|by Neil Garfield|
Editor's Note: There is something happening here and it is beginning to bother me more and more. A number of people have attempted to file papers in the county recorder's office in order to preserve their ownership rights to property that is either in foreclosure or has been the subject of a foreclosure sale. As I've stated on these pages most foreclosure sales are an illusion. Credit bid is submitted by a non-creditor on behalf of other parties who are also non-creditors.I might add that many pundits, writers, bloggers and lawyers have actually recommended to clients that they file any legally defensible document in opposition to a change in title or possession that would result from enforcement of fraudulent bank documents that are recorded in the public records. Our view is that the very existence of MERS is proof enough of fraudulent intent by the banks, their attorneys, the trustees on deeds of trust, and the other parties involved in the foreclosure and securitization scheme. Our view, like the oath that every attorney takes before becoming licensed, is that every effort should be made to advocate for the position of someone who is in an adversarial position. This does not include making false statements or recording false documents. But the issue becomes very cloudy when one side is allowed to file false documents and the other side is not.The banks, and the law firms that represent the banks, have used their influence with local politicians and officials to snare these homeowners into a legal nightmare. It is true that the documents that were filed are of dubious value, but that doesn't mean that substantively they are wrong or false. The same could be said for the documents that were filed in support of the foreclosure and the foreclosure sale, except that we have ample evidence that many if not most of those documents are fabricated, probably forged, and refer to transactions that never occurred.The hypocrisy here is beyond comprehension. We have proof and admissions by the banks that they fabricated, forged and illegally signed documents that were then recorded with the County Recorder's office. The County recorder in Maricopa, Arizona for example, admits that the title records have been corrupted by the banks but for political reasons refuses to use her administrative powers to remove or tag the offending bank documents that were filed electronically from "trusted sources" which it turns out are only on the side of the banking industry including the banks themselves, their attorneys etc.So we have, like the Bratton case, $250,000 bond placed on a person who filed a "Corrective deed" using her own name, and perhaps fabricating the existence of a twin sister. I agree. That was wrong. Any document that recites facts that are untrue should be corrected in the county records. Any document containing false statements that are known to be false at the time of the filing shows criminal intent. That is also unavoidably true.The hypocrisy is that for the banks that filed documents containing false statements that were known to be false when the document was recorded, there not only is no action by law enforcement, but you have statements like: (1) the Arizona Attorney General who says that it is an acceptable shortcut and (2) Attorney general Holder who admitted that he didn't prosecute because the banks were too big to fail.I see novel defenses here (check with criminal lawyer in your jurisdiction before you use this):
- Estoppel and related constitutional argument of equal protection: if law enforcement has decided not to prosecute a particular crime against a particular segment of the population then it should be stopped from enforcing that particular crime against any portion of the population. It might well be said that a homeowner could reasonably conclude that although a statute exists declaring a particular behavior to be a crime, that the state and local law enforcement agencies through a pattern of conduct have waived their right to enforce the statute. This is akin to an estoppel argument in civil litigation. In criminal litigation the lack of prosecution by law enforcement as a matter of state policy can only be seen as a failure of due process and a violation of equal protection.
- Self Defense: This might sound like a stretch and it probably is, but it is nonetheless accurate and applicable. If the banks are allowed to attempt to steal property through the use of fraudulent documents and the state policy prevents law enforcement from prosecuting those crimes, then out of necessity it may be said that a homeowner is exercising a right of self-defense by filing fraudulent documents in opposition to the fraudulent documents of the banks.One way or the other needs issues are going to have to be addressed. If you look at each case on a strictly individual basis you will come to the conclusion that the homeowner did something wrong and should be punished. If you take a broader view, you will see that the homeowner did the only thing that was possible to stop the steamrolling banks from stealing her home.
From Hopegirl2012 on Facebook
The powerful mortgage industry, that almost brought down the entire global economy with their casino mentality, continues to generate mountains of fraudulent documents to kick families out on the streets and steal years off of innocent citizens lives by keeping them entangled in ludicrous legal shenanigans.
Below is one of the latest stories of one woman, Barbara Bratton.
For Immediate Release
UPDATE: Barbara Bratton - Out On Bail Defrauded Homeowner Jailed As Domestic Terrorist
Friday, June 28, 2013: San Bernardino, CA.
Homeowners’ rights advocate Barbara Bratton was released on bail early this morning after spending two weeks detained as a felon on charges of forgery, burglary and offering false documents for allegedly filing a corrective deed at the San Bernardino County Recorder’s office. Homeowners sometimes use corrective deeds as a preliminary step towards court recognition of systemic land title fraud on their home.
At a Wednesday hearing in San Bernardino Superior Court, Ms. Bratton’s attorneys argued that she showed no criminal intent, had no criminal record and posed no flight risk. Bail was reduced from $250,000 to $150,000. Terms require Ms. Bratton and her associates to stay away from her family home of 40 years as well as from the couple who wrongfully obtained the property from her. A preliminary hearing is set for August.
Since 2008, Barbara Bratton, a native of the City of Ontario, CA. and life-long member of Mt. Zion Baptist Church in that city, has been engaged in a determined legal battle to win back her home. In an apparent attempt to intimidate her, the office of San Bernardino County District Attorney Michael Ramos accused Ms. Bratton of being a domestic terrorist associated with the “sovereign citizens” – a charge wholly without merit. She has never identified herself as a sovereign citizen, nor does she support their views.
At least six officers were assigned to assist the District Attorney’s office with the case. FBI agents were also present in court. Ms. Bratton’s arrest comes at a time of growing public dissatisfaction with domestic surveillance and other gross violations of civil and human rights since passage of the Patriot Act after 9/11.
Barbara Bratton believes in and is in full compliance with the U.S. Constitution, which is why she is fighting a strictly legal battle to win back her home. These trumped up charges appear to be a desperate attempt by county and city officials to divert public attention from the real crimes: the powerful home mortgage industry [ ] that has generated mountains of fraudulent documents that continue to pollute property records in San Bernardino County - a county with some of the highest foreclosure rates in the country. Until land title fraud is weeded out from public property records, judges will continue to sanction illegal foreclosures and bankers and home loan servicers who nearly brought down the U.S. economy will go unpunished.
Look, they've tried to make this "too complicated" for most of us to understand for a reason. Let me break it down for you. But first I have to warn you. This is going to upset a lot of people, especially if you own a home, and most especially if you've recently lost it in foreclosure.
The titles to our homes are in our names and on the public record. When we “borrowed” our own money we gave a promissory note to the bank. The bank exchanged the deed and possession of the house for the promissory note. A simple exchange and an executed complete contract paid by Operation of Law. At that point you have a valid contract with consideration and exchange of valuable property.The bank then sells the promissory note, our value and property which we gave to the bank, into the open market in the form of a “security”. 70% of these securities are guaranteed or backed by Fannie Mae or Freddie Mac, or FHA, all government-sponsored enterprises (GSE’s). These GSE’s are now being held, insolvent (deemed unable to pay a debt), under the Federal Housing Finance Agency which has legal control over the BAIL OUT.So in other words, the bank took our value, sold it, decided that our value was a debt that we would never be able to pay and therefore worthless, and now our value is being held by the branch of our government - our employees - that gave even more of our value back to the banks in the bail outs.
When the bank sold the promissory note as a security, they were paid. The value of our promissory note was passed from the bank to the party that bought the security. But somehow, the banks still act like they are the ones with our promissory notes, and they proceed in making us pay 20+ years of mortgage payments for a value that they were already paid for, which they then deemed worthless after they were paid, not once – from the sale of the security – but twice, from the bailouts. The only party that could have any claim against our homes are the ones that bought our promissory notes from the bank. Yet the banks foreclose on us and throw families out of their homes out onto the street? Why? Because they need to be paid with our value a third time? How does that work??????
Honestly, I'm just stumped and at a loss here. Why are we not rioting over this? Why are we not outraged? How is it that women like Barbara Bratton and so many more of my close personal FRIENDS AND FAMILY are STILL going through this nonsense in court, when it is so OBVIOUSLY AND BLATENTLY WRONG????? INHUMANE!!!
Pass and share this story please. Help me help others to see the fraud here so that hopefully we can stand up to this and do the right thing! It's time to take our value back from the casino lords!