RE: More Fallout from the bailout (Full Version)

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Termyn8or -> RE: More Fallout from the bailout (9/20/2009 8:21:48 AM)

Interesting UN, though I could only give it a quick scan because it is Sunday morning and I need some time for my eyeballs to fall into place (LOL). I wll have to give it a full read later. But "bankrupcy boot camp " sounds pretty cool. I have no compunctions against taking every legal advantage.

This is not the only venue in which justice is broken or at least very badly bent. It did take me a while to learn it, but I see how it is. They will do everything possible to ruin you and throw your ass in jail if they take a mind to, so I have no problem with the defense resorting to the same nasty tricks. I may cheer when they execute a mass murderer, but for lesser crimes I don't bitch when someone gets off on a technicality.

If I wetre on the other side I could probably come up with a proper argument and screw the 'deadbeats', all nice and legal. The argument would consist of 1) You signed that you will pay. 2) This guy paid it, now you must pay him. )3 Here he is and he wants his money. He has the paperwork which transferred the loan to him.

But take the argument to next level. There are two loansharks in town, Rollo and Ringo. Rollo is known for a quick temper and kills/maims people for non-payment. Ringo on the other hand is a bit more easy going, and his business is actually doing a bit better because quite frankly his clientele is still able to work after missing a payment. So naturally most people would go to Ringo to get money. Should Rollo even be allowed to 'but the paper' so to speak ?

We went to a specific bank, our second choice actually to get the loan for this house. Reasons include the fact that back then they were one of the few banks where you can make the payment on a Saturday. The first choice was the bank in US that maintained the highest capitalisation of all. The bank that got our business was a smaller bank, nearly as solvent and now that I mention it neither one of them has asked for, nor needs any sort of bailout. I think it was simply business done the right way.

So in light of that, they write you a fifteen year mortgage, you are in it for the long haul, fifteen years unless you pay it down early. Now if perchance it was illegal to sell paper, they would also be stuck with it for the whole term, just like the debtor. What would be wrong with a system like that ?

Given that provision, and the fact that instead of writing a check for their misdeeds, the Armani is traded in for a blue jumpsuit and the Rolex is similarly exchanged for a pair of handcuffs, I think things would be alot different right now. I would actually commit a crime to see these assholes take a shit, trade their muffins for meat, fill out the commisary form every week, things like that. Hey, I can dream can't I ? Of course if they got raped the same rules would apply - I didn't see a thing. Drag his ass feet first down a flight of stairs, I am blind as a bat.

The game is almost fair if everyone plays by the same rules. Like in a casino, the best of the best can actually come close to leveling the playing field, and anyone who knows what they are doing knows that this is the best they can do. In other words don't bet the rent no matter how good you are. Getting a fair shake in court is even harder though. It could take years to learn just enough to win one case. Some lawyers are actually worth the money, and I hope to hell the one handling my affairs is, he came with really good recommendations. At this point in life, in a criminal case I would probably represent myself pro se, but when it comes to the financial I simply don't have the time to learn how to effectively do this.

More later, feeding time at the zoo. I'll explain that later.

T




UncleNasty -> RE: More Fallout from the bailout (9/21/2009 10:55:53 AM)

tazzy,

I found this one in my regular net research today. It explains, in the overall, why financial players in the economic mess brought on by shoddy and illegal practices are not going to jail - yet. It also mentions the Rakoff decision of last week towards the end.

http://www.mcclatchydc.com/homepage/story/75720.html

Uncle Nasty




tazzygirl -> RE: More Fallout from the bailout (9/21/2009 1:06:42 PM)

ohhh thank you!

I have been reading your posts, and those of others on this thread. believe me, i dont want you guys to stop. im learning alot!




UncleNasty -> RE: More Fallout from the bailout (9/21/2009 6:21:10 PM)

tazzy,

I found this one this evening. I spent my day rescuing an eastern box turtle with an abscess most of the day.

In any case this shores up, and also mentions, Katherine Porters study, which I referred to earlier in this thread. I've come across several important cases in BK courts in the past few months. A US Trustee has enjoined 2 parties, Fidelity (now Lender Processing Services) and Option One Mortgage Corporation, in a case in Louisianna BK Court. They will be running discovery against them. I'm quite interested in what they turn up as both of them are involved in my situation also. Discovery can be used from case IN ANY OTHER CASE!!! And some  of it is under oath and penalties of perjury. I can assure you they will be fighting it tooth and nail. They haven't really organized their lies well enough so no matter how they answer they'll be on the hook for something, somewhere. I'll see if I can find my info on that case.

But, here is the link:

http://thepatriotswar.com/index.php/bankruptcy-judges-doj-rip-mortgage-companies/loan-modification/

There are many layers and levels of misbehavior in the whole "mortgage mess." In my own case Plaintiff and Plaintiffs counsel quite literally fabricated false evidence to obtain judgment against me. If you read the "alphabet soup" post of Max Gardener that becomes easier to understand. They created a document that delineated a chain of custody, or title, that went directly from "A" to "E," which is of course not possible in a securitized loan and series of transactions. Shoot if they were just creating the illegitimate documents out of thin air seems they could have at least faked it better than they did.

Think of the "Energizer Bunny" as you read this - I'm "Still litigating, and litigating, and litigating"

Uncle Nasty




hizgeorgiapeach -> RE: More Fallout from the bailout (9/21/2009 8:29:47 PM)

quote:

Think of the "Energizer Bunny" as you read this - I'm "Still litigating, and litigating, and litigating"

 
(Ya know, UN, there IS something to be said for Stamina... *evil grin*)




UncleNasty -> RE: More Fallout from the bailout (9/22/2009 9:21:14 AM)

Here is a recent case out the Kansas Supreme Court. Rather earth shattering.

From Ellen Brown on huffington post:

http://www.huffingtonpost.com/ellen-brown/landmark-decision-promise_b_292333.html

The same from Neil Garfileds site livinglies:

http://livinglies.wordpress.com/2009/09/16/kansas-supreme-court-sets-precedent-key-decision-confirming-livinglies-strategies/


The case is available at no charge on lexisone, the free companion site of LexisNexis, under the following case citation:

2009 Kan. LEXIS 834

Read more at: http://www.huffingtonpost.com/ellen-brown/landmark-decision-promise_b_292333.html

You will have register for an account in order to read the full opinion, and to search by "citation" in order to find the case. For those of you that already have a lexisone account here is the direct link:

http://www.lexisone.com/lx1/caselaw/freecaselaw?action=FCLRetrieveCaseDetail&caseID=1&format=FULL&resultHandle=7b227b300eaa2155636b21c245999a0b&pageLimit=10&xmlgTotalCount=1&citation=2009%20Kan.%20LEXIS%20834

I think the opinion speaks for itself, and while Kansas Supreme court rulings aren't binding on other jurisdictions, without question they are instructive to other courts, and the argument and reasoning are dead on balls accurate.

Uncle Nasty




UncleNasty -> RE: More Fallout from the bailout (9/23/2009 10:05:03 AM)

Term,

Have you had a chance to give that information a more thorough read?

Uncle Nasty




MrRodgers -> RE: More Fallout from the bailout (9/24/2009 11:04:34 PM)

quote:

ORIGINAL: tazzygirl

Thank you for the explanation. A question though... am i to understand that Mortgage companies arent the ones who can forclose? That part is still a bit fuzzy to me.

That is correct but the issue here is not mortgages but BoA lying about bonuses to their investors. It is about the blatantly soft pillow and bed the SEC offers where the truly guilty getting away scot- free with the victims of the lie...paying for it.

All of these SEC settlements have been nothing more than a financial slap on the wrist (cost of doing illegal business)  with no principals ever prosecuted, complete with no admission of guilt and doesn't stop banks or corporate America from doing just about anything they want.

This judge gets it and isn't cooperating with the plutocracy.




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