US Bank v Ibanez, Wells Fargo Bank v Larace – Appellees & Appellants Briefs to SJC

as trustee for ABFC 2005-OPT1 Trust, ABFC Asset Backed Certificates Series 2005-OPT1,

Plaintiff, 08 MISC 386755 (KCL)



as trustee for the
Structured Asset Securities Corporation Mortgage Pass-Though Certificates, Series 2006-Z,

Plaintiff, 08 MISC 384283 (KCL)



Judge Long’s Massachusetts Land Court Cases on Appeal to the SJC

This is a very important case with enormous ramifications for all law abiding citizens whose rights are being trampled upon by the Banksters.  Never have the prophetic words of Thomas Jefferson ever been so true:

“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.”

– Thomas Jefferson, Letter to Treasury Secretary Albert Gallatin (1802)



US Bank v Ibanez, Wells Fargo Bank v Larace – Appellants
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US Bank v Ibanez, Wells Fargo Bank v Larace – Appellees Brief
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ORIGINAL SOURCE OF BRIEFS: Massachusetts Real Estate Law Blog

5 Responses to “US Bank v Ibanez, Wells Fargo Bank v Larace – Appellees & Appellants Briefs to SJC”
  1. jessica lewis says:

    Are there any lawyers in pa, who deal with similar cases like ibanez and larace?

  2. It was brought to my attention, that a post here resluted in donations to Ms. McDonnell’s request for help with the defrayment of the LaRace family’s printing costs of their Appellee Brief.

    I wish to state that words cannot adequately express my, and my clients’, gratitude for the generosity shown by those who contributed to this effort. Make no mistake, the forclosure issue we all face today is the most significant issue that any of us have faced in our liftime, along with its direct effect in placing this country in a second and even worse great depression . Almost everyone in America is only one financial set back away from becoming embroiled in the foreclosure nightmare.

    I have been referred to as a “one man band” in my battle against the Banking industry. However. I wish to assure those that derisively classify me as such, that while it may appear that I only represent a solitary voice, in actuality I am a conduit for the collective symphony of ideas that all of us have contributed to this effort. All of your voices will be heard through mine.

    I am also posting here to inform the person who authors this Blog, that the Brief posted for the Ibanez family was submitted strictly for that case only. The LaRace Brief has not been posted here yet,

    Once again,on behalf of the LaRace family

    Thank you

  3. Ken dost says:

    Dear Senators and Representatives,

    Oregon has the distinction of now ranking third in the nation for the number of foreclosures at over 22,000. There is every reason to expect this number to explode even higher. A few of you know of my efforts over the past few years to protect the theft of our home, which still continues to this day.

    It is time to be realistic and face the issue head on, not in a conciliatory manner as some of your peers have. These attempts have been futile and a waste of time. I was appalled over a senatorial bill that passed a year or so ago that was just this: conciliatory. It was no wonder why this came to be, the campaign financing records indicating an average of $20,000 from financial interests into the coffers of each of the committee members.

    The fact of the matter is that there exists a preponderance of evidence supported by several other state court rulings that prove the existence of mass fraud. All one needs to do is crack the door of MERS and peer beyond. Unfortunately, Oregon supports the nonjudicial method of foreclosure or put differently rubber stamping them through.

    This presents a potential problem for the state of Oregon at some point in the near future should it continue to lack in its efforts to find an effective solution. Oregon, as I see it is in violation of my Constitutional right to due process in supporting the illegal seizure of homes. It is only a matter of time before a coalition of people in similar straits come together and file suit with the ACLU against the state of Oregon.

    This is not something that this state needs in times of budget shortfalls.

    Oregon can rise above and set a tone for other states to follow should it take drastic action in the name of justice and its citizens; PLACE A MORATORIUM ON ALL FORECLOSURES. Not only is this justified by other state rulings, but also in the 2009 Supreme Court ruling in Cuomo v Clearinghouse Association in which it said that the OCC overstepped its bounds enforcing a policy that was contrary to Congress’ intent.

    This ruling clears the path for state officials to prosecute and enforce their states civil rights and consumer protection laws that prior had been preempted by the OCC.

    Please stand up for the thousands that have been destroyed by predatory and the fraudulent schemes.

    I am available to speak with and present dozens of prevailing lawsuits and a host of evidence.

    Thank you

    Ken Dost


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