A financial coup d'etat with primary weapon being dispossession of homes and land from the Peopl
In violation, therefore, of Universal Natural Law, the Black-letter requirements of Contract Law, the Law of Negotiable Instruments (UCC which has been adopted by each State), Truth-in-Lending laws, RESPA (Real Estate Settlement & Procedures Act), due process clauses in the Bill of Rights in the United States Constitution, CACivCodeProc 1132-1134 CONFESSION OF JUDGEMENT, statutory law and AND other applicable case law notably in California Supreme Court's game-changing ruling in YVANOVA v. NEW CENTURY MORTGAGE CORPORATION, et al; 62 Cal.4th 919 (2016), 199 Cal. Rptr. 3d 66, 365 P.3d 845); there is a battle of LOGIC and LAWFUL CONDUCT raging on Main Street and in the courts of this nation. [Reposting from Resources page which has live links to references]
Comment on graphic above (http://www.statisticbrain.com/home-foreclosure-statistics/) : I have no way to absolutely corroborate these stats but it is CLOSE to other reports we on Main Street are getting. The total DISPOSSESSIONS above = 15,457,639! (and yes I caught the typo.) We also can't tell here what portion are owner-occupied principle residences vs. investment or rental properties. However, rentals occupied by tenants mean most often those tenants are displaced. And for each of the 15 Million we should multiply by say 5 the number of individuals AFFECTED (at least); due to household size and perhaps other family members who end up taking them in; not to mention neighborhood depreciation, disruption of children's school and impact on the community around the foreclosed family and home. THIS IS A SCOURGE, A PLAGUE in our Nation. And sadly, deplorably the employee-level administrative and foreclosure-driven law firms who wield this harm on the job are We the People employed by some aspect of the Foreclosure Machine entities, carrying out, as its minions, OVERWHELMINGLY-UNLAWFUL Practices of Harmful Misconduct against We the People! We are tasked with saying NO to this cannabilistic self-destruction as a People and a Nation. Wake up Main Street, there is a common enemy and we are in a battle for our Republic.
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SEVERAL State Supreme Courts have ruled that "MERS" never takes ownership of the debt/NOTE and therefore can never convey what it does not hold, AS WELL AS RECENT Delaware and Florida State Supreme Court rulings [see other blog posts "Boss of the Note," and "Harvard Law's Amicus Brief], that standing to enforce the Debt/Note by way of valid assignment/transfer OF THE NOTE OR DEBT ITSELF is required to foreclose, and that an Assignment of Mortgage / Deed of Trust ALONE is insufficient and fails to prove standing to take ANY adverse action against borrower/homeowner; and in contravention of hundreds of years of case precedence and traditional business practices of title transfer of real property; our Notes were "converted" into an unrecognizable new form in post-1998 "securitization on Wall Street", obliterating and violating UCC Articles 3 and 9 protocols for "negotiable instruments" as well as masked deep damaging harm into the Deed-of-Trust: Borrowers were contractually-adhered at signing deemed with legal status of a party in interest subject to a slate of asserted "unconscionable" adhesions on the unilateral and sole-signatory Deed of Trust, the end result being soundly argued Contract-Void-Ab-Initio.
Borrowers AT SIGNING therefore were a party-in-contract with standing to sue for breach of contract or damage. However only later, and at the seeming whim of the Foreclosure Machine entities, borrowers were subject to non-judicial dispossession of house and home via credit-bid auction and subsequent Unlawful Detainer proceeding ALL ROLLING OUT ABSENT DUE PROCESS BEFORE DISPOSSESION OF PROPERTY, with no proven Holder in Due Course of the Note, i.e. with zero appearance of a proven Owner of the Debt! Thus borrower is stripped of rights due by our true legal status, made to descend into mere "tenants" to be evicted for non-payment of lease rents, unable to challenge the lack of standing of the "landlord," who should be subject to proof of standing as the "Boss of the Note!" and owner of the debt. (YVANOVA established this.) This is an illogical, unlawful denial of rights by law to which we do not consent.
So this injurious "foreclosure machine" first decides by whim that our SIGNATURE at origination becomes THE KEY ITEM and basis of lucrative securitization frenzy on Wall Street, only to later decide again by whim that the same signatory be stripped of any contractual rights, and that their seal by signed hand is only the sad scratchings of a tenant who hasn't "paid their rent?!" What's more, that signatory, i.e. we the borrowers most often than not tried MULTIPLE TIMES to pay on a modified loan or other workout process to restore and reinstate good standing! For which taxpayer bailouts in the trillions were thrown; a damage to ALL taxpayers, while neighborhood home values plummet due to the scourge.
Or even more unspeakably egregious how's this: Wall Street insiders sold mortgage-backed securities to their clients (ahem) while shorting those same investments with "credit default swaps" insurance. Obama then announced federal programs to help "Main Street" justifying in part those massive taxpayer bailouts. BUT when borrowers inquired about loan modifications PRIOR TO ever missing a payment, those Wall Street insiders began to roll out Operation Cash-in on CDS: "Customer service reps working at mortgage-servicing companies are to instruct borrowers to 'miss 90 days of payment's in order to qualify for any federal programs!!!" After 90 days, the left hand went silent while the right hand tells us "I'm sorry you were instructed as such, but you're now in "default" and the "investor of your loan who we will never disclose the identity of" has denied you any modification. " Sorry, goodbye. Click. This incredulously is followed by a slate of documents (forged, false, fraud) appearing in our County Records, and an auctioneers gavel hitting the block.
How can we not cry "foul!" with a loud voice and insist on a redress of grievances, on fair play, and on the resilience of American families, workers and small business persons who produce the real value in our country!!