudulent foreclosures.

Until a few weeks ago, Mr. Lavalle, 54, had never seen O.C.J. 5595. He had hoped to get a copy after helping Fannie’s lawyers, at Baker & Hostetler in Washington, complete it. He didn’t.

But after learning about its findings from a reporter for The Times, Mr. Lavalle said, “Fannie Mae, its directors, servicers and lawyers appeared to have an institutional policy of turning a willful blind eye to evidence of mortgage origination and servicing fraud.”

He went on: “When confronted directly with this evidence, Fannie not only failed to correct and remedy the abuses, it assisted in continuing the frauds via institutional practices that concealed fraudulent foreclosures.”

A spokesman for Fannie Mae said in a statement last week that the company quickly addressed several issues that were raised in the 2006 report and that it took action on other issues associated with foreclosures in 2010. “We want to prevent foreclosure whenever possible, but when foreclosures cannot be avoided they must move forward in a timely, appropriate fashion,” he said.

Fannie Mae would not say whether it had shared O.J.C. 5595 with its board of directors or its regulator, then known as the Office of Federal Housing Enterprise Oversight. James B. Lockhart III, who headed that regulator in 2006, said he did not recall reading the report. “I probably did not see it as back then foreclosures were not a very big deal,” he said.

But another report published last fall by the inspector general of the Federal Housing Finance Agency, the current regulator, briefly mentioned some of the problems that Mr. Lavalle had raised. (It didn’t mention him by name.) It also faulted Fannie Mae, saying it failed to address foreclosure improprieties that had surfaced years before.

LIKE most people, Nye Lavalle had little interest in the mortgage industry until things got personal. Raised in comfortable surroundings in Grosse Pointe, Mich., just outside Detroit, he began his business career in the 1970s, managing professional tennis players. In the 1980s, he ran SMG, a thriving consulting and research firm.

Then he tried to pay off a loan on a home his family had bought in Dallas in 1988. The balance was roughly $100,000, and the property was valued at about $175,000, Mr. Lavalle said. But when he combed through figures provided by his lender, Savings of America, he found substantial discrepancies in the accounting that had inflated his bill by $18,000. The loan servicer had repeatedly charged him late fees for payments he had made on time, as well as for unnecessary appraisals and force-placed hazard insurance, he said.

Mr. Lavalle refused to pay. The bank refused to bend. The balance rose as the bank tacked on lawyers’ fees and the loan was deemed delinquent. The fight continued after his mortgage was allegedly sold to EMC, a Bear Stearns unit.

Unlike most people, Mr. Lavalle had the time and money to fight. He persuaded his family to help him pay for a lawsuit against EMC and Bear Stearns. Seven years and a small fortune later, they lost the house in Dallas. Back then, judges weren’t as interested in mortgage practices as some are now, he said.

The experience lit a fire. Mr. Lavalle set out to learn everything he could about the mortgage industry. In a five-hour interview in Naples, Fla., last month, he described his travels nationwide. He dove into mortgage arcana, land records and court filings. By 1996, he had identified what appeared to be forged signatures on foreclosure documents, foreshadowing troubles to come. He took his findings to big players in the industry: Banc One, Bear Stearns, Countrywide Financial, Freddie Mac, JPMorgan, Washington Mutual and others. A few responded but later said his claims were not valid, he said.

Now he splits his time between Orlando and Boca Raton, advising lawyers as an expert witness. “From my own personal experience and 20 years of research and investigation, nothing — and I mean nothing — that a bank, lender, loan servicer or their lawyer says or puts on paper can be trusted and accepted as true,” Mr. Lavalle said.

FANNIE MAE, now in government hands, has acknowledged how abusive foreclosure practices can hurt its own business. “The failure of our servicers or a law firm to apply prudent and effective process controls and to comply with legal and other requirements in the foreclosure process poses operational, reputational and legal risks for us,” it said in a 2010 filing with the Securities and Exchange Commission.

Five years earlier, Fannie seemed to have taken a different view. That was when Mr. Lavalle pointed out legal lapses by some of its representatives. Among them was the law offices of David J. Stern, in Plantation, Fla., which was handling an astonishing 75,000 foreclosure cases a year — more than 200 a day. In 2005, Mr. Lavalle warned Fannie Mae that some judges had ruled that the Stern firm was submitting “sham pleadings.” Nonetheless, Fannie continued to do business with the firm until it closed its doors last year, after evidence emerged of rampant forgeries and fraudulent filings.

O.C.J. Case No. 5595 found that Stern wasn’t the only firm working for Fannie that seemed to be cutting corners. It also found that lawyers operating in seven other states — Connecticut, Georgia, New York, Illinois, Louisiana, Kentucky and Ohio — had made false filings in connection with work for Fannie Mae or the Mortgage Electronic Registration System, or MERS, a private mortgage registry Fannie helped establish in 1995.

“While Fannie Mae officials do not have a single opinion, some officials believe foreclosure counsel are sacrificing accuracy for speed,” the report said.

The lawyers at Baker & Hostetler did not agree with everything Mr. Lavalle said. Mark A. Cymrot, a partner who led the investigation, discounted Mr. Lavalle’s fear that Fannie could lose billions if large numbers of foreclosures had to be unwound as a result of misconduct by its lawyers and servicers.

Even so, the report didn’t conclude that Mr. Lavalle was wrong on the legal issues. It simply said that few people would have the financial resources to challenge foreclosures. In other words, few people would be like Mr. Lavalle.

“Courts are unlikely to unwind foreclosures unless borrowers can demonstrate that the foreclosure would not have gone forward with the correct pleadings, which is a difficult burden for most borrowers to meet,” the report said. “Nevertheless, the issues Mr. Lavalle raises should be addressed promptly in order to mitigate the risk of exposure to lawsuits and some degree of liability.” Mr. Cymrot declined to comment for this article.

O.C.J. 5595 also questioned Mr. Lavalle’s contention that improprieties by loan servicers were pervasive. But based on interviews with 30 Fannie employees, the report conceded that the company had no mechanism to ensure that servicers were charging borrowers appropriate fees.

Other oversight at Fannie was similarly lacking, the Baker & Hostetler lawyers found. For instance, when Fannie identified fraud by a lender or servicer, it didn’t notify the homeowner. Nor did it police activities of lawyers or servicers it hired. As a result, the report said, Fannie might not be insulated from liability for their misconduct.

Lewis D. Lowenfels, a securities law expert, said he was perplexed that Fannie’s board appeared to have done nothing to correct these practices. “If it had been brought to the board’s attention that specific acts of illegality were being committed, it should have directed that relationships with the transgressors be terminated forthwith and Fannie Mae’s regulator be advised accordingly,” he said.

Daniel H. Mudd, Fannie’s chief executive at the time, declined to comment through his lawyer. Mr. Mudd was recently sued by the S.E.C., accused of failing to disclose Fannie’s participation in the subprime mortgage market.

PERHAPS no development has done more to obscure the forces behind the foreclosure epidemic than the rise of the MERS, the private registry that has all but replaced public land ownership records. Created by Fannie, Freddie and big banks, MERS claims to hold title to roughly half the nation’s home mortgages. Judges and lawmakers have questioned MERS’s legal authority to initiate foreclosures, and some judges have thrown out foreclosures brought in its name. On Friday, New York’s attorney general sued MERS, contending that its system led to fraudulent foreclosure filings. MERS refuted the claims and said it would fight.

Mr. Lavalle warned Fannie years ago that MERS couldn’t legally foreclose because it didn’t actually own notes underlying properties.

The report agreed. MERS’s approach of letting loan servicers foreclose in its own name, not in that of institutions owning the notes, “is not accepted legal practice in all states,” the report said. Moreover, “MERS’s counsel conceded false allegations are routinely made, and the practice should be ‘modified.’ ”

It continued: “To our knowledge, MERS has not addressed the issue of its counsels’ repeated false statements to the courts.”

Janis L. Smith, a spokeswoman for MERS, said it had not seen the Baker & Hostetler report and declined comment on its references to the false statements made on its behalf to the courts. She said that MERS’s business model is legal in all states and that as a nominee, it has the right to foreclose. MERS stopped allowing its members to foreclose in its name in all states in 2011.

Robert D. Drain, a federal bankruptcy judge in the Southern District of New York, said in court last month that the failure of the mortgage industry to deal with pervasive problems involving inaccurate documentation and improper court filings amounted to “the greatest failure of lawyering in the last 50 years.”

In an interview last week, Judge Drain said several practices have contributed to the foreclosure mess. One is that Fannie and the rest of the industry failed to ensure that MERS was operating legally in all states. Another is that the industry failed to perform due diligence on documentation.

MERS no longer participates in foreclosures. But a lot of damage has already been done, Mr. Lavalle said.

“Hundreds of thousands of foreclosures in Florida and across America were knowingly conducted unlawfully, for which there are still severe liabilities and implications to come for many years,” he said.

THERE was a time when Americans had mortgage-burning parties: When they paid off a promisory note, they celebrated by burning the release of the lien.

But they kept the canceled promissory note — and there was a reason for that. Promissory notes, like dollar bills, are negotiable currency. Whoever holds them can essentially claim them.

According to O.C.J. Case No. 5595, Fannie held roughly two million mortgage notes in its offices in Herndon, Va., in 2005 — a fraction of the 15 million loans it actually owned or guaranteed. Who had the rest? Various third parties.

At that time, Fannie typically destroyed 40 percent of the notes once the mortgages were paid off. It returned the rest to the respective lenders, only without marking the notes as canceled.

Mr. Lavalle and the internal report raised concerns that Fannie wasn’t taking enough care in handling these documents. The company lacked a centralized system for reporting lost notes, for instance. Nor did custodians or loan servicers that held notes on its behalf report missing notes to homeowners.

The potential for mayhem, the report said, was serious. Anyone who gains control of a note can, in theory, try to force the borrower to pay it, even if it has already been paid. In such a case, “the borrower would have the expensive and unenviable task of trying to collect from the custodian that was negligent in losing the note, from the servicer that accepted payments, or from others responsible for the predicament,” the report stated. Mr. Lavalle suggested that Fannie return the paid notes to borrowers after stamping them “canceled.” Impractical, the 2006 report said.

This leaves open the possibility that someone might try to force homeowners to pay the same mortgage twice. Or that loans could be improperly pledged as collateral by some other institution, even though the loans have been paid, Mr. Lavalle said. Indeed, there have been instances in the foreclosure crisis when two different institutions laid claim to the same mortgage note.

In its statement last week, Fannie said it quickly addressed questions of lost note affidavits and issued guidance to servicers that no judicial foreclosures be conducted in MERS’s name. It also said it instructed Florida foreclosure lawyers “to use specific language to assure no confusion over the identity of the ‘owner’ and the ’holder’ of the note.”

The 2006 report said Mr. Lavalle at times came across as over the top, that he was, in its words, “partial to extreme analogies that undermine his credibility.” Knowing what we know now, he looks more like one of the financial Cassandras of our time — a man whose prescient warnings went unheeded.

Now, he hopes dubious mortgage practices will be eradicated.

“Any attorney general, lawyer, bank director, judge, regulator or member of Congress who does not open their eyes to the abuse, ask pertinent questions and allow proper investigation and discovery,” he said, “is only assisting in the concealment of what may be the fraud of our lifetime.”

A version of this article appeared in print on February 5, 2012, on page BU1 of the New York edition with the headline: A Tornado Warning, Unheeded.

 

Mortgage Tornado Warning, Unheeded – NYTimes.com

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The Shocking Truth About The Crackdown On Occupy | Before It’s News

The violent police assaults across the US are no coincidence. Occupy has touched the third rail of our political class’s venality

by Naomi Wolf

US citizens of all political persuasions are still reeling from images of unparallelled police brutality in a coordinated crackdown against peaceful OWS protesters in cities across the nation this past week. An elderly woman was pepper-sprayed in the face; the scene of unresisting, supine students at UC Davis being pepper-sprayed by phalanxes of riot police went viral online; images proliferated of young women – targeted seemingly for their gender – screaming, dragged by the hair by police in riot gear; and the pictures of a young man, stunned and bleeding profusely from the head, emerged in the record of the middle-of-the-night clearing of Zuccotti Park.

Oakland, California riot police advance on peaceful Occupy Oakland, November 3, 2011.But just when Americans thought we had the picture – was this crazy police and mayoral overkill, on a municipal level, in many different cities? – the picture darkened. The National Union of Journalists and the Committee to Protect Journalists issued a Freedom of Information Act request to investigate possible federal involvement with law enforcement practices that appeared to target journalists. The New York Times reported that “New York cops have arrested, punched, whacked, shoved to the ground and tossed a barrier at reporters and photographers” covering protests. Reporters were asked by NYPD to raise their hands to prove they had credentials: when many dutifully did so, they were taken, upon threat of arrest, away from the story they were covering, and penned far from the site in which the news was unfolding. Other reporters wearing press passes were arrested and roughed up by cops, after being – falsely – informed by police that “It is illegal to take pictures on the sidewalk.”

In New York, a state supreme court justice and a New York City council member were beaten up; in Berkeley, California, one of our greatest national poets, Robert Hass, was beaten with batons. The picture darkened still further when Wonkette and Washingtonsblog.com reported that the Mayor of Oakland acknowledged that the Department of Homeland Security had participated in an 18-city mayor conference call advising mayors on “how to suppress” Occupy protests.

To Europeans, the enormity of this breach may not be obvious at first. Our system of government prohibits the creation of a federalized police force, and forbids federal or militarized involvement in municipal peacekeeping.

I noticed that right-wing pundits and politicians on the TV shows on which I was appearing were all on-message against OWS. Journalist Chris Hayes reported on a leaked memo that revealed lobbyists vying for an $850,000 contract to smear Occupy. Message coordination of this kind is impossible without a full-court press at the top. This was clearly not simply a case of a freaked-out mayors’, city-by-city municipal overreaction against mess in the parks and cranky campers. As the puzzle pieces fit together, they began to show coordination against OWS at the highest national levels.

Why this massive mobilization against these not-yet-fully-articulated, unarmed, inchoate people? After all, protesters against the war in Iraq, Tea Party rallies and others have all proceeded without this coordinated crackdown. Is it really the camping? As I write, two hundred young people, with sleeping bags, suitcases and even folding chairs, are still camping out all night and day outside of NBC on public sidewalks – under the benevolent eye of an NYPD cop – awaiting Saturday Night Live tickets, so surely the camping is not the issue. I was still deeply puzzled as to why OWS, this hapless, hopeful band, would call out a violent federal response.

That is, until I found out what it was that OWS actually wanted.

The mainstream media was declaring continually “OWS has no message”. Frustrated, I simply asked them. I began soliciting online “What is it you want?” answers from Occupy. In the first 15 minutes, I received 100 answers. These were truly eye-opening.

The No 1 agenda item: get the money out of politics. Most often cited was legislation to blunt the effect of the Citizens United ruling, which lets boundless sums enter the campaign process. No 2: reform the banking system to prevent fraud and manipulation, with the most frequent item being to restore the Glass-Steagall Act – the Depression-era law, done away with by President Clinton, that separates investment banks from commercial banks. This law would correct the conditions for the recent crisis, as investment banks could not take risks for profit that create kale derivatives out of thin air, and wipe out the commercial and savings banks.

No 3 was the most clarifying: draft laws against the little-known loophole that currently allows members of Congress to pass legislation affecting Delaware-based corporations in which they themselves are investors.

When I saw this list – and especially the last agenda item – the scales fell from my eyes. Of course, these unarmed people would be having the shit kicked out of them.

For the terrible insight to take away from news that the Department of Homeland Security coordinated a violent crackdown is that the DHS does not freelance. The DHS cannot say, on its own initiative, “we are going after these scruffy hippies”. Rather, DHS is answerable up a chain of command: first, to New York Representative Peter King, head of the House homeland security subcommittee, who naturally is influenced by his fellow congressmen and women’s wishes and interests. And the DHS answers directly, above King, to the president (who was conveniently in Australia at the time).

In other words, for the DHS to be on a call with mayors, the logic of its chain of command and accountability implies that congressional overseers, with the blessing of the White House, told the DHS to authorize mayors to order their police forces – pumped up with millions of dollars of hardware and training from the DHS – to make war on peaceful citizens.

But wait: why on earth would Congress advise violent militarized reactions against its own peaceful constituents? The answer is straightforward: in recent years, members of Congress have started entering the system as members of the middle class (or upper middle class) – but they are leaving DC privy to vast personal wealth, as we see from the “scandal” of presidential contender Newt Gingrich’s having been paid $1.8m for a few hours’ “consulting” to special interests. The inflated fees to lawmakers who turn lobbyists are common knowledge, but the notion that congressmen and women are legislating their own companies’ profitsis less widely known – and if the books were to be opened, they would surely reveal corruption on a Wall Street spectrum. Indeed, we do already know that congresspeople are massively profiting from trading on non-public information they have on companies about which they are legislating – a form of insider trading that sent Martha Stewart to jail.

Since Occupy is heavily surveilled and infiltrated, it is likely that the DHS and police informers are aware, before Occupy itself is, what its emerging agenda is going to look like. If legislating away lobbyists’ privileges to earn boundless fees once they are close to the legislative process, reforming the banks so they can’t suck money out of fake derivatives products, and, most critically, opening the books on a system that allowed members of Congress to profit personally – and immensely – from their own legislation, are two beats away from the grasp of an electorally organized Occupy movement … well, you will call out the troops on stopping that advance.

So, when you connect the dots, properly understood, what happened this week is the first battle in a civil war; a civil war in which, for now, only one side is choosing violence. It is a battle in which members of Congress, with the collusion of the American president, sent violent, organized suppression against the people they are supposed to represent. Occupy has touched the third rail: personal congressional profits streams. Even though they are, as yet, unaware of what the implications of their movement are, those threatened by the stirrings of their dreams of reform are not. MORE HERE

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Message for My Friends & Colleagues –From: Nye Lavalle

Sent: Friday, October 28, 2011 3:50 PM
Please Read Entire Email

NOTE: to all blogs!!!

     Please post the email to the AGs, I wrote last week that I did not send you. I wrote them in confidence.       

       However, since they have failed to act and respond I think the way to get to them AND GET RESPONSES AND ACTION is to publicly publish all my warnings and my letters so there is a VERY public record of notices and warnings to them.

    They may wish to ignore me again, but I and hopefully each of YOU, won’t let them! So, please read You may also publish and post, separately, my letter attached to FHFA’s OIG.

Dear friends,

I am taking the gloves off, its that time! Attorney General Beau Biden did us all proud and right yesterday, despite the political reality that he faces in a state that hosts as corporations, the banks, Wall St. firms, and system he is attacking. I would ask that each of you kindly read the entirety of this letter and to assist me help each of you and this nation of ours and force the other AGs and elements of our government and the media to be as bold and brave as Beau Biden!

Beau knows MERS! LOL He certainly not only vindicated me and my decade-old fight against MERS and my predictions, but all of us, especially Max, April, Judges Logan and Gordon (would love to interview each now) and let me not forget our favorite jurist, Judge Schack!

Let us not forget the crooked judges too, like Craig Schwall and Louis Levenson in Fulton Co who will be getting their comeuppance next month in both courts of law and public opinion (the media). We need to have media focus on the Judges who get it and the judges we have evidence of corruption on. (including our tapes) This will be one of our new objectives. We also need to expose Robo-Judges™ who issue Robo-Orders™!

We’re starting a new movement in America. Our new movement will complement the Occupy Wall Street and Occupy the Internet movements by assisting those trying to help or most importantly IGNORING TO HELP our nation and states. That is the media who is trying to help and some in government like Beau Biden. The other AGs and regulators that ignore us will be publicly noticed and later publicly embarrassed if they fail to act, since a “record” of notices, warnings, and actions or inactions will be publicly displayed now and for the years to come that anyone can access. We shall begin with Names!!

The name for these new movements shall be Occupy The Government & Occupy The Media! As for the media, we shall and I request that you respect their time and their space.

The first step is that I want each of you to provide me, Lisa, Michael, Matt and everyone of our colleagues and comrades in arms with an email list of ALL media and government contacts you have in two separate email address books for Outlook or AOL. We will then discuss content to send by each of us to these contacts. For the media, we will target great story ideas for each journalist and editor we have befriended and has supported the cause. We will also provide a host of information, facts, and evidence for their investigative needs. The media is not only our friend, but our greatest ally in this movement, next to the Internet!

For government, we will create letters and petitions and forward to them in masse! Also, we will document and forward complaints, and evidence of fraudulent bank behavior. They are either with us, or against us! They get to choose and so do we, by a vote. It’s time to stop picking leaders by social issues, but real life issues. You’re either a bank bitch and for them or you’re not (like Beau).

I want to do to the AGs, all regulators, and politicians, what I did to CEOs and boards years ago, paper them and “put them on notice” to act. Let’s see if they ignore our warnings this time around since doing so, will surely jeopardize their political and/or professional aspirations. As they move up the political food chain, we will have a record of what they were warned of and what they did or didn’t do so that their prior actions can be judged by voters and regulators alike.

I am reminded of Gandhi’s quote “First they ignore you, then they laugh at you, then they fight you, then you win.” We’re now winning, so it’s time to pile in on as the bankster’s lawyers would say. Over the years, I have created a “hit list” and “target list” of enemies and foes and have guarded carefully very personal information about them. While information is power, knowledge of what to do with that information, and the wisdom to know when its right to use, is key. I suggest you each do the same!

Next, I will begin writing more letters and more warnings based on my experience and I will start doing some polling with the help of supporters and sponsors I will seek from law firms. This will accomplish a few goals. First, it will bring national media attention and coverage to the issues and second, media attention, business and leads to the law firms than sponsor my research. My research has traditionally garnered national media attention and the front pages of virtually every newspaper as well as television and radio. It will once more, do so again.

As for Beau Biden, his complaint is a masterpiece and must read and pins the tail on the ASS (sorry, Donkey was way too kind) so to speak in MERS. In effect, he is not only seeking to shut down every MERS foreclosure in DE, but seeking to foreclose on MERS itself! I wonder what ASSet protection MERSCORP and its enablers have in place.

I have previously called the racketeering acts of the servicers the “default servicing enterprise.” However, Beau kept it simple and called it the “foreclosure enterprise.” I agree. From this day forward, when we discuss or refer to this racketeering enterprise, let’s all agree to call it and refer to it as the FORECLOSURE ENTERPRISE! Let’s get that mantra up and explain it for what it is, an enterprise which is key for RICO actions, both state and federal, which is where we will be going next with the evidence we have all uncovered. Make Foreclosure enterprise as widely known and accepted as robo-signing and fraudclosure!

In his complaint and his exhibits, Beau Biden has laid the foundation for attacking MERS and every lender. In every case where MERS is ANYWHERE in the chain (current or prior loans) you must file his complaint and exhibits with the court with a notice for the Court to take “judicial notice” of the complaint. Next, you must also file all of the county recorder lawsuits. Remember, building a record is the most important thing you can do in a case. This is how we will also expose the corrupt judges we have evidence on. An analysis of their record and rulings will assist media and also how we vote them out. We shall approve and disprove of judges and politicians and make our voices known, regardless of party affiliation. We will make them sign pledges and contracts, so we know where stand.

We will get our friends in person, email, and on Facebook, to work with us, petition, send emails, make phone calls and focus attention on issues and those who fight and oppose us. We will gather lists of names too and personal and email addresses for protesters.

Our first petition will be the abolishment of MERS and I am drafting Lisa Epstein to create the first draft using the relief that Beau seeks in his lawsuit to be the first petition of our group. Lisa, please copy me, Jacqs, April, Dan, and Max on it and we’ll get out soon!

Friends, its time! 2012, the Mayans predicted would be the end of the world “as we know it!” I’m reminded of the song “its the end of the world as we know it, its the end of the world as we know it. If we believe and act, we can do it! I know we can and i know we will!

It’s time my friends, time to get immediate attention and use the legal strategy the the banks and foreclosure mills created called “piling on” after football piling on. Let’s get to the media, get to the government, get to judges, and get to the people. Let’s Occupy Government and The Media and take control of the destiny God has given each of us! 2012 is upon us. The Mayans were right, its the end of the world as we know it, and the start of a new world, not new world order, as we desire and want it to be free of banks, political influence, and corruption!

Nye

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                                                                Important Evidence & Affidavit in Foreclosure Law Firm, Robo-Signing, & MBS Investigation               From Nye Lavalle

Sent: Thu, Oct 20, 2011 1:18 pm                                                                            
From Nye Lavalle

Dear Attorneys General:

Recently, the Office of Inspector General for the Federal Housing Finance Agency released reports about a special counsel investigation by Fannie Mae and that a shareholder had warned and provided Fannie Mae and others as far back as 2003 about robo-signing and foreclosure abuses. This story was picked up by the NY Times’ Gretchen Mogenson and a plethora of other news media. While Gretchen and the FHFA didn’t name me, I was nonetheless ousted since she and many others, including some of you, knew this shareholder was me.

I have been working hard behind the scenes to warn and stop the catastrophic events of the past few years which I first forecast in 1996! I have spent almost $1 million and spent over 40,000 hours since 1994 investigating, researching, and documenting these frauds. I have millions of pages of documents and a history like a bear in the woods who has left a trail all the way up to personally warning and communicating to the CEOs of virtually every bank, servicer, and Wall Street firm of these abuses. I took shares in each of these companies in the late 90s to warn them. Jaime Dimon, William Harrison, Kerry Killinger, Ace Greenberg, and James Cayne are just a few. However, the ratings agencies were warned as well as law firms and accounting firms, especially Deloitte!

As the shareholder that in 2003 warned Fannie Mae and worked with the independent counsel they appointed, Mark Cymrot, of Baker Hostetler in Washington DC, I have a unique perspective as well as set of facts that each of you could never obtain due to the cost and time limitations, that I have accumulated since 1993, almost 20-years!

However, as you will see by the attached letter to FHFA and links to reports and warnings I have authored since the mid-nineties, many were warned, including some of your offices since the mid to late nineties. I am also the individual that first discovered robo-signing and foreclosure fraud in the mid-nineties and authored reports documenting such abuses starting in the mid-nineties, until a “visiting judge” in Dallas, TX gagged me from telling this story.

It wasn’t until 2000, at the National Consumer Law Center conference in Colorado when I released reports on these frauds and abuses. Some of your lawyers were in attendance and were provided two reports. Only Max Gardner, a bankruptcy lawyer from North Carolina, took the reports to heart and began a decade-old fight to expose this corruption.

Robo-signing and foreclosure fraud and the intentional fraudulent filing of lawsuit complaints, advertisements of sale, assignments of mortgage, satisfactions of mortgage, and affidavits, as you will see from my well-documented reports, are not a recent phenomenon or the result of the securitization craze that swept America and the world from the late nineties to mid-2000’s.

They were carefully planned and orchestrated after the RTC debacle in the late 80s wherein a select group of “special servicers,” commonly referred to in the industry as the industry’s “toxic waste dumps,” were created to push these newly developed and even “patented” foreclosure factory processes that the four major special servicers “tested” and then “perfected” for the rest of the industry. These special servicers are known to many of you, but their names were EMC Mortgage, SPS f/k/a Conti-Fairbanks Capital, Ocwen, and Litton Loan.

Through “partnerships” with firms like the Barrett Burke operation in Texas, the LOGs group (Shapiro) out of Illinois, the McCalla Raymer group in Georgia and many others, they created an automated foreclosure machine that threw all caution to the wind when it not only came to ethics, but the law. In a newly expanding “virtual” world, they, along with vendors and third parties such as title insurers Fidelity National and First American created patented and marketable “cradle-to-grave” systems and processes to expand the housing and mortgage markets and cover-up and conceal the known fraud to all of them perpetrated mostly by aggressive loan brokers and occasionally borrowers and factored such losses and circumstances into their system. I can provide each of you with mens rea and scienter to prosecute for frauds.

As they tested these systems and perfected their fraud via such practices as intentionally concealing the real ownership of a promissory note and first foreclosing in the names of servicers who claimed to “own” the notes and then MERS, they really were double and multi-pledging the promissory notes to themselves and others to obtain servicing advances as well as take gain on sale accounting treatments on the notes they originated with no risk to them, since they had already forward sold the notes to our respective mutual, trust, and pension funds.

As you each take your own collective and individual approaches towards your investigations, I would whole-heartedly agree with Attorneys General Scheiderman, Biden, Harris, and others who want to continue this investigation. If you don’t continue and right the wrongs, I will boldly predict that each of you will have blood on your hands. I say this as no threat of any means whatsoever, but as a warning based on my understanding as a social scientist and advocate of the human psyche that for some is weak, but for others is broken. If you look at my forecasts and predictions over the years, I have one heck of a batting average in getting it right. As my former partner, Dr. Roy Stout who was featured in the book Blink, would say, I see things and data that others want to ignore. For the first time in my life, I am scared – – scared, not for me, but for our nation and our nation’s youth and those who might have to endure the consequence of the excesses of my generation.

Today, its mortgages, but when these young students, like an ex-girlfriend who at 22 left school with $150,000 in student debt realize what has occurred, all bets will be off. Today, they are peaceful – – tomorrow, they may be vengeful! The Occupy Wall Street movement is only the start. The American public and world, want to see accountability. They want to see perps walk. They want the intentional bankers, hedge funds, and Wall Street executives who intentionally created and manipulated this world-wide financial debacle prosecuted. If you don’t do it, I fear as the nation and the world’s economy suffers even more, there will be total anarchy in the streets as well as assaults and even “non-political” assassinations against banking CEOs, Wall St executives, and foreclosure lawyers, by para-military right and left wing extremists that were former Army Rangers and Navy Seals who are not only disenchanted with the current situation, but disenfranchised. Living in Savannah, GA last year, I met many Rangers each evening who were angry, very angry for fighting a war that they realized was not for Americans, but for other interests. The discussions I would have in the evenings were illuminating and gave me a great respect for our nation’s military men and women.

However, as they lose more friends, limbs, spouses, their sanity and now their homes, a combustible mixture that is not only flammable, but toxic is spreading. You can see it in the OWS movement and some of the videos. I say these things not to scare you, but to warn you once again and most importantly, to EMPOWER EACH OF YOU, collectively or individually.

You have each been give a god-given opportunity at a vital point in our nation and the world’s history. Each of you, if you do your jobs and ignore the politics, political influence, and lobbying from both banks and the federal government, have a special moment in time to leave a mark. A mark that historians will one day write was the day America and the world decided to be free of political and banking influence and truly helped create a world democracy.

The money now, whether it is $20 billion or $50 billion in the scheme of trillion dollar losses is really not what the people are angry at. They was to see accountability and those who not only created the situation, but manipulated it or ignored it to their personal gain be prosecuted. I hear their voices each day and that’s why I am coming out of the closet, so to speak, despite the threats against my family and I to offer my help and assistance in doing what is right for this nation, our people, and those youths protesting for what they know, that many in our generation simply ignored as they drove their BMWs, put dope up their noses, and lived it up at the expense of their children and grand children.

Now is the time. I can give you the goods on many of these if you want to really follow the patented fraud. Have you all read the patents as yet of all these so-called “processes?” The most human element in the entire automated factory were the actual ignorant robo-signers! In fact, when I discovered and reported on robo-signing, I did so just to give one “minor example of the overall fraudulent scheme that was designed not to defraud borrowers who were only pawns in the “game” as it was called, but our respective pension funds and extraction of our so-called excess wealth.

Think about it, for a moment if you will. Robo-signing is such an elementary fraud, so simple, so stupid, so petty! The real fraud and why the banks want to settle with you so quickly is the securitization and the fact that none of these deals were “true sales,” but the financing of receivables whereby investors were defrauded and multi-pledging of paid off notes occurred to inflate their earnings, stock prices, and bonuses.

How many of you have had your original wet-ink promissory note returned to you canceled and paid in full upon its payoff or refinancing? Ask around the office? Then, check your lien release or satisfaction and see if it was robo-signed? Who is your real lender?

Open the black Pandora’s box of financial alchemy in securitization and you will find the multi-pledging and sale of paid off notes, the same notes, and even “ghost notes” that were created with Photoshop and never even executed by a real live borrower. I will save the death threats, break-ins, arsons, computer hacks, and millions of dollars of vexatious litigation by the banks and its foreclosure lawyers against my family, myself, our trusts, and the select group of advocates who were the first to take the baton from my hand for another day. I will even save the bribery of judicial officers, court reporters, and local judges for another day. All I ask is for each of you to think long and very hard, before letting the banks, their servicers, vendors, and lawyers off the hook.

I’ll come to see any of you and give any of you my deposition as well as access to whatever I possess in terms of evidence. I would also suggest that you ask each bank you are investigating and law firm to preserve all evidence and provide to you everything they have in their possession that contains my name “Nye Lavalle” or “Aneurin Lavalle” or this email address that I have had since the mid-nineties. <mortgagefrauds@aol.com>                                                                                                              I am also more than willing to take polygraph exams, should you find that necessary.  In essence, all I personally want is the real and true story told by a real and true investigation and the subsequent civil and criminal prosecution of those responsible for this nation’s morass.

I pray some, or all of you, will take me up on my offer. Please feel free to call or email me at any time if I can be of assistance to you or any of your collective or respective investigations!

Nye Lavalle

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FANNIE AND FREDDIE OF                   FORECLOSURE ABUSES

Original Message—–
From: Nye Lavalle                                                                                                             
To: OIGhotline <OIGhotline@fhfa.gov>; DeputyDirector-Enterprises <DeputyDirector-Enterprises@FHFA.gov>; Director <Director@FHFA.gov>; DeputyDirector-FHLBanks <DeputyDirector-FHLBanks@FHFA.gov>;                    GeneralCounsel<GeneralCounsel@FHFA.gov>;                                              Ombudsman <Ombudsman@FHFA.gov>

Sent: Sat, Oct 8, 2011 10:28 pm
Subject: I AM THE FANNIE SHAREHOLDER NAMED IN YOUR OIG REPORTS THAT WARNED FANNIE AND FREDDIE OF FORECLOSURE ABUSES IN 2003 AND AFTER

Gentlemen,

By way of introduction, my name is Nye Lavalle and I am the shareholder/investor, referenced in your recent OIG reports that warned Fannie Mae’s board and CEO of foreclosure and legal abuses almost a decade ago. For over a year, I worked closely with Fannie Mae and Mark Cymrot of Baker Hostetler, who was the independent counsel appointed by Fannie Mae, to investigate allegations contained in my 2004 report. I also warned Freddie Mac and its board as well.

The attached letter will provide you more information and hopefully open a dialogue between us that will help us find solutions for our nation and its citizens as well as hold those responsible, accountable for their actions.

To that end, I stand ready and able to assist you each in your respective duties at FHFA and the OIG for FHFA.

Sincerely,

Nye Lavalle

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Wall Street protest enters fourth day.

Peter Foley / EPA

New York police try to direct protesters marching on Wall Street Tuesday.

A protest called “Occupy Wall Street” entered its fourth day Tuesday as a loosely organized group of activists converged on lower Manhattan and clashed with police.

The protest began Saturday when several thousand people gathered in front of the New York Stock Exchange holding signs saying “We must end corporate tyranny and corruption” and “Debt is slavery.” By Tuesday, the crowd had dwindled to several hundred.

New York police have made a handful of arrests — two on Saturday when protesters tried to enter a Bank of America office and six more on Monday. At least four on Monday were held for wearing masks, which is illegal for groups of two or more, police said. A video posted on YouTube Monday appears to show police arresting at least one protester.

“The elite corporate power have hijacked democracy,” Alexander Penley, an international lawyer from New York, told Reuters. “The economic depression we are experiencing today has something to do with how Wall Street is run.”

Demonstrators have displayed other signs including “Commodity inflation causes starvation” and “I can’t afford a lobbyist.”

The idea for the protest apparently originated with a Vancouver-based magazine called Adbusters, which describes itself as “a not-for-profit, reader-supported, 120,000-circulation magazine concerned about the erosion of our physical and cultural environments by commercial forces.”

In a July 13 blog post, the magazine called on readers to emulate the “Arab Spring” uprisings that began in Tahrir Square in Cairo in January. The magazine called on readers to “flood into lower Manhattan, set up tents, kitchens, peaceful barricades and occupy Wall Street for a few months.” The purpose of the protest, according to the post, is to end “the influence money has over our representatives in Washington.”

“It’s time for DEMOCRACY NOT CORPORATOCRACY,” the post proclaimed. “We’re doomed without it.”

On Tuesday, police maintained a heavy presence in the Financial District, partitioning off areas of the sidewalk and slowing pedestrian traffic in a neighborhood that typically attracts heavy tourist traffic.

The demonstrators have vowed to stay for months.

Check out some great photos of the protest here.

All we need to do, is have the people that have been wrongfully foreclosed upon during this foreclosure hell plaguing the country, join in the protests, and the crowd would be big enough to make one hell of a statement!

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Wall Street protest enters fourth day.

Peter Foley / EPA

New York police try to direct protesters marching on Wall Street Tuesday.

A protest called “Occupy Wall Street” entered its fourth day Tuesday as a loosely organized group of activists converged on lower Manhattan and clashed with police.

The protest began Saturday when several thousand people gathered in front of the New York Stock Exchange holding signs saying “We must end corporate tyranny and corruption” and “Debt is slavery.” By Tuesday, the crowd had dwindled to several hundred.

New York police have made a handful of arrests — two on Saturday when protesters tried to enter a Bank of America office and six more on Monday. At least four on Monday were held for wearing masks, which is illegal for groups of two or more, police said. A video posted on YouTube Monday appears to show police arresting at least one protester.

“The elite corporate power have hijacked democracy,” Alexander Penley, an international lawyer from New York, told Reuters. “The economic depression we are experiencing today has something to do with how Wall Street is run.”

Demonstrators have displayed other signs including “Commodity inflation causes starvation” and “I can’t afford a lobbyist.”

The idea for the protest apparently originated with a Vancouver-based magazine called Adbusters, which describes itself as “a not-for-profit, reader-supported, 120,000-circulation magazine concerned about the erosion of our physical and cultural environments by commercial forces.”

In a July 13 blog post, the magazine called on readers to emulate the “Arab Spring” uprisings that began in Tahrir Square in Cairo in January. The magazine called on readers to “flood into lower Manhattan, set up tents, kitchens, peaceful barricades and occupy Wall Street for a few months.” The purpose of the protest, according to the post, is to end “the influence money has over our representatives in Washington.”

“It’s time for DEMOCRACY NOT CORPORATOCRACY,” the post proclaimed. “We’re doomed without it.”

On Tuesday, police maintained a heavy presence in the Financial District, partitioning off areas of the sidewalk and slowing pedestrian traffic in a neighborhood that typically attracts heavy tourist traffic.

The demonstrators have vowed to stay for months.

Check out some great photos of the protest here.

All we need to do, is have the people that have been wrongfully foreclosed upon during this foreclosure hell plaguing the country, join in the protests, and the crowd would be big enough to make one hell of a statement!

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You know, no matter what we do to get our bill down, they jack it right back up.  Then, I suddenly realize that they tax us, not only on the electricity, but tax us on:  Environmental Compliance Cost – the penalties they are charged for violating the EPA $7.71 added for that cost; Nuclear Construction Cost Recovery – for a nuclear reactor wow, let’s save the world and go green $4.52 add for that; Municipal Franchise Fee (what the hell is that?) $1.64.

So, these assholes add $13.87 to our bill, and AFTER they add that, then they calculate the tax for  a whopping $153.70 for our bill!

Does anyone else have a problem with this?  I thought sales tax was for what is sold to you, hell, I didn’t buy any of those add ons!  Good Ole Georgia Power Service Commission lets them SOBs charge for anything and everything!  I am mad as hell!

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Big Banks Save Billions As Homeowners Suffer, Internal Federal Report By CFPB Finds | National Association of Consumer Advocates.

Release Date: 

March 28, 2011

Source: Shahien Nasiripour, The Huffington Post

NEW YORK — The nation’s five largest mortgage firms have saved more than $20 billion since the housing crisis began in 2007 by taking shortcuts in processing troubled borrowers’ home loans, according to a confidential presentation prepared for state attorneys general by the nascent consumer bureau inside the Treasury Department.

 That estimate suggests large banks have reaped tremendous benefits from under-serving distressed homeowners, a complaint frequent enough among borrowers that federal regulators have begun to acknowledge the industry’s fundamental shortcomings.

 The dollar figure also provides a basis for regulators’ internal discussions regarding how best to penalize Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial in a settlement of wide-ranging allegations of wrongful and occasionally illegal foreclosures. People involved in the talks say some regulators want to levy a $5 billion penalty on the five firms, while others seek as much as $30 billion, with most of the money going toward reducing troubled homeowners’ mortgage payments and lowering loan balances for underwater borrowers, those who owe more on their home than it’s worth.

 Even the highest of those figures, however, pales in comparison to the likely cost of reducing mortgage principal for the three million homeowners some federal agencies hope to reach. Lowering loan balances for that many underwater borrowers who owe less than $1.15 for every dollar their home is worth would cost as much as $135 billion, according to the internal presentation, dated Feb. 14, obtained by The Huffington Post.

 But perhaps most important to some lawmakers in Washington, the mere existence of the report suggests a much deeper link between the Bureau of Consumer Financial Protection, led by Harvard professor Elizabeth Warren, and the 50 state attorneys general who are leading the nationwide probe into the five firms’ improper foreclosure practices, a development sure to anger Republicans in Congress and a banking industry intent on diminishing the fledgling CFPB’s legitimacy by questioning its authority to act before it’s officially launched in July.

 Earlier this month, Warren told the House Financial Services Committee, under intense questioning, that her agency has provided limited assistance to the various state and federal agencies involved in the industry probes. At one point, she was asked whether she made any recommendations regarding proposed penalties. She replied that her agency has only provided “advice.”

 A representative of the consumer agency declined to comment on the presentation, citing the law enforcement nature of the federal investigation into the mortgage industry’s leading firms.

The seven-page presentation begins by stating that a deal to settle claims of improper foreclosures “provides the potential for broad reform.”

 In it, the consumer agency outlines possibilities offered by the settlement — a minimum number of mortgage modifications, a boost to the housing market — and how it could reform the industry going forward so that investors in home loans and the borrowers who owe them would be able to resolve situations in which borrowers fall behind on their payments without the complications of a large mortgage company acting in its own interest.

 The presentation also details how much certain firms likely saved in lieu of making the necessary loan-processing adjustments as delinquencies and foreclosures rose. Bank of America, for example, has saved more than $6 billion since 2007 by not upgrading its procedures or hiring more workers, according to the report. Wells Fargo saved about as much, with JPMorgan close behind. Citigroup and Ally bring the total saved to nearly $25 billion.

The presentation adds that the under-investment far exceeds the proposed $5 billion penalty that has been on the table. People familiar with the matter say the Office of the Comptroller of the Currency wants to fine the industry less than $5 billion.

 The alleged shortchanging of homeowners has prolonged the housing market’s woes, experts say, because distressed homeowners who are prime candidates to have their payments reduced aren’t getting loan modifications and lenders are taking up to two years to seize borrowers’ homes.

 The average borrower in foreclosure has been delinquent for 537 days before actually being evicted, up from 319 days in January 2009, according to Lender Processing Services, a data provider.

 The prolonged housing pain has manifested itself in various ways.

 Purchases of new U.S. homes dropped last month to the slowest pace on record, according to the Commerce Department. Prices declined to the lowest level since 2003, according to the National Association of Realtors. About 6.9 million homeowners were either delinquent or in foreclosure proceedings through February, according to LPS.

 A penalty of about $25 billion — based on mortgage servicing costs avoided — would have “little effect” on the five firms’ capital levels, according to the presentation, since the five banks collectively hold about $500 billion in tangible common equity, the highest form of capital. Those numbers notwithstanding, banks and Republicans in Congress have complained that such a large penalty would have a disproportionate impact on bank balance sheets, hurting their ability to lend or pay dividends to investors.

 The presentation adds that given the extent of negative equity — underwater homeowners owe $751 billion more than their homes are worth, according to data provider CoreLogic — “we have gravitated towards settlement solutions that enable asset liquidity and cast a wide net.” The solution is an emphasis on reducing mortgage debt and enabling short sales, thus allowing borrowers to refinance into more affordable loans or to sell their homes and move on.

Top Federal Reserve officials and other economists have pointed to the large numbers of underwater homeowners as being one of the reasons behind high unemployment, as underwater homeowners are unable to move to where the jobs are. More than 23 percent of homeowners with a mortgage are underwater, according to CoreLogic.

The proposed settlement, as envisioned by the consumer agency, could reduce loan balances for up to three million homeowners. If mortgage firms targeted their efforts at reducing mortgage debt for three million homeowners who owe as much as their homes are worth or have less than 5 percent equity, the total cost would be $41.8 billion, according to estimates cited in the presentation.

 If firms lowered total mortgage debt for three million homeowners who are underwater by as much as 15 percent and brought them to 5 percent equity, that would cost more than $135 billion, according to the presentation. That would include reducing second mortgages and home equity lines of credit.

 In its presentation, the consumer agency said the new program, titled “Principal Reduction Mandate,” could be “meaningfully additive to HAMP” — the Home Affordable Modification Program, the Obama administration’s primary mortgage modification effort.

 The CFPB estimates that there are about 12 million U.S. homeowners underwater, most of whom are not delinquent, according to its presentation. Of those, nine million would be eligible for this new principal-reduction scheme born from the foreclosure deal. The new initiative would then “mandate” three million permanent modifications.

News of the level of the consumer agency’s involvement in the state investigation would likely be welcomed by consumer and homeowner advocates, who have long complained of the lack of attention paid to distressed borrowers by federal bank regulators like the OCC and the Federal Reserve.

But Republicans will pounce on the news, creating yet another distraction for a fledgling bureau that was the centerpiece of the Obama administration’s efforts to reform the financial industry in the wake of the worst economic crisis since the Great Depression.

Meanwhile, the banking industry will likely celebrate government infighting as attention is diverted away from allegations of bank wrongdoing and towards the level of involvement of Elizabeth Warren, a fierce consumer advocate and the principal original proponent of an agency solely dedicated to protecting borrowers from abusive lenders.

Warren is standing up the agency on an interim basis. It formally launches in July, at which point it will need a Senate-confirmed director in order to carry out its full authority. One of those areas will be how mortgage firms process home loans for distressed borrowers.

A spokeswoman for JPMorgan Chase declined to comment. Spokespeople for the other four banks were not immediately available for comment.

Read the presentation attached.

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