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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:23 PM
Original message
"Access To Justice In U.S. At Third-World Levels", Says Survey
How was it that so many Americans, millions of Americans, were pushed out of their homes without Due Process in most cases?

I know it became popular for many on the Right and in the MSM to promote the image of people in foreclosure as deadbeats who were probably all minorities thinking they were owed something for nothing. This narrative was good for the criminals. But it wasn't true.

Now that the magnitude of the crimes committed against the American people begins to unfold it is clear that this was a pre-meditated crime of mammoth proportions, perpetrated against this country by greedy, power-hungry, wealthy conspirators made up of Banks, Lawyers and an army of people so corrupt that it literally boggles the mind.

Congress enabled them, at the very least by looking the other way for years, making it possible for them to even ignore 200 year old laws governing the documentation of home ownership and to abide by laws of their own making.

Caught in the middle of all this were millions of Americans who found themselves being tossed out of their homes in record numbers without any recourse, in many cases, to legal representation.

It is only due to the few who DID have such access to the courts, that the corruption is finally being uncovered.

The results of this study explain how they got away with it. When a country is without equal justice for all, the wealthy become the ruling class and they always win.





Access To Justice In U.S. At Third-World Levels, Says Survey

Why haven't more Americans successfully sued the banks that lured them into fraudulent mortgages, then foreclosed on them without the required paperwork?

It could be because the civil justice system in this country is essentially inaccessible to many Americans -- and when it does get accessed, is tilted toward the wealthy and moneyed interests.


I wondered why people did not fight in court after finding out how illegal so many of these foreclosures were. How wonderful for criminals when victims are unable to defend themselves in court. Talk about a free ride!

MORE:

That's certainly consistent with the finding of a world-wide survey unveiled Thursday morning that ranks the United States lowest among 11 developed nations when it comes to providing access to justice to its citizens -- and lower than some third-world nations in some categories.

Particularly when it comes to access to and affordability of legal counsel in civil disputes, the U.S. ranks 20 out of the 35 nations surveyed, below not only developed nations but also such countries as Mexico, Croatia and the Dominican Republic.


The average American Homeowner was a sitting duck for the big Banks and their enablers. For millions of Americans it is too late to get Due Process. For some, maybe now they will.

But the complicity of our Government in these injustices is as disturbing as the crimes themselves.

It seems that if our Government has any say in the matter, there won't be much Due Process going forward only protection for the perpetrators of the crimes.

Just when hopes are raised that these draconian foreclosures will stop until some system of justice is restored to oversee them, we learn today that HUD Secretary, Shaun Donovan wants us to believe that a Moratorium on Foreclosures will harm US, the American People. Isn't that what they always say when they are getting ready to screw the people one more time?

From Big Tent Democrat at the legal blog Talk Left on the HUD Secretary's statement:

Who Owns That House?


HUD Secretary Shaun Donovan:

A national, blanket moratorium on all foreclosure sales would do far more harm than good -- hurting homeowners and home-buyers alike at a time when foreclosed homes make up 25 percent of home sales.

For instance, in Cleveland, where there are over 18,000 vacant homes, lives Millie Davis who recently earned her Master's Degree in Urban Planning from Cleveland State University and just bought her first home - one that had fallen into foreclosure and sat abandoned for years. Had a blanket moratorium been in place, that sale would have fallen through <. . .> These homeowners are at risk, too - and the best hope they have is for the "Foreclosed" signs in front of the vacant, abandoned properties on their block to come down, so that the value of their homes can start rising again.


I am insistent on following the rule of law and providing homeowners due process, not a moratorium on foreclosures. I am for ending the moratorium on the rule of law that persists in this country regarding foreclosures. But beyond that, Donovan's statement makes no sense. The current climate of clouds over titles to homes is not a result of a potential national moratorium on foreclosures. ....


I couldn't agree more with that last sentence. The Moratorium, says Donovan, is the cause of the problems!! I am repeating that last sentence as it sums up the cause so succinctly:

Quite the opposite. It was due to the moratorium, blithely accepted by the Obama Administration, on due process and the rule of law

The 'moratorium on the rule of law'. They had no problem with that moratorium.

That study simply confirms what many people know. Access to Justice in the U.S. is at Third World Status. And when the Government itself is enabling the criminals, the cards are so stacked against the average citizen that a crime such as the Foreclosure Scandal, was so easy to get away with. And no one at the top of this Ponzi Scheme will ever be held accountable.

Note Donovan's main concern. It is NOT the injustices that were perpetrated against millions of Americans, it is the profits that will be lost by the very people who caused the crisis.





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lovuian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:26 PM
Response to Original message
1. Justice there is no Justice in this US
only the rich corporations get Justice
this is Robber Baron times being relived over again
Hoover

The American way of life has gone down the tubes
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mediaman007 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:43 PM
Response to Reply #1
2. As a newly retired, I have to admit that I lived through the best of times.
The Teabaggers have the right attitude for the wrong problems.
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 12:15 PM
Response to Reply #2
12. And the French have the right attitude.
They have millions on the streets, national strikes of every profession and have now slowed down air travel.

Here, we always have the do-gooders telling us that we will alienate people if we have a real protest that actually gets their attention, like shutting down major cities and doing it regularly until they start remembering who they work for.

Iceland is another example. They threw out their government when they found out about the financial meltdown, they have started prosecutions against the leaders who got them in trouble, and the DON'T balme the people who lost their jobs and are in default on mortgages eg. They are demanding a forgiveness of debt, making the banks pay for those defaults. And the Government is now planning to get a bill ready to do that.

Maybe you lived in a time when Americans were not so apathetic or afraid of the government. Or maybe they learned how to squash all opposition by buying the media eg.?
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mediaman007 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 09:06 PM
Response to Reply #12
23. Ah, the media!
In the 70's and 80's NBC was owned by RCA. CBS owned CBS. And ABC was owned by ABC.

The media: the root cause of America's malaise.
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 11:21 AM
Response to Reply #23
30. The media is a huge part of the problem. Eg, how many people
who rely on TV for their news, even know about this huge story?
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:04 PM
Response to Reply #12
34. +1 --
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 08:53 PM
Response to Reply #2
22. That's a very good way to put it. n/t
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:17 PM
Response to Reply #1
3. Who is really running the country?
If anything says that it is not the government people elected, it is the fact that the Banks were able to create an entity, MERS, that circumvented the rule of law governing the recording of Home Ownership and basically make their own laws.

And Congress knew what they were doing. Marcy Kaptur warned people about it two years ago. If she knew, Congress knew, but in spite of that, they bailed them out and ignored all the law-breaking that was going on, and did nothing to protect Home Owners from the predatory practices they were victims of.

And they will do it again. We will be told that we must allow the foreclosures to continue 'for own good'. If the American people accept that before there are some arrests and prosecutions and some resolution that provide justice to those who were wronged, then all I can say is 'we get the government we deserve'.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:05 PM
Response to Reply #3
35. +1000% --
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cilla4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:44 PM
Response to Original message
4. I serve on a volunteer board
appointed by my state Supreme Court to look into expanding access to justice by licensing qualified, trained non-attorneys (such as myself, a paralegal) to augment the existing system by providing lower cost legal services to low and middle income folks. No surprise -- our strongest opponents can be found among licensed attorneys! Turf, y'know. Not that they are serving these folks, themselves!
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 11:16 PM
Response to Reply #4
5. Good for you and thank you for your efforts. I always thought
that every attorney had to do some pro bono work for people who could not afford legal representation. Was I wrong?

Eg, when the court appoints an attorney to someone who is accused of a criminal act, are those attorneys paid by the state and are they paid their normal rates?

I am NOT surprised to hear that it is attorneys themselves who oppose helping the poor.

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cilla4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 07:47 PM
Response to Reply #5
16. As far as I know, attorneys are "encouraged"
but not required to do pro bono!

Yes, public defenders are paid from public funds, generally at a discounted rate. There is now underway a small movement for similar "free" representation in civil, eg, non-criminal cases. So, for example, a spouse falling below poverty level would qualify for free, government-sponsored representation in a marriage dissolution, similar to an indigent criminal defendant.
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marions ghost Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 03:31 AM
Response to Reply #5
27. It is not the poor
who are without legal recourse in America. It is the middle class.

This is what America needs to wake up to--every one is far more vulnerable than they realize.
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ProudDad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 09:31 PM
Response to Reply #27
53. Sorry, but the shrinking "middle class"
Edited on Wed Oct-20-10 09:32 PM by ProudDad
has MUCH more access to "justice" than the poor...

The "middle class" loses their homes while the poor lose their freedom and their lives in the criminal-injustice "system"...

Of course, both classes pale in comparison to the rich and their minions...
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Lyric Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 05:08 AM
Response to Reply #4
9. They're afraid that wealthier people might notice how competent you are
and hire YOU instead of THEM.
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Hannah Bell Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 01:35 AM
Response to Original message
6. knr.
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PufPuf23 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 01:44 AM
Response to Original message
7. The USA legal system is near totally corrupt and bought and
dominated by psychopaths.

There is scant rule of law but control, intimidation, and unfair transfer of wealth is sanctioned.

The status quo is insanity where war or financial crimes are ignored and petty crimes or non-comformity have more consequence.
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 03:38 AM
Response to Reply #7
8. And when the corruption is revealed, as is happening now,
all the Banks have to do is to call up Congress and order them to 'fix it'.

The fix is already in. Banks who stopped foreclosures this week are announcing that they will resume starting immediately. This can only be because they have received assurances from Congress that they will be protected.

There should be millions of people out on the streets as they are in France over this. In Iceland, they are prosecuting the leaders who collapsed their economy.

But here in the U.S. there is silence. And we will move on. The media will simply stop covering the story and if anyone is prosecuted, it will a few lower level employees, as happened with the torture scandal.

Insanity is a good word for it.
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Panaconda Donating Member (672 posts) Send PM | Profile | Ignore Tue Oct-19-10 07:00 AM
Response to Original message
10. K&R
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TBF Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 07:06 AM
Response to Original message
11. K&R nt
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Ignis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 04:11 PM
Response to Original message
13. K&R
:patriot:
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Yellow Horse Donating Member (462 posts) Send PM | Profile | Ignore Tue Oct-19-10 04:42 PM
Response to Original message
14. If you are middle class and somebody sues you (even unjustly) you are screwn unless...

...you have thousands in liquid assets quickly available to pay a retainer for legal defense to fight the suit. Our civil courts are very hostile third-world style places without a lawyer.

The truly poor in America can get often get some legal aid (and many are judgment-proof anyway.) The rich of course can afford good lawyers to fight lawsuits. But cash-strapped people in the middle who can't immediately pay for legal defense are at risk of losing everything in our court system.

This is NOT just in foreclosure cases. And it sucks.


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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:07 PM
Response to Reply #14
36. The costs for legal representation for bankruptcy, but one example of this .....
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nashville_brook Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 06:46 PM
Response to Original message
15. k and r
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AlbertCat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 08:23 PM
Response to Original message
17. America IS a 3rd World Country..... with a credit card.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:08 PM
Response to Reply #17
37. and a Superpower .... with a MIC eating up most of our tax dollars -- !!!
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datasuspect Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 08:33 PM
Response to Original message
18. deliberate dispossession to gut the middle class
the foundation of economic stability and being a stakeholder in this capitalist society has been property ownership.

stuff like this happens in africa, but they have machete wielding rebels instead of clean smelling mostly white businessmen in suits.
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Rex Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 08:38 PM
Response to Original message
19. There is local justice, state just and then you have
the Feds that have their own brand of justice. Sadly at the federal level most of the mega-criminal elements and 'justice' sit around drinking scotch while playing the back nine. Duped? You ain't even seen the worst of it yet.
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soryang Donating Member (642 posts) Send PM | Profile | Ignore Tue Oct-19-10 08:51 PM
Response to Original message
20. Mers fraud intended to cover up the failure of globalism
Edited on Tue Oct-19-10 08:52 PM by soryang
It was intentional and planned at the highest levels of wall street and government. No products to export? Manufacturing sector collapsed? Balance of payments astronomically in arrears?

Print a lot of fraudulent paper, issue a lot of fraudulent loans, "securitized" and "insure" it fraudulently and sell it to sucker buyers in pension markets and foreign markets.

The mass production process in mortgage lending yields the same results as mass processing of criminal cases in court, no due process, no trials, no justice. I quit the legal business three years ago and don't regret it at all. The US is all about money and nothing else, no ethics, no law, and no Constitution.

Needless to say the same critique applies to medical care. No money? Go off to a corner and die.

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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 11:14 PM
Response to Reply #20
24. Very succinctly put. That is exactly what they did.
The sucker buyers are going to be heard from soon, I think. The investors. What I don't get is how these people were allowed to use the personal property of the American people, iow, their homes, their mortgages to make money from WITHOUT their knowledge or permission? I feel that people were violated, their mortgages confiscated and sold to investors, often to FOREIGN investors and they had no say in this. They did not even know it was going on.

AND, if there was a profit to be made from someone's mortgage, shouldn't THEY have made some from it also?

They treated the American people as if they were pieces of garbage, sorted them out, shuffled them around, bet on some of the failing, others succeeding, and cared nothing for what was about to happen to them. IS THIS LEGAL? And if it is, should it be made illegal?

I want to know who is looking at my personal information. Predators like these, scrutinizing what should be private information to see how they can gamble with that information. It was evil.

I am sorry you left the legal profession but I can understand why. I don't think people realize yet just how bad things really are, or how much we have lost, or had stolen from us as a nation.

'No ethics, no law and no Constitution'. We have had a coup, as Marcy Kaptur said. And the invaders do not care one bit about this country. We have to make them care. We need to do what the people of France, and Iceland are doing. Or, accept the fact that this is no longer a democracy and our government is totally bought by big money, corrupt money.

I'd like to fight to restore the rule of law.

A very interesting post, thank you.
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 11:15 PM
Response to Reply #20
25. Very succinctly put. That is exactly what they did.
The sucker buyers are going to be heard from soon, I think. The investors. What I don't get is how these people were allowed to use the personal property of the American people, iow, their homes, their mortgages to make money from WITHOUT their knowledge or permission? I feel that people were violated, their mortgages confiscated and sold to investors, often to FOREIGN investors and they had no say in this. They did not even know it was going on.

AND, if there was a profit to be made from someone's mortgage, shouldn't THEY have made some from it also?

They treated the American people as if they were pieces of garbage, sorted them out, shuffled them around, bet on some of the failing, others succeeding, and cared nothing for what was about to happen to them. IS THIS LEGAL? And if it is, should it be made illegal?

I want to know who is looking at my personal information. Predators like these, scrutinizing what should be private information to see how they can gamble with that information. It was evil.

I am sorry you left the legal profession but I can understand why. I don't think people realize yet just how bad things really are, or how much we have lost, or had stolen from us as a nation.

'No ethics, no law and no Constitution'. We have had a coup, as Marcy Kaptur said. And the invaders do not care one bit about this country. We have to make them care. We need to do what the people of France, and Iceland are doing. Or, accept the fact that this is no longer a democracy and our government is totally bought by big money, corrupt money.

I'd like to fight to restore the rule of law.

A very interesting post, thank you.
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soryang Donating Member (642 posts) Send PM | Profile | Ignore Wed Oct-20-10 08:41 AM
Response to Reply #25
29. If you read a mortgage note it is assignable...
Edited on Wed Oct-20-10 08:50 AM by soryang
...in recent years by the note originator and his successors but not by the home buyer. Assignments are required by state law to be recorded in the county court house where the property is located. This was not done by the banks. Instead, they avoided transaction costs and local taxes by simply recording the transaction in the multistate electronic registration system, M.E.R.S. This was a entity/device with no legal standing whatever invented by the investment bankers. This is why home buyers had no notice of what was going on with their mortgages. This is why judges in some states are throwing out the mortgage foreclosures where they are challenged by the respondent/owner. Since most mortgage foreclosure defendants/respondents default, mortgage servicers thought they could just fabricate documents or perjure themselves to create a legal trail that didn't exist. Interesting that perjury and fraud on the court are now known as "robo signing."

Because M.E.R.S. has no legal standing, AIG and others conspired to issue Credit default swaps on so called mortgage backed securities as insurance to M.B.S. buyers. They called them CDS's to pretend they weren't insurance. This because insurance legally requires a reserve and is regulated by law. They had no reserve and avoided/violated state insurance regulations by doing this. Mortgage backed securities were not backed by enforceable mortgages and were not secure. The issuers knew this, any law school graduate who taken more than one real estate course could tell them that.

When it became generally known among MBS purchasers that the instruments were essentially fraudulent, the CDS's were called. AIG and others almost instantly went bankrupt. Credit froze internationally when it was realized that US banks were crooked. Credit risk had to be nationalized and the US taxpayer picked up the tab.

In other words, this was a massive conspiracy to defraud. Why no grand juries? Why no indictments? Because these bankers own the political parties.
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 11:58 AM
Response to Reply #29
31. Thank you. Again, a very excellent summation of what
happened.

I remember Michael Moore in 'Capitalism, A Love Story' trying to get an answer to the question 'What is a Credit Default Swap' from someone who worked on Wall St. He was the only one, btw who agreed to talk to MM.

That scene where the Wall St. guy attempted to explain it, with MM looking increasingly puzzled the more he explained, summed up for me, why no one knew what was going on. MM asked him then if they made up these terms to deliberately confuse everyone outside of Wall St. If they hired very smart people, like him, to think up language that no one but they could understand. And he admitted that is exactly what they did.

This should be illegal, imo. It is a deliberate attempt to deceive.

Credit froze internationally when it was realized that US banks were crooked Yes, but how many Americans realize this? The media never once called this what it is. They often blamed the home-owners in fact never using the word 'criminal', and still have not today.

I'm a bit unclear about the first sentence. I understand about the recording of Assignments and that it was not done. But is this information allowed to be used, if it HAD been legally recorded as usual, by total strangers for their own benefit without notifying the mortagees? It seems wrong to me for some reason, an intrusion by strangers into the business of Americans for profit. And my other question, if profits ARE made by the use of people's personal information, should they not be aware of it and share in those profits also? It was secretly. I find that to be very disturbing for some reason.

M.E.R.S had not legal standing, yet thousands of judges appear to have overlooked that fact. Didn't the local recorders of deeds notice that homes that were sold were not being recorded and that they were losing money as a result? Someone was not watching the store it seems.

As for this:

In other words, this was a massive conspiracy to defraud. Why no grand juries? Why no indictments? Because these bankers own the political parties.


Is this on a Federal level, or State? I am asking because people could start a movement in every state to demand that Grand Juries be set up. It seems to me, since I agree with regarding the Banks owning Congress, that our only hope is in local State authorities going after them.

Your post SHOULD be an OP as it explains so clearly for people who have not been following this story, exactly what went on.

I am not very good at economics so it took me a while, after Henry Paulson's demands for a bailout without oversight, to study this whole mess as I was certain at that point that they were hiding something really big.

I wished someone who did understand it all could simplify it for the rest of us. Such as make a list of the terminology they use together with a translation ie, 'credit swaps', which you have explained in this post.

The only way we will get action is if the American understand what went on clearly which the wholly owned MSM will never help them to do.

Thanks again for an excellent post.

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soryang Donating Member (642 posts) Send PM | Profile | Ignore Wed Oct-20-10 01:12 PM
Response to Reply #31
33. I'm just giving a general analytical framework
Edited on Wed Oct-20-10 01:33 PM by soryang
So that people can understand what is going on. I haven't done any primary research on it. I have followed mostly on Washington's Blog.

I think jurisdiction is a technical issue for prosecution, whether the actor is in marketing of retail mortgages which could be state jurisdiction or the contruction of MBS and their "tranches" as securities and the sale of the related insurance which comes under federal jurisdiction and probably NY state jurisdiction.

Here is something from today's article from Washington Blogspot.com which I have used as a source, as well as Matt Taibi's coverage:

Tuesday, October 19, 2010
Was Abacus the Business Model for the Entire Mortgage Industry?

http://georgewashington2.blogspot.com/2010/10/did-giant-banks-intentionally-loan-to.html

...

If a loan is assigned to different tranches and/or different trusts, with each tranche or trust having its own series of credit enhancements and insurances, this means the possibility of multiple levels of insurance for the same loan, which goes to prove what we have been arguing for years: that upon securitization, the mortgage loans were insured with multiple layers of insurance so that when the loan went into default, those in the placement chain could reap untold profits by having the same risk paid over and over and over again through multiple claims or reserves. Anyone who read through the SEC v. Goldman Sachs lawsuit knows this.

As such, any foreclosure defense should now hammer, hard, on ALL available credit enhancements, insurances, tranche assignments, and all agreements relating thereto. We will make a predition here: that very soon, there are going to be a series of cases where it is revealed, in discovery, that mortgage loans were paid 2, 3, 4, or more times on default and that the foreclosing party is simply trying to get paid a 5th or more time by stealing the borrower’s house under false pretenses and with material omissions and improper objections as to discovery related to setoffs (which objections we predict will be overruled once the judiciary is educated as to these matters). Once that happens, we see a literal tsunami of fraud upon the court claims and damage claims against the current foreclosure perpetrators.


Foreclosure fraud investigators should drill down on the extent to which these incentives motivated the mbs packagers to include mortgages which did not meet underwriting standards.

They should also investigate the extent to which these incentives motivated mortgage originators to create "liar's loans", "ninja loans", "neutron loans", and "toxic waste".

See this on how credit default swaps can be used like buying fire insurance on someone else's house and then burning down the house, and this explanation by Ellen Brown (starting about half way into video). "

...

(I started using the fire insurance analogy more than a year ago.) The assignment of mortgages is lawful as long as constructive notice takes place in the oounty records and the appropriate taxes are paid.

I appreciate your interest in this very important subject. I called Mike Feder once and told him that the credit crisis was caused by bank fraud and he told me no, I don't think so. I have discussed it on satellite radio on a call in with Mark Thompson also. He understands the bankers cupability. Mike Malloy and Thom Hartman have given Matt Taibi's work some coverage. Unfortunately, a lot of people's eyes start to glaze over when you discuss these matters. Mark for example admits he doesn't feel comfortable with economic matters and for this reason avoids it.








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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 03:53 PM
Response to Reply #33
44. Paragraph 2 answered my question re jurisdiction, thank you.
Also, I realize you did answer my question regarding mortgages being used by profiteers as investments for third parties. I think I understand what you meant.

If you read a mortgage note it is assignable......in recent years by the note originator and his successors but not by the home buyer. Assignments are required by state law to be recorded in the county court house where the property is located. This was not done by the banks


Does this mean that the note holder CAN use the loan as a commodity for others to invest in, without the knowledge of the homeowner? Or, if it is recorded properly, would the homeowner be notified? I believe you are saying that the homeowner is not entitled to any profits from such an assignment.

As for this excerpt below from your link, this is information that is very important. But, does it mean that even when, as has already happened in a few cases, a court awards the home being foreclosed on to the homeowner free and clear, due to false documention by the lender, that the lender actually has not suffered any loss if s/he has already collected insurance on the defaulted mortgage?


We will make a predition here: that very soon, there are going to be a series of cases where it is revealed, in discovery, that mortgage loans were paid 2, 3, 4, or more times on default and that the foreclosing party is simply trying to get paid a 5th or more time by stealing the borrower’s house under false pretenses and with material omissions and improper objections as to discovery related to setoffs (which objections we predict will be overruled once the judiciary is educated as to these matters). Once that happens, we see a literal tsunami of fraud upon the court claims and damage claims against the current foreclosure perpetrators.


'Fraud upon the Court'. I really hope this happens. Allowing them to get away with this for several years now, completely undermines the rule of law.

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soryang Donating Member (642 posts) Send PM | Profile | Ignore Wed Oct-20-10 06:02 PM
Response to Reply #44
46. I think double or multiple recoveries are disfavored in equity
If the court operates in the equity realm multiple recovery would be disfavored and a defense to a mortgage claim. The defaulting owner/borrower could claim that he is a third party beneficiary of those bargains made and recovered upon by the lender. The failure to record the mortgage assignment properly is the first defense however. The assignee of the mortgage may not even get inside the courthouse because he doesn't have standing. In order to raise any defenses, the borrower being foreclosed upon needs to timely file a defense. If he defaults by not filing a response to a foreclosure notice in court, he loses by not making an appearance.

I am not currently practicing law and this should not be considered legal advice in any specific situation a lawyer should be retained. Legal aid clinics have been carrying a lot of litigation because people being foreclosed on don't generally have any resources for private counsel. Real estate litigation is like other litigation highly technical.

Recording assignments of mortgare at the courthouse serves as constructive notice to the homeowner. You wouldn't know unless you go to the county record and look for it. As described in this article I have linked to, you wouldn't know who held an interest in your mortgage if it was assigned, that is the essence of the problem. But it is the assignee's problem as well when it comes to light in discovery or litigation. This is what all the fuss is about.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:14 PM
Response to Reply #29
39. K&R for your post .... everyone should read it --
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:11 PM
Response to Reply #20
38. Unfortunately, too many mercenaries involved in law and medical care ...!!
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-19-10 08:53 PM
Response to Original message
21. Too late to rec.
:kick:
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marions ghost Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:54 AM
Response to Original message
26. I am hoping that
Americans who are not wealthy WAKE UP to the fact that they have:

1. Very little access to justice
2. Little effective legal protection in most aspects of their lives
3. NO consumer protection.

------
From the article posted:

"...the finding of a world-wide survey unveiled Thursday morning that ranks the United States lowest among 11 developed nations when it comes to providing access to justice to its citizens -- and lower than some third-world nations in some categories.

Particularly when it comes to access to and affordability of legal counsel in civil disputes, the U.S. ranks 20 out of the 35 nations surveyed, below not only developed nations but also such countries as Mexico, Croatia and the Dominican Republic.

The average American Homeowner was a sitting duck for the big Banks and their enablers."
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LatteLibertine Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 04:47 AM
Response to Original message
28. People should be more outraged than they are
Edited on Wed Oct-20-10 04:49 AM by LatteLibertine
The reality of this scam and exploitation is almost unbelievable.

The very large banks we bailed out are creating new shark businesses to pursue property and folks remaining savings daily.

It's also worth noting the infotainment we consume has been reduced to about six large corporations since 1983.
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newspeak Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 12:29 PM
Response to Reply #28
32. well, the "mad as hell-I want my country back" teabaggers
apparently don't get that they are serving their masters well. Their movement is being funded by corporate interest-so as they spout about "free enterprise" and libertarian bullshite-little do they know, that freedom does not mean "individual freedom" (look at Little Boot's attack on the constitution and Bill of rights)-it means corporations are free to do damn well as they please (deregulation, deregulation, deregulation)--more deregulation to further screw the people, while more and more of our money is shoveled to irresponsible corporations so that they can make a killing off of us. Privatizing the public sector, and these ignorant people are falling for the snowjob.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:26 PM
Response to Reply #32
42. T-baggers are financed by Koch Brothers ... and run out of PR firm... why don't they know this???
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:19 PM
Response to Reply #28
41. Rahm "crowed" about Obama NOT nationalizing the banks despite calls for it ...!!
Edited on Wed Oct-20-10 02:25 PM by defendandprotect
Here's the quote ...

Ramh .... crowing about preserving "private health care industry" ... business s/b grateful!

Here is the quote: ”In a Thursday interview, White House chief of staff Rahm Emanuel argued that rather than recoiling against Obama, business leaders should be grateful for his support on at least a half-dozen counts: his advocacy of greater international trade and

education reform open markets despite union skepticism;

his rejection of calls from some quarters to nationalize banks during the financial meltdown;

the rescue of the automobile industry;



the fact that the overhaul of health care preserved the private delivery system;

the fact that billions in the stimulus package benefited business with lucrative new contracts,

and that financial regulation reform will take away the uncertainty that existed with a broken, pre-crash regulatory apparatus.


http://dyn.politico.com/printstory.cfm?uuid=B2F85DDF-18...



W Bush also stopped the Governors from getting together to halt these LIAR LOANS.

And to investigate -- Gov. Eliot Spitzer was giving leadership to getting the governors

together!


Note: The quote was posted here at DU by another poster 8/12/10

And it should make everyone here at DU sick to their stomachs, unless they can't read?





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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:50 PM
Response to Reply #41
43. Wow, I had not seen that quote before.
Can anyone doubt WHO they were actually working for after reading that quote?

Iceland eg, immediately Nationalized its banks after the collapse of their economy. They are now pusruing those responsible in court, the former neo-liberal PM eg.

And now, they are doing what should and may be the only way to resolve this mess, planning on forgiving debt, particularly the homeowners there facing foreclosure. Their attitude is that the homeowners did not cause the collapse but were victims of it and should not have to pay the debts of those who did cause it. Icelanders were out in the streets demanding this debt forgiveness last week, and the new government is now preparing a bill to try to do so.

Rahm's admission, a confirmation of what we all thought of their actions on Health Care, that they 'saved the private industry'. They essentially bailed them out as they were going under as more and more people became unemployed. That is why a Health Care Bill was allowed to pass so quickly. Had it benefited the people, it would have met the same fate such bills have always met.

What's he's boasting about the privatization of this country's Ed. and Healthcare system. Next up SS but they may have to wait a little while on that, although I am certain they plan to cut benefits when they think we are not watching.

What a disasterous situation we are in as far as preserving even a semblance of a democracy.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 08:48 PM
Response to Reply #43
48. Pretty obvious what was going on and is still going on ....
Amazing that when I post that quote for people who are really gun-ho here for

Obama .... they go silently away -- no comment!

I don't know, maybe they think the next day will clear their memories and they

won't be forced to face reality!!???

Didn't know about Iceland and saner, logical stuff going on around the world --

Basically we are behaving outrageously insanely -- and we've not only bailed out

the criminals and refused to prosecute them -- but we've set them up to do it again --!!




:)
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 02:17 PM
Response to Original message
40. Goldmine of information in this thread -- thank you, sabrina 1 ---
Information that is much needed here to help us understand the full implications

of what we are discussing re this issue --

:)
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 08:18 PM
Response to Reply #40
47. Thank you, but I have learned so much from the comments
Edited on Wed Oct-20-10 08:19 PM by sabrina 1
and links provided by DUer Soryang that I am having trouble processing all of it. It feels like being part of an crime investigation that is so huge, each day more evidence is coming in to prove that this was not only a huge crime involving large numbers of people, but a crime that was pre-meditated, the scheme so deliterately complex that it would take years before it was uncovered. The minds who thought this scheme up were clearly bereft of any kind of human decency. Smart, yes, very smart, but evil is probably the best way to describe them.

The huge web of deceit that had to have had the complicity of many 'respectable' people and entities such as Big Banks, as it unfolds may end up being the biggest crime ever committed against this country in history as far as undermining its very stability, and all for greed.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 09:08 PM
Response to Reply #47
49. Went back to scan the article quickly ....
because I wanted to comment on Marcy Kaptur knowing about the illegalities and therefore

all of the Congress -- couldn't find it -- might have seen it elsewhere.

Capitalism sets us up for crime because unless it is heavily policed and regulated by

Congress, then we all become victims of it. I don't think we should be taking any more

chances in continuing with capitalism, especially when we see how well money works to

loosen the regulations even when they are in place.

The other sad part of it is that IMO we are being set up again --

so there's not only a cover up, not only a Democratic president who protected the banks

from being "nationalized" -- but we could easily be down this road again in future!



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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 09:26 PM
Response to Reply #49
51. Not sure which article you are referring to. But Marcy Kaptur AND
Michael Moore sounded the alarm approximately two years ago. The video of her speech instructing people not to leave their homes because 'they do not have the paperwork' is still available online.

Capitalism must be regulated but as we know now, the deregulation which happened when Glass/Steagal was rescinded, a Randian dream come true, was the beginning of the end of any kind of oversight or restriction on the greedy, unethical, robber barons who were waiting to take advantage of the freedom this gave them to implement their various Ponzi Schemes uninhibited by any restrictions on their greed.

I agree, like all the other 'isms' before it, Capitalism can no longer be trusted.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 09:29 PM
Response to Reply #51
52. Thank you -- fortunately, DU'ers here have an opportuniy to find out about all of this....
with your help!

:)
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sulphurdunn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 05:53 PM
Response to Original message
45. Regarding our financial criminal class:
We don't need them. They need us. If we ever wake up to that fact we'll own them instead of them owing us.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 09:11 PM
Response to Reply #45
50. Exactly .... but their crimes are also being protected by a lot of elected officials they bought-!
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