Tag Archives: New York

Lawless Love: New Orleans Mardi Gras and Richard Wagner’s Der Ring des Niebelungen….Can Civilization survive a merger? On Lundi Gras, the Ancient Krewe of Proteus tested the waters….

In 2017, Mardi Gras in New Orleans yields gigantic piles of trash, poisons thousands with excessive alcohol, and fosters a welfare oriented and sometimes criminal mentality, yet it is a uniquely community affirming ritual that nearly shuts down this medium-sized city and draws the attention of the rest of the world.  Mardi Gras allows (especially a lot of black) people an escape from the humdrum of poverty and ordinary life.  Like the Saturnalia of Ancient Rome, Mardi Gras is a time of reversal, an inversion of all the rules. 

In the years 1843-1883, Richard Wagner broke all the rules of music and theatre and made new ones, many of which we still follow in playhouses and cinemas and opera houses today (such as “dimming the lights” before and during a performance, which was a brand new idea in Wagner’s day).  Wagner equated hatred of Jews with love of art and civilization, especially music, and in so doing (and writing prolifically about it) he served as an inspiration for the German National Socialist movement, especially one Iron-Cross winning corporal who survived “the Great War”: Adolf Hitler.  

This year the Krewe of Proteus (founded 1881) brought Mardi Gras madness and Wagnerian passion together in a torchlight parade…. and the result was stunning and extremely impressive, if not quite terribly loyal to the plot or typical imagery of the operas.  But Proteus gave us an amazingly intellectual interlude in the utter squalor and depravity of most Mardi Gras events…. and one which surely went over the head of (I would estimate, unscientifically) more than 95% of the people assembled along Magazine Street and St. Charles Avenue Monday Night.

The parade received SOME local attention, e.g.: http://www.theadvocate.com/new_orleans/entertainment_life/festivals/article_be5d1948-d9bb-11e6-ad6b-4faaff249cf7.html, but well-over half of this town speaks a dialectical variety of English which cannot be called “educated”…. and the rest of the population isn’t overly steeped in European culture—the original Opera House (the first in the United States) at the corner of Toulouse and Bourbon Street, burned down in 1919 and is now the site of a modern hotel in the absolutely most depraved and degenerate blocks of Bourbon Street…. several blocks of which constitute one of the most depraved and degenerate (and dirty) “micro-neighborhoods” anywhere in the United States… I have written before on these pages about the destruction and degradation of beautiful New Orleans after 1865, and especially in the 20th century.  The City had reached its pinnacle in 1860…..and then a very destructive war happened….

But if one is the pinnacle or Zenith of all things Elite and Erudite in Western Civilization and the other marks the Nadir or even polar opposite of high civilization, what do “Der Ring des Niebelungen” and New Orleans Mardi Gras have in common?

Actually quite a bit: both exalt what can only be called “Lawlessness”, especially in the realm of love and sex…

To start off with, Wotan, in Wagner’s Ring, like his Ancient Greek Counterpart Zeus, can only be called a “philandering cad”…. I know this would be considered an insult in many quarters, but it is, statistically speaking, quite a “Godlike” or “Kingly” trait… and I confess I’ve lived that way myself for most of my existence…. although I can claim neither Divinity nor Royalty….  Wagner’s Wotan is a tragic character…. he is adventurous, generally idealistic, and seeks to build a beautiful new world (Valhalla).  And yet dies as he watches his world destroyed around him….by a fire set by his daughter….well, actually a fire set by ONE of his many daughters (Brunhilde) by Erda, ONE of Wotan’s many girlfriends/paramours/liasons… whatever it is proper for the King of the Gods to call his mistresses…. (Sidebar: in the original Icelandic and Norse sagas and tales, Erda (aka “Jörð” was the mother of the thunder and hammer God THOR with Wotan, not the Valkyrie Brunhilde….)

Aside from Wotan and Erde, Wotan also fathers the lineage which ultimately overthrows him—the Walsunga….first a male-female pair of twins, Siegmund and Sieglinde, who are separated in early childhood and meet once Sieglinde is married to a very beastly, babbitty, bourgeois bore by the name of Hunding….  “Naturally” or unnaturally, Siegmund and Sieglinde rapidly become an item one Spring AFTER (not in spite of, but because of) recognizing each other as long-lost siblings, and they have a child.  (Wotan’s wife Fricka, the goddess of Marriage [NOT love, but marriage] compels Wotan to kill Siegmund to avenge Hunding’s loss of his wife…. and Wotan’s daughter….to Wotan’s son…. talk about conflicts of interest, you know…. NO modern lawyer would ever know what to do with the Walsung estate…. IF Brunhilde’s immolation had left anything, which it didn’t….

Siegmund and Sieglinde’s lovechild….(Sieglinde dies in childbirth)….is SIEGFRIED… destined to become the boy who knew no fear… the Dragonslayer… and, not coincidentally, Brunhilde’s “POSSLQ”…. at least for a while….

Now any competent sociologist will tell you that families JUST LIKE WOTAN’s typify the underclasses everywhere, as well as the extreme upper classes (e.g. the British monarchy). But especially dysfunctional families are well-known as characteristic of the black community….in Chicago, South Central Los Angeles, Miami, New York, and New Orleans, and these are the families who most enjoy watching and trashing the Mardi Gras parades.

A substantial number of middle-class to upper class and truly, traditionally, elite Uptown New Orleans White Families and a lot of middle class white tourists from Peoria, Princeton (Illinois), Paris (Texas), Portland, Poughkeepsie, Punksetawny, and every other real or imagined “Pottersville” (cf. “It’s a Wonderful Life”)…. create some illusion of “racial balance,” or at least “diversity.”  But the overwhelming majority of the parade viewers on the street, “throw collectors” and Mardi Gras celebrants generally are mulatto (mixed race) and black African-Americans….and their culture clearly does not have any credal element that dictates “Cleanliness is Godliness.”

So the Krewe of Proteus has done something amazing…. they have made a brilliant parade out of the operatic tetralogy that inspired the Third Reich, and all its dreams of a thousand years of racial purity and Aryan supremacy…. and brought it to New Orleans where almost nobody understands it or “gets” anything about it.

Why did they (the Krewe of Proteus) do it and what does it mean?  “The Advocate” states that Proteus has a long tradition of operatic support….but this just isn’t enough.  Proteus was founded when Richard Wagner was still alive (albeit near the end of his life… within a year of the date that Wagner’s last opera Parsifal premiered on July 26, 1882, at the Festspielhaus in beloved Bayreuth….)…

All I can promise you is that I intend to find out…. And write more about this when I have more to report…. I confess I have a suspicion, a hope perhaps, that Krewe of Proteus is sending a highly concealed “Alt-Right” message that the same kind of elite which formerly ruled the West is still alive, and well, and hiding in New Orleans, biding its time for an opportunity to seize power once again…. in the land of pioneering “Third Way” Americans like Huey Long and Gerald L.K. Smith…..

Gilad Atzmon: THE JEWISH PLAN FOR THE MIDDLE EAST

http://www.gilad.co.uk/writings/the-jewish-plan-for-the-middle-east-and-beyond.html

FRIDAY, JUNE 13, 2014 AT 12:09PM GILAD ATZMON
By Gilad Atzmon

Surely, what’s happening now in Iraq and Syria must serve as a final wakeup call that we have been led into a horrific situation in the Middle East by a powerful Lobby driven by the interests of one tribe and one tribe alone.

Back in 1982, Oded Yinon an Israeli journalist formerly attached to the Israeli Foreign Ministry, published a document titled ‘A Strategy for Israel in the Nineteen Eighties.’This Israeli commentator suggested that for Israel to maintain its regional superiority, it must fragment its surrounding Arab states into smaller units. The document, later labelled as ‘Yinon Plan’, implied that Arabs and Muslims killing each other in endless sectarian wars was, in effect, Israel’s insurance policy.

Of course, regardless of the Yinon Plan’s prophesies, one might still argue that this has nothing to do with Jewish lobbying, politics or institutions but is just one more Israeli strategic proposal except that it is impossible to ignore that the Neocon school of thought that pushed the English-speaking Empire into Iraq was largely a Jewish Diaspora, Zionist clan. It’s also no secret that the 2nd Gulf War was fought to serve Israeli interests – breaking into sectarian units what then seemed to be the last pocket of Arab resistance to Israel.

Similarly, it is well established that when Tony Blair decided to launch that criminal war, Lord Levy was the chief fundraiser for his Government while, in the British media, Jewish Chronicle writers David Aaronovitch and Nick Cohen were busy beating the drums for war. And again, it was the exact same Jewish Lobby that was pushing for intervention in Syria, calling for the USA and NATO to fight alongside those same Jihadi forces that today threaten the last decade’s American ‘achievements’ in Iraq.

Unfortunately, Yinon’s disciples are more common than you might expect. In France, it was the infamous Jewish ‘philosopher’ Bernard Henri Levy who boasted on TV that ‘as a Jew’ campaigning for NATO intervention, he liberated Libya.

As we can see, a dedicated number of Jewish Zionist activists, commentators and intellectuals have worked relentlessly in many countries pushing for exactly the same cause – the breaking up of Arab and Muslim states into smaller, sectarian units.

But is it just the Zionists who are engaging in such tactics? Not at all.

In fact, the Jewish so-called Left serves the exact same cause, but instead of fragmenting Arabs and Muslims into Shia, Sunnis, Alawites and Kurds they strive to break them into sexually oriented identity groups (Lesbian, Queer, Gays, Heterosexual etc’)

Recently I learned from Sarah Schulman, a NY Jewish Lesbian activist that in her search for funding for a young ‘Palestinian Queer’ USA tour, she was advised to approach George Soros’ Open Society institute. The following account may leave you flabbergasted, as it did me:

“A former ACT UP staffer who worked for the Open Society Institute, George Soros’ foundation, suggested that I file an application there for funding for the tour. When I did so it turned out that the person on the other end had known me from when we both attended Hunter [College] High School in New York in the 1970s. He forwarded the application to the Institutes’s office in Amman, Jordan, and I had an amazing one-hour conversation with Hanan Rabani, its director of the Women’s and Gender program for the Middle East region. Hanan told me that this tour would give great visibility to autonomous queer organizations in the region. That it would inspire queer Arabs—especially in Egypt and Iran…for that reason, she said, funding for the tour should come from the Amman office” (Sarah Schulman -Israel/Palestine and the Queer International p. 108).

The message is clear, The Open Society Institutes (OSI) wires Soros’s money to Jordan, Palestine and then back to the USA in order to “inspire queer Arabs in Egypt and Iran (sic).”

What we see here is clear evidence of a blatant intervention by George Soros and his institute in an attempt to break Arabs and Muslims and shape their culture. So, while the right-wing Jewish Lobby pushes the Arabs into ethnic sectarian wars, their tribal counterparts within George Soros’s OSI institute, do exactly the same – attempt to break the Arab and Muslims by means of marginal and identity politics.

It is no secret that, as far as recent developments in Iraq are concerned, America, Britain and the West are totally unprepared. So surely, the time is long overdue when we must identify the forces and ideologies within Western society that are pushing us into more and more global conflicts. And all we can hope for is that America, Britain and France may think twice before they spends trillions of their tax payers’ money in following the Yinon Plan to fight ruinous, foreign wars imposed upon them by The Lobby.

The Wandering Who? A Study Of Jewish Identity politics and Jewish Power in particular – available on Amazon.com & Amazon.co.uk

Where do we belong?—Meditations on the Feast of Saints Peter & Paul—where DO we belong?

Always hoped that I’d be an Apostle, knew that I could make it if I tried;….. then when we retire we can write the Gospels so they’ll still talk about us when we die….

Jesus Christ Superstar, Andrew Lloyd Weber (Broadway 1971, Movie 1973)

2 Timothy 4:1-8.   As for me, I am already being poured out as a libation, and the time of my departure has come.  I have fought the good fight, I have finished the race, I have kept the faith.

Saint Peter’s self-chosen mission was as Apostle to the Jews, Saint Paul’s to the Greeks, though they both died in Rome.  Originally they belonged to the same Jewish Community as Joseph & Mary, John-the-Baptist, and Jesus himself.  We might imagine that Peter and Paul belonged, presumably as devout members of the Temple of Jerusalem, but possibly not even close, but they belonged to that race and religion and linguistic and ethnic group, in Roman Occupied Judea, aka Palestine, aka Syria, presumably being very close in age and community to Jesus Christ himself.  

In the service of the Anointed “Son of God”, heir of the Royal House of David, the tree that grew from Jesse’s loins, Peter and Paul became the most famous and visible to history of all Jesus’ Apostles. They belonged as apostlesPaul’s letters and writings were generally deemed to “belong” in the Bible by the Council of Nicea.  But the “Gospel of Peter” was deemed by that same body NOT to belong, although it scholars of early Christianity still discuss it extensively, see e.g.: 

http://earliestchristianity.wordpress.com/2013/04/19/the-walking-talking-cross-in-the-gospel-of-peter-goodacre-vs-foster/

My “Forward Day-by-Day Booklet” suggests that this is a day when we should all consider, like Peter and Paul, where we belong, whether we are Christians or Jews or Pagans, to begin with, and then what we should do next.  Without our community, what should we do and how?  Should we accept the world as it is or try to change it?  Where do we belong in history?

We are free, endowed by God and/or Natural Selection with Free Will, but that is perhaps the greatest of our burdens.  “Our world recognizes the subversive nature of the Christian faith and subverts us either by ignoring us or by giving us the freedom  to be religious—as long as we keep religion a matter of personal choice.”   (From “Resident Aliens” by Stanley Hauerwas.

Has the South “Run the Good Race?” Is it time for the South (and California and Texas and the Union as a whole) to choose a different Path?   If we cannot “keep the faith”—do we really belong here?

Pat Buchanan has always been one of my favorite political writers.  He now asks whether the South still belongs in the Union, and I think it is a valid question.  Frankly, I believe that the Union does not belong anymore.  As my long-time (but currently “vacationing” personal assistant Peyton Freiman said sagely some years ago, “The United States needs to Secede from itself.  I think this has only become truer with time.  The South should Secede; California and Hawaii and Texas and Alaska should Secede. New England and New York should secede.  The Federal Union should be dissolved.  Obama can have the District of Columbia all to himself and the Supreme Court and Congress.  Illinois and Michigan might want to secede but then let Chicago and Detroit Secede and form an Isolated trio of City States with D.C., Detroit and Chicago exist under Obama.  The states should not recall their congressmen, because they are only worthy to be forgotten, not recalled…. In fact, all the States should simply revoke their Congressmen’s citizenship and order them to remain in D.C. or emigrate to Afghanistan, Israel, or Saudi Arabia or Yemen, depending on their political preferences.

Does the South Belong in the Union?

Friday – June 28, 2013 at 12:27 am

By Patrick J. Buchanan

Is the Second Reconstruction over?

The first ended with the withdrawal of Union troops from the Southern states as part of a deal that gave Rutherford B. Hayes the presidency after the disputed election of 1876.

The second began with the Voting Rights Act of 1965, a century after Appomattox. Under the VRA, Southern states seeking to make even minor changes in voting laws had to come to Washington to plead their case before the Justice Department and such lions of the law as Eric Holder.

Southern states were required to get this pre-clearance for any alterations in voting laws because of systematic violations of the 14th and 15th amendment constitutional rights of black Americans to equal access to polling places and voting booths.

The South had discriminated by using poll taxes, gerrymandering and literacy tests, among other tactics. Dixie was in the penalty box because it had earned a place there.

What the Supreme Court did Tuesday, in letting the South out of the box, is to declare that, as this is not 1965, you cannot use abuses that date to 1965, but have long since disappeared, to justify indefinite federal discrimination against the American South.

You cannot impose burdens on Southern states, five of which recorded higher voting percentages among their black populations in 2012 than among their white populations, based on practices of 50 years ago that were repudiated and abandoned in another era.

You cannot punish Southern leaders in 2013 for the sins of their grandfathers. As Chief Justice John Roberts noted, black turnout in 2012 was higher in Mississippi than in Massachusetts.

Does this mean the South is now free to discriminate again?

By no means. State action that discriminates against minority voters can still be brought before the Department of Justice.

Even the “pre-clearance” provision of the VRA remains. All the court has said is that if Congress wishes to impose a pre-clearance provision on a state or group of states, Congress must have more evidence to justify unequal treatment than what “Bull” Connor did in Birmingham back in 1965.

Congress could pass a bill today authorizing Justice Department intervention in any state where the registration of blacks, Hispanics or Asians fell below 60 percent of that electorate.

What Congress can no longer do is impose conditions on Southern states from which Northern states are exempt. Washington can no longer treat the states unequally — for that, too, is a violation of the Constitution.

The Roberts court just took a giant stride to restoring the Union.

Yet the hysterical reaction to the decision reveals a great deal.

What do critics say they are afraid of?

While conceding that immense progress has been made with the huge turnout of black voters in the South and the re-election of a black president, they say they fear that without the pre-clearance provision this would never have happened. And now that the provision no longer applies to the South, the evil old ways will return.

On several counts this is disheartening.

For what the critics of the court decision are saying is that, no matter the progress made over half a century, they do not trust the South to deal fairly and decently with its black citizens, without a club over its head. They do not believe the South has changed in its heart from the days of segregation.

They think the South is lying in wait for a new opportunity to disfranchise its black voters. And they think black Southerners are unable to defend their own interests — without Northern liberal help.

In this belief there are elements of paranoia, condescension and bigotry.

Many liberals not only do not trust the South, some detest it. And many seem to think it deserves to be treated differently than the more progressive precincts of the nation.

Consider Wednesday’s offering by Washington Post columnist Harold Meyerson. The South, he writes, is the home of “so-called right-to-work laws” and hostility to the union shop, undergirded by “the virulent racism of the white Southern establishment,” a place where a “right-wing antipathy toward workers’ rights” is pandemic.

The South is the “the heartland of cheap-labor America. … When it wants to slum, business still goes to the South.” Then there are those “reactionary white Republican state governments.”

Were a conservative to use the term “black” as a slur the way Meyerson spits out the word “white,” he would be finished at the Post. Meyerson’s summation:

“If the federal government wants to build a fence that keeps the United States safe from the danger of lower wages and poverty and their attendant ills — and the all-round fruitcakery of the right-wing white South — it should build that fence from Norfolk to Dallas. There is nothing wrong with a fence as long as you put it in the right place.”

Harold looks forward to the day that a surging Latino population forces “epochal political change” on a detestable white South.

FORGED PROMISSORY NOTES: We Need Other Examples of Expert-Verified Forged Promissory Notes Wachovia to Wells Fargo Transition—Please Help if you have information.

Please Help: I would like to assemble a list of forensically verified (expert witness confirmed) FORGED PROMISSORY NOTES, especially by Wells Fargo claiming status as successor to Wachovia.  We have obtained an expert witness report in New Jersey who has verified and distinguished a probable forgery in a Wachovia note now claimed as proof by Wells Fargo.  I am looking for any comparable forgeries verified by expert witness analyses in other cases.  

I will share all our information with anyone who will share with us any of the following (1) experts reports, (2) images of the forgery, and (3) expert curriculum vitae concerning other Wachovia/Wells Fargo Forgeries.  It would especially be useful to have evidence from any bank or mortgage finance company/originator at all (any brand name) in the Middle Atlantic States: Delaware, Maryland, New Jersey, New York, or Pennsylvania, but really from Wells Fargo and Wachovia anywhere.  Please contact me here on this blog or at charles.e.lincoln@gmail.com and provide me contact information.  I will pay costs of duplicating, certification, and express delivery of the documentation.

There may be a pattern of forgery which document or evidence the sloppy securitization practiced at Wachovia and Wells Fargo’s lack of concern for accuracy or honesty in proof of its status as actual holder of notes allegedly “inherited” from Wachovia.  

THE FORM OF WACHOVIA PROMISSORY NOTES:

The Wachovia “note” in question (produced May 15, 2013) also had inconsistent footers and inconsistent patterns of pagination from page-to-page.  I would be very interested in seeing as many samples of Wachovia Notes and Mortgages from 2004-2009 (showing footers) as I can get my hands on.  

Aside from the facts concerning the forged signature, the problems are as follows:

One does not need to be a forensic document examiner or expert auditor of mortgages, commercial papers generally or promissory notes in particular to see and understand the significance of the word “REDACTED” stamped on the upper right hand corner of Page 1 of the Wachovia Bank document submitted by Foreclosure Mill-Law Firm REED-SMITH, nor of the “Lender’s Use Only” stamp on the bottom right of that same page.  These stamps both indicate even to the most casual observer that the copy tendered is both NON-ORIGINAL and ALTERED from the original.

22.     “REDACTED” means nothing in the English language besides “edited” or “altered.” Yet this is “a true and correct copy of the Note from the loan file that was provided to” Foreclosure Mill-Law Firm REED-SMITH “by representatives of Wells Fargo Bank.”  REED-SMITH might as well have certified this “Note” as found on-line in Wikipedia or delivered to her by certain unidentified and unknown “Men in Black”.

23.     Any indication of forgery or alteration of a note or other document renders it impossible for the claimant to such note or other document to qualify as a “holder-in-due course” under the relevant provisions of New Jersey Law:

12A:3-302. Holder in due course

a. Subject to subsection c. of this section and subsection d. of 12A:3-106, “holder in due course” means the holder of an instrument if:

(1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and  [bold and Italic emphasis added]

(2) the holder took the instrument for value, in good faith, without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, without notice that the instrument contains an unauthorized signature or has been altered, without notice of any claim to the instrument described in 12A:3-306, and without notice that any party has a defense or claim in recoupment described in subsection a. of 12A:3-305.

Last modified: February 13, 2012

http://law.onecle.com/new-jersey/12a-commercial-transactions/3-302.html, consulted and copied on-line on Sunday June 2, 2013.

24.     Of course, Wells Fargo Bank has not yet offered even a scintilla of evidence that it “took the instrument for value, in good faith,….” Or “without notice that the instrument contains an unauthorized signature or has been altered.”

AND IN FACT, THE SIGNATURE IS NEITHER GENUINE NOR AUTHORIZED, AND THE NOTE IS A FRAUDULENT FORGERY

25.     A visual comparison of the footers show that the pages of Foreclosure Mill-Law Firm REED-SMITH’s  alleged “Note” do not belong to a single continuous series.

26.     The footers on pages 1-5 of the alleged Note bear the alphanumeric designations SD253A through SD253E, in each case followed by the parenthetical (2006-09-6) while page 6, bearing what purports to be MNM’s signature, bears only the alphanumeric designation SD253 without the expected sixth letter F, followed by the parenthetical (2004-03-1). 

27.     The page designation on alleged note page 6 is also different, printed as “Page 6 of 6” where none of the previous pages in the Note bear this “of 6” inscription or notation.

28.     Following the first parenthetical, pages 1 and 2 only bear the further bracketed parenthetical [A 02 (2006-09-6)] and then “Adjustable Pick-A-Payment” Note followed by “NJ”. 

29.     On page 1 this inscription is condensed, as if electronically, moved right to accommodate the inserted rectangular box “Lender’s Use Only” which does not appear on any other page but bears a bar code and the numbers “0 0 1.”

30.     The footers on Alleged Note Pages 3, 4, and 5 all lack this second bracketed parenthetical entirely, and the “ADJUSTABLE PICK-A-PAYMENT NOTE” is properly centered and isolated over the “Page 3” inscription.

31.     The signature page, perhaps significantly, does NOT bear the centered “ADJUSTABLE PICK-A-PAYMENT NOTE” designation above “Page 6 of 6” but it DOES contain a second bracketed parenthetical, which matches the different date identified above of (2004-03-1) by stating [W14 (2004-03-01)].

32.     Finally, in regard to the footers, the First Page is also unique because, beneath the left margin-justified SE253A (2006-09-6) notation, it bears the further left margin-justified text: “A MODIFICATION TO NOTE AND RIDER TO SECURITY,” which is inconsistent with the title “Adjustable Rate mortgage Note Fixed Advantage Pick-a-Payment (sm) LOAN (MONTHLY INTEREST RATE CHANGES) at the top of the same page.

33.     This “visual” analysis of the footers indicate that while pages 3, 4, and 5 come from a single pre-printed series, pages 1, 2, and 6 have either been altered or come from other pre-printed series, with page 6, the signature page, showing the most radical divergence in form and relationship to the other pages.

“Behold El Capitan,” “Remember the Maine,” Guy Fawkes’ Day, September 11, and the Culture of Deception

Some of my happiest days as an undergraduate at Tulane University were spent in Dixon Hall under the tutelage of my voice and singing instructor Francis Monachino, long-time Chairman of the Tulane & Newcomb Music Departments and a great and inspiring teacher.  

My first part in any major production at Tulane was as “Senor Amibile Pozzo, Chamberlain of Peru” in John Philip Sousa’s Comic Operetta El Capitán (Premiered in April 1896 in Boston & New York).  I never realized it at the time, but this comedy had great historical significance, and may have played a part in launching 20th Century America’s Culture of Deceit and Deception.  

The plot is pure farce, on its face: “El Capitán” is in fact Don Enrique Medigua, a fictional Spanish Viceroy of Peru, which was in reality the richest of all the dominions in the New World, whose production of gold, silver, and agricultural products far outstripped even Mexico during the 16th, 17th, and 18th Centuries.  Don Medigua fears assassination by rebels, and secretly arranges for the murder of the (real) rebel leader known as “El Capitán” (so the real rebel leader plays no part in the operetta). Unbeknownst to the rebels or anyone except his Chamberlain Pozzo, Don Medigua disguises himself as El Capitán and sabotages the rebel movement from within, but not before allowing the beautiful Estrelda, daughter of the former Viceroy, to fall madly in love with him based on his reputation as a fierce terrorist and warrior.  Don Medigua’s actual wife and daughter think he has been kidnapped by the rebels and have Pozzo pretend to be the Viceroy so that the Spanish born Aristocrats of Peru will not lose hope and despair.   An enterprising band of rebels then capture Pozzo, believing him to be the real Viceroy, and bring him before El Capitán who is, of course by this time in something of a pickle.   But Don Medigua disguised as El Capitán has so completely exhausted the rebels by his “mis-leadership” that the rebellion collapses, the Spanish nobility wins, and the story ends “happily.” 

A thought that never occurred to me when I was playing Pozzo at 16 (to Anthony Laciura’s brilliant performance as Don Medigua/El Capitán) now seems so obvious to me: was it mere coincidence that the most popular writer of military marches in American history composed this operetta less than two years before the sinking of the Battleship USS Maine in Havana Harbor on February 15, 1898.  Most historians now concur that the Maine, the second armoured cruiser (pre-dreadnought Battleship) in the U.S. Navy, was deliberately sunk by its crew for the sole purpose of inciting American popular opinion in favor of America’s first “World Wide War” of expeditionary conquest (i.e., the direct precursor of Vietnam, Afghanistan, and Iraq).   El Capitán exemplifies the literary, historical, and/or dramatic trope that certain ideas appear first as a comic joke and then are later taken seriously: if John Philip Sousa’s operetta was not the template for the sinking of the Maine, it is nevertheless a remarkable historical coincidence that Don Medigua first murders and then impersonates his enemy in order to defeat him in a popular drama that was still playing all over the United States when the USS Maine blew up.

And yes, I write all this at the close of Guy Fawkes’ Day, November 5, 2011: Remember, Remember the Fifth of November, the Gunpowder Treason and Plot; I know of no reason why the Gunpowder Treason should ever be forgot.  I like to pat myself on the back and brag that no sooner had Osama bin Laden been named as the perpetrator of 9-11 than I predicted with great confidence that he was the new Gunpowder Plotter, and that 9-11 was the new 5th of November.  I predicted that bin Laden’s name would endure forever beside Guy Fawkes, but unfortunately, I had no role in producing the amazing movie based on that theme which came out in 2005, on the 400th Anniversary of the original Gunpowder plot in 1605.

V-for-Vendetta remains, to my mind, probably the finest political movie of the century, and I mean the past hundred years since the beginning of the cinematic film industry, not just the 21st Century in which we have lived for barely 11 years.  Natalie Portman and Hugo Weaving marvelously portray the principle characters in this story which explores all the possibilities of the use of the Guy Fawkes gunpowder story, and this movie has in turn given a new birth of metaphoric and dimensional analysis to the study of false flag attacks, false heroism, and the role of government as “first among all liars.”

There is not a shred of doubt that the movie V-for-Vendetta is the story of 9-11, metaphorically, allegorically, fictionalized as Britain under a pseudo-Fascist (Adam Sutler, whose name is awfully reminiscent of Adolph Hitler) instead of the United States of America under a pseudo-Republican (George W. Bush), in future time rather than historical, but with so many direct references to 9-11 and associated events…. well, it’s just incredible.  

Also incredible to me is that the Wikipedia article on V-for-Vendetta does not even mention the parallels between the Sutler regime’s use of false-flag bioterrorism against the British people and the (9-11 “Truth Movement’s” theory that the) Bush regime used false-flag air terrorism against the American people.  To me, the parallels are inescapable: the producers of V-for-Vendetta analyzed the same facts concerning recent history as those which gave rise to the 9-11 Truth Movement and came to the conclusion that terrorism originates not (primarily anyhow) with real Muslim extremists but with governments who see the “genius” of fear and use it against their own people to suppress civil liberties and maintain power.  

The Muslim terrorists (in both North American and Western European modern history and V-for-Vendetta mythology), to the extent that they are real, are rather like Guy Fawkes in the 17th century.  Modern Muslim terrorists, like Papist plotters of the past, have great value as symbols and embodiments of a real but rather vague threat to the national identity which justify the use and maintenance of real power.  The Papist threat in England could only materialize when it comes in the form of a Catholic King (like King James II Stuart, grandson of James I, against whom Guy Fawkes allegedly plotted, and younger brother of Charles II who had no legitimate offspring [although he had literally dozens of illegitimate children by his mistresses].  The tumultuous history of 17th Century Stuart England focused on the maintenance of royal power through popular fear of Catholicism, balanced against royal fear of popular power manifested through Cromwell’s Civil War and Commonwealth (including the Regicide/Martyrdom Murder/Execution of King Charles I on January 31, 1649 after a preposterous “show” trial of the King for treason) and finally the “Glorious Revolution” of 1688-1689 which firmly established the modern Constitutional Monarchy of Great Britain ruled by Parliament.

In Adam Sutler’s England, like George Bush’s America, maintaining fear of Muslims among the people supported the repression of the historical “English Freedoms” secured under Elizabeth I, James I, Charles II, and William III & Mary II.  If there are real fears of Muslim domination in America, they are coming to fruition under George W. Bush’s successor, “Barack Hussein Obama” whose name resoundingly echoes both “Osama” (bin Ladin, the modern Guy Fawkes) and the former dictator of Iraq whom George W. Bush decided to eliminate to maximize control over a nation which simply did not accept the “Bush doctrine” of Global government under US control.  

Any way you look at it: elaborate governmental lies concerning faked attacks and falsified heroes have been used to justify strong central governments for a very long time now.  It is hard to say whether the original Gunpowder Plot was real or staged. The “November 5” plot on King James I and his wife and Court MIGHT have been real, and if so, it was a REALLY stupid plot (there was not enough Gunpowder under the houses of Parliament or any other explosive technology available in 1605 to have blown through and killed the King).  Even if successful, the plotters had no Papist “nominee” lined up to become King of England on King James’ death, and James’ eldest son at the time, the future Charles I, was only two weeks short of five years old on November 5, 1605. (But admittedly, if James AND his children had been killed, legitimate succession at that point might have been very difficult, in that no English Monarch since Henry VIII had had any children: all of Henry Tudor’s children: Edward VI, Mary I, and Elizabeth I, died childless, possibly in part a testament to their own horror at their father’s gruesome “family and marital” life and history).  

Other historians have seen Guy Fawkes as a “Patsy” (scapegoat) comparable in real role and status to Lee Harvey Oswald in the assassination of John F. Kennedy, being the “Fall Guy” for the “False Flag” Gunpowder Plot just as “9-11 Truthers” (including this writer) believe that Osama bin Laden was merely the “Patsy” for the events of 1998-2001 and afterwards which gave rise to the USA Patriot Act of 2001 and all the subsequent greatest suppressions of English and American liberties in the entire history of both nations since the reign of Henry VIII (who died 102 years and 3 days before the execution of Charles I, on January 28, 1547).  

The study of “false flag” terrorism and warfare is a rising subject of historical deconstruction.  It is stark testimony to the general lack of confidence people have in the U.S. government that a large number of people (polls differ) disbelieve the “official stories” of the Warren Commission concerning the events of November 1963 in Dallas, the origins of the Vietnam War in the “Gulf of Tonkin” incident the very next year, in August of 1964, and the subsequent stories of the events in the 1990s at Ruby Ridge (Idaho), Mount Carmel (Waco, Texas), Oklahoma City, the US Embassies in Nairobi and Dar es Salaam, and finally 9-11 itself in New York, Washington, and Pennsylvania.  Pearl Harbor, the trigger for World War II, was obviously not a “False Flag” attack (there is not and has never been any doubt that the Imperial Japanese Navy was correctly identified as the culprit, and that it acted under official orders from Tokyo). But many Americans (and others worldwide) believe that President Franklin Delano Roosevelt had despaired of ever finding a politically adequate or emotionally sufficient excuse to embroil or involve the United States into World War II, and so he either expressly invited the Japanese to attack or at the very least intentionally disabled the U.S. Naval and air forces around Hawaii in early December 1941.

The governments of the United States and the United Kingdom, in this day, appear to be governments based on a culture of pure deceit and deception.  All governmental pronouncements and actions should be regarded with the most stringent suspicion.  As one of the newscasters says in V-for-Vendetta “we just report the news, we don’t make it up….that’s the government’s job.”

Indymac v. Diana Yano-Horoski (Some Judges see the Light—now how about Politicians?)

 

[*1] Indymac Bank F.S.B., Plaintiff against Diana Yano-Horoski, Wells Fargo Bank Minnesota National Association as Trustee for Soundview Home Equity Loan Trust 2001-1 and Kimberly Horoski, Defendants.
2005-17926
SUPREME COURT OF NEW YORK, SUFFOLK COUNTY
2009 NY Slip Op 52333U; 2009 N.Y. Misc. LEXIS 3136

November 19, 2009, Decided
NOTICE:

THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING THE RELEASE OF THE FINAL PUBLISHED VERSION. THIS OPINION IS UNCORRECTED AND WILL NOT BE PUBLISHED IN THE PRINTED OFFICIAL REPORTS.

CORE TERMS: mortgage, foreclosure, adjustable rate, cancelled, modification, daughter, recorded, vacated, good faith, indebtedness, principal balance, total amount, legal right, unconscionable, cancellation, credibility, settlement, equitable, greatly, reside, discharged, successors, housing, foreclosure of a mortgage, interest rate, market value, monetary sanctions, equity jurisdiction, force and effect, careful consideration

COUNSEL: [**1] For Plaintiff: Steven J. Baum P.C., Buffalo, New York.

Diana Yano-Horoski, Defendant, Pro se, East Patchogue, New York.

JUDGES: JEFFREY ARLEN SPINNER Click for Enhanced Coverage Linking Searches, J.S.C.

OPINION BY: JEFFREY ARLEN SPINNER Click for Enhanced Coverage Linking Searches

This is an action wherein the Plaintiff claims foreclosure of a mortgage dated August 4, 2004 in the original principal amount of $ 292,500.00 recorded with the Clerk of Suffolk County, New York in Liber 20826 of Mortgages at Page 285. The mortgage secures an adjustable rate note of the same amount with an initial interest rate of 10.375%. The mortgage encumbers real property commonly known as 8 Oakland Street, East Patchogue, Town of Brookhaven, New York and described as District 0200 Section 979.50 Block 05.00 Lot 001.000 on the Tax Map of Suffolk County. Plaintiff commenced this action by filing a Summons, Verified Complaint and Notice of Pendency on July 27, 2005. The Notice of Pendency was extended by Order dated April 28, 2008 and a Judgment of Foreclosure & Sale was granted on January 12, 2009.

Thereafter and in accordance with the Laws of 2008, Ch. 472, Sec. 3-a and in view of the fact that the loan at issue was deemed to be “sub-prime” or “high cost” in nature, Defendant seasonably requested  [**2] that the Court convene a settlement conference. That request was granted and a conference was commenced on February 24, 2009 which was continued five times in a series of unsuccessful attempts by the Court to obtain meaningful cooperation from Plaintiff. In view of Plaintiff’s intransigence in its continuing failure and refusal to cooperate, both with the Court and with Defendant’s multiple and reasonable requests, the Court directed that Plaintiff produce an officer of the bank at the adjourned conference scheduled for September 22, 2009.

At the conference held on September 22, 2009, Karen Dickinson, Regional Manager of  [*2] Loss Mitigation for IndyMac Mortgage Services, division of OneWest Bank F.S.B. (“IndyMac”) appeared on behalf of Plaintiff. IndyMac purports to be the servicer of the loan for the benefit of Deutsche Bank who, it is claimed, is the owner and holder of the note and mortgage (though the record holder is IndyMac Bank F.S.B., an entity which no longer is in existence). At that conference, it was celeritously made clear to the Court that Plaintiff had no good faith intention whatsoever of resolving this matter in any manner other than a complete and forcible devolution  [**3] of title from Defendant. Although IndyMac had prepared a two page document entitled “Mediation Yano-Horoski” which contained what purported to be a financial analysis, Ms. Dickinson’s affirmative statements made it abundantly clear that no form of mediation, resolution or settlement would be acceptable to Plaintiff. IndyMac asserts the total amount due it to be in excess of $ 525,000.00 and freely concedes that the property securing the loan is worth no more than $ 275,000.00. Although Ms. Dickinson insisted that Ms. Yano-Horoski had been offered a “Forbearance Agreement” in the recent past upon which she quickly defaulted, it was only after substantial prodding by the Court that Ms. Dickinson conceded, with great reluctance, that it had not been sent to Defendant until after its stated first payment due date and hence, Defendant could not have consummated it under any circumstances (Defendant, through Plaintiff’s duplicity, found herself to be in the unique and uncomfortable position of being placed in default of the “agreement” even before she had received it). Plaintiff flatly rejected an offer by Plaintiff’s daughter to purchase the house for its fair market value (a so-called “short  [**4] sale”) with third party financing. Plaintiff refused to consider a loan modification utilizing any more than 25% of the income of Plaintiff’s husband and daughter (both of whom reside in the premises with her), the excuse being that “We can’t control what non-obligors do with their money” (the logical follow up to this statement is how does the bank control what the obligor does with her money?). The Court found IndyMac’s position to be deeply troubling, especially since a plethora of sub-prime loans in this County’s Foreclosure Conference Part have been successfully modified with the lender’s reliance upon the income of non-obligors who reside in the premises under foreclosure. The Plaintiff also summarily rejected an offer by both Plaintiff’s husband and daughter to voluntarily obligate themselves for payment upon the full indebtedness, thus committing their individual incomes expressly to the purpose of a loan modification. It should be noted here that Defendant did not even request any waiver or “forgiveness” of the indebtedness aside from some tinkering with the interest rate, just a modification of terms so as to enable her to repay the same. It was evident from Ms. Dickinson’s  [**5] opprobrious demeanor and condescending attitude that no proffer by Defendant (short of consent to foreclosure and ejectment of Defendant and her family) would be acceptable to Plaintiff. Even a final and desperate offer of a deed in lieu of foreclosure was met with bland equivocation. In short, each and every proposal by Defendant, no matter how reasonable, was soundly rebuffed by Plaintiff. Viewed objectively, it is apparent that Plaintiff’s conduct in this matter falls within the definitions set forth in 22 NYCRR § 130-1.1(c)(2), which might well warrant the imposition of monetary sanctions.

On the Court’s own motion, a hearing was held on November 18, 2009 in order to explore the issues herein. At the hearing, Ms. Dickinson appeared as well as Mr. Horoski. IndyMac claimed a balance due, as of September 22, 2009 of $ 527,437.73 which included an escrow overdraft of $ 46,627.88 for taxes advanced since the date of default but did not include attorney’s fees and costs.. Plaintiff was unable to tell the Court the amount of the principal  [*3] balance owed. Mr. Horoski advised the Court that according to two letters received from Plaintiff, the principal balance was said to be $ 285,381.70  [**6] as of February 9, 2009 and $ 283,992.48 as of August 10, 2009. Plaintiff stated was that Defendant must have made payments though it was conceded that in fact no payment had been made. Plaintiff insisted that it had remained in regular contact with Defendant in an effort to reach an amicable resolution, that it had extended two modification offers to Defendant which she did not accept and further, that due to her financial status she was not qualified for any modification, even under the Federal HAMP guidelines. Plaintiff denied that it had “singled out” Defendants, simply stating that her status was such that she fell outside applicable guidelines. All of these assertions were disputed by Defendant.

That having been said, the Court is greatly disturbed by Plaintiff’s assertions of the amount claimed to be due from Defendant. The Referee’s Report dated June 30, 2008, which has its genesis in a sworn affidavit by a representative of Plaintiff (presumably one with knowledge of the account), reflects a total amount due and owing of $ 392,983.42. The principal balance is reported to be $ 290,687.85 with interest computed at the rates of 10.375% from November 1, 2005 through August 31, 2006  [**7] ($ 25,118.62), 12.50% from September 1, 2006 to February 28, 2007 ($ 18,018.66), 12.375% from March 1, 2007 to March 31, 2008 ($ 39,126.39) and 11.375% from April 1, 2008 to June 24, 2008 ($ 7,700.24) totalling $ 89,963.91. Plaintiff also claims $ 20.00 in non-sufficient funds charges, $ 295.00 in property inspection fees and $ 12,016.66 for tax and insurance advances. The Judgment of Foreclosure & Sale dated January 12, 2009 was granted in the amount of $ 392,983.42 with interest at the contract rate from June 24, 2008 through January 12, 2009 and at the statutory rate thereafter plus attorney’s fees of $ 2,300.00 and a bill of costs in the amount of $ 1,705.00. Even computing the accrual of pre-judgment interest of $ 18,299.18 (using Plaintiff’s per diem rate in the Referee’s Report) together with post-judgment interest at a statutory 9% through November 19, 2009 (an additional $ 31,740.90), the application of simple addition yields a total amount due of $ 447,028.50. This figure is $ 80,409.23 less than the $ 527,437.73 asserted by Plaintiff to be due and owing from Defendant. The Court is astounded that Plaintiff now claims to be owed an escrow advance amount of $ 46,627.88 when,  [**8] under oath, its officer swore that as of June 24, 2008 that amount was actually $ 34,611.22 less. Moreover, it now appears that the elusive principal balance is either $ 290,687.85, $ 285,381.70 or $ 283,992.48.

It is the province and indeed the obligation of the trial court to assess and to determine issues regarding credibility, Morgan v. McCaffrey ,14 AD3d 670, 789 N.Y.S.2d 274 (2nd Dept. 2005). In the matter before the Court, the pendulum of credibility swings heavily in favor of Defendant. When the conduct of Plaintiff in this proceeding is viewed in its entirety, it compels the Court to invoke the ancient and venerable principle of “Falsus in uno, falsus in omni” (Latin; “false in one, false in all”) upon Defendant which, after review, is wholly appropriate in the context presented, Deering v. Metcalf 74 NY 501 (1878). Regrettably, the Court has been unable to find even so much as a scintilla of good faith on the part of Plaintiff. Plaintiff comes before this Court with unclean hands yet has the insufferable temerity to demand equitable relief against Defendant.

The Court, over the course of some six substantive appearances in seven months, has been afforded more than ample opportunity to assess  [**9] the demeanor, credibility and general state  [*4] of relevant affairs of Defendant and Plaintiff. Although not actually relevant to the disposition of this matter, the Court is constrained to note that Defendant is afflicted with multiple health problems which outwardly manifest in her experiencing great difficulty in ambulation, necessitating the use of mechanical supports. Moreover, Defendant’s husband, Mr. Gregory Horoski, suffers from a myriad of serious medical conditions which greatly impede most aspects of his daily existence. Nonetheless, both of these persons, together with their adult daughter who resides with them and who is substantially and gainfully employed, receive income which they are more than willing to commit, in good faith, toward repayment of the debt to Plaintiff and indeed, despite their physical challenges, they have appeared at each and every scheduled conference before this Court. At each appearance, they have assiduously attempted to resolve this controversy in an amicable fashion, only to be callously and arbitrarily turned away by Plaintiff. This has been so even in spite of the Court’s continuing albeit futile endeavors at brokering a settlement.

As a relevant  [**10] aside, the scenario presented here raises the specter of a much greater social problem, that of housing those persons whose homes are foreclosed and who are thereafter dispossessed. It is certainly no secret that Suffolk County is in the yawning abyss of a deep mortgage and housing crisis with foreclosure filings at a record high rate and a corresponding paucity of emergency housing. While foreclosure and its attendant eviction are clearly the inevitable (and in some cases, proper) result in a number of these situations, the Court is persuaded that this need not be the case here. In this matter, Defendant is plainly willing to make arrangements for repayment and both her husband and daughter are likewise willing to allocate their respective incomes in order to reach the same end. Were Plaintiff amenable, she would presumably continue to maintain the property’s physical plant, pay taxes thereon and the property would retain or perhaps increase its market value. Plaintiff would receive a regular income stream, albeit with a reduced rate of interest and without sustaining a loss of several hundred thousand dollars. In addition, no neighborhood blight would occur from the boarding of the  [**11] property after foreclosure which would, in turn, avert problems of litter, dumping, vagrancy and vandalism as well as a corresponding decline in the property values in the immediate area. In short, a loan modification would result in a proverbial “win-win” for all parties involved. To do otherwise would result in virtually certain undomiciled status for two physically unhealthy persons and their daughter, leading to an additional level of problems, both for them and for society.

Since an action claiming foreclosure of a mortgage is one sounding in equity, Jamaica Savings Bank v. M.S. Investing Co., 274 NY 215, 8 N.E.2d 493 (1937), the very commencement of the action by Plaintiff invokes the Court’s equity jurisdiction. While it must be noted that the formal distinctions between an action at law and a suit in equity have long since been abolished in New York (see CPLR 103, Field Code Of 1848 §§ 2, 3, 4, 69), the Supreme Court nevertheless has equity jurisdiction and distinct rules regarding equity are still extant, Carroll v. Bullock, 207 NY 567, 101 NE 438 (1913). Speaking generally and broadly, it is settled law that “Stability of contract obligations must not be undermined by judicial sympathy…” Graf v. Hope Building Corporation 254 NY 1, 171 N.E. 884 (1930).  [**12] However, it is true with equal force and effect that equity must not and cannot slavishly and blindly follow the law, Hedges v. Dixon County, 150 U.S. 182, 192, 14 S. Ct. 71, 37 L. Ed. 1044 (1893). Moreover, as succinctly decreed by our Court of Appeals in the matter of Noyes v. Anderson, 124 NY 175, 26 N.E. 316 (1890) [*5] “A party having a legal right shall not be permitted to avail himself of it for the purposes of injustice or oppression…” 124 NY at 179.

In the matter of Eastman Kodak Co. v. Schwartz 133 NYS2d 908 (Sup. Ct., New York County, 1954), Special Term stated that “The maxim of “clean hands” fundamentally was conceived in equity jurisprudence to refuse to lend its aid in any manner to one seeking its active interposition who has been guilty of unlawful, unconscionable or inequitable conduct in the matter with relation to which he seeks relief.” 133 NYS2d at 925, citing First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co. 98 F 2d 416 (8th Cir. 1938), cert. denied 305 U.S. 650, 59 S. Ct. 243, 83 L. Ed. 420 (1938), reh. denied 305 U.S. 676, 59 S. Ct. 356 83 L. Ed. 437 (1939)General Excavator Co. v. Keystone Driller Co. 64 F.2d 39 (6th Cir. 1933), cert. granted 289 U.S. 721, 298 U.S. 721, 53 S. Ct. 791, 77 L. Ed. 1472 (1933), aff’d  [**13] 290 U.S. 240, 54 S. Ct. 146, 78 L. Ed. 293, 1934 Dec. Comm’r Pat. 639 (1934).

In attempting to arrive at a determination as to whether or not equity should properly intervene in this matter so as to permit foreclosure of the mortgage, the Court is required to look at the situation in toto, giving due and careful consideration as to whether the remedy sought by Plaintiff would be repugnant to the public interest when seen from the point of view of public morality, see, for example, 55 NY Jur. Equity § 113Molinas v. Podoloff 133 N.Y.S.2d 743 (Sup. Ct., New York County, 1954). Equitable relief will not lie in favor of one who acts in a manner which is shocking to the conscience, Duggan v. Platz, 238 AD 197, 264 NYS 403 (3rd Dept. 1933), mod. on other grounds 263 NY 505, 189 NE 566 (1934), neither will equity be available to one who acts in a manner that is oppressive or unjust or whose conduct is sufficiently egregious so as to prohibit the party from asserting its legal rights against a defaulting adversary, In re Foreclosure of Tax Liens,117 NYS2d 725 (Sup. Ct. Kings County, 1952), aff’d on other grounds 286 A.D. 1027, 145 N.Y.S.2d 97 (2nd Dept. 1955), mod. on other grounds on reargument 1 AD2d 95, 148 NYS2d 173 (2nd Dept. 1955),  [**14] appeal granted 1 A.D.2d 784, 149 N.Y.S.2d 227 (2nd Dept. 1956). The compass by which the questioned conduct must be measured is a moral one and the acts complained of (those that are sufficient so as to prevent equity’s intervention) need not be criminal nor actionable at law but must merely be willful and unconscionable or be of such a nature that honest and fair minded folk would roundly denounce such actions as being morally and ethically wrong, Pecorella v. Greater Buffalo Press Inc., 107 A.D.2d 1064, 486 N.Y.S.2d 562 (4th Dept. 1985). Thus, where a party acts in a manner that is offensive to good conscience and justice, he will be completely without recourse in a court of equity, regardless of what his legal rights may be, Eastman Kodak Co. v. Schwartz 133 NYS2d 908 (Sup. Ct., New York County, 1954)York v. Searles 97 AD 331, 90 NYS 37 (2nd Dept. 1904), aff’d 189 NY 573, 82 NE 1134 (1907).

An objective and painstaking examination of the totality of the facts and circumstances herein leads this Court to the inescapable conclusion that the affirmative conduct exhibited by Plaintiff at least since February 24, 2009 (and perhaps earlier) has been and is inequitable, unconscionable, vexatious [**15] and opprobrious. The Court is constrained, solely as a result of Plaintiff’s affirmative acts, to conclude that Plaintiff’s conduct is wholly unsupportable at law or in equity, greatly egregious and so completely devoid of good faith that equity cannot be permitted to intervene on its behalf. Indeed, Plaintiff’s actions toward Defendant in this matter have been harsh, repugnant, shocking and repulsive to the extent that it must be appropriately [*6] sanctioned so as to deter it from imposing further mortifying abuse against Defendant. The Court cannot be assured that Plaintiff will not repeat this course of conduct if this action is merely dismissed and hence, dismissal standing alone is not a reasonable option. Likewise, the imposition of monetary sanctions under 22 NYCRR § 130-1.1 et. seq. is not likely to have a salubrious or remedial effect on these proceedings and certainly would not inure to Defendant’s benefit. This Court is of the opinion that cancellation of the indebtedness and discharge of the mortgage, when taken together, constitute the appropriate equitable disposition under the unique facts and circumstances presented herein.

After careful consideration, it is the determination  [**16] of this Court that the indebtedness evidenced by the Adjustable Rate Note dated August 4, 2004 in the original principal amount of $ 292,500.00 made by Diana J. Yano-Horoski in favor of IndyMac Bank F.S.B. should be cancelled, voided and set aside. In addition, the Mortgage which secures the Adjustable Rate Note, given to Mortgage Electronic Registration Systems Inc. As Nominee For IndyMac Bank F.S.B. dated August 4, 2004 and recorded with the Clerk of Suffolk County on August 16, 2004 in Liber 20826 of Mortgages at Page 285, as assigned by Assignment recorded with the Clerk of Suffolk County in Liber 21273 of Mortgages at Page 808 should be cancelled and discharged of record. Further, Plaintiff, its successors and assigns should be forever barred and prohibited from any action to collect upon the Adjustable Rate Note. In addition, the Judgment of Foreclosure & Sale granted on January 12, 2009 and entered on January 23, 2009 should be vacated and set aside and the Notice of Pendency should be cancelled and discharged of record. For this Court to decree anything less than the foregoing would be for the Court to be wholly derelict in the performance of its obligations.

Upon the Court’s  [**17] own motion, it is

ORDERED that the Adjustable Rate Note in the amount of $ 292,500.00 dated August 4, 2004 made by Diana J. Yano-Horoski in favor of IndyMac Bank F.S.B. shall be and the same is hereby cancelled, voided, avoided, nullified, set aside and is of no further force and effect; and it is further

ORDERED that the Mortgage in the amount of $ 292,500.00 which secures said Adjustable Rate Note given by Diana J. Yano-Horoski to Mortgage Electronic Registration Systems Inc. As Nominee For IndyMac Bank F.S.B. dated August 4, 2004 and recorded with the Clerk of Suffolk County on August 16, 2004 in Liber 20826 of Mortgages as Page 285, as assigned to IndyMac Bank F.S.B. by Assignment recorded with the Clerk of Suffolk County in Liber 21273 of Mortgages at Page 808 shall be and the same is hereby vacated, cancelled, released and discharged of record; and it is further

ORDERED that the Plaintiff, its successors and assigns are hereby barred, prohibited and foreclosed from attempting, in any manner, directly or indirectly, to enforce any provision of the  [*7] aforesaid Adjustable Rate Note and Mortgage or any portion thereof as against Defendant, her heirs or successors; and it is further

ORDERED  [**18] that the Judgment of Foreclosure & Sale granted under this index number on January 12, 2009 and entered in the Office of the Clerk of Suffolk County on January 23, 2009 shall be and the same is hereby vacated and set aside; and it is further

ORDERED that the Notice of Pendency filed with the Clerk of Suffolk County on July 27, 2005 under sequence no. 172456, which was extended by Order dated September 2, 2008 shall be and the same is hereby cancelled, vacated and set aside; and it is further

ORDERED that the Notice of Pendency filed with the Clerk of Suffolk County on August 29, 2008 under sequence no. 199616, shall be and the same is hereby cancelled, vacated and set aside; and it is further

ORDERED that the Clerk of Suffolk County shall cause a copy of this Order & Judgment to be filed in the Land Records so as to effectuate of record each and every one of the provisions hereinabove set forth with respect to cancellation of the instruments and items of record; and it is further

ORDERED that Plaintiff shall pay to the Clerk of Suffolk County, within ten (10) days from the date of entry hereof, any and all fees and costs required to effect cancellation of record of the Mortgage, Notices  [**19] of Pendency and any other fees so levied; and it is further

ORDERED that within ten (10) days of the date of entry hereof, Plaintiff’s counsel shall serve a copy of this Order upon the Clerk of Suffolk County and the Defendant.

This shall constitute the Decision, Judgment and Order of this Court.

Dated: November 19, 2009 Riverhead, New York ENTER:   JEFFREY ARLEN SPINNER Click for Enhanced Coverage Linking Searches, J.S.C.