New Jersey Cracks Down On Foreclosure Fraud
Video - Alan Grayson
Banks are foreclosure fraud factories...
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Source - New York Post
Report rips NJ foreclosure robo-signing notary
The face of New Jersey's robo-signing scandal may be a Pennsylvania notary public who signed thousands of foreclosure documents in the Garden State even though he wasn't licensed there.
Thomas Strain, who now heads the bankruptcy team at GMAC Mortgage Corp., has emerged as a key player in New Jersey's foreclosure mess through a damning report that swayed the state's top judge to crack down on rogue foreclosure filings by the nation's largest mortgage lenders, including GMAC.
Earlier this month, New Jersey's chief justice, Stuart Rabner, announced severe measures to halt abusive foreclosure practices in the state, including rubber-stamping documents without verifying their authenticity, known as robo-signing.
Among the measures, Rabner is requiring the nation's six largest mortgage lenders, including Ally Financial's GMAC, Citigroup, OneWest Bank and Wells Fargo, to prove their procedures are up to par at a hearing set for Jan. 19 -- or risk having their foreclosure activities suspended in the state.
http://www.nypost.com/p/news/business/sign_of_the_times_wOvGHrYMdbzZqEVgonGR4K
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Dec 29, 2010 at 1:25 PM
Reader Comments (9)
by Bob Chapman
http://globalresearch.ca/index.php?context=va&aid=22543
Fraudster Tomáš Pitr is one of the most wanted Czechs abroad
http://www.praguepost.com/news/6928-swiss-approve-extradition-of-fugitive-businessman.html
Read more: http://www.businessinsider.com/two-proofs-that-basel-2-established-the-housing-bubble-and-foreclosuregate-2010-11#ixzz19XEiPUm5
Read more: http://www.express.co.uk/posts/view/219745/Half-of-Germans-want-to-axe-the-euroHalf-of-Germans-want-to-axe-the-euroHalf-of-Germans-want-to-axe-the-euro#ixzz19XKeTsJm
Wait until people don't have anything left to lose, even their life.
Prediction... you will need more than cops, guns and martial law to stop what comes of it.
It won't be violent mind you, it will be a social disorder merely much like a disease or flu
epedemic, or similar to the snow this week, it will affect everyone and dismantle a functional
society.
Did the foreclosure complainant provide an opportunity for sight-verification-comparison of the ORIGINAL promissory note and mortgage agreement against the COPIES purportedly substantiating their claim?
Without sight-verification-comparison of the COPIES, claimed to be evidence of the ORIGINALS, to the ACTUAL ORIGINAL promissory note and mortgage agreement, the COPIES MUST be considered to be COUNTERFEIT, FORGED, PHOTO-SHOPPED, and FRAUDULENT.
In virtually every state jurisdiction the right to commence DISCOVERY on the day of SERVICE (Notice) of the foreclosure claimant’s intent to foreclose, is a right set out in the Rules of Civil Procedure.
In the federal courts, the right to commence informal DISCOVERY begins at least 21 days BEFORE the Rule 16 Conference, (see FRCP 26(f)(1) Conference), that means that inquiry about the demand for sight-verification-comparison of the ORIGINALS against the always proffered COPIES, for validation of the authenticity of the COPIES, can be made known to the foreclosure claimant on the day of service, just like in state actions, which should cause an immediate cessation of the action and withdrawal of the foreclosure claim. The ORIGINAL securities CANNOT be produced for sight-verification-comparison to the proffered COPIES of SECURITIES.
FRCP, 26(f) CONFERENCE OF THE PARTIES; PLANNING FOR DISCOVERY.
(1) Conference Timing. Except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B) or when the court orders otherwise, the parties must confer as soon as practicable — and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
Foreclosure claimants, as a rule, cannot produce valid, certified evidence to prove that the defendant is identified upon the face of an EXISTING ORIGINAL autographed promissory note and mortgage agreement. Any COPY of such writings can easily be fabricated either/or “photo-shopped.”
A photographic image of a baby is a COPY of the countenance of a baby. The photo-copy image of the baby is NOT THE BABY! It is ludicrous to look at a photo-copy of an image of a baby and make the statement that the photo-copy image IS the baby.
It is just as ludicrous to make the claim that a photo-copy image of a purported promissory note and mortgage agreement IS the promissory note and mortgage agreement. (Securitized and marketed by Wall Street for vast profit.)
Promissory notes and mortgage agreements are securities and therefore, MUST be presented in their ORIGINAL form, bearing ORIGINAL “wet-ink” autographs. (A photo-copy image of an autograph, is NOT the autograph.)
Photo-copy images of things, are basically, counterfeit, forged, photo-shopped, and fraudulent representations of ORIGINAL things.
"The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity." Carpenter v. Longan, 83 U.S. (16 Wall.) 271, 274 (1872). (emphasis added)
(Access Carpenter here: http://supreme.justia.com/us/83/271/case.html)
Landmark Natl Bank v. Kesler, No. 98,489, by the Supreme Court of the State of Kansas, (August 2009). (citing Carpenter, denying MERS STANDING in a foreclosure case), access Landmark http://www.kscourts.org/Cases-and-Opinions/opinions/supct/2009/20090828/98489.htm.
The United States Supreme Court was making reference to the ORIGINAL “note and mortgage,” NOT a counterfeit, forged, photo-shopped, fraudulent COPY of the ORIGINAL “note and mortgage.”
Make a photo-copy of a $100.00 Federal Reserve Note, (FRN), take the photo-copy of that FRN to a bank and try to get a banker to cash the photo-copy for you by giving you ten (10) real $10.00 FRNs.
It will NOT make any difference whatsoever if the photo-copy is certified by an affidavit as being a “true copy” of the ORIGINAL $100 FRN. A COPY OF A FRN HAS NO VALUE.
A COPY OF A PROMISSORY NOTE AND MORTGAGE – HAS NO VALUE!
WITHOUT THE NOTE, THE MORTGAGE IS A NULLITY. See Carpenter v. Longan, 83 U.S. (16 Wall.) 271, 274 (1872), presently binding case law precedent.
If a foreclosure claimant cannot PROVE actual physical existence, possession, and actual location of the ORIGINAL promissory “note and mortgage,” such claimant has failed to allege, in even a broad perspective, just exactly the nature of any "harm" suffered, and, therefore, cannot substantiate an actual and concrete injury. See, e.g., Warth v. Seldin, 422 U.S. 490, 501 (1975) (absent an express statutory right of action, plaintiff must "allege a distinct and palpable injury to himself”).
Without a provable “injury in fact,” (production of the ORIGINAL “note AND mortgage), a foreclosure claimant cannot prove standing to initiate foreclosure proceedings. A VALID assignment in ORIGINAL of the rights of the actual HOLDER of the promissory note and mortgage agreement must exist. If the note is claimed to be lost there is no way to prove the terms of the alleged promissory note and mortgage agreement.
Any uncertified, or certified, COPY of a purported promissory note and mortgage agreement must be presumed to be COUNTERFEIT, FORGED, PHOTO-SHOPPED, AND FRAUDULENT.
Did the foreclosure claimant produce a COPY of the promissory note and mortgage agreement? Both authenticum (original) writings are SECURITIES.
A copy of an authenticum (original) is a counterfeit, forged, photo-shopped, and fraudulent, if such COPY is claimed be the basis for an injury and demand for remedy.
If a photo-copy image of what is claimed to be a signature on a piece of paper is presented to establish standing, OBJECTION and DENIAL of such claim, and DEMAND that the claimant PROVE the existence of a valid ORIGINAL note and agreement is grounds to defeat a motion for summary judgment.
How can the claimant PROVE the validity of the claim without production of the authenticum (original) note and mortgage agreement?
NO STANDING. SOMEONE ELSE MUST BE IN POSSESSION OF THE ORIGINALS! THE CRIMINALS CLAIMING THE RIGHT TO ENFORCE FORECLOSURE ARE NOW OUTED AS FRAUDS!
The authenticum (original) promissory note and mortgage agreement have value; a COPY of such writing HAS NO VALUE.
Just like a photo-copy image of a $100.00 FRN HAS NO VALUE.
A photo-copy image of a $100.00 FRN will not EVER be redeemed at a bank!
A photo-copy image of a promissory note and mortgage agreement IS NOT THE PROMISSORY NOTE AND MORTGAGE AGREEMENT.
A photo-copy image of a baby IS NOT THE BABY.
The banksters are violating federal laws against COUNTERFEITING:
18 USC § 471. Obligations or securities of United States
Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.
18 USC § 472. Uttering counterfeit obligations or securities
Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.
18 USC § 473. Dealing in counterfeit obligations or securities
Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.
Also, some PREDATORY mortgage loans appear to be issued for the very purpose of people defaulting so that properties can become flipped, repeatedly (hence blight); and lenders gain tax credits, mortgage-default insurance, and more! Too often, not only is it true that the lender DID NOT file foreclosure, certain homes wound up becoming flipped by the foreclosure lawyers who carry out simulated auctions with “straw buyers” who illegally “credit bid”!
Whether or not property owners should have mortgage loans –and whether or not people realize basis for opposing home repossessions, very serious foreclosure fraud acts are deliberately being done by certain foreclosure lawyers! Even if it became remotely valid to label all defaulted homeowners as deadbeats, NOTHING IS VALID ABOUT real estate racketeering. http://chn.ge/eU2zAm
Scores of homeowners do not contest foreclosures because of not having legal knowledge to recognize illegal foreclosures and fraud; they lack funds to pay for attorneys to represent them; and they are told to come to foreclosure auctions with money that they do not have, so they stay away from foreclosure auctions. It is extremely troubling that there are families living outdoors whose homes have been confiscated via real estate racketeering.
Foreclosure lawyers are officers of the court; knowledge of applicable laws and civil procedure is not required from mortgage lenders, nor loan servicers. In states that require judicial foreclosures, FORECLOSURE LAWYERS are the ones who file lawsuits to seize and sell property; and lawyers are responsible for filing and recording foreclosure property deeds. *Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers @ http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#