Join us today at 12pm est as we go live on the air with Joann M. Hennessey, Property Law Today…
RADIO SHOW
Joann is the Host on Property Law Today, which airs every Sunday from 12-1pm on WDJA 1420 in the Palm Beachs. Listen on the internet at www.powertalk1420.com
UPDATE: Call in number is 561-265-2121.
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@ivent….I very open minded to others opinions. I’m part Native American Indian. The Government stole all lands many moons ago. Deja vu
Yes they did steal your land. Now because of rampant treasonist Government corruption the U.N. holds all of the land in America in fee simple and the U.N is really just a front for the SMOM/VATICAN/JESUIT NWO. We are all really living in the revived roman empire. They are an imperialist Oligarchy facsist dictatorship bunch of secret societies that are trying to destroy and bankrupt America using Nazi tactics ala Nietszshe. CORRUPTION=DESTRUCTION.
The American people are continuously being told the lie that we are broke and our Government is clearly trying to force us, the private sector to “fix” the financial problems that were born out of corruption and greed. Where did the money go? Did it evaporate? No, we were robbed America and this is the direct result of rampant corruption. A broken system that is trying to force the American people to give up their freedom by forcing us all to pay with our homes by fraudclosures, assaults on the unions, hyper -taxation, hyper-inflation of everything imaginable, with a devalued currency and a horrible low paying almost non-existant jobs market. They are doing this to the American people instead of forcing the criminals who caused it to happen to be held accountable for the intentional theft of our wealth and force them to return our stolen wealth. Our Government just keeps on kicking the can down the road by printing more fiat currency and creating more new debt to prop up the criminals. They are blatantly aiding and abetting the same criminal enterprise who intentionally caused this manufactured crisis by continuing to aid them in the cover-up, rob and pillage our communities of homes they do not own and then reward themselves with huge bonuses for their ongoing criminal terrorism of the American people. It is time to start filing lawsuits America against the corrupt crooks who are clearly being aided and abetted by our own corrupt politicians and their own political appointments such as Bernanke and Geithner to oppress the people and force us to pay for their robbery of our wealth. Could all of this be any more outrageous?
The government continues to create ‘offices’ to police privately held agencies and business, YET the government continues to delay start-up of almost everyone of these new endeavors due to a lack of funds…might that be because the VERY business’ we need to police have more money and power than the government does…Hence and because these business’ (many of which work hand-in-glove; I include many government entities in this scenario) KNOW this, the fear of sanctions, accountability, fines, criminal counts etc, etc, etc are just fodder for the corporate board rooms?
WHAT has become of America??? WHAT is America??? Certainly not a country run by the people for the people…it is a country run by a Select Few for a select few…most everyone including the Select Few want to live here and want to enjoy the short time they are here on earth, BUT the Select Few continue to make rules that benefit only them and hence the Majority of Americans, hard working as they might be…even those who before the financial break-down assumed they were secure financially must now acknowledge that they are just an after-thought of the Select Few…without the Select Few dispensing money toward small business growth the Majority have nothing…no jobs, no possessions. NOTHING. But the Select Few continue on their quest for EVERYTHING, buying up the damaged dreams and scattered remains of the Majority at flea market prices and when the time suits the Select Few they auction off those same goods to themselves, their co-conspirators or to a section of the Majority that is attempting to become a member of the Select Few. The Majority will struggle to maintain their dignity and spend the remainder of their years trying to assimilate what they did to deserve such disrespect.
Unfortunately I don’t know what the answer is to all of the above…I mean the Majority could get angry, REALLY angry that they have been and continue to be taken advantage of but in the end I believe it is absurd to think that anything different will happen…WHY???? Because the Majority still wants to believe in the ‘system’…the Majority still want to believe that the people they elect are working FOR them, but they aren’t…the Majority still want to believe that the Judicial System is working for them…that corruption and fraud would be found criminal…but it isn’t for the Select Few…
In the end, the Majority is forced to wait and see what the Select Few has in store for them…
I can say this and know it is so, because on top of all that has already transpired lays another ‘hit’ poised to eliminate any remaining dignity to the Majority…the EASY political money is swiftly returning as a result of the Supreme Court’s blessing of anything-goes corporate donors in the Citizens United decision…you know…the new corporate money ‘slight-of-hand’ legitimized by the Supreme Court, voted in to kill off public financing for presidential elections. Sadly, it appears that America is a severely corrupt country run by “the Select Few – monied puppeteers and their trained lobbyists”, not a country run by the people for the people.
Just listened and phoned in to talk radio WDJA.
Great comments and hope this will encourage everyone -whether they are in foreclosure or not this DOES
and should cause great concern to every citizen of the United States.
I was fortunate enough to be the last caller-requesting info on Bifurcation-(seperation of Note & Mortgage)
I learned of Bifurcation from watching CSPAN video hearings of House of Reps. Committee on the Judiciary titled “Causes & Effects of the Foreclosure Crisis”-testimony of Judge Dana Winslow. She presented a case example of Husband & Wife-SIGNED NOTE but NOT MORTGAGE. (my question? does this apply to those unmarried ?)
Here is the quote, it can also be found on Scribd 3.2. -3.5.2 &3.5.2.1. “Wife signed Mortgage but not Note.
” I held the Plaintiff Mortgagee must provide at a minimum , an explanation, without such explanation there would be DISMISSAL. Demonstrates DUAL PROBLEM:
First there is no conformity with the Recording Act. (Mortgage does not match the underlying debt obligation); and second, it allows the Lender to issue Mortgages with knowledge that one of the “homeowners” is not credit worthy, and to show overstated income or payment requirements on the closing statement of the loan.
end of quote…..
There is also a Step by Step detailed diagram of MORTGAGE & NOTE BIFURCATION. Jumping to Step 4: MERS split the Mortgage from the Note two times by using FALSE ASSIGNMENTS as nominee. The Note Holder CANNOT FORECLOSE-BIFURCATION CANCELS THE NOTE. it also cites Bellistri v Ocwen Loan Servicing MO AP 20100309
……I also made a modest donation we need all the help we can get. If you cannot hop on the Rally to Tally bus
please arrange your own caravan or DONATE DONATE DONATE
Catherine, could you please help me locate that case on Scribd? I tried to find it with the info you posted here, but get no search results. This might help my case, as my husband passed away and only he signed the note. I was required to sign the mortgage. I would like to read the judge’s comments about this situation. It was not a matter of my having bad credit, I didn’t, but I still did not sign the note.
to ZOE: I wish I could answer or help you find the answers to your question.
I too have problems using the search on Scribd. and CSPAN. You have to just keep trying and eventually you will get results.
To go directly to the Bifurcation chart example, used in the Bellistri v Owen Loan Servicing MO AP 20100309 case try this URL;
http://land-rights.com/images/bifurcation.jpg
I cannot get you a direct link to this video hearing, If I can locate it again I will post it.
try searching on CSPAN > House of Reps.> COMMITTEE on the JUDICIARY FORECLOSED JUSTICE.
Titled “Causes and effects of Foreclosure Crisis”
or SCRIBD try Supreme Court Justice Dana Winslow. This was dated December 2010
Dana Winslow – a NY Supreme Court Justice 14 years-there was a number by her name 101202
I’m not an attorney or professional…just an ordinary “deadbeat” homeowner fighting for my rights.
Zoe I located the transcript here is a link for you;
http://www.scribd.com/doc/44593776/winslow101202
Catherine,
I am in the same situation as ZOE.
I signed the note but my wife didn’t. We both signed the mortgage. I can’t get your post about this to come up. Please help me as you do ZOE.
Thanks,
John
john,
I hope you can use the link to the Bifurcation Chart that I posted to ZOE
it is;
http://land-rights.com/images/bifurcation.jpg
Catherine and John, I found the transcript of the congressional hearing. It had no more details than what you posted in your quote. I was hoping to find more of her actual case to find out more about how the mortgage is affected if the wife doesn’t sign the note. I will keep searching and share if I find anything interesting about that. The one good part is, according to my attorney, my credit is not involved. At least, not until a public record of foreclosure is added. I am fighting tooth and nail to stop that. Not that I want any credit ever again, but I don’t want to pay higher insurance rates, lose out on a job, or anything like that, because of bad credit.
I am not giving up on finding the actual case she mentioned. It’s public record. “somewhere.” I’m just not sure how to find it. It would be helpful to know why Judge Winslow said the wife’s not signing was grounds for dismissal.
As far as the bifurcation, most states adhere to the “mortgage follows the note” trail. In my state, the judge says it’s impossible to split a note and mortgage, and that means the MERS assignments are of no effect. The judge elaborated no further as to where that leaves the home held as collateral by the mortgage–and the original lender is already paid. In the case before the judge, there was no need to go further with the MERS issue, as the case was reversed based on the lack of standing involving improper indorsements of the note.
NATIONAL BANKS ARE WOLVES IN SHEEPS CLOTHING. They claim that they are private corporations but d In Easton v. Iowa,188 U.S.220 (1903) the Court said of national banks:
…we cannot concur in the suggestions that national banks, in respect to the powers conferred upon them, are to be viewed as solely organized and operated for private gain.
The Court in Easton went on to say at p. 230 that the principles enunciated in McCullough v Maryland, 17 U.S. 316(1819), and in Osborn v Bank of United States, 22 U.S.738 (1824), though expressed in respect to banks incorporated directly by acts of Congress, were still applicable to the later and present system of national banks. The Court cited with approval the holding of the latter as expressed by Chief Justice Marshall:
The bank is not considered as a private corporation whose principal object is individual trade and individual profit, but as a public corporation created for public and national purposes. That the mere business of banking is, in its own nature, a private business, and may be carried on by individuals or companies having no political connection with the government, is admitted, but the bank is not such an individual or company. It was not created for its own sake or for private purposes. It has never been supposed that Congress could create such a corporation.[bold and italics added]
Moreover national banks have subsidiaries to do their dirty work like Citimortgage.
CITIMORTGAGE is an “operating subsidiary” of CITIBANK. As an “operating subsidiary” the OCC has treated operating subsidiaries as an “incorporated division or department of the parent bank”.(See attached)
On January 16th, 2003, Julie I. Williams (The OCC’s Chief Counsel) sent an interpretive letter(#971) to Reginald S. Evans, explaining the OCC’s position:
…Because the activities of an operating subsidiary are limited to activities in which the parent bank could engage directly, an operating subsidiary is in practice a separately incorporated division or department of the parent bank.”[bold added]
Being a separately incorporated division or department of the parent bank is inconsistent with CITIMORTGAGE being a separate entity from its parent corporation CITIBANK. CITIMORTGAGE is in effect an instrumentality of CITIBANK by which CITIBANK conducts “the business of banking”. 24(SEVENTH)
Moreover, a review of the regulations 12 cfr 534 et seq reveals more of the nature of the relationship between CITIMORTGAGE as a subsidiary, and CITIBANK as the parent corporation.
(c) Scope. This section sets forth authorized activities and application or notice procedures for national banks engaging in activities through an operating subsidiary.
(e) Standards and requirements —(1) Authorized activities. A national bank may conduct in an operating subsidiary activities that are permissible for a national bank to engage in directly either as part of, or incidental to, the business of banking, as determined by the OCC, or otherwise under other statutory authority, including:
(A) The bank has the ability to control the management and operations of the subsidiary;[bold and underline added]
(B) The parent bank owns and controls more than 50 percent of the voting (or similar type of controlling) interest of the operating subsidiary, or the parent bank otherwise controls the operating subsidiary and no other party controls more than 50 percent of the voting (or similar type of controlling) interest of the operating subsidiary; and
(C) The operating subsidiary is consolidated with the bank under Generally Accepted Accounting Principles (GAAP).
(4) Consolidation of figures —(i) National banks. Pertinent book figures of the parent national bank and its operating subsidiary shall be combined for the purpose of applying statutory or regulatory limitations when combination is needed to effect the intent of the statute or regulation, e.g., for purposes of 12 U.S.C. 56, 60, 84, and 371d.
( 3 ) The bank:
( i ) Has the ability to control the management and operations of the subsidiary by holding voting interests sufficient to select the number of directors needed to control the subsidiary’s board and to select and terminate senior management…
A handful of courts have imposed liability on the parent corporation’s ability to control its subsidiary. Thus in Idaho V. Bunker Hill, 647 F. Supp. 1064, 1068. (D.Id.1986) and U.S. V. Nicolet, 857 F.2d 202 federal district courts found that while employees of the parent companies did not actually exercise control over hazardous waste activities, the parent corporations were familiar with the practices and had power to control both the disposal and resulting release of the hazardous substances as well as the ability to abate the contamination. The United States Court of Appeals for the Eleventh Circuit ruled that degree of control required to impose operator liability on a parent depended on whether the parent was involved in the same business as the subsidiary. Jacksonville Electric Authority v. Bernuth Corp , 996 F.2d 1107 (11th Cir.1993). Even though CITIBANK didn’t foreclose on plaintiffs directly, CITIBANK was familiar with the practice and ability to constrain the practice of foreclosure by CITIMORTGAGE and was engaged in the same business.
Yes, they are one giant cabal and completely corrupt from top to botttom and every where in between. We must not be fooled by different names for different criminal enterprises likes banks/mortgage servicers/Fannie/Freddie/The Fed/the Treasury/ Goldman Saks/AIG/ the World Bank/ the U.N./the CIA/Big Oil/Big Pharma/GM, FORD AND CHRYSLER/the War Machine and Wall Street being percieved as different entitiies. They are all part of the new world order and their final solution to own and control and micromanage everyone and everything. They are very deceptive about what they do. Remember black is white and Order by Chaos. They are all really one giant Imperialist Oligarchy and are quickly becoming a fascist dictatorship completely intent on destroying America and bringing it to it’s knees. They want a land of proles controlled by facsist dictators A/K/A George Orwell’s 1984.Wake up America.
To: I vent:
hope you will be on the RALLY TO TALLY BUS or have arranged your on transportation or caravan of folks. You post here numerous times on a daily basis. Speak out in Tally !
You can also speak loudly with making $ donations $ or perhaps your input could offer solutions rather than just conspiracy theories. (which are probably true but harder to prove than FRAUD)
Be sure to tell them as Senator Waters has-20 Billion in fines is chump change compared to TRILLIONS the banks have illegally profited.
Conspiracies are meant to confuse and deceive and make the messenger look crazy. It is kind of like a giant mystery novel full of dots to connect but we all really have to connect our own dots. People can google the words or go to you tube and search for themselves the words I post in my comments and connect the dots for themselves. There are also many books. What they will find I think will be extremely shocking to say the least. Just because a conspiracy sounds a bit far fetched or even extremely far fetched like the Rolling Stone article about the army using psy-ops on our own Senator’s to produce the outcome they wanted, does not make it just another crazy conspiracy theory that is totally beyond the realm of possibility. They love to shoot the messenger and either say they are a criminal like Julian Assange or they are crazy nut jobs. They are the pot calling the kettle black. Remember these people like to use the black is white and the right,left paradigm to make us look and feel crazy and want us to think we have the power to fix the problems by voting..Voting is one of the more clever deceptions they use to make us think we elect politicians, it is all a rigged game. Like they wanted the American people to believe we caused the financial crisis because we all bought homes we could not afford and America is broke when the whole crisis was manufactured by the elite and we the people were set up to fail and then robbed by these very people aided and abetted by our own Government and in many cases hung out to dry because of the rampant corruption in America.. The American people have been really gullible and trusted the Government was always working in the best interest of the people . That is now painfully clear that that has not been the case for many years our own Government has been corruupted by secret societies who having been using our own politicians left and right, to chip away at our freedom. We have all been fed a steady diet of lies for decades and now some are realizing that we are all now living those lies. The reason for that is partly because people did not want to believe those crazy conspiracy theorists and just never took the time to verlfy anything they did or we did. We did not take Ronald Reagan’s advice which was a great piece of advice even if he was also part of the cabal: “Trust but Verify”.
@Catherine McManus: What are some of your suggestions for an effective movement across America? I have tried to express ways to effect a change, we have to organize like the hippies and the african americansof the 60’s did, they got the job done in part through community organizing, stop believing the lies, do not vote for any of them, Nationwide tax revolt, fight those fraudclosures, a million homeowner march on Washington, force the break up of the Oligarchy by a run on the banks,giant class action lawsuits and private lawsuits if you can afford to do it, there is plenty of proof of fraud to go around, by not buying what we do not need, assume no new debt burden and live within our means, file personal bankrupcy if neccessary,entrepaneurship, and keep SHARING AND SPREADING THE KNOWLEDGE here and everywhere to anyone who will listen. Your turn.