Monday, February 18, 2008

Legal Question Challenge (February 4, 2008)

On the 23rd judge Alsup ruled on the motion for acquittal. It was denied as expected but one thing promising was obtained. This is something that I've been saying all along but now have the judge's stipulation. I have said that they pled only financial institutions as victims and that none appeared at trial. If you read his order of that day you will find that he agrees with the evidence issue but quotes this case 727 F.2d. 1293, (1984) U.S. v. Coachman as justification that none were required. My contention for many reasons is that they absolutely are required. This is a question in legal terms called the sufficiency of the evidence. If the appeals court reviews this it is simple. If Mr. Alsup is right the verdict sticks, if wrong the verdict is thrown out and no retrial is possible. These are fairly hefty stakes. I wanted to pose the issue to you as a study challenge to see if you can comfort yourself or figure out that I am a liar. My opinion is simple and I give you my case in support. 256 F.2d. 306, 311, 312 U.S. v. Alsugair (D.N.J. 2003) If they can do the bait and switch on the victim then congress has no right to punish others for the practice or to consider it a violation of public policy. Further I will add that mail fraud is a specific intent crime meaning they must determine that I had a mindset to swindle. Is it possible for someone to intend to defraud and in his intention contemplate someone else's something else without contemplation? Is it possible for a reasonable trier of fact to think that the human mind is possible of intentions not thought of? You might say here that other victims were proved so what does it matter? Let's try this idea on a rape charge. The victim listed in the indictment never appears but some other women never contemplated, appears and uses the facts of the rape incident of the other woman and obtains a conviction. Is this how your reason would work as a juror? Please tell me you're not as retarded as the gaggle forced upon me. Perhaps the smart people can come forward on this issue. Certainly this is right up the alley of JDJD, or Bean Head, maybe even Notorial D. Here is your chance to convince everyone that I don't have a snowballs chance in hell and that I got a fair trial. You and judge Alsup would be in agreement so you have the advantage. Show everyone how smart you are. Minute entry 14 is the superseding indictment but it was substantially redacted before it went to the jury. All the bank fraud and wire fraud charges were redacted with the contempt charges. If you review this you must redact those out and then look at it as the jury saw it. Do you think that the financial institutions were a necessary element to be convicted beyond a reasonable doubt or not will be the conclusion you must arrive at? Count one the conspiracy charge had no redactions.

101 comments:

provb1022 said...

I know your bored with this and have better things to do ND but since you have more experience than any one here please comment for the rest of us that have our heads in the sand. Surely you can and have an obligation to spare us any hope of Kurt and
Scotts release.

Honest Impartial By-stander said...

I do not care what Notary Dissent has to say because he is uninformed...just another brainwashed monday morning quarter back trying to expound in something he thinks he knows the law.....Offer and acceptance...contract and the UCC...thats it....no substance behind the money equals no law...statutes codes, court cases,...will hang you if you use them to defend or make offensive attack on another.they are copyrighted property and can only be used by a BAR registed attorney or officer of the court...which Kurt is not...but he still may reap consiquences for his actions and choice of defense...I would not plea...I would not sign anything...ever.. I would refuse there offer of contract..and state for the record I do not consent to these proceedings and I do not accept your offer..period...I would reassign the fiduciary of the states creation where my birth certificate was created by the state registar...by reassigning the fiduciary back to the originator....state registar...this action collaspes the trust account JOHN JACOB DOE....then recind all signatures on all contracts...driver license....bank accounts...voter registration social security..etc etc etc etc...
Bond the judge...arrest his bond...if your in prison,, bond the warden...this is not my opinion..this is cold hard fact...you can read for yourself in a 6 volume set of law books..published in the 1930s.titled..THE NATIONAL LAW LIBRARY....I do not care about you bloggers making your mindless comments...type before you think is beyond most of your capabilities...there are a few ways this whole trial business could be ended....KURT is the one and only person who will make his choice...question is will he make the right choice...so far..I dont believe he has...be choosing to fight by there rules...makes you a loser....I will be surprised if Kurt is released as he believes..we are not dealing with people who play fair....they lie, cheat, steal, murder..cover-up...shift the blame.exclude evidence that would aquit or bring in a not guilty verdict..etc etc etc...the justice system is run by spoiled children who cry whine and pout if they dont get there way in a trial....the best thing to do at this point is to separate yourself from them entirely...this is explained in those law books and works perfectly if done correctly...Ive witnessed it...so there..you have it...my two cents....

sopsback said...

.you can read for yourself in a 6 volume set of law books..published in the 1930s.titled..THE NATIONAL LAW LIBRARY....


they lie, cheat, steal, murder..cover-up...shift the blame.exclude evidence that would aquit or bring in a not guilty verdict..etc etc etc

======================


queston: if yo thnkg the above, then are you making a contradition of yoself??


if they lie, chat, steel, and don play fair, wha makes yo think that they will let yo get assess to the law books in the NATIONAL LAW LIBRARY© ???

sopsback said...

yes, THE EDITOR of world reports has been reading my posts here about the OT and its succession by the NT

notorial dissent said...

Comes now the Bilge Report for February 4, 2008

Wherein Kurt is off building cloud castles in Spain, but there is a problem, the building inspector came through and declared that they were but vapor castles and not worth the imaginary paper they were written on.

Too bad Kurt, but, just like all the rest of your fantasies, just so much more hot air.

Kurt blusters
I have said that they pled only financial institutions as victims and that none appeared at trial. My contention for many reasons is that they absolutely are required.

You can contend all you want, but the fact is that they are not. The crime was in using the mail to commit fraud, the filing of the fraudulent documents sent to the public trustees and others.

Kurt expostulates
If Mr. Alsup is right the verdict sticks, if wrong the verdict is thrown out and no retrial is possible.

You are getting more delusional than when you started. The verdict is valid, the Appeals Court will not reverse, and even if they were to, all that would happen is a re-trial, at which they can refile any and all charges they want to. You lost the first time, you would lose the next as well.

Kurt pronounces
My opinion is simple and I give you my case in support.

You are simple minded if you think U.S. v. Alsugair is going to get you anywhere, since it has nothing to do with your charges. You were convicted on the charges brought to trial.

Kurt blathers
Further I will add that mail fraud is a specific intent crime meaning they must determine that I had a mindset to swindle.

BS, you filed documents you had not legal right to file, with the anticipation of unlawful enrichment of yourself and your clients/victims. Filing documents you have no legal authority to file, whether or not they are acted upon, constitutes fraud.

Nice, and disgusting try at deflection Kurt, about what I have come to expect from you, but as usual a useless exercise. The crimes you were charged with were the ones you were convicted of, and that is all that is necessary, that there were exacerbating factors only adds to the time to be served.

Kurt makes further pronouncement
Here is your chance to convince everyone that I don't have a snowballs chance in hell and that I got a fair trial.

I don’t have to convince anyone of anything. The facts spoke for themselves, and you were convicted of the fraud you committed. That the clueless and morally bereft will choose to see it the other way is not my problem, since in the end the only thing that will matter is that you will be going away to prison for a very long time.

Kurt whines some more
All the bank fraud and wire fraud charges were redacted with the contempt charges. If you review this you must redact those out and then look at it as the jury saw it. Do you think that the financial institutions were a necessary element to be convicted beyond a reasonable doubt or not will be the conclusion you must arrive at?

Regardless of the original indictment, there is no requirement that the entire laundry list of charges be brought to trial, an indictment only says that there was sufficient evidence of those crimes having been committed to take the matter to trial. All that matters in the final analysis is what charges were brought to trial, what evidence of the crime the jury saw and acted on, and what their verdict was. You were charged with mail and wire fraud, evidence of the crimes was presented, and proof was deemed sufficient by the jury, and they convicted. Beyond that too bad, so sad, hope you like prison food, since you will get to eat a lot of it over the next 400 years.


provb1022, I have no obligation to spare you or show you anything. The dim duo have sown their own field of woe, and now it is their time to reap it. They put themselves where they are by their own duplicity and falsity. What you do or don’t like is of no concern to me. If you choose to believe the nonsense Kurt and Moogey dispense, then so be it. When you deal in lies and deceit, do not be surprised when it comes home to roost.

bystander, I’m impressed, you managed to cobble together a complete mass of nonsense to the point of almost making soppy sound sane.

Detego said...

Hello All,

Thank you Kurt and Scott for making the ultimate decision to expose the bastards and save this Country. And thxs to all the wonderful positive participants who want to make a difference and spend time understanding the word art that is the disgrace of our current laws.

Guys, I've got problems trying to quash the UCC County Clerk and UCC Sheriff; who fail silent on my demands as did the UCC CIVIL COURT. They now move in concert via secret meetings to defraud. Can anyone provide me the appropriate document to halt these criminals (at least Sheriff and Clerk)?

I basically have till end of today, "literally" we have had NO Notices and no time. This has been a 40 day nightmare, after i exposed the bank for not producing my note and certified proof of Debt; and the Sheriff for promoting UCC on his website.

I'll give greater detail later, lets just say, I no longer work for the bank, we had the entire Sheriff dept here at our house at midnight, claiming they got a tip our only minor child in the house (17) was thinking of committing suicide in the night; She of course had been sowing all day on the children's outfits she promised her Sunday church class she'd have finished.

Best reagrds

Scott from Vineland said...

detego said...
Guys, I've got problems trying to quash the UCC County Clerk and UCC Sheriff; who fail silent on my demands as did the UCC CIVIL COURT. They now move in concert via secret meetings to defraud. Can anyone provide me the appropriate document to halt these criminals (at least Sheriff and Clerk)?

I basically have till end of today, "literally" we have had NO Notices and no time. This has been a 40 day nightmare, after i exposed the bank for not producing my note and certified proof of Debt; and the Sheriff for promoting UCC on his website.
___________________________________
Sadly, I think you better go rent a U-Haul and figure out where to store your personal belongings.

This is the real tragedy... that people who may have legitimate problems are placing all their faith in a pipe dream. In the end, banking will go on in much the same way that it always has. Regular folks like detego are the ones who are losing everthing for a lie.

habakkuk said...

Ok, now i'm convinced that Notorial Dissent is not a real person....but a computer program...kinda like an auto responder programmed to respond every 2 or 3 days.

habakkuk said...

Scott from V said.....
In the end, banking will go on in much the same way that it always has.

___________________________________

THATS WHERE YOU'RE WRONG SCOTT.....THE CLOCK IS TICKING FOR THIS BANKING SYSTEM. G-D IS GOING TO SHAKE THIS THING AND IF YOU ARE STANDING IN THE WRONG SPOT IT MIGHT COME DOWN ON YOU. AS A MATTER OF FACT THE SHAKING IS STARTING. IT MAY BE JUST TREMORS NOW BUT YOU WATCH.

SOME HAVE USED MAN'S REMEDYS TO TRY AND REDEEM THEMSELVES...AND I HAVE RESPECT FOR THESE THAT HAVE STUDIED (INCLUDING KURT, SCOTT AND THE DG)...BUT IT IS BECOMING CLEAR TO ME THAT UNLESS WE MIX THESE STRATEGIES WITH G-D'S WISDOM AND INSTRUCTION WE WILL FAIL. THATS WHY I DIDN'T GET SPOOKED BY THE FACT THAT KURT STARTED TALKING ABOUT SPIRITUAL THINGS IN ADDITION TO HIS WHAT HE HAS STUDIED THRU THE YEARS. I BELIEVE WE NEED BOTH. BUT IN THE END EVERYONE WILL ACKNOWLEDGE THAT IT WAS G-D'S DOING. WE WERE JUST BEING OBEDIENT TO SAY AND TO DO WHAT G-D TOLD US.

I AM DECLARING THAT WE HAVE ENTERED G-D'S SEASON OF RECOVERY AND RESTORATION

Scott from Vineland said...

habakkuk said...
Ok, now i'm convinced that Notorial Dissent is not a real person....but a computer program...kinda like an auto responder programmed to respond every 2 or 3 days.
___________________________________
If that's the case, whoever wrote the code was clearly a genius! ;-)

habakkuk said...

And anyone who is on this blog that does not know and have a relationship with the SAVIOR YASHUA (JESUS)....You need to do it NOW.

I beileve that when they see the signs and wonders that are about to happen many will start to ask just like they did the apostles..."what must i do to be saved". Because it wasn't the preaching alone that made them want to be saved...it was the signs and wonders that followed.

I have been "preaching" on this blog for a couple years now and have been made fun of...but thats ok...i expect that. But i believe the words i have shared are about to be backed up with some demonstration.

sopsback said...

LOLOLOLO!!!!!!!



hey, scoot from everthing "fine"land

assuming yo are a reel person, are yo gong to be lokking for a new ling of work??

if the banks relly go to a gold banked system, then yo will be out of a job.

then what yo gong to do?


don forget, if they ever offer universal mortgege fogiveness, dont take it, becuse you siad the the banks are just....


as in "just dong what they alwasys do"

robbing everynone!

notorial dissent said...

detego, I feel sorry for you, but you are barking at non existent weasels. The UCC has nothing to do with the Sheriff or county clerk, or what is happening to you.

The UCC is only valid on commercial business transaction, has nothing to do with real estate or mortgage transactions.

near the end said...

ND you give no proof on anything that you say on this Blog. Your a loser and everyone here will agree.

The fact that you still post here proves my point.

I bet you get beat up alot.

Hee Hee Hee!!!LOL.

sopsback said...

The UCC is only valid on commercial business transaction, has nothing to do with real estate or mortgage transactions.
==================


yes, i am afrid taht hes right.

ucc has noting to with r.e. or morgages...


UCC = Utterly Corrupted Courts

so it only apply if yo gong to tryal.

Scott from Vineland said...

Hab said...
I have been "preaching" on this blog for a couple years now and have been made fun of...but thats ok...i expect that.
___________________________________
To suffer for the cause of Christ is the inevitable price of obedience, Hab. We don't always agree but I have always appreciated your conviction.

Scott from Vineland said...

SOP said...
hey, scoot from everthing "fine"land

assuming yo are a reel person, are yo gong to be lokking for a new ling of work??

if the banks relly go to a gold banked system, then yo will be out of a job.

then what yo gong to do?
___________________________________
It's like I've told you guys over and over, I'm not getting rich doing this. If this country's banking system (or international banking for that matter) goes down the toilet, I will find another way to feed and clothe the fam. I'm not a one-trick pony, believe it or not.

SOP said...
don forget, if they ever offer universal mortgege fogiveness, dont take it, becuse you siad the the banks are just....
___________________________________
Wouldn't hold my breath if I were you guys.

Scott from Vineland said...

Hab said...
BUT IN THE END EVERYONE WILL ACKNOWLEDGE THAT IT WAS G-D'S DOING. WE WERE JUST BEING OBEDIENT TO SAY AND TO DO WHAT G-D TOLD US.
___________________________________
In the end, every knee will bend and every tongue confess but I don't think the Dorean Group or even the world banking system will be the focus of God's attention at that point.

Yetter said...

If I see these two assholes laying in the road, remind me to just run overum.

mogel007 said...

Notarial Dissent said: "Filing documents you have no legal authority to file, WHETHER OR NOT they are acted upon, constitutes fraud.
________________________________

Certainly doesn't apply to the court hearing as you interpret things. According to what you previously said, you have to act upon the documents & mail these items to be recorded in order to talk about what is RELEVANT TO THE CONVICTIONS, don't you, namely mail fraud? You've totally dismissed the bank fraud as being important.

Or can it be mail fraud IN YOUR VIEWPOINT, by putting together an instrument & NEVER BOTHERING TO MAIL IT & never acting upon it?

Course a few posts ago, you were NOT talking about fraud in general, YOU WERE talking about "Mail fraud" as the only RELEVANT issue, remember ???????
Is your dementia kicking in again?

Was the Dorean Group convicted of "fraud" in general? If not, it certainly doesn't apply to the discussion, does it? Why confuse things with MORE IRRELEVANCE THAT DON'T APPLY TO REALITY?

No legal authority to file? How about the doctrine of "agency by estoppel" that wasn't discussed in depth or disproven by the facts of record in the court?

mogel007 said...

Notarial Dissent said: "The UCC is only valid on commercial business transaction, has nothing to do with real estate or mortgage transactions."
_______________________________

Notarial Dissent will next get you to believe that promissory notes have nothing to do with real estate too or mortgage transactions & aren't relevant too.

Tell that also to your loan closing agent that the promissory note isn't relevant to sign, because the lender is ONLY getting a lien on the real estate, not a real asset of any kind through your promissory note.

He'll later get you to believe that "commercial business transactions" aren't related at all to real estate or mortgage transactions too in any way, shape, or form.

He's the expert on relevancy. His expertise & logic will make you believe that the defendants must go free if you listen to him long enough.

mogel007 said...

Notarial Dissent said: "The UCC has nothing to do with the Sheriff or county clerk, or what is happening to you."
_________________________________

Just change the work, "UCC" with the word "law" & see how that sounds to you:

"The law has nothing to do with the Sheriff or county clerk, or what is happening to you."

Maybe Notarial Dissent believes that the UCC ISN'T law, even though it's called the "Uniform Commerical Code" & is adopted in all the States, and that the Sheriff's job has nothing to do with law or enforcing the law or even believing that any property rights come from the UCC. If one believes the UCC doesn't apply to them or their property rights, a person or corporation would never look for any protected rights there in the code would they?

I'm sure Notarial Dissent will come up with a cute response.

sopsback said...

pretty soon, it aint goanna matta anyway.


can yo say...

"economic meltdown?"


better off if you can at least spell it if yo cant say it cause it comin'


stox up yo can food...turlet paper, nakpins, etc...



archie bukner used to yooze a lot of turlet paper

sopsback said...

only one gonna striath out this mess the counry in.

they gonna have to hire james west from "wild, wild, west" and brig back his sidekik, artemus gordon.

and while they at it, mite as well bring bak they pres too.

ulysses s. grant


yo know him? he the gee on the $50


what a show taht was.....

notorial dissent said...

Moogie tries another rant
Certainly doesn't apply to the court hearing as you interpret things. According to what you previously said, you have to act upon the documents & mail these items to be recorded in order to talk about what is RELEVANT TO THE CONVICTIONS, don't you, namely mail fraud? You've totally dismissed the bank fraud as being important.

Wrong again Moogs, what I said was that the act of creating the documents and then mailing them was the crime, it didn’t matter if they had been acted upon by the receivers. I said nothing about the bank fraud, since it wasn’t introduced at trial as a charge.

Moogie misconstrues again
Or can it be mail fraud IN YOUR VIEWPOINT, by putting together an instrument & NEVER BOTHERING TO MAIL IT & never acting upon it?


If it is never introduced into the mails, then it by definition cannot be “mail fraud” but does not remove it from the category of intended fraud.

and again
Course a few posts ago, you were NOT talking about fraud in general, YOU WERE talking about "Mail fraud" as the only RELEVANT issue, remember ???????

Yes, Moogs, mail fraud was and is the issue, despite your attempts at deflection.

and still again
Was the Dorean Group convicted of "fraud" in general? If not, it certainly doesn't apply to the discussion, does it? Why confuse things with MORE IRRELEVANCE THAT DON'T APPLY TO REALITY?

Nice try Moogs, but the charge was and remains, mail fraud.

Moogie silliness
Notarial Dissent will next get you to believe that promissory notes have nothing to do with real estate too or mortgage transactions & aren't relevant too.

And I said this where? Just you trying to muddy the waters, Moogs.

Moogie trying desperately
Tell that also to your loan closing agent that the promissory note isn't relevant to sign, because the lender is ONLY getting a lien on the real estate, not a real asset of any kind through your promissory note.

Again more Moogey nonsense. The note is the promise to pay/repay the loan for the real property, the Trust Deed is the actual lien and surety for the note.


and some more
He'll later get you to believe that "commercial business transactions" aren't related at all to real estate or mortgage transactions too in any way, shape, or form.

And he’ll be right. Commercial, personal property, moveables, etc are governed by the UCC, which specifically says it only applies to transactions of this type. Real estate is governed by the real property laws of the state where the real property exists. Moogey still hasn’t figured this out. Whole different set of rules and laws and court procedures.


Moogie trying to be funny
He's the expert on relevancy.

If you say so Moogs, just as you are the expert on nonsense and fiction about real estate, the law in general, and financial transactions in particular.

Moogie just trying
Just change the work, "UCC" with the word "law" & see how that sounds to you:

Again with more Moogey nonsense. The UCC cannot be used to stop a foreclosure or a criminal proceeding or any other legal proceeding for that matter. The only thing a county clerk cares about is the recording of financial statements for financing, the sheriff is only involved if there is a court order coming out of a UCC proceeding. And none of them have anything to do with real estate.

Moogie’s last gasp
Maybe Notarial Dissent believes that the UCC ISN'T law, even though it's called the "Uniform Commerical Code" & is adopted in all the States, and that the Sheriff's job has nothing to do with law or enforcing the law or even believing that any property rights come from the UCC. If one believes the UCC doesn't apply to them or their property rights, a person or corporation would never look for any protected rights there in the code would they?

And where did I say this or anything to that effect? You’re babbling Moogs. The UCC is about processing commercial transactions, and the only property rights it contemplates are to intangibles, i.e. paper/securities. If you are dealing in securities or movable goods it has a lot to say, it says nothing about real estate, and has no validity in real estate transactions. In any event all enforcement of the UCC is done by and in the courts.

Sorry Moogs, I’ll leave cute to you, I’ll settle for reality. The UCC is about commercial transactions not real estate.

habakkuk said...

THE FATHER HAS A CERTAIN WAY HE SPEAKS TO ME....AS HE DOES TO ALL HIS CHILDREN. A FEW HOURS AGO I WAS TALKING TO MY FRIEND IN MANCHESTER, ENGLAND. THEN A HALF HOUR AGO SHE SENDS ME A TEXT THAT THEY HAD AN EARTHQUAKE THAT SHOOK HER HOUSE...VERY UNCOMMON FOR THAT AREA. HER AND HER ROOMATES WOKE UP SCARED STIFF.

EARLIER TODAY I POSTED ON THIS BLOG:

"THATS WHERE YOU'RE WRONG SCOTT.....THE CLOCK IS TICKING FOR THIS BANKING SYSTEM. G-D IS GOING TO SHAKE THIS THING AND IF YOU ARE STANDING IN THE WRONG SPOT IT MIGHT COME DOWN ON YOU. AS A MATTER OF FACT THE SHAKING IS STARTING. IT MAY BE JUST TREMORS NOW BUT YOU WATCH."

THEN IN THE NEWS AFTER THE QUAKE:

MANCHESTER, England - An earthquake struck Britain early Wednesday and was felt across large parts of the country.

Many people in southern, central and northern England reported feeling their homes shaken by the earthquake in a country where such tremors are uncommon.

BACKGROUND ON MANCHESTER:
Manchester is a focus for businesses which serve local, regional and international markets.[75] It is one of the largest financial centres in Europe with more than 15,000 people employed in banking and finance and more than 60 banking institutions.

OK SCOTT, YOU MIGHT THINK THATS A STRETCH...I PERSONALLY THINK IT WAS A SIGN FOR ME.

GET READY FOR A RIDE FOLKS.

sopsback said...

"...and they will be earthquaks in divers places...."

Detego said...

In my situation there was zero response from the Sheriff, County Clerk or Civil Court. No one would deny my Affidavit and non provided any documentation (proof of service).

In pursuing the County Clerk, and proving that the current recorded was nothing but non-certified-bootleg documents; they actually had me escorted from the building.

I'm completely aware that the Civil court has no Jurisdiction over this natural born sovereign, my certified affidavit was very specific. What were dealing with is elected robots who think their office of the people, within the republic, is just a paycheck from the GOVERNMENT!

I've been told by an Insider that the Sheriff will be at my door before sundown tomorrow, to evict me. We've prepared many with video and sound to capture the event.

"Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action." Melo v. US, 505 F2d 1026

"There is no discretion to ignore that lack of jurisdiction." Joyce v. US, 474 F2d 215.
"The burden shifts to the court to prove jurisdiction." Rosemond v. Lambert, 469 F2d 416.
"Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted." Lantana v. Hopper, 102 F2d 188

"There is in our political system [two governments], a government of the Several [50] States, and a government of the United States. Each is distinct from the other and has citizens of its own. A person may be a citizen of the United States and of a State, and as such have different rights." U.S. v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588.

A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. Thus, if a court is authorized by statute to entertain jurisdiction in a particular case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no application, the judgment rendered is void. The lack of statutory authority to make particular order or a judgment is akin to lack of subject matter jurisdiction and is subject to collateral attack. 46 Am. Jur. 2d, Judgments § 25, pp. 388-89.

A void judgment is to be distinguished from an erroneous one, in that the latter is subject only to direct attack. A void judgment is one which, from its inception, was a complete nullity and without legal effect. Lubben v. Selective Service System, 453 F.2d 645, 649 (1st Cir. 1972)

"Where there are no depositions, admissions, or affidavits the court has no facts to rely on for a summary determination." Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647.

judge allslop said...

I see my little minions are hard at work. Scotty you make me proud. You are Judge material. We have no idea what happened to detego,but no doubt its the dim duos fault, what the hell we have full immunity,nothing can touch us. Not only do we have a 98% prosecution ratio we also have 95% success ratio of complaints against us, there dismissed without investigation.Ah to be a federal judge, life tenure means never having to say your sorry.I should thank Bill Clinton for the opportunity, that boy knows so many creative ways to use a cigar besides smoking it,truely special.And we just got a nice little raise to $250,000 a year, sure appreciate that too.But I really appreciate my good buddy over at the ninth who's always got my back, Alex.He really hated the movie "Snakes on a plane", makes him nervous to fly.Dislikes blogs also.Too self indulgent he claims, but I know he sneaks a little dialoque now and then.They really like him over at Above The Law and Robe Probe.Hell he was voted Paris Hilton of the Federal Judiciary, what an honor.So you folks don't worry about all that fraud and dishonesty through out the entire financial industry, we the emodiement of justice and oracles of the law can make it go away quicker than you can say, acquittal.

Pauligirl said...

mogel007 said...

No legal authority to file? How about the doctrine of "agency by estoppel" that wasn't discussed in depth or disproven by the facts of record in the court?
-----------------------------
If you want to argue "agency by estoppel", then who is the principal, the bank or the homeowner?

sopsback said...

yo done yo self a SLOPpy job of it.

Scott from Vineland said...

Yetter said...
If I see these two assholes laying in the road, remind me to just run overum.
___________________________________
Which two assholes are you referring to? Because personally, I know better than to lay in the road.

Scott from Vineland said...

Hab said...
OK SCOTT, YOU MIGHT THINK THATS A STRETCH...I PERSONALLY THINK IT WAS A SIGN FOR ME.
___________________________________
No, I actually think that is very intriguing. I don't attempt to explain such events away as random coincidence. May be a sign from God, may not. We'll see what else He has to say to us the weeks and months to come.

Scott from Vineland said...

detego said...
I'm completely aware that the Civil court has no Jurisdiction over this natural born sovereign, my certified affidavit was very specific.
___________________________________
OK, now I see where you're coming from. Again, I would recommend that you not over-estimate the legal standing of an affidavit. Anyone can affirm anything they want in affidavit form. And the notary's signature is only a confirmation of the affiant's identity, not the facts presented.

Scott from Vineland said...

judge allslop said...
Scotty you make me proud. You are Judge material. We have no idea what happened to detego,but no doubt its the dim duos fault
___________________________________
Well thanks, your honor! However, I don't recall attributing detego's unfortunate circumstances to the Dorean Group. Let's revisit what I said, shall we?

"Sadly, I think you better go rent a U-Haul and figure out where to store your personal belongings.

This is the real tragedy... that people who may have legitimate problems are placing all their faith in a pipe dream. In the end, banking will go on in much the same way that it always has. Regular folks like detego are the ones who are losing everthing for a lie."

Hmmm, no mention of KJ, SH or DG. Unless YOU are automatically equating the terms "lie" and "pipe-dream" with Kurt, Scott & DG. But certainly that's not true, is it?

habakkuk said...

"We'll see what else He has to say to us the weeks and months to come."

AMEN:)

Honest Impartial By-stander said...

AT THIS POINT IN TIME.....ALL YOU CAN DO IS FILE AN AFFIDAVIT OF NON-ABANDONMENT AFTER YOU HAVE BEEN FORCABLY REMOVED....THEY USE FORCE TO GET YOU TO LEAVE THEN FILE AFFIDAVITS OF ABANDONMENT........THEN STEAL YOUR PROPERTY.....YOU CAN FILE YOUR AFFIDAVIT OF NON-ABANDONMENT
I WILL POST WHAT I HAVE......YOU WILL HAVE TO FORMAT IT....PROPERLY WITH YOU INFO...








From:
Real Flesh and Blood
C/o address
CSZ
Notary Office

Public Notice is here GIVEN
King County Sheriff Notice, et al.

AFFIDAVIT OF NON-ABANDONMENT


I here Real Flesh and Blood hereby state in and for the record, to be recorded in County Records and certified copies mailed out to each and everyone, plus Et Al named and un-named or to be named.

Residence located in King County at 39 26th Avenue North, Redmond, Washington 98000 will not be, is not and has not or never shall be abandoned by the lawful owner of property Real Flesh and Blood.

It is hereby noticed for the public records that Fraud, Coercion, Manipulation, Embezzlement, Racketeering, Extortion, Committing crimes and violating my Private Rights and Private Contracts, and Trespassed on my God Given Rights and Private Property. The following names are the Criminals to be charged, Brian Jessen; HARRISON, BENIS & SPENCE, LLP; LITTON LOAN SERVICING LP; QUALITY LOAN SERVICE of Wash; Carmen Harrera; EASTSIDE FUNDING LLC; Evan L. Loeffler; Larry Litton, Christopher Hall; THE FORECLOSURE GROUP, Et Al.

There was NO Loan or Lien on the subject home, that no amount was due to any of the named above. Due Process was never given to Real Flesh and Blood by any of the mentioned above to prove his rights. Criminal Acts have been perpetrated upon Real Flesh and Blood’s right of Due Process in the Court of Law.

The following names are blamed for not allowing Due Process. Each Oath of Office has been accepted by Real Flesh and Blood. Judge Karen Overstreet; Judge Dean S. Lum; Judge Commissioner Carlos Y. Velategui; Judge Roderick S. Simmons, Director & Superior Court

Injured or Aggrieved party: ___________________________________

___________________________________

____________________________________

Sealed by the voluntary act of my own hand on this 12th day of April, A D




Addressee signature, living soul, Secured Party, number one creditor, preferred stock, Super Plaintiff, first in time first in line, for I/We, Me/Us, My/Our, Myself/Ourselves,



_____________________________ Date, ___________
Real Flesh and Blood
C/o address
CSZ







NOTICE

Using a Notary on this document (proper commercial Affidavit of Truth) does not constitute any adhesion, nor does it alter My status in any manner. The purpose for notary is verification and identification ONLY, a benefit for Pagans and Heathens so they whom I pray may become knowledgeable in the Truth for the laws of equity and by our Holy Father in Heaven and repent, so they will no longer be alienated from their True Unalienable GOD given rights, and not for entrance into foreign Jurisdiction.


State of Washington )
)
King County )

This instrument was acknowledged before me, a Notary Public- Washington on this ________ Day of _________ of our Lord and Savoir Two Thousand and Five, AD

_______________________________________
Notary Public - Washington

Residing at______________________________ Seal


My Commission Expires ___________________

sopsback said...

eb. 22 (Bloomberg) -- Joe Lents hasn't made a payment on his $1.5 million mortgage since 2002.

That's when Washington Mutual Inc. first tried to foreclose on his home in Boca Raton, Florida. The Seattle-based lender failed to prove that it owned Lents's mortgage note and dropped attempts to take his house. Subsequent efforts to foreclose have stalled because no one has produced the paperwork.

``If you're going to take my house away from me, you better own the note,'' said Lents, 63, the former chief executive officer of a now-defunct voice recognition software company.

Judges in at least five states have stopped foreclosure proceedings because the banks that pool mortgages into securities and the companies that collect monthly payments haven't been able to prove they own the mortgages. The confusion is another headache for U.S. Treasury Secretary Henry Paulson as he revises rules for packaging mortgages into securities.

``I think it's going to become pretty hairy,'' said Josh Rosner, managing director at the New York-based investment research firm Graham Fisher & Co. ``Regulators appear to have ignored this, given the size and scope of the problem.''

More than $2.1 trillion, or 19 percent, of outstanding mortgages have been bundled into securities by private banks, according to Inside Mortgage Finance, a Bethesda, Maryland-based industry newsletter. Those loans may be sold several times before they land in a security. Mortgage servicers, who collect monthly payments and distribute them to securities investors, can buy and sell the home loans many times.

Housing Boom

Each time the mortgages change hands, the sellers are required to sign over the mortgage notes to the buyers. In the rush to originate more loans during the U.S. mortgage boom, from 2003 to 2006, that assignment of ownership wasn't always properly completed, said Alan White, assistant professor at Valparaiso University School of Law in Valparaiso, Indiana.

``Loans were mass produced and short cuts were taken,'' White said. ``A lot of the paperwork is done in the name of the original lender and a lot of the original lenders aren't around anymore.''

More than 100 mortgage companies stopped making loans, closed or were sold last year, according to Bloomberg data.

The foreclosure rate, at 1.69 percent of all U.S. homeowners, is the highest since the Mortgage Bankers Association began tracking it in 1993. The foreclosure rate for subprime borrowers, who have bad or incomplete credit and whose mortgages typically are securitized by private banks rather than government-sponsored entities Fannie Mae and Freddie Mac, is at a four-year high, according to the mortgage bankers.

750,000 Homeowners

More than 1.5 million homeowners will enter the foreclosure process this year, said Rick Sharga, executive vice president for marketing at RealtyTrac Inc., the Irvine, California-based seller of foreclosure information. About half of them, 750,000, will have their homes repossessed, Sharga said.

Borrower advocates, including Ohio Attorney General Marc Dann, have seized upon the issue of missing mortgage notes as a way to stem foreclosures.

``The best thing to do is to keep people in their homes and for everybody to take steps necessary to make that happen,'' said Chris Geidner, an attorney in Dann's office. ``These trusts are purchasing these notes, and before they even get the paperwork, they foreclose on people. They become foreclosure machines.''

Lost-Note Affidavits

When the mortgage servicers and securitizing banks that act as trustees of the securities fail to present proof that they own a mortgage, they sometimes file what's called a lost-note affidavit, said April Charney, a lawyer at Jacksonville Area Legal Aid in Florida.

Nobody knows how widespread the use of lost-note affidavits are, Charney said. She's had foreclosure proceedings for 300 clients dismissed or postponed in the past year, with about 80 percent of them involving lost-note affidavits, she said.

``They raise the issue of whether the trusts own the loans at all,'' Charney said. ``Lost-note affidavits are pattern and practice in the industry. They are not exceptions. They are the rule.''

State laws generally make it difficult to foreclose because they favor the homeowner, said Stuart Saft, a real estate lawyer and partner at the New York firm Dewey & LeBoeuf LLP.

``All these loan documents are being sent to the inside of a mountain in the middle of America and not being checked very carefully,'' Saft said. ``The lenders can't find the paper. We're dealing with a lot of paper produced in a mortgage closing.''

`Waste of Time'

Requiring banks to produce the paperwork at a foreclosure hearing is a nuisance, said Jeffrey Naimon, a partner in the Washington office of Buckley Kolar LLP.

``It's a gigantic waste of time,'' Naimon said. ``The mortgage may have transferred five, six, eight times. It's possible that you don't have all the pieces of paper, but it was enough to convince the next guy in the chain. There's no true controversy over whether the owner owns the loan.''

Judges are becoming increasingly impatient with plaintiffs who produce no more proof of ownership than a lost-note affidavit or a copy of the note, said Michael Doan, an attorney at Doan Law Firm LLP in Carlsbad, California.

``Things are heating up,'' Doan said.

In Ohio, where RealtyTrac reported an 88 percent jump in foreclosures last year, Dann, the attorney general, is now arguing 40 foreclosure cases that challenge ownership of mortgage notes, according to his office.

`Cavalier Approach'

U.S. District Judge David D. Dowd Jr. in Ohio's northern district chastised Deutsche Bank National Trust Co. and Argent Mortgage Securities Inc. in October for what he called their ``cavalier approach'' and ``take my word for it'' attitude toward proving ownership of the mortgage note in a foreclosure case.

John Gallagher, a spokesman for Frankfurt-based Deutsche Bank AG, said the bank had no comment.

Federal District Judge Christopher Boyko dismissed 14 foreclosure cases in Cleveland in November due to the inability of the trustee and the servicer to prove ownership of the mortgages.

Similar cases were dismissed during the past year by judges in California, Massachusetts, Kansas and New York.

``Judges are human beings,'' said Kenneth M. Lapine, a partner at the Cleveland law firm Roetzel & Andress LPA. ``They no doubt feel the little guy needs all the help he can get against the impersonal, out of town, mega-investment banking company.''

Warning Plaintiffs

U.S. Bankruptcy Judge Samuel L. Bufford in Los Angeles issued a notice last month warning plaintiffs in foreclosure cases to bring the mortgage notes to court and not submit copies.

``This requirement will apply because developments in the secondary market for mortgages and other security interests cause the court to lack confidence that presenting a copy of a promissory note is sufficient to show that movant has a right to enforce the note or that it qualifies as a real party in interest,'' the notice said.

Quick foreclosures benefit communities because properties in default lose value and homeowners in financial distress don't maintain their houses or pay real estate taxes, said Saft of Dewey & Leboeuf.

Painted as the Enemy

``When banks originally made the loans they used people's money from pension funds and savings accounts and they should be allowed to foreclose the loan as quickly as possible before the property depreciates in value any more,'' Saft said. ``The mortgage industry has been painted as the enemy when all they did was make loans to enable people to buy homes. Now there's less money available for new borrowers to buy homes and that's what's causing the value of homes to go down.''

Lents is former CEO of Investco Inc., a Boca Raton, Florida-based developer of voice recognition software. In 2002, the U.S. Securities and Exchange Commission sanctioned Lents and others for stock manipulation, according to the SEC Web site. He lost his job, was fined and his assets were frozen. That's the reason he couldn't pay his mortgage, he said.

``If the homeowner doesn't object to the lost-note affidavit, the judge rubber-stamps it,'' Lents said. ``Is it oversight, or are they trying to get around the law?''

Washington Mutual spokeswoman Geri Ann Baptista said the bank had no comment.

Looking for Loopholes

``I can't believe the handling of notes is worse than it was five years ago,'' said Guy Cecala, publisher of Inside Mortgage Finance. ``What we didn't have back then were armies of attorneys out there looking for loopholes. People are challenging foreclosures and courts are paying a lot more attention to foreclosures than they ever did before.''

American Home Mortgage Investment Corp., the Melville, New York-based lender that filed for bankruptcy last August, said it was paying $45,000 a month to store loan paperwork and petitioned U.S. Bankruptcy Judge Christopher Sontchi in Wilmington, Delaware, for the right to toss it all. Sontchi ruled last week that American Home Mortgage could charge banks from $3 to $13 a file to retrieve documents.

The home-loan industry has had a central electronic database since 1997 to track mortgages as they are bought and sold. It's run by Mortgage Electronic Registration System, or MERS, a subsidiary of Vienna, Virginia-based MERSCORP Inc., which is owned by mortgage companies.

No Tracking Mechanism

MERS has 3,246 member companies and about half of outstanding mortgages are registered with the company, including loans purchased by government-sponsored entities Fannie Mae, Freddie Mac and Ginnie Mae, said R.K. Arnold, the company's CEO.

For about half of U.S. mortgages, there is no tracking mechanism.

MERS rules don't allow members to submit lost-note affidavits in place of mortgage notes, Arnold said.

``A lot of companies say the note is lost when it's highly unlikely the note is lost,'' Arnold said. ``Saying a note is lost when it's not really lost is wrong.''

Lents's attorney, Jane Raskin of Raskin & Raskin in Miami, said she has no idea who owns Lents's mortgage note.

``Something is wrong if you start from what I think is the reasonable assumption that these banks are not losing all of these notes,'' Raskin said. ``As an officer of the court, I find it troubling that they've been going in and saying we lost the note, and because nobody is challenging it, the foreclosures are pushed through the system.''

To contact the reporter on this story: Bob Ivry in New York at bivry@bloomberg.net .

www.bloomberg.com/apps/news

mogel007 said...

Pauligirl said: If you want to argue "agency by estoppel", then who is the principal, the bank or the homeowner?
_________________________________

It's the bank who is the principal. Why do you ask the question? Do you see it as possible that the homeowner could be construed as the principal, and if so, why?

mogel007 said...

Banks Lose to Deadbeat Homeowners as Loans Sold in Bonds Vanish

By Bob Ivry


--------------------------------------------------------------------------------

Feb. 22 (Bloomberg) -- Joe Lents hasn't made a payment on his $1.5 million mortgage since 2002.

That's when Washington Mutual Inc. first tried to foreclose on his home in Boca Raton, Florida. The Seattle-based lender failed to prove that it owned Lents's mortgage note and dropped attempts to take his house. Subsequent efforts to foreclose have stalled because no one has produced the paperwork.

``If you're going to take my house away from me, you better own the note,'' said Lents, 63, the former chief executive officer of a now-defunct voice recognition software company.

Judges in at least five states have stopped foreclosure proceedings because the banks that pool mortgages into securities and the companies that collect monthly payments haven't been able to prove they own the mortgages. The confusion is another headache for U.S. Treasury Secretary Henry Paulson as he revises rules for packaging mortgages into securities.

``I think it's going to become pretty hairy,'' said Josh Rosner, managing director at the New York-based investment research firm Graham Fisher & Co. ``Regulators appear to have ignored this, given the size and scope of the problem.''

More than $2.1 trillion, or 19 percent, of outstanding mortgages have been bundled into securities by private banks, according to Inside Mortgage Finance, a Bethesda, Maryland-based industry newsletter. Those loans may be sold several times before they land in a security. Mortgage servicers, who collect monthly payments and distribute them to securities investors, can buy and sell the home loans many times.

Housing Boom

Each time the mortgages change hands, the sellers are required to sign over the mortgage notes to the buyers. In the rush to originate more loans during the U.S. mortgage boom, from 2003 to 2006, that assignment of ownership wasn't always properly completed, said Alan White, assistant professor at Valparaiso University School of Law in Valparaiso, Indiana.

``Loans were mass produced and short cuts were taken,'' White said. ``A lot of the paperwork is done in the name of the original lender and a lot of the original lenders aren't around anymore.''

More than 100 mortgage companies stopped making loans, closed or were sold last year, according to Bloomberg data.

The foreclosure rate, at 1.69 percent of all U.S. homeowners, is the highest since the Mortgage Bankers Association began tracking it in 1993. The foreclosure rate for subprime borrowers, who have bad or incomplete credit and whose mortgages typically are securitized by private banks rather than government-sponsored entities Fannie Mae and Freddie Mac, is at a four-year high, according to the mortgage bankers.

750,000 Homeowners

More than 1.5 million homeowners will enter the foreclosure process this year, said Rick Sharga, executive vice president for marketing at RealtyTrac Inc., the Irvine, California-based seller of foreclosure information. About half of them, 750,000, will have their homes repossessed, Sharga said.

Borrower advocates, including Ohio Attorney General Marc Dann, have seized upon the issue of missing mortgage notes as a way to stem foreclosures.

``The best thing to do is to keep people in their homes and for everybody to take steps necessary to make that happen,'' said Chris Geidner, an attorney in Dann's office. ``These trusts are purchasing these notes, and before they even get the paperwork, they foreclose on people. They become foreclosure machines.''

Lost-Note Affidavits

When the mortgage servicers and securitizing banks that act as trustees of the securities fail to present proof that they own a mortgage, they sometimes file what's called a lost-note affidavit, said April Charney, a lawyer at Jacksonville Area Legal Aid in Florida.

Nobody knows how widespread the use of lost-note affidavits are, Charney said. She's had foreclosure proceedings for 300 clients dismissed or postponed in the past year, with about 80 percent of them involving lost-note affidavits, she said.

``They raise the issue of whether the trusts own the loans at all,'' Charney said. ``Lost-note affidavits are pattern and practice in the industry. They are not exceptions. They are the rule.''

State laws generally make it difficult to foreclose because they favor the homeowner, said Stuart Saft, a real estate lawyer and partner at the New York firm Dewey & LeBoeuf LLP.

``All these loan documents are being sent to the inside of a mountain in the middle of America and not being checked very carefully,'' Saft said. ``The lenders can't find the paper. We're dealing with a lot of paper produced in a mortgage closing.''

`Waste of Time'

Requiring banks to produce the paperwork at a foreclosure hearing is a nuisance, said Jeffrey Naimon, a partner in the Washington office of Buckley Kolar LLP.

``It's a gigantic waste of time,'' Naimon said. ``The mortgage may have transferred five, six, eight times. It's possible that you don't have all the pieces of paper, but it was enough to convince the next guy in the chain. There's no true controversy over whether the owner owns the loan.''

Judges are becoming increasingly impatient with plaintiffs who produce no more proof of ownership than a lost-note affidavit or a copy of the note, said Michael Doan, an attorney at Doan Law Firm LLP in Carlsbad, California.

``Things are heating up,'' Doan said.

In Ohio, where RealtyTrac reported an 88 percent jump in foreclosures last year, Dann, the attorney general, is now arguing 40 foreclosure cases that challenge ownership of mortgage notes, according to his office.

`Cavalier Approach'

U.S. District Judge David D. Dowd Jr. in Ohio's northern district chastised Deutsche Bank National Trust Co. and Argent Mortgage Securities Inc. in October for what he called their ``cavalier approach'' and ``take my word for it'' attitude toward proving ownership of the mortgage note in a foreclosure case.

John Gallagher, a spokesman for Frankfurt-based Deutsche Bank AG, said the bank had no comment.

Federal District Judge Christopher Boyko dismissed 14 foreclosure cases in Cleveland in November due to the inability of the trustee and the servicer to prove ownership of the mortgages.

Similar cases were dismissed during the past year by judges in California, Massachusetts, Kansas and New York.

``Judges are human beings,'' said Kenneth M. Lapine, a partner at the Cleveland law firm Roetzel & Andress LPA. ``They no doubt feel the little guy needs all the help he can get against the impersonal, out of town, mega-investment banking company.''

Warning Plaintiffs

U.S. Bankruptcy Judge Samuel L. Bufford in Los Angeles issued a notice last month warning plaintiffs in foreclosure cases to bring the mortgage notes to court and not submit copies.

``This requirement will apply because developments in the secondary market for mortgages and other security interests cause the court to lack confidence that presenting a copy of a promissory note is sufficient to show that movant has a right to enforce the note or that it qualifies as a real party in interest,'' the notice said.

Quick foreclosures benefit communities because properties in default lose value and homeowners in financial distress don't maintain their houses or pay real estate taxes, said Saft of Dewey & Leboeuf.

Painted as the Enemy

``When banks originally made the loans they used people's money from pension funds and savings accounts and they should be allowed to foreclose the loan as quickly as possible before the property depreciates in value any more,'' Saft said. ``The mortgage industry has been painted as the enemy when all they did was make loans to enable people to buy homes. Now there's less money available for new borrowers to buy homes and that's what's causing the value of homes to go down.''

Lents is former CEO of Investco Inc., a Boca Raton, Florida-based developer of voice recognition software. In 2002, the U.S. Securities and Exchange Commission sanctioned Lents and others for stock manipulation, according to the SEC Web site. He lost his job, was fined and his assets were frozen. That's the reason he couldn't pay his mortgage, he said.

``If the homeowner doesn't object to the lost-note affidavit, the judge rubber-stamps it,'' Lents said. ``Is it oversight, or are they trying to get around the law?''

Washington Mutual spokeswoman Geri Ann Baptista said the bank had no comment.

Looking for Loopholes

``I can't believe the handling of notes is worse than it was five years ago,'' said Guy Cecala, publisher of Inside Mortgage Finance. ``What we didn't have back then were armies of attorneys out there looking for loopholes. People are challenging foreclosures and courts are paying a lot more attention to foreclosures than they ever did before.''

American Home Mortgage Investment Corp., the Melville, New York-based lender that filed for bankruptcy last August, said it was paying $45,000 a month to store loan paperwork and petitioned U.S. Bankruptcy Judge Christopher Sontchi in Wilmington, Delaware, for the right to toss it all. Sontchi ruled last week that American Home Mortgage could charge banks from $3 to $13 a file to retrieve documents.

The home-loan industry has had a central electronic database since 1997 to track mortgages as they are bought and sold. It's run by Mortgage Electronic Registration System, or MERS, a subsidiary of Vienna, Virginia-based MERSCORP Inc., which is owned by mortgage companies.

No Tracking Mechanism

MERS has 3,246 member companies and about half of outstanding mortgages are registered with the company, including loans purchased by government-sponsored entities Fannie Mae, Freddie Mac and Ginnie Mae, said R.K. Arnold, the company's CEO.

For about half of U.S. mortgages, there is no tracking mechanism.

MERS rules don't allow members to submit lost-note affidavits in place of mortgage notes, Arnold said.

``A lot of companies say the note is lost when it's highly unlikely the note is lost,'' Arnold said. ``Saying a note is lost when it's not really lost is wrong.''

Lents's attorney, Jane Raskin of Raskin & Raskin in Miami, said she has no idea who owns Lents's mortgage note.

``Something is wrong if you start from what I think is the reasonable assumption that these banks are not losing all of these notes,'' Raskin said. ``As an officer of the court, I find it troubling that they've been going in and saying we lost the note, and because nobody is challenging it, the foreclosures are pushed through the system.''

To contact the reporter on this story: Bob Ivry in New York at bivry@bloomberg.net .

sopsback said...

scoot, like yo sayed, yo can allays get a job somewhere if yo mortgage company fails.

well, lokks like you right.

soon, when 95% of the banks fail, yo can get yoself a job with the FDIC, as they are stepping up they hiring fo when all the bank go belly up.

--------------------------





Tuesday, February 26, 2008

WASHINGTON -- The Federal Deposit Insurance Corp. is taking steps to brace for an increase in failed financial institutions as the nation's housing and credit markets continue to worsen.

The FDIC is looking to bring back 25 retirees from its division of resolutions and receiverships. Many of these agency veterans likely worked for the FDIC during the late 1980s and early 1990s, when more than 1,000 financial institutions failed amid the savings-and-loan crisis.

FDIC spokesman Andrew Gray said the agency was looking to bulk up "for preparedness purposes." The division now has 223 employees, mostly based in Dallas.

The agency, which insures accounts at more than 8,000 financial institutions, is also seeking to hire an outside firm that would help manage mortgages and other assets at insolvent banks, according to a newspaper advertisement.

In public, policy makers are debating what role the government should play in trying to stabilize the housing market and minimize foreclosures. Meanwhile, regulators have worked discreetly behind the scenes to closely monitor the growing number of troubled banks and thrifts considered at risk.

"Regulators are bracing for well over 100 bank failures in the next 12 to 24 months, with concentrations in Rust Belt states like Michigan and Ohio, and the states that are suffering severe housing-market problems like California, Florida, and Georgia," said Jaret Seiberg, Washington policy analyst for financial-services firm Stanford Group.

In job postings on its Web site, the FDIC said it is looking for people with "skill in performing duties associated with a financial-institution closing, such as receivership management, resolutions and/or asset disposition; knowledge of the resolutions process as it relates to complex financial institutions." Such positions would require "very frequent overnight travel," the posting said, and would pay up to $180,770.

"The notion of bringing back some people who have been through it before is very smart," said William Isaac, who was FDIC chairman from 1981 until 1985. All told, the FDIC has roughly 4,600 employees, far fewer than the about 15,000 it had as recently as 1992.

On Sunday the FDIC ran a newspaper ad seeking companies that could service commercial loans, mortgages and student loans in the event of a bank failure. It didn't say how much a company could earn in this area.

The FDIC rated 65 banks and thrifts as "problem" institutions at the end of the third quarter of 2007, up from 47 institutions a year earlier. Both figures are low by historical standards. At the end of 1993, there were 572 "problem" banks and thrifts. The FDIC is expected to update its data on "problem" institutions today.

Before the housing market soured, the banking industry was enjoying one of its most profitable stretches in U.S. history. There wasn't a single bank failure from July 2005 through January 2007, an unprecedented span.

There have only been four bank failures in the past 12 months, a rate the FDIC has easily been able to handle.

In many parts of the country, the housing-market decline has hamstrung banks, and regulators have reported weakening performance of commercial real estate, small business and credit-card loans. Exacerbating the situation is a cash-flow crunch, which makes it harder for banks to obtain funding to originate new loans.

FDIC Chairman Sheila Bair, Comptroller of the Currency John Dugan, and Office of Thrift Supervision Director John Reich have warned of a pickup in bank failures. Last week Mr. Reich reported that the thrift industry lost a record $5.2 billion in the fourth quarter.

The FDIC was created by Congress in the 1930s after a series of bank runs during the Great Depression. At the end of 2007, it had $52.4 billion in its fund that backstops the nation's insured deposits.

www.gata.org/node/6031

Pauligirl said...

mogel007 said...
Pauligirl said: If you want to argue "agency by estoppel", then who is the principal, the bank or the homeowner?
_________________________________

It's the bank who is the principal. Why do you ask the question? Do you see it as possible that the homeowner could be construed as the principal, and if so, why?
============================
Nope. Just wanted to see what you would say.
Agency law clearly states that "the agency exists for the benefit of the principal and the agent must endeavor to use his/her best efforts to advance and support the principals best interest."
http://www.oz.uc.edu/~stedmabn/
Chapter16.pdf.
If the bank is the principal, Dorean was not working in the bank's best interest. No agency created.

habakkuk said...

Great Article:

Arise and Shine

As difficult times escalate in the world, the Church will be called upon more and more to provide hope and answers that cannot be provided by natural means. After all, our message is "good news!" We have the Gospel of good news in the salvation provided by the Lord Jesus and His great sacrifice.

We are the salt of the earth and the light of the nations. Though many judgment prophecies are being circulated, we believe this will be a significant time of advancement and blessing for the righteous and judgment on unrighteousness. That is God's system of justice!

Justice is defined as the act of determining rights by assigning rewards or punishments. It is the process of finding favor for one party and discipline upon another. The Bible outlines that righteousness and justice are the foundations of His throne. To only prophesy judgment would be to see only one side of the scales of justice.

WE ARE IN THAT SEASON NOW

habakkuk said...

WE ARE ENTERING THE MONTH OF ADAR (HEBREW CALENDAR). ITS A VERY SIGNIFICANT TIME OF THE YEAR FOR G-D'S PEOPLE IF YOU ARE HEARING WITH SPIRITUAL EARS. READ:

Adar is the happiest, most joyous month of the Hebrew calendar. In fact, its motto is "When Adar comes, joy is increased."

The abundance of joy in Adar is primarily due to the presence within the month of Purim. That holiday commemorates the salvation of the Jewish People from a genocidal plot by the wicked Haman, whereby he hoped to destroy the Jewish People, G-d Forbid, completely. Because of our fasting and repentance, we were able to have that heavenly decree, if not the earthly one, torn up (a decree of Achashverosh could, of course, never be rescinded).

Haman achieved the result, thank G-d, of having his plot OVERTURNED("venahapoch hu," "it was overturned" - A THEME OF PURIM) upon himself. Our last picture of him and his ten sons are of them dangling from the very gallows which he had prepared for Mordechai, a leader of the Jews.

Even though we are instructed in Pirkei Avot (Chapter 4, Mishnah 24) by Shmuel HaKatan, "When your enemy falls, do not be happy, and when he stumbles, let your heart not rejoice," an exception is made in the case of Haman. He represents the spirit of absolute (or nearly absolute) evil, as did his infamous ancestor, Amalek, founder of the nation which attacked the weakest of the Jews on their way out of Mitzrayim.

THATS FOR YOU KURT & SCOTT AND DG CLIENTS THAT WILL RECEIVE IT

habakkuk said...

I keep hearing the word BOOMERANG.....Hmmmmm

habakkuk said...

A week or two ago i was flipping thru the channels and the movie BOOMERANG (Eddie Murphy) was on.....Not a favorite of mine but the title caught my eye.

habakkuk said...

Esther 9:24
Haman son of Hammedatha, the Agagite, the archenemy of all Jews, had schemed to destroy all Jews. He had cast the pur (the lot) to throw them into a panic and destroy them. But when Queen Esther intervened with the king, he gave written orders that the evil scheme that Haman had worked out should BOOMERANG back on his own head. He and his sons were hanged on the gallows. That's why these days are called "Purim," from the word pur or "lot."

habakkuk said...

Proverbs 21:18
What a bad person plots against the good, BOOMERANGS; the plotter gets it in the end.

habakkuk said...

Ezekiel 7:1
[ Fate Has Caught Up with You ] God's Word came to me, saying, "You, son of man—God, the Master, has this Message for the land of Israel: "'Endtime. The end of business as usual for everyone. It's all over. The end is upon you. I've launched my anger against you. I've issued my verdict on the way you live. I'll make you pay for your disgusting obscenities. I won't look the other way, I won't feel sorry for you. I'll make you pay for the way you've lived: Your disgusting obscenities will BOOMERANG on you, and you'll realize that I am God.'

habakkuk said...

Joel 3:4
"As for you, Tyre and Sidon and Philistia, why should I bother with you? Are you trying to get back at me for something I did to you? If you are, forget it. I'll see to it that it BOOMERANGS on you. You robbed me, cleaned me out of silver and gold, carted off everything valuable to furnish your own temples. You sold the people of Judah and Jerusalem into slavery to the Greeks in faraway places. But I'm going to reverse your crime. I'm going to free those slaves. I'll have done to you what you did to them: I'll sell your children as slaves to your neighbors, And they'll sell them to the far-off Sabeans." God's Verdict.

ARE YOU CATCHING THE THEME??

habakkuk said...

Obadiah 1:15
"God's Judgment Day is near for all the godless nations. As you have done, it will be done to you. What you did will BOOMERANG back and hit your own head.

habakkuk said...

2 Peter 2:12
These people are nothing but brute beasts, born in the wild, predators on the prowl. In the very act of bringing down others with their ignorant blasphemies, they themselves will be brought down, losers in the end. Their evil will BOOMERANG on them. They're so despicable and addicted to pleasure that they indulge in wild parties, carousing in broad daylight. They're obsessed with adultery, compulsive in sin, seducing every vulnerable soul they come upon. THEIR SPECIALTY IS GREED (LOVE OF MONEY?), and they're experts at it. Dead souls!

ANYWAY, I THINK YOU GET THE DRIFT

Detego said...

habakkuk,

It's time for you to stop posting the useless dogma, off topic, bullshit. How wonderful it must be to never having to think for yourself, just read the book and listen to the mental master-baters.

I hated the catholic church; all the standing, sitting and kneeling ...

I wished the priest would pick a position and fuck me.

Scott from Vineland said...

detego said...
... our only minor child in the house ... had been sowing all day on the children's outfits she promised her Sunday church class she'd have finished.

later, detego said...
habakkuk,

It's time for you to stop posting the useless dogma, off topic, bullshit. How wonderful it must be to never having to think for yourself, just read the book and listen to the mental master-baters.

I hated the catholic church; all the standing, sitting and kneeling ...

I wished the priest would pick a position and fuck me.
___________________________________
Sorry detego, I'm confused now. What kind of Sunday church class are you sending your minor child to? You seem to have a major issue with someone who is following what they believe is God's word.

Scott from Vineland said...

Hey Mr./Ms. Moderator,

I asked honest impartial by-stander a question that I thought was fair and on-topic but it has not been posted.

I wanted to know what results, if any, they obtained with the filing of their Affidavit of Non-Abandonment.

I trust that this was an oversight; I am certain you would not try to censor me.

How 'bout it, by-stander? What happened?

habakkuk said...

I'm not here to promote a denomination or spread dogma, i'm here to PROPHESY.

Aspiring Actor said...

Dear Kurt,

Please go to the following link.

http://www.bloomberg.com/apps/news?pid=20601087&sid=aejJZdqodTCM

It's on rense.com today (2/28/08)

Surely you can prove you/Dorean are doing the same thing and prevail, as you were/ARE doing the same thing as these people did!
I'm ready to get paid for the price of my house PLUS multiple-damages! I'm starting my list of what I want in my "dream house"! You, by the grace of God WILL prevail, and I hope to see you and Scott, Bill and Dewey by late spring!
I'm praying for you all.

Warmest Regards,

Aspiring Actor

mogel007 said...

Pauligirl said: "If the bank is the principal, Dorean was not working in the bank's best interest. No agency created."
________________________________

Actually the Dorean Group acted in the banks best interest. Remember, no bank fraud charges were proven, so they must have acted in their best since bank fraud was the allegation & this wasn't proven or even shown. Nor are there any financial damages put in the court record that the banks sustained. If there is no bank fraud or financial damage, than the discharge of mortgage must have been correct & proper & the lender should have done this themselves through the previous trustee of record that was replaced.

Second, it seems the court seemed to say that the defendants didn't act in the best interest of the clients through the mail fraud charge & conviction & the insinuation that the clients were the victims.

Lastly, you can argue the dorean group was acting in the banks best interest after discovering that the lender didn't or shouldn't have an interest in the property after being unable to validate the debt & answer the dorean challenge & only changed a mistake or made right a wrong & mitigated the damages one had against the lender by changing the record in a timely fashion. How can you say that the Dorean Group WASN'T acting in the lender's best interest? Where's the proof of that? That assumes the lender had a valid interest. The dorean trustees only did what the lender should have done & only exercised a power that the lender had. Hardly construed as acting against the lender's interests.

When a mortgage is paid off or in the alternative, determines that nothing is owed, and the trustee for the lender, records a discharge of mortgage, is this considered not acting in the lender's best interest? Of course not. Did the trustee have agency when he discharged the debt? Yes he did.

mogel007 said...

Pauligirl said: "If the bank is the principal, Dorean was not working in the bank's best interest. No agency created."
________________________________

Assuming the bank is commiting fraud, by pretending to have a legal interest when in fact they don't, is it in the banks best interest to go unpunished and unchallenged indefinitely with no consequences? I hope you don't believe that.

Is it in an institutions best interest NOT to make restitution to those they have cheated? That's like saying that it's in the best interest of a criminal never to go unpunished or ever make restitution, or ever face what he did that was wrong.

Injustice against even one, is an injustice against us all, so morally speaking, something needs to be done. It can't be ignored in a civilized society.

dontbelieveeverythingyouread said...

Aspiring Actor:

Don't get your hopes up. BIG difference between a lost note and what K&S did and profited from.

InYourDreams said...

Aspiring Actor said...
Dear Kurt,

and I hope to see you and Scott, Bill and Dewey by late spring!
I'm praying for you all.

Warmest Regards,

Aspiring Actor

Your wishes are partially correct or partially a fantasy (like your chance of becoming an actor)...

You can see Dewey next spring for sure, my guess will be spring in 4or 5 years for Bill, and most likely spring in 20 years for Scott(if he's lucky) and spring in 25 years for Kurt (if he's really lucky).

Let's look at this from a position of truth or fiction:

With all the promises made from day 1 of dorean until now (including the delusions of Fred), can anyone name one statement/promise that has come to pass as truth?

Answering this question truthfully will give you a clue as to what happens next month at sentencing, except for Dewey who has been sentenced already.

mogel007 said...

A prison in TX that holds entire immigrant families:

http://www.brasschecktv.com/page/281.html

The cost is $200.00/family/day, much more expensive than the government putting them up in hotels. The facility is a prison; some consider this a prototype of concentration camps for unwanted, noncriminal type people in the future.

JDJD said...

Interesting spin there, Moogles.
Don't you ever get dizzy???

Pauligirl said...

Moogey..I suggest you read up on agency law. You will not find anything that says its in the best of the principal to file fradulent documents.

But as jdjd said: "Interesting spin."

notorial dissent said...

pauligirl, Moogie isn't going to let a little thing like facts and reality get in the way of his fictionalization of the world, it would spoil all his carefully crafted delusions about how things work. The last thing he wants to do is read up on agency law and what it really is, as opposed to what Kurt spoon fed him.

Moogies been spinning so long he ought to be seeing quadruple.

Yetter said...

TRUTH.There are three conceptions as to what constitues truth.Agreement of thought and reality,eventual VERIFICATION and consistency of thought with itself. Blacks law 6th ed.Subprime was only a crisis when Basel two agreements forced GAAP accounting to expose the phony mark to market derivatives into the light of day.Only when a full accounting of a lending institutions books, both on and off balance sheet transactions established by third party accountants,can the truth be found and VERIFIED.IT WILL NEVER HAPPEN.There are not enough shredders in the world to do the job fast enough.Prosecution of the law is simply irrelevant and cannot co exist if the truth and assurance of due performance cannot be VERIFIED.

Detego said...

Scott from Vineland said...
"You seem to have a major issue with someone who is following what they believe is God's word."
_________________________________

It's time We the People stop believing in 'Fiction': civil code, federal authority, territory, STATE OF, CITY OF, COUNTY OF, UCC, UNITED STATES, LICENSES and the IRS, ect.

It's easy to track the erosion of Constitutional Rights, and the decline of Constitutional knowledge, with the institution of Religious Dogma into the Elected Body.

The prisons are full of Christians, 90% of whom volunteered for incarceration by the STATE Fiction (the business of Imprisonment).

Go ask anyone off the streets .. "What form of government is the united States of America; Democracy (fiction) or Republic (we the people)"?

Then ask them, "do you believe in god"?

habakkuk said...

Micah 2
Judgment against Wealthy Oppressors
1 What sorrow awaits you who lie awake at night,
thinking up evil plans.
You rise at dawn and hurry to carry them out,
simply because you have the power to do so.
2 When you want a piece of land,
you find a way to seize it.(LISTEN UP CHASE BANK AND OTHER CROOKS)
When you want someone’s house,
you take it by fraud and violence.
You cheat a man of his property,
stealing his family’s inheritance.
3 But this is what the Lord says:
“I will reward your evil with evil; (BOOMERANG BABY!!)
you won’t be able to pull your neck out of the noose. (JUST LIKE HAMAN IN THE BOOK OF ESTHER)
You will no longer walk around proudly,
for it will be a terrible time.”

4 In that day your enemies will make fun of you
by singing this song of despair about you:
“We are finished,
completely ruined!
God has confiscated our land,
taking it from us.
He has given our fields
to those who betrayed us.[a]”
5 Others will set your boundaries then,
and the Lord’s people will have no say
in how the land is divided.

True and False Prophets
6 “Don’t say such things,”
the people respond.[b]
“Don’t prophesy like that.(YOU'RE NOT GONNA SHUT THIS PROPHET UP)
Such disasters will never come our way!”
7 Should you talk that way, O family of Israel?[c]
Will the Lord’s Spirit have patience with such behavior?
If you would do what is right,
you would find my words comforting.(YEP)
8 Yet to this very hour
my people rise against me like an enemy!
You steal the shirts right off the backs
of those who trusted you,
making them as ragged as men
returning from battle.
9 You have evicted women from their pleasant homes
and forever stripped their children of all that God would give them.
10 Up! Begone!
This is no longer your land and home,
for you have filled it with sin
and ruined it completely.

11 Suppose a prophet full of lies would say to you,
“I’ll preach to you the joys of wine and alcohol!”
That’s just the kind of prophet you would like!

Hope for Restoration
12 “Someday, O Israel, I will gather you;
I will gather the remnant who are left.
I will bring you together again like sheep in a pen,
like a flock in its pasture.
Yes, your land will again
be filled with noisy crowds!
13 Your leader (THATS YASHUA)will BREAK out (BREAKTHROUGH IS HERE DG)
and lead you out of exile,
out through the gates of the enemy cities,
back to your own land.
Your king will lead you;
the Lord himself will guide you.”

Scott from Vineland said...

detego,

OK, dude, OK. I was actually just trying to figure why you wanted to beat up on habakkuk for following his Christian convictions when your family also seemed to be involved in the church. But forget I asked, OK?

near the end said...

Yes I can inyourdreams, Dr. Fred told my buddy; that was in this process if he wanted the property back in his name he could. Just call him.

He did call him; He mailed the correct papers to Dr. Fred and 2 weeks later the papers were back in his hands with the correct signatures the house was back in his name. He sold it last month.

Oh well inyourdreams you can't be right about everything. LOL!

mogel007 said...

Pauligirl said: "You will not find anything that says its in the best of the principal to file fradulent documents."
_________________________

I agree with you on that point, however, the issue whether the documents filed WERE FRAUDULENT is still not clear & IS THE QUESTION TO SETTLE ONCE & FOR ALL.

I gave reasons why there was agency to file in behalf of the bank. If there was agency, or agency by estoppel, there is no fraud, regardless of what the Jury or Judge may have concluded in their minds. If the convictions are overturned, than I've proven my point.

mogel007 said...

Don'tBelieve said: "BIG difference between a lost note and what K&S did and profited from."
_________________________________

Banks say they are lost notes when they aren't technically lost. They know who they sold them to, or that they sold them to someone & that they don't have the original note, or know they profited from the sale of the notes. They know they didn't ACCIDENTLY MISPLACE THE NOTE. 60% of notes are supposedly lost, come on!!!!!!! What's the big difference you refer to?

Banks when they foreclose assume they are the holder in due course with the right to foreclose. They often know they don't have the proper paperwork to properly represent validations to the court & in essence misrepresent their legal position.

The Dorean Process tried to get validation from the banks through their process & were sincerely seeking the truth & proof, whereas lenders pretend to have rights they know they don't have, but are most often upheld by the courts without facts or validation. Is that the big difference you mean?

mogel007 said...

In your Dreams said: "can anyone name one statement/promise that has come to pass as truth?"
_____________________________
1. Promise # 1: Trusts were in fact set up for clients.

2. Promise # 2: Discharge of mortgages or deed of reconveyances were in fact recorded AS PROMISED.

3. Promise # 3: Challenge presentment packages were in fact sent to the lenders.

4. Promise # 4: Principals would not quit until restitution was made. "Clients WILL NOT BE CHEATED".

There are many promises fulfilled already. What is not completed, is still in the works.

Are you saying clients got nothing & all promises were unfullfilled to date? If you are saying that, you are coming across as the one lying IF NOT MISREPRESENTING THINGS.

near the end said...

inyourdreams your not to smart!!!!!!!!!!!

InYourDreams said...

mogel007 said...
Are you saying clients got nothing & all promises were unfullfilled to date? If you are saying that, you are coming across as the one lying IF NOT MISREPRESENTING THINGS.

That's not quite what I was getting at, moogs. Those are things they stated in the process. Let's analyze once the trouble started,

1.60-90 days from victory
2.Case dropped
3.No Trial
4.Already a 9th Circuit Denial
5.Getting bank accounts ready
etc.
etc.
etc.

Give us just one victory...

that goes for you too, rear-end.

notorial dissent said...

more Moogey rationalization
The Dorean Process tried to get validation from the banks through their process & were sincerely seeking the truth & proof, whereas lenders pretend to have rights they know they don't have, but are most often upheld by the courts without facts or validation. Is that the big difference you mean?


While I know the difference is lost on you Moogs, there is a considerable difference between verifying who the owner is in a court proceeding i.e. foreclosure and someone paying on a note. The one is in legal proceedings and the other is not. Someone paying on a note with documentation as to who and what and how much they paid is within the protection of the law, and unless you have two parties coming after you for the same payment your excuses, are just that. There is no need to verify who the due holder is since you have gotten notification of any changes in ownership of the note, on the occasion of it being transferred. As long as you are in compliance with the terms of the note, it doesn’t matter who the actual owner is. This is just a smokescreen to try and get out of a lawful debt.

Moogey in delerium and denial
There are many promises fulfilled already. What is not completed, is still in the works.

Right Moogs, just keep telling yourself that.

1) documents purporting to be trusts were generated, there has yet been no actual legal verification that any of them actually were valid, only that they screwed up title on the properties. Trust laws vary greatly from state to state, and what works one place doesn’t necessarily work correctly somewhere else, and there is no evidence that they were ever properly registered either with the IRS or the states they were domiciled in.

2) filing bogus papers does not count as discharging anything Moogs, and to date, not one of those discharges has stood against challenge, so no cookie here either.

3) the paperwork was sent to all and sundry and promptly either tossed or turned over to the FBI, nothing accomplished here either.

4) peculiar promise since this entire farce started with the clients being cheated out of whatever they paid to dim and dimmer, followed by a good number of them ending up in foreclosure.

So far to date, the only promise that has been kept is the one of more low comedy to come.


Are you saying clients got nothing & all promises were unfullfilled to date? If you are saying that, you are coming across as the one lying IF NOT MISREPRESENTING THINGS.

Well, actually, the clients / suckers, got something out of it, they got cheated out of the money they put up, and it is doubtful if they will ever see more than pennies on the dollar of it back, the promise of them getting their property free and clear sure didn’t, and won’t happen, when in fact many of them lost their properties, so that didn’t happen. So I would say the only one misrepresenting things here was you. This was a scam from beginning to end. The clients all got taken at least once, and most of them suffered for it in the end.

The only victory here is in the prosecutions having gotten a conviction.

neodemes said...

detego,

You seem to be a sad, confused person reaping what you have sown.

I'll pray for your family.

near the end said...

inyourdreams I'm not in the process so I don't have to. Nan Nan Nan Nan Nan Naaaaaa!!!!

and there's nothin you can do about it LOL!!!!!!!!!!!

InYourDreams said...

near the end said...
inyourdreams I'm not in the process so I don't have to. Nan Nan Nan Nan Nan Naaaaaa!!!!

and there's nothin you can do about it LOL!!!!!!!!!!!
___________________________________

Even if you were in the process you wouldn't have to respond, so I'll take a piece out of one of moog's most used points of the dorean process in that "silence equates to acquiesence".

habakkuk said...

Micah 6:8-16
8But he's already made it plain how to live, what to do,
what God is looking for in men and women.
It's quite simple: Do what is FAIR and JUST to your neighbor,
be compassionate and loyal in your love,
And don't take yourself too seriously—
take God seriously.

9Attention! God calls out to the city!
If you know what's good for you, you'll listen.
So listen, all of you!
This is SERIOUS BUSINESS.

10-16"Do you expect me to overlook obscene wealth
you've piled up by CHEATING and FRAUD?
Do you think I'll tolerate SHADY DEALS
and SHIFTY SCHEMING?
I'm tired of the violent rich
bullying their way with bluffs and lies.
I'm fed up. Beginning now, you're finished.
You'll pay for your sins down to your last cent.
No matter how much you get, it will never be enough—
hollow stomachs, empty hearts.
No matter how hard you work, you'll have nothing to show for it—
BANKRUPT lives, wasted souls.
You'll plant grass
but never get a lawn.
You'll make jelly
but never spread it on your bread.
You'll press apples
but never drink the cider.
You have lived by the standards of your king, Omri,
the decadent lifestyle of the family of Ahab.
Because you've slavishly followed their fashions,
I'm forcing you into BANKRUPTCY.
Your way of life will be laughed at, a tasteless joke.
Your lives will be derided as futile and fake."

mogel007 said...

Notarial Dissent said: "they DO NOT SAY that they cannot loan out the money on deposit with them."
_______________________________

I believe the cases I cited below says otherwise & says that the banks CANNOT LEND OUT THE MONEY FROM DEPOSITORS PERIOD, END OF DISCUSSION, which is the fantasy land you live in:


"In the case of a special deposit, the bank assumes merely the charge or custody of property, WITHOUT AUTHORITY TO USE IT, and the depositor is entitled to receive back the IDENTICAL money or thing deposited. In such case, the RIGHT OF PROPERTY remains in the depositor, and if the deposit is of money, the bank MAY NOT MINGLE IT WITH ITS OWN FUNDS. The relation created is that of bailor and bailee, and not that of debtor and creditor.' 3 R.C.L. 522. Tuckerman v. Mearns, App.D.C.1919, 262 F. 607, 49 App.D.C. 153.

Also this case is very clear:

A bank HAS NO RIGHT to loan the money of OTHER PERSONS. Grow v. Cockrill, Ark.1897, 39 S.W. 60, 63 Ark. 418.

If those cases on lending aren't perfectly clear to you, than you won't understand what is being said specifically.

Also:

Indeed, lending CREDIT is the EXACT OPPOSITE of lending MONEY which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I Morse. Banks and Banking 5th Ed. Sec. 65; Magee, Banks and Banking, 3rd Ed. Sec 248.” American Express Co. v. Citizens State Bank, 194 NW 429.

Those cases I just cited now, AREN'T TALKING ABOUT THE BANK BECOMING AN ENDORSER OR COSIGNER FOR SOME OTHER ENTITY or loaning out money for depositor's benefit, but simply saying: a bank cannot loan out depositors funds.

Also, if banks were loaning out their OWN MONEY THEY EARNED, WHICH THEY DON'T DO EITHER, there would not be an increase in the money supply, each time a new loan is closed.

mogel007 said...

Honest said: "I do not care what Notary Dissent has to say because he is uninformed...just another brainwashed monday morning quarter back trying to expound in something he thinks he knows the law.....Offer and acceptance...contract and the UCC...thats it....

WE AGREE THERE

no substance behind the money equals no law...statutes codes, court cases,...will hang you if you use them to defend or make offensive attack on another.

HAS THE DOREAN GROUP MADE AN OFFENSIVE ATTACK ON ANOTHER AT THIS POINT? IF YOU DON'T USE THE CODES, THAN WHAT DO YOU HAVE TO DEFEND YOURSELF? YOU LOSE BY DEFAULT.

they are copyrighted property and can only be used by a BAR registed attorney or officer of the court...

IF THAT'S TRUE, THAN WHY IS SOMEONE GOING PROSE IN COURT, WHO ISN'T AN ATTORNEY, NOT EVER CHARGED WITH COPYRIGHT INFRINGMENT?

which Kurt is not...but he still may reap consiquences for his actions and choice of defense...

DO YOU HAVE A BETTER DEFENSE YOU WOULD LIKE TO SHARE? OH THAT'S RIGHT, YOUR DEFENSE IS SILENCE.

I would not plea...

IF YOU DON'T PLEA, A PLEA IS ENTERED IN YOUR BEHALF.

I would not sign anything...ever..

WHAT'S WRONG WITH SIGNING YOUR NAME TO WHAT YOU BELIEVE THE TRUTH TO BE? IF YOU DON'T HAVE A POSITION YOU CAN PUT YOUR SIGNATURE UPON, DON'T YOU RUN THE RISK OF BEING MISUNDERSTOOD?

I would refuse there offer of contract..and state for the record I do not consent to these proceedings and I do not accept your offer..period...

KURT & SCOTT HAVE ALREADY DONE THAT REPEATLY. WHY DO YOU INSINUATE THEY HAVEN'T?

I would reassign the fiduciary of the states creation where my birth certificate was created by the state registar...by reassigning the fiduciary back to the originator....state registar...this action collaspes the trust account JOHN JACOB DOE....then recind all signatures on all contracts...driver license....bank accounts...voter registration social security..etc etc etc etc...

KURT & SCOTT HAVE ALREADY DONE THIS. ARE YOU AGAIN INSINUATING THEY HAVEN'T?


Bond the judge...

THEY'VE DONE THIS IN THE PAST TOO.

arrest his bond...if your in prison,, bond the warden...this is not my opinion..

I BELIEVE THAT OPTION IS STILL AVAILABLE TO THEM & THEY TRIED TO FIND OUT CERTAIN INFORMATION THROUGH THEIR FREEDOM OF INFORMATION ACT MOTIONS IN ORDER TO DO THIS, BUT THEIR MOTIONS WERE DENIED.

this is cold hard fact...you can read for yourself in a 6 volume set of law books..published in the 1930s.titled..THE NATIONAL LAW LIBRARY....I do not care about you bloggers making your mindless comments...type before you think is beyond most of your capabilities...there are a few ways this whole trial business could be ended....

IS THERE SOMETHING ELSE THEY CAN DO WHICH THEY HAVEN'T?

KURT is the one and only person who will make his choice...question is will he make the right choice...so far..I dont believe he has...be choosing to fight by their rules...

I DON'T BELIEVE HE IS FIGHTING BY THEIR RULES. HE HAS TRIED TO GET CERTAIN FACTS ENTERED INTO THE COURT AS A POINT OF DISCUSSION, BUT CERTAIN MOTIONS WERE BY JUDGE ALSUP.

makes you a loser....

SO YOU CAN'T WIN BY USING THEIR RULES AGAINST THEM?

I will be surprised if Kurt is released as he believes..we are not dealing with people who play fair....they lie, cheat, steal, murder..cover-up...shift the blame.exclude evidence that would aquit or bring in a not guilty verdict..etc etc etc...

SO THEIR OWN MISTAKES & TRAPS THEY HAVE FALLEN INTO, LIES THEY HAVE EMBRACED AS TRUTH, CAN'T BE THE IMPETUS TO SET THE DOREAN GROUP FREE?

the justice system is run by spoiled children who cry whine and pout if they dont get there way in a trial....the best thing to do at this point is to separate yourself from them entirely...

HOW DO YOU SEPARATE YOURSELF WHEN YOU AREN'T FREE TO LEAVE, AREN'T FREE TO NOT ATTEND THE HEARINGS?

this is explained in those law books and works perfectly if done correctly...Ive witnessed it...so there..you have it...my two cents....

WORKS PERFECTLY?

mogel007 said...

In your dreams said:

.60-90 days from victory

NO, THE WORD VICTORY IS YOUR HOPE, NOT THE FACT. 60-90 DAYS WAS THE TIME FRAME OF THE RECONVEYANCE OR DISCHARGE WHICH HAPPENED FOR ALL. THAT WAS DONE. THE RECONVEYANCE WAS CHALLENGED AS EXPECTED.

2.Case dropped

STILL CAN HAPPEN IN THE SENSE THAT ALL GUILTY CHARGES ARE DROPPED

3.No Trial

THE NO TRIAL WAS A BELIEF THAT TURNED OUT TO BE MISTAKEN BELIEF. GIVE THE DOREAN GROUP A BREAK. AFTER ALL, IT'S APPALLING THAT THE SYSTEM CRIED FRAUD, WHEN THEY ARE THE ONES DOING & PROTECTING THE FRAUD. IF GOING TO TRIAL IS THE QUICKEST WAY TO IMPLEMENT FINANCIAL SETTLEMENTS TO CLIENTS, THAN IT'S A BLESSING IN DISGUISE, NOT A POINT OF DEFEAT OR DISTRESS.

4.Already a 9th Circuit Denial

IS THIS A SUPRISE? REMEDIES AREN'T EXHAUSTED YET.

5.Getting bank accounts ready
etc.
etc.
etc.

AGAIN, BEING PREPARED IS NOT SOMETHING TO CONDEMN SOMEONE ELSE FOR. WHAT IS DIFICULT FOR YOU IS YOUR EXPECTATIONS DON'T COINCIDE WITH YOUR REALITY YET.

Give us just one victory

THERE IS NO EVIDENCE ON RECORD THAT THE BANKS HAD A LEGITIMATE CLAIM, NOR IS THERE ANY EVIDENCE OF BANK FRAUD BY THE DOREAN PROCESS. THAT'S A VICTORY TO ME. THE ADMINISTRATIVE JUDGMENTS ARE A VICTORY. THE PREPARATIONS AND SACRIFICES ALREADY MADE FOR A COMPLETE VICTORY SHOULD BE GOOD ENOUGH FOR NOW SINCE YOU ARE REALLY LOOKING FOR A PERSONAL VICTORY WHEN YOU ASK YOUR QUESTION. IF CONVICTIONS ARE OVERTURNED, THIS WILL BE A VICTORY FOR SURE.

mogel007 said...

Notarial Dissent said: "there is NO EVIDENCE that they were ever properly registered either with the IRS or the states they were domiciled in."
________________________________

Yes there IS EVIDENCE of clients applying for a FEI to assign to their family trust. I know I did. Again, you make accusations with no merit.

mogel007 said...

Notarial Dissent said: "there is no evidence that they were ever properly registered either with the IRS or the states they were domiciled in."
_______________________________

Are you saying a trustee must be registered with the IRS before they can be a trustee of a family trust? I'm not sure what you are saying here.

sopsback said...

!OK. YO REALLY WANT TO KNOW WHY YO LOST YO CASE FRONT OF JUDGE ALLSLOP?

IT WASNT BECASUE OF WHAT YO DID, BUT BECASUE OF WHAT YO DIDNT DO!

HERE WHAT YO SHOULD OF DONE.

---------------------------




Next time someone wants you to appear in court, tell them gently, no thank you,
* I'm a member of the Galactic Federation of Light.* Create your reality. Next time someone wants you to pay income tax, tell them as kind as you can, no thank you, I'm a member of the Galactic Federation of Light. Next time someone wants you to look in the mirror and not love yourself 100%, look into your re
flection and say, as a member of the Galactic Federation of Light it is my duty and pleasure to love myself 100% because I am a creator just like our Creator. I claim myself in this very moment, free from all slavery, I'm playing a new role in town......I'm now a member of the Galactic Federation of Light.My memory is fresh but that doesn't contain the Truthfullness of it All.

For those who have yet forgotten their Galactic status, may we remind them that we are spiritual beings and cannot agree to our previously agreed upon contracts, because so few are acting in good faith. You are now free from all contracts that have not been signed in good faith....new world order is being shut down because all of it's agreements have been nulled and voided due to this basic requirement of all contracts, this is the reason why the new world order is crumbling before our eyes. Become a conscious member of the Galactic Federation of Light and shut down the new world order. Updated daily messages from the Galactic Federation of Light and those that love you who come from outer space and other dimensions can be found at http://snoedel.punt.nl (you might think I'm joking but I am most certainly not!) These are very challenging times, and beings in the internet are reaching out to humanity, it's important for us to reflect on this truth. It's imporant to lovingly embrace our spiritual heritage in the presence of others in order to ground the Light around us. Let's embrace our spiritual heritage as a species.....let's disarm all weaponry with our love for Creation. Love All Creation today with your focused thoughts, actions and intentions though the heart with wisdom, peace and love. The next time some experience pulls you out of your love......grab an Angel and release, release, and release.....push your energy through and rebirth a new level of existance. Love Dieter Indian in the machine I have taken conscious steps to know myself and my place in the world as it transits from the 3rd dimension of duality to the fifth dimension of Love. I invite you to learn about you and your own journey through my reflection at www.indianinthemachine.com/index2



JUDGE ALLSLOP: "yo have been charged with gong 25mph over the speed limit; how do yo plead?"


VICTIM: JUDGE 1/2 SLOP, I DO NOT ENTER A PLEA. IT IS NOT POSSIBLE FOR ME TO PLEA AS I AM MEBER OF THE GALCTIC FEDERATION OF LIGHT. AND YOU ARE OBVIOUSLY A MEBER OF THE FEDERATION OF DARKNESS AND ARE TRYING TO RAILROAD ME. I HEREBY CANCEL ALL MY CONTRACTS© WITH YO.

notorial dissent said...

Moogey replies
Yes there IS EVIDENCE of clients applying for a FEI to assign to their family trust. I know I did. Again, you make accusations with no merit.

Thanks for confirming one thing Moogs, and did you also register them with the state you live in? Have you filed the required tax forms?

Moogey question
Are you saying a trustee must be registered with the IRS before they can be a trustee of a family trust? I'm not sure what you are saying here.

I’m saying that any trust must be registered with both the IRS, and the domiciliary state’s taxing authority, and in some states with the local district court. Plus they have to meet the legal standards and requirements of that state’s laws. As I remember, the trustees also have to file a variety of tax forms, and have to sign them and file them with their ssn’s as well. Failure to file the proper reports can result in some really nasty fines and tax consequences even if the trust is ruled to be invalid.

near the end said...

No not so.

neodemes said...

"100% PROVEN PROCESS" WAS THE HOOK AND THAT WAS AND IS A BIG, FAT STINKING LIE, BYRON.

RAVE ON!

sopsback said...

warn'em buffet, have some more kool eggs with yo ho durves...


=========================




Rumours now swirl that two major U.S. banks are in big trouble and will fail within weeks. That's after financial institutions were forced to take writedowns worth more than $150 billion US, while central bankers around the globe crank up the money-making machine to keep financial institutions afloat.

MIDAS TOUCH

Even billionaire Warren Buffett, known as the Sage of Omaha for his investing Midas touch, has been critical: "It's sort of poetic justice, in that the people that brewed this toxic Kool-Aid found themselves drinking a lot of it in the end," he said.

But is it poetic justice when we all end up drinking this Kool-Aid? Even sicker is while masses get slaughtered, a few walk away very rich.

====================






"Even sicker is while masses get slaughtered, a few walk away very rich.




yea, very rich...purported some folks who invested in some new kind of "secret investment" only the privileged can get in...no, not bank dentures that pay 100%/week


no, sum investment that you cant get into anymore....i thik it was called dg or something....


LOLOLOLOLO!!!!!!!!!!!!!

sopsback said...

"Rumours now swirl that two major U.S. banks are in big trouble and will fail within weeks.

---------------------------



gee, if one of yo is bank of america©, can yo please wait until next week to close so i can get my $79 out of yo bank??

there is this really good hiyp taht put out by belly brawl that i to invest in.


i no its not a SCAM like some others ones ionvest in. beely is really a nice guy.

sopsback said...

gotta hurry up and get my $79 out so i can get in on a new program...


http://www.private-million
aire.org/1/03797595-gateway-
page.htm

Pauligirl said...

mogel007 said...
Pauligirl said: "You will not find anything that says its in the best of the principal to file fradulent documents."
_________________________

I agree with you on that point, however, the issue whether the documents filed WERE FRAUDULENT is still not clear & IS THE QUESTION TO SETTLE ONCE & FOR ALL.

=================================
Of course they were fraudulent. Did you not read them? The reconveyance says:
"D. Scott Heineman, as duly appointed Trustee under Deed of Trust through Specific Power of Attorney hereinafter referred to, having received from holder of the obligation thereunder a written request to convey, [..can't read this part..] that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does hereby Reconvey, without warranty, to the person or
persons legally entitled thereto, the estate now held by it, hereunder."


And that's the funny part. Has anybody seen that written request?
If the banks had actually discharged the debts, there wouldn't be
any foreclosures going on.

D. Scott Heineman, is not duly appointed Trustee on the Deed of Trust. He has no authority to sign for the bank.

sopsback said...

untied nations article:



www.climateneutral.unep.org/
cnn_contentdetail.
aspx?m=57&amid=666



=======================



what those nimbers at the end of the link????

wha they get that from?

mogel007 said...

Pauligirl said: "having received from holder of the obligation thereunder a written request to convey, [..can't read this part..] that all sums secured by said Deed of Trust have been fully paid,"
_______________________________

One could contend that the dorean trustees gets the authority to reconvey title from the borrower when the client signed the property into the trust and gave power of attorney to the dorean trustees. Since the promissory note was the original funds that in essence paid off the home, and the presentment went uncontested, in fact the borrower is the holder in due course, and the authority in this scenario comes from the borrowerer.

Or one can argue that this authority is implied through the substitution of trustee and power of attorney wording documents that were filed.By the lender not validating the debt, the lenders agreed to all the wording in the substitution of trustee doctuments and the power of attorney documents. Here's the documents that you are looking for to show that the debt had been paid in full because the lender accepted these documents & the powers & rights contained therein.

notorial dissent said...

Moogey trying another excuse
"D. Scott Heineman, as duly appointed Trustee under Deed of Trust

From this point forward the document was a fraud, as Scott was not and had not been appointed anything of the kind, as there was no “Specific Power of Attorney” in either fact or law.

The great liar had not authority, legal or otherwise to be signing anything for the banks, and thus the fraud. The fact that he sent the documents through mail made it mail fraud, and thus he will end up with a really nasty long Federal prison sentence. There is no question that the documents are fraudulent. The banks never explicitly granted authority, and power of attorney doesn’t happen otherwise.

Moogey hallucinating some more
One could contend that the dorean trustees gets the authority to reconvey title from the borrower when the client signed the property into the trust and gave power of attorney to the dorean trustees.

One could contend that the moon is made of green cheese, but it would still be a crock. The borrowers DO NOT have power of appointment to the Trust Deed, so there is not authority. The Trust Deed and note belong to the holder in due course, and that is not the borrower, your nonsense conclusions not withstanding.

Moogey’s one last hallucination
Or one can argue that this authority is implied through the substitution of trustee and power of attorney wording documents that were filed.

Only if one is illiterate and totally bereft of reasoning ability, and or morality and ethics, but then we are talking about you and the Dorean dimbos so I suppose you could. It still doesn’t alter the fact that it was constructive and intentional fraud and intent to defraud.

Pauligirl said...

mogel007
What does
"that all sums secured by said Deed of Trust have been fully paid"
mean to you?

You can put all the spin on it you want, but it will not change the fact that the documents were fraudulent.

Scott from Vineland said...

Dear Colleague,

I am pleased to announce that Nehemiah was victorious in its litigation against HUD!

Judge Lawrence K. Karlton of the United States District Court for the Eastern District of California upheld Nehemiah’s motion for summary judgment. The Court Clerk's Office is directed to enter judgment and close the case.

To be clear, the U.S. Department of Housing and Urban Development’s (HUD) rule to ban private downpayment assistance as proposed in the “Standards for Mortgagor’s Investment in Mortgaged Property” regulation published October 1, 2007, is permanently set aside.

We are thrilled with the Court’s decision to support low-to-moderate income families across the country by ruling against HUD’s attempt to ban private downpayment assistance. This is a major and conclusive judgment, leaving no uncertainty that downpayment assistance is a life line to the families that Nehemiah serves. It is heartening to see that the Court’s arguments echo our sentiments and concerns. This decision preserves access and supports the use of sensible and reasonable approaches to homeownership for millions of working class families. It is a privilege to continue providing a helping hand to America’s underserved families by building both safer communities and financial strength through homeownership. As we have said before, we look forward to working with HUD to support deserving families across the country.

Since May 2007, Nehemiah has led the fight against this controversial rule. Since it was announced, there has been confusion throughout the industry regarding the potential impact of this rule. As the DPA industry leader, Nehemiah took seriously our responsibility to provide you with timely, accurate and responsible information about the events and activities surrounding this issue.

We took action by educating influential people and organizations regarding the truth about downpayment assistance. We asked for our homebuyers and industry partners to help us by voicing their support and the response has been overwhelming. I want to thank each of you for your letters, phone calls and spoken support of Nehemiah throughout this unfortunate situation. Your support has helped raise awareness in Washington D.C. which has increased the dialogue regarding DPA regulation though legislation. We hope to see some positive congressional developments aimed preserving the option of private downpayment assistance for homebuyers. Currently, the Senate is contemplating FHA Reform legislation that will determine the fate of private downpayment assistance programs. Please help us one more time by contacting your Senators to convey your support for downpayment assistance; a very important vote is expected in the next few weeks.

As a reminder, we provide a section on our website called Regulatory Updates where we detail significant issues relating to DPA regulatory and legislative events. Check back for new postings or sign-up to have accurate and timely information delivered to you.

On behalf of the entire Nehemiah team, we look forward to providing you with the same unmatched quality you have come to expect from us for years to come.

Sincerely,


Scott Syphax
President & CEO
Nehemiah Corporation of America


Nehemiah Corporation of America | 424 N 7th Street, Suite 250 | Sacramento, CA 95811
Toll Free: 1-877-634-3642 | (877) NEHEMIAH

***************************************************

Show of hands, please... who is familiar with the Nehemiah program and it's imitators and who thinks they are a good idea?

mogel007 said...

Pauligirl said: What does
"that all sums secured by said Deed of Trust have been fully paid"
mean to you?
_________________________________

It means the same thing as the wording what is found in EVERY DEED OF TRUST before the borrower signed it. The borrower comes to the closing table as the owner of the property free & clear. The property was paid off from the value of the promissory note. How can the borrower warrant the title from all encumbrances if he doesn't own it at that point in time before he signs HIS PROPERTY over to the bank?

Pauligirl said...

mogel007 said...
Pauligirl said: What does
"that all sums secured by said Deed of Trust have been fully paid"
mean to you?
_________________________________

It means the same thing as the wording what is found in EVERY DEED OF TRUST before the borrower signed it. The borrower comes to the closing table as the owner of the property free & clear. The property was paid off from the value of the promissory note. How can the borrower warrant the title from all encumbrances if he doesn't own it at that point in time before he signs HIS PROPERTY over to the bank?

---------------------------
Errrr, no. Nice try on changing the subject. The DUO signs a paper to record saying the bank is paid in full. Is the bank paid before they sign it? NO. Is the bank paid when they record it? NO. Is the bank ever paid? In this case...NO. So, the Duo committed fraud by recording such a paper.

Not that it has anything to do with it, but the borrower does not come to the table as owner. The Seller warrants title on the deed. In NC, the property does not pass ownership until the deed is on record.

notorial dissent said...

Just as an afterthought, and something else for you to be totally wrong about, try looking up escrow. You won't understand that either, but it will give you something else to be wrong about.