Tag Archives: charles lincoln

There will be NO Private Property in America until we Stamp out Bank/Servicer Mortgage Fraud

I only VERY rarely recommend a website, but without hesitation or reservation I recommend “Mortgage Servicing Fraud” 

http://www.msfraud.org/LAW/lawarticles/lawarticles.html

and “Deadly Clear”: http://deadlyclear.wordpress.com

IF the United States Congress were in truly in the service of the people, instead of the service of the Banks, Congress would be holding non-stop “Committee of the Whole” hearings about why Americans are losing their homes.  But Congress does not in fact represent the people, but only the vested special interests which Congress helped to create.  

The American people should stand up and elect members of Congress who swear their lives, their fortunes, and their sacred honor, on the Bible, to the people that they will investigate and punish the continuous, massive Mortgage Servicing Fraud which has been ongoing to greater or lesser degree since at least 1989 (Bush I).  We forget that Bush I was the President who earnestly pushed for Nuclear War and the rule of the United Nations in a “New World Order.”  In other words, Bush I (and Bush II) lived and worked in the service of World Communism while disguised as “Conservative Capitalist Republicans” endorsing central banking practices that trace their origins to Karl Marx, Frederich Engels, and Mayer Amstel Rothschild.  

Congress created the national banking associations monster (working closely with the banks and the Federal Executive, of course, since at least 1912).  Now to redeem American Democracy, Congress should force disgorgement of each National Banking Association’s wealth and compel divestiture and reconveyance to the Bank’s primary victims of all wrongfully foreclosed property.  I calculated, as did April Carrie Charney, in 2004-2006, that 80-90% of all Florida and Texas mortgages were held and serviced illegally.   In California, the figure cannot be less than 99.999%, allowing only for the tiniest fraction of “hard money” loans and mortgages with notes lawfully held by REAL private lenders.   I lack sufficient familiarity with practices in any other states to be certain of an exact figure.  Impressionistically, Louisiana and New Mexico seem to have a much greater number of hard money loans than any other states, from what I have seen and experienced.  New Jersey probably comes  close to California’s numbers.  Massachusetts and Arizona more likely approximate Florida’s.  

But the bottom line is obvious: nationwide, probably 90% of all mortgage foreclosures conducted since the late 1990s were and are illegal.  Undoing these is beyond the capacity of any state or federal court system at the present time.  Congress may need to create and appoint a special set of courts to unravel the mortgage mess created and growing exponentially ever since 1989-1994.

I would certainly push for the creation of such a special Court system carefully and properly to investigate the mortgage servicing and securitization fraud of the past quarter century, and to begin to restore the Fourth and Fifth Amendment guarantees of private property to reality.  

We are actively soliciting contributions to make such political reform possible.  Please send to Lincoln-for-Congress or the VINDICATIO TRUST ℅ Michael Lenaburg at 3579 East Foothill Boulevard, #544, in Pasadena, California 91107 or ℅ Charles Lincoln at 287 South Robertson Boulevard, #476, Beverly Hills, California 90211 (Fax 310-492-5342). 

King Solomon would approve this decision: nobody won, but justice was done!

Dr. Orly Taitz’ undistinguished (disgraceful, dishonest, and extremely informal and undignified) attack on her former “greatest admirer” Charles Edward Lincoln resulted in a January 12 hearing in U.S. District (Magistrate Judge Lurana Snow’s) Court in Fort Lauderdale, Florida, which lasted five hours running into “overtime.”  This dull proceeding was attended by several witnesses, several lawyers including top-notch Philadelphia attorney Philip J. Berg for Lincoln, and an audience of two (possibly homeless but definitely unemployed) paid bloggers.  After the hearing, Lisa Ostella produced an affidavit on Lincoln’s behalf which basically demolished both of the two shreds of credibility that Orly Taitz had ever had in her life.  And, ironically, both Lincoln and Ostella had formerly been both fans AND close working associates of Dr. Taitz in her quest for small-time radio-talk show interviews nationwide.

Nothing else of any note happened that day or after.  Judge Lurana Snow “split the baby” and denied sanctions while simultaneously denying any clear vindication to the injured parties, or any punishment to the lying party.  Nobody “won”, but a calm version of justice prevailed, and the case-in-chief will go forward, thanks to Judge Dimitrouleas’ order of last Friday that U.S. Bank should answer the 4 out of 7 remaining counts of Plaintiffs’ original Complaint.  On PACER:

The following transaction was entered on 2/9/2010 at 2:08 PM EST and filed on 2/9/2010

Case Name: Rivernider et al v. U.S. Bank National Association
Case Number: 9:09-cv-81255-WPD
Filer:
Document Number: 58 Lurana Snow Denies Sanctions February 9 2010

Docket Text:
ORDER, no sanctions will be imposed by the court on the plaintiffs or Dr. Taitz, and the parties and witnesses shall pay their own attorney’s fees. Signed by Magistrate Judge Lurana S. Snow on 2/9/2010. (cqs)

Call to Arms: Wells Fargo Class Action possible on Mortgage Servicing/Holder-in-Due Course Fraud, Securitization issues?

FEDERAL CASE AGAINST WELLS FARGO

Currently I am the sole Plaintiff in a lawsuit against Wells Fargo in US District Court in Boise Idaho. The suit, like many of the others I write, is for Quiet Title to my property located in Caldwell Idaho. My assistant, Peyton Freiman, took it to the Court for filing in September along with an Application for Temporary Restraining Order, regarding which the Court immediately ordered a three hour hearing set for October 28, 2009.  Usually the decision on whether or not to grant a TRO is made in a manner of minutes in chambers. But, on this particular occasion, given the current economic climate, distrust of banks and maybe the individual language used in my pleadings I have been given a great deal of time to make my case for injunctions against Wells Fargo as we continue onward into Discovery and finally a trial. Hopefully this is a Court that realizes the seriousness of the matter and is giving me more time as a result, not simply a scare tactic to make me have second thoughts. Either way, I plan on being as prepared as ever to argue the issues in my pleadings.

I realize that this is a great opportunity and extend the option to anyone reading this who also has a loan out with Wells Fargo to intervene and join as a co-plaintiff in this case in Idaho. It would be a great strategic advantage  to have a massive list of Plaintiffs going into this hearing to give added weight to my words and possibly gain class action certification as a result.  To obtain certification under Rule 23 of the Federal Rules of Civil Procedure, there has to be at least one claim and issue regarding which all class members have identical claims. They have gotten very strict about that recently, it seems.  So class action status as a co-plaintiff we would need to talk about what issues there are in common and whether we can make identical claims for damages, injunction, or declaratory judgment.   In other words, there’s a difference in drafting issues of a different kind here: tailored issues for class certification and designation of one representative as “typical.”  We will also have to get a lawyer representing everyone’s claims in this action.  There is nothing specific in Rule 23 that says you have to have a licensed attorney.  Rule 23(a)(4) requires that “the representative parties will fairly and adequately protect the interests of the class, while Rule 23(c)(2)(B)(iv) states that “a class member may enter an appearance through an attorney if the member desires.  Almost decision I have seen, however, requires that a class be represented by a licensed attorney and I’m not sure this is the place to try to challenge that issue, although it may be.  I’m open to discussion on that point.  The Court’s discretion to impose the requirement of a licensed attorney springs from Rule 23(d) (1)(C) “In conducting an action under this rule, the court may issue orders that….impose conditions on the representative parties or on intervenors.”

For the time being, and I’m writing this as of September 30, 2009: I issue this “Call to Arms”—Will everyone who believes they have been defrauded by Wells Fargo in regard to the servicing or modification of a mortgage note or mortgage contract signed after January 1, 2000, or who particularly believes that Wells Fargo is no longer the “holder in due course” of their note, or has otherwise acted in a manner inconsistent with “privity of contract” contact me through Robert Ponte at 860-599-5557?  It would be easier to start out with people in the Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, and American Samoa, but we have another anchor state in Florida and still others in Massachusetts, Maryland, and Michigan where parallel actions could be filed.

I’d ask this:  I am working on the lawyer, are you, dear reader, willing to work with me?  If you want to know more I am willing to forward on the complaint, essentially the damages are “holder in due course” issues, which I talk about frequently on this blog. In short, if you think that somehow you and I don’t share the same kind of damages or allegations of material fact please think again: we are ALL being duped by big banks who have no idea where our original notes are. So, think about it and contact me if you wish,

CEL III

Wells Fargo Flap in Malibu.

Even though this story is being reported by the Wall Street Journal and the LA Times do not be fooled that these papers are working for you or our communities.  Yea it is way bad that a Wells Fargo Exec. is taking advantage of a Malibu, CA empty foreclosed property by squatting there and throwing private parties.  The real issues of banks gone bad is never reported by major media. The bank or servicing co. is not being the holder in due course on most if not all loans and many other issues never get reported and we still allow most foreclosures to go through even though they have NO rights to the property in the first place. The NY Times, WSJ and many others are not working for you at all.  They just report on stories like this only to sell papers and divert us from the real issues of the fraud going on right under our noses. Want to do something to help or help yourself?  Do you think you might lose your home in foreclosure and to a servicing company no less?  Are you behind in your payments?  Is your home worth less now than the mortgage balance?  Contact us now for your own personel property or you may want to join our class action suit we are putting together against Wells Fargo?