The Moral Decay and Degradation to the American Society Stemming From the Foreclosure Judiciary

Judicial ActivismIt’s just an observation, but it certainly appears that foreclosure judges have been given orders to squash homeowners like a bug at the lower court level and if they can afford to appeal – maybe, just maybe, they might get some fair and balanced justice. The process so far has been highly unbalanced. Whether foreclosure judges are just not competent enough to understand the securitization, rehypothecation and securities scheme, or whether they’ve been told by higher-ups that if they don’t rule against homeowners all their pensions will be lost or the economy will crash – it’s just a bizarre and pathetic state of mind.

Maybe these judges have been threatened by the cabal mob and their cushy jobs are on the line. Or, are these judges trying to force the states into auditing the land records and removing the fraudulent documents?

corruption_347102_7Whatever the reason for these morally corrupt decisions – these judges should either recuse themselves or step down from the bench entirely because they are cementing the foundation of moral degradation created by the American banking system that could trigger and likely will, collapse our society.

Millions of foreclosed homeowners have held forged documents in their hands standing before a foreclosure judge simply because they were told by the servicer to stop paying on their mortgage in order to get a modification, which actually was never intended to happen. The entire purpose was intended to throw millions of homeowners into default. These homeowners – some with their attorneys (many more without) – have stood before hundreds of judges who ignore the forgery and the fraud! These judges turn a blind eye to the fact that the alleged note is merely a photocopy, not the original, with a blank endorsement by a robo-signing scumbag.

lie-truth-375x250Isn’t it worse to condone corruption and crime? What does this say to millions of American homeowners, their families, neighbors and friends? The message is that “it’s alright to forge documents,” “it’s okay to lie to the court” – there is no more judicial integrity.

Now, this isn’t the same in every courtroom because in New York the judges are smart enough to see the fraud and they are familiar with white collar crimes – so they slam these banks pretty hard. New York judges, for example, instituted the Attorney Affirmation along with a Plaintiff Affirmation, as they knew what a lying bunch of thieves these guys really are.

In complete opposite, Hawaii – whose legislature also instituted an Attorney Affirmation, recently had one judge say, when he was confronted with a request for the bank attorneys to file a perfected Attorney Affirmation as defined in HRS § 667-17,

“I mean, honestly, this is a good effort,
but — maybe it’s not a hundred percent in
compliance, but it’s there. It’s there. This isn’t
about the lawyers.

what-are-you-crazyWhat in the world do you mean – “it’s not a hundred percent in compliance…” Somebody call Supreme Court Justice Scalia, please!

Are we only supposed to comply with 10%, 25%, 30% of the law?! Is that crazy or just plain calculated incompetence? And then to say, “This isn’t about the lawyers.” Who are you kidding, your honor?!  If the bank “lawyers” aren’t supposed to be verifying the paperwork cluttered with robo-signers and fraudulent incomplete endorsement stamps – then what did the state legislature waste our tax dollars and time in crafting protective legislation for???

This is what makes society come totally unglued. These fraudulent documents are filed in federal bankruptcy courts attached to fraudulent claims, in state courts and in the United States Federal District Courts. There are numerous statutes that make it a crime to file false documents – so, don’t close your eyes to the crimes!

National_Mortgage_Settlement_LogoJust for the record – the National Mortgage Settlement Consent Judgment did not eliminate homeowners’ rights to raise and challenge these issues. What the Consent Judgment and its exhibits did do is protect these homeowner rights; intend, tell and warn the banks to stop these insane practices and make them withdraw all the fraudulent and forged documents – which they did not do. Dual tracking, for example, is prohibited on page 110, as is “forced-placed insurance” on page 130. For General Servicer Duties and Prohibitions see page 133. If you have not taken the time to read the entire Consent Judgment and its exhibits – now is the time to do so! This settlement judgment did not let these banks off the hook for all their bad actions that cost over $25 BILLION.

Wake up judicial sheep! The National Mortgage Settlement was a (meager) attempt to correct the frauds. This Consent Judgment document and its exhibits should be a judicial Bible alerting the courts to the FACT there were crimes committed by the banks. And when a homeowner brings these crimes to your attention, your honor – that is your cue to throw the banks out of your courtroom!

It was intended to eliminate what frauds and forgeries had transpired and make it clear it was illegal to file or Karma sortmaintain forged and fraudulent documents in court! By allowing these documents in your court room and these illegal actions to persist – you, your honorable holiness(es), are concreting the root and continued growth of the problem.

You are building a foundation of corruption and bastardizing the integrity of ALL courts, as well as your own judicial canons and destroying the Rules of Professional Conduct. Why bother to have a bar association? Just dump it and let karma handle these trolls. But first, tell us where the need for truth went and precisely where did it go? Because it is certainly not attached to your black robe. You all should be ashamed.

The message in this post is that whoever is in charge of the fear mongering dictate to these lower foreclosure court judges – you all need to wake up and look at the real destruction and moral decay you are causing in society to over 300 million Americans while you laughingly try to protect the banks under the delusion of saving the economy. The economy may crash anyway because of the Trillion$ and Quadrillion$ of derivative debt these banksters continue to maneuver since our Congressional lawmakers are too afraid to make it stop.

states-rightsLet the states take over the mortgage loans and protect their lands – since we now know through rehypothecation that Wall Street has risked it (and likely lost a lot of it) in their shadow banking schemes.

If local legislators are smart, they’d figure a way to take these mortgage loans, protect their land records (wise up and audit the land records) and structure new mortgages with homeowners under legitimate appraisals. The cash flow would definitely help the states’ economy, supply jobs and make for a more prosperous society. Think about it.

 

7 thoughts on “The Moral Decay and Degradation to the American Society Stemming From the Foreclosure Judiciary

  1. Unfortunately, this is not news if you live in Florida. In Florida, it’s absolutely true that the lower courts received their marching orders not from the Florida Supreme Court, but from the Florida Legislature. Matt Weidner has posted several articles on this. The “clear the docket” mantra has been going strong in Florida since about 2008. Remember the rocket dockets? Matt Taibbi wrote an article back in 2010 – khttp://www.rollingstone.com/politics/news/matt-taibbi-courts-helping-banks-screw-over-homeowners-20101110.

  2. HSBC files: how secret Swiss account data detailing misconduct came to light David Leigh, James Ball, Juliette Garside and David Pegg Sunday 8 February 2015 16.00 EST Share on FacebookShare on TwitterShare via EmailShare on LinkedInShare on Google+ Shares 6,476 HSBC’s Swiss banking arm helped wealthy customers dodge taxes and conceal millions of dollars of assets, doling out bundles of untraceable cash and advising clients on how to circumvent domestic tax authorities, according to a huge cache of leaked secret bank account files.

    The files – obtained through an international collaboration of news outlets, including the Guardian, the French daily Le Monde, BBC Panorama and the Washington-based International Consortium of Investigative Journalists – reveal that HSBC’s Swiss private bank:

    • Routinely allowed clients to withdraw bricks of cash, often in foreign currencies of little use in Switzerland.

    • Aggressively marketed schemes likely to enable wealthy clients to avoid European taxes.

    • Colluded with some clients to conceal undeclared “black” accounts from their domestic tax authorities.

    • Provided accounts to international criminals, corrupt businessmen and other high-risk individuals.

    The HSBC files, which cover the period 2005-2007, amount to the biggest banking leak in history, shedding light on some 30,000 accounts holding almost $120bn (£78bn) of assets.

    The revelations will amplify calls for crackdowns on offshore tax havens and stoke political arguments in the US, Britain and elsewhere in Europe where exchequers are seen to be fighting a losing battle against fleet-footed and wealthy individuals in the globalised world.

    Approached by the Guardian, HSBC, the world’s second largest bank, has now admitted wrongdoing by its Swiss subsidiary. “We acknowledge and are accountable for past compliance and control failures,” the bank said in a statement. The Swiss arm, the statement said, had not been fully integrated into HSBC after its purchase in 1999, allowing “significantly lower” standards of compliance and due diligence to persist.

    That response raises serious questions about oversight of the Swiss operation by the then senior executives of its parent company, HSBC Group, headquartered in London. It has now acknowledged that it was not until 2011 that action was taken to bring the Swiss bank into line. “HSBC was run in a more federated way than it is today and decisions were frequently taken at a country level,” the bank said.

    HSBC was headed during the period covered in the files by Stephen Green – now Lord Green – who served as the global bank’s chief executive, then group chairman until 2010 when he left to become a trade minister in the House of Lords for David Cameron’s new government. He declined to comment when approached by the Guardian.

    Although tax authorities around the world have had confidential access to the leaked files since 2010, the true nature of the Swiss bank’s misconduct has never been made public until now. Hollywood stars, shopkeepers, royalty and clothing merchants feature in the files along with the heirs to some of Europe’s biggest fortunes.

    In one memo, an HSBC manager is recorded discussing how a London-based financier whom the bank codenamed “Painter”, and his partner, could cheat on Italian tax. “The risk for the couple is, of course, that when they return to Italy the UK tax authorities will pass on information on them to the Italian tax authorities. My own view on this was that … there clearly was a risk.”

    According to the files, HSBC’s Swiss bankers were also prepared to help Emmanuel Shallop, who was subsequently convicted of dealing in “blood diamonds”, the illegal trade that fuelled war in Africa.

    One memo records: “We have opened a company account for him based in Dubai … The client is currently being very careful because he is under pressure from the Belgian tax authorities who are investigating his activities in the field of diamond tax evasion.”

    The records indicate HSBC managers were untroubled that a customer collecting cash bundles of kroner might be breaking Danish law. HSBC staff were instructed: “All contacts through one of her 3 daughters living in London. Account holder living in Denmark, i.e. critical as it is a criminal act having an account abroad non declared.”

    HSBC’s Swiss bankers routinely handed over large sums of cash to visiting clients, asking few questions, the files show. The bank said it had since tightened its controls. “The amended terms and conditions allowed the private bank to refuse a cash withdrawal request, and placed strict controls on withdrawals over $10,000 [£6,600],” its statement said.

    One example of the old system detailed in the files involves Richard Caring, a British tycoon and owner of London’s celebrity-packed Ivy restaurant, who on one day in 2005 removed 5m Swiss francs (£2.25m) in cash. When the Guardian asked him why, he declined to explain. His lawyer said it was a private matter and involved no impropriety. Caring’s UK tax status allowed him legally to keep his accounts secret from the tax authorities.

    The files show how HSBC in Switzerland keenly marketed tax avoidance strategies to its wealthy clients. The bank proactively contacted clients in 2005 to suggest ways to avoid a new tax levied on the Swiss savings accounts of EU citizens, a measure brought in through a treaty between Switzerland and the EU to tackle secret offshore accounts.

    The documents also show HSBC’s Swiss subsidiary providing banking services to relatives of dictators, people implicated in African corruption scandals, arms industry figures and others. Swiss banking rules have since 1998 required high levels of diligence on the accounts of politically connected figures, but the documents suggest that at the time HSBC happily provided banking services to such controversial individuals.

    The Guardian’s evidence of a pattern of misconduct at HSBC in Switzerland is supported by the outcome of recent court cases in the US and Europe. The bank was named in the US as a co-conspirator for handing over “bricks” of $100,000 a time to American surgeon Andrew Silva in Geneva, so that he could illegally post cash back to the US.

    Another US client, Sanjay Sethi, pleaded guilty in 2013 to cheating the US tax authorities. He was one of a group of convicted HSBC clients. The prosecution said an HSBC banker promised “the undeclared account would allow [his] assets to grow tax-free, and bank secrecy laws in Switzerland would allow Sethi to conceal the existence of the account”.

    In France, an HSBC manager, Nessim el-Maleh, was able to run a cash pipeline in which plastic bags full of currency from the sale of marijuana to immigrants in the Paris suburbs were collected. The cash was then taken round to HSBC’s respectable clients in the French capital. Bank accounts back in Switzerland were manipulated to reimburse the drug dealers.

    HSBC is already facing criminal investigations and charges in France, Belgium, the US and Argentina as a result of the leak of the files, but no legal action has been taken against it in Britain.

    Former tax inspector Richard Brooks tells BBC Panorama in a programme to be aired on Monday night: “I think they were a tax avoidance and tax evasion service. I think that’s what they were offering.

    “There are very few reasons to have an offshore bank account, apart from just saving tax. There are some people who can use an … account to avoid tax legally. For others it’s just a way to keep money secret.”

    The Labour party said: “Tax avoidance and evasion harms every taxpayer in Britain, and undermines public services like the NHS. What is truly shocking is that HMRC were made fully aware of these practices back in 2010 but since then very little has been done.”

    This message is intended only for the use of the individual or entity to which it is addressed, and the contents of this message, including all attachments, are hereby MARKED AS CONFIDENTIAL. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, including any attachments, is strictly prohibited. If you have received this message in error, please immediately notify the original sender, and delete this message, including all attachments, from your system.

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  3. Wow that was an amazing bit of truth and you are so right on.People here have become wimps,in other places when government get lost and becomes criminal and unconcerned the 300 million remove them and all that go along with them from office.The attempt of big gov to get bigger was bs,all it has done is give many a..holes license to steal from US.Lets get organized for crying out loud.Just thought the whole modify thing is like people becoming dependent on that parent gov and they love it,then you cant fight the crime or we will take your toys away.Again,nice work

  4. Pingback: PART I – CLUELESS KANGAROO – When the Court Jumps Over the Facts and Awards Foreclosure to the Banks | Deadly Clear

  5. You are 100 percent Right on Virginia. It took more than one man named Hitler to destroy millions of people and take their property. This is a modern day Natzi regeme taking over the entire planet. The enablers are the lower court judges in most states including the Gestapo Federal judges. We need a lot of private attorney generals to file suits against all these criminals.

  6. Its still happening in every state on everyday of the week hundreds if not thousands lose their homes to banks and their attorneys,agents and assignees without any standing to do so.Look at the pension fund holdings for the judges,in Los Angeles they are holding so many MBS of all flavors and if you want to know why certain companies act as though they are above the law,its because they are.Time Warner,AT and T,Verizon,etc see for yourself the large amounts of those stocks are in the pension funds and prob gifted to them for that “above the law ” status.Most lawyers for the banks or their bogus make believe foreclosure entities will fabricate and forge and photo-shop whats needed to steal homes from people who are more than willing to pay a reasonable payment on a fake loan that was originated in fraud and was paid off by multiple insurance policies,they do not give a shit and want it all.How must it feel to play a rigged game,is that gratifying?For them it is,they are cold and think they are far better than you and me,far smarter and their only just cheaters,thieves and haters who could not win the game if it wasnt rigged.95% of the lawyers in CA will take your money and walk and make no issue,they just dont care.The legal community and judicial community do not give a fuck about us,dont enter that realm with thoughts of winning because you will not,your only solidifying their so called claims.Sad state of affairs.

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