Pay Attention! Look at the money trail AFTER the foreclosure sale, by Neil Garfield


Pay Attention! Look at the money trail AFTER the foreclosure sale
Posted on July 3, 2018 by Neil Garfield
https://livinglies.wordpress.com/2018/07/03/pay-attention-look-at-the-money-trail-after-the-foreclosure-sale/

My confidence has never been higher that the handling of money after a foreclosure sale will reveal the fraudulent nature of most “foreclosures” initiated not on behalf of the owner of the debt but in spite of the the owner(s) of the debt.

It has long been obvious to me that the money trail is separated from the paper trail practically “at birth” (origination). It is an obvious fact that the owner of the debt is always someone different than the party seeking foreclosure, the alleged servicer of the debt, the alleged trust, and the alleged trustee for a nonexistent trust. When you peek beneath the hood of this scam, you can see it for yourself.

Real case in point: BONY appears as purported trustee of a purported trust. Who did that? The lawyers, not BONY. The foreclosure is allowed and the foreclosure sale takes place. The winning “bid” for the property is $230k.

Here is where it gets real interesting. The check is sent to BONY who supposedly is acting on behalf of the trust, right. Wrong. BONY is acting on behalf of Chase and Bayview loan servicing. How do we know? Because physical possession of the check made payable to BONY was forwarded to Chase, Bayview or both of them. How do we know that? Because Chase and Bayview both endorsed the check made out to BONY depositing the check for credit in a bank account probably at Chase in the name of Bayview.

OK so we have the check made out to BONY and TWO endorsements — one by Chase and one by Bayview supposedly — and then an account number that might be a Chase account and might be a Bayview account — or, it might be some other account altogether. So the question who actually received the $230k in an account controlled by them and then, what did they do with it. I suspect that even after the check was deposited “somewhere” that money was forwarded to still other entities or even people.

The bid was $230k and the check was made payable to BONY. But the fact that it wasn’t deposited into any BONY account much less a BONY trust account corroborates what I have been saying for 12 years — that there is no bank account for the trust and the trust does not exist. If the trust existed the handling of the money would look very different OR the participants would be going to jail.

And that means NOW you have evidence that this is the case since BONY obviously refused to do anything with the check, financially, and instead just forwarded it to either Chase or Bayview or perhaps both, using copies and processing through Check 21.

What does this mean? It means that the use of the BONY name was a sham, since the trust didn’t exist, no trust account existed, no assets had ever been entrusted to BONY as trustee and when they received the check they forwarded it to the parties who were pulling the strings even if they too were neither servicers nor owners of the debt.

Even if the trust did exist and there really was a trust officer and there really was a bank account in the name of the trust, BONY failed to treat it as a trust asset.

So either BONY was directly committing breach of fiduciary duty and theft against the alleged trust and the alleged trust beneficiaries OR BONY was complying with the terms of their contract with Chase to rent the BONY name to facilitate the illusion of a trust and to have their name used in foreclosures (as long as they were protected by indemnification by Chase who would pay for any sanctions or judgments against BONY if the case went sideways for them).

That means the foreclosure judgment and sale should be vacated. A nonexistent party cannot receive a remedy, judicially or non-judicially. The assertions made on behalf of the named foreclosing party (the trust represented by BONY “As trustee”) were patently false — unless these entities come up with more fabricated paperwork showing a last minute transfer “from the trust” to Chase, Bayview or both.

The foreclosure is ripe for attack.

Spread the word

FORECLOSURE HELL


I had been doing so much better about keeping up with my blogs, until about this last week. I had not gotten back to posting as much as I had in the past, but was doing much better.

I have to admit though, every month, beginning the week before foreclosure hell (the day they auction the homes foreclosed upon), have been particularly hellish.

I guess for a while, no one I know was being foreclosed upon. But beginning last month, my friends began being sold at auction again. It had been a whole year until just these last couple of months. Then all of the sudden, properties that the banks had lost interest in, out of the blue, and with little or no warning, were sold at auction.

We all managed to stop two of the sales, those two were cancelled, but last month, one was lost to foreclosure, and it took a lot of work to get cancelled, the two that were cancelled.

So, even though there may not be the number of foreclosures every month that there had been for a long time, looks like the banks have managed to get lined up, these companies, that will purchase damn near any house at auction. These companies that want to turn around and rent you your house they just purchased at foreclosure.

I told everyone, back in 2008-2009 when Goldman Sachs’ sorry ass said that “only the rich should own houses, everyone else should be renters”, that this is what could be expected. Yes, it took another 8 years for it to happen to this scale, but it is here, and it won’t be going away, till they get every one of our homes.

I have watched foreclosure sales every month since around 2006, and all the properties that were fought for, and the banks, just kind of fizzled away without a lot of fuss, homes that they realized would be close to impossible to get the foreclosed upon owner to leave, now that they can work it out to where these rent home companies, are the ones that has to get rid of the previous owners of the properties.

The banks see this as minor housekeeping, which they don’t mind at all.

By Bruce Moyer: March 2015: The Most Powerful Court You Have Never Heard Of



Washington Watch | March 2015
By Bruce Moyer

Long The disclosures by Edward Snowden about the size and scope of the National Security Agency’s surveillance activities, both in the United States and abroad, has prompted a flurry of Congressional proposals aimed at reframing the foreign intelligence- gathering process. While the thrust of these proposals is aimed at the intelligence-gathering process itself, several would also alter the operations of the federal court in Washington that provides judicial oversight of intelligence gathering and, in fact, authorized the con- troversial NSA telephone metadata collection effort disclosed by Snowden.

The court we’re talking about is the Foreign Intelligence Surveillance Court, or FISC. Described by CNN as “the most power- ful court you have never heard of,” the panel plays a significant role in the sensitive balance of foreign intelligence-gathering and civil liberties. Established in 1978 by the Foreign Intelligence Surveillance Act (FISA), the FISC hears applications from the government and decides whether to issue orders approving certain electronic surveil- lance activities for foreign intelligence purposes. Another Article III tribunal co-located in Washington, the Foreign Intelligence Surveillance Court of Review (FISCR), reviews the rulings of the FISA court. Collectively these are referred to as the FISA courts.

Unique Among Federal Courts
The FISC is unique among federal courts in its narrow jurisdiction, the selection of its judges, and the secret conduct of its day-to-day operations. The Chief Justice of the U.S. Supreme Court plays an especially engaged role in the affairs of the court. The FISC’s 11 district court judges and review court’s judges are “designated” by the Chief Justice, foregoing the usual process of presidential appoint- ment and Senate confirmation. Similarly, the Chief Justice designates the chief judge of the FISC and the FISCR. The judges of both courts serve one term of seven years and are not eligible for a second term. Because of the sensitive nature of its docket, the FISC and the Review Court operate largely in secret and in a nonadversarial fash- ion. Since its creation in 1978, the FISC has operated primarily in an ex parte manner with the government as the only party presenting arguments to the court and seeking warrants approving of electronic surveillance, physical searches, the use of a pen register or a trap- and-trace device, or the access to business ecords for foreign intelligence and international terrorism investigations.

The FISC operates out of a secure location in the federal court- house in Washington, D.C. Each week, one of the eleven district court judges that comprise the FISC is on duty in Washington. Most of the FISC’s work is handled by the duty judge with the assistance of a small group of attorneys and clerk’s office personnel who staff the court. On occasion, judges outside of the duty-week rotation handle more complex or time-consuming matters, at the direction of the Presiding Judge.

The secret and nonadversarial nature of the FISC’s proceedings and the revelation of the court’s approval of the NSA telephone meta- data collection effort have spurred several Congressional proposals that would change some of the underlying practices of the FISA courts. The most controversial proposal involves the court’s appoint- ment of a special advocate when the court is considering a novel or significant interpretation of law. Other proposals would establish en banc panels of the FISC and would alter the voting rules of the FISC in an attempt to create a higher bar for the approval of government surveillance activities.

A Special Advocate Before the FISA Courts?
The appointment of a special advocate within the FISA courts has stirred the greatest controversy. The House last year passed legislation (H.R. 3361) giving the FISA courts substantial discretion to determine when to appoint an advocate, as well as decide the nature and scope of the assistance to be provided by the advocate. A broader Senate measure (S. 2685) last year would have more rigidly mandated the appointment of an advocate to make specific argu- ments involving privacy and civil liberties. The Senate bill stalled at the end of 2014, carrying the debate into 2015 with some urgency. Section 215 of the Patriot Act, which authorizes electronic foreign intelligence surveillance activities, expires on June 1.

Proponents of the appointment of a special advocate argue that the nature of a non-adversarial process prevents the FISA courts from hearing opposing viewpoints on difficult legal issues, especially ones involving privacy and civil liberty interests. The Federal Judiciary is not so sure. In a letter to Congress last year, Judge John Bates, then director of the Administrative Office of the U.S. Courts (and a for- mer FISC judge) embraced the House legislation’s approach, which imparts to the FISA court the discretionary authority to appoint an advocate, a power the court already inherently maintains. Bates criticized the Senate’s approach, which directs the FISC to appoint an advocate in certain kinds of cases. “… [W]e are concerned that insert- ing into FISA court proceedings an advocate with a statutory mandate to make specific arguments would raise substantial legal questions and impede the courts’ work without furthering the interests of privacy or civil liberties,” Bates wrote. Those questions involve separation of powers and judicial independence considerations.

FBA Panel Session on the FISA Courts
These concerns and the broader challenge of balancing national security, privacy, and civil liberties will be spotlighted at the FBA Mid-year Meeting on Saturday morning, March 28, in Arlington, Virginia, when an esteemed panel of judges, lawyers, and academics will debate the pros and cons of altering the FISA courts and their operations. Consult the FBA website for further details.

Bruce Moyer is government relations counsel for the FBA. © 2015 Bruce Moyer. All rights reserved.

Ever Wonder Why You Did Not Get Justice? Check and see who is invested in What, that might answer your questions.


For the Scorecard for Georgia Courts, visit: http://www.freelanceparalegal.us/ and go to the bottom of the page.

Now:

(Image Courtesy of Center for Public Integrity)
Justice Obscured
http://www.publicintegrity.org/politics/consider-source/justice-obscured

The Center for Public Integrity’s Justice Obscured project has sought to penetrate the veil of secrecy surrounding the financial holdings and activities of the nation’s most powerful judges. In “Corporations, pro-business nonprofits foot bill for judicial seminars” we looked at the top corporate sponsors and right-wing think tanks that sponsored seminars for some of the nation’s most powerful judges. We evaluated the disclosure rules for judges in state supreme courts and found them sadly lacking. We then looked at U.S. appellate court judges and found more than two-dozen instances of financial conflicts of interest.

Latest stories
Supreme court justices earn quarter-million in cash on the side
By Reity O’Brien June 20, 2014
http://www.publicintegrity.org/2014/06/20/14981/supreme-court-justices-earn-quarter-million-cash-side

Fourth case reopened after Center uncovers judicial conflict of interest
By Chris Young June 17, 2014
http://www.publicintegrity.org/2014/06/17/14946/fourth-case-reopened-after-center-uncovers-judicial-conflict-interest

Court reopens third case after Center uncovered judicial conflicts of interest
By Chris Young June 3, 2014
http://www.publicintegrity.org/2014/06/03/14871/court-reopens-third-case-after-center-uncovered-judicial-conflicts-interest


(Image Courtesy Chris Young, Center for Pulic Integrity)
Judge who stopped Wisconsin campaign finance probe tied to Koch-funded junkets
By Chris Young May 27, 2014
http://www.publicintegrity.org/2014/05/27/14822/judge-who-stopped-wisconsin-campaign-finance-probe-tied-koch-funded-junkets

Case reopened after Center reveals judge’s conflict of interest
By Kytja Weir May 13, 2014
http://www.publicintegrity.org/2014/05/13/14748/case-reopened-after-center-reveals-judges-conflict-interest

Donors, friends of governors often get state supreme court nod
By Rachel Baye May 1, 2014
http://www.publicintegrity.org/2014/05/01/14692/donors-friends-governors-often-get-state-supreme-court-nod

What do federal appellate judges own?
By Henry Kerali, Reity O’Brien, Chris Young and Kytja Weir April 28, 2014
http://www.publicintegrity.org/2014/04/28/14615/what-do-federal-appellate-judges-own

Federal judges plead guilty
By Reity O’Brien, Kytja Weir and Chris Young April 28, 2014
http://www.publicintegrity.org/2014/04/28/14630/federal-judges-plead-guilty

Information on judges’ disclosures often blacked out
By Reity O’Brien, Kytja Weir and Chris Young April 28, 2014
http://www.publicintegrity.org/2014/04/28/14634/information-judges-disclosures-often-blacked-out

Koch brothers, major corporations sponsor pension reform seminar for judges
By Chris Young April 25, 2014
http://www.publicintegrity.org/2014/04/25/14662/koch-brothers-major-corporations-sponsor-pension-reform-seminar-judges

Montana judges to disclose financial ties after Center report
By Kytja Weir March 25, 2014
http://www.publicintegrity.org/2014/03/25/14483/montana-judges-disclose-financial-ties-after-center-report

N.M. bill aims to put judge disclosures back online
By Kytja Weir January 27, 2014
http://www.publicintegrity.org/2014/01/27/14172/nm-bill-aims-put-judge-disclosures-back-online

D.C. mulls changes to judicial transparency
By Chris Young January 15, 2014
http://www.publicintegrity.org/2014/01/15/14120/dc-mulls-changes-judicial-transparency

Montana proposes reforms after earning ‘F’ for judicial disclosure
By Kytja Weir January 9, 2014
http://www.publicintegrity.org/2014/01/09/14087/montana-proposes-reforms-after-earning-f-judicial-disclosure

State judges: We don’t need no stinkin’ disclosure
By John Dunbar, Reity O’Brien, Kytja Weir and Chris Young December 13, 2013
http://www.publicintegrity.org/2013/12/13/13990/state-judges-we-dont-need-no-stinkin-disclosure

How the states scored on judicial financial disclosures
By Chris Zubak-Skees, Reity O’Brien, Chris Young and Kytja Weir December 4, 2013
http://www.publicintegrity.org/2013/12/04/13805/how-states-scored-judicial-financial-disclosures

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Federal judges plead guilty
By Reity O’Brien, Kytja Weir and Chris Young April 28, 2014

Information on judges’ disclosures often blacked out
By Reity O’Brien, Kytja Weir and Chris Young April 28, 2014
Inside this investigation
State report cards

State supreme court judges reveal scant financial information
By Reity O’Brien, Kytja Weir and Chris Young December 4, 2013

State judges: We don’t need no stinkin’ disclosure
By John Dunbar, Reity O’Brien, Kytja Weir and Chris Young December 13, 2013

Koch brothers, major corporations sponsor pension reform seminar for judges
By Chris Young April 25, 2014

Corporations, pro-business nonprofits foot bill for judicial seminars
By Chris Young, Reity O’Brien and Andrea Fuller March 28, 2013
Writers and editors

Reity O’Brien
Reporter The Center for Public Integrity

mobrien@publicintegrity.org

Chris Young
Reporter The Center for Public Integrity

cyoung@publicintegrity.org

Kytja Weir
Project Manager The Center for Public Integrity

kweir@publicintegrity.org