Tag Archives: Common Law

SIMULATION OF LEGAL PROCESS: Two Faces of Attorney Fraud in Florida Foreclosures (Plaintiff’s and Defendant’s)—but under Rule 1.540(b)—-IT AIN’T OVER TIL IT’S OVER!

In Robert S. Tripka’s appeal to the Second District Court of Appeal, we see evidence from a case in which one of the original Florida Mortgage Defense Mavens, April Carrie Charney, has been involved that the members of the Financial Plaintiff’s bar in Florida (e.g. Linda Spaulding White of Broad & Cassell LLP) will stop at nothing to hide the bank’s financial malfeasance in securitizing notes and thereby obliterating them, while trying to preserve the facade of law—as if the Common Law, Constitution, and Uniform Commercial Code were still followed and operating as living systems in Florida—which they are not.  But a plethora of cases decided (and receiving hardly any publicity) in the past five years show that there are many Florida Judges with integrity who are doing their best to stop the bleeding and degradation of the law…  Deutsche Bank National Trust Company no more has standing to foreclose on Tripka’s house than whatever Saudi Prince or “Equity Fund” actually has a fractionalized interest in a mortgage note which has been sold and therefore paid…

Robert S. Tripka’s Motion for Written Opinion, Rehearing or Rehearing En Banc and Certification on Appeal to 2nd DCA October 23

SIMULATED LITIGATION BY A DEFENSE ATTORNEY COLLABORATING WITH DEUTSCHE BANK NATIONAL TRUST—At the other end of Florida and on the other side of foreclosure  litigation fraud issues, Aluisio Barbosa, a severely disabled person, has filed a Complaint for Equitable Bill of Review of his Foreclosure under Florida Rule 1.540(b) in Broward County (Fort Lauderdale) alleging Extrinsic Fraud in William Jeffrey Barnes’ intention and motivation… at every step of the defense which he and his wife paid for….with this very arrogant (and treacherous) high-profile and high priced attorney….  Plaintiff Aluisio Barbosa has alleged (and credibly documented) that William Jeffrey (aka “Jeff”) Barnes intentionally perverted and twisted the defense of his and his wife’s case… by collusion and cooperation with the Attorneys’ for Deutsche Bank National Trust Company and one of these film-flam trusts…. the GSAA HOME EQUITY TRUST 2006-16, which exists ONLY as a vehicle for securitization and hence for fraud….

Aluisio Barbosa & Una Proenca Rule 1.540(b) 92 Page Complaint for Equitable Bill of Relief

Agenda 21—“Environmentalism as the New World Religion”—South Australia’s Ann Bressington lays it all out very simply and directly—World Government at its Worst….”Profound Reorientation of Human Society”

Is Environmentalism the New World Religion?  (I am reminded of Sigmund Freud’s booklet “Der Zukunft einer Ilusion” published in 1927—“the Future of an Illusion” about how “bad old” religion would just be replaced by “good New, progressive” religion which covers all the same territory…
Will sterilization of masses of the world population “save mother earth?”
Does the Private Ownership of Land Contribute to Social Injustice, or PREVENT IT?
Ann Bressington has presented this catastrophic movement in simple and direct terms. EVERYONE needs to watch this video and forward it.
A totally different side of the mortgage crisis and foreclosure epidemic is the alliance of the Bankers with the Agenda 21 mad FALSE environmentalists.  Let me make this clear: I for one am deeply concerned about the early industrial era-through-modern human impact on the environment.  I was President of the Environmental Law Society at the University of Chicago Law School and chaired colloquia on the Exxon-Valdez and Amoco Cadiz Oil Spills.
In 1991-1992, I sided with those political leaders in Louisiana who were in favor of “nullifying” the power of the U.S. Army Corps of Engineers and expelling the then much less powerful FEMA because EVERYONE expected a Katrina-like disaster decades before it happened—and the only solution would have to restore natural water flows to the Mississippi River and allow the natural deltaic buildup of this state by land accretion through flooding to take place in the Atchafalaya Basin.
But Agenda 21 is not a true environmental agenda but a post-Industrial Corporate-Socialist-State-Communist agenda to destroy the rights of the individual, the constitution of the United States and every democratic country, and to reduce us all to the serfs of state planners.  If you have not heard of Agenda 21 or are only vaguely familiar, I urge you to listen to this very brief and succinct presentation by Ann Bressington, an almost unknown politician (member of Parliament) from South Australia who “hits the nail on the head.”  I urge everyone to pay attention and start studying Agenda 21—it was being promoted at Cadwalader, Wickersham, & Taft in the early-mid 1990s at the same time when I witnessed, participated in and criticized that oldest of all Wall Street Law Firms as it was introducing securitized mortgages to the United States—like Ann Bressington’s critique of Agenda 21, my critique of securitization was that it NULLIFIED COMMON LAW….
“Redeployment” of natural and human resources means worldwide slavery….

Is this another knowing and willful (but insane) step towards socialism? What we need is to restore the Common Law and make individual Judges Accountable for Enforcing the Law in a Constitutional Manner

California cities eye plan to seize mortgages

Associated PressBy AMY TAXIN and CHRISTINA REXRODE | Associated Press – 14 hrs ago

FONTANA, Calif. (AP) — In the foreclosure-battered inland stretches of California, local government officials desperate for change are weighing a controversial but inventive way to fix troubled mortgages: Condemn them.

Officials from San Bernardino County and two of its cities have formed a local agency to consider the plan. The securities industry has been quick to register its displeasure and say it will only make loans harder to get.

Discussion of the idea is taking place in one of the epicenters of the housing crisis, a working-class region east of Los Angeles where housing prices have plummeted. Last week brought another sharp reminder of the crisis when the 210,000-strong city of San Bernardino, struggling after shrunken home prices walloped local tax revenues, announced it would seek bankruptcy protection.

Now — and amid skepticism on many fronts — officials from the surrounding county of San Bernardino and cities of Fontana and Ontario have created a joint powers authority to consider what role local governments could take to stem the crisis. The goal is to keep homeowners saddled by largemortgage payments from losing their homes — which are now valued at a fraction of what they were once worth.

“We just have too much pain and misery in this county to call off a public discussion like this,” said David Wert, a county spokesman.

The idea was broached by a group of West Coast financiers who suggest using the power of eminent domain, which lets the government seize private property for public purpose.

In this case, they would condemn troubled mortgages so they could seize them. Then the borrowers would be helped into mortgages with significantly lower monthly payments.

Steven Gluckstern, chairman of the newly formed San Francisco-based Mortgage Resolution Partners, says his main concern is to help the economy, which is being held back by the mortgage crisis.

“This is not a bunch of Wall Street guys sitting around saying, ‘How do we make money?'” he said. “This was a bunch of Wall Street guys sitting around saying, ‘How do you solve this problem?'”

Typically, eminent domain has been used to clear property for infrastructure projects like highways, schools and sewage plants. In this case, supporters say, the public purpose is served because communities battered by foreclosures have seen tax rolls decimated and services gutted and have suffered economic blight.

The plan targets homeowners who are current on their mortgage payments but “under water,” meaning they owe more on the mortgage than the home is worth. Here’s how it would work for a hypothetical city:

— The city goes to court and argues that the public purpose is served by having the county own, and ultimately refinance, the mortgage.

— The city pays fair market value to the owner of the mortgage. That is usually a securitization trust, an otherwise passive financial entity used to bundle mortgages and sell pieces to investors that became a bigger part of the mortgage market during the 2000s housing boom.

— The city, the new owner of the mortgage, encourages and helps the homeowner to find refinancing. Now the principal is lower, and interest rates are at historic lows, so the homeowner winds up with easier monthly payments.

— Mortgage Resolution Partners collects a flat fee, $4,500 per loan, for helping the city find homeowners who can be helped and for handling the other mechanics of the process.

The company says everyone should wind up happy: The homeowners get lower payments, cities help clean up the mortgage crisis and shore up their tax base, and the mortgage-owning trusts unload a risky asset.

Rick Rayl, an eminent domain lawyer in Irvine, Calif., who is not connected to the company, said the plan could have unintended consequences, like discouraging banks and other lenders from making new mortgage loans in an area.

“The lenders are going to be livid,” he said.

The company says that focusing on borrowers who are current on their loans is a smart way to do business, rewarding those who are already working hard to keep their homes.

At the first meeting of the joint powers authority on Friday, chairman and San Bernardino County chief executive Greg Devereaux said the entity — which was inspired by Mortgage Resolution Partners’ proposal — has not decided on a specific course of action.

Timothy Cameron, managing director of the Securities Industry and Financial Markets Association’s asset managers group, told the authority that residents of the region would find it harder to get loans and investors — including pensioners — would suffer losses. He also said such a move would invite costly litigation.

“The use of eminent domain will do more harm than good,” he said. “We need mortgage investors and lenders to come back to these fragile markets — but this plan will force both groups to avoid them.”

Robert Hockett, a Cornell University law professor, said the plan forces the hand of some investment bankers who bundle mortgage loans into securities and sell pieces to investors.

The bankers have sometimes stifled plans to reduce mortgage payments, he said. Their objections to this plan, he said, are “kind of like saying a loan shark objects to anti-predatory lending laws.”

Theodore Woodard, a 62-year-old retired air conditioner installer, said he’d welcome the help on his five-bedroom home in Fontana. So far, he and his wife have kept up with monthly $3,100 payments, plus taxes and insurance, but it hasn’t been easy, and they have watched several neighbors in the well-manicured neighborhood some 50 miles east of Los Angeles lose their homes to foreclosure.

“We’ve been making our monthly payments, barely making them, but we just pay them and try to survive off what’s left,” said Woodard, who estimates his house has lost a third of its value since 2004.

In San Bernardino County, the problem is clear. The median home price has plunged to $150,000 from $370,000 in five years. The combined San Bernardino-Riverside metro area has the highest foreclosure rate of any large metro area in the country, at four times the national average, according to RealtyTrac, which tracks foreclosure properties.

Devereaux, who has seen other plans to fix the housing crisis peter out, is cautious.

“I don’t know whether this will work or not,” he said. “But we do think we have a responsibility to explore it.”

Rexrode reported from New York. AP Business Writer Daniel Wagner contributed to this report from Washington, D.C.

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For Family, Home, and Freedom: Restoration of Civil Liberties, Restoration of Honor in Government, Abolition of AEDPA and the PATRIOT ACT, and Social Security Reform by Restoration of the Common Law of Trusts all go Hand-in-Hand

‎”The former House speaker, who has risen in the polls, would allow younger workers to take their share of the payroll tax that funds Social Security and put it in a private account.” That’s okay. If their investments tank, he also supports euthanizing elderly people who are homeless–or at least denying them any medical care for which someone else would have to pay.

Note how DESPERATELY ironic it is that ANYONE would consider Newt Gingrich a “Conservative”.   Euthanasia of the elderly (and “antisocially” uncooperative) was supported from the earliest days of Fabian Socialism by no less renowned celebrities of the turn of the last (19th-20th) Century than George Bernard Shaw, who predicted that if “people refused to live a good life, they would be painlessly put to death” in a Fabian Socialist world—later enshrined in what Aldous Huxley called the “Brave New World”—at some future date “in the Year of Our Ford.”   Real conservatives would never support euthanasia as a matter of social policy, or deny the right of any individual to make choices for him or herself.  Real Conservatives believe in Freedom as the Highest Value, but Newt Gingrich is no Conservative, no Patriot, and No American:

In fact, Newt Gingrich deserves the hatred and disdain of all Americans who value the Constitution and especially due process of law for his role in bringing about the 1996 legislation known as the Anti-terrorism and Effective Death Penalty Act, which effectively abolished the writ of Habeas Corpus in the United States. The Constitution says Habeas Corpus will never be suspended, but it’s now almost neutered, nugatory, non-existent. Of course, what’s interesting is that his proposals were part of Newt’s famous campaign “Contract with America” (sometimes called the “Contract on America”) 1994 BEFORE the April 1995 bombing of the Oklahoma City Federal Building. If you’re of a suspicious mind, you could even imagine that they (the Feds) planned the bombing so that they would have an excuse to enact the 1996 restrictions on Freedom. But the public reaction was insufficient. They (I mean, of course, Bin Laden) had to pull off 9-11 before the Patriot Act could go into law five years later—but it was ALL part of Newt Gingrich’s original proposal. “Eye of Newt and Toe of Frog, Ear of Bat and Wool of Dog”—I’d Say Gingrich has them all, and yes, I think he’s an evil Wizard who would conjure up more evil as President than we can begin to imagine……

So far as Social Security is concerned, I have an alternative proposal where “right meets left” I think: Maintain government management of Social Security but subject government management to the Common Law. That would mean that the government would actually KEEP its promise to create Social Security Trust fund for each individual, and would manage it as a matter of fiduciary responsibility under the traditional law of Trusts & Estates. This would be real, this would be honest, and it would be guaranteed. And if it fails, there would be direct consequences to the managers (namely the six members of the Social Security Administrators, who act as Trustees over a fictitious and unfunded trust right now, subjecting them to liability for fraud even before accounting).  https://charleslincoln3.wordpress.com/2011/08/18/further-thoughts-on-the-public-debt-clause-and-social-security-a-major-lawsuit-based-on-14th-amendment-waiver-of-immunity/

Real Conservatives, Real Patriots, Real Americans believe in keeping promises and honoring the commitments made by the government as TRUSTEE FOR THE PEOPLE.  It is a sacred duty and a sacred commitment which cannot be broken.

If elected to the United States Senate, I would push forward such a lawsuit on behalf of the people of California against the United States Government.  Every Senator and Congressman who did not join me in this lawsuit would have to explain why.   I think that, given the standing of a Senator from the Largest state, the Social Security Trust Fund would have to be reformed  and subjected to the common law of trust, and Social Security would be fully funded for the first time in history, as a result of the (finally) politically feasible disgorgement of 75 years of misuse and government abuse in alliance with the major corporations.  And at the same time, the government-corporate alliance would be crippled.  And for that, the people of the United States would have something seriously to be thankful for.

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 to Senate Bill 1867 to try to hide or disguise the grim, vicious reality—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.