Why Homeowners Should Be Allowed To Use a Writ of Mandamus Against a Foreclosure Judge Ruling Contrary to State Court Appellate Precedent.
One of the most important and well-recognized responsibilities of an appellate court is to effectively supervise lower courts in order to foster not only correctness and uniformity in judicial decision making but also adherence to its appellate opinions.
Historically there were two distinct means of achieving such effective supervision, notices of appeal and mandamus writ petitions, the latter a much quicker appellate procedure, yet more recently appellate review has become favored over mandamus review for numerous institutional reasons. Continue reading →
Foreclosure Workshop #30: An Updated Working Checklist of the Ten Most Important Ways of Surviving the Rule Ritual in Foreclosure Summary Judgment Proceedings
Those of our listeners who have heard our last few shows, now posted on our website, understand for the first time the way in which the Rule Ritual has disadvantaged American Homeowners by fostering an erroneous approach to legal reasoning historically causing the misapplication of foreclosure rules, particularly in summary judgment proceedings, the most important event in any foreclosure case.
On this Sunday’s radio show we will turn the tables on the Rule Ritual and explain how you can ironically take advantage of the Rule Ritual to actually defeat a foreclosure summary judgment by using ten important defenses in rebuttal to the vast majority of those foreclosure judges still merely concerned with whether or not you have paid your mortgage. Continue reading →
“The mirage of promised mortgage modification lured the plaintiff debtors into a kafkaesque nightmare of stay-violating foreclosure and unlawful detainer, tardy foreclosure rescission kept secret for months, home looted while the debtors were dispossessed, emotional distress, lost income, apparent heart attack, suicide attempt, and post-traumatic stress disorder, for all of which Bank of America disclaims responsibility.” All too familiar.
How much in punitive damages is enough to punish unlawful conduct and deter its repetition? $45 million was one bankruptcy court’s opinion, in the case of a wrongful home foreclosure and eviction in knowing violation of the automatic stay.
The court described the plaintiff-debtors’ treatment by defendant Bank of America as Kafkaesque, and found their deeply emotional testimony (one of them attempted suicide during the ordeal) completely credible, awarding more than $1 million in actual damages for the loss of housing and emotional distress. The court also noted that Bank of America had repeatedly settled cases with federal and state regulators for hundreds of millions, and even billions, of dollars, in recognition of serious and repeated compliance failures, including some related directly Continue reading →
The Rule Ritual: Revealing for the First Time the Centuries Long Hidden Linguistic Origin of Rule Enterprise Reasoning Misleading Today’s Foreclosure Courts
The Foreclosure Hourthis Sunday turns attention away from individual cases to share with listeners some original basic research.
We will for the first time anywhere reveal new insight into the foreclosure crisis by challenging the basic philosophy behind the traditional legal reasoning of American Courts and hence of the entire legal profession.
On this Sunday’s live show we will explore the deep-seated, heretofore unseen semantic causes of the foreclosure crisis and the even Continue reading →
This ought to infuriate just about everyone… How much have we all in construction DONATED to Habitat for Humanity?! Well, let me shed some light on costs to build affordable housing, especially when there is so much labor donated. Separate the materials from the labor and materials will run about $36 -$42 psf on the high side. Full on licensed labor is usually less than $65 psf. Even if nothing is donated an entire affordable home would cost less than $100 psf. The larger the floor plan the less per square foot – it decreases.
What I found astounding, but not surprising is that Habitat for Humanity is in bed with Fannie Mae, of course… never miss a nickel or a chance to land grab, huh?
Community Organizations Through partnerships at the community level, Fannie Mae is able to meet the needs of families in a far more direct and impactful way. We work with established organizations in communities across the country to prevent foreclosure, revitalize neighborhoods, address homelessness, and much more. For example, in 2011 we partnered with HomeFree-USA, local community and elected officials, and area mortgage servicers to open a Mortgage Help Center in Prince George’s County, MD, to help struggling homeowners in the Washington, DC area. (Read more about Fannie Mae Mortgage Help Centers on page 19 of this report.) Also, as a result of our long-standing partnership with Habitat for Humanity, Fannie Mae employee volunteers built and refurbished homes and properties in particularly hard-hit communities. SeeA Report on Fannie Mae’s Mission Activities
These guys would securitize their mothers! How horrendous is it to target the poor and then overcharge them for their fictitiously free home – and then have the kahunas to foreclose on these folks?! Look in your land records office – these crooks even did 80/20 loans – and for someone who cannot afford a home any other way – that sure stinks like intent to tilt the homeowners right on into foreclosure.
Every state in the nation ought to sue the Habitat for Humanity organization, audit their books, follow the money and throw them out of the state! Deceptive advertising is the least of this – targeting the poor for the profits of securitization is morally corrupt; nah, worse than that – morally and mentally bankrupt.
It’s been a awhile since i posted anything, mainly because I was busy and as real life has a habit of doing, forces you to deal with it. While I was dealing with life, I had spoken with a neighbor who asked that I sit in with a group of neighbors on the street to hear their story. The people involved are homeowners who received their homes via Habitat for Humanity.
I’ve always thought of Habitat for Humanity as a good charity who helps people get a home, that they otherwise wouldn’t get. And that was as a far I as I saw it. I never went through the process they have, and didn’t dig much into how they operate. I assumed like most that this charity was good and my thoughts never went past that.
So I went and sat with the ten families on my street who…
Foreclosure Hour Workshop #28: Bank of America v. Reyes-Toledo —
An Important Starting Point for Exposing “The Great Deception” Hiding Who Is Really Foreclosing on American Homeowners
Hawaii has now joined Connecticut, Florida, New Mexico, New York, Ohio, Oklahoma, and Vermont as the result of another recent landmark foreclosure-related decision of the Hawaii Supreme Court, the most comprehensive of its kind yet, adopting the principle that a foreclosing plaintiff has the evidentiary burden to establish its right to enforce a promissory note at the time it commenced its action.
While it might seem to be just common sense proving you own a debt before bringing a collection lawsuit, the right to challenge the ownership of promissory notes in foreclosure Continue reading →
United States District Court, E.D. California.
GENET HABTEMARIAM, Plaintiff,
VIDA CAPITAL GROUP, LLC; US MORTGAGE RESOLUTION; PNC BANK, NATIONAL ASSOCIATION; and DOES 1 to 50, inclusive, Defendants.
Some three years later, PNC notified Plaintiff by mail that its SDOT was discharged, apparently due to a settlement agreement PNC had reached with various agencies of the United States government. PNC effectuated that cancellation by sending a 1099-C form approved by the Internal Revenue Service for cancelling a debt. Plaintiff received the Form 1099-C on or about June 29, 2010. According to Plaintiff, because the 1099-C cancelled the amount she owed on the second mortgage, she believed it legally released her from any further obligation to pay Continue reading →
Expect a lot of this. $3.4 TRILLION of pension funds nationwide gambled away on Wall Street. Investigations need to be launched against finance directors, state & federal government legislators and former administrations and union leaders. Get to the bottom of why these investments were made. Pension funds must be invested in TRIPLE A and LIQUID investments – (non- traditional) mortgages (MBS) are not liquid unless forced into default… school loans (ARS) are certainly not a secure investment and credit cards (ABS) have a history of failure… and we know the TRIPLE A ratings were rigged. Oust the bad guys – including politicians that promoted the derivative investments.
See -Maryland $50 billion in unfunded state and local retirement benefits, study says: http://marylandreporter.com/2013/10/30/50-billion-in-unfunded-state-and-local-retirement-benefits-study-says/
See also: City pension officials spend nearly $100,000 on trips: http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-pension-travel-20150318-story.html#page=1
Check you state’s pension fund disaster: http://www.pensiontsunami.com/public.php
A year ago The Foreclosure Hour explained why homeowners nationwide were having such great difficulty finding a knowledgeable foreclosure defense attorney and suggested ways of remedying the problem.
Yet, if anything, as those presently facing foreclosure well know, rather than becoming easier, it is actually even more difficult anywhere to find knowledgeable foreclosure defense counsel. Continue reading →
We must create a banking system that works for every American—not just Wall Street CEOs—and enact and strengthen reforms that will protect our economy from another massive collapse. Tulsi is a cosponsor of legislation such as the Return to Prudent Banking Act (H.R.381) and the 21st Century Glass-Steagall Act (H.R.3711) to help protect Americans from big banks’ roll of the financial dice. To help ensure the financial stability of our nation, Tulsi is continuing to fight against dangerous behavior on Wall Street where investors take big risks on the backs of American taxpayers. She has urged criminal investigations of Wall Street executives who take money from American taxpayers, such as what recently happened with Wells Fargo, the nation’s largest “too big to fail” bank.
“I will always fight against the schemes of Wall Street to make risky investments on the backs of American taxpayers.” -Rep. Tulsi Gabbard