HAWAII SENATE CONCURRENT RESOLUTION S.C.R. NO. 39 – NEEDS YOUR SUPPORT AND TESTIMONY BEFORE MARCH 13, 2012 at 10:15 A.M.
In an effort to get the Hawaii Attorney General’s focus on the fraudulent documents filed in the Hawaii Bureau of Conveyances, the Hawaii Senate drafted a Concurrent Resolution in cooperation with the House Representatives:
These fraudulent documents were filed by primarily local attorneys for mainland banks, pretender lenders and [empty] Wall Street securitized trusts that allegedly held mortgage loans – most of which were never transferred timely to the New York and Delaware mortgage loan trusts. Confidence Game Producer Nick Verbitsky provided another compelling film clip that leads us into the thick of the fraud.
Confidence Game is an in-depth look into the last days of the failing Wall Street giant that was taken down by it’s internal corruption and greed. “Bear Stearns was proving that crime did pay in the subprime mortgage markets.” Even to the point of selling loans they could not service in states where registration was required by code that they failed to procure.
Bear Stearns management worked hard to cover-up the unlawful oversights and hid the scandal from regulators. For example, Bear Stearns quietly pulled West Virginia loans from their trusts after violating W.Va laws and replaced them with similar documents apparently without disclosure to the state, borrowers or investors. Many states have the same or similar codes and regulations as W.Va. and should be looking for various assignments by Bear Stearns and other Wall Street investment firms in their recordation departments. Better to know now, before the state is involved in some class action.
Here is another clip from Confidence Game.
Please be patient it takes a few minutes to upload – but its worth it!
This isn’t just about robo-signing anymore. The Hawaii SENATE CONCURRENT RESOLUTION S.C.R. NO. 39 couldn’t have come at a more opportune time. When you realize that Bear Stearns was just the tip of the iceberg and that ALL the banks played the same corrupt games, you begin to realize how America has been fleeced, driven to disaster and financial ruin by criminals. The Resolution needs your support and testimony ASAP. Here are a few clauses in the Resolution and, if you agree, please let the Legislature know what this means to you. To submit your testimony click HERE.
“WHEREAS, it appears many loan transfers, assignments of mortgage, and quitclaim deeds may have been fraudulent and their filing statuses inaccurate due to illegal loan transfers and lack of recordation at the state level; and
WHEREAS, fraudulent documents filed by lenders and the failure to follow securities procedures have clouded property title in Hawaii and damaged borrowers and subsequent purchasers; and
WHEREAS, nonjudicial foreclosures do not allow homeowners the opportunity to challenge these fraudulent loan documents;
BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the House of Representatives concurring, that the Attorney General of the State of Hawaii is directed to investigate instances where homeowners allege fraudulent mortgage documents, assignments of mortgage, or title transfers, and to take action so that any financial settlement reached with mortgage servicers appropriately compensates for, and accurately reflects, the extent of the negative impact on all the victims of the fraud, including homeowners and the State; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Attorney General, and Director of Commerce and Consumer Affairs.”
Unfortunately, it appears Hana, Maui, Hawaii District Court Judge Barclay MacDonald must not have read the Hawaii Senate and House Resolution S.C.R. 39 yet… as on Tuesday, Judge MacDonald DENIED a homeowner’s Rule 60(b) motion which was based on a certified FRAUD forensics report of a fraudulent Wells Fargo Assignment of Mortgage – a VOID document… not voidable, but VOID!
Judge MacDonald remarked that he saw “recorded” documents in the Hawaii Bureau of Conveyances – as if to say, because they are recorded they are accurate. Hogwash, Judge!
Anyone can file anything they want in the Bureau of Conveyances, “we have to file everything that is presented,” said Hawaii State Senator Kalani English, “it is not the responsibility of the Bureau to check it for accuracy in the regular system.” Senator English is related to the Phillips-Tehiva family who have owned the fraudulently foreclosed property noted in the certified report for well-over 100 years. Maybe now with the Resolution the Senate will put enough pressure on Governor Abercrombie and the Attorney General to investigate these phoney documents and pull them out of the state files.
As if reading from a script, Judge MacDonald said he was not finding “standing” for the Tehiva family (homeowner) to make a claim against the Assignment. It also appears Judge MacDonald hasn’t read Nicolls Pointing Coulson, Ltd. v. Transportation Underwriters…, 777 F.Supp. 493 (LA,1991), which is quoted in Livonia Property Holdings, L.L.C. v. 12840-12976..., 717 F.Supp.2d 724 (MI 2010) that has become the “borrower defeatist, bank friendly” judge favorite case to quote, remarked an attorney in observance.
Nicolls cites, “It is true that a debtor cannot challenge an assignment of a debt by a creditor unless he can show he is prejudiced by the assignment. Keith v. Comco Insurance Co., 574 So.2d 1270, 1276 (La.App. 2 Cir.),” as quoted in Nicolls and continues: …“[i]n the transfer of credits, rights or claims to a third person, the delivery takes place between the transferrer and the transferee by the giving of the title.” …“Title” to a right is the equivalent of complete ownership of the right, and under Louisiana law a party with perfect ownership of a thing is one with the right to use, enjoy and dispose of the thing as he sees fit.”
It would appear in Nicolls that a fraudulent, VOID Assignment, whether “recorded” or not would have a prejudicial impact on the homeowner whose Title and ejectment are based on a non-judicial foreclosure based on the use of fraudulent, VOID AND robo-signed documents.
Lord knows, if we filed an Assignment of Mortgage from MERS to ourselves on the Judge’s property (yes, he has a MERS mortgage) – he might take a different position…a rather dim view of such an illegality – but under Judge MacDonald’s analogy, he would not have standing to object.
Hawaii, Michigan and Louisiana are all mortgage lien states, therefore, there are UCC Articles 3, 8 & 9 issues to understand and none of this law was applied in the Tehiva decision… just the fact that there was a “recorded” Assignment of Mortgage in the state Bureau of Conveyances.
Clearly these issues of mortgage securitization and fraudulent assignments are well above the average IQ and are highly specialized issues. A lot of lower court judges are former attorneys that were practicing general law, are overloaded with cases, lack sufficient staff, and have zero time and energy to read and research this convoluted subject. Many, like Judge MacDonald at 67, are nearing retirement and it’s no surprise that they are worried about their own pension funds that might disappear if they’re rulings cause the banks in any way to go under.
Sadly, the truth is that their pension funds are in reality all but gone anyway in the $600 Trillion debt created by the morally corrupt and psychotic Wall Street greed. It would be better to make good law and write a best selling novel or documentary. Certainly, you’d sleep better at night.
So, now it is more important than ever to support the SENATE CONCURRENT RESOLUTION S.C.R. NO. 39. You can add your testimony online HERE.
Do it PLEASE before March 13, 2012 at 10:15 a.m.
Mahalo Senators TSUTSUI, BAKER, ENGLISH, ESPERO, FUKUNAGA, GALUTERIA, IGE, KIM, TANIGUCHI, Dela Cruz, Green, Ihara, Ryan, Wakai. We thank each and every one of you for your courage and integrity. And for the concurring House Representatives.
Mahalo for your kokua.
Mahalo to Marcy for pushing this Resolution into the light. Please let the Senators and House Reps know you appreciate their efforts.