HAWAII PRO SE PLAINTIFFS BEAT BONY’S MOTION TO DISMISS!

BONY MOTION DENIEDIn a Second Amended Verified Complaint filed against the Bank of New York Mellon (“BONY”), fka The Bank of New York and U.S. BANK NATIONAL ASSOCIATION, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006~WMC2 to Quiet Title, Hawaii Pro Se Plaintiffs Melvin Keakaku Amina and Donna Mae Amina won a big round #1 admirably defeating Defendant BONY’s Motion for Summary Judgment. The case, CIVIL NO. 11-00714 JMS/BMK, was originally filed on November 28, 2011 in Hawaii U.S. District Court and heard by the Honorable Judge J. Michael Seabright.

Judge Seabright, a former prosecutor, determined in his Order of April 3,2013 that a letter provided as supporting evidence by BONY asserting that “[y]our loan was sold to a public security managed by The Bank of New York and may include a number of investors. As the servicer of your no-factsloan, Chase is authorized to handle any related concerns on their behalf” did not establish that Plaintiffs’ mortgage loan was sold into a public security, much less a public security managed by BONY and for which U.S. Bank is the trustee. Nor does the PSA establish that it governs Plaintiffs’ mortgage loans. As a result, Defendants have failed to carry their initial burden on summary judgment of showing that there is no genuine issue of material fact that Defendants may foreclose on the subject property.” See [PDF Order], pages 8-9. 

Plaintiffs Amina succinctly made points in their claims for Quiet Title:

Plaintiffs seek a quieting of title against the parties which, upon information and belief, are not Owner and holder of any Note encumbering the Homestead. At all times relevant to this Complaint, MERS’ permission to do business in Hawaii is “suspended.” WMC has not filed an Annual Report in Hawaii since 1997 and has not been in good standing in Hawaii since 1998. WMC is no longer in business and there has been no assignment in the county property record, thus the principal is unknown or nonexistent. CHASE HOME FINANCE LLC which not registered to do business in Hawaii, has served an “Acceleration Warning (Notice of Intent to Foreclose). It is unknown how Chase came on the scene. There was an exorbitant payoff penalty of 6 months of payments. The servicer (CHASE HOME FINANCE LLC / CHASE HOME FINANCE. INC.) has refused loan modification.  See Complaintpage 2.

“GENUINE ISSUE OF MATERIAL FACT”

gotcha jeffreyOf course, BONY responded with a Motion for Summary Judgment and Plaintiff Amina responded with a well written and detailed Opposition to Defendants’ Summary Judgment. It even included an excellent “gotcha” on the Defendant BONY’s attorney, Jeffrey H.K. Sia, that appears to “out” ol’ Jeffrey for a slick legal trick. Way to go Pro Se…just another reason to file “Verified” Complaints:

“The Declaration of Jeffrey H. K. Sia states that the declarant has “personal knowledge of the information and matters set forth within this Declaration” but fails to state how that personal knowledge was obtained, thus fails to “show” personal knowledge. The custodian of the records is never identified. There is no evidence of when or how the records were created. There is no evidence of regular business practices. The Exhibits are not attached to the Declaration but instead are attached to the [68] Defs SCSF (according to the Sia Declaration paragraphs 3 through 15), thus the perjury clause can have no effect since, if any statement about the Exhibits turns out to be false, the declarant can merely say that he was referring to some other document and exhibits, not the one that got filed. In fact it is not even clear that the Exhibits were attached to Defs’ SCSF, as they all have separate docket numbers [68-2] through [68-14]. Mr. Sia’s swom statements about the Exhibits thus have the status of argument, not the status of admissible evidence. “Statements of counsel in their briefs or argument while enlightening to the Court are not sufficient for purposes of granting a motion to dismiss or summary judgment.” (Trinsey v. Pagliaro, D.C.Pa. 1964,229 F.Supp. 647).” See Plaintiffs’ Opposition, pages 3-4.

LEGAL HAZARDAs you read the Opposition you begin to realize the tricks and hazards opposing counsels will throw in the path of Pro Ses. They do this to attorneys too – and some are just not bright enough to catch the fast balls. Even when you realize you have to read and respond to every little twist you can still be out maneuvered.

This was a real victory for Pro Se and mandatory reading for each and every homeowner facing foreclosure and especially for those thinking about going in Pro Se.

Judge Michael SeabrightIt has to be said that having an intelligent, ethical and astute judge is essential. Judge Seabright is the pillar of our entire Hawaii federal court justice system.

He is especially knowledgeable about this area of the law as his prosecutorial skills allow him to hone in on the corruption as well as the truths, he is willing to undertake in-depth legal research, and is able to write decisions that are clear and cogent. …And this is what it takes in these fraudclosure cases.

Honorable Judge J. Michael Seabright – Thank you. Mahalo!
This is why he gets the “Gets It” award:

History of Appointment

http://archives.starbulletin.com/2005/04/28/news/story5.html

An assistant U.S. attorney who prosecuted several high-profile white-collar criminal cases here is on his way to becoming Hawaii’s fourth full-time federal judge.  Michael Seabright: As an assistant U.S. attorney, he put three isle politicians behind bars.

The U.S. Senate voted 98-0 yesterday to confirm J. Michael Seabright as a U.S. district judge for the District of Hawaii. ”I’m very honored to have received that vote,” said Seabright, 46, an assistant U.S. attorney since 1990 and head of the white-collar crime section since 2002.

See also The Securitization Curtain is Lifting in Hawaii!

Image of the Honorable John Michael Seabright from http://www.grainnet.com/articles/usda_cited_by_federal_judge_for_permitting_violations_in_hawaii-36404.html

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Whether or not you are represented by an attorney understanding the legal system is an asset.  The more you learn, the less likely you are to be taken advantage of or scammed.  Knowledge is power!

 

11 thoughts on “HAWAII PRO SE PLAINTIFFS BEAT BONY’S MOTION TO DISMISS!

  1. kUDOS TO THESE TWO They are fortunate and educated, it is quite an accomplishment to win as a Pro SE. The are also fortunate to have a good judge that has ruled by the rule of law in the past on FDCPA cases and not by bankster law. To get a good judge that rules by fairness which is the rule of law is all we ask for, is a crap shoot in the court rooms. Kudos to the HONORABLE JUDGE SEABRIGHT ALSO. I have seen honorable rulings by him before. May freedom ring!.

  2. The people are battling the judges and the politicians so to see a fair judge and a good pro se is great!
    Look at what our Washington state politicians are doing!

    HERE ARE TWO LOCAL COLLEGE TV SHOWS I AND JANET DID THAT CAN BE EXPOSED. AND TWO VIDEOS OF A SENATOR STATING THE LENDERS DO NOT KNOW WHO OWNS THE LOANS AND A VIDEO OF AN ATTORNEY FOR THE WA TITLE ASSOCIATION STATING IF YOU EXPECT TO RECONVEY WITH AUTHENTIC NOTES YOU WILL NEVER BE ABLE TO SELL YOUR PROPERTY EVER! AND FLAT OUT LYING HE WANTS THE BILL 1435 PASSED TO SELL ALL PROPERTY INCLUDING STOLEN PROPERTY WITHOUT AUTHENTIC NOTES AND REAL PARTIES OF INTEREST.

    http://www.banking.senate.gov/public/index.cfm?FuseAction=Hearings.LiveStream&hearing_id=a52e1199-bc18-4a54-bbd5-159cc53ab44f

    Two TV Schedule & New show on Mortgage/Foreclosure/Janet Reiner and Shelley Erickson and Steve. dont know his last name. TV shows Janet and I did on the gaming of the passing of bill 1435 by people with no integrity.

    http://seattlecommunitymedia.org/node/231042
    TV Schedule & New show on Mortgage/Foreclosure

    http://seattlecommunitymedia.org/series/mortgage-investigative-research-services-tv/episode/mirstvjanet-reiner-mirsnow-mortgagees-nig
    The American people are still under the seizure of piracy! AIDED AND ABETTED BY OUR SENATORS AND BAD JUDGES.

    HOMEOWNERS ARE HELD HOSTAGE BY PIRATE CREW MEMBERS CALLED JUDGES! VERY BAD BAD JUDGES! It is a crap shoot wither you get a good judge that goes by the rule of law or a bad judge that goes by the rule of bank MERS law. Most judges are blocking the rule of law and dismissing SOUND cases and are holding the people hostage to this horrific theft. In many states politicians are bringing bad bank bills to the senate, like Washington State bill 1435 which will enable the thieving pirates to sell our stolen houses, if it is passed. In the video below you will see Washington Senator Steve Hobbs, Don Benton and Roger Goodman. Roger Goodman telling the senate the lenders “do not” know who the lenders are! Yet bragging about an awesome bill 1435 to pass to skirt around the authentic notes.

    BILL SB 1435 l

    KABOOM!!! Three videos below evidence SENATOR GOODMAN STATING THE LENDERS DONT KNOW WHO OWNS THE LOANS AND THE TITLE ASSOCIATION ATTORNEY STATING IF YOU EXPECT TO CLOSE ON A SALE OF A HOUSE WITH NOTES AND THE PARTIES OF INTEREST AND PROPER DOCS YOU WILL NEVER BE ABLE TO SELL YOUR HOUSE EVER, Obviously this bill effects all house/property sales not just the ones he claims but all sales of all houses including the stolen houses, and they are all stolen if the lenders don’t know who owns the loans and have no authentic notes of proof to reconvey. Former Bank of America employee Senator Mark Mullet gives the motion to “do pass” SHB 1435 to the Rules committee

    Senator Mark Mullet, the new member of the Financial Institutions, Housing & Insurance Committee, moved SHB 1435 to a do pass (to the Rules committee). Mark just happens to be a Bank of America alumni. “Mark was a Managing Director at Bank of America, serving as the Global Head of Foreign Currency Options Trading. This made him responsible for a business spread across three different continents.” http://en.wikipedia.org/wiki/Mark_Mullet

    Here is a video of the Executive session passing along SHB 1435. Every member present gives a hearty “I” to pass along. http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2013031129#start=3142&stop=3197; ……http://www.youtube.com/watch?feature=player_embedded&v=JMf_KwQ2Xlk#!

    NOTICE THEY ARE CHUCKLING THAT THEIR ARE NO CONS TESTIFING AGAINST THIS BILL! AT THE FIRST MEETING ON THIS BILL I, SHELLEY ERICKSON AND THE GROUP OF US THAT SHOWED UP FOR THE SECOND MEETING WERE EMAILED BY SENATOR ROGER GOODMAN AND TOLD NOT TO SHOW UP TO TESTIFY AGAINST BILL 1435, DUE TO IT WAS POORLY WRITTEN AND WAS BEING PULLED AND NOT VOTED ON. http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2013021143#start=6475&stop=106
    Here is a link that begins with Stuart Halsan’s testimony AT THE SECOND SENATE MEETING; Where I was interrupted while testifying the banks are not trustworthy and the bill was not awesome. Senator Steve Hobbs did not want me to testify the evidence of the banks not being trust worthy. Evidencing the Wall Street and the Financial Crisis: Anatomy of a Financial Collaspe and the latest senate report on Chase and Jamie Diamond pdfhttp://msfraud.org/LAW/Legislative/Examining-the-consequences-of-mortgage-irregularities_11-10_.pdf

    click onto this for the report:
    The 2008 Crisis was Avoidable

    http://newsandinsight.thomsonreuters.com/uploadedFiles/Reuters_Content/2013/03_-_March/jpmorgan–senatereport.pdf EVIDENCING THE MODAL OF BANKS CHASE AND ITS TOP CEO ARE A CORRUPT ENTITY WITH A LIEING CEO… THE banking association had testified people of integrity had spent three years attempting to pass bill 1435, claiming the banking association and title association and trustees association were people of integrity, however when I attempted to testified these associations were associated with crimials, my testimony was interrupted. As you will see on the video of the second senate meeting below.

    http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2013031076#start=4699
    The second video you will see the attorney for the title association admit there are no notes. He admits the problem lies in the securities pools. He admits if you expect to sell a house by reconvayence with an authentic note You will never be able sell your house. Pushing this BS bill is necessary to close and sale every home due to no, zero, nada, homes well be closed and sold without this BS SB bill 1435. A bill to enable the sale OF STOLEN HOMES. ABSOLUTE ADMISSION OF THE LENDERS DO NOT KNOW WHO OWNS THE LOANS AND ADMISSION THERE ARE NOT NOTE. NOT EVEN THE SENATORS WILL BE ABLE TO SELL THEIR HOMES EVER. http://seattlecommunitymedia.org/node/231042
    TV Schedule & New show on Mortgage/Foreclosure
    http://seattlecommunitymedia.org/series/mortgage-investigative-research-services-tv/episode/mirstvjanet-reiner-mirsnow-mortgagees-nig

  3. Greedy international banker types get away with financial terrorism because the insolvent US Government is their official enabler. Bribing Congress is now legal thanks to the Citizens United Case. I mean, how is it a man on Obama’s government income was able to buy a 40 million dollar mansion in Hawaii the other day?

    http://www.freerepublic.com/focus/f-chat/2952709/posts

    Specifically, the insolvent US Government is in partnership with these Banking terrorist. The US government gives National Banks a monopoly on the creation of phony US dollars. Without a corrupt government, there would be neither a parasitic Federal Reserve nor predatory lenders. The government puts in legal tender laws and FORCES us to accept this counterfeit paper.

    In return, the insolvent government gets to borrow as much money as they want – Once flush with cash, the Federal Government can do anything it wishes, (such as war with 74 countries)!

    http://www.4thmedia.org/2013/05/12/u-s-currently-fighting-74-different-wars-that-it-will-publicly-admit/

    Roughly 85% of all new businesses fail, and 10% of all U.S. businesses fail every year. But the National Banks and Federal Reserve need only to counterfeit money.

    U.S. middle class has been declining since around 1971 when we came completely off the gold standard. Even Bernanke admitted that the middle class has been on the decline for about 35 years the other day in front of congress

    When these bankers trade their nothing (printed money) for your productivity they hurt the productive class.

    Free trade is not about reducing regulation to zero. It is about allowing markets to be regulated by consumers. Consumers would always be much harder on bad business practices than the insolvent government. The consumer market tried to punish the bad behavior leading up to the financial crisis, but a corporate-fascist government stepped in and protected them (bailed them out with 26 trillion). Bankruptcy would have flushed out the bad actors and turned the job over to competent folks.
    If we only allow the market to clear the bad actors it will every time.

    Bailout was 26 trillion: http://www.youtube.com/watch?v=bP362CWj2fo&feature=share

    Today we are starting to resemble a third world police state as the federal reserve systems manipulate interest rates (causes malinvestment = stupid bets, high chance of bankruptcy because of high debt when stupid bets fail), and government bailouts (causes mailinvestment and debt increases = stupid bets from lack of any real downside, and more govt debt, which causes prices to rise).

    Bankers, the real terrorist, have committed over 1.5 Quadrillion in fraud via CDO’s AND have been bailed out to the tune of 26 Trillion!

    The banks, upon foreclosure, are paid off by insurance companies the value of your home, DOZENS OF TIMES OVER! This is what the CDO is; and why modification is a scam! The USA will be paying this for generations to come! The estimate is over 1.5 Quadrillion in fraud! And yet your government has paid them an additional 26 Trillion on top!

    • We are obviously in a bank owned government controlled by organized crime of the worst kind. They need the people we don’t need them. For the average person to recognize the deceit and greed, it obviously takes massive crimes like stolen homes and homeless for them to kick into gear and disable the banks. History repeats itself and the people have always come through They will this time. The greedy are the few The people are the many. Remember the movie a Bugs Life? People will take just so much then it will not be tolerated anymore. People have seen both sides of the isle are corrupt is why the tea party. The masses are awakening.The criminals will be voted out of office and in the streets soon.

  4. The judges are holding the lawyers and homeowner hostage to the banks. http://stopforeclosurefraud.com/2013/05/29/guilford-lawsuit-on-mortgage-robo-signing-dismissed/comment-page-1/#comment-80167
    Well Well as Neil Garfield said state the banks have not filed a claim upon which relief can be granted. File back at the banks. They seem to be able to use this to our detriment and we need to use it to their detriment. Lack of standing if no proof The banks need to prove they have standing and they dont. Not an attorney just seeing it appears Neils claim is important in our cases. Motions for Affirmation of Proof of Authority to Represent as well. Put their crooked attorneys on the line and the debt collectors as well. They don’t have the proof and can not prove a debt due to they destroyed the notes for their own con games.

  5. Our senators are busy making bad law and gaming the public. This has to be exposed as well.
    :HERE ARE TWO LOCAL COLLEGE TV SHOWS IN WASHINGTON STATE, JANET DID THAT TO EXPOSED.SENATORS AND BANKSTERS WITH A SENATOR STATING THE LENDERS DO NOT KNOW WHO OWNS THE LOANS AND A VIDEO OF AN ATTORNEY FOR THE WA TITLE ASSOCIATION STATING IF YOU EXPECT TO RECONVEY WITH AUTHENTIC NOTES [TO THE SENATORS] YOU WILL NEVER BEABLE TO SELL YOUR HOUSES.

    Two TV Schedule & New show on Mortgage/Foreclosure/Janet Reiner and Shelley Erickson and Steve. dont know his last name. TV shows Janet and I did on the gaming of the passing of bill 1435 by people with no integrity.

    http://seattlecommunitymedia.org/node/231042
    TV Schedule & New show on Mortgage/Foreclosure

    http://seattlecommunitymedia.org/series/mortgage-investigative-research-services-tv/episode/mirstvjanet-reiner-mirsnow-mortgagees-nig
    The American people are still under the seizure of piracy! AIDED AND ABETTED BY OUR SENATORS AND BAD JUDGES. It was ok for the senators to claim the banksters have integrity but when I presented the two US Senate Reports evidencing they are criminal entities I was cut off by senator Hobbs.

    HOMEOWNERS ARE HELD HOSTAGE BY PIRATE CALLED JUDGES! VERY BAD BAD JUDGES! It is a crap shoot wither you get a good judge that goes by the rule of law or a bad judge that goes by the rule of bank MERS law. Most judges are blocking the rule of law and dismissing SOUND cases and are holding the people hostage to this horrific theft. In many states politicians are bringing bad bank bills to the senate, like Washington State bill 1435 which will enable the thieving pirates to sell our stolen houses, if it is passed. In the video below you will see Washington Senator Steve Hobbs, Don Benton and Roger Goodman. Roger Goodman telling the senate the lenders “do not” know who the lenders are! Yet bragging about an awesome bill 1435 to pass to skirt around the authentic notes.

    BILL SB 1435 l
    ! Three videos below evidence SENATOR GOODMAN STATING THE LENDERS DONT KNOW WHO OWNS THE LOANS AND THE TITLE ASSOCIATION ATTORNEY STATING IF YOU EXPECT TO CLOSE ON A SALE OF A HOUSE WITH NOTES AND THE PARTIES OF INTEREST AND PROPER DOCS YOU WILL NEVER BE ABLE TO SELL YOUR HOUSE EVER, Obviously this bill effects all house/property sales not just the ones he claims but all sales of all houses including the stolen houses, and they are all stolen if the lenders don’t know who owns the loans and have no authentic notes of proof to reconvey. Former Bank of America employee Senator Mark Mullet gives the motion to “do pass” SHB 1435 to the Rules committee

    Senator Mark Mullet, the new member of the Financial Institutions, Housing & Insurance Committee, moved SHB 1435 to a do pass (to the Rules committee). Mark just happens to be a Bank of America alumni. “Mark was a Managing Director at Bank of America, serving as the Global Head of Foreign Currency Options Trading. This made him responsible for a business spread across three different continents.” http://en.wikipedia.org/wiki/Mark_Mullet

    Here is a video of the Executive session passing along SHB 1435. Every member present gives a hearty “I” to pass along. http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2013031129#start=3142&stop=3197; ……http://www.youtube.com/watch?feature=player_embedded&v=JMf_KwQ2Xlk#!

    NOTICE THEY ARE CHUCKLING THAT THEIR ARE NO CONS TESTIFING AGAINST THIS BILL! AT THE FIRST MEETING ON THIS BILL I, SHELLEY ERICKSON AND THE GROUP OF US THAT SHOWED UP FOR THE SECOND MEETING WERE EMAILED BY SENATOR ROGER GOODMAN AND TOLD NOT TO SHOW UP TO TESTIFY AGAINST BILL 1435, DUE TO IT WAS POORLY WRITTEN AND WAS BEING PULLED AND NOT VOTED ON. http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2013021143#start=6475&stop=106
    Here is a link that begins with Stuart Halsan’s testimony AT THE SECOND SENATE MEETING; Where I was interrupted while testifying the banks are not trustworthy and the bill was not awesome. Senator Steve Hobbs did not want me to testify the evidence of the banks not being trust worthy. Evidencing the Wall Street and the Financial Crisis: Anatomy of a Financial Collaspe and the latest senate report on Chase and Jamie Diamond pdfhttp://msfraud.org/LAW/Legislative/Examining-the-consequences-of-mortgage-irregularities_11-10_.pdf

    click onto this for the report:
    The 2008 Crisis was Avoidable

    http://newsandinsight.thomsonreuters.com/uploadedFiles/Reuters_Content/2013/03_-_March/jpmorgan–senatereport.pdf EVIDENCING THE MODAL OF BANKS CHASE AND ITS TOP CEO ARE A CORRUPT ENTITY WITH A LIEING CEO… THE banking association had testified people of integrity had spent three years attempting to pass bill 1435, claiming the banking association and title association and trustees association were people of integrity, however when I attempted to testified these associations were associated with crimials, my testimony was interrupted. As you will see on the video of the second senate meeting below.

    http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2013031076#start=4699
    The second video you will see the attorney for the title association admit there are no notes. He admits the problem lies in the securities pools. He admits if you expect to sell a house by reconvayence with an authentic note You will never be able sell your house. Pushing this BS bill is necessary to close and sale every home due to no, zero, nada, homes well be closed and sold without this BS SB bill 1435. A bill to enable the sale OF STOLEN HOMES. ABSOLUTE ADMISSION OF THE LENDERS DO NOT KNOW WHO OWNS THE LOANS AND ADMISSION THERE ARE NOT NOTE. NOT EVEN THE SENATORS WILL BE ABLE TO SELL THEIR HOMES EVER. http://seattlecommunitymedia.org/node/231042
    TV Schedule & New show on Mortgage/Foreclosure
    http://seattlecommunitymedia.org/series/mortgage-investigative-research-services-tv/episode/mirstvjanet-reiner-mirsnow-mortgagees-nig

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