Category Archives: Foreclosure

Help and information with foreclosures

Time to Abolish FDR’s “New Deal” Thanksgiving? (Only Hallmark Cards and Turkey Farmers would really object)

Originally Published on: Nov 25, 2011 @ 0:59

In the August 1942 Paramount movie, “Holiday Inn”, Bing Crosby’s character Jim is at his absolute low point of the year at Thanksgiving.  I completely concur.  Not even Irving Berlin could write a memorable song about this holiday, and now that I think about it, I know of no Thanksgiving songs at all—I suppose no one can really sing when stuffed to the gills with Turkey.  Eucharistic hymns of Thanksgiving in Church, to be sure, are songs of Thanksgiving, but not AMERICAN (United States Holiday) Thanksgiving.

As it happens, in 1942, Thanksgiving had just been set by Franklin D. Roosevelt on its modern date by proclamation signed on November 26, 1941, a little over a week before Pearl Harbor (the attack on which Roosevelt may well have been planning and of whose imminent occurrence evidence now shows, at the very least, Roosevelt to have been perfectly well informed and aware).

So THIS YEAR 2o12 is the 71st Anniversary of the “New Deal” Thanksgiving, and I think it’s high time to wipe this wretched artificial off the Calendar entirely.  The general concept of Thanksgiving may go back to George Washington, the Continental Congress, and the Pilgrims in 1621 some historically esoteric and metaphysical senses, but the Pilgrim association itself is one of English treachery.  How few Americans on Thanksgiving Day recall King Philip’s (the Wampanoag Grand Sachem Metacom’s) War of 1675-1676) and the resulting Genocide of the Wampanoag Tribe celebrated in that First Fabled William Bradford Thanksgiving in 1621. The Wampanoag was the Nation of Squanto and Massasoit who did so much to facilitate English Colonization “New England.”  All other subsequent associations, and the very timing of the holiday, are an insult to deeper values, including not just 500 years of Native American subjugation and genocide but the subjugation and (near) genocide of the American South, and the progressive secularization of the United States from a Christian into a purely materialist and grotesquely indulgent and commercial nation, culture, and society.

It had been not until 1863, four days after the Gettysburg Address, when President Abraham Lincoln declared Thanksgiving to fall on the last Thursday of November, that the modern holiday was celebrated “nationally” (meaning, of course, in the Northern States).  With a few deviations, Lincoln’s precedent was followed annually by every subsequent president–until 1939. In 1939, Franklin D. Roosevelt departed from tradition by declaring November 23, the next to last Thursday that year, as Thanksgiving Day. Considerable controversy surrounded this deviation, and some Americans refused to honor Roosevelt’s declaration. For the next two years, Roosevelt repeated the unpopular proclamation, but on November 26, 1941, he admitted his mistake and signed a bill into law officially making the fourth Thursday in November the national holiday of Thanksgiving Day.  Supposedly, Roosevelt had considered making Thanksgiving earlier in November but this was “booed down.”

Once it’s all over, and the sales of Alka-Selzer and Gaviscon at the all-night pharmacies have gone sky high, and are guaranteed to remain there during the consumption of leftovers for the next week: someone else needs to second the motion and go on record as saying that of all our American Holidays, Thanksgiving is the absolute worst. Thanksgiving not only epitomizes but stands as a worldwide symbol of corruption, oppression, gluttonous commercialism, materialist secularism, arrogant conquest, and a general depravity of state of mind.  ”Thanksgiving” as celebrated in this Country obscures our heritage and confuses our history, celebrates the absolute worst in the human soul, and was created in relationship and in lock-step with two key wars leading to the abolition of freedom and the constitution, and the coincidental economic centralization and falsification which took place during those wars, namely the War Between the States and World War II.  

Thanksgiving isn’t so bad for me.  I have a wonderful dinner with a wonderfully energetic young blonde overlooking the Pacific planned in Santa Monica, and next week I go to Hawaii.  

But I wonder what Thanksgiving is like this year for those several million Americans who were either  recently or earlier this year, or even last year, evicted from their homes.  I wonder how Thanksgiving is like this year for the millions more among those who are facing foreclosure and eviction who have no hope, no certainty that they will still be in their homes next year.  

It is time to get back to that “Old Time Religion” of Truth and Honesty and Virtue—and the Fourth Thursday of November Thanksgiving we have celebrated since 1941, or 1863, depending on which starting date you want to call “the beginning” is nothing but an accursed day of the Calendar.

Proclaimed and first set as a National Holiday by President Abraham Lincoln only fours days after the elegant but totally fraudulent, duplicitous rhetoric of the “Gettysburg Address”, meant to disguise his true Marxist purposes in going to war with the “better half” of the nation for the primary benefit of a few industrial oligarchs up north, and for the ultimate purpose of subverting the original American Constitution, Thanksgiving has become a source of degradation to three sets of “Native Americans”: those descended from the First Inhabitants of these Western Hemisphere Continents we call North and South America (aka “The Indians”) and those who fought to preserve the Constitution of 1787 against usurpation in 1861-65, and to all Traditional Christians who would celebrate Adventide as a proper time of fasting.  

I wonder how many people (black or white) in Richmond, Charleston, Columbia, Atlanta, Memphis, Natchez, Vicksburg, or Savannah were stuffed to the gills after great feasts on the final Thursday in November 1865-1875?  I wonder how many Americans (northern or southern) felt Thankful to live in America in November of 1876, when the sitting President, Ulysses S. Grant, had announced that the man who received the majority of the popular and electoral vote, Governor Samuel J. Tilden of New York, would never be allowed to enter the White House without a renewal of open warfare between the States.  

That same year, 1876, I wonder how many Sioux Lakota, Northern Cheyenne, and Arapaho warriors knew by late November 1876 that their victory over Presidential Aspirant George Armstrong Custer at Little Bighorn, June 24-25, 1876, had been turned into a rallying cry for the Republicans who needed a major distraction from the misery of post-”Civil War” Reconstruction America, and turned Sitting Bull and Crazy Horse into the scapegoats or major distraction for their own tyranny and failures back east.   Never did any victory have more devastating consequences for any race of people than the Battle of the Little Bighorn had for the Native Americans.  The remnant of that same coalition that defeated Custer was effectively wiped out within 15 years.  And what did November 1891, the first Thanksgiving after the Massacre at Wounded Knee, feel like in the Sioux Reservation in South Dakota, where the relatives of the murdered Sitting Bull and the descendants of Crazy horse were being either forcibly educated or trained for Buffalo Bill’s Wild West Show?  

To my grandparents growing up in Louisiana and Texas, there was no “Thanksgiving” in the early 20th Century because it was the enemy’s holiday.   The current setting of the Federal Holiday of Thanksgiving was not set until 1941—just as certain “insiders” in the government may have been planning for the Japanese attack on Pearl Harbor to force the United States into World War II.  

After eight years of the New Deal, in 1941, the Country was being reshaped, and Thanksgiving was part of its reshaping.  Thanksgiving chronically conflicts with and distracts from the beginning of Advent (almost always the final Sunday of November) and from St. Andrew’s Day, November 30—Saint Andrew being not only one of the 12 Apostles but the Patron Saint of Scotland, Greece, (the ancient “Second Rome” known as) Constantinople, Russia, and Romania among other places—and the Cross of Saint Andrew being the central element of the flags of Alabama, Florida, and the Confederate States of America.  

What’s worse than anything about Thanksgiving is the day after, “Black Friday”, the Macy’s day parade and the gunshot “sooner” start of the race to maximize the secularization and commercialism of the pre-Christmas Season.  Thanksgiving has become part of the Federal Government’s conspiracy to abolish religion in America; the Federal Holiday is thoroughly despicable as an attack and infringement St. Andrew’s Day and Adventide and so on the Christmas Season, the Scottish and Greek Heritage of Western Civilization, and the real meaning of all of these things.

To traditional Christians all over the world, the Season of Advent is a “Little Lent” as my mother called it—the second longest “purple time” at Church in the entire year.  How many people remember to buy Advent Calendars or to keep the solemnity of Mary’s time before giving birth?  No, the grotesque overeating of Thanksgiving followed by the mad orgiastic commercial rush to shop for Christmas presents is a creature of the past 70 years only, fed by Television and contributing to the general secularization of America.  It is a very sad thing.   To my mind, Thanksgiving as celebrated in the United States of America is an insult and a curse to all that is holy, whether one is a Native American of “First American” origins… a Native American of “Southern Anglo” origins, or a Christian with origins anywhere in the world.  Luckily, the personality of “Scrooge” will forever be associated with Christmas, but I say “BAH HUMBUG!” to Thanksgiving.  It is time to do away with Thanksgiving as invented by the 16th and 32nd Presidents (did you ever notice that the 32nd President was Twice as bad as the 16th, but continued all the same basis processes and policies?)???  

Obama, if legitimately he belongs in the “King List” at all, is the 44th President, but maybe by the time of the 48th President *(3 x 16), there will be a recovery in America, a REAL and GENUINE “NEW BIRTH OF FREEDOM” which will truthfully realize the promise of the RHETORIC of the Gettysburg Address by wiping out the centralized banks, income tax, and other institutional baggage of the 16th and restoring the Constitution of 1787, and the Bill of Rights.

Much like the Gettysburg Address, the 13th, 14th, and 15th Amendments contain only noble sentiments, but have been misused and wrongly applied to destroy rather than guarantee Freedom and Equality.  I have often commented that the greatest irony of all is that the modern “Prison Planet” state of existence in America owes its origins to the 13th Amendment, wherein “slavery and involuntary servitude” are abolished “except as a punishment for crime.”  They started building prisons during the war of 1861-1865, and the “criminal justice industry” has been growing by leaps and bounds ever since.  I say to the American People: “let’s tear down the prison walls.”  

But even worse than the perversion of the 13th Amendment and most pernicious of all of these perversions is the use that has been made of the 14th Amendment: turn the quest for equality of a perpetual war of all against all in the United States, guaranteeing that equality will only ever be achieved once we are all perfectly enslaved……  

This is one of those points where I think the “right” meets the “left”—Thanksgiving is a testimonial to the corruption of all that is good.  I want to thank Dr. John Hoopes of the Department of Anthropology at the University of Kansas (“ku.edu”) a co-author of papers on the Early Classic Period in the Maya Lowlands from our Harvard Graduate Seminar Days with Gordon R. Willey for pointing out to me how close my position is to that of the “AdBusters” group which sponsored “Occupy Wall-Street” (which I confess I have mostly just been ignoring).   They call it “Buy Nothing Day” and it’s been going on for 20 years (originally organized in Mexico City and Vancouver, two of my favorite places):


http://www.adbusters.org/campaigns/bnd

The Thanksgiving of 2009, after I had just lost my two primary residences, homes in Texas and California, within several months of each other, I spent in a seaside suite in San Clemente overlooking the Pacific with my son Charlie and my assistant Peyton.  But not everyone has that kind of luck in life.  I am Thankful to say this and every day that I have led something of a charmed life.  And for that reason, and because it is customary, I always wish everyone a Happy Thanksgiving.  But “enough is enough”.  This custom has got to stop.    Thanksgiving is like a gigantic perversion of the Calendar year, a gigantic dead skunk in the road of life every year in the same place—it is way too late in the year to be a Harvest Celebration except in places like Southern Florida and Southern Texas where winter crops can be planted and harvested.  

I personally live to fight for “corny old values” like Truth, Justice, and the American Way, for Family, Home, and Freedom, and to add one Senator for the Bill of Rights and against Indefinite Detention, against the PATRIOT ACT, and against the use of United States Troops in this Country against its own citizens.  

I give Thanks for the Beauty of the Earth, for the Splendor of the Skies, and for the Love which from our Birth, over and around us lies.  

But I do not give thanks for the election, re-election or even the existence of Barack Hussein Obama or the 93 Senators who voted for the NDAA this time last year—almost all of them (of those up for re-election) were reelected, including California’s own despicable hypocrite Dianne Feinstein, and there are some new Senators who would surely vote the same easy “pro-administration” way.

I do not give thanks that we live in a corporate-communist country where the boundary between corporate entities and the government is blurred beyond recognition in the unconstitutional “phony money” Federal Reserve Credit-Note economy.

Gary Kreep, ally of Philip J. Berg, Enemy of Orly Taitz, elected to California Superior Court in San Diego—this will be interesting to watch, and see what HE does with mortgage foreclosures, among other major issues….

OFFICIAL THIS WEEK: Gary Kreep Wins Judicial Election in San Diego—ORLY TAITZ WAS OBSESSED WITH FIGHTING KREEP AND PHILIP J. BERG—SHE HAD NO WISH TO FORM ANY ALLIANCE, only to destroy those alliances that already existed against Obama—and she managed to keep the article Ii eligibility movement very fragmented….for shame on orly!

Gary Kreep and Presidential Candidates / Birther Litigants John Dummett and Ed Noonan
Attorney Gary KreepJohn Dummett & Ed Noonan

Lawyer Gary Kreep, arguably famous (or infamous) for representing Wiley Drake and one or two other clients, claiming to represent Alan Keyes and fighting with Orly about who REALLY represented Alan Keyes (Orly did) in a lawsuit seeking to annul Barack Obama’s 2008 Presidential victory, has won the judicial primary election in San Diego, California. The final 4,000 votes have not been counted, but Kreep has enough of a lead that it is statistically unlikely that his opponent can win. Kreep has a 1,000 vote margin over Garland Peed and will be the next Superior Court Judge in San Diego County.

SUPERIOR COURT – Office No. 34 [link]
GARY GEORGE KREEP 201238 50.14%
GARLAND PEED 200150 49.86%
 Precincts: 1643
Counted: 1643
Percentage: 100.0%

Last updated on: 06-15-12 at: 16:08:28
Source: 
http://www.sdcounty.ca.gov

Gary Kreep represents Ed Noonan in his case challenging Obama’s place on the California ballot in the 2012 Presidential election. [link]

Previously: Gary Kreep Leading Judicial Election in San Diego

A Historical Perspective on Foreclosure Rates: 1,000 per day in 1933 vs. 10,000 per day in 2010

A TSUNAMI OF MORTGAGE FORECLOSURE & EVICTION

A wave of bank foreclosures and evictions has shaken the stability of the people of the United States of America from coast-to-coast in a manner without historical precedent.  While certain urban areas may have suffered higher rates during the great depression of the 1930s, one source reports that the foreclosure rate peaked in 1933 at 1000 homes going into foreclosure every day, nationwide[1].  A separate source reports that in the last quarter of 2010 there were 800,000 foreclosures filed in the Fourth Quarter alone[2].  One not educated in higher mathematics, Boolean algebra or statistics cannot easily calculate or articulate in meaningful terms what the difference between 1000 per day in 1933 and 800,000 per quarter in 2010 would be (although the 2010 figure appears to approach 10,000 per day), but one can fairly say that a disaster of tidal wave proportions grips this country by the throat and every class of society is equally affected except for the very richest of the richest, only perhaps the top half of the top 1% of the population can rest truly safe.


[1]
http://homeguides.sfgate.com/historical-rate-mortgage-foreclosures-8868.html
:

Depression-Era Information

A 2008 article by David C. Wheelock, an economist at the Federal Reserve Bank of St. Louis, cited annual reports issued by the Federal Home Loan Bank Board during the 1930s. These reports reveal that the foreclosure rate exceeded 1 percent from 1931 until 1935. At the worst point in the Depression-era economic crisis, in 1933, about 1,000 home loans were being placed in foreclosure by banks every day.

(Website quoted as of on-line report available and consulted January 29, 2012).

[2]
http://www.housingwire.com/2011/01/12/foreclosures-reach-record-high-in-2010-realtytrac
:

Daren Blomquist, who edits the RealtyTrac monthly reports, said the record set in 2010 will not last for long.

“We don’t think we’ve peaked yet nationwide,” Blomquist told HousingWire. “We’re expecting the 2011 numbers to be slightly higher than 2010, and then start the downward trend toward ‘normalcy’ in 2012.”

Saccacio said foreclosure filings would have been higher in 2010 “had it not been for the fourth quarter drop in foreclosure activity — triggered primarily by the continuing controversy surrounding foreclosure documentation and procedures that prompted many major lenders to temporarily halt some foreclosure proceedings.”

The final quarter of 2010 had the lowest total since the fourth quarter of 2008. Lenders filed slightly fewer than 800,000 foreclosure cases in the fourth quarter, down 8% from a year ago and down 14% from the previous period.

In December, filings dropped 26% from a year ago and 2% from the previous month. Lenders ramped up repossessions, REO, for the month by 4%, led by a 71% monthly increase in Nevada to 3,022 repossessions. However, Nevada REO was still down 24% from a year ago.

Overall, Nevada had the highest foreclosure rate for the fourth consecutive year. There, one in 11 homes received a filing in 2010 despite a 5% decrease in activity from 2009. Filings did ramp up 18% in December from the previous month and were up 14% from December 2009.

Arizona followed with the second highest rate. One in 17 homes there received a filing. Florida, one in 18, was third.

But Blomquist warned more foreclosures could be in store even for those markets that many believe are peaking now.

“There are some states and metro areas where it appears the numbers may have technically peaked, areas of California like Stockton are good examples,” Blomquist said, “but foreclosures are still pretty high in most of those areas and there is still risk that we could see some foreclosure aftershocks hitting those markets in 2011.”

(Website quoted as of on-line report available and consulted on January 29, 2012).

John Michele Fanuzzi & Norah Bawn Fanuzzi 01-31-2012 NOTICE OF OPPOSITION TO REMAND AND BRIEF IN SUPPORT OF REMOVAL TO US DISTRICT COURT

I have Registered as a Candidate for United States Senator, running as a Constitutional Democratic-Republican against Dianne Feinstein, that pillar of the Establishment




I was playing this very inspiring video with JFK, MLK, Jr., and Ron Paul on my I-Pad to a small group in Room 2013 on the second floor of the the Los Angeles County Registrar’s Office for Candidate Registration today. Kennedy was at least nominally a Democrat, although it appears he may have been assassinated, at least in part, for opposing the Federal Reserve and in particular the plan to take silver out of circulation, and hence as a basis for the United States Dollar….which had been “silver” since at least the 1780s…. I was waiting while an even smaller group of unusually efficient bureaucrats processed the paperwork necessary to put my campaign “on-line.”

And so it was that on Friday, December 30, the last business day of 2011, I filed formal campaign papers to run for U.S. Senate against Dianne Feinstein. Many of California’s representatives in Congress are traitors, and should be removed, although I noted with some satisfaction that in the Los Angeles Basin proper, only the very oldest New World Order Advocate/Brave New Warrior Henry Arnold Waxman, voted for the National Defense Authorization Act of 2011…(Fiscal 2012, aka “Indefinite Detention without charges, due process of law, or habeas corpus). Nancy Pelosi, of course, voted with Waxman and the establishment, as did Adam Schiff and Howard Berman, but in the spirit of fairness, I think we owe at least the following 18 Democratic and 4 Republican Representatives on the California delegagtion credit for their courageous “no” votes:
No CA-1 Thompson, C. [D]
No CA-4 McClintock, Tom [R]
No CA-5 Matsui, Doris [D]
No CA-6 Woolsey, Lynn [D]
No CA-7 Miller, George [D]
No CA-9 Lee, Barbara [D]
No CA-12 Speier, Jackie [D]
No CA-13 Stark, Fortney [D]
No CA-14 Eshoo, Anna [D]
No CA-15 Honda, Michael [D]
No CA-16 Lofgren, Zoe [D]
No CA-17 Farr, Sam [D]
No CA-31 Becerra, Xavier [D]
No CA-32 Chu, Judy [D]
No CA-33 Bass, Karen [D]
No CA-34 Roybal-Allard, Lucille [D]
No CA-35 Waters, Maxine [D]
No CA-36 Hahn, Janice [D]
No CA-38 Napolitano, Grace [D]
No CA-40 Royce, Edward [R]
No CA-46 Rohrabacher, Dana [R]
No CA-48 Campbell, John [R]


http://www.govtrack.us/congress/vote.xpd?vote=h2011-932

I am grateful that the primary is non-partisan, because partisan labels “Democrat” and “Republican” now mean nothing except that third-party candidates are doomed. The “top two” selection process without a primary and runoff is ALSO unfairly stacked against the outside, but we shall see whether the number of ordinary Californians (in the tens of millions) can recognize their common grounds and identify with me. I call out to everyone who has been defrauded of their vested contractual rights their homes, their jobs, and their property, defeated in every court and administrative proceeding, and dispossessed of all their rights, title, and interest in life, liberty, and property….and so consistently defeated and frustrated for a very long time in their pursuit of happiness…of the American Dream— I call out to everyone with a family member now or recently in jail, on probation, or under investigation…. I call out to everyone who used to be one of the “haves” and is now a “have not”, or who has never been invited to the table of prosperity at all, to join me in fighting for the end of deceit, lies, and prevarication as policies of governmental manipulation and control. We must divest the banks and the corporations of their controlling positions in society and thus destroy the military-industrial-financial complex which has made government subservient to the few rather than the many. In particular, we must take American land and jobs off the world market—to be bought and sold into slavery by massive foreign interests with no commitment to freedom or democracy, and to restore American productivity. Let them scream in Beijing and Shanghai, Mumbai, Islamabad, Calcutta, Bangkok, and Singapore, calling us “isolationists” and “protectionists” and we will know that we are on the road toward being a happy and prosperous nation again. Let us learn from the disaster in Europe and start dismantling our Central Banking system and abolish fiat currency and reckless credit regimes before they together flatten and wreck us. Let us restore private property to our people and so replace welfare slavery with independence as the primary way of life. Let us even accept that we will all have to work harder, be poorer, and use our minds with more discipline and vigor if we are ever really to be free and stand upright to each other as citizens and to the world again. And in relation to the world, let us indeed “leave them alone.” If Sharia law is the will of the people in Amman, Algiers, Baghdad, Benghazi, Cairo, Damascus, Khartoum, Tehran, Tripoli, and Tunisia, let those people have their way. We will leave them alone and they will leave us alone—I have no doubt of it! Good fences make good neighbors so long as the dogs of war don’t jump over them….and so long as we control ours, I believe they will control theirs. “Terrorism”, as it has been analyzed and applied in the past twenty years, really DOES begin at home you know….

http://www.corbettreport.com/911-a-conspiracy-theory/

Candidate Statement 2012: For Freedom and Real Social Diversity, “Jeffersonian Democracy” defines everything we call “Freedom”.

It Is My Intention To Run For United States Senator In The Non-Partisan Primary Election Currently Scheduled For June 5, 2012—

I intend to run on the following statements:

ALL FINANCIAL AND GOVERNMENTAL MONOPOLIES, AND LEGAL IMMUNITIES FOR WRONGFUL TAKINGS OF LIFE, LIBERTY, AND PROPERTY MUST END, WITH FULL ACCOUNTABILITY FOR THOSE ILLEGITIMATE MONOPOLIES AND TAKINGS.  Government licensing and government regulation of the economy are inherently destructive to the public welfare they seek to protect.

I STAND FOR THE RESTORATION OF A JEFFERSONIAN FEDERAL DEMOCRATIC-REPUBLIC wherein governmental intrusion into private life is limited by the constitution, reserving all powers to the people!

My interim campaign managers in this venture are: in Orange County: Renada Nadine March (949) 276-1970 and Aurora Isadora Diaz (714) 767-3311; Ed Villanueva in San Diego County (858) 231-5033; as well as my Campaign Treasurer, National Coordinator, and longtime personal trustee Peyton Yates Freiman (512) 968-2666.

Anyone interested in promoting “diversity” in the Democratic Party and U.S. Senate by electing a Conservative, sound money, pro-Private Property, pro-Common Law, pro-10th-Amendment, Libertarian Candidate to replace the hopelessly establishmentarian and politically correct Senator Dianne Feinstein, who has played a leading role as member of the Senate Committees on the Judiciary and Intelligence in approving and ratifying the corruption which shackled America, should seriously consider backing me for Senate.

To elect anyone with my “outsider” credentials and background would “send them a message” inside the Washington Beltway that the people are uncomfortable and dissatisfied with the Status Quo and want real change.

My specific platform planks are:

(1) restoration of full First Amendment rights, and the abolition of all forms of governmental regulation of speech and expression, including the elimination of penalties for advocacy and repeated submission of petitions for redress in the Federal Court system.

One of my favorite passages in the Gospels is Luke 18:1-8, the Parable of the Unjust Judge—which tells of a Judge to whom a widow repeatedly brings her petition for redress, and which Judge finally grants her relief rather than hear her plea again.  Apparently, in Ancient Israel, it was unimaginable that any person would be penalized for repeatedly seeking justice—even it was by no means certain that this particular widow or any person would obtain anything by her efforts.  The Federal Courts, with Congressional support, have all but cut off the power of the people effectively petition through the Courts.  Federal Courts seem to exist only for the benefit of large corporations and law firms.  This particular corruption must end, even though, harking back to one of the passages in the Hebrew Bible, it is an ancient problem.

The following, from Isaiah 59, seems to me to embody my own frustration, and the frustration of many I know, with the Judicial System and its most numerous “officers of the court” who are the lawyers (one of my Great Grandfathers was a Judge & Justice in Louisiana—according to family legend he had a plaque on the walls of his chambers which read, “Dead Lawyers Lie Still”.   ISAIAH 59:

4 No one calls for justice;
no one pleads a case with integrity.
They rely on empty arguments, they utter lies;
they conceive trouble and give birth to evil.
5 They hatch the eggs of vipers
and spin a spider’s web.
Whoever eats their eggs will die,
and when one is broken, an adder is hatched.
6 Their cobwebs are useless for clothing;
they cannot cover themselves with what they make.
Their deeds are evil deeds,
and acts of violence are in their hands.
7 Their feet rush into sin;
they are swift to shed innocent blood.
They pursue evil schemes;
acts of violence mark their ways.
8 The way of peace they do not know;
there is no justice in their paths.
They have turned them into crooked roads;
no one who walks along them will know peace.
So justice is far from us, and righteousness does not reach us.
We look for light, but all is darkness;
for brightness, but we walk in deep shadows.
10 Like the blind we grope along the wall,
feeling our way like people without eyes.
At midday we stumble as if it were twilight;
among the strong, we are like the dead.
11 We all growl like bears;
we moan mournfully like doves.
We look for justice, but find none;
for deliverance, but it is far away.
14 So justice is driven back,
and righteousness stands at a distance;
truth has stumbled in the streets,
honesty cannot enter.
15 Truth is nowhere to be found,
and whoever shuns evil becomes a prey.

(2) restoration of full Second Amendment rights, on the grounds that the power of the people to defend themselves against government is the necessary backup to the freedoms secured by the First Amendment (an all-powerful army and police force with the monopoly of legitimate violence is simply incompatible, in both the long and the short term, with meaningful individual or social freedom). We must reinvigorate the concept of the civilian militia, composed of every adult man and woman in society.

Switzerland and Israel both follow this model of public participation, which just shows that there are no guarantees of anything in life or politics: Switzerland by its rigid neutrality has avoided direct involvement in all the wars of the past century, while Israel has been in a state of nearly constant war since even before its creation 63 years ago in 1948.

In the United States, we have somehow combined both worlds: up until 1992, we had enjoyed a century of nearly complete domestic peace.  Discounting several dozen essentially disorganized and nearly random urban riots relating to the Labor movement in the 1890s and the Civil Rights and Vietnam War Protest movements in the late 1950s-early 1970s, there was no serious conflict or “state of hostility” on United States soil following the withdrawal of occupying forces from the South in 1877 and the dawn of the “Decade of Domestic Terrorism” which ran from 1992-2001, and led to the transformation of American government and the near obliteration of civil rights.

(3) freedom of contract from governmental interference of every kind;

To fully implement this phrase would eliminate such a large portion of the United States Code and the work of lawyers generally that overtaxed pulp-tree farms (and recycling plants) everywhere would heave a sigh of relief.   Just as an example, the IRS code and many Federal Courts frown on contracts for barter or exchange—meaning that the most basic instinct of exchange of goods, labor, or services of any kind for negotiated substantive value without assigning any formal cash value has been very nearly made a Federal crime.

(4) reduction in governmental subsidies with a goal towards ultimate elimination, of  corporate welfare, individual welfare, and all programs which foster dependency on the state rather than freedom and social-interdependence of people on each other as equals—again of absolutely every kind;

(5) reduction in governmental power over all aspects of human life, but including especially but not limited to all regulations which tend to affect individuals as members of families, and to alienate the individual from his family as a considered governmental “benefit” or “service” in support of “domestic relations” laws; and also including all regulations which tend to impose uniform philosophies or beliefs, or enforce normative standards of human philosophy, religion, or ideology of any kind.

Returning to the point about the First Amendment above, a free society (such as existed in the United States during the Colonial, Early Republican, and up through mid-19th century period at least) must foster the development of new and divergent lifestyles based on emergent new philosophies rather than trying to straightjacket society and culture into a “one-size” fits all narrow menu of politically correct and socially acceptable choices.

(6) abolition of government programs such as massive environmental regulation (including the construction and maintenance of dams and nuclear power plants) which necessarily increase the dependence of the people on the government and government controlled monopolies for their very survival;

(7) the abolition of all kinds of official immunity, including but not limited to judicial and prosecutorial immunity, for violation of civil rights, and especially for those violations and abuses of office which design or promote private or unofficial political and “social engineering” goals;

(8) any and every attempt by the state or federal government to regulate or control family organization in the name of “public welfare”;  here again, multiple apparently opposing interests may be reconciled creatively.   The interests of so-calle “social conservatives” will be served because the Federal government would no longer subsidize the state-sponsored breakup of families, pitting husbands and wives against each other in an eternal redistributive battle which ultimately enriches only lawyers and empowers only Judges and social workers.   Moreover, the power of Churches, Religious, Philosophical, and/or even Private Social or cultural groups to institute, promulgate rules, and regulate marriage and the education of the young will be restored.

However, persons of a socially liberal bent will find that the abolition of all civil and criminal restrictions on “gay marriage” and any other (victimless, voluntary) “alternative lifestyles” will lead to complete individual choice and private decision-making, limited only by individual imagination and the criminal laws against physical injury and slavery of any kind.

In a truly free society, if the Unitarian Universalist and other churches wish to solemnize gay marriage, they shall do so according to their own rules and regulations without leave or license from any state officer. But at the same time, the Conservative Presbyterians and Southern Baptist Convention will be free to ban and forbid membership to any individuals choosing what appears to these groups an “ungodly” lifestyle.  The marketplace of ideas, in short, will be open to all competing models, and the triumph or failure of any ideology will be utterly without beneficial or detrimental consequences in the law.

(9) a restoration of strict construction of the constitution and civil rights as respecting life, liberty, and property ownership;

(10) a complete restructuring of the banking and government finance systems, including but not limited to abolition of the Federal Reserve and the Federal income tax;

(11) a restoration to the people of the power (and the duty) to structure their own lives and social relations by contractual agreement without governmental interference, the major legitimate function of the courts being to enforce and judge the fairness of private contracts, including but not limited to marriage contracts and other agreements relating to domestic relations, such that the marriage license and state-sponsored divorce should be forever abolished and erased from the American social scene, restoring true freedom of association and freedom of religion to the people so that MEANINGFUL cultural and social diversity can flourish in the absence of regulation.   In this connection, all victimless crimes should be abolished, and the definition of “crimes against society” or humanity should be strictly limited to those behaviors which actually place real individuals in physical danger.  ”Moral” or “Mental” injuries such as the consequences, for example, of merely “hateful” expression (without associated conduct such as assaultive behavior) must no longer be allowed to be a cause for criminal punishment (although tortious actions for “emotional distress” and other forms of non-physical victimization would be greatly expanded and liberalized, although subjected to the funnel and fulcrum of trial-by-fully-informed juries).

(12) corporate and professional, like governmental immunity, should be abolished or at least severely curtailed so that corporate, like governmental, officers, cannot hide behind legal shields while they wield immensely destructive financial swords, (

13) electronic voting should be carefully and independently monitored and subject to citizen audits, as should all governmental actions, but electronic voting should be supplemented by duplicative paper ballot receipt systems where the voter casts his vote electronically, but then casts and keeps a confirming paper copy of his vote, so that recounts will have double and triple built in security systems,

(14) all ancient prerogative writs, including quo warranto should be restored and forever guaranteed to the people,

(15) Federal judicial rules should be reformed in favor of freely amended pleadings and limiting the discretion of judges to dismiss complaints based on subjective criteria such as “plausibility”, while the right to decide all matters of credibility and fact-finding should be strictly reserved to juries, which should also have the power to decide whether laws are fairly applicable in each individual case.

I submit that I am a candidate for all the people.  As an individual, I was born a “WASP” from the Upper Middle Class of White America, and for much of my life I thought of myself as a “Goldwater-Reagan” Republican, albeit with deep admiration for Conservative Democrats such as populated the South through at least the 1970s.   But as an Anthropologist and Historian, I should hope I have a deeper than average appreciation for the mechanics and implications and demands of REAL socio-cultural and political diversity.

And because of my unusual individual life-history, I should find a “common table” with traditional elements of the California “Blue State” Democratic coalition including California’s Hispanics (I am fluent in Spanish and support official bilingualism in Government and the Court System on what you might call “the Canadian Model”), as California’s African Americans (I have suffered more than my share of unjust judicial and financial oppression and I recognize that they have been uniquely victimized as a group), along with California’s labor unions, for whom I would always defend the rights of freedom to organize, freedom to associate, and freedom to negotiate and contract without governmental interference.

Finally, I think that my social-”diffusion of power” program regarding lifestyle choices and values should appeal not only to every ethnic group belonging to the California “plurality of diversity” but also to every Californian who shares in this state’s tradition of eccentricity and the embrace of real normative divergence. The socialist tyranny which has characterized California politics and social policy during most of my lifetime stands in marked contrast to the real diversity of the California population—at least by origins.   All who enjoy support California’s diverse makeup must admit that such diversity cannot meaningfully coexist with homogenization through coercive unitary educational, financial, and legal systems.   “Good fences make good neighbors” and the freedom the build good fences and maintain actual distinctions is one of the freedoms to whose protection I am most deeply committed.

Above all I think I will appeal to California’s homeowners and property owners of every ethnic and class background: like no one else in this or any other race, I will fight first and foremost to restore the integrity and reality of private property against all Federal Tax-based schemes and programs of securitization and transfers of real ownership as a result of corrupt banking and lending laws.   A

s an anthropologist and archaeologist, I think I have a better appreciation for the cultural history and diversity of all groups in California than anyone else, and understand the importance of maintaining identity and actual diversity by avoiding forced assimilation of any and every kind: “Vive la difference.”

As strongly indicated above, I also support absolute freedom of expression and religion, and would work to remove all Federal Support for or mandates involving state licensed or controlled marriage or relating marriage or support to the social security system, which has turned the State Family Courts into surrogate Federal Tax Collection facilities for the purpose of welfare and wealth redistribution.

As a United States Senator I would demand proof of the legitimacy and honest integrity of all our programs, institutions, and officers, including but not limited to the monetary system (the value of the dollar, the threat of renewed inflation), the Federal Reserve Banking System as a whole, every branch of the Federal Government, and yes, even of the Presidency and of the current occupant of the White House.

I would specifically fight in the U.S. Senate for amendments to the Civil Rights Statutes of Titles 18, 28, and 42 which would amendments would ensure the color blind application of the civil rights laws.   “Equal opportunity under the law” must flourish and promote itself as among the greatest of American Values, not so much as a divisive but unifying slogan and ideal in our courts—available to the members of the DAR and recent immigrants alike.

I would also fight for the repeal of the recent National Defense Authorization Act, the Patriot Act, and the Real ID act, FISA, and the secure restoration of meaningful Habeas Corpus, and the removal of every sort of unnecessary governmental program intruding upon or regulating any aspect of business or private life.

My approach to developing a policy for California’s ecological and environmental would be simple: nature is best, all modifications of nature which pervert demographics from their natural tendencies are bad.  In particular, no more dams should ever be built with Federal Funds and those dams which exist now should be subjected to retrospective environmental assessment to see which can be removed to restore rivers and lakes to their natural configurations.  I think that the restoration of natural hydrology will ultimately lessen the need for governmental regulation and intervention in economic and social life, as well as solve many of the most pressing environmental threats to all life on earth.   I will support every sort of incentive to develop non-fossil fuel energy bases EXCEPT hydroelectric based on damming our rivers.  Deserts should probably remain dry rather than the site for suburban sprawl.  Restoration of natural water flows will decrease the tendency for the United States Federal Government and State Governments to become modern day examples of “Oriental Despotism.”  Energy independence for the individual household and family or local communities through wind and solar power is the ideal to be preferred.

Please consider supporting me in my attempt to shake up the California Democratic Party and Washington establishments!  In sum, and conclusion, I would just offer as a Haiku-like motto

“Jeffersonian Democracy” defines everything we call freedom.

Statement originally published on May 20, 2011 @ 1:54, & May 21, 2011 @ 2:08 AM

A Warning to Foreclosure Attorneys and Eviction Judges: If Equal Access to the Courts and Due Process of Law are Optional for Homeowners, so the Eighth Amendment Prohibition on Cruel & Unusual Punishment will be “optional” for you when the time comes! Boiling Steven Baum & Steven Silverstein in Oil Sounds like a Renewal of American Justice to me….

Keep their names!  Note their addresses and that of their associates!  Knit your list of those who oppress you in Code just as Madame Therese Defarge did in Tale of Two Cities!  While Marie and her Ladies in Waiting play milkmaid at Le Petit Trianon, others are planning the revolution….

 
http://www.nytimes.com/2011/10/29/opinion/what-the-costumes-reveal.html?_r=4

What the Costumes Reveal

Photos from a former employee of the law firm of Steven J. Baum: Two Steven J. Baum employees mocking homeowners who have been foreclosed on.
By 
Published: October 28, 2011

On Friday, the law firm of Steven J. Baum threw a Halloween party.The firm, which is located near Buffalo, is what is commonly referred to as a “foreclosure mill” firm, meaning it represents banks and mortgage servicers as they attempt to foreclose on homeowners and evict them from their homes. Steven J. Baum is, in fact, the largest such firm in New York; it represents virtually all the giant mortgage lenders, including Citigroup, JPMorgan Chase, Bank of America and Wells Fargo.

Earl Wilson/The New York Times

Joe Nocera

The party is the firm’s big annual bash. Employees wear Halloween costumes to the office, where they party until around noon, and then return to work, still in costume. I can’t tell you how people dressed for this year’s party, but I can tell you about last year’s.

That’s because a former employee of Steven J. Baum recently sent me snapshots of last year’s party. In an e-mail, she said that she wanted me to see them because they showed an appalling lack of compassion toward the homeowners — invariably poor and down on their luck — that the Baum firm had brought foreclosure proceedings against.

When we spoke later, she added that the snapshots are an accurate representation of the firm’s mind-set. “There is this really cavalier attitude,” she said. “It doesn’t matter that people are going to lose their homes.” Nor does the firm try to help people get mortgage modifications; the pressure, always, is to foreclose. I told her I wanted to post the photos on The Times’s Web site so that readers could see them. She agreed, but asked to remain anonymous because she said she fears retaliation.

Let me describe a few of the photos. In one, two Baum employees are dressed like homeless people. One is holding a bottle of liquor. The other has a sign around her neck that reads: “3rd party squatter. I lost my home and I was never served.” My source said that “I was never served” is meant to mock “the typical excuse” of the homeowner trying to evade a foreclosure proceeding.

A second picture shows a coffin with a picture of a woman whose eyes have been cut out. A sign on the coffin reads: “Rest in Peace. Crazy Susie.” The reference is to Susan Chana Lask, a lawyer who had filed a class-action suit against Steven J. Baum — and had posteda YouTube video denouncing the firm’s foreclosure practices. “She was a thorn in their side,” said my source.

A third photograph shows a corner of Baum’s office decorated to look like a row of foreclosed homes. Another shows a sign that reads, “Baum Estates” — needless to say, it’s also full of foreclosed houses. Most of the other pictures show either mock homeless camps or mock foreclosure signs — or both. My source told me that not every Baum department used the party to make fun of the troubled homeowners they made their living suing. But some clearly did. The adjective she’d used when she sent them to me — “appalling” — struck me as exactly right.

These pictures are hardly the first piece of evidence that the Baum firm treats homeowners shabbily — or that it uses dubious legal practices to do so. It is under investigation by the New York attorney general, Eric Schneiderman. It recently agreed to pay $2 million to resolve an investigation by the Department of Justice into whether the firm had “filed misleading pleadings, affidavits, and mortgage assignments in the state and federal courts in New York.” (In the press release announcing the settlement, Baum acknowledged only that “it occasionally made inadvertent errors.”)

MFY Legal Services, which defends homeowners, and Harwood Feffer, a large class-action firm, have filed a class-action suit claiming that Steven J. Baum has consistently failed to file certain papers that are necessary to allow for a state-mandated settlement conference that can lead to a modification. Judge Arthur Schack of the State Supreme Court in Brooklyn once described Baum’s foreclosure filings as “operating in a parallel mortgage universe, unrelated to the real universe.” (My source told me that one Baum employee dressed up as Judge Schack at a previous Halloween party.)

I saw the firm operate up close when I wrote several columns about Lilla Roberts, a 73-year-old homeowner who had spent three years in foreclosure hell. Although she had a steady income and was a good candidate for a modification, the Baum firm treated her mercilessly.

When I called a press spokesman for Steven J. Baum to ask about the photographs, he sent me a statement a few hours later. “It has been suggested that some employees dress in … attire that mocks or attempts to belittle the plight of those who have lost their homes,” the statement read. “Nothing could be further from the truth.” It described this column as “another attempt by The New York Times to attack our firm and our work.”

I encourage you to look at the photographs with this column on the Web. Then judge for yourself the veracity of Steven J. Baum’s denial.

A version of this op-ed appeared in print on October 29, 2011, on page A21 of the New York edition with the headline: What the Costumes Reveal.

I can only imagine what Halloween parties might be like at the office of Steven D. Silverstein, at 14351 Redhill Suite G, Tustin, CA 92780 or Barrett, Daffin, Frappier, Treder, & Weiss, L.L.P., at 20955 Pathfinder Road, Suite 300 Diamond Bar, California 91765, or any of countless similar law firms that fit the Dickensian caricature of soulless lawyers whole live solely to destroy the lives of others might be like.  Silverstein, at least, seems to dress in Halloween costume year round as a loan shark or loan shark lawyer.  But there are other Dickensian characters, like Madame Thérèse Defarge in Tale of Two Cities: she waited for the revolution a long time, keeping the names of the government agents and traitors to the people memorialized in code or glyphs known only to her in her endless knitting.  

I don’t know how long it will take for the revolution to come here, but I do not believe we need to pray merely that people such as these employees of Steven Baum, or Steven Silverstein, or Barrett, Daffin, Frappier, Treder, & Weiss, will receive their just deserts in the afterlife.  On my list, the names of Barbara Boxer and Dianne Feinstein are close to the top of the list for pretending to be on the side of the people, while working tirelessly in their high ranking Senate Committees for the banks and their attorneys, to give them tax breaks for their work evicting people after non-judicial foreclosures under California Civil Code 2924.

Two Months Until the Campaign for Senate Begins in Earnest—Registration of Candidates Starts in January—My Campaign Platform in Brief

The Constitution of the United States is the greatest charter of human liberty ever conceived by the mind of man, and the Anglo-American Common Law is the most decent legal system ever to evolve on the Planet, the best guarantor of common sense and fairness ever offered to any people.   If Elected to the United States Senate, I will struggle to restore and re-empower the Constitution as guarantor of the Common Law, the rights of the people freely to contract for and enforce their contracts and rights to own and maintain their interests in property in all courts according to that law.

I oppose all efforts to invade or destroy the rights guaranteed by it to every citizen of this republic, including but not limited to the Antiterrorism and Effective Death Penalty Act of 1996 and the misnamed PATRIOT Act of 2001—if Elected to the United States Senate I will work tirelessly to repeal these statutes and to restore Habeas Corpus to full force and power, and to guarantee that the Civil Rights Laws of the United States can be enforced equally by white people against economic injustice and will no longer serve solely to pit one ethnic group against another, to the detriment and degradation of all.

I stand for social and economic justice, which, I believe can be guaranteed to all citizens only by a strict adherence to our Constitution, the Common Law, and the avoidance and abolition of any statutory or regulatory invasions or destructions of the constitutional rights of the states and individuals guaranteed by the First, Second, Fourth, Fifth, Sixth, Seventh, Ninth and Tenth Amendments.

I oppose the totalitarian, centralized bureaucratic government that exists in our country and the police nation supported by the vast majority of Democrats and Republicans in the House of Representatives, the United States Senate, the White House, and the Courts, as well as in the State Governments.

I am a Democratic-Republican in the tradition of Thomas Jefferson, James Madison, James Monroe, Andrew Jackson, and Samuel Tilden, and I completely and utterly reject the platforms of both the Democratic and Republican parties as constituted today, which are better called the “Corporate-Socialist Parties of Confiscatory Taxation and Totalitarian Regulation.”

We stand for the sovereignty and integrity of each individual against the State; the constitutional right to choose one’s associates and lifestyle; to accept private employment without governmental interference, and to learn one’s living in any manner that is not injurious to others.  I oppose the control of private employment by Federal bureaucrats mandated by the misnamed Public Health & Welfare Programs. I oppose the fictitious monetary system created by the Federal Reserve and the fictitious casino-stock-market gambling society created by the Securities & Exchange Commission.  I oppose the great fraud on the American people constituted by the Social Security Trust Fund and will fight to impose common law fiduciary rules of responsibility and accountability on all government insurance programs and the abolition of all unconstitutional government frauds. I favor home-rule, local self-government and absolute non-interference with individual rights.

I oppose and condemn the actions of the Federal Government in sponsoring a nationwide welfare program calling for Federal regulation of every aspect of private and family life, including the De-Facto Establishment of Secular Humanism as the National Religion of this Country in Violation of the First, Ninth, and Tenth Amendments, Federal regulations of private employment practices, voting, and local law enforcement.

I affirm that the continuing enforcement and elaboration of all such programs is utterly destructive of the social, economic and political life of the American people, and everywhere on earth.

Wherever there may be differences in race, creed or national orgin in appreciable numbers, each race, creed, and national or ethnic group should be entitled to self-governance and self-determination.

I stand for the check and balances provided by the three departments of our government.  I oppose the usurpation of legislative functions by the executive and judicial departments.  If elected to the United States Senate I will work tirelessly to dismantle the Independent Commissions and Executive Agencies which usurp both legislative and judicial functions.

I unreservadly condemn the effort to maintain and elaborate in the United States an integrated national police system that blurs the lines between State-and-Federal, National-and-International and now threatens to destroy the last vestiges of liberty enjoyed by the citizens and legal residents of this Country.

I will demand that there be returned to the People to whom of right they belong, i.e. to all Citizens and Legal Residents, those powers needed for the preservation of human rights and the discharge of our responsibility as (small “d”) democratic- (small “r”) republicans for human welfare.

I oppose a denial of those by political parties, purchased by corporate and international interests, and if elected to the United States Senate I will work to undo every treaty and executive order or agreement which functions as a barter or sale of those rights by a political convention, as well as any invasion or violation of those rights by the Federal Government.

I will seek to abolish all immunities for executive, judicial, and legislative officers except those involving open and active debate and examination of issues, but will seek to reimpose the rule of law so that no governmental official, state or federal, will ever again be deemed “above the Constitution” or “immune from any suit at common law” or for violation of Constitutional rights.

I call upon all Americans who sincerely oppose totalitarianism at home and abroad to unite with me in ignominously defeating Dianne Feinstein and every other candidate for public office who support and maintain the Police State which has been established over the past 63-99 years in the United States of America since the creation of the Federal Reserve Banking system and the Federal Income Tax.

A Streamlined Outline of a Complaint for Constitutional & Common Law Mortgage Foreclosure & Eviction Litigation in California

I think the attached four page outline pretty much summarizes everything that we need to say in a complaint which could be copied and duplicated everywhere and adapted, adopted, and filed by every affected person in every U.S. District Court in the State of California to attack the current regime of Non-Judicial Foreclosure followed by Summary Judicial Eviction with neither respect for due process nor any Protection for Civil Rights whatsoever, supporting massive racketeering enterprises involving attorneys, servicers and “purchasers” in support of Banking & Securities Fraud and the infliction of almost immeasurable, irreparable injuries to individuals, families, children, and destruction of their lives and private property.  I would appreciate all constructive criticism, suggestions, and feedback.

 REFRAMED & STREAMLINED OUTLINE of COMPLAINT 8-09-cv-01072-DOC-E

REFRAMED OUTLINE OF COMPLAINT—8:09-cv-01072-DOC-E

In light of Judge Carter’s extension of our deadline until January 17, 2012, to get the Constitutional Case going, and after my second meeting with Attorneys Donald MacPherson & my 4th with Nathan MacPherson, I am persuaded that it is essential to try to reorganize and “slim down” the complaint before inviting further support and intervenors in.

This is something that we had TALKED about doing last with Diane Beall and/or Dennis Russell, but it obviously never happened.  Judge Carter has shown amazing tolerance and interest in our case, I believe, and we should honor him by really getting our act together to make this case change history.  I think we could streamline the case by outline as follows (I would like input from all co-plaintiffs and supporters about what needs to be added by way of specific detail):

SECTION I:

CONSTITUTIONAL DECLARATORY JUDGMENT RE:

CALIFORNIA STATE STATUTES

(1)      We ask this Court to declare Non-Judicial Foreclosure, as authorized by California Civil Code 2924 et seq., and all related statutes, declared unconstitutional under the Article I Contracts Clause, as well as the 1st, 5th, 7th, 9th, and 14th Amendments, and utterly incompatible with the rights secured by 42 U.S.C. Sections 1981-1982.

(2)      We ask this Court to declare California’s statutory system of Summary Judicial Foreclosure also unconstitutional under each of the same grounds. [We need to collect a complete inventory of all related and relevant statutes to itemize under each section: Richard Mendez & Lance Francis, this is probably your job primarily, although I certainly would not resist any help from Jackie Figg....or anyone else with a passion for the topic].

(3)      We ask this Court to declare the California Statutory system authorizing and empowering the Superior Courts of Limited Jurisdiction to be declared unconstitutional under each of the same grounds, unconstitutional under the Article I Contracts Clause, as well as the 1st, 5th, 7th, 9th, and 14th Amendments, and utterly incompatible with the rights secured by 42 U.S.C. Sections 1981-1982.

(4)      1714.10 (Attorney Immunity for Fraud committed on behalf of or in agreement with clients) should also be declared unconstitutional

(5)      405.21 (Attorney Required for Lis Pendens without Leave of Court) should also be declared unconstitutional: 

§ 405.21. Prerequisites to recording

An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action that includes a real property claim is pending may, upon request of a party thereto, approve a notice of pendency of action. A notice of pendency of action shall not be recorded unless (a) it has been signed by the attorney of record, (b) it is signed by a party acting in propria persona and approved by a judge as provided in this section, or (c) the action is subject to Section 405.6.

SECTION II:

CONSTITUTIONAL DECLARATORY JUDGMENT RE:

FEDERAL STATUTES

(6)     The words “White Citizens” should be stricken from 42 U.S.C. Sections 1981-1982:

42 U.S.C. 1981: (a) Statement of equal rights: All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.

(b) “Make and enforce contracts” defined:

For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.

(c) Protection against impairmentThe rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.

42 U.S.C. 1982: All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.

(7)     The language of 28 U.S.C. Section 1443 being colorblind and neutral on its face, all Supreme Court rulings that Civil Rights Removal depends upon racial discrimination should be stricken, reversed and overturned in light of Regents of U. Cal. v. Bakke, City of Richmond v. Croson, Adarand v. Pena, and Grutter v. Bolinger.

(8)     All Supreme Court rulings that Mortgage Notes be exempted from Securities Regulation should be stricken, reversed, and overturned as unconstitutional denials of due process of law.

SECTION III: ACTION FOR DAMAGES

under 18 U.S.C. 1964(c): Racketeering by Eviction Attorneys & Courts of Limited Jurisdiction

(9)         Steven D. Silverstein (Silverstein Evictions), BARRETT, DAFFIN, FRAPPIER, TREDER, & WEISS, LL.P, and other attorneys and law firms engaging in mass processed evictions ________, ______,________, _____________,_________,___________have committed multiple predicate criminal acts in the process of each eviction, and they have done so under the protection of the Orange County Courts of Limited Jurisdiction and Orange County Sheriff’s Office.   As repeat-reinvestors in Racketeering Activities), Silverstein and other eviction attorneys such a decisive hold on the Judicial Officials, Clerk, and Sheriff’s Deputies of Orange County (and other counties in California, to wit:_______), that the Courts of Limited Jurisdiction in Orange County operate as a single unit corrupt organization with a list of Judges Cory A. Cramin, ________,______,_______,_____and named or unnamed Sheriff’s Deputies ________,_____,______as individuals who either derive income or employment or engage in conspiracy for racketeering activities (Lance Francis & Richard can elaborate on reasons for waivers of immunity, as well as the list). (This is a section which intervenors could add to and alter/modify with their own lists of defendants, with dates of actions taken illegally).

SECTION IV:  

COMMON LAW DECLARATORY JUDGMENT:

SALES OF HOMES BASED ON POOLED and/or

SECURITIZED NOTES ARE VOID

(10)    We ask this Court to declare all sales of our homes void if and whenever foreclosured auctioned sold by “Debt Servicers” or by or on behalf of Banks/Federal Financial Institutions who held only derivative rights to notes which had been securitized.

LIST OF PLAINTIFFS’ & INTERVENORS’ PROPERTIES: _____________,_______________,___________________,__________________,__________, ________,________ (This is another section which intervenors can add to and/or alter/modify with their own list of improperly sold properties).

Section V:

COMMON LAW

DECLARATORY JUDGMENT FOR QUIET TITLE

(10)     We ask that this Court grant to each Plaintiff QUIET TITLE to his/her home & Lists:____________________

SECTION VI:

ACTION FOR DAMAGES

WRONGFUL FORECLOSURE & EVICTION

(12)    We ask this Court to award to each Plaintiff DAMAGES for wrongful foreclosure & eviction, including relocation costs, rental, damages to homes, etc. (Sections V, VI, & VII are all sections to which intervenors can add to and/or alter/modify with their own list of improperly sold properties). (Should all servicers, banks, and purchasers be listed as Defendants along with the attorneys?)

SECTION VII:

DAMAGES FOR LOSS OF PERSONAL PROPERTY & PERSONAL INJURIES

(13)        Plaintiffs are entitled to damages for their losses of personal property, and personal injuries including emotional distress to adults and children.  Foreclosure of real property carries with it no right, title, or interest in personal property, but Plaintiffs have all lost considerable amounts of personal property as a result of foreclosure, and all this lost property should be compensated for tort damages in Conversion and Trebled Damages under R.I.C.O..  Further, the dislocation of lives and especially of children’s well-being should be compensated.  No immunity should be allowed for any defendant to the Pattern of Racketeering which Created the Eviction Epidemic and Foreclosure Crisis.

Note: Over the course of the past year, not only Nathan and Donald MacPherson, but many people have commented that our Third Amended Complaint is just too long and too complicated to be viable.  The above Four Page/13 Part Outline should make the case more readily comprehensible.   How much detail do we need in the Complaint?  How much detail should each intervenor add?  How should we structure all this?  Edit it?  Present it?  I hope each person to whom this outline copy is addressed will provide some feedback.

Thank you,

Charles Edward Lincoln, III

(310) 773-6023

October 19, 2011 (Wednesday)

The Original Third Amended Complaint (Draft only) is attached here, without any of the exhibits or final edits/amendments.A-Third Amended Complaint 09-cv-01072-DOC-E 09-22-2010

The Inadvertent Message of Gomes v. Countrywide: File Bankruptcy First—Shift the Burden of Proof in Foreclosure, all debt collection cases

2011 Comm. Fin. News. 18
Commercial Finance Newsletter
Professor Dan Schechtera
February 28, 2011
Borrower Cannot File Suit to Determine Whether MERS Has Authority to Commence Foreclosure, and Trust Deed Expressly Authorized MERS to Do So. [Gomes v. Countrywide Home Loans, Inc.,(Cal.App.).]
A California appellate court has held that a borrower questioning the authority of MERS to commence a nonjudicial foreclosure cannot file suit to determine whether MERS has the authority to do so; in addition, the deed of trust executed by the borrower expressly authorized MERS to conduct the foreclosure. [Gomes v. Countrywide Home Loans, Inc., 2011 WL 566737 (Cal.App. 4th Dist. 2011).]
Facts
A California borrower executed a deed of trust, in which Mortgage Electronic Registration Systems (MERS) was designated as the nominee for the lender. Following the borrower’s default, an agent acting on behalf of MERS initiated nonjudicial foreclosure proceedings. The borrower filed suit challenging the authority of MERS to act on behalf of the underlying owner of the note and deed of trust. The trial court sustained the defendants’ demurrer, and the court of appeal affirmed.
Reasoning
The court held that the borrower had no factual basis for believing that MERS lacked authority to act on behalf of the beneficial owner of the note and deed of trust, and there was no statute permitting a private action seeking to determine whether MERS had such authority. As a fallback, the court also held that MERS did, indeed, have the authority to initiate a foreclosure, under the express terms of the deed of trust.
In holding that MERS had the authority to conduct the foreclosure, the court declined to follow Landmark Nat. Bank v. Kesler, 289 Kan. 528, 216 P.3d 158 (2009), holding that MERS had no standing to intervene in a foreclosure case (and, by implication, that MERS was simply irrelevant to the foreclosure process). The court noted that under Cal. Civ. Code § 2924(a)(1), “[t]he trustee, mortgagee, or beneficiary, or any of their authorized agents shall first file… a notice of default.” Therefore, since MERS was an “authorized agent,” it necessarily acted properly in commencing the foreclosure.
Author’s Comment
By holding that the borrower could not even file suit in state court in order to determine whether the proper party had commenced the foreclosure, the court has sent a clear (and perhaps inadvertent) message to borrowers and their attorney’s: instead of filing suit in state court, file a bankruptcy petition. That shifts the burden to the creditor, who will have to file a motion for relief from stay in the bankruptcy court and will have to establish its right to foreclose as part of that motion. Unlike the California state courts, the California bankruptcy courts have been critical of poorly documented mortgage transactions and sloppily conducted foreclosure proceedings.
As to the substantive issue, i.e., whether MERS really has the authority to act on behalf of the lender, the case law is decidedly mixed. The cases in California tend to be more sympathetic to MERS, while the cases in much of the rest of the nation are much less deferential to MERS. For discussions of some of those cases, see:
  • – 2010 Comm. Fin. News. 51, Foreclosure Is Valid Because MERS Has Power to Designate New Trustee Under Deed of Trust, Even Though It Holds No Interest in Underlying Note.
  • – 2009 Comm. Fin. News. 103, Assignee of Mortgage Lacks Standing to Foreclose Because Assignee Failed to Show That MERS Assigned Underlying Promissory Note, Along with Mortgage.
  • – 2009 Comm. Fin. News. 59, Assignees of Mortgages Cannot Enforce Unendorsed Notes in Their Possession Because MERS Documentation Does Not Expressly Authorize Assignment of Notes.
  • – 2009 Comm. Fin. News. 57, Assignee in Possession of Mortgage Note May Not Enforce It Because Note Is Not Endorsed to Assignee.
  • – 2008 Comm. Fin. News. 104, Mortgagee May Not Obtain Relief from Automatic Stay in Order to Foreclose When Necessary Evidence Is Supplied by Low-Level Clerk Without Personal Knowledge of Underlying Facts.
  • – 2008 Comm. Fin. News. 95, Mortgage Assignee’s Failure to Record Assignment Does Not Empower Mortgagor’s Trustee in Bankruptcy to Avoid Underlying Mortgage.
  • – 2008 Comm. Fin. News. 86, Mortgagee’s Agent May Not Foreclose if Agent Cannot Properly Trace Assignment of Mortgage from Original Lender to Assignee Pursuant to Securitization.
  • – 2007 Comm. Fin. News. 93, Mortgage Holder Seeking Relief from Automatic Stay in Order to Foreclose May Be Denied Relief for Failure to Establish Chain of Title from Loan Originator to Ultimate Assignee.

Copyright Thomson Reuters

Footnotes

These materials were written by Dan Schechter, Professor of Law at Loyola Law School, Los Angeles, California. The opinions expressed herein are solely those of Professor Schechter.
End of Document © 2011 Thomson Reuters. No claim to original U.S. Government Works.

Atten: Michael T. Pines, Please Call Lincoln for California, 310-300-4088, 949-276-1970, or 512-968-2666

One of the most interesting people on the foreclosure resistence scene over the past few years has been California Attorney Michael T. Pines.  Like the author of this blog, Mr. Pines is now no longer entitled (“active” or “licensed”) to practice law in the State of California.  His Complaint filed last year in the Northern District of California Michael T Pines’ NDCA Complaint for FDCPA-Wrongful Foreclosure 10-02622 Class Action was excellent and came closest to showing him a blood brother of mine as any (licensed or unlicensed) attorney’s or lawyer’s work I have ever read, as I have several times stated, but he abandoned it without much of a fight 09-27-2010 10-cv-02622-RS Case Status Report.  Since then, he has moved south into Ventura, Orange and San Diego counties where he has both preached and practiced civil disobedience.  I found this order (“prejudicial preliminary judgment”) on-line under Pines’ name at the California State Bar Website (
http://members.calbar.ca.gov/courtDocs/11-TE-10948-1.pdf
) concerning his suspension from practice by my dear old friends at the missnamed State Bar Court of California, (by the cognoscenti, it is more accurately called “The Star Chamber & Bar Court of California”).  

Just a couple of weeks ago (on June 11, 2011 at 9:07 PM—Can I recommend any attorney that is “on the cutting edge of the securitization issues” here in California?) on these blogs, I listed Pines as among the Attorneys “Blacklisted” by the Kokopelli Community Workshop.  I there repeated what some of my most admired allies (e.g. Catherine Bryan) had made by way of disparaging comments concerning Mr. Pines based on his clients’ complaints, and I am now very confused—I simply do not know what to think about Michael T. Pines.  Sometimes the radical approach is hopelessly ineffective in the short run, but necessary for the long-run, and after reading the learned Bar Court Judge’s summary and order, I believe that Michael T. Pines may be lacking in practical wisdom—a charge which has been repeatedly aimed at my own very quixotic self, soul, and career….

Pines’ Complaint filed and dismissed last year  expressed many thoughts near and dear to my heart (attached above).   As I stated on June 11, 2011, and even before that, I cannot understand why he gave up the fight (CAND-ECF-10-02622 Michael T Pines v Silverstein Docket 09-19-2010) and turned to what looks for all the world like a career of guerrilla warfare involving residential trespassing and burglary.  However, he and I now share at least in some regards—a lot in common.  In the State of Texas, one of the most despicable attorneys’ who ever lived (Michael P. Davis of Round Rock, Williamson County, Texas) accused me of living in a “parallel universe” where the U.S. Constitution controls all aspects of court procedure and jurisprudence *(Well, in fairness to myself, I only contend that the Constitution SHOULD control all aspects of court procedure and jurisprudence—I would be daft indeed if I thought I lived in a place where the Constitution DOES actually control or limit the government AT ALL).  

The State Bar’s accusations against Michael T. Pines, that he considers himself a modern day Henry David Thoreau engaging in Civil Disobedience by Walden Pond….  also suggest that he lives in that same parallel universe in which I have been alleged to reside.  So I find I suddenly have a lot of empathetic feelings and sympathy for Michael T. Pines—as one inhabitant of the parallel universe of “American Constitutional Supremacy” to another…. and accordingly…

In the spirit of “ET”, I would ask that Michael T. Pines call me at his earliest convenience so we can talk about the past, present, and future.  

Perhaps we should go Dragon-(or Shark) hunting together….. Not that I would ever harm a flesh-and-blood dragon nor any of the increasingly endangered sea-sharks, except in self-defense of course….. but spiritual poison-breathing dragons/sharks like Steven D. Silverstein… who seek to implement the final stages of perfecting the Communist Manifesto by the abolition of private property in land (as imported either from Russian Soviet or Maoist Communist Chinese origins and Nixon/Kissinger-led introduction to the United States) are a totally different matter….. those kinds of dragons/sharks have no heart or soul…. (As Renada Nadine March as repeatedly noted—Silverstein chooses the Shark for his own alter-ego in the iconography of his pins and ties—and the name of his company that took Renada’s home—Meglodon….)

As Dragons are described and named in German and Anglo-Saxon Silverstein is merely a really gross worm—Ein Grosser Wurm….