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MERS and SEC Violations?

Everyone is griping about foreclosures.  Others are trying to refinance at a time when even lowering a loan 2 points is a bad idea considering the fees charged by the lender (better to make bi-weekly payment of half the regular monthly payment and avoid the burden of compounding debt) but only now has the mortgage registration clearinghouse MERS come under fire as it brokers loans and essentially misrepresents that it has the right to foreclose as well as misrepresents the loans as good securities.  

Those affected and fighting the litigious fight might consider naming MERS as a codefendant in the fraud against the courts in their foreclosure fight.

SEC violations?  If I represent and sell certain instruments I must have commodity brokerage licensing.  MERS has functioned autonomous of this requirement.  

In the meantime, when responding to a foreclosure claim, state that the mortgage company (if it is different than the one you financed through is ex parte therefore having no right against you in a legal action.

MERS and the SEC?  Start writing Congress.  Unfortunately, the republican party seems to be in the pocket of banks and finance and Wall Street.  So, the fight is up to you.

F' Em: Fight Economic Mayhem. Fight Foreclosure...

Foreclosure & Lawsuit Defenses ...

The note: A note and only a note gives a mortgage lender a right to foreclose! Learn or lose! A mortgage is only a security instrument that protects the mortgage holder if you fail to pay the promise made in the note. A mortage does not creates no obligation to pay and cannot be foreclosed upon without a note in default. If you have a copy of the promissory note you signed, read it carefully and consider the following points of law! Accelleration Clause ... Does it have an "accelleration clause"? Occasionally you find they omitted that essential part. The language reads like this: "In event of default, the full amount of principal and interest will at once become due and payable." If an accelleration clause is not in the note, the holder cannot sue for the full amount. The holder can only sue for the amount in default, not the balance. The debtor can't be sued for the full amount,,because the full amount is not yet due! Signature ... It should also be obvious that the note must be signed by the person being sued or foreclosed upon. An unsigned note is a worthless piece of paper. Yet, amazingly, we've received emails from people who say the lender is trying to sue on a note that has not been signed! Don't be taken in! Copies and affidavits ... Since all promissory notes are negotiable instruments, a copy is just a worthless piece of paper. Anyone can make a copy of a note and file a lawsuit to collect on it. It would be like going to the grocery store to purchase a loaf of bread and handing the clerk a plain paper copy of a five-dollar bill you made with your computer. You might try to offer the clerk an affidavit swearing you lost the fiver through a hole in your pocket. Isn't that what lenders are doing these days? Who cares? No money. No bread. No note. No foreclosure. A copy is not a "negotiable instrument". A copy is not a "promise to pay". A copy may be introduced as evidence that there was at some time in history an original signed document that is a valuable negotiable instrument that could be sold and traded like any other negotiable instrument, but a copy is nothing more than evidence, and only a fool would take it for value! A copy is not a negotiable instrument! A copy gives no right to sue or foreclose! Sadly, so few people know their rights that judges and legislatures have twisted the law in many jurisdictions to make it easier for banks and mortgage companies to sue without originals ...so its essential that people learn how to make the right arguments when faced with creditors trying to enforce a copy or offering an affidavit claiming they "lost" the original. If the creditor doesn't have the note, he doesn't have a negotiable instrument. A five-dollar bill is a negotiable instrument. It can be traded for five ones, for example, or a Big Mac and fries. A promissory note is a negotiable instrument, andonly a negotiable instrument has the value contained within the right it confers on its holder ... the right to sue! A copy is nothing but evidence and has no value! LEARN OR LOSE ... those are your only options! To foreclose a mortgage, the plaintiff must allege and prove six (6) essential fact elements: You presently hold title to the property. Plaintiff has promissory note or other document giving plaintiff the right to sue on the note. You signed the note. Plaintiff has the mortgage or other document giving plaintiff the right to sue on the mortgage. You signed the mortgage. You are in default. Plaintiff's failure to (1) allege and (2) prove every one of these essential elements is fatal to the plaintiff's case. So, what do YOU do to WIN? File a written response within the time set forth in the summons, or a default will be entered against you! Do not file an "answer" immediately! Try to avoid filing an answer to the complaint by filing a flurry of motions explained in my affordable 24-hour step-by-step Jurisdictionary self-help course. If you are forced to file an answer, be certain to file all the affirmative defenses you have, as my affordable 24-hour step-by-stepJurisdictionary self-help course makes easy-to-understand. Use all five of your evidence discovery tools as I explain in my affordable 24-hour step-by-step Jurisdictionary self-help course to prove that at least one of the plaintiff's essential elements is missing - either not alleged or impossible to prove. THIS IS THE SAME PROCESS FOR ANY LAWSUIT! The only thing that makes foreclosure different from any other courthouse battle is a different set of elements (as explained in my affordable step-by-step Jurisdictionary self-help course you can complete in less than 24 hours). LEARN THE ELEMENTS FROM ME - OR LOSE! My 5-hour Video Seminar alone is worth the price! Nobody has ever put such a course as this together for lay people like yourself. It's easy. It's affordable. It's the creation of a lawyer with 23 years of experience, instead of a collection of nutcase ideas that will only put you in an early grave after stripping you of all you own! Winning lawsuits is easy when you know how! To learn more, get my affordable 24-hour step-by-step Jurisdictionary self-help course. - - - - - - - Winning lawsuits is not rocket science. With my course and less than 24 hours of your time, you can know what I learned during 23 years as a licensed bar attorney ... simple, easy, step-by-step. The teachings in my course are as easy-to-understand as the points I make in these weekly newsletters. Learn why the people who wrote the testimonials in the right column are so thankful.→ In more than 23 years as a practicing lawyer, I won pretty much consistently ... using theJurisdictionary method! Jurisdictionary is your competitive edge! Read the testimonials at right column and see! → "So easy an 8th grader can use it to win in court!" - - - - - - - Visit my website and get the FREE STUFF we offer! There's a FREE legal dictionary, FREE videos, FREE audio clips, FREE lawsuit Q&A forums, and much more! www.Jurisdictionary.com

An Easy Way To Write Your Local Congress People On Health Care Reform Support:

http://salsa.wiredforchange.com/o/5831/p/dia/action/public/?action_KEY=489

Oh, Some Google Findings Just In...

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1. Allstate Accused Of Leaving Homeowners Dry - CBS Evening News ...

   Jul 14, 2008 ... In 2006, the company hit a record profit of $4.9 billion. .... want to whine their way into a new home and let Allstate hold the bag. I say, screw the Bennetts. ... Allstate''s Bob Daniels says its customers are more valued than profit. ... Read David C. Korten''s latestbook. It''s an eye opener. ...
   www.cbsnews.com/stories/2008/07/14/.../main4261407.shtml - Cached - Similar

2. Allstate Insurance Sucks • View topic - No home repair estimate yet!

   20 posts - 5 authors - Last post: Oct 12, 2006

   They only screw over people that they assume can't afford an .... fire and water restoration (at least it's that way in my phone book). ... I'm sure Allstate probably has some sort of contractor program, as do a lot of companies. .... This is where it is preferred that acustomer get a contractor ...
   www.allstateinsurancesucks.com/phpbb/viewtopic.php?f... - Cached - Similar

3. Allstate to raise insurance rates here - Chicago Breaking News

   May 25, 2009 ... Crain's Chicago Business reports: Allstate Corp. will raise ... whats going on with the economy? ok Allstate its not a bright move! .... all of these places screw you over when you have a claim. ... My insurance went way up with Allstate and they took my goodcustomer discount away claiming my house ...
   www.chicagobreakingnews.com/.../allstate-to-raise-insurance-rates-here.html -Cached - Similar

4. Allstate's Latest Trouble: Mississippi's Burning a Hole Through ...

   Allstate's Latest Trouble: Mississippi's Burning a Hole Through Its Pocket 1 ... Allstate and other insurance companies are looking at some very ugly numbers. ... The insurance industry cannot screw an entire state and expect that this is .... Feature your business / blog / book · Policy on anonymous contributors ...
   seekingalpha.com/.../24091-allstate-s-latest-trouble-mississippi-s-burning-a-hole-through-its-pocket - Cached - Similar

5. Salon.com Mobile - The past life of AIG CEO Ed Liddy

   Mar 18, 2009 ... The model that Allstate used to redesign all its internal claims practices was based on Enron. ... If that means good deals for customers, then lucky customers. ... The data is all there in the book. By severely limiting claim payments, the insurance costs ...Insurance companies screw their clients ...
   letters.mobile.salon.com/tech/htww/2009/.../index.html - Cached - Similar

6. Don't drop that phone! Fragile devices threaten customer loyalty ...

   Aug 31, 2009 ... Well about a year ago my insurance company Allstate said that they ... the phone may be good but they pretty much screw you afterwards. .... I agree PC_Tool, but as DonGato says it's a case of the devices getting lower in quality too. ... with "A" words to get earlier placement in the phone book. ...
   www.betanews.com/article/Dont...customer.../1251754262 - Cached - Similar

7. Church of the Customer Blog

   Jeanne Bliss has been the Chief Customer Officer for Lands End, Coldwell Banker, andAllstate, .... Continuing to show the rest of us what to do when we screw up, ... demanded $2 million to not write a book and screenplay about Letterman's .... When a company has evangelists, it's often because it has core values. ...
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8. Michigan's Top Ten Worst Automobile Insurance Companies | Michigan ...

   Jul 23, 2008 ... Some Michigan insurance companies like Nationwide, Allstate and State ...We're giving them money so they may continue to screw us. ... It's time for the citizens of Michigan to take back control from special interest. ... you are then a better risk since you paid ontime and are a renewing customer. ...
   www.michiganautolaw.com/.../michigans-top-ten-worst-automobile-insurance-companies/ -Cached - Similar

9. FRAUD AND RACKETEERING BY INSURANCE INDUSTRY

   Malicious, calculated and deliberate fraud by insurance companies: ... If they screw up, there is no hope, excepting a domestic insurrection ... http://www.public-i.org/50states_01_101100.htm ... The Information State Farm Does Not Publish On Its Pages.... A very large site devoted to the abuses of Allstate. ...
   graham.main.nc.us/~bhammel/ins.html - Cached - Similar

10. Allstate seeks 15 percent increase in N.J. auto insurance rates ...

    Feb 3, 2009 ... Those hwo raise the Prices to enrish themself only and screw F** the American People ... NOTE: Based on ALLSTATE's credit rating, all of us "customers" should look ... The company is just making a perfectly legal campaign contribution. .... Jerry Izenberg's new book, like its author, keeps it real ...
    www.nj.com/news/.../allstate_seeks_15_percent_incr.html - Cached - Similar

    
    

Recommended Skimming: War Criminals Are Becoming The Arbiters Of Law

War Criminals Are Becoming The Arbiters Of Law

 

By Paul Craig Roberts

 

"This is the Israeli notion of a fair deal: We're entitled to do whatever the hell we want to the Palestinians because, by definition, whatever we do to them is self-defense. They, however, are not entitled to lift a finger against us because, by definition, whatever they do to us is terrorism. 
http://www.informationclearinghouse.info/article23702.htm

I Seriously Doubt That Your Congressman Shops His Health Care Coverage!

Inserted is a copy of a denial letter from "Golden Rule" a health care cooperative that is underwritten by a health insurance company.  You can visit Democracynow.org to see the related program.

Essentially, with the development of a series of "Health Care Cooperatives" we will have yet another managed care shell gam.  One that I ran into during the mid 1990s as more money was spent on merger and acquisition of managed care plans than on delivering reimbursement for health care.  In the story related to the letter, a girl kept getting platitudes until after she had finally run up a bill all of her treatment was denied as non reimburseable.  

Health insurance has had an interesting protest to single pay governmental attempts:

In essence it argues as follow:  

No government plan is any good...

this followed in response to single payor being more cost effective with

No private insurance company can compete with the government.

Richard, a caller to the Diane Rehm's show presenced this on the air on 8-17-09 offering the following conclusion that Aristotelian Logic would warrant: 

No insurance plan is better than the governments.

In an equation of logic it is formatted as

No government plan is any good
No private insurance company can compete with the government
Therefore
No insurance plan is better than the governments

In my years of observation I can confirm that unless the insurance company can turn a profit off of you, they will eventually get rid of you.

Here is what I think is important to review as far as health care:

1-All dollars invested go to care provided.  No shareholders, or CEOs.  Currently 1 of every 6 dollars spent in the US is spent on health care and of that , a vast percentage goes to executive compensation.
2-All premiums to have coverage comes from the group, not the individual.  This means that if you lose your job, are disabled, etc, your care is still covered.  In our current system when the insurance carrier pays too much in claims they will abandon you to the government plans.  If that's not abandonment, it must mean that the government plan is just as good.  And, if you were on a government plan to begin with, you do not have to become catastrophically destitute first.  No bankruptcy, no spending your life savings, no tapping and draining your 401K... NADA!
3-Pay doctors.  Not only will they immediately benefit from being able to trim payroll by needing less employees to collect money, the fact that EVERYONE pays, will bring the cost down.  Currently, only one in ten pays, and that explains why a hospital aspirin cost $100.  A mandated price reduction?  If everyone is paying, it has to be.  There should be no windfall for the providers.

Of concern, the coverage Congress received MUST be tied to what the general populations plan is.  The reason is similar to the pension system.  If Congress needs to raise funds, they can simply create the "Notch Years" or some other bogus program to fund pet projects at taxpayer expense.  This is one such way Vietnam was funded.  In fact, if we never went to Iraq, that money could have easily provided care.  Put the health insurance industry out of work?  Why not!  We did it to the steel industry, the automakers are hanging on by a thread and a whim.  If it relates to money shuffling, congress seems to jump through hoops.  Health care is the last industry in this country.  Keep it here.  Negotiate drug cost.  It is time we stopped subsidizing drug cost for the rest of the world.  Years ago I wrote that we should take all the laws about dealing drugs, remove the word "drugs" and replace it with "health insurance."  Then we'll have a free market untethered by lobbyist.  Perhaps, the lobbist, those getting a million dollars a week to shoot down this benefit to Americans should be outlawed next!

Mortgage Foreclosure, And Using The Legal System To Help The Lenders As Well As Using It To Help Republicans Against Opponents...

With all the Karl Rove issues coming to light, I had written a review of the legal system and how it steamrollers over people that just give up knowing that it can take advantage of that trait...

Is It Too Late To Fight Your Foreclosure?

 

I was reading an article in the Wall Street Journal the other day.  The article, in the Wall Street Journal, featured a sketch of Charlie Green our Lee County Clerk Of Court and the bold type heading about Ft. Myers Florida and "Rocket Foreclosures".   Obama coming hear was national news, but this was more.  The story features a thirty second dialogue between Judge Gerald and a woman who showed up to court in response to being served with a notice of foreclosure.  Armed with receipts and files she approached the bench to respond to the action and argue her case.  Thirty seconds and two questions later she was told she had sixty days to vacate her home.  The two questions consisted of "Are you still living in your home?" and "Are you behind in your mortgage payments?"

 

Wow, Ft. Myers has national attention for the expediency of the court system.  What a way to drum  up business and market Ft. Myers.  "Bring your foreclosure cases here, we have an express lane."  "Kids? Who cares?"   "Elderly and helpless? Who cares?"  If anything, as the magistrate preciding over the proceedings twirls his moustache at those that "can't pay the mortgage" and throws the mother and the children  of the orphanage out into the streets.  All this at the sake of expediency and ensuring that these homes get back on the market so money can be made again.  All hail the economic recovery.  Hopefully in the recovery process enacted by Congress and our President we will see a network of staffers to assist those  need and spearhead the revamping of current indebtedness.  In the interim, the public that has fallen on hard times needs to fight back.  And the tools and tactics necessary to help those in trouble fight should be made available to those in need.  Most people can't fathom what a ripoff a thirty year mortgage is with all the nebulous fees and clauses and most probably just get withdrawn and allow themselves to be steamrolled.  These are the people we need to help, those unable to help themselves.  They acted in good faith and got ripped off.  So, here are some ideas.  Unfortunately the law does not provide for you to have an attorney in financial matters as these.  Providing an attorney is reserved in criminal matters although most would feel that what has been done to the homeowner is criminal.    And, if you can't make your house payment, the odds are you cannot affort an attorney either.  So, with that being said, here are some steps. 

First, if/when you receive a notice that your are being foreclosed on, read the document.  You will note that you have so many days to respond.  This does not mean showing up in court.  That is only a formality.  You have a period of time to reply in writing.   And your reply needs be nothing more than a letter (hopefully typed) that includes the case number and why you are asking for a stay of execution from the court in this matter.  You as an individual are entitled to "equal access to the courts" and since you are responding, you merely take this letter to the clerk of courts and have them stamp it so you have it entered into the court system.  You should mail a copy of your letter to the attorneys mentioned in the papers you were served with. OK, so it cost you forty five cents at this point.  Now, the courts can't just sweep you away.  You have responded according to the rules of the court.  But, you may have a better strategy.  There is a little known law that has been upheld in many states.  This law that may help you requires a little explanation.  Amid all those papers that you do not remember signing at your closing were two important items.  First there is the promisorry note.  A note that you promise to pay the money at so many dollars a month for so many years.  Have you ever taken your monthly payment, excluding insurance and taxes, multiply that number by twelve and then by thirty.  This is what you pay on the house over the live of the loan.  Well, probably about three times what you bought the home for.  If your eyes are opening wide and you're saying "holy ..." then you see just how much a ripoff the process is and that losing the home is the final insult to your character and your dignity.  So, the Note is part A.  Part B is the Mortgage.  Mort as in mortal, mortuary and the like.  A latin term for death.  But, what it means is the deed, the ownership document that is yours showing your ownership is dead as far as any rights until you pay off the note.  The mortgage is nothing more than a lien against your rights.  A mortgage is not a loan.  odds are, if you are married only one of you applied for the loan and is on the only one on the Note.  However, in Florida, both husband and wife must be on the mortgage.  It has something to do with property rights.  Leave it at that for now.  So, in a foreclosure, there are legal fees, loan default penalties from the note and while only one may be in default on the note, both will incur penalties if they are both on the mortgage.  So, it again pays you to fight.  A friend of mine was in foreclosure.  He fouhd that loophole in the law about the foreclosure.  The foreclosure attorney must produce the original signed note signed in blue ink.  That's the law.  If this is in your response, it throws a log in front of their machine.  So, what about those facing foreclosure being offered the chance to renegotiate their loan?  They would once again have a signed original that would not get lost this time.  The first time the derivatives market and sale of the notes (topic of discussion for another day) is the reason so many have been lost.  And while the foreclosure attorneys may try and get the judge to accept a copy, the law is quite clear at present.  Hold the judge to the point of law and remember: Posession is nine tenths of the law.

 

My friend started a website to sell a copy of his court response.  I didn't write this as a commercial.  It is just the simplest way to type and print your response.  You may have what, twenty days? www.legallyeliminateforeclosuretoday.com may hold a solution for you.

I wrote the above back in March.  Here is a follow up.  He filed a response, showed up and ...ooohhh they produced the original note.  Ouch.  Shift gears.  When he tried to tell the judge that he had filed a fraud suit the judge cut him off, would not hear it and ordered him to vacate.

Speaking with him later that evening, I asked about the appeals process and he started to laugh.  "Well, J. R., I get about 60 days to notify them that I am appealing, then another 60 days or so to file it and I get enough appeals I could stretch it out a year..."  It was good to hear him laugh.  In the interim, he started to file a bankruptcy to force a judge to listen.  In the process of doing this he was notified that his appeal was granted and his foreclosure stopped.  

Todays lesson class?  Never give up.   

Prosecution Attack On A Group Of Americans Suspected Of Terrorism Deprives Them Of Their 6th Amendment Rights

The 6th Amendment gives a citizen the right to confront his accusers...

From Democracynow.org 8/4/09

Terrorism Case in NC May Involve Secret Evidence

Federal prosecutors said Monday that evidence against seven North Carolina men accused of plotting violent jihad overseas may involve classified material that will raise national security issues if given to their defense attorneys. The government has filed a motion under the Classified Information Procedures Act. This might allow prosecutors to present secret evidence to the judge that the defense won’t be able to see.

Legally Eliminate Foreclosure Today...

It seems there may a loophole in the law that works to the advantage of consumers.

Big Problem:  According to a recent NPR  news story, most people do not show up for their foreclosure hearings.  Pehhaps they feel that since they can't pay they are doomed.  In an interview with Marc Shapiro, an attorney in Naples Florida doing foreclosure defense, not  showing up or having representation cmay cost your more. 

-Promissory Note: An agreement to pay. Signed by the borrower only.

-Mortgage: A lien against the leveraged property.  Signed by both spouses in Florida.

At foreclosure, additional fees may be apportioned to both spouses, even if only one signed the note.  Being there means you can object to the additional fees and perhaps the judge will waive them.  Also, the judge may even  temporarily stay the execution of the foreclosure.   According to Mr. Shapiro, "Every one falls on hard times.  Even judges know this". Don't miss your day in court.

For those Do-It-Your-Selfers... read on:

Legallyeliminatreforeclosuretoday.com offers a ready to use form.  The use of the form is when you receive a foreclosure notice and the legal papers say such verbage as "original bloan note lost and a certified copy is being used."  According to Fllorida law and some appeals courts, the "original note signed in blue ink" must accompany the foreclosure.  Afterall, with all the forms you sign at a closing, who's to say the one they are representing as your loan contains original terms.  The pages should be initialed in blue ink as well.  There is so much mortgage fraud and HUD 1 forms are now the tip of the iceberg, who's to say that's the note you signed?  Fight, you got everything to gain and nothing more to lose.

Is This Really Legal Still???

Article 2 of the Bill of Rights to the U. S. Constitution states that no discriminatory law shall be enacted discriminating on the basis of such things as race, religion and... oh yeah, sex.

It's been 34 years since I registered.  So, this unconstitutional law is still on the books.  And, in an era when women seek equality, I have a proposal.  Girls, go register for the draft.  Yeah, go to the post office, get the form, complete it and send it in.  If you truly desire equality, then that would also include the right to keep and bear arms in a foxhole.

Go for it!