Tag Archives: mortgage finance

Can I recommend any attorney that is “on the cutting edge of the securitization issues” here in California? No, not without gagging, I cannot.

Dear Charles, Question:  Do you know an attorney that you can recommend that is on the cutting edge of the securitization issues here in California? We are in the Santa Barbara Central District.

[[[First: a merely rhetorical question: Why do you want a State Licensed Bar-Card Attorney beholden to the Supreme Court of California and an officer of every court before whom you appeal, would you not rather have independent, non-monopolistic, representation by someone not officially integrated into one of the few expressly authorized State Action exceptions to the Anti-Trust Laws under the New Deal Era "Parker Doctrine?"]]]
So, dear reader, you want ”an attorney that [I] can recommend that is on the cutting edge of the securitization issues here in California?”  I fear there is nobody who fits that bill.  I sadly cannot recommend a single California attorney of whom I have any knowledge who is also “on the cutting edge of the securitization issues here in California.”  I am copying this letter to Catherine Bryan who may have a different opinion, or at least “some” opinion on which way to turn—it generally appears that almost everyone who goes with a “bar attorney” ultimately loses, with a very few exceptions (but then, almost everyone loses, regardless).
          Attorney Michael Pines would be the closest, because he once (exactly a year ago in fact) wrote and filed a complaint (“on the cutting edge of the securitization issues here in California) which I considered magnificent, here attached “Michael T. Pines NDCA Complaint for FDCPA-Wrongful Foreclosure”. On June 15, 2010, one of the best complaints ever was filed:  Michael T Pines’ NDCA Complaint for FDCPA-Wrongful Foreclosure 10-02622 Class Action, but then, 96 days later, that case was dead because the Plaintiffs’ California State Bar Licensed Counsel failed to file any responses to the Defendants’ Motions to Dismiss OR even to the Defendants’ Motions for Sanctions…CAND-ECF-10-02622 Michael T Pines v Silverstein Docket 09-19-2010
So as you can see, that case foundered and died because of Michael T. Pines Voluntary Dismissal 09-21-2010–PINES AND ASSOCIATES—Notice of Voluntary Dismissal and Failure to file responses to Steven D. Silverstein’s Motion to Dismiss.  09-27-2010 10-cv-02622-RS Case Status Report
Since that dismal episode, Michael T. Pines would appear to be constantly trying to make the news.  He has been arrested several times for “trespass” or trying to get people back onto their lands/homes.  I’m not sure where all that stands right now but you can probably google it.  His complaint last year was filed against too many defendants on too many issues.  But he didn’t really try at all, in my opinion.  We have a case, 09-cv-01072-DOC, in USDC CDCA-Southern Division (Orange County) which is currently still alive but hanging by a thread…..and we’re unsure what exactly we’re going to do next.
           Then there was Dennis Martin Russell, who responded to my on-line/website-based ad (charleslincoln3.wordpress.com) seeking a Constitutional Lawyer to advance the issue of civil rights removal in Orange County.  Dennis Martin Russell accepted $5,000.00 from Renada Nadine March, which was close to 100% of her settlement from a car wreck, and proceeded to do absolutely NOTHING.  I am considering helping Renada with a malpractice lawsuit against him.  We had high hopes for Russell, but to say he disappointed us would be a cruel understatement: he misled us and deceived us.
        But any such malpractice suit will go up against the precedents set and actions taken by current California Governor Edmund G. “Jerry” Brown while he was attorney General, again last year.  Governor Moonbeam, while Moonlighting as Attorney General Moonbeam, prosecuted several attorneys for….what was the phrase, advancing a novel legal argument that a borrower’s loaCEL to EDMUND G BROWN CAL AG 08-26-2010n could be deemed invalid because the mortgages had been sold so many times on Wall Street that the lender could not demonstrate who owned it.”  See attached letter, “CEL to Edmund G. Brown, AG, 08-26-2010.”  
           To that fairly meaty letter we received a completely content-free reply, namely the attached “09-08-2010 K. Savona Response to CEL Letter.”  09-08-2010 K Savona Response to CEL Letter to Edmund G Brown
          Finally, Diane Beall Templin is currently working with an enigmatic, New York licensed, Attorney named Paul Nguyen, who won a case against Chase Bank before the highly enigmatic A. Howard Matz here in the Central District of California.   See attached files for reference: 09-cv-04589-AHM Docket Report as of 09-19-201009-04589-AHM-AJW 10-29-2009 Nguyen Motion to Howard Matz for Contempt against ChaseHoward Matz Granted Foreclosure TRO 09-4589 July 2009Howard Matz Supplemental TRO Requiring Authenticated Appraisal 08-03-2009
          Paul Nguyen has since then opened an office somewhere in Orange County and is now supposedly practicing with some success, but I cannot personally vouch for anything except that I met him once in his office and he is very sharp and energetic and MIGHT be as good as he looks—my only reservation after meeting him was that he preached a kind of caution which, although traditional and understandable among attorneys, did not seem quite sufficient or adequate to the task of unraveling the non-judicial foreclosure & eviction morass in California created by legislative statute: California Civil Code §2924 et seq..  
        And then again Paul Nguyen MIGHT just have pulled a special trick on Judge A. Howard Matz, or intimidated him in such a manner as Jose L. Pineda appears to have done—see the lead story on my blog (right after this letter).
          If I can provide you with any further information, please let me know.  On the whole, I am opposed to the State Bar Monopoly and believe that the licensing of attorneys does little more than to insulate incompetent and corrupt practice from challenge.  As I have recently written, I think that Judges such as A. Howard Matz are completely and totally knowing collusion with the banks, and so lawyers like Diane Beall Templin and Paul Nguyen may be as well.
Catherine Bryan, to whom I have copied this letter, has accused Diane Beall of being in complicity with the Banks and their attorneys.  Catherine Bryan to CEL re-Diane Beall April 3 2011 .  We do not know the truth because we see only through a glass, darkly.  We moan like doves and growl like bears.  We seek for the light but live in darkness and grope like blind men along the walls.  OK, so what else  does Corinthians 13 have in common with Isaiah 59 and the allegory of the Cave in Book VII of Plato’s Republic?
          I simply do not know what to say at this stage about Paul Nguyen and Diane Beall, but if Catherine were a lawyer, or if Bar Cards were not required, she would be the first person I would recommend, immediately after myself….. The connection between A. Howard Matz and Paul Nguyen’s victory on the one hand and subsequent migration to California on the other are both….curious and disturbing to me.  
         If you haven’t read my blog, please do so at http://charleslincoln3.wordpress.com, especially the lead article on A. Howard Matz and the Jose L. Pineda case, and what it may or may not mean.
After Midnight on June 12, Pentacost Sunday, Jennifer Lee wrote in from Pasadena:
Thanks Charles
As for Paul Nguyen he stole 4 k from my mom and promised an adversarial complaint and never did it and I could give you a list of horrible things he did to her including a chapter 11 bankruptcy that he botched so badly and abandoned her when she had paid in full to him. He then told us he has 100 customers and can’t possibly help them all so he had to pick which ones he is going to let loose and he doesn’t care less if they loose and get evicted. He told us he chose us to loose as our case was more difficult and he doesn’t care. I just spoke to a lady I saw tonight who told me he did the same to her and many more people she knows and she has someone who is going to go after him for her. I was given advice of how to report him. I have been too busy but I really need to report him to the bar and judicial review. Don’t remember off hand the place.he is a con man. Diane beall was upset to hear what he did to us but she told me she was losing all her cases so she needed to learn from him and she needs money even though she didn’t want to be there and she was sick to watch what he did to mom. She tried to confront him for what he did to us and she got in trouble for it.  

Light Vanity, Insatiate Cormorant: Consuming means, soon preys upon itself!

I do not think for two nano-seconds that what has happened between Orly and me is merely a “falling out.” Her treachery to me and the mortgage litigation which could have saved thousands of people their homes and showed the flaws in “Obamanomic” Socialism (which is, honestly, just a logical and even incrementally predictable outgrowth of Bush’s Grand Old Party Socialism) is not merely personal but leads me to question her willingness and commitment to fairness, honesty, justice, openness, and transparency, all the qualities for which we are allegedly fighting against Obama. You see, I happen to believe that Obama is a secretive, lying, thief who stole the Presidency based on fraud and trickery. He is also a socialist. However, I will also tell you that I have known many righteous and honest men and women who were socialists from all around the world (I can think of dozens of specific examples from Colombia, Denmark, Egypt, France, Greece, Honduras, Italy, Japan, Kenya, Korea, Lesotho, Lithuania….need I go on?).  I happen to disagree with their politics and deplore their lack of good sense when it comes to economics, but I cannot deny their honest character or sincerity because of our disagreement, no matter how appalled I am by their ideas sometimes.

And furthermore, we all know that righteous and honest men and women (be they socialists or conservatives) can be born in the U.S. or Canada, Uganda or Kenya, but the Barack Obama is not one of them.

Likewise, honest and righteous people can, from time-to-time, fall in love across “normative” boundaries of marriage and family.  It was my belief that Orly and I were such people and I begged her to “come clean” and openly admit what had happened. My feelings for her were always entirely honorable.  My intentions were always honorable.  I was committed to her.  She said she was committed to me.  Perhaps we should have ended up like (ironically) that famed French Socialist President Mitterand, mourned at his funeral by his wife and mistress crying on each other’s shoulders.  I don’t know.  I would have rather Orly left her husband because it would have been a clean break, and it would have accurately reflected how much we had in common and how much work we had to do on the mortgage front as well as the political front—fighting socialism’s highest ranking symbol (the President) and its highest ranking cause and engine (irresponsible credit economics as exemplified in the mortgage finance and foreclosure crisis facing America today).  Orly promised to aim her passion and dramatics against the Banks, which would have been a fantastic use of her talents. So the way I see it,

Orly has not only betrayed me, however, she has betrayed the principles of truth, honesty, candor, and transparency.   Orly has betrayed her commitment to a parallel and related cause, also: the cause of economic reform.

Moreover, and quite appallingly, horrifyingly, in fact, despicably, Orly has falsely accused me of forging her signature on a document which she had approved (by signing it at least ONCE, according to her own admissions).  Orly has falsely accused me of deceiving or defrauding a court in Florida, and asking a Judge to Dismiss a case in which she had not merely offered but promised and committed to appear and represent me and my co-Plaintiffs.

This was only one of several cases in which she not merely offered but promised and committed to appear but then refused to do.   Plus there is the whole business of drafting an affidavit carefully enough as to be so vague as to avoid actual perjury in falsely accusing me but so precise as to make the insinuation and suggestion very clear to any reader. No, Orly has proven herself no devotee of the truth, or justice or of righteousness, nor of any kind of honor. My love for her was totally honorable, as was my commitment to her cause.   I would have confronted her husband and told him to set her free had she ever allowed me to do so.  I would have challenged anyone in the world to question my devotion to her.

Let me make one thing clear: as much as I despised Obama’s politics and his proposals for more and more credit banks, including his July 2008 campaign promise for an Urban Development Bank, until I met Orly I never gave a second thought to the constitutional dimensions of his citizenship until I realized of what a vast pattern of compulsive lies they comprised but a tiny proportion. Orly convinced me that she was right, that this was a realistic crusade, and she enlisted my help.   But from the very beginning she refused to listen to any concept of caution or hesitation.

Because I fell in love with her, I followed her orders blindly, and now see that she simply used me as generating machine to produce semi-coherent texts. She never wanted thought or analysis (certainly she did not want to participate in any).  Furthermore, in addition to our romantic involvement, Orly offered to represent me in my nationwide crusade for sound financial practices and a restoration of private property, respect for the integrity of the mortgage finance system, and in general a return to a productive rather than credit-based welfare economy based on conformity to lies.  Orly promised, she committed, she showed signs of willingness actually to move forward with great plans.  She even seemed genuinely enthusiastic and to make an effort at learning what appeared to be a whole new field of law and economics to her.

And so we became more and more deeply involved.  By mid-October, when we were in New York together and Lucas Smith published his “declaration”, I had wrapped my life around Orly’s and I guess I honestly believed she had wrapped hers around mine and she said over and over again how much she was committed to me and how she never wanted us to separate.  Three weeks later she had abandoned me, and yet some people have the nerve to call ME mentally unstable!  I am honest about where I come from.  Orly is not.  Orly used her words and promises to induce me as long as she wanted and then she dumped me with no regard to her promises whatsoever.

And all the while I see now that Orly, while constantly flattering me about my “intelligence,” and “scholarship” and “intellectual capacity”, avoided as much as possible any use of my brains which might have cautioned hesitancy or restraint of any kind. This is how she has gotten herself into so much trouble. Her modus operandi is speeding, in cars and in courts. Her constant counter-plea, whenever I asked for time to sift through the legal or factual material, was that to wait even a moment to engage in reflective thought or analysis would be to lose her followers, her supporters, and it was for their sake that I had to write without thinking, without adequate research or time, without allowing thoughts to sink in or mature.

This is why we lost (no, it was not because of Carter’s conceivably but unlikely compromised Law Clerks….)—like the proverbial fools we rushed in where Angels might fear to tread. Orly then, embarrassed by her setbacks, embarrassed by Lucas Smith’s incomprehensibly malicious initial disclosures (Orly knew he was staying in my house in September and could not help but notice that she was there and coming out of the shower before anyone else was up….day-after-day—so don’t accuse ME of incaution here!) But despite her rashness and impetuousity and lack of caution or care, Orly and now her supporters blame ME for the explosion of all this. I suspect it would have been a mild and trivial sideline if Orly had merely, appropriately and honestly, separated from her husband during this time period, but she chose to try officially to keep the lid on something she lacked the care to keep secret in reality. We wandered around every city in the country together—I very proud to be with this wonderful, passionate, and yes quite beautiful woman.

Orly’s lack of judgment in the handling of our relationship exactly paralleled her lack of judgment in handling the constitutional eligibility litigation. She needed me and probably still needs me in every possible way, but I don’t have her husband’s money and so she chose to DUMP me, to DUMP real love, for the illusion of piles of federal reserve notes and other credits, and she goes on with her reckless rage and fire. So let me be like John of Gaunt her, and say of Orly that her “rash fierce blaze of riot cannot last, For violent fires soon burn out themselves; Small showers last long, but sudden storms are short; He tires betimes that spurs too fast betimes; With eager feeding food doth choke the feeder: Light vanity, insatiate cormorant, Consuming means, soon preys upon itself. ” (Richard II, Act II).

This is my “Gaunt” prophecy which I foretell to Orly’s followers. In betraying me she has betrayed all the values you might wish her to stand for.  She has failed dismally in her constitutional challenges to Obama in part because of her rash impetuosity, in part because she could not be bothered to listen to my advice (or anyone else’s so far as I can tell).  She is now in the process of betraying me in every last case in which we were involved together, all the mortgage cases she is actively trying to sabotage.

I fear I have to say she is a disloyal and treacherous person all around: personally, professionally, and ideologically her commitments to “higher values” must therefore be considered perhaps opportunistic at best.  A woman who makes and disregards her personal commitments as lightly and honestly as Orly Taitz can hardly be trusted to lead a national movement.  Anyone who betrays her professional duty to think to impress her followers, betrays quite possibly the best friend she ever had for the purpose of impressing her followers, and who will betray the essence of words like “love” and “forever”, cannot lead a movement dedicated to honor and integrity in government.  I am sorry, but the personal is a microcosm of the public, and while I think we all know that human emotions are fickle, the way we handle them is reflective of our character.  So Judge for yourself: if I had had my choice, Orly and I would have admitted our affair and she would have separated from her husband.

Orly’s choice is, once the cat was out of the bag—”I hate cats, I am allergic to cats, he was just a stray and mangy cat, I am a dog person not a cat person, that wasn’t even my bag, how did that cat get in my bag.”