From Foreclosure Fraud: AMAZON SETS OFF TO BECOME AMERICA’S BIGGEST MORTGAGE LENDER

AMAZON SETS OFF TO BECOME AMERICA’S BIGGEST MORTGAGE LENDER
Posted by 4closureFraud on March 9, 2018 ·

http://4closurefraud.org/2018/03/09/amazon-sets-off-to-become-americas-biggest-mortgage-lender/

AMAZON SETS OFF TO BECOME AMERICA’S BIGGEST MORTGAGE LENDER

First it monopolized the online retail space; then it made a dramatic appearance in the bricks and mortar grocer sector with its acquisition of Whole Foods, and lately it has been preparing to take on both the pharmaceutical & healthcare sector, and even banking.

And it’s only just starting, because as Housing Wire notes, Amazon is now looking to get into the mortgage lending business, and not just get into it but – in standard Bezos operating procedure – dominate it thoroughly while crushing, humiliating and bankrupting all competition. The company for which barriers to entry simply do not exist, was first reportedly planning on starting with offering checking programs first, then move into the debt product space after. And now, Housing Wire confirms that Amazon is currently looking to hire someone to lead their newly-formed mortgage lending division.

Here, a humorous aside from the report author, who refuses to provide the identity of the mortgage lender firm that Amazon has targeted:

Due to non-disclosure agreements, we probably shouldn’t reveal their identities. After all, with Amazon planning a move into mortgage lending, it’s best we work with them and not against them. Am I right?

… but gives the following hint:

We can say that if you look at the top 10 HMDA lenders and pick out the nonbanks, that’s where Amazon is recruiting their talent.

… and adds that “one person we spoke to turned down the job, but couldn’t say why.”

Rest here…~

4closureFraud.org

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Note: I tried to post a comment to the blog, but as soon as I posted, it disappeared. I don’t know if it had to be reviewed before posting, my blogs state that comments will be moderated whenever someone posts to my blogs. I did not get that message when attempting to post.

Does that mean that WordPress has begun to censor, just as facebook, twitter, etc have?
I don’t know. I sure hope not!!!

Bill Clinton’s Unforgivable Sin: Tells Truth about ObamaCare!

AND THAT TRUTH has outraged supporters of Hillary Clinton who would prefer that Bill Clinton stifle his desire to confuse the electorate with unfounded “truths!”

Bill Clinton’s Unforgivable Sin: Tells Truth about ObamaCare!


John Lillpop imageBy —— Bio and Archives October 6, 2016

Canadafreepress.com

Former President and disgraced perjurer Bill Clinton, the second most prolific congenital liar in the Clinton household, was recently caught in a boo-boo of epic proportions in this, the most volatile election cycle in American political history, in which his corrupt, criminal addicted wife is attempting to steal the White House and destroy American liberty and Democracy,

Either unwittingly or with racist intent to sabotage the legacy of America’s first African-American president, Slick Willy was recently caught inadvertently telling the truth about Barack Obama’s coveted signature achievement: Slick correctly labeled the Obama travesty and world-class failure(aka,OBAMACARE) as the “craziest thing in the world!—-.

Slick’s political torpedo, fired at the Holy Grail of Progressive thought, reverberated wildly throughout the heathen world of leftists who regard Obamacare as a precious, permanent monument to the use of corruption, lying, and hijacking of democratic principles to advance progressive ideas, regardless of how flawed and how against the best interests of the American people such programs may be.

In the muddled minds of liberals, it matters not one whit whether or not ObamaCare actually provides Affordable Care to the unwashed masses—-all that really matters is the adoption of a hugely unworkable and costly program that will usher even more unsuspecting millions into utter dependency on big government, and the tyranny of the Democrat Party.

It is in this tangled environment that Bill Clinton had his epic meltdown,. His words as reported:

“You’ve got this crazy system where all of a sudden, 25 million more people have health care, and then the people who are out there busting it, sometimes 60 hours a week, wind up with their premiums doubled and their coverage cut in half and it’s the craziest thing in the world,” the former president railed at a rally in Michigan on Monday.

“Clinton also said the system is hurting moderately successful small businesses — ones that aren’t doing poorly enough to be subsidized and fall just above the line.”

“On the other hand, the current system works fine if you’re eligible for Medicaid, if you’re a lower-income working person, if you’re already on Medicare or if you get enough subsidies on a modest income that you can afford your health care,” Clinton said.

“But the people getting killed in this deal are the small-business people and individuals who make just a little bit too much to get any of these subsidies,” he added.

After the scathing attack, Clinton sought to tone down some of his ObamaCare criticism while stumping for his wife in Ohio on Tuesday. Like Hillary, he said the health-care law is a positive first step that needs improving.

“The Affordable Health Care Act did a world of good and the 50-something efforts to repeal it that the Republicans have staged were a terrible mistake,” Clinton said.”

“But there’s a group of people — mostly small-business owners, and employees who make just a little too much money to qualify for Medicaid expansion or for the tax incentives — who can’t get affordable health-insurance premiums in a lot of places,” he said.”

Just how radical has Hillary become on illegal immigration?

AND THAT TRUTH has outraged supporters of Hillary Clinton who would prefer that Bill Clinton stifle his desire to confuse the electorate with unfounded “truths!”

Once Upon a Time…. I Thought the Worst We Had To Face Was Foreclosure Hell, I WAS WRONG!

Ya know, I used to think that Foreclosure Hell was the worst thing we in this Country had to face.  Wow, Was I Wrong!

I didn’t realize that just like in Japan, they will cook us to death with radiation, and not even bother to tell us.  I have condemned the Japanese for nuking the world and not telling us the truth about it, but fuck me, this country is doing the same thing.

While most people go about their daily business, they never think about the fact, that a pleasure of getting rained on is killing them.  We are the walking dead, and being asleep to the fact is just fucking us up more.

I would apologize for my slang, no, crude language, but something needs to wake these sleeping zombies up!

So, they are not only going to take every house they can get their grimy paws on, but they are going to continue the slow kill of humankind from the planet.  

It is not the kids growing up now that will suffer so much, it is like the butterfly test in Fukushima.  It is the children’s children that will be riddled with deformities. 

No matter what they try to tell us, we cannot be stupid, and believe that radiation is ok.  The thought of believing that, well, it is, stupid.  The sheeple that make up this country now, is amazing.  If the government says the radiation is not hurting us, we’ll just believe them.  Because the government says so?  Yall need to get out from under the rock, and out of the sun, cause damn!  You been drinking too much water with fluoride in it, for too long, and it has made you dumb!  I take that back, it has made you dumber than dirt!

For years, they have been doing things with the weather, with our food, with our prescriptions, our health!  They have taken healthy human beings and turned them into out of shape, fat slugs that have lives that are meant for cattle.  Chemtrails is no lie either.  What about HARP?  I guess that you also believe that 911 was not an inside job.

No, I am not a conspiracy theorist, I believe in taking what is put before me, studying it, seeing it for what it is, listening to scientists, listening to experts, and deducing my own opinion.  You see, we woke up.  We quit drinking the tap water.  We quit watching the regular news.  The news media is brainwashing you sheeple, which is not hard for them to do.

Terrorists are here, they are going to get you, so we have to militarize the Police forces.  These false flag shootings, are to outrage you sheeple, so that you will agree that guns are bad, and they can confiscate our guns.  We are told that our rights have to be taken, so that we can be protected from the terrorists, etc.,

If you are so blind you cannot see your nose on your face, you will not notice that Fannie Mae, and the banks are throwing our elderly out on the street.  Right now, in Goodyear, Arizona, and 83 year old woman and her 86 year old husband are being thrown out of their home.  No one cares.  In Colorado Springs, CO, an 82 year old woman is being thrown out of her home.  No one cares.

What the hell is wrong with you sheeple?  It’s not you, so it is Ok?  The Bank With the Most Homes in the End Wins, Get Used to It!!!

Sheeple Awaken! 

Golly Darn, Why Would All These Sea Creatures Be Dying? Is It Something In the Water? (Sarcasm Supplied, by me)

TV: “Like a horror show” at Los Angeles-area beach — Unusual number of marine animals suddenly getting sick and dying — “I wonder if something’s in the water” killing them — They “hobble and fall over, it’s heartbreaking” (VIDEO)

 
http://enenews.com/tv-its-like-a-horror-show-along-los-angeles-coast-unusual-number-of-marine-animals-have-started-dying-i-wonder-if-somethings-in-the-water-thats-killing-these-animals
Published: May 24th, 2014 at 11:42 am ET 
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KTTV Los Angeles, May 22, 2014: Marina Del Rey’s Horror Show — “It’s like a horror show, really!” That’s what Kerma Boyum-Sarmiento said after watching a pelican die […] to Shay Yuval, the “horror show” is watching a number of pelicans and other critters die or show signs of serious sickness in the last couple of weeks in the rocks by Via Marina and Pacific. To the […] women what’s happening is very suspicious. […] Is there a connection between the anchovy-die-off and pelicans and other sealife suddenly getting sick?

  • KTTV: A lot of concern about the wildlife in Marina Del Rey tonight. Days after tons and tons of fish died there, other creatures are now dying too […] more on the mystery.
  • Hal Eisner, KTTV reporter: The big question is […] are these deaths connected or are they coincidental? If you ask the people who live around here, whatever it is they’re very suspicious. […] Neighbors say an unusual number of marine animals have started dying. This pelican took its last breath while we were standing here.
  • Yuval: You see them helpless and want to help. They’re fighting to walk and hobble and fall over, it’s heartbreaking.
  • Eisner: Heartbreaking to Shay Yuval, who lives right by the water, and Kerma Boyum-Sarmiento who does too. And both think the anchovy die off has something to do with these other animals dying.
  • Boyum-Sarmiento: I wonder if there’s something in the water killing these animals.
  • Eisner: We wondered too. […] Whatever is happening is unsettling.
  • Boyum-Sarmiento: It’s like a horror show, really.

Fox 13 LA, May 19, 2014: Carol Baker with LA County’s Department of Beaches and Harbors tells us that testing will have to be done on the fish to find out why they died. It could be an algae bloom or the lack of oxygen or something altogether different. Right now no one knows for sure, she says. “Whether it’s an environment anomaly or if this is something we created, I don’t know”, said Marnella Stout who lives in the area. “But I think we’re going to get a lot more of this.”

Watch the KTTV broadcast here

 
Published: May 24th, 2014 at 11:42 am ET 
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Related Posts

  1. Former Official: Fukushima radiation is killing children… heart problems, leukemia, thyroid — Terrible things are going on — Authorities hiding truth from world — We need to admit many people are dying, but we’re not allowed to say that (VIDEO) April 21, 2014
  2. TV: “Like they’re melting… a lot of melting sea stars out there” says Seattle biologist — Veterinarian: It’s concerning, in under a week roughly 60% of species are sick or dying — “Same thing happening near Canada and nobody’s sure why” (VIDEO) October 27, 2013
  3. Inside Evacuation Zone: Cattle sick, dying — “We call it Fukushima syndrome” — Severe diarrhea, skin problems, weakened immune systems October 8, 2012
  4. ABC Los Angeles: Expert confirms radioactive water on way to West Coast and arriving in next few months; Will we really be told if it’s dangerous? — Journalist in Japan: Lethal contamination is gushing out, endangering millions and wreaking havoc on ocean (VIDEO)November 8, 2013
  5. FOX: Is Iodine-131 Killing Babies In Philadelphia? Deaths up 48 percent since radiation levels spiked in tap water (VIDEO) June 16, 2011

Hey, I Know What To Do, We’ll Dump It Into The Pacific, We Won’t Be Around Much Longer Anyway!

Hundreds of tons of radioactive water now being intentionally dumped into Pacific at Fukushima plant — Tepco: “We’d like to express our sincere appreciation” — Nuclear water stored since last year to be dumped next week — Official: Tepco “utterly inept” at taking accurate radiation readings (VIDEO)

 
http://enenews.com/hundreds-of-tons-of-radioactive-water-now-being-intentionally-dumped-into-pacific-at-fukushima-plant-nuclear-water-stored-since-last-year-to-be-dumped-next-week-official-tepco-utterly-inept
Published: May 21st, 2014 at 9:24 am ET 
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Tepco, May 21, 2014: Today, we have commenced operation of the groundwater bypass at Fukushima Daiichi Nuclear Power Station. We would like to express our sincere appreciation to many parties, including Fukushima Prefecture and members of the fishing industry […]

Yahoo News, May 21, 2014: Wednesday [TEPCO] began to dump controlled quantities of water with low radioactivity into the sea. This is the method it plans to start using to reduce the alarming accumulation of contaminated liquid […] TEPCO revealed that around 560,000 litres [~148,000 gallons] of water was emptied Wednesday.

Japan Times, May 21, 2014: [Tepco] said Wednesday it began dumping into the Pacific Ocean hundreds of tons of groundwater […] The next release is expected to involve about 790 tons of groundwater stored since last year […] the official said there could be a water discharge roughly every week.

The Australian, May 21, 2014: Nuclear water released into sea off Japan […] not clear whether the water was more radioactive than normal

Xinhua, May 21, 2014: [Tepco] has also been slammed by Nuclear Regulation Authority Chairman Shunichi Tanaka for incorrectly measuring levels of radioactive materials in groundwater […] Tanaka has said that even though three years has passed since the reactor meltdowns at the plant, TEPCO is still “utterly inept” when it comes to taking accurate readings […] and “lacks a basic understanding of measuring and handling radiation.” […] A spokesperson for the utility said the massive error [measuring strontium-90] was due to a “calibration error” […] He added that other machines had also been mistakingly calibrated […]

Kyodo, May 21, 2014: The official said the amount of water seeping into the reactor buildings may be reduced by up to 80 tons per day [out of the 400 tons per day of contaminated water that flows into the Pacific], but added that the effect of the groundwater bypass system needs to be checked through actual operation.

Watch NHK’s broadcast here

 
Published: May 21st, 2014 at 9:24 am ET 
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Related Posts

  1. Tepco admits “radiation levels in groundwater are soaring” at Fukushima — “Strontium readings spike 6,500-fold in one day” (VIDEO) October 18, 2013
  2. Record radiation level in underground water well near ocean at Fukushima — Tepco: “Rise in radiation readings is an obvious concern” — 1.4 billion Bq/m³ of strontium/beta emittersDecember 8, 2013
  3. ‘Emergency’ Measure: Over 1,000 tons of polluted water dumped on ground at Fukushima — “There’s a limit on how much water we can store” — Never tested cesium levels — Sandbags swept away by typhoon (PHOTO & VIDEO) September 17, 2013
  4. CNN Nuclear Expert: Fukushima plant is in ‘uncharted territory’ — Highly radioactive water to either be boiled until it evaporates, or dumped in ocean August 6, 2013
  5. Japan Gov’t: It’s “inevitable” that Fukushima radioactive water will be dumped in Pacific Ocean — “Tepco has no choice” July 26, 2013

West Coast Nuked Worse Than Japan

Gov’t model shows airborne radioactive plume covering entire west coast of US & Canada on Mar 22, 2011… 10 times more radioactive than plume coming from Fukushima plant on same day — Radiation levels in some plumes had no discernible decrease after crossing Pacific (VIDEO)

Published: April 8th, 2014 at 8:16 am ET
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Fukushima Radioactive Aerosol Dispersion, NOAA: The [HYSPLIT] model was developed by NOAA to follow the transport and dispersion of pollutants in the atmosphere. In HYSPLIT, the computation is composed of four components: transport by the mean wind, turbulent dispersion, scavenging and decay. A large number of pollutant particles, which by convention are called “particles” but are just computational “points” (particles or gases), are released at the source location and passively follow the wind. […] March 11th […] by 16:36 a nuclear emergency was reported. By the early morning hours of March 12th, radioactive emissions were occurring […] the simulation from NOAA’s HYSPLIT model shows a continuous release of tracer particles from 12-31 March at a rate of 100 per hour representing the Cesium-137 emitted from Fukushima Daiichi. Eachchange in particle color represents a decrease in radioactivity by a factor of 10.

Notable Features

The March 22, 2011 NOAA model (above right) shows the West Coast of US and Canada covered in red particles, while the Fukushima site — and all of Japan — are under orange particles.  According to the NOAA above a “change in particle color represents a decrease in radioactivity by a factor of 10

Watch NOAA’s Fukushima airborne plume simulation here

Published: April 8th, 2014 at 8:16 am ET
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Related Posts

  1. U.S. gov’t model of Fukushima cesium-137 particles covering Northern Hemisphere (VIDEO) March 14, 2013
  2. Professor on PBS: The Fukushima plume is heading to West Coast in “a consolidated mass of water that’s moving in unison” — Study: Nuclear waste “confined to a narrow band” crossing ocean — “Very little dispersion in eastern Pacific” (MAP) February 14, 2014
  3. California schools announce Fukushima testing: Imperative we monitor for any Fukushima contamination “that will be arriving this year” in ocean — LA Times claims levels are declining, fails to inform readers of radioactive plume crossing Pacific January 13, 2014
  4. Experts: Areas along West Coast “may be… affected in a significant way” by Fukushima plume in coming months — Impact cannot be accurately predicted, currents to produce complex results — Radioactive materials can be ‘fairly concentrated’ even after crossing Pacific February 24, 2014
  5. Gundersen: When the radioactive plume hits West Coast in a few months “it’s not like it’s going to end” — Fukushima still pumping contamination into Pacific Ocean 1,000 days after disaster began (AUDIO) December 7, 2013

Now For Our Own Homemade Nuclear Nightmare

Expert: No one in world has ever dealt with something like WIPP disaster — Continuous release of radioactive material ’24/7′ to environment — Nobody knows when leaking will end — It’s a ‘major failure’ for so many people to be exposed — Gov’t yet to say if dump will open again (AUDIO)

 
Published: April 6th, 2014 at 3:13 am ET 
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AP, Apr 4, 2014: Workers are prepared to encounter contamination [&] will try to figure out what caused [WIPP’s] mysterious leak [of radiation that] contaminated 21 workers […] [No one’s been] underground […] to find the source of the leak and determine if [the fire & radiation] are related.

Nuclear Hotseat #145, with host Libbe HaLevy, M.A., Apr. 1, 2014:

  • 5:15 in — Don Hancock, director of the Nuclear Waste Safety program and administrator at Southwest Research and Information Center: Data from what’s being captured […] and what comes out of the filters, is that there have been continuing releases 24/7 […] There still is contamination coming out of the underground […] Numbers move around, but there’s always some amount of radioactivity in the underground air and lesser amounts being vented to the environment. Why it happened, why it was released, how much was really released, how much contamination there is in the underground, how long the releases continue, whether there could be further releases given that we don’t know what the situation is […] All of those of things are unknowns.
  • 7:30 in — Hancock: It’s not credible to think that 21 workers breathed in contamination and the only place that there is contamination is on the workers. There clearly has to have been soil contamination. DOE’s own modeling is that there’s extensive soil contamination around the site. So there is a lot more soil sampling that needs to be done. […] This is one of the many things that we don’t know -– How much came out, and where it is now?
  • 8:30 in – Hancock: 40+ workers [still] waiting for results […] certainly is possible there will be more than 21 […] This is totally unacceptable […] There’s no reason that other workers should have come in and been contaminated, so it’s a major failure […] There was never supposed to be this radiation release at all for 10,000 years.
  • 11:45 in — Hancock: The DOE itself hasn’t said when, or if, WIPP will reopen. The fact is that we don’t know […] what caused the release, how to stop it, if underground can be decontaminated, how to decontaminate surface, how to deal with worker health problems — None of those are known […] There is no instance in the world where you have an underground salt mine significantly contaminated with radiation […] there is no experience in dealing with this situation. So we’re starting from square one. It will be difficult, if not impossible, and also very costly to cleanup the underground. Based on my 38 years in working with the Department of Energy, I find it virtually inconceivable — I hope they will decide if they can’t do total cleanup of the underground, I hope they will decide not to reopen it. […] We need independent analysis, independent medical people, and independent technical folks to look at what happened and why it happened and what kind of decontamination could be done, if any.

Full interview available for download here

Closer to the Truth on Fukushima

Inside Sources: Fukushima crisis “actually far worse than anyone acknowledged… information withheld to prevent panic” – Professor: “Level of radiation was far worse than Navy officers anticipated” – US gov’t shredded documents for 4 days while drawing up plans to evacuate Japan — “Somebody was obviously very worried”

 
Published: April 5th, 2014 at 5:51 pm ET 
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Japan Times, Jeff Kingston of Temple Univ., Apr. 4, 2014: Kyle Cleveland, my colleague […] recently published a report […] a critical, but nuanced picture of a crisis that was closer to careening out of control than is generally acknowledged. […] Naval officers […] discovered the level of radiation was far worse than they anticipated. Radiation gauges on the [USS Reagan] measured levels of radiation at 100 nautical miles off the coast that were 30 times greater than normal. [Sailors report] significant health problems due to exposure to radiation […] Cleveland finds that there was considerable disagreement between various U.S. agencies about the severity of the risk […] Given that the U.S. government expanded the exclusionary zone in Fukushima to 80 km and developed contingency plans for a massive evacuation while shredding of documents continued for four days at the U.S. Embassy and military bases in Japan, somebody was obviously very worried. […] Some of his insider sources tell him that the crisis was actually far worse than anyone acknowledged at the time and that information was withheld to prevent a panic. Cleveland concludes that Japan’s nuclear reactors should not be restarted.

Professor Kyle Cleveland, Temple University Japan: “[The navy was] more risk averse than either the NRC (Nuclear Regulatory Commission) or State, and from day one was ringing alarms that were not entirely understood, not completely validated and not well received by the NRC and State. The navy was pushing the other federal agencies to take more aggressive actions because their radiation measurements were indicating dose rates that were more significant than what was implied by the abstract modeling […]”

Unidentified US Nuclear Expert: “Without a qualitatively different regulatory system, and in light of how Japan/Tepco responded to this crisis, Japan has not earned the right to have nuclear energy. No critically minded and informed person can evaluate this disaster and look at how Japan has responded in the aftermath and have any confidence that Japan will use nuclear energy safely. In the most seismically active country […] even if Japan had a robust regulatory structure and thoroughly integrated crisis protocols, nature conspires against the best-laid-plans of human institutions. And what Japan has is certainly not the best plan by any measure.”

See also: Anonymous U.S. Gov’t Nuclear Expert: Fukushima radiation levels were “astronomical… nothing containing release of radioactivity, it’s an unmitigated, unshielded number”

The Future for America and Obamacare!

Man cuts off own hand with a homemade guillotine

 

 photo
Stock image via Getty Images

A man from Devon, England, was so desperate to end his suffering after spending many painful years with an injured hand that he did the unthinkable—he built a guillotine and cut off his own hand.

According to the Daily Record, Mark Goddard, 44, amputated his arm because he suffered excruciating pain since injuring the arm during a motorbike accident in 1998. Goddard claims to take 40 painkillers a day and says he had to quit his garage job. While Goddard would have preferred for the surgery to have been done professionally in a hospital, Goddard claims that doctors were hesitant to honor his amputation request because his injured hand, despite the nerve damage, was still functional.

It took two weeks for Goddard to build the guillotine. Before amputating, he tied two tourniquets to his arm and had a first aid kit nearby. After severing the hand, he tossed the body part into a fire he had started in an outdoor garden bin. Goddard’s wife came home soon after and, upon discovering the grisly scene, immediately called emergency services.

Local authorities claim Goddard appeared rational when they arrived on the scene. Officers attempted to salvage Goddard’s hand but it was too badly damaged. Goddard hopes his desperate act will convince doctors to implant a spinal stimulator in his back to ease his pain.

http://m.ajc.com/news/news/crime-law/woman-shot-newton-county-deputies/nfPZw/

Crime & Law

Updated: 7:01 p.m. Monday, March 31, 2014 | Posted: 5:00 p.m. Monday, March 31, 2014

Woman fatally shot by Newton County deputies

 

By Angel K. Brooks

An armed woman was shot to death by Newton County deputies on Monday afternoon, authorities said.

A woman threatening suicide called authorities, who responded to a home on Russell Braden Road around 3:30 p.m., the Newton County Sheriff’s Office said.

When deputies arrived, the woman came out of the home with a rifle and refused to drop it despite repeated commands to do so, according to the sheriff’s office.

Deputies fired shots and the woman was hit an unknown number of times. She was transported to a hospital, where she was pronounced dead, Deputy Felicia Jefferson told The Atlanta Journal-Constitution.

The incident is under investigation by the GBI and internal affairs, Jefferson said.

Hearsay on Hearsay Livinglies Neil Garfield

 

Hearsay on Hearsay: Bank Professional Witnesses Using Business Records Exception as Shield from Truth

by Neil Garfield

http://livinglies.wordpress.com/2014/03/19/hearsay-on-hearsay-bank-professional-witnesses-using-business-records-exception-as-shield-from-truth/

Wells Fargo Manual “Blueprint for Fraud”

Well that didn’t take long. Like the revelations concerning Urban Lending Solutions and Bank of America, it is becoming increasingly apparent that the the intermediary banks were hell bent for foreclosure regardless of what was best for the investors or the borrowers. This included, fraud, fabrication, unauthorized documents and signatures, perjury and outright theft of money and identities. I understand the agreement between the Bush administration and the large banks. And I understand the reason why the Obama administration continued to honor the agreements reached between the Bush administration and the large banks. They didn’t have a clue. And they were relying on Wall Street to report on its own behavior. But I’m sure the agreement did not even contemplate the actual crimes committed. I think it is time for US attorneys and the Atty. Gen. of each state to revisit the issue of prosecution of the major Wall Street banks.

With the passage of time we have all had an opportunity to examine the theory of “too big to fail.” As applied, this theory has prevented prosecutions for criminal acts. But more importantly it is allowing and promoting those crimes to be covered up and new crimes to be committed in and out of the court system. A quick review of the current strategy utilized in foreclosure reveals that nearly all foreclosures are based on false assumptions, no facts,  and a blind desire for expediency that  sacrifices access to the courts and due process. The losers are the pension funds that mistakenly invested into this scheme and the borrowers who were used as pawns in a gargantuan Ponzi scheme that literally exceeded all the money in the world.

Let’s look at one of the fundamental strategies of the banks. Remember that the investment banks were merely intermediaries who were supposedly functioning as broker-dealers. As in any securities transaction, the investor places in order and is responsible for payment to the broker-dealer. The broker-dealer tenders payment to the seller. The seller either issues the securities (if it is an issuer) or delivers the securities. The bank takes the money from the investors and doesn’t deliver it to an issuer or seller, but instead uses the money for its own purposes, this is not merely breach of contract —  it is fraud.

And that is exactly what the investors, insurers, government guarantors and other parties have alleged in dozens of lawsuits and hundreds of claims. Large banks have avoided judgment based on these allegations by settling the cases and claims for hundreds of billions of dollars because that is only a fraction of the money they diverted from investors and continue to divert. This continued  diversion is accomplished, among other ways, through the process of foreclosure. I would argue that the lawsuits filed by government-sponsored entities are evidence of an administrative finding of fact that closes the burden of proof to be shifted to the cloud of participants who assert that they are part of a scheme of securitization when in fact they were part of a Ponzi scheme.

This cloud of participants is managed in part by LPS in Jacksonville. If you are really looking for the source of documentation and the choice of plaintiff or forecloser, this would be a good place to start. You will notice that in both judicial and non-judicial settings, there is a single party designated as the apparent creditor. But where the homeowner is proactive and brings suit against multiple entities each of whom have made a claim relating to the alleged loan, the banks stick with presenting a single witness who is “familiar with the business records.” That phrase has been specifically rejected in most jurisdictions as proving the personal knowledge necessary for a finding that the witness is competent to testify or to authenticate documents that will be introduced in evidence. Those records are hearsay and they lack the legal foundation for introduction and acceptance into evidence in the record.

So even where the lawsuit is initiated by “the cloud” and even where they allege that the plaintiff is the servicer and even where they allege that the plaintiff is a trust, the witness presented at trial is a professional witness hired by the servicer. Except for very recent cases, lawyers for the homeowner have ignored the issue of whether the professional witness is truly competent,  and especially why the court should even be listening to a professional witness from the servicer when it is hearing nothing from the creditor. The business records which are proffered to the court as being complete are nothing of the sort. There documents prepared for trial which is specifically excluded from evidence under the hearsay rule and an exception to the business records exception.

Lately Chase has been dancing around these issues by first asserting that it is the owner of a loan by virtue of the merger with Washington Mutual. As the case progresses Chase admits that it is a servicer. Later they often state that the investor is Fannie Mae. This is an interesting assertion which depends upon complete ignorance by opposing counsel for the homeowner and the same ignorance on the part of the judge. Fannie Mae is not and never has been a lender. It is a guarantor, whose liability arises after the loss has been completely established following the foreclosure sale and liquidation to a third-party. It is also a master trustee for securitized trusts. To say that Fannie Mae is the owner of the alleged loan is an admission that the originator never loaned any money and that therefore the note and mortgage are invalid. It is also intentional obfuscation of the rights of the investors and trusts.

The multiple positions of Chase is representative of most other cases regardless of the name used for the identification of the alleged plaintiff, who probably doesn’t even know the action exists. That is why I suggested some years ago that a challenge to the right to represent the alleged plaintiff would be both appropriate and desirable. The usual answer is that the attorney represents all interested parties. This cannot be true because there is an obvious conflict of interest between the servicer, the trust, the guarantor, the trustee, and the broker-dealer that so far has never been named. Lawsuits filed by trust beneficiaries, guarantors, FDIC and insurers demonstrate this conflict of interest with great clarity.

I wonder if you should point out that if Chase was the Servicer, how could they not know who they were paying? As Servicer their role was to collect payments and send them to the creditor. If the witness or nonexistent verifier was truly familiar with the records, the account would show a debit to the account for payment to Fannie Mae or the securitized trust that was the actual source of funds for either the origination or acquisition of loans. And why would they not have shown that?  The reason is that no such payment was made. If any payment was made it was to the investors in the trust that lies behind the Fannie Mae curtain.

And if the “investor” had in fact received loss sharing payment from the FDIC, insurance or other sources how would the witness have known about that? Of course they don’t know because they have nothing to do with observing the accounts of the actual creditor. And while I agree that only actual payments as opposed to hypothetical payments should be taken into account when computing the principal balance and applicable interest on the loan, the existence of terms and conditions that might allow or require those hypothetical payments are sufficient to guarantee the right to discovery as to whether or not they were paid or if the right to payment has already accrued.

I think the argument about personal knowledge of the witness can be strengthened. The witness is an employee of Chase — not WAMU and not Fannie Mae. The PAA is completely silent about  the loans. Most of the loans were subjected to securitization anyway so WAMU couldn’t have “owned” them at any point in the false trail of securitization. If Chase is alleging that Fannie Mae in the “investor” then you have a second reason to say that both the servicing rights and the right to payment of principal, interest or monthly payments in doubt as to the intermediary banks in the cloud. So her testimony was hearsay on hearsay without any recognizable exception. She didn’t say she was custodian of records for anyone. She didn’t say how she had personal knowledge of Chase records, and she made no effort to even suggest she had any personal knowledge of the records of Fannie and WAMU — which is exactly the point of your lawsuit or defense.
 

If the Defendant/Appellee’s argument were to be accepted, any one of several defendants could deny allegations made against all the defendants individually just by producing a professional witness who would submit self-serving sworn affidavits from only one of the defendants. The result would thus benefit some of the “represented parties” at the expense of others.

Their position is absurd and the court should not be used and abused in furtherance of what is at best a shady history of the loan. The homeowner challenges them to give her the accurate information concerning ownership and balance, failing which there was no basis for a claim of encumbrance against her property. The court, using improper reasoning and assumptions, essentially concludes that since someone was the “lender” the Plaintiff had no cause of action and could not prove her case even if she had a cause of action. If the trial court is affirmed, Pandora’s box will be opened using this pattern of court conduct and Judge rulings as precedent not only in foreclosure actions, disputes over all types of loans, but virtually all tort actions and most contract actions.

Specifically it will open up a new area of moral hazard that is already filled with debris, to wit: debt collectors will attempt to insert themselves in the collection of money that is actually due to an existing creditor who has not sold the debt to the collector. As long as the debt collector moves quickly, and the debtor is unsophisticated, the case with the debt collector will be settled at the expense of the actual creditor. This will lead to protracted litigation as to the authority of the debt collector and the liability of the debtor as well as the validity of any settlement.

From EneNews Oregonia on Fukushima

NOVEMBER 21, 2013 BY 

ENENEWS.COM, Oregonian Reports on Fukushima

http://enenews.com/oregon-official-reports-coming-in-of-seafood-with-radioactive-contamination-theyre-kind-of-secretive-they-dont-want-to-give-up-their-sources-concern-about-impact-fukushima

 ENENews.com – Energy News     

Oregon Official: Reports coming in of seafood with radioactive contamination, “They’re kind of secretive, they don’t want to give up their sources” — Locals concerned about impact Fukushima disaster is having on area fish (VIDEO)

Published: November 21st, 2013 at 2:09 pm ET                                                                                                                                                                                                                                                                                                                                                                       By ENENews       14 comments 

The Oregonian, Nov. 19, 2013: […] A pocket of doubt persists despite reassurances from scientists and federal health regulators that Pacific-caught seafood is safe to eat. Health officials say Fukushima radiation doesn’t pose a public health threat in the United States. That hasn’t stopped lingering concerns. Christina Mireles DeWitt, director of Oregon State’s Seafood Research and Education Center in Astoria, said she’s noticed an uptick in worries recently. She receives about a call a week from concerned residents who’ve relayed second-hand reports of contaminated fish. Their stories aren’t specific, though, and Mireles DeWitt (who still eats seafood) hasn’t pinpointed what’s causing the increased chatter. “They’re kind of secretive,” she said. “They don’t want to give up their sources.” […] 

The Oregonian, Nov. 19, 2013: Fukushima radiation in Oregon fish; Andy Norris is concerned about the impact the Fukushima nuclear disaster is having on local fish — Oregon Filmmaker Andy Norris: […] We’re pooling resources, we’re buying a community Geiger counter […] This is a huge nuclear accident. It’s not done […] 400 tons of radioactive water is being dumped into the Pacific each day […] We think it’s prudent to be doing some testing […] It’s not going to go away soon. It’s still coming over […] This is going to go on for years, if not decades. […] It’s a very sensible idea to buy this community Geiger counter […] 

Reports of Fukushima contamination in albacore tuna off Oregon coast: More US tuna contaminated — Study: Entire food web “including humans” may be affected as Fukushima radionuclides spread to West Coast 

« Conservative Radio Host: Fukushima could be going on for centuries — Nobody knows how deep fuel went after melting — It’s sad people not paying attention, busy watching TV and football — Interviews Arnie Gundersen (AUDIO)    Tepco: Plutonium is in Unit 4 fuel, it can be leaking out from holes and cracks in rods — Former Fukushima Engineer: State of plant is “hopeless”; Unit 4 vulnerable, “very dangerous” » 

Related Posts

Nuclear Expert: Fukushima contamination that will soon hit U.S. has people very concerned, and I think rightly so — Gov’t should be regularly monitoring seafood, seawater (VIDEO) September 5, 2013 

TV: Physicians in California concerned about fish with Fukushima contamination — I’m eating more fruits and vegetables to fight cell damage from the radiation (VIDEO) October 11, 2013 

Gundersen: Radioactive plume to impact West Coast in a year — Not going away after it hits… likely to only get stronger — Fukushima will keep releasing contamination for years to come — Must demand officials test fish and make data public (AUDIO) August 27, 2013 

National Geopraphic: Fears are mounting that Fukushima radiation could lead to dangerous contamination levels in seafood from Pacific — At least for now fish are not glowing so ‘eat up’! September 12, 2013 

FDA “paying attention to the leaks” at Fukushima — “Do not worry about radioactive fish” — Will test seafood “as needed” August 11, 2013 

I don’t know about the rest of you, but “— I’m eating more fruits and vegetables to fight cell damage from the radiation”;  “At least for now fish are not glowing so ‘eat up’!”; “Do not worry about radioactive fish” — Will test seafood “as needed””  IS BULLSHIT!!! 

These responses to radiation are not acceptable.  Hell, I tell you what, yall eat the radiated vegetables and fruits in California, and yall go ahead and eat the fish.  I will see yall over on the other side.  Looks like the China Syndrome to me……

Neil Garfield’s Living Lies Weblog, Keeping You Informed!

New post on Livinglies’s Weblog

 
 

Fannie and Freddie Demand $6 Billion for Sale of “Faulty Mortgage Bonds”

by Neil Garfield

You read the news on one settlement after another, it sounds like the pound of flesh is being exacted from the culprits again and again. This time the FHFA, as owner of Fannie and Freddie, is going for a settlement with Bank of America for sale of “faulty mortgage bonds.” And most people sit back and think that justice is being done. It isn’t. $6 Billion is window dressing on a liability that is at least 100 times that amount. And stock analysts take comfort that the legal problems for the banks has basically been discounted already. It hasn’t.

For practitioners who defend mortgage foreclosures, you must dig a little deeper. The term “faulty mortgage bonds” is a euphemism. Look at the complaints there filed. When they are filed by agencies it means that after investigation they have arrived at the conclusion that something was. very wrong with the sale of mortgage bonds. That is an administrative finding that concluded there was at least probable cause for finding that the mortgage bonds were defective and potentially were criminal.

So what does “defective” or “faulty” mean? Neither the media nor the press releases from the agencies or the banks tell us what was wrong with the bonds. But if you look at the complaints of the agencies, they tell you what they mean. If you look at the investor lawsuits you see that they are alleging that the notes and mortgages were “unenforceable.” Both the agencies and the investors filed complaints alleging that the mortgage bonds were a farce, sham or in other words, a PONZI Scheme.

Why is that important to foreclosure defense? Digging deeper you will find what I have been reporting on this blog. The investors money was not used to fund the REMIC trusts. The unfunded trusts never had the money to buy or fund the origination of bonds. The notes and mortgages were never sold to the Trusts even though “assignments” were executed and shown in court. The assignments themselves were either backdated or violated the 90 day cutoff that under applicable law (the laws of the State of New York) are VOID and not voidable.

What to do? File Freedom of Information Act requests for the findings, allegations and names of investigators for the agency that were involved in the agency action. Take their deposition. Get documents. Find put what mortgages were looked at and which bond series were involved. Get a list of the mortgages and the bonds that were examined. Get the findings on each mortgage and each mortgage bond. Use the the investor allegations as lender admissions admissions in court — that the notes and mortgages are unenforceable.

There is a disconnect between what is going on at the top of the sham securitization chain and what went on in sham mortgage originations and sham sales of loans. They never happened in the real world, no matter how much paper you throw at it.

And that just doesn’t apply to mortgages in default — it applies to all mortgages, which is why all the mortgages that currently exist, and most of the deeds that show ownership of the property have clouded and probably “defective” and “faulty” titles. It’s clear logic that the government and the banks are seeking to avoid, to wit: that if the way in which the money was raised to fund the loans or purchase the loans were defective, then it follows that there are defects in the chain of title and the money trail that were obviously not disclosed, as per the requirements of TILA and Reg Z.

And when you keep digging in discovery you will find out that your client has some clear remedies to collect the profits and compensation paid to undisclosed recipients arising out of the closing of the “loan.” These are offsets to the amount claimed as due. If the loan was not funded by the Trust, then the false paper trail used by the banks in foreclosure is subject to successful attack. If the loans were in fact funded directly by the trust complying with the REMIC provisions of the Internal Revenue Code, then the payee on the note and the mortgagee on the mortgage would be the trust — or if the loan was actually purchased, the Trust would have issued money to the seller (something that never happened).

And lastly, for now, let us look at the capital structure of these banks. A substantial portion of their capital derives from assets in the form of mortgage bonds. This is the most blatant lie of all of them. No underwriter buys the securities issued by the company seeking financing through an offering to investors. It is an oxymoron. The whole purpose of the underwriter was to create securities that would be appealing to investors. The securities are only issued when you have a buyer for them, and then the investor is the owner of the security — in this case mortgage bonds.

The bonds are not issued to the investment bank as an asset of the investment bank. But they ARE issued to the investment bank in “street name.” That is merely to facilitate trading and delivery of certificates which in most cases in the mortgage bond market don’t exist. The issuance in street name does not mean the banks own the mortgage bonds any more than when you a stock and the title is issued in street name mean that you have loaned or gifted the investment to the investment bank.

If you follow the logic of the investment bank then the deposits of money by depository customers could be claimed as assets — without the required entry in the liabilities section of the balance sheet because every dollar on deposit is a liability to pay those monies on demand, which is why checking accounts are referred to as demand deposits.

Hence the “asset” has been entered on the investment bank balance sheet without the corresponding liability on the other side of their balance sheet. And THAT remains that under cover of Federal Reserve purchase of these bonds from the banks, who don’t own the bonds, the value of the bonds is 100 cents on the dollar and the owner is the bank — a living lies fundamental. When the illusion collapses, the banks are coming down with it. You can only go so far lying to the public and the investment community. Eventually the reality is these banks are underfunded, under capitalized and still being propped up by quantitative easing disguised as the purchase of mortgage bonds at the rate of $85 Billion per month.

We need to be preparing for the collapse of the illusion and get the other financial institutions — 7,000 community and regional banks and credit unions — ready to take on the changes caused by the absence of the so-called major banks who are really fictitious entities without a foundation related to economic reality. The backbone is already available — electronic funds transfer is as available to the smallest bank as it is to the largest. It is an outright lie that we need the TBTF banks. They have failed and cannot recover because of the enormity of the lies they told the world. It’s over.

OCTOBER 5, 2013 BY 

Radiation Poisoning! 

Just Released: Doctors Report Thousands Of Japanese People With Nose Bleeds From Radiation (VIDEO)

(Before It’s News)

There are thousands of people in Japan reporting to be suffering massive and recurring nosebleeds in recent days — Gundersen:

Japanese doctors explain that, “We know our patients have radiation illness” but we are forced to keep it secret (VIDEO)

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Over 3,000 ppl mostly of age under 30 are suffering from recurring massive nosebleeding in Japan
Source: Takahiro Katsumi (Foreign Policy Aide to Senator Tadashi Inuzuka, a member of the House of Councillors of the Japanese National Diet –Source)
Date: Updated Oct. 1, 2013
h/t Anonymous tips

  1. FACT: Over 5,000 ppl were reported of tweeting “nosebleed”(hanaji) over the past two-day period from 9/22-9/23 http://togetter.com/li/567445
  2. FACT: Over 3,000 ppl were reported of tweeting “can’t stop my nosebleed” (hanaji ga tomaranai) during the week of 9/20-9/30 (as of 12am 10/01/2013 JST)http://togetter.com/li/568710
  3. FACT: Over 2,500 ppl were reported of tweeting “I’m nosebleeding” (hanaji ga deta) during the short days of 9/28-9/30 (as of 12 am 10/01/2013 JST)http://togetter.com/li/570016

[…] WHAT YOU CAN DO:

For Japanese Facebook and Twitter users, I’ve been asking for assistance to help spread the survey to as much of the affected people as possible using the list shown above. For users overseas, I would like to ask the following: Help me create a database out of this massive list; Help me find reliable statistics on nosebleeding in general vis-a-vis abnormal nosebleeding; and Help me devise a way to bring in the international civic community’s attention on the matter.

See the complete report here

‘Radioactive Spill’ at Fukushima: Tons seeping into ground; ‘Widespread structural problems’ indicated with tanks — Nitrogen injection for preventing explosions at reactors temporarily halted
http://enenews.com/radioactive-spill-…

Nuclear regulator criticized for ‘red tape’ job
Japan’s nuclear regulator is coming under fire from intellectuals. They’re being criticized for bureaucratic behavior.
The Nuclear Regulation Authority fielded comments on Monday from 6 experts who are studying the crisis in Fukushima. The discussion was a review of the NRA’s first year of operation.

“Fear of contaminated food and radioactivity in the metropolitan area” Takashi Hirose
http://blog.goo.ne.jp/jpnx05/e/7db9b9…

The World Must Take Charge at Fukushima
http://coto2.wordpress.com/2013/09/30…

Dr. Helen Caldicott Talks Bluntly About Fukushima
http://www.youtube.com/watch?v=Gqz9qD…

CriticalReads:More News Mainstream Media Chooses To Ignore By Josey Wales, Click Here!

Garfield on Stopa’s Courage and Court’s Bias

Attorney Mark Stopa Shows Guts Confronting Appellate Court Bias                          Posted on October 4, 2013 by Neil Garfield 

http://livinglies.wordpress.com/2013/10/04/attorney-mark-stopa-shows-guts-confronting-appellate-court-bias/ 

I have just received a copy of a daring and tempestuous motion for rehearing en banc filed by the winner of the appeal. The homeowner won because of precedent, law and common sense; but the court didn’t like their own decision and certified an absurd question to the Florida Supreme Court. The question was whether the Plaintiff in a foreclosure case needs to have standing at the commencement of the action. Whether it is jurisdictional or not (I think it is clearly jurisdictional) Stopa is both right on the law and right on his challenge to the Court on the grounds of BIAS.

The concurring opinion of the court actually says that the court is ruling for the homeowner because it must — but asserts that it is leading to a result that fails to expedite cases where the outcome of the inevitable foreclosure is never in doubt. In other words, the appellate court has officially taken the position that we know before we look at a foreclosure case that the bank should win and the homeowner should lose. The entire court should be recused for bias that they have put in writing. What homeowner can bring an action or defend an action where the outcome desired by the courts in that district have already decided that homeowners are deadbeats and their defenses are quite literally a waste of time? Under the rules, the Court should not hear the the motion for rehearing en banc, should vacate that part of the decision that sets up the rube certified question, and the justices who participated must be recused from hearing further appeals on foreclosure cases. 

Lest their be any mistake, and without any attempt to step on the toes of Stopa’s courageous brief on an appeal he already won, I wish to piggy back on his brief and expand certain points. The problem here might be the subject of a federal due process action against the state. Judges who have already decided foreclosure or mortgage litigation cases before they even see them are not fit to hear them. It IS that simple.

The question here was stated as the issue of standing at the commencement of the lawsuit. Does the bank need to have a claim before it files it? The question is so absurd that it is difficult to address without a joke. But this is not funny. The courts have rapidly evolved into a position that expedited decisions are better than fair decisions. There is NOTHING in the law that supports that position and thousands of cases that say the opposite is true under our system of law. Any judge who leans the other way should be recused or taken off the bench entirely. 

In lay terms, the Appellate Court’s certified question would allow anyone who thinks they might have a claim in the future to file the lawsuit now. And the Court believes this will relieve the clogged court calendars. If this matter is taken seriously and the Supreme Court accepts the certified question for serious review it will merely by acceptance be making a statement that makes it possible for all kinds of claims that anticipate an injury. 

It is bad enough that judges appear to be ignoring the requirement that there must be an allegation that a loan was made by the originating party and that the Plaintiff actually bought the loan. This was an obvious requirement that was consistently required in pleading until the courts were clogged with mortgage litigation, at which point the court system tilted far past due process and said that if the borrower stopped paying there were no conditions under which the borrower could win the case. 

It is bad enough that Judges appear to be ignoring the requirement that the allegation that the Plaintiff will suffer financial damage unless relief is granted. This was an obvious requirement that was consistently required in pleading until the mortgage meltdown. 

Why is this important? Because the facts will show that lenders consistently violated basic and advanced protections that have been federal and State law for decades. These violations more often than not produced an unenforceable loan — as pointed out in law suits by federal and state regulators, and as pointed out by the lawsuits of investors who were real lenders who are screwed each time the court enters foreclosure judgment in favor of the bank instead of the investor lenders. 

It is not the fault of borrowers that this mess was created. It is the fault of Wall Street Bankers who were working a scheme to defraud investors by diverting the real transaction and making it appear that the banks were principals in the loan transaction when in fact they were never real parties in interest. Nobody would seriously argue that this eliminates the debt. But why are we enforcing that debt with completely defective mortgage instruments in a process that confirms the fraud and ratifies it to the damage of investors who put up the money in the first place? The courts have made a choice that is unavailable in our system of law. 

This is also judicial laziness. If these justices want to weigh in on the mortgage mess, then they should have the facts and not the stories put forward by Wall Street that have been proven to be pure fiction, fabrication, lies and perjury. That the Court ignores what is plainly documented in hundreds of thousands of defective mortgage transactions and the behavior of banks that resulted in “strangers to the transaction” being awarded title to property — that presents sufficient grounds to challenge any court in the system on grounds of bias and due process. If ever we had a mass hysteria for prejudging cases, this is it. 

Neil Garfield | October 4, 2013 at 9:26 am | Tags: bias, Mark Stopa, motion for rehearing en banc, recusal, removal of judge, standing | Categories: CORRUPTION, Eviction, foreclosure, foreclosure mill, investment banking, Investor, MODIFICATION, Mortgage, Motions, Pleading, politics, securities fraud, Servicer | URL: http://wp.me/p7SnH-5GX

From DeadlyClear’s Blog

http://deadlyclear.wordpress.com/2013/03/29/jpmorgan-chase-beaten-by-beaton-pro-se-hallelujah/

 

JPMorgan Chase Beaten by Beaton, Pro Se! Hallelujah!

Posted on March 29, 2013

beaten by a girlPro Se Plaintiff Deborah Beaton filed a Complaint against JPMorgan Chase wherein Defendant Northwest Trustee Services, Inc. (“NWTS”) joined in a Motion to Dismiss with Chase. In her Second Amended Complaint (SAC), Beaton alleges three causes of action:

  • (1) Violation of the Federal Debt Collection Practices Act (“FDCPA”) against NWTS,
  • (2) Incomplete Indorsement/Chain of Title, and
  • (3) violations of the Washington Deed of Trust Act (“DTA”).

USDC Honorable Richard A. Jones gave Beaton her causes of action (1) and (2) against the defendants’ Motion to Dismiss… and the beat goes on!

slapIn their normal “too big to get slapped down” modus operandi, Northwest Trustee Services filed additional paperwork well beyond the local rule limits…probably thinking the Judge wouldn’t notice. However, Judge Jones noted in his Order (click for order),

“Allowing NWTS to join in Chase’s motion and provide additional briefing would result in a combined brief of 35 pages. This would violate this District’s Local Rules. NWTS did not file a separate motion or request leave to file an over-length brief, and the court will not treat NWTS’s joinder as a separate motion since it did not follow the requisite procedures regarding noting dates. Accordingly, the court has disregarded all argument beyond the 24-page limit of the opening brief (i.e., page 8 through 15 of NWTS’s motion), and beyond the 12-page limit of the reply (i.e., page 7 through 9).”

wamujpg-063393b01f591f63_largePer the Order, in August 2008, Beaton executed a promissory note for $271,950.00, payable to the order of Washington Mutual Bank, FA (“WaMu”), which was secured by a deed of trust. The deed of trust lists WaMu as “lender,” the lender as “beneficiary,” and Ticor Title Company as “trustee.” The Court also footnoted its Judicial Notice:

“The Court generally may not consider material beyond the pleadings in ruling on a motion to dismiss. Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001). However, where documents are referenced extensively in the complaint, form the basis of plaintiffs’ claim, or are subject to judicial notice, the Court may consider those documents in the context of a motion to dismiss. United States v. Ritchie, 342 F.3d 903, 908-09 (9th Cir. 2003). In its prior order, the court took judicial notice of the following exhibits attached to Exhibits 1 (Statutory Warranty Deed), 2 (Note), 3 (Deed of Trust), 5 (Sept. 25, 2008 agreement between FDIC and Chase), 6 (Appointment of Successor Trustee), 7 (Notice of Trustee Sale), 8 & 9 (various publicly recorded instruments/documents by Beaton) because they are publicly recorded documents not reasonably subject to dispute. Chase appears to rely on these same documents in its motion. Additionally, plaintiff incorporates by reference a “Notice of Default” in her SAC. NWTS has attached the Notice of Default as Exhibit 4, and plaintiff does not dispute its authenticity or accuracy. The court takes judicial notice of these documents. The court has disregarded plaintiff’s “Affidavit of Civil Rights Violations Committed” because it is not subject to judicial notice.”

FDCPA – Fair Debt Collection

excellent

Excellent work by a Pro Se. Although the Court footnoted that the “plaintiff does not dispute” theauthenticity or accuracy of the Notice of Default, clearly she did as in the Order later stated on page 3 where Judge Jones points out:

“Beaton alleges that WaMu may have transferred or negotiated the note prior to September 25, 2008, and that it remains undetermined if Chase is in fact the actual beneficiary. On November 14, 2010, NWTS, as Chase’s “duly authorized agent,” sent Beaton a “Notice of Default,” in which NWTS advised that if Beaton disputes the debt or any portion of the debt, it will request that the creditor obtain verification of the debt and mail it to her. Beaton alleges that by letter, she disputed the debt and requested validation, and that NWTS failed to comply with the FDCPA.

The Order continues, “[F]or a complaint to survive a motion to dismiss, the non-conclusory ‘factual content,’ and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief.” Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949 (2009).”

The Court then describes in detail the definition of a “debt collector”…

no-short-cuts“To the extent that Chase acquired Beaton’s loan in 2008 before she defaulted, it falls within the section 1692a(6)(F) exemption of “debt collector.” NWTS was appointed as successor trustee on November 29, 2010. However, Beaton had been in default since approximately July 1, 2010. Accordingly, NWTS does not fall within the same exemption. Beaton alleges that the identity of the “Note Bearer/Creditor remains unknown[,]” that it remains undetermined if Chase is the actual beneficiary pursuant to RCW 61.24.005(2), and that NWTS violated FDCPA and damaged the Plaintiff by foreclosing her property.

Liberally construed, the court finds that Beaton has plausibly alleged that NWTS attempted to collect on a debt that may not have been owed to Chase, which may have violated the FDCPA. See McDonald II, 2013 WL 858178 at *12 (“At the time [NWTS began the foreclosure process], NWTS had not been appointed successor trustee and was not acting on behalf of the entity that had actual physical possession of the note: it therefore lacked the right to effect dispossession of plaintiff’s property. Plaintiff has established that NWTS violated § 1692f(6)(A) of the FDCPA.”); Michelson v. Chase Home Finance, LLC, Case No. C11-1445MJP, 2012 WL 3240241, *5 (W.D. Wash. Aug. 7, 2012) (“NWTS and RCO may have violated the FDCPA because they did not yet have confirmation of Chase’s right to possess the property, and thus may have violated § 1692f(6)(A)”).

Accordingly, Beaton’s FDCPA claim may proceed against NWTS.

DTA (Deed of Trust Act)

the-law-office-sign“The DTA regulates mortgage transactions in which a lender issuing a promissory note or other debt instrument to a borrower can secure the debt via a deed of trust. Bain v. Metro. Mortgage Group, Inc., 285 P.3d 34, 38 (Wash. 2012). The borrower becomes the grantor of the deed of trust and the lender becomes the beneficiary of the deed of trust. Id. A trustee holds title to the property in trust for the lender. Id. If the borrower defaults on the loan, the trustee “may usually foreclose the deed of trust and sell the property without judicial supervision.” Id. Because the DTA “dispenses with many protections commonly enjoyed by borrowers under judicial foreclosures, lenders must strictly comply with the statutes and courts must strictly construe the statutes in the borrower’s favor.” Albice v. Premier Mortgage Servs., Inc., 276 P.3d 1277, 1281 (Wash. 2012).

Among the statutory protections requiring strict compliance are the “requisites to a trustee’s sale” enumerated at RCW § 61.24.030. Albice, 276 P.3d at 1281, 1282 (“Without statutory authority, any action taken is invalid.”); see also Schroeder v. Excelsior Mgmt. Group, LLC, No. 86433-1, 2013 WL 791863, *8 (Wash. Feb. 28, 2013). Trustees must also strictly comply with the sale procedures itemized at RCW § 61.24.040. Albice, 276 P.3d at 1282.

Beaton’s SAC places several DTA requirements at issue. Plaintiff alleges that Chase and NWTS materially violated the DTA by providing a defective beneficiary declaration, a defective notice of default, a defective notice of trustee’s sale, defective appointment of successor trustee, and a defective trustee’s deed. Plaintiff alleges that all of the “defects” are for the same reasons that the beneficiary declaration is defective.

The DTA requires the trustee to “have proof that the beneficiary is the owner of any promissory note or other obligation secured by the deed of trust.” RCW § 61.24.030(7)(a); see also Bain, 285 P.3d at 39 (citing trustee’s statutory obligation to obtain proof of beneficiary’s ownership of the note as element of its duty to the grantor of the deed of trust). Defendants complain that courts across the country, including federal courts in Washington, have rejected “show-me-the-note” arguments like Beaton’s. This court recently suggested that in the wake of Bain, it is time to retire the reductive “show-me-the-note” meme, at least in cases arising under Washington law. Knecht v. Fidelity Nat’l Title Ins. Co., Case No. C12-1575RAJ. In Washington, proof that the beneficiary holds the note secured by a deed of trust is a statutory requisite to a trustee’s sale. RCW § 61.24.030(7)(a).” [DC Ed. “Should be that way in every state.”]

wow!“Defendants direct the court to a beneficiary declaration which provides: “JPMorgan Chase Bank, N.A. successor in interest to Washington Mutual Bank fka Washington Mutual Bank, FA is the actual holder of the promissory note or other obligation evidencing the above-referenced loan or has requisite authority under RCW 62A.3-301 to enforce said obligation.” Even if the declaration is properly subject to judicial notice, the Washington Supreme Court has made a clear pronouncement of strict compliance with statutory provisions of the DTA. According to the declaration, Chase could be a nonholder in possession or a person not in possession who is entitled to enforce the instrument (see RCW § 62A.3-301), neither of which is proof that “the beneficiary is the owner of any promissory note or other obligation secured by the deed of trust.” RCW § 61.24.030(7)(a).”

The Court clearly opines:
“If Chase was not the holder of the note, it did not have the authority to appoint NWTS as a successor trustee, and NWTS did not have authority to initiate foreclosure proceedings without knowledge of the beneficiary as required by RCW 61.24.030(7). This would result in a material violation of the DTA. Accordingly, Beaton has plausibly alleged a violation of the DTA that survives dismissal.

Let's go“IV. CONCLUSION
For all the foregoing reasons, the court GRANTS in part and DENIES in part Chase’s motion. The Clerk is ORDERED to enter an amended case schedule with a trial date of January 6, 2014.”   Let’s buy tickets! Thank you Shelley for the heads up.

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