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       Matt Taibbi is attacking the $26 Billion solution and the big banks. He has it correct (see YouTube Young Turks video). Thus I ask - "Riddle me this" -

Why is it that courts presume that homeowners are at fault for winding upside down on their mortgage(s)? Yet Paulson, Geithner, Bernake, Blankfein and all those other geniuses who did not (purportedly) see the debacle coming - are entitled to presumption of innocence and benefit a Bailing Out?

       We are in a financial crisis unyielding. Our lending institutions, with the assistance of Wall Street larceny - are engaging in organized criminal behavior so massive that they are literally - "Too Big To Jail" (see picture [right] from ARTIST Michael D'Antuono (posted by permission from his website "Art and Response")). Matt Taibbi broaches the issue on what this web writer feels is the "entire" issue - "Is the mortgage crisis and intentional Fraud from the outset"? So much so that entities like Bank of America are schemers of fraud without remorse or relent.

        There's a simple legal premise that applies here - the legal term of "Presumption" of rights. Courts "presume" that the lender is there in good faith and that the borrower/ homeowner has defaulted upon their payments. This assumption of facts not in evidence may have been prudent and time saving in the past but is now a gross miscarriage of justice. For, I would argue, that MERS, the large banks and others were engaged in "intentional" bad faith from the outset and continue to do so now. Thus, the burden of proof that used to be upon the borrower, should now be transistioned to the one seeking to foreclose.

         Especially given the fact
                           that those seeking to foreclose
                                                   - more likely than not -

                                      may not have the legal right to do so!

   

The Law and Knowledge of Rights can help - if it is "worth" your time to learn!

     
FULL DISCLOSURE

      Laser Haas is NOT an Attorney. Anyone who is facing foreclosure or in need of foreclosure legal review should seek an Attorney at Law . I do not own a home or mortgage ( Goldman Sachs and Bain made that vanish in 2002 ).  Within this Blog are my "opinion(s)" - and as such - they are nothing more than thoughts that can and should be dismissed until due diligent research provides corroborative proof that the mindset may have some validity - that is - that you have now formed your own opinion. The point is to have a "knowledgeable" one that makes you a better client for your attorney - that you should hire.

       What this New group (Foreclosure and Renters Rights and Battles) seeks to do is help those in trouble so that they will not be taken advantage of by a new set of predators. There are those who want to get your last dollar and have questionable motives and outcomes on your behalf.  They seek to charge you by beguiling you in your time of need - that they have the ONLY possible solutions. They will charge you hundreds and even thousands to give you information that is "freely" available to all.

    The only person you should be paying for their expertise - is a competent attorney.

       We will provide you in the coming days and weeks - many arguments against predatory lending and predatory "helpers". The big banks, MERS, our federal governments handling of the crisis, details of the $7 Trillion dollar bailout (yes it was Trillions - Not Billions) and links to various websites that purport to assist. We will also provide links to those we feel do help everyone. So that you may see the real discussions going on out there in our nation.

    . No one I am giving you refernce to - have any business relationship with me. I get not 1 penny for providing you their links. I've spent 3 years helping those ripped off by probate issues (where CA places Trustee's), landlord/ tenant issues, Unlawful detainers, mental abuse, financial abuse and learning foreclosure saga issues. It is my utmost hope that you utilize the educational links provided below to assist you in a time of crisis.

    Our Senators, Congressmen and President know that this problem still looms large and has economic harming possibilities gartanuan. Bush got us here and the problem is that President Obama still has people like Geithner claiming to be able to fix the debacle their lack of prowess (or bad faith intent) - helped to perpetuate.

    We, the American tax paying citizenry = are going to bail out the crooks again!

Fighting FraudClosure


.
        Abusing the law and ROBO signing issues has become such a nationally significant issue with so many on the side of borrowers being abused
Nevada has 80% of Home owners under water in their mortgages
.
       Being more aggresive than most states Delaware's AG (Beau Biden) fought the settlement and Nevada's AG (Catherine Cortez Masto) objected to the $26 Billion settlement on the ROBO signing issue. So much so that Nevada enacted a new law that anyone who does violate the law will be prosecuted for creating "Clouded" Title issues.

See Dylan Ratigan's interview of Nevada AG Masto here;

Visit msnbc.com for breaking news, world news, and news about the economy

   

    One does not fight the enemy to save the castle after it has burned to the ground.

       Instead, you go and face them on the open battlefield, before they torch your property beyond saving. Waiting for your lender to come evict you before you fight for a clean Title is akin to putting the cart before the horse. No jury can help you. Because the issue of a Title is a matter of equity and can only be decided by a Judge. It seems that it is much more prudent, if you see fraud has transpired and your lender is acting in bad faith - to go on the offensive and settle the matter on your terms.


Wall Street's Knowledge of Mortgage Fraud


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            As denoted by Matt Taibbi in the video above and his Rolling Stone Blog detailing the fact that the $26Billion fix that Taibbi believed was good - even fooled him (see RS Taibbi Blog story "Why the foreclosure deal may not be so hot after all") - the Banks get another bailout purportedly under the guise of helping home owners.

       Agreeing with Taibbi and taking it one step further, I would state that, arguendo, the real issue is that of the legal premise of "in pari delicto". That is to say, 2 wrongs don't make a right. Or, as is the full terminology "in pari delicto potior est conditio possidentis" specifically, as denoted by Wikipedia (here) -

In pari delicto (potior/melior est conditio possidentis), Latin for "in equal fault (better is the condition of the possessor)"[1] is a legal term used to indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort.

The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of wrongdoing by both parties. The phrase means, in essence, that since both parties are equally at fault, the court will not involve itself in resolving one side's claim over the other, and whoever possesses whatever is in dispute may continue to do so in the absence of a superior claim. The doctrine is similar to the defense of unclean hands, both of which are equitable defenses. Comparative fault and contributory negligence are not the same as in pari delicto, though all of these doctrines have similar policy rationales.

The same principle can be applied when neither party is at fault if they have equal right to the disputed property, in which case the maxim of law becomes in aequali jure (melior est conditio possidentis).[2] Again the court will not involve itself in the dispute without a superior claim being brought before it. (emphasis added)


Here, in a video, Rachel Maddow's take on this issue and points out there may be so hope and that begins with the understanding that foreclosure "carte blanche" is no longer a given.


Visit msnbc.com for breaking news, world news, and news about the economy



Please be a Good Faith Citizen and Pay your bills on time
.
     You should pay your bills and you owe what you owe. This Group is not here to help you "snake" your way out of your obligations. We need a citizenry that is based upon doing their patriotic duty of paying bills in good faith, buying in good faith and handling all issues in good faith.

     That being said, your government works more for the adversary than it does for you. Even when people have always paid your bills on time and qualify for a mortgage adjustment (or for that matter actually were promised a mortgage workout), the banks are not motivated to deal in good faith. They have become "EBIL" and devourous machines of Machiavellian order. They make more money by foreclosing upon you - than they do working out your issues. It is for the abused that we are doing this Group. To save you money, educate you and become a united force in good faith pursuits of equitable justice.

       What will be provided in the days and weeks to come are arguments against the big banks, MERS, our federal governments handling of the crisis, details of the $7 Trillion dollar bailout (yes it was Trillions - Not Billions) and links to various websites to help everyone see the real discussions going on out there in our nation.

        During a Foreclosureprocess, you have Foreclosure Rights the (purported) lender is fighting to take control of yourTitle. You, the borrower/ mortgagee are in the battle to keep your Title. What is the 1st question and "presumed" to be of no question is the fact that both of you have the legal standing to be in court to battle over the Title.

           If not, then there is a "clouded" (in doubt) issue.

        Thus, we will begin with how we got in this mess. Who is right and wrong. Where we are going. How we can best address the issues and hopefully become educated combatants against manifest injustice (it seems to be my calling - unpaid as it is).

        So give me your questions and thoughts in the comments of what you would like to hear about. I believe this was a fraud from the outset and that "in pari delicto" is applicable (2 wrongs don't make a right). Not only are you getting abused in your eviction/ foreclosure process. But everyone that comes behind you into the property, is of "questionable" legal status.

       I also believe the largest harm of the Mortgage Crisis is still yet to come. MERS was formed in bad faith, almost always acts in bad faith and Must Go DOWN, because it is a mechanism that can only lead to one logical end. The demise of land ownership by citizens due to the fact that they are Too Big To Jail.

                      Can you Stop Foreclosure?    

                              Do you have a Quiet Title Action?

                                                     Can You get a Clean Title?



Originally posted to laserttheliquidator on Sun Mar 25, 2012 at 02:29 PM PDT.

Also republished by Foreclosure and Renters Rights and Battles.

Poll

Are big BANKS and Wall Street firms

41%5 votes
50%6 votes
8%1 votes
0%0 votes
0%0 votes

| 12 votes | Vote | Results

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Comment Preferences

  •  Tip Jar (11+ / 0-)

    PLEASE, by all means possible, THINK for yourself? Then make a difference in the world; by doing something good for someone else today.

    by laserhaas on Sun Mar 25, 2012 at 02:29:20 PM PDT

  •   about the poll, are they what ? (4+ / 0-)

    without the ants the rainforest dies

    by aliasalias on Sun Mar 25, 2012 at 03:00:56 PM PDT

  •  Nice diary laser! (1+ / 0-)
    Recommended by:
    laserhaas

    You have given me much to think about and I will be on the look out for more installments.

    Visit The Inoculation Project Sunday morning and support science and math projects in red state classrooms!

    by nervousnellie on Sun Mar 25, 2012 at 06:30:20 PM PDT

    •  Thanks nervousnellie - it is a much more complex (1+ / 0-)
      Recommended by:
      nervousnellie

      issue than the Big clean [very sic] Banks would have everyone believe.

      PLEASE, by all means possible, THINK for yourself? Then make a difference in the world; by doing something good for someone else today.

      by laserhaas on Sun Mar 25, 2012 at 07:08:07 PM PDT

      [ Parent ]

  •  Just posted this in the OVernight Thread (1+ / 0-)
    Recommended by:
    laserhaas

    but it also seems totally pertinent here as well.  MB had written about not learning the lessons of the financial meltdown, and I relate my current experience as a title searcher:

    Haven't learned a damn thing.  I see this in my work, doing real estate title searches.   We're finally seeing what looks like the beginning of a normal annual cycle business pickup, and immediately, IMMEDIATELY, we're getting the same-old same-old oh rush this title through and this one, and this one, all this next three days, they have to close right away.  When of course, it was that rush rush go-go shit, with bankers looking to be able to book their origination fees this quarter and screw getting everything done in an orderly efficient and (ahem) legal manner.  And we're expected to just go along with a repeat performance of the same bullshit that got us into that mess before.  without even some goddamn grace period.

    You know, I don't expect that the bankers would have learned any lessons.  After all, there wasn't the slightest skin off their nose in this whole thing.    The rest of us even made sure they still got bonuses for their half-ass slipshod, lazy self-indulgent and eventually criminal behavior.  And I think we can be damned sure that not a one of them that cashed a taxpayer financed bonus check will ever see the inside of a jail cell, or even a classroom learning the basic standards of conveyancing practice.

    But it infuriates me that the lawyers and escrow agents are immediately falling back into that same old pattern for some fistful of chump change.  They're the ones that should have learned, that should know better, that should be saying to the bankers, "whoa, slow down, we can't afford to repeat the same damn mistake."  But for some bankers contemptuous ha'farthing the lawyers and brokers  are acting like everything that caused the real estate meltdown never happened, that we can go back to doing things just the way they were before.  

    The profound and comprehensive lack of ethics, integrity and common sense, even the ability to learn from mistakes only recently made whose consequences are still daily haunting us, in today's business, financial and legal communities is stunning in its breadth and depth.

    The law, in its majestic equality, forbids rich and poor alike from sleeping under bridges. ~ Anatole France

    by ActivistGuy on Sun Mar 25, 2012 at 09:46:20 PM PDT

    •  Thansk ActivistGuy - I actually told MB I disagree (0+ / 0-)

      That "they learned" they can fleece us for Trillions and are now doing it again.

      I adore MB (he converted me)
      He made a comment the other night - I need to find and quote more often (about not doing anything is the same as helping the ebol continue)

      here's the link to my response
      http://www.dailykos.com/...

      Thanks MUCH for thinking of it and bringing it to me. So many diaries, blogs, Groups and now learning new things I can't keep up...

      PLEASE, by all means possible, THINK for yourself? Then make a difference in the world; by doing something good for someone else today.

      by laserhaas on Sun Mar 25, 2012 at 11:40:28 PM PDT

      [ Parent ]

    •  DAM - can't find where MB said it - gonna drive (0+ / 0-)

      me NUTs - until I find it.

      PLEASE, by all means possible, THINK for yourself? Then make a difference in the world; by doing something good for someone else today.

      by laserhaas on Mon Mar 26, 2012 at 12:03:25 AM PDT

      [ Parent ]

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