Foreclosure Fraud – Judge Issues Injunction – Restore America Plan, Could It Be Working?

V K Durham
 

Date: Mon, Jun 7, 2010    
Subject: Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America  

 

Foreclosure Fraud: Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America; Recontrust; Home Loan   http://www.rumormillnews.com/cgi-bin/forum.cgi?noframes;read=175064

We all remember the WTC INCIDENT OF 9/11/01

And on to the 9/12/91 10 year term, or until the American Dollar is Exhausted Illegal Securitization ending on or about 9/11/01 http://www.theantechamber.net/V_K_Durham/More911FinancialTerror.htm

Information Clearing House writes: A Nazi in the (pocket) is worth four in the Bush (family)  

http://www.informationclearinghouse.info/article3255.htm and

By William Bowles  ‘Frauds-R-Us’.The Bush Family Saga Part IIPart I Here.   The Silverado Savings and Loan Scandal 

05/11/03: (Information Clearing House) The savings and loans crashes of the 1980s, themselves directly the result of Reagan’s deregulation of the banking industry, is more interesting because of how it reflects the rapacious nature of unbridled capitalism than of Neil Bush himself. Who by the way, is now embroiled in another scam with his latest venture, educational software, Ignite (turnover $20 million, much of it from educational subsidies obtained in the state of Florida ,where, ‘coincidentally’ of course, his bro Jeb, is governor).

Altogether, it’s been calculated that bailing out the failed S&Ls countrywide cost the US taxpayer around $1.4 trillion!

There are nowhere as many digital sources on the S&L debacle because it predates the Web. Much of it is contained in pages that refer to the numerous scandals and malfeasances of the Bush clan at large.  continues

http://www.informationclearinghouse.info/article3330.htm

comment by VKD: This "Foreclosure Fraud" has been an ongoing battle for Americans since the Neil Bush Silverado Savings and Loan, and Charles Keating's Five S&L frauds of the 1980's.   The BUSH BOYZ indulged in the "securitizing" of American's Properties such as Certificates of Deposit, Title Insurance, Homeowners Insurance Policies, Life Insurance Policies etc., associated with those S&L Loans which were 'sold off before the ink was dry to European Banking' which some were facilitated by UNION BANK a Bush Family Associated Banks. Borrowers attempted to pay the mortages.. THERE WAS NO WHERE TO PAY THE MORTGAGES the Mortgages were NOT OF RECORD at the 'lender's office.'

   Foreclosure Proceedings were filed immediately in the County Records.. 2.4 million farms were lost, near 100 million families were forced out of their homes by Courts who's Judge's on the Bench refused to recognize the Constitutional Real Property Laws and HOMESTEAD LAWS. 

The Courts alleged they were forced to adjudicate pursuant to the Laws of treaties international agreements other than treaties sections required by the Constitution of the United States Article VI.  which reads: 

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding." http://www.senate.gov/civics/constitution_item/constitution.htm

Not a single founding father ever had the idea we would have individuals as president's, congressmen/women, judge's, military, etc., occupying Offices of Public Trust who would twist the SUPREME LAW into a state of confusion with Rules and Regulations, Public Laws, Executive Orders which 'sell off and privatize tax payer's Infra-Structure' which is "Securitized by lands and homes and even business".. 

The Founding Fathers did however have the good Common Sense to identify THE SUPREME LAW.. That being the SEVEN ARTICLES of the Constitution-Law for the United States.

What did they do!? one asks..  Well!  Take a look at that ARTICLE VI.  Look at it closely..  What does it say!?

Before you get huffy.. and start getting bitchy.. go pull out your Blacks Law or an old Websters Collegiate or even an old BOUVIER'S LAW DICTIONARY.  Go ahead!  Pull 'em out, dust 'em off.. put your glass's on and look up [a] DEBT or DEBTS, and (b) Engagements..  Your going to learn something this day!

The new federal government assumed the financial obligations of the old government under the Articles of Confederation.

The "supremacy clause" is the most important guarantor of national union.  It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts.

State and federal officials, whether legislative, executive, or judicial, must take an oath to uphold and defend the Constitution.  No religious test, either an avowal or a repudiation of any religious belief, shall ever be required of any public officeholder in the United States.

Now!  Read this again:

Article VI

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States http://www.senate.gov/civics/constitution_item/constitution.htm

DID YOU LEARN ANYTHING?!  Did you learn: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution?

ARTICLE VI. didn't say a damn thing that allows presidents, U.S. House and Senate Members, Judge's on the Bench's of the Courts of WE the People.. to sell off to foreign countries, corporations etc that identified in Executive Order 12803 of president G.H.W. Bush: Executive Order 12803 – Infrastructure Privatization
April 30, 1992

  By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure that the United States achieves the most beneficial economic use of its resources, it is hereby ordered as follows:

Section 1. Definitions. For purposes of this order: (a) "Privatization" means the disposition or transfer of an infrastructure asset, such as by sale or by long-term lease, from a State or local government to a private party.

(b) "Infrastructure asset" means any asset financed in whole or in part by the Federal Government and needed for the functioning of the economy. Examples of such assets include, but are not limited to: roads, tunnels, bridges, electricity supply facilities, mass transit, rail transportation, airports, ports. waterways, water supply facilities, recycling and wastewater. continues at source http://www.presidency.ucsb.edu/ws/index.php?pid=23625

Nor in their wildest dreams did they ever conceive AMERICANS WOULD BE SOLD OFF AND BECOME "SUBJECTS OF THE CROWN OF ENGLAND through the sale of SOCIAL SECURITY.. SEE:  Statutory Instrument 1997 No. 1778. The Social Security (United States of America) Order 1997. © Crown Copyright 1997

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. text continues http://www.theantechamber.net/Mirror/StatutoryInstrument1997.html

 

 

 

 

Keating Five

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Alan Cranston (D-CA)
John Glenn (D-OH)
John McCain (R-AZ)

The Keating Five were five United States Senators accused of corruption in 1989, igniting a major political scandal as part of the larger Savings and Loan crisis of the late 1980s and early 1990s. The five senators, Alan Cranston (Democrat of California), Dennis DeConcini (Democrat of Arizona), John Glenn (Democrat of Ohio), John McCain (Republican of Arizona), and Donald W. Riegle, Jr. (Democrat of Michigan), were accused of improperly intervening in 1987 on behalf of Charles H. Keating, Jr., chairman of the Lincoln Savings and Loan Association, which was the target of a regulatory investigation by the Federal Home Loan Bank Board (FHLBB). The FHLBB subsequently backed off taking action against Lincoln.

Lincoln Savings and Loan collapsed in 1989, at a cost of over $3 billion to the federal government. Some 23,000 Lincoln bondholders were defrauded and many elderly investors lost their life savings. The substantial political contributions that Keating had made to each of the senators, totaling $1.3 million, attracted considerable public and media attention. After a lengthy investigation, the Senate Ethics Committee determined in 1991 that Alan Cranston, Dennis DeConcini, and Donald Riegle had substantially and improperly interfered with the FHLBB in its investigation of Lincoln Savings, with Cranston receiving a formal reprimand. Senators John Glenn and John McCain were cleared of having acted improperly but were criticized for having exercised "poor judgment".

All five of the senators involved served out their terms. Only Glenn and McCain ran for re-election, and they both succeeded. McCain would go on to run for president twice, including being the unsuccessful Republican Party nominee for president in 2008. Continues at source: http://en.wikipedia.org/wiki/Keating_Five

The Philippine Core; OPERATES AS A "MIRROR" CIA CONTRACTOR, contracted to "do banking as U.S. Federal Corporations (Fed. R.). These Corporations were formerly U.S. Federal Corporations, incorporated after CORT CHRISTIE (EX-IRS) researched Corporate Status of the U.S. Corporations, found RUBIN conveniently "forgot" to re-instate the (1) Inter-American Investment Corporation (2) Inter-American Development Bank and (3) The Depository Trust Co. located at 55 Water Street, New York, New York.

The "fraudulent incorporations" of the former U.S. Fed. Govt. "Agency" U.S. Fed. R. and U.S. Foreign Fed. R. Corporations resulted in
[quote]

"SHUFFLING PAWNS ON THE "BIG CONTRACT" CHESS BOARD. FEBRUARY 3, 1998. Page 27, CONTACT: THE PHOENIX PROJECT. (1/29/98 #1. HATONN) EVERYBODY DOES IT.

We have a nice new and interesting game taking place in our own arena of which you might find some interest for self. We had been issued contracts from the Big Contract held by V.K. Durham. You know, that one she tried to give to you-the-people. Now time went by and for security reasons those were PARKED in a corporation called Inter-American Investment Corp. (incorporated properly). How interesting that NOW Mr. Bush's company by the same name (but was never incorporated even though they have in their name, Corp.) have shifted the (so called) assets into their tent. Mr. Rubin of Treasury is on that Board of Directors. Tacky? Well, a bit illegal at the least. Worse, they sucked in a very nice Filipino candidate for President and sold him a sneaky bill of goods, paid him SOME up front with no intention of ever giving him his rightful share—but he bit like a hungry frog on their poison bait. Well, THEY BIT ON MY POISON BAIT. Now, his life is not worth a lead nickel and I wonder if this is "human rights" or getcha first"?
What is there about the contracts? What about the Contracts? We passed out a whole bunch of them and lodged them with every important and related party we could find from the Federal Reserve to the Treasury, IMF to the World Bank, and second copies of same to the leader of each group. We had interchange with Bush (as in personally) and let the whole thing go dormant.
Does it matter? NO! It doesn't matter because Bush used the certificates unlawfully, the contract unlawfully, and THE CONTRACT STILL SUPPLIES FUNDS TO THE IMF AND BANKS ALONG WITH THE SHORING UP OF MARKETS SO THAT EVEN YOURS LOOKS GOOD WHILE CHAOS AND POVERTY/BANKRUPTCY IS WHAT YOU HAVE–REALLY.
I think V.K. might even find this interesting—but why upset her more than what they have already done to her. The last message was, "We will NOT deal with that obnoxious b—- under any circumstances and if she is involved in any way, we will not deal with you." Well, would guess it matters a lot of the tale told by Grandma quite true, but power and force and deading work miracles on the weary (end quote)."

( See:

http://www.phoenixarchives.com/contact/1998/0298/020398.pdf )

The "We will NOT deal with that obnoxious b— under any circumstances and if she is involved in any way, we will not deal with you" statement was published in the CONTACT as statements made by: "Lawrence Summers and Russell Munk (UST) who had offered Rick Martin $200 MILLION DOLLARS FOR THE "FORGED INSTRUMENTS" just to get them out of their hair."  more at http://www.theantechamber.net/V_K_Durham/AbusingTheCodeOfSilence.html

And… the Blackmailing of the Bush Family by the Clinton Operatives began see: http://www.theantechamber.net/Contact/Contact11205/ContactIndex.htm  at that time the young Bush "Dubya" was running around with black eyes.. and we were wondering if it had anything to do with ** What the president is sitting down and shutting up over and doing as he is told can be viewed at http://www.theantechamber.net/V_K_Durham/TexasTwoStep7.html
and Sherman Skolnick hit the nail on the head in GREENSPAN REPORTEDLY BRIBES AND AIDS BUSH IN GOLD SWINDLES at
http://www.skolnickreport.com/greenbribe.html
 
We all remember the horrors of WACO.. recently it was discovered "excessive, misconstruction and abuse of powers" and probable Acts of Treason were committed when  a Clinton Staff Member Dick Morris went public with: Bill Clinton Personally Orchestrated the 1993 Waco, Texas Tragedy.   

I posted the article canadafreepress.com: Dick Morris: Bill Clinton Personally Orchestrated the 1993 Waco, Texas Tragedy http://www.rumormillnews.com/cgi-bin/forum.cgi?noframes;read=174938  then I began connecting the dots on WHO ordered the KIDNAPPING, TORTURE and "Ultimate Murder" of my husband.. I posted that also http://www.rumormillnews.com/cgi-bin/forum.cgi?noframes;read=174995

Under Color of All Law a systematic 'overthrow' of our republics of the United States has been going on and going on through Treaties international agreements other than treaties such as the CONTRA MONEY LAUNDERING TREATY which was incorporated by the CLINTON's Gaia-Ekkers.. http://www.theantechamber.net/VkDocuments/Tias12087/Tias12087Index.html

Now DANG IT!  Get to reading.. so you will know what your bitching about!

 

 
 
 —– Original Message —–

Sent: Sunday, June 06, 2010 2:56 PM
Subject: PASS AROUND: Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America; Recontrust; Home Loan Servicing et al
 

 

Bombshell – Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America; Recontrust; Home Loan Servicing et al

 

Judge James L. Shumate(St. George, UT) June 5, 2010 – A court order issued by Fifth District Court Judge James L. Shumate May 22, 2010 in St. George, Utah has stopped all foreclosure proceedings in the State of Utah by Bank of America Corporation, ; Recontrust Company, N.A; Home Loans Servicing, LP; Bank of America, FSB; www.envisionlawfirm.com. The Court Order if allowed to become permanent will force Bank of America and other mortgage companies with home loans in Utah to adhere to the Utah laws requiring lenders to register in the state and have offices where home owners can negotiate face-to-face with their lenders as the state lawmakers intended (Utah Code ' 57-1-21(1)(a)(i).). Telephone calls by KCSG News for comment to the law office of Bank of America counsel Sean D. Muntz and attorney Amir Shlesinger of Reed Smith, LLP, Los Angeles, CA and Richard Ensor, Esq. of Vantus Law Group, Salt Lake City, UT were not returned.
The lawsuit filed by John Christian Barlow, a former Weber State University student who graduated from Loyola University of Chicago and receive his law degree from one of the most distinguished private a law colleges in the nation, Willamette University founded in 1883 at Salem, Oregon has drawn the ire of the high brow B of A attorney and those on the case in the law firm of Reed Smith, LLP, the 15th largest law firm in the world.
Barlow said Bank of America claims because it’s a national chartered institution, state laws are trumped, or not applicable to the bank. That was before the case was brought before Judge Shumate who read the petition, supporting case history and the state statute asking for an injunctive relief hearing filed by Barlow. The Judge felt so strong about the case before him, he issued the preliminary injunction order without a hearing halting the foreclosure process. The attorney’s for Bank of America promptly filed to move the case to federal court to avoid having to deal with the Judge who is not unaccustomed to high profile cases and has a history of watching out for the “little people” and citizen’s rights.
The legal gamesmanship has begun with the case moved to federal court and Barlow’s motion filed to remand the case to Fifth District Court. Barlow said is only seems fair the Bank be required to play by the rules that every mortgage lender in Utah is required to adhere; Barlow said, “can you imagine the audacity of the Bank of America and other big mortgage lenders that took billions in bailout funds to help resolve the mortgage mess and the financial institutions now are profiting by kicking people out of them homes without due process under the law of the State of Utah.
Barlow said he believes his client’s rights to remedies were taken away from her by faceless lenders who continue to overwhelm home owners and the judicial system with motions and petitions as remedies instead of actually making a good-faith effort in face-to-face negotiations to help homeowners. "The law is clear in Utah," said Barlow, "and Judge Shumate saw it clearly too. Mortgage lender are required by law to be registered and have offices in the State of Utah to do business, that is unless you’re the Bank of America or one of their subsidiary company’s who are above the law in Utah."

Barlow said the Bank of America attorneys are working overtime filing motions to overwhelm him and the court. “They simply have no answer for violating the state statutes and they don't want to incur the wrath of Judge Shumate because of the serious ramifications his finding could have on lenders in Utah and across the nation where Bank of America and other financial institutions, under the guise of a mortgage lender have trampled the rights of citizens,” he said.
"Bank of America took over the bankrupt Countrywide Home Loan portfolio June 3, 2009 in a stock deal that has over 1100 home owners in foreclosure in Utah this month alone, and the numbers keep growing," Barlow said.
The second part of the motion, Barlow filed, claims that neither the lender, nor MERS*, nor Bank of America, nor any other Defendant, has any remaining interest in the mortgage Promissory Note. The note has been bundled with other notes and sold as mortgage-backed securities or otherwise assigned and split from the Trust Deed. When the note is split from the trust deed, “the note becomes, as a practical matter, unsecured.” Restatement (Third) of Property (Mortgages) § 5.4 cmt. a (1997). A person or entity only holding the trust deed suffers no default because only the Note holder is entitled to payment. Basically, “[t]he security is worthless in the hands of anyone except a person who has the right to enforce the obligation; it cannot be foreclosed or otherwise enforced.” Real Estate Finance Law (Fourth) § 5.27 (2002).
*MERS is a process that is designed to simplifies the way mortgage ownership and servicing rights are originated, sold and tracked. Created by the real estate finance industry, MERS eliminates the need to prepare and record assignments when trading residential and commercial mortgage loans. www.mersinc.org

 

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Regards,

Eileen Dannemann
Director, National Coalition of Organized Women (NCOW)
www.ProgressiveConvergence.com

917 804-0786
 

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