Monthly Archives: November 2011

NOV 23RD – MARCH TO PUT CONGRESS ON NOTICE: STOP THE ECONOMIC TERRORISM OF THE SUPER COMMITTEE, WALL ST. AND THE PENTAGON

OCCUPY 4 JOBS NETWORK
occupy4jobs.org

 STOP THE ECONOMIC TERRORISM OF THE SUPER COMMITTEE, WALL ST. AND THE PENTAGON 

NOV 23RD – MARCH TO PUT CONGRESS ON NOTICE:

IT’S JOBS, JOBS, JOBS

NOT SUPER CUTS

Organize a protest where you are! List your local activity or volunteer to join the Occupy 4 Jobs Network or help out HERE: Join – endorse – volunteer 

IN NEW YORK CITY:

 4 PM LIBERTY PLAZA (Zucotti Park, Cedar & Broadway)

IN PHILADELPHIA:

 Meet at City Hall at 12:00 noon
Join the fight and march with PEACE

Philly Economic Advancement CollectivE
peace@peoplesmail.net ; 215-724-1618

On Nov. 23rd the illegal congressional super committee of Democrats & Republicans will dictate super cuts throwing millions into desperate poverty.  They don’t care — most of Congress are millionaires.  It’s not about a deficit.  They created the deficit by military spending and then borrowed from their friends the banks to pay for it.  The issue is
1) what does our money get used for? and
2) who is making the decisions? 
Yes, we want the billionaires to start paying taxes, but Congress can just steal that tax money too and turn it right back over to them. Congresspeople are bought and also have personal investments in military, oil and banking.
 
WORKERS, POOR, YOUTH, STUDENTS WILL DECIDE.
CONGRESS IS A MILLIONAIRES CLUB.
IT DOESN’T REPRESENT THE PEOPLE!
CONGRESS SERVES THE 1%
A JOB IS A RIGHT!
SOCIAL SECURITY, HEALTH CARE, EDUCATION, FOOD IS A RIGHT!
 
50% of the federal budget goes to war profiteers. $400 billion goes to banks in tax-free interest payments.
 
OCCUPY FOR JOBS
NATIONAL NETWORK FOR: PUBLIC JOBS PROGRAM, 30 MILLION JOBS AT UNION WAGES, JOBS OR INCOME NOW, JOBS FOR ALL WORKERS REGARDLESS OF IMMIGRATION STATUS, NO MORE LAYOFFS

Read the Occupy 4 Jobs call 

List your local activity or volunteer to join the Occupy 4 Jobs Network or help out HERE: Join – endorse – volunteer  

Occupy 4 Jobs on  

                                                     Occupy 4 Jobs Network
                                                        c/o Solidarity Center
                                                          55 W. 17th St. #5C
                                                        New York, NY 10011
                                                              212-633-6646
                                                       www.Occupy4Jobs.org
                                                   Email: info@occupy4jobs.org


9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct

http://livinglies.files.wordpress.com/2009/02/9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct.pdf
Posted on February 9, 2009 by Neil Garfield
9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct
In considering the actions of the Federal District Court Judge and Trustee below, the 9th Circuit Federal Court of appeals made short shrift of the shell game of the players in the securitization game. In a word, they declared the mortgage invalid. While the facts are different than the home mortgage foreclosure the legal theory is the same. Some excerpts:
Aerocolor, Inc., was in bankruptcy in the United States District Court for the Southern District of California. The appellee herein, Crocker-Citizens National Bank, applied to the referee in bankruptcy for leave to exercise the bank’s power of sale under a chattel mortgage which the bank claimed to have received from Aerocolor before Aerocolor became bankrupt. The referee in bankruptcy denied the bank’s application, stating several reasons for the denial. We shall discuss only one of those reasons, the failure of the officers of Aerocolor to acknowledge, in the presence of the notary public who attached his certificate to the document, their signatures to the chattel mortgage.
Our problem, then, is to determine whether, under California law, the bank’s chattel mortgage was valid as against Aerocolor’s creditors. California Civil Code 2957 provides:
6
A mortgage of personal property or crops is void as against creditors of the mortgagor and subsequent purchasers and encumbrancers of the property in good faith and for value, unless:
7
1. It is acknowledged, or proved and certified, in like manner as grants of real property;
8
4. The mortgage * * * is recorded in the office of the recorder * * *.
9
California Civil Code 1185 provides that the acknowledgment of an instrument must not be taken unless the officer taking it knows, or is furnished evidence, that the person making the acknowledgment is the person described in the instrument. Sections 1188 and 1190 provide a form of words which the officer must indorse on or attach to the instrument acknowledged. That form states that the person making the acknowledgment personally appeared before the officer who took the acknowledgment. California Government Code 6203 provides:
10
Every officer authorized by law to make or give any certificate or other writing is guilty of a misdemeanor if he makes and delivers as true any certificate or writing containing statements which he knows to be false * * *.
11
California Government Code 8214 makes a notary public and his sureties liable to any person injured by the notary’s official misconduct or neglect.

12
In the instant case the chattel mortgage was not acknowledged. The California statute says that such a mortgage shall be void as against creditors of the mortgagor. At least as to existing creditors of the mortgagor, the purpose of the legislature in requiring acknowledgment, and recordation, to which acknowledgment is a prerequisite, could not have been the giving of notice, since such a creditor would have already parted with his money or his goods or his labor, and the only benefit which would accrue to him from a recordation which might come to his notice would be the warning that he had better not part with any more of his money or his goods or his labor on the assumption that because his debtor was in possession of many chattels he would probably pay his debts. The legislators’ view may well have been that if a person had many chattels in his possession, and many debts, some one of his many creditors ought not to be allowed the advantage of a secret, non-possessory lien upon the debtor’s apparent chattel riches, which advantage the favored creditor would disclose when the debtor’s financial structure was about to collapse. The legislature may well have thought that if one creditor is to be permitted to gain such an advantage over others, he should at least take certain prescribed steps in order to accomplish that purpose. As we have said, the notice given by recordation would have come too late to be of use to existing creditors.
13
We think, then, that at least as to existing creditors, the requirement of Civil Code 2957 that chattel mortgages be acknowledged in order to be valid prescribes a necessary step in the creation of the lien of the chattel mortgage itself, and not a method of giving constructive notice of an otherwise valid lien.
14
In the instant case, although the chattel mortgage was not acknowledged, the notary public certified that it had been acknowledged. On its face, then, when it was presented by the bank to the recorder there was no reason why the recorder should not record it, and he did record it. In such a situation, there are obvious possibilities of great inequities. If someone had bought Aerocolor’s note from the bank and had sought to enforce the chattel mortgage against Aerocolor, which for the purpose of the illustration we will assume was still in business, it would be difficult to see any equity in a defense by Aerocolor that its officers had not acknowledged the chattel mortgage.
17
We suggest, with deference, that the patent-latent dichotomy has no application to the instant case. It is for the protection of persons who rely upon what appears fair on the record, and as to whom it would be inequitable to assert defects in the acknowledgment which they had no reason to suspect. In the instant case the defect was created by the chattel mortgagee itself, the bank. On its premises, and under the supervision of its agents, the officers of the mortgagor signed the mortgage, and were allowed to depart without having acknowledged their signatures. Under the supervision of the bank’s agents, a notary later made a false certification that the mortgagor’s officers had acknowledged their execution of the instrument. If such a complete disregard of the provisions of the California statutes is to be treated as irrelevant, not for the protection of an innocent third person but for the benefit of the party who so disregarded the statutes, it should be the California courts, not a court of another sovereign, which should announce that doctrine.
18
In view of our conclusion that the acknowledgment of the chattel mortgage was invalid and the mortgage was therefore invalid as against the trustee in bankruptcy, we have not considered the other asserted grounds of invalidity of the chattel mortgage.
19
The judgment of the District Court is reversed, and the cause is remanded for further proceedings not inconsistent with this opinion

http://livinglies.files.wordpress.com/2009/02/9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct.pdf


Inside Job. The documentary. Online. For free.

Inside Job. The documentary. Online. For free.

Charles Ferguson’s film – Inside Job – won the Academy Award for Best Documentary in 2011. It narrates the conflicts of interest between the finance industry, politicians, academics and regulators, which eventually led to the trillion-dollar collapse of 2008. Narrated by Matt Damon.

http://www.theotherschoolofeconomics.org/?p=2499

 


Gather the Spirit ….Occupy Detroit

http://www.moratorium-mi.org/

Occupy Detroit

Contact Info:

web: occupydetroit.us

Twitter:
OccupyDetroit: http://twitter.com/#!/OccupyDetMI
OccupyTheHood: Http://twitter.com/#!/OccupyTheHoo

Monetary Donations to be sent to: https://www.wepay.com/donate/17751

Moratorium NOW! has a new phone number: 313-744-7912

DEMAND A NATIONAL MORATORIUM ON FORECLOSURES AND EVICTIONS

Vanessa Fluker confronts Congress about the incentive for banks to foreclose on homes:

http://www.clickondetroit.com/video/26813207/index.html?taf=det

Most Home Loans Are Owned or Backed by the Federal Government
Federal Government is now the force behind most evictions

Today the vast majority of home loans are owned or backed up by the federal government. This means when your home is foreclosed, the government pays off the bank for the full value of the inflated loan, evicts you from your home, and then sells off your home to some investor for peanuts. This is a silent bail-out of the banks. Instead of evicting us from our homes, the government should declare a moratorium on foreclosures – just like they did in 25 states during the 1930’s. Then people could stay in their homes with affordable payments, based on the real value of their property.

Today the vast majority of home loans are owned or backed up by the federal government. This means when your home is foreclosed, the government pays off the bank for the full value of the inflated loan, evicts you from your home, and then sells off your home to some investor for peanuts. This is a silent bail-out of the banks. Instead of evicting us from our homes, the government should declare a moratorium on foreclosures – just like they did in 25 states during the 1930’s. Then people could stay in their homes with affordable payments, based on the real value of their property.

Today the vast majority of home loans are owned or backed up by the federal government. This means when your home is foreclosed, the government pays off the bank for the full value of the inflated loan, evicts you from your home, and then sells off your home to some investor for peanuts. This is a silent bail-out of the banks.

Instead of evicting us from our homes, the government should declare a moratorium on foreclosures – just like they did in 25 states during the 1930’s. Then people could stay in their homes with affordable payments, based on the real value of their property.

Demonstration called by the People Before Banks Coalition, and the Moratorium NOW! Coalition to Stop Foreclosures, Evictions, and Utility Shutoffs

People Before Banks Coalition

“Bail Out of Chase”

PBBC staff: Rev. Charles Williams, 734-652-6382 or Joan Smith, 402-689-8878.

The People Before Banks Coalition unites organized labor, faith communities and local organizations in a campaign calling on JP Morgan Chase Bank to do the right thing. Coalition leaders are asking individuals and organizations to sign a pledge to withdraw their Chase accounts and/or cancel their Chase credit cards if the bank continues to reject two actions that are morally and economically just:

1. Declare a two-year moratorium on foreclosures
As a beneficiary of billions of taxpayer dollars spent to bail out the banks, Chase should take the lead in stemming the flood tide of foreclosures sweeping the country. In communities devastated by unemployment, people need a temporary bailout scaling back their housing costs to affordable levels.

2. Sever its business ties with the RJ Reynolds Corporation if
the tobacco giant refuses to join negotiations with the Farm Labor Organizing Committee over the slave-labor working conditions at the company’s contract growers in North Carolina. Chase is RJ Reynolds’ principal creditor.

To encourage Chase Bank to take these urgent steps, we are enlisting supporters to sign a pledge to withdraw their Chase accounts and/or cancel their Chase credit cards. The UAW has already made the pledge and we are asking individuals and organizations to join this campaign.

CHASE BANK AND HOME FORECLOSURES

JP Morgan Chase is now racking up growing profits at the same time it admits to massive irregularities in the foreclosure of homes without proper documentation. Chase and other mega banks would rather rush to foreclosure when the mortgage is federally insured, collecting the full value at taxpayer expense.

Chase proclaims that it has “offered more than 900,000 mortgage modifications to troubled homeowners,” but government reports for the Home Affordable Modification Program (HAMP Servicer Report, August 2010) indicate that Chase has a poor record for making these modifications permanent. Chase finds it cheaper to postpone permanent modification or deny it altogether if it can collect on federal insurance for the full value of the foreclosed mortgage.

Chase has joined only a portion of Michigan’s “Helping the Hardest Hit” for the unemployed, at the same time that the bank is the prime contractor to the state of Michigan for issuing debit cards to those collecting unemployment insurance. Chase Bank, while collecting the fees from those cards, should be in the forefront of guaranteeing that the unemployed do not lose their homes. (For more information, go to http://www.moratorium-mi.org/).

REYNOLDS AMERICAN AND MIGRANT FARMWORKERS

Every year, thousands of migrant farm workers travel to North Carolina to work for tobacco growers under contract to RJ Reynolds. Many suffer from subminimum wages, corrupt crew leaders, extreme poverty, unregulated labor camps, and serious daily health risks, including nicotine poisoning and heat stroke. JP Morgan Chase is one of the lead banks in a consortium of lenders that has invested $500 million in Reynolds.

UAW President Bob King recently visited the tobacco fields with Baldemar Velasquez of the Farm Labor Organizing Committee. “Chase needs to help unemployed homeowners in Michigan and underpaid farm workers in the Carolinas,” King said on his return. “The bank could make a huge difference by suspending foreclosures and by pressuring RJ Reynolds to join negotiations with farmworkers and contract growers.” (For more information go to http://supportfloc.org/)

The People Before Banks Coalition unites faith-based activists, community groups, and unions on behalf of social justice. Its constituent groups include the Interfaith Workers Justice Committee, the UAW, the Farm Labor Organizing Committee, Rainbow PUSH, Moratorium Now Coalition to Stop Foreclosures, Evictions, and Utility Shutoffs, and Jobs With Justice.
For more information, contact: peoplebeforebanks@gmail.com

Stop the Eviction of Michelle Hart and her Mother
Demand a Two Year Moratorium on all Foreclosures & Evictions
STOP Bank of America

UPDATE: The eviction hearing for Michelle Hart and her mother has been rescheduled for Dec. 15. It appears that the fraud (lost documents, improper title tranfers, robosigning, etc.) that has been exposed in hundreds of thousands of foreclosures around the U.S. may exist in this case as well.

The very same week that Bank of America — and other major banks — announced it was suspending foreclosures to try to clean up their massive fraud, Michelle Hart and her elderly mother were served with eviction papers by Bank of America! Bank of America’s lawyers informed Ms. Hart’s representative that they fully intend to evict them from their Southfield home despite BOA’s public proclamations and the front page news headlines that call into question every property transaction during and after the housing crisis erupted.

WE DEMAND: LOAN MODIFICATION, NOT EVICTION!

BOA would rather toss Michelle Hart and her mother, who suffers from pancreatic cancer, out on the street, than negotiate a loan modification.
Michelle Hart and her mother — like hundred of thousands of others — applied for a loan modification of their usurious, adjustable-rate mortgage from Countrywide and Bank of America to reflect her reduced income. BOA refused to modify Ms. Hart’s usurious, adjustable-rate mortgage. BOA ignored the binding Consent Agreement to modify loans that it signed with the Attorney General’s office on Oct. 6, 2008. BOA even received $7 billion from the federal government to participate in the Making Home Affordable Program.

Why is virtually every government program announced to help homeowners with modifications collapsing? The programs don’t work because they are based on the belief that the same banks that have perpetrated and profited from massive foreclosure fraud, will treat borrowers who seek modifications in a fair manner when they seek modifications of their loans. Borrowers are stymied. It is a fact that the lenders either have no one to answer their calls, or when they do, the banks routinely deny the modifications, violating the banks’ agreements with the government to carry out modifications.

IT IS IMMEDIATELY NECESSARY FOR THE GOVERNMENT TO DECLARE A NATIONAL TWO YEAR MORATORIUM ON ALL FORECLOSURES AND EVICTIONS SO MORTGAGE PAYMENTS CAN BE SET BASED ON HOMEOWNERS’ ABILITY TO PAY AND THE PRINCIPAL IS REDUCED TO THE ACTUAL VALUE OF THE HOMES.

The majority of home loans are now either owned or backed-up by the federal government through Fannie Mae, Freddie Mac, or the FHA. The president and the governor have the authority and responsibility to declare such a moratorium by executive order. Join the struggle to demand a TWO YEAR MORATORIUM ON FORECLOSURES AND EVICTIONS to save our communities and defend our human right to decent affordable housing.

SIGN THE PETITION:
DEMAND A TWO-YEAR NATIONAL MORATORIUMON FORECLOSURES AND EVICTIONS NOW!
Stop the “Silent Bailout” to the Banks!

Send online messages demanding that President Obama, Treasury Secretary Geithner, Housing and Urban Development Secretary Donovan, members of the House and Senate Banking and Finance Committees, the Joint Economic Committee, Congressional leaders, your own Congressional delegation, the Governor of your state, and media representatives! petition

FIGHT FOR A PROGRAM THAT PUTS PEOPLE BEFORE PROFITS AND WAR!

MORATORIUM ON FORECLOSURES & EVICTIONS
STOP THE “SILENT BAILOUT” TO THE BANKS

Today the vast majority of home loans are backed up the federal government through Fannie Mae, Freddie Mac, FHA or the Veterans Administration. This means when your home is foreclosed, the government pays off the bank for the full value of the inflated loan, evicts you from your home, and then sells off your home to some investor for peanuts. The difference between what the government reimburses the banks for your mortgage and the price the home sells for is paid by the taxpayers.
This silent bailout of the banks, which occurs with virtually every foreclosure, amounts to $400 billion for Fannie Mae- and Freddie Mac-backed loans, and hundreds of billions more on FHA properties.
Instead of the government evicting us from our homes, the government at both the federal and state level should declare a Moratorium on Foreclosures and evictions, just like the foreclosure moratoriums that were enacted by 25 states during the 1930s. Instead of the government bailing out the banks by paying off overvalued loans, they should allow people to stay in their homes with affordable payments based on the real value of the property.
And the criminal shut-offs of power by DTE and the Water Board must be halted so people can survive this economic crisis.

MONEY FOR JOBS, NOT FOR WAR
FOR A MASSIVE PUBLIC JOBS PROGRAM

The Pentagon war budget is over $700 billion a year, and that doesn’t even include the tens of billions of dollars a year spent on the wars in Iraq and Afghanistan and supporting Israeli apartheid. It’s time to end U.S. wars and military occupations abroad. The vast sums spent on war should be used instead for a massive jobs program modeled on the Works Progress Administration of the 1930s, and to provide free and universal health care for all. A “jobless recovery” violates the Full Employment Act enacted in 1946 and reaffirmed in 1978, which mandates that the government has a duty to insure jobs for all.

END PRIVATIZATION, WAGE CUTS AND SCHOOL CLOSINGS
STOP DEBT SERVICE AND INTEREST PAYMENTS TO THE BANKS
THAT ARE ROBBING CITY BUDGETS

While services are slashed, city workers are being laid off and forced to accept draconian wage and benefit cuts and schools are shut down and class sizes increased, the same banks that have destroyed our neighborhoods have asserted direct control over and are robbing the public budgets.
This year alone, the City of Detroit will pay over $220 billion in debt service to the banks. Casino tax revenues are handed directly over to U.S. Bank. The banks have first lien on state revenue sharing dollars. 71% of state aid to the schools, amounting to $438.2 million this year, goes to the banks instead of being used to educate our youth. The banks’ grab on school operating funds is slated to go up to $523.8 million in 2011.
In the 1930s Detroit Mayor Frank Murphy led a national movement for a Moratorium on the cities’ debts to the banks. We need a Moratorium on debt service today to stop the banks’ robbery of Detroit and every U.S. city.

END RACISM & BIGOTRY – STOP POLICE BRUTALITY
FULL RIGHTS FOR IMMIGRANTS – NO WORKER IS ILLEGAL

Stop police brutality. End the stepped up-raids by ICE (Immigration and Customs Enforcement), the increase in hate crimes against women and lesbian/gay/bisexual/transgender people, and lack of rights and accessibility for people with disabilities. These ills are meant to intimidate and divide the working class to prevent the kind of unified struggle needed against the banks and bosses. We reject the idea that any worker is illegal and demand full rights for immigrant workers including the undocumented.

STOP ENVIRONMENTAL DESTRUCTION
FOR A PEOPLE’S TAKEOVER OF THE OIL COMPANIES

The BP catastrophe in the Gulf and the oil pipeline disaster in Michigan point out the need for a people’s takeover of the oil companies and energy monopolies to stop their destruction of the environment in their drive to maintain their obscene profits. Oil and all resources belong to the people and should be controlled by the people to provide safe energy for all.

STOP UNION BUSTING – PASS THE EMPLOYEE FREE CHOICE ACT

While corporate profits increase, wages continue to decline during this “jobless recovery.” We need to reinvigorate the union movement to guarantee jobs at living wages for all.

http://s355160796.onlinehome.us
http://www.networkedblogs.com/blog/black_literary_marketplace_expo_808394?


THE FIX IS IN …MBS take over

MI Supreme Court Errors —Reverses law MERS allowed to foreclose

Poor compliance with the claims rules effectively deflects creditors’ obligations onto cash-strapped, bankrupt families, who must choose between the costs of filing an objection or the risks of overpayment. Deficiencies in the claims process can permit unmeritorious or excessive claims to dilute the participation of legitimate creditors.

The fix is in‏
10:15 AM
Sent: Sun 11/20/11 10:15 AM
To: Charles Cox (charles@bayliving.com)

Hotmail Active View1 attachment (870.6 KB)

MBS OWC t…pdf
Download(854.9 KB)
Download as zip
Not unexpected.

From Brian Longley…

Charles
Charles Wayne Cox – Oregon State Director for the National Homeowners Cooperative
Email: mailto:Charles@BayLiving.com
Websites: http://www.NHCwest.com; http://www.BayLiving.com; and http://www.ForensicLoanAnalyst.com
P.O. Box 3065
Central Point, OR 97502
(541) 727-2240 direct
(541) 610-1931 eFax

MERScurse Protect America’s Dream

The LEGAL Group PRO-NETWORK

JOIN NHC, IT’S FREE

Paralegal; CA Licensed Real Estate Broker; Certified Forensic Loan Analyst. Litigation Support; Mortgage and Real Estate Expert Witness Services.
________________________________________________________________________
DISCLOSURE: I AM NOT AN ATTORNEY AND NOTHING IN THIS EMAIL SHALL BE CONSIDERED OR CONSTRUED AS LEGAL ADVICE. I am a California Business and Professions Code § 6450 qualified paralegal and only work as a paralegal when employed by an attorney or law firm. I am also a licensed California Real Estate Broker #01217620. My license expires 10/09/2013. As a real estate broker, I am qualified to advise on real estate but I do not offer legal advice. If you have any questions concerning the legal sufficiency, legal effect, insurance, or tax consequences regarding any real estate or other matter, consult with your attorney, accountant, insurance agent, tax or other appropriate professional.

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of, and the original message. Thank you.

From: Brian Longley [mailto:brian@zotzdigital.com]
Sent: Saturday, November 19, 2011 9:14 PM
To: Charles Cox; William or Mary Cochrane; nancie@realtimecrm.com
Subject: the fix is in