Category Archives: mortgage foreclosure help

Florida Judiciary—A Copyrighted Survey for use in fighting Mortgage Foreclosure Corruption—What do you know about your Court System? How Hungry are the American People for Justice?

There is no such thing as the silent exercise of your right to speak freely and share your opinion about the world you live in—effective silent protest occurs only in dreams….  We all dream of a better world, but we must speak out loud and SHOUT to make it into a demand, to make it happen…. Dreaming is free, but if we dream of freedom….especially in this, post-New Deal, New Dark Age for America…. that will cost us—what I ask of you today is just a few minutes of your time…  It’s time to make our anger “Catch Fire”…..and that can only happen if we all speak our discontent loudly and often….until there real change happens…. Nothing about modern America is more deplorable than the state of the judiciary and the courts…..

The fabulous hit movie this Spring, the Hunger Games, was a clarion call to the American People to WAKE UP BEFORE IT’S TOO LATE—even if it already is  in some easy ways “too late”, because so much damage has already been done.  Suzanne Collins has showed us the bleak future that awaits all of us if we are calm, cool, and quiescent about the terrible corruption that has taken charge of the American Dream, of Democracy, of (the mere word and illusion of) Freedom, of the Financial Establishment, of the Government, of everything that ever was or could be important to us: our family, our homes, and our future.   My primary focus for the past twenty five years has been on the Judiciary, 21 of those past years specifically involved in projects in Florida.  So I invite you to help me, and several million other people, out here: GIVE US YOUR OPINIONS, WITH YOUR NAME, AND STAND UP AND BE COUNTED, AND READY TO TESTIFY IF WE ARE EVEN ALLOWED TO PUT ON THIS TESTIMONY (as we should be):

Florida: 06-06-2012 DECLARATION CONCERNING JUDICIAL HABITS

Rule 406 of the Federal Rules of Evidence allows specific evidence of habit and routine practice to be admitted in Court.

Carrie Luft is seeking to overturn a Final Judicial Decree which was upheld on appeal in Florida.  The only way to reopen the case is the prove judicial corruption.  Wrongful foreclosure and fraudulent claims to standing, after a case is final, can only be proved if the system itself is indictable, if there is demonstrable systematic fraud on the Court—if the system is “broken,” if the judges are either “bought and paid for” or coerced into thinking in conformity with the Banks’ position.  All of these things have to be proved as a conspiracy to defraud and impose uniform outcomes on foreclosure cases.  It is a ONE THEORY, ONE SHOT, deal, although everyone who has been a victim can and could try (and I wish they would).
To prove this systemic corruption, which many people suspect, we need to gather EVERYONE who has been a victim together in one place, and that place is going to be reserved and formed through the complaint we are preparing in Carrie’s case.  If we fail, Carrie has no chance to regain her home, but I have already taken a blood oath that I will never stop until I have figured out a way to restore judicial integrity and moral honor to the judicial system in which I quite literally started my legal career, and of which I once dreamed of being an integral part.  Carrie is the first person I know who has accepted the challenge of doing everything that is necessary to try to take on the system.  Carrie literally has only this one option: prove that the system if “fixed”, broken, and corrupt.  I ask you, everyone who receives this survey:
IF YOU HAVE ANY EXPERIENCE WITH THE COURTS OF FLORIDA AT ALL, PLEASE COMPLETE THIS SURVEY, SIGN IT, SCAN IT and either E-MAIL IT BACK TO THIS ADDRESS: lincoln_for_california@rocketmail.com OR RETURN IT BY REGULAR MAIL TO
Peyton Yates Freiman, Tierra Limpia Trust/ Deo Vindice Foundation at:
603 Elmwood Place, #6 
Austin, Texas 78705
And if you have further or additional direct or circumstantial evidence of judicial corruption in Florida, how it is done and how does it, please write a letter about that as well.  We are looking to prove habits and routine practices of Judges according to Rule 406 of the Federal Rules of Evidence.  

06-06-2012 DECLARATION CONCERNING JUDICIAL HABITS

If you have any experience at all with the Florida Judicial System, especially if you have any experience with any mortgage or foreclosure related incidents, we need your opinion here…. Copyright to the survey itself, and to all material received will belong to Tierra Limpia Trust/Deo Vindice Foundation, Charles Edward Lincoln, III, Founder & President, Peyton Yates Freiman Trustee.

Please return all hard copies to:

Peyton Yates Freiman 603 Elmwood Place, Suite 6, Austin, Texas 78705.

A Historical Perspective on Foreclosure Rates: 1,000 per day in 1933 vs. 10,000 per day in 2010

A TSUNAMI OF MORTGAGE FORECLOSURE & EVICTION

A wave of bank foreclosures and evictions has shaken the stability of the people of the United States of America from coast-to-coast in a manner without historical precedent.  While certain urban areas may have suffered higher rates during the great depression of the 1930s, one source reports that the foreclosure rate peaked in 1933 at 1000 homes going into foreclosure every day, nationwide[1].  A separate source reports that in the last quarter of 2010 there were 800,000 foreclosures filed in the Fourth Quarter alone[2].  One not educated in higher mathematics, Boolean algebra or statistics cannot easily calculate or articulate in meaningful terms what the difference between 1000 per day in 1933 and 800,000 per quarter in 2010 would be (although the 2010 figure appears to approach 10,000 per day), but one can fairly say that a disaster of tidal wave proportions grips this country by the throat and every class of society is equally affected except for the very richest of the richest, only perhaps the top half of the top 1% of the population can rest truly safe.


[1] http://homeguides.sfgate.com/historical-rate-mortgage-foreclosures-8868.html:

Depression-Era Information

A 2008 article by David C. Wheelock, an economist at the Federal Reserve Bank of St. Louis, cited annual reports issued by the Federal Home Loan Bank Board during the 1930s. These reports reveal that the foreclosure rate exceeded 1 percent from 1931 until 1935. At the worst point in the Depression-era economic crisis, in 1933, about 1,000 home loans were being placed in foreclosure by banks every day.

(Website quoted as of on-line report available and consulted January 29, 2012).

[2] http://www.housingwire.com/2011/01/12/foreclosures-reach-record-high-in-2010-realtytrac:

Daren Blomquist, who edits the RealtyTrac monthly reports, said the record set in 2010 will not last for long.

“We don’t think we’ve peaked yet nationwide,” Blomquist told HousingWire. “We’re expecting the 2011 numbers to be slightly higher than 2010, and then start the downward trend toward ‘normalcy’ in 2012.”

Saccacio said foreclosure filings would have been higher in 2010 “had it not been for the fourth quarter drop in foreclosure activity — triggered primarily by the continuing controversy surrounding foreclosure documentation and procedures that prompted many major lenders to temporarily halt some foreclosure proceedings.”

The final quarter of 2010 had the lowest total since the fourth quarter of 2008. Lenders filed slightly fewer than 800,000 foreclosure cases in the fourth quarter, down 8% from a year ago and down 14% from the previous period.

In December, filings dropped 26% from a year ago and 2% from the previous month. Lenders ramped up repossessions, REO, for the month by 4%, led by a 71% monthly increase in Nevada to 3,022 repossessions. However, Nevada REO was still down 24% from a year ago.

Overall, Nevada had the highest foreclosure rate for the fourth consecutive year. There, one in 11 homes received a filing in 2010 despite a 5% decrease in activity from 2009. Filings did ramp up 18% in December from the previous month and were up 14% from December 2009.

Arizona followed with the second highest rate. One in 17 homes there received a filing. Florida, one in 18, was third.

But Blomquist warned more foreclosures could be in store even for those markets that many believe are peaking now.

“There are some states and metro areas where it appears the numbers may have technically peaked, areas of California like Stockton are good examples,” Blomquist said, “but foreclosures are still pretty high in most of those areas and there is still risk that we could see some foreclosure aftershocks hitting those markets in 2011.”

(Website quoted as of on-line report available and consulted on January 29, 2012).

John Michele Fanuzzi & Norah Bawn Fanuzzi 01-31-2012 NOTICE OF OPPOSITION TO REMAND AND BRIEF IN SUPPORT OF REMOVAL TO US DISTRICT COURT

The Death & Destruction of Private Property in the USA: why are we so complacent?

The Christmas Season in the history-conscious Texas-Louisiana family where I grew up always ended with January 8, Battle of New Orleans Day.  I suppose this day was as important to the 19th Century South as 9-11 is to the World of the 21st Century… albeit it was a Patriotic Day of much greater optimism and affirmation of liberty than pessimism and fear of phantoms.

What amazes me at present is that the Presidential election season has started in earnest and nobody is standing up for the defrauded, the dispossessed and the defeated in this country despite the fact that no single episode of continuous destruction of homes, families, and private property has happened on the present scale anywhere in the USA since the War of 1861-1865, in the midst of whose sadly understudied sesquicentennial we are currently coasting, only partially aware, as seems to be the modern American norm.  But the truth is that it is only possible to understand what is happening in modern America if we realize that the destruction of private property is proceeding NATIONWIDE now at approximately the same rate as it was happening in Virginia and Georgia during the final year of the War Between the States in 1864-65.  Family and local heritage and inheritance are being wiped out, systematically, and with just as much government endorsement and approval as during any war, but without any attempt at justification.  I can only guess that the justification has already been written, and so it seems redundant to repeat it now: The Communist Manifesto of 1848, which is about to celebrate its 164th year in print (since 1848) predicted (well, actually, demanded) the centralization of banking and rampant extensions of frivolously predatory credit which have led to the present meltdown.  In the 1930s-50s, certain elites decided that if Communism was to be implemented in the United States, it had to be done gradually, stealthily, with the appearance of democratic approval and due process of law.   All continuity and “rootedness” in American communities is being subjected to massive disruption and near obliteration—long-term stability and inheritance of local knowledge and traditions is endangered.  The world is being “shaked and baked” into dependent homogeneity rather than independent diversity.   Individual ownership and family inheritance of real and personal property are being being wiped out in the interests of a destabilized society whose only recourse to survive is to depend upon the “generosity” and “benevolence” of an all-powerful government.  I can see no sadder end to civilization.

The official answer to these accusations was articulated recently by a San Diego attorney who is dedicated to the destruction of private property in favor of “corporate-governmental” ownership of property:

“Your letter below serves as an excellent example for why you should consider hiring an attorney who is familiar with the law. I am disinterested in discussing your theory that California Civil Code 2924 is in actuality a communist plot to divest the citizens of California of their right to hold private property. Or that the US Constitution can be construed to permit a person to default on their contractual obligations to pay their mortgage, without any consequence.

Our judgment has not expired, it is still a judgment in our favor and it is still good. Our writ has expired because they are only good for 180 days from the time of issuance. Therefore, we are moving for a new writ, which we are legally permitted to do.
Sincerely,
Jessica Partridge, Esq.
Associate Attorney
McCarthy & Holthus, LLP
1770 Fourth Ave.
San Diego, CA 92101
Phone: (619) 955-1508
Fax:     (619) 243-1979
I have to confess than when I was a law student and practicing attorney I simply did not know that the sole purpose of lawyers was to exploit people for personal gain while implementing whatever was the governmental oppression “du jour.”  And yet this is the literary stereotype of lawyers from Shakespeare through Moliere to Dickens.  It was certainly not the kind of law practiced by Marcus Tullius Cicero.   It was definitely the kind of law used against Joan of Arc (whose 600th birthday was celebrated yesterday in France by Front National Presidential Candidate Marine Le Pen—notably NOT by the sitting President Nicolas Sarkozy, who is at least insofar as his ancestry is concerned as much of or even more of a foreigner in France as Obama is in the United States, although Sarkozy’s foreign origins at least derive the same continent as France, unlike Obama who hails from a distinctly non-European, non-American family background, at least on his father’s [Kenyan, Communist, Mau-Mau] side).   One of the most amazing chapters in French History is how la Pucelle d’Orleans handled her own defense against English Clerical Inquisitors, and how she chose integrity and faith in herself and her own personal relationship with God over all earthly advantage or matters.   Another disturbing chapter in the history of lawyers based in France was of course the Dreyfus affair, which seems likely to be repeated ten thousand times in the next few years if America really does ever arrest and detain people under the provisions of the new National Defense Authorization Act which our own foreign President just signed into law within the past few weeks.
But I have digressed from the destruction of private property in America or the government’s support and endorsement of this destruction.  A recent write-up of governmental action as affirmation of the policy of national expropriation was recently brought to my attention and I want to share it:
Independent Foreclosure Review–Beware

Snapshot of the Newest Program

  • The review is not independent
  • The servicers are paying the “Independent Consultants”
  • The servicers are allowed to release “relevant” information to the “Independent Consultants”
  • “Eligibility” has been pre-determined
  • Forgery and fraud are not on the list of things to be reviewed

The Current Climate
We have become a nation of displaced people due to fraudulent and wrongful foreclosures conducted by the banks since the Mortgage Meltdown began in 2007.  Amherst Securities has testified that  1 out 5 homeowners are likely to lose their homes before this crisis ends.  It is estimated that there are at least 62 million securitized loans – loans with lost notes and unclear ownership.  These are the people being foreclosed upon by banks that cannot prove legal ownership.

Fraudulent foreclosures have rampantly permeated across all 50 states. The issue is not limited to robo-signing, or clerical errors, or bank ineptitude.  The issue is much deeper:  Does the bank have the legal right to foreclose?  Any foreclosure proceeding must include clear evidence that the bank is the rightful owner of the note, the deed or mortgage, and they have in their possession the original note with original signatures.  This is the crux of fraudulent foreclosures in our country today.

Yet, the Government has announced a new “program” to get your foreclosure process reviewed “independently”.  The concerns of most homeowner advocacy groups are that this new “independent Foreclosure Review Process is just another bank maneuvered government sham. Their concerns are well justified.  It is.

Analysis of the Independent Review Fact Sheet

A Fact Sheet explaining this new “opportunity” for homeowners, which has been put out by the Housing Policy Council, clearly shows this is not an independent review and homeowners should be very cautious of involving themselves in the process.  It appears to be yet another diversion orchestrated by the banks & US Government to get people’s attention diverted off the underlying issues of their loan and foreclosure using the time-honored and impartial justice system. Instead, tying them up in a very long bank-controlled review process that is anything but independent.
First, let’s take a look at who the Housing Policy Council is:

They are a bunch of bankers dictating to the Government while lining their pockets. They are a subsidiary of the Financial Services Roundtable, which is made up of members who provide mortgages to Americans.  They are a strong lobbying force in DC.  The Housing Policy Council estimates that 65% of all mortgages in the US are originated by the member firms of the Housing Policy Council.  Thus, he who created the foreclosure crisis, then the fraudulent foreclosures, and never once policed himself is in charge of the program to see if he “erred.”  How can this be an independent and impartial review?

This is the Opening Paragraph of the “Fact Sheet”:

“Fourteen U.S. mortgage servicers and their affiliates are making available free, impartial independent Foreclosure Reviews to certain of their borrowers . . ”

Our government must think we are really an ignorant lot.  The servicers who conducted the fraudulent foreclosures are making available this impartial and independent review.  I’m confident by now that anybody who is reviewing this information has safely concluded that there is no impartiality.

But there’s more:  “to certain of their borrowers”

It appears that you can be the victim of a fraudulent foreclosure, yet the independent review process is only available to a selected group.  That could work if that selected group is anybody who has suffered foreclosure proceedings since 2007 when the meltdown began, but that is not the case:

According to the fact sheet, that qualifying group only comprises those who believe they’ve been financially injured as a result of “servicer errors, misrepresentations or other deficiencies in the foreclosure process of their primary residence.”

Their omission of forgery (robo-signing,) and fraud (securitization which obfuscates who owns the loan and if they really are the owner) is a bit too obviously absent. More disconcerting however is the use of the word eligible mostly because of who is eligible.  Are they suggesting that second homes are investment properties were not wrongfully foreclosed upon?

“Borrowers are eligible to submit a Request for Review if 1) their loan was serviced by one of the participating mortgage servicers, 2) their loan was active in the foreclosure process between Jan. 1, 2009 and Dec. 31, 2010, and 3) the property securing the loan was their primary residence.”

Thus, you are eligible if your lender is participating, if it happened during the specified dates and if it was a primary residence.  There’s a word for this:  It is known as minimizing.

Fraudulent foreclosures didn’t only happen to the eligible group.  If the lender is “participating” doesn’t that suggest this activity isn’t independent, and who decided that we only had issues for the past two years?  What about the lenders who don’t participate?  Let’s face it.  If you committed forgery and fraud, participation isn’t a luxury or choice that you have, prosecution and jail time are your fair due.  So why do we get to hear about lenders who are participating, like they signed up to be in a special club?  That’s not independent.

Also of concern, it’s already been determined by the independent group if you are eligible and they’re going to let those 4.5 million borrowers know by mailing them a letter explaining all this.

For those millions of you who have since moved on:  I wonder if they have your new address.  What if your mail forwarding has expired?

The independent review is also pre-determining what would constitute a financial injury, again, forgery and fraud are not on the list.

They’re claiming the process “could take up to several months”. Following in the footsteps of HAMP, more realistically, you will be tied up in this for the next several years, while valid statutes that could have served you well in court expire.

And worst of all, they have decided that the “Foreclosure Reviews will be conducted by independent consultants engaged by the servicers and approved by official sounding government entities.  That is only part of the problem, however.  There’s only one company being used by “all the participating” servicers to manage the incoming complaints.

And the final blow to the word independent comes in the closing paragraph:  Once the request for review forms have been collected by this single vendor, the servicer will provide relevant documents to the independent consultant.

It’s clear that this review should be considered with a cynical eye, and wary countenance.  Unless you show the fraud and forgery in your loan, don’t think it will get revealed by those ‘independents.’

Consider a full securitization audit to include with your submission if you do choose to do this process, minimally get an investigation for robo-signing.  Don’t be duped into thinking once again that the bank and the government are actually going to fix the mess they made of your loan and your life.  Your safer route is to pursue your lender in a court of law, after you’ve gotten that audit and now have the evidence of the fraud and forgery committed in your loan.  Most likely in successful cases, the compensation approved by a judge will be much greater than what you could expect to see from this ‘program’.

Here’s an excellent article that you should read:  Tila Solutions is not the only group expressing concerns over this program. http://www.nytimes.com/2011/12/25/business/foreclosure-relief-dont-hold-your-breath-fair-game.html?_r=2
Sara Miller

Civil Rights Removal: To Limit Removal to Cases involving Racial Discrimination on the basis of Statutory Schemes to enforce racial inequality is to make a travesty of Civil Rights—either we all have real rights or none of us do!

Lori G. McDonald now tests the waters with the best and most comprehensive Notice of Civil Rights Removal filed to date.  Why are so many eviction cases, when removed on grounds of diversity alone, remanded for the reason that the claims of dollar amounts in a Plaintiff’s case (no matter how illusory or illogical those amounts might be) is absolutely controlling for diversity jurisdiction?  Plaintiffs in limited jurisdiction “unlawful detainer” cases only claim “back rental” (if anything) in dollar amounts, but a huge amount of jurisprudence supports a completely different angle of analysis of “amount in controversy” and such claims as to value are always frivolous, fraudulent, and designed precisely to avoid the rigors of federal court. Lori has now addressed these issues in her Notice, filed November 28, 2011, in Santa Ana, Orange County, California, based on the legal research and ligation support which only the Charles Lincoln Trust for Tierra Limpia  provides to pro se homeowners….. and those who have been wrongfully deprived of home ownership.  California Civil Code §2924 et seq. is an “equal opportunity destroyer,” and there will be no peace until the entire process of non-judicial foreclosure is wiped from the face of the earth and declared unconstitutional, never to be raised from the grave again.  The lawyers, such as Steven D. Silverstein and their allies the corrupt Superior Court Judges such as Cory Cramin, who knowingly enforced that unconstitutional and immoral statute and took pleasure in the infliction of misery on millions must be punished, as must politicians such as Dianne Feinstein, Barbara Boxer, and Edmund G. Brown who smiled and used their positions and influence to uphold the special privileges, grossly inequitable and immorally granted rights and blatantly unconstitutional powers of the Banks while it was all going on.

If elected to the United States Senate, I will filibuster to eradicate the requirement of race-based classifications and even “protected group” analysis from equal protection jurisprudence: All must be free or none can be free, because some animals are NOT really more equal than others…..  

11-28-2011 Lori G McDonald & Mark Privitera Removal of Wells Fargo Case to USDC CDCA re 8-09-cv-01072-DOC-E ; 11-28-2011 Civil Cover Sheet for Lori G. McDonald & Mark Privitera Notice of Civil Rights Removal ; 11-28-2011 Lori G McDonald Certificate of Interested Parties for Notice of Removal

Federal Civil Rights Legislation and litigation simply did not exist before the War Between the States of 1861-1865.  Such legislation and litigation were only necessary because the Military dictatorship which arose after the War made certain that the newly emancipated slaves actually had the upper hand (for a few years, anyhow) before the Compromise of 1877 obliterated what little integrity was left in the Union’s claim to the moral highground.  After a couple of decades of dormancy, “Civil Rights” became the most divisive issue in the nation again, starting almost immediately after World War II (for which the war of 1861-65 in America was a very clear and plain rehearsal).   Now the Banks have allied themselves with the United States government in a manner analogous to the alliance between Carpetbaggers and Union Troops in the South (also, coincidentally, with full bank-establishment backing….) and are wreaking havoc all over the country.  Millions are losing their homes and seeing their savings and security wiped out.  Now the whole nation knows what it was like to be a Southern White Farmer in the late 1860s.  And ironically, blacks and whites and Hispanics and Asians are all being turned out of their homes without regard to race, creed, or color, but it could not have happened without the Civil Rights Laws’ having been expressly applied by the Courts ONLY to protect the rights of one race against another, and not of all people together. 

If you would like to help the fight for “corny old values” like Truth, Justice, and the American Way, for Family, Home, and Freedom, and to add one Senator for the Bill of Rights and against Indefinite Detention, against the PATRIOT ACT, and against the use of United States Troops in this Country against its own citizens, please support Charles Edward Lincoln, III, for U.S. Senator from California.  We are fighting one of the most entrenched establishment seats in Congress—Dianne Feinstein who tried to make cosmetic changes—and we ask you to send your check or money order to Lincoln-for-Senate 2012 to Charles Edward Lincoln, III, 952 Gayley Avenue, #143, Los Angeles, California 90024.  Call 310-773-6023 for more information.

A Warning to Foreclosure Attorneys and Eviction Judges: If Equal Access to the Courts and Due Process of Law are Optional for Homeowners, so the Eighth Amendment Prohibition on Cruel & Unusual Punishment will be “optional” for you when the time comes! Boiling Steven Baum & Steven Silverstein in Oil Sounds like a Renewal of American Justice to me….

Keep their names!  Note their addresses and that of their associates!  Knit your list of those who oppress you in Code just as Madame Therese Defarge did in Tale of Two Cities!  While Marie and her Ladies in Waiting play milkmaid at Le Petit Trianon, others are planning the revolution….

 http://www.nytimes.com/2011/10/29/opinion/what-the-costumes-reveal.html?_r=4

What the Costumes Reveal

Photos from a former employee of the law firm of Steven J. Baum: Two Steven J. Baum employees mocking homeowners who have been foreclosed on.
By 
Published: October 28, 2011

On Friday, the law firm of Steven J. Baum threw a Halloween party.The firm, which is located near Buffalo, is what is commonly referred to as a “foreclosure mill” firm, meaning it represents banks and mortgage servicers as they attempt to foreclose on homeowners and evict them from their homes. Steven J. Baum is, in fact, the largest such firm in New York; it represents virtually all the giant mortgage lenders, including Citigroup, JPMorgan Chase, Bank of America and Wells Fargo.

Earl Wilson/The New York Times

Joe Nocera

The party is the firm’s big annual bash. Employees wear Halloween costumes to the office, where they party until around noon, and then return to work, still in costume. I can’t tell you how people dressed for this year’s party, but I can tell you about last year’s.

That’s because a former employee of Steven J. Baum recently sent me snapshots of last year’s party. In an e-mail, she said that she wanted me to see them because they showed an appalling lack of compassion toward the homeowners — invariably poor and down on their luck — that the Baum firm had brought foreclosure proceedings against.

When we spoke later, she added that the snapshots are an accurate representation of the firm’s mind-set. “There is this really cavalier attitude,” she said. “It doesn’t matter that people are going to lose their homes.” Nor does the firm try to help people get mortgage modifications; the pressure, always, is to foreclose. I told her I wanted to post the photos on The Times’s Web site so that readers could see them. She agreed, but asked to remain anonymous because she said she fears retaliation.

Let me describe a few of the photos. In one, two Baum employees are dressed like homeless people. One is holding a bottle of liquor. The other has a sign around her neck that reads: “3rd party squatter. I lost my home and I was never served.” My source said that “I was never served” is meant to mock “the typical excuse” of the homeowner trying to evade a foreclosure proceeding.

A second picture shows a coffin with a picture of a woman whose eyes have been cut out. A sign on the coffin reads: “Rest in Peace. Crazy Susie.” The reference is to Susan Chana Lask, a lawyer who had filed a class-action suit against Steven J. Baum — and had posteda YouTube video denouncing the firm’s foreclosure practices. “She was a thorn in their side,” said my source.

A third photograph shows a corner of Baum’s office decorated to look like a row of foreclosed homes. Another shows a sign that reads, “Baum Estates” — needless to say, it’s also full of foreclosed houses. Most of the other pictures show either mock homeless camps or mock foreclosure signs — or both. My source told me that not every Baum department used the party to make fun of the troubled homeowners they made their living suing. But some clearly did. The adjective she’d used when she sent them to me — “appalling” — struck me as exactly right.

These pictures are hardly the first piece of evidence that the Baum firm treats homeowners shabbily — or that it uses dubious legal practices to do so. It is under investigation by the New York attorney general, Eric Schneiderman. It recently agreed to pay $2 million to resolve an investigation by the Department of Justice into whether the firm had “filed misleading pleadings, affidavits, and mortgage assignments in the state and federal courts in New York.” (In the press release announcing the settlement, Baum acknowledged only that “it occasionally made inadvertent errors.”)

MFY Legal Services, which defends homeowners, and Harwood Feffer, a large class-action firm, have filed a class-action suit claiming that Steven J. Baum has consistently failed to file certain papers that are necessary to allow for a state-mandated settlement conference that can lead to a modification. Judge Arthur Schack of the State Supreme Court in Brooklyn once described Baum’s foreclosure filings as “operating in a parallel mortgage universe, unrelated to the real universe.” (My source told me that one Baum employee dressed up as Judge Schack at a previous Halloween party.)

I saw the firm operate up close when I wrote several columns about Lilla Roberts, a 73-year-old homeowner who had spent three years in foreclosure hell. Although she had a steady income and was a good candidate for a modification, the Baum firm treated her mercilessly.

When I called a press spokesman for Steven J. Baum to ask about the photographs, he sent me a statement a few hours later. “It has been suggested that some employees dress in … attire that mocks or attempts to belittle the plight of those who have lost their homes,” the statement read. “Nothing could be further from the truth.” It described this column as “another attempt by The New York Times to attack our firm and our work.”

I encourage you to look at the photographs with this column on the Web. Then judge for yourself the veracity of Steven J. Baum’s denial.

A version of this op-ed appeared in print on October 29, 2011, on page A21 of the New York edition with the headline: What the Costumes Reveal.

I can only imagine what Halloween parties might be like at the office of Steven D. Silverstein, at 14351 Redhill Suite G, Tustin, CA 92780 or Barrett, Daffin, Frappier, Treder, & Weiss, L.L.P., at 20955 Pathfinder Road, Suite 300 Diamond Bar, California 91765, or any of countless similar law firms that fit the Dickensian caricature of soulless lawyers whole live solely to destroy the lives of others might be like.  Silverstein, at least, seems to dress in Halloween costume year round as a loan shark or loan shark lawyer.  But there are other Dickensian characters, like Madame Thérèse Defarge in Tale of Two Cities: she waited for the revolution a long time, keeping the names of the government agents and traitors to the people memorialized in code or glyphs known only to her in her endless knitting.  

I don’t know how long it will take for the revolution to come here, but I do not believe we need to pray merely that people such as these employees of Steven Baum, or Steven Silverstein, or Barrett, Daffin, Frappier, Treder, & Weiss, will receive their just deserts in the afterlife.  On my list, the names of Barbara Boxer and Dianne Feinstein are close to the top of the list for pretending to be on the side of the people, while working tirelessly in their high ranking Senate Committees for the banks and their attorneys, to give them tax breaks for their work evicting people after non-judicial foreclosures under California Civil Code 2924.

Two Months Until the Campaign for Senate Begins in Earnest—Registration of Candidates Starts in January—My Campaign Platform in Brief

The Constitution of the United States is the greatest charter of human liberty ever conceived by the mind of man, and the Anglo-American Common Law is the most decent legal system ever to evolve on the Planet, the best guarantor of common sense and fairness ever offered to any people.   If Elected to the United States Senate, I will struggle to restore and re-empower the Constitution as guarantor of the Common Law, the rights of the people freely to contract for and enforce their contracts and rights to own and maintain their interests in property in all courts according to that law.

I oppose all efforts to invade or destroy the rights guaranteed by it to every citizen of this republic, including but not limited to the Antiterrorism and Effective Death Penalty Act of 1996 and the misnamed PATRIOT Act of 2001—if Elected to the United States Senate I will work tirelessly to repeal these statutes and to restore Habeas Corpus to full force and power, and to guarantee that the Civil Rights Laws of the United States can be enforced equally by white people against economic injustice and will no longer serve solely to pit one ethnic group against another, to the detriment and degradation of all.

I stand for social and economic justice, which, I believe can be guaranteed to all citizens only by a strict adherence to our Constitution, the Common Law, and the avoidance and abolition of any statutory or regulatory invasions or destructions of the constitutional rights of the states and individuals guaranteed by the First, Second, Fourth, Fifth, Sixth, Seventh, Ninth and Tenth Amendments.

I oppose the totalitarian, centralized bureaucratic government that exists in our country and the police nation supported by the vast majority of Democrats and Republicans in the House of Representatives, the United States Senate, the White House, and the Courts, as well as in the State Governments.

I am a Democratic-Republican in the tradition of Thomas Jefferson, James Madison, James Monroe, Andrew Jackson, and Samuel Tilden, and I completely and utterly reject the platforms of both the Democratic and Republican parties as constituted today, which are better called the “Corporate-Socialist Parties of Confiscatory Taxation and Totalitarian Regulation.”

We stand for the sovereignty and integrity of each individual against the State; the constitutional right to choose one’s associates and lifestyle; to accept private employment without governmental interference, and to learn one’s living in any manner that is not injurious to others.  I oppose the control of private employment by Federal bureaucrats mandated by the misnamed Public Health & Welfare Programs. I oppose the fictitious monetary system created by the Federal Reserve and the fictitious casino-stock-market gambling society created by the Securities & Exchange Commission.  I oppose the great fraud on the American people constituted by the Social Security Trust Fund and will fight to impose common law fiduciary rules of responsibility and accountability on all government insurance programs and the abolition of all unconstitutional government frauds. I favor home-rule, local self-government and absolute non-interference with individual rights.

I oppose and condemn the actions of the Federal Government in sponsoring a nationwide welfare program calling for Federal regulation of every aspect of private and family life, including the De-Facto Establishment of Secular Humanism as the National Religion of this Country in Violation of the First, Ninth, and Tenth Amendments, Federal regulations of private employment practices, voting, and local law enforcement.

I affirm that the continuing enforcement and elaboration of all such programs is utterly destructive of the social, economic and political life of the American people, and everywhere on earth.

Wherever there may be differences in race, creed or national orgin in appreciable numbers, each race, creed, and national or ethnic group should be entitled to self-governance and self-determination.

I stand for the check and balances provided by the three departments of our government.  I oppose the usurpation of legislative functions by the executive and judicial departments.  If elected to the United States Senate I will work tirelessly to dismantle the Independent Commissions and Executive Agencies which usurp both legislative and judicial functions.

I unreservadly condemn the effort to maintain and elaborate in the United States an integrated national police system that blurs the lines between State-and-Federal, National-and-International and now threatens to destroy the last vestiges of liberty enjoyed by the citizens and legal residents of this Country.

I will demand that there be returned to the People to whom of right they belong, i.e. to all Citizens and Legal Residents, those powers needed for the preservation of human rights and the discharge of our responsibility as (small “d”) democratic- (small “r”) republicans for human welfare.

I oppose a denial of those by political parties, purchased by corporate and international interests, and if elected to the United States Senate I will work to undo every treaty and executive order or agreement which functions as a barter or sale of those rights by a political convention, as well as any invasion or violation of those rights by the Federal Government.

I will seek to abolish all immunities for executive, judicial, and legislative officers except those involving open and active debate and examination of issues, but will seek to reimpose the rule of law so that no governmental official, state or federal, will ever again be deemed “above the Constitution” or “immune from any suit at common law” or for violation of Constitutional rights.

I call upon all Americans who sincerely oppose totalitarianism at home and abroad to unite with me in ignominously defeating Dianne Feinstein and every other candidate for public office who support and maintain the Police State which has been established over the past 63-99 years in the United States of America since the creation of the Federal Reserve Banking system and the Federal Income Tax.

Sean Michael Parks arrested; is Catherine Bryan of Kokopelli Community Workshop Next?

Affidavit of John W Roberts for Arrest of Sean Michael Park USDC SDCA 10-2011 Sean Michael Park’s Arrest Docket 10-21-2011 to 10-27-2011

The jails seem to be filling up, these days, with people who fight the Banking System.  There are at least two ways of looking at this growing trend and phenomenon:

(1)    Individuals who engage in high profile litigation draw attention to themselves and heightened scrutiny of their activities.  (This is the perspective most favorable to the Government).  “People who live in glass houses shouldn’t throw bricks”—so if you have any potentially smelly corpses or skeletons in your closet, you should not draw attention to yourself.

(2)    Individuals who make a career out of challenging the status quo should expect to be squashed like bugs because, after all, from the standpoint of the ruling elite, that’s exactly what the challengers are: annoying bugs who stand in the way of the rich getting richer (but they won’t stand in the way for long). (This is, perhaps, the more realistic perspective).

What’s curious about the timing of the case of Sean Michael Parks is that he and Catherine Bryan have both been jointly and severally accused (albeit, so far, informally) of embezzlement by conspiracy, inducing a criminal breach of fiduciary duty, and wire-fraud by one or more “fellow-travellers”, activists in the Mortgage Foreclosure Protest movement.   

Sean Michael Park’s accusing fellow-travellers choose to remain anonymous for the moment and has asked me for an ethics opinion: when revolutionaries betray each other, should the betrayed party seek the assistance of or invoke the power of the government to squash his treacherous erstwhile compatriot?

Theft of small amounts of money from a Bank, or fraudulent statements regarding small amounts of money to a U.S. Court, positively pales in comparison with the massive epic frauds of which (those of us who have studied the matter) know the American Banks and Securities-Financial Industry generally to be guilty.

But when wealthier activists, protesters, and revolutionaries such as Sean Michael Park steal from poorer activists, protesters and revolutionaries, it demeans the movement, hurts the poor, and only helps the counter-revolution.  

Revealing a fellow-traveller’s allegations of treachery of people like Sean Michael Park and Catherine Bryan to the world at large would never help our cause, but neither does letting them get by with their cunning, back-stabbing ways.  Is it worse to let one or two bad eggs in the movement crack if they’re really guilty of crimes even against their fellows or should activists, protesters, and revolutionaries stick together against the Financial-Government-Industrial Complex at all costs?  What, in short, is the moral obligation of “we who are still free?”  Should we use the corrupt system to settle our disputes with one-another and subject the treacherous among us to the worst penalties that all of us know we face for our activism?  Or should we suffer and withstand the injuries the treacherous and greedy within our ranks inflict on us so that we can stand “shoulder-to-shoulder” against the greater enemy, which eventually wants to imprison all of us on charges which may be true or false, serious or trivial, it hardly matters so long as they push us out of the way.

So, the victim(s) of Sean Michael Park and Catherine Bryan is perplexed, and wonders what s/he should do?  Should he add his or her complaint to the Federal Prosecutor’s arsenal against Sean Michael Park and Catherine Bryan or should he stand by his or her fellow-travellers and deal with their treachery in some other way?

A rumor is floating around that someone inside the FBI or U.S. Attorneys office has speculated that Sean Michael Park might be released, and prosecution deferred, if Park would drop all of his numerous challenges to various foreclosure proceedings against his property, including his challenge to the Summary Judicial Eviction order against him for his home.  This rumor (unsubstantiated at present) would strongly suggest that the prosecution against Sean Michael Park is merely pretextual.  

It is noteworthy, in this connexion, that the charges against Sean Michael Park relate to transactions with, financial instruments allegedly received from (or pretended to be received from) his tenants in various rental properties.

It is standard practice and procedure for the Banksters to arrange to poison relationships between real-estate investors and their tenants, to give the tenants rewards or special favors for turning against their small investor-landlords in favor of the banks/secured financial industry specialists.  “Possession is 9 points on the law” and the loyalty or lack of loyalty of tenants is an easy way to transfer possession from one “claimant” of ownership to another.  

So the Banks cut deals with tenants and this is what they may have done with Sean Michael Park’s tenants.  I have no actual knowledge of anything that happened in relation to the Complaint or Criminal Charges against Sean Michael Park, and I have heard from fellow activists that Sean Michael Park and Catherine Bryan are swindlers and embezzlers.  But I submit that it is at least possible that the Banks gave the tenants false/forged cashier’s checks or money orders for free, precisely with the long-term plan of entrapping Sean Michael Park.  I haven’t examined the forgeries—I haven’t even seen pictures of them, but if they are GOOD forgeries—well, to the best of my knowledge, Sean Michael Park was an AIRLINE FLIGHT ATTENDANT before he was a real-estate investor, and the opportunities for learning how to be a skillful forger of cashier’s checks in the position of AIRLINE STEWARD or FLIGHT ATTENDANT are, to the best of my knowledge, slim-to-none, minimal at best.

But the coincidence troubles me: some of Sean Michael Park’s most sympathetic allies felt he had betrayed and cheated them, in the most outrageous and egregious manner possible.  

Conspiracy to Embezzle Funds held in Fiduciary Capacity is a crime having no elements in common with Obstruction of Justice or Perjury or Forgery of Evidence except general dishonesty and  mens rea.   

So here’s the ethics question: what should the offended co-traveller do?  Assist in the prosecution of Sean Michael Park or assist in his defense?  

As all the world knows, I have been the victim of malicious prosecution myself—not once but at least on two completely separate and distinct occasions.  I have the maximum possible sympathy for the many activists and protesters who have been indicted more because of their beliefs and ideologically motivated activism than because of any real wrongdoing.   

But I always like to point out that some of the strongest evidence my persecutors in Texas ever used against me was that I gave a refund to clients and a bonus to employees who claimed dissatisfaction with my services and/or patronage.  Several lawyers in Texas told me that no lawyer ever makes a refund to any client, so it was extremely suspicious that I did.  Sean Michael Park and Catherine Bryan have not made any refund to the party they cheated and from whom they conspired to embezzle.