Places Links:

  MY ENTIRE WEBSITE
  EARTH HOLIDAYS
  FAVORITE PLACES
  BOTTOM OF PAGE

MY ENTIRE WEBSITE:

Take This Warning,
you who would hurt
the creatures of wood,
meadow, and hearth.
Beware the Catwomen,
who follow Artemis.

PUMA PAC

The Spiraling Cycle
(My Spiritual Home page)
Higher Consciousness
(My Story;The Cat's Story)
Subconscious
(find the secret clicks and the deeper in you will go)
Consciousness
(the blog you are reading now)

Magic Carpet Links
in each Moon

Blog Moon
Places Moon
Social Change Moon
Book Moon

Back to the top of this page


Earth Holidays

"From conception the increase
From increase the swelling
From swelling the thought
From thought the remembrance
From remembrance the consciousness,
the desire..."
---- Maori Creation Chant

Winter Solstice
First Light
Spring Equinox
May Day
Summer Solstice
First Fruits
Autumn Equinox
All Hallows Eve



moon phases
 

Back to the top of this page


 Favorite Places  

MOST FAVORITE PLACE
Myth*ing Link

-0...9-
45 million voices Abortion stories

-A-
ABA News
Abolish Sport Hunting
Abolish Animal Terrorism
Abolitionist On-line
Abuse tracker
Action for Change networking site for change agents
"Afghanistan` Project"
Animal Liberation Front ALF
(May the Universe Keep Them Safe and Active for they are the finest of us all and they harm no living thing despite what the bosses tell you)
Animal Police
Animals and Politics
Animal in WI Recomended Site
Anti-Slavery International
More animal links on my website under Social Change Moon
American Thinker
American Center for Democracy Libel Tourism and first amendment rights
Archetypes
Art Links Place's Moon - 3rd col
Art that Saves Animals
Arts Wisconsin
Ashes & Snow use mouse on each picture
ASPCA
Art original

-B-
Banking on Heaven polygamy video
Beautiful Links
Bees do not Sting
Bees & Wannabes
Best Friends Sanctuary and Resources
Big Poon's Very Best Catnip
BILL OF RIGHTS
Bird Food

-C-
C-Span Video Library
CAIDS - Hunters for intelligent alternatives to Chronic Wasting Disease hysteria
Catch the Moon
Center for Feminist Art
The Center for Responsible Lending
Center for Gender Refugee Campaigns
Ceramic Sculpture
Birds View - Creamic Sculptures of Jacqeline Jrolf
"A Libra whose element is air. She makes birds and what is happening to the air (and herself) through birds"
Chicago Women's Liberation Union
Coalition for American Workers Save jobs for citizens. Prevent in and outsourcing jobs.
Compassion Over Killing
Conflict Resolution

Corporate Control of US Democracy
Cosmology 3D
Cows with Guns

-D-
Daily Coyote
  New Daily Coyote
New Daily Coyote
Daily Puma
Dhimmi Watch
Donna Hughes

-E-
Earth Best Defense
Earth Justice Because the earth needs a good lawyer: recommended site
Eat Well at Veg Web
Equal Pay Act Check out how this site has changed under the BO adm. They have a link to go to the old site. Go to the old site to see then and now – they will keep the old site up for a few more months
Equal Rights Amendment
Equal Pay -after 45 years
ET Vegan
Earth & Sky
Eastern Shore Sanctuary
Enough genocide discussions and reports
Equality 4Women Reference papers for organizing
Exploitation and trafficking in Women (Hughes)
Easy to understand/enviromental Issues

Back to the top of this page

-F-
Fact Check
Female Genital Mutilation
Family Court Issues for Feminists – Custody - Abuse
Feminist Literature 1405-2011
Feminist News
Feminist News Service
Feminist Peace Network
Feminist Research
Fight for Free Public Resources
Fixed Star consultations
Florizel
Flying Elephants Foundation
For Any Soldier
Food Fight
Food Politics
Free the Slaves click on the Blog link
Free US Now Radio
Foster Parrots LTD

 

-G-
Garden Habitat
Galapagos Preservation Society
removal of feral (recommended site)

Genderberg Resource for sexual exploitation activists and researchers
Global aid from US
Great Cards
Green Earth Travelvegetarian travel tours
Greener Choices
Green Energy Policy
Guide to Vegetarian Restaurants & Health Food Stores in USA

-H-
Handmade Nation
Documentary for Handmade Nation
Hedge Craft Rae Beth
Herbarium
Hillary's Voice NP Blogroll


Human Trafficking Middle East
    State Dept's Office

-I-
I AM NOT SORRY NEWS
Illusion Science
Immigration studies
Inclusive Security
Initiative to Educate Afghan Women
Institute for Inclusive Security
Women's Liberation Globally
Intern'l Museum of Womenwomen's art
Iran and Kurd Women's Rights
Isabella's Closet

-J-
JaneDoeThreads
Jane Goodall Institute
Jihad Watch
Judy Chicago
Judy Chicago Gallery Art
Jung Personality Test

-K-
KUAN YIN

-L-
Law
Law Library free
Law News
Lobby for Animals
Latina Women Human Rights

-M-
Mad Cowboy
M.A.R.V. (Milwaukee Area Resources for Vegetarians)
Medicinal Herbs
Menstruation
Military Sexual Assault Response and Prevention
Women Organizing Against Military Sexual Assault
Service Women's Support Network
Military Rape research
Monarch Watch - Grow Milkweed!
Moo Shoes
Moonlady Pages
Muslims Against Sharia

-N-
Natural Resources Defense Council
NOW News
The National Women's Law Center
Numbers USA Bi partisan immigration reduction organization

-O-
On the Question of Animal Rights
Open Secrets
   Open Rescue
Open Rescue

Opinions You Should Have
ohmidog!
Operation Bagdad Pups

-P-
Visit Green's profile on Pinterest.
Popvox - TO Follow a Bill in Congress
Prostitution Research & Ed
Prostitution Rescue
PC Organization
Primate Freedom (RECOMMENDED SITE)
PaganNews.com
PISSD - Personal Injury, Social Security Disability injured and disabled persons mistreated by government and insurance companies
Peaceful Choices
Place Moon alternative energy
Polaris Project anti slavery/trafficking

-Q-

-R-
REAL POLITICS
Refugee Resettlement Watch recommended site
Residential Property Issues
Responsible for Equality And Liberty (R.E.A.L.)
ROCK ENVIRONMENTAL NETWORK

-S-
Sari Art
Sair Art

Sea Shepherd
Skin Deep check your cosmetics to see how toxic they are to your health
Smoothies Recipes for Smoothies
Spirit of America 100% of your tax-deductible donation goes to these projects initiated by Americans serving abroad
Stateline (News from the States)
Stop Honor Killings
Stray Pet Advocacy

Sexual Offenders
National Sex Offender Registry
Sleepwalking to extinction
Survivors of Clergy Abuse
Wisconsin Sex Offender Register

-T-
Track Fed Legislation
Treehugger
Travel Guide (Vegetarian)
Treating Glaucoma
Top Ten Links
Treasures
Trafficking in Women-International
THE CITY EDITION
   RECOMMENDED SITE

-U-
Understanding Taqiyya
US Constitution

-V-
Vegetarian Restaurants in Wisconsin
Vegan Essentials
Vegetarian Meals Delivered
Vegetarian Food Facts
Vegetarian Resource Group
void of course
Vegan Nutrition Podcasts
VINTAGE HALLOWEEN
Sacred hallows-not horror violence

-W-
Wiscat, Wisconsin’s union catalog
Enter the term, “women,” 444 entries; books, periodicals, oral history interviews, and manuscript collections.

WI Best Friends (recommended animal rescue site)
Wisconsin Woodland Owners and Lovers
Wild WI
Wild Ones
Wolf Pack Tarot
WOMEN AGAINST FUNDAMENTALISM IN IRAN Support Women Slaves Struggling to Organize in Iran - NOW! Follow the link above to find the website of women organizing behind burqas to bring freedom to Iran
WOMEN AGAINST SHARIA
Women in the Muslim World
Women Living Under Muslim Laws
Intern'l Women's Day March 8
Women's Foreign Policy Group
Women's Freedom Forum
Women's History Archives
Women's History Month In 1987, Congress declared March to be Women's History Month
Women's Medical Fund, Inc Assisting Wisconsin women who want but cannot afford abortion - please help
Women’s Studies Librarian’s Office Home of Feminist Collections Journal
Women's Suffrage Day August 26th
Women United
Woodstock Farm Sanctuary
WI Coalition Against Domestic Violence I rarely agree with these liberals who take a great deal of the DV funding
WI Incentives for Renewables and Efficiency
WI Newspapers Forum & Blogs
WisconSUN
WI Statutes
WI Vegetarian
WI Veterans Museum
WI Watch Reporters covering the underbelly of policy shaping WI while you are unconscious

-X-

-Y-

-Z-


Despite the challenges, we were seeing free and democratic Iraq, we were living the hard laboring moment we believe that every one of us has duty towards our beloved country. By our hands, work, thoughts, sacrifice we will build up the new Iraq.


Back to the top of this page





Can you believe these suicidal democrats? Who has BOUGHT THEM OFF?


White House cool to moratorium

"Meanwhile, a White House advisor over the weekend dampened speculation that the Obama Administration would press for a full moratorium on home foreclosures. David Axelrod, interviewed on CBSFace The Nation Sunday, questioned the need for a complete halt, saying some foreclosures are justified and should go forward. Doingso, he said, will ultimately help the housing market recover.

"Our hope is this moves rapidly and that this gets unwound very,very quickly," he said.
However, a growing number of Democratic lawmakers, facing re-election next month, have called for a complete stop to homeforeclosures. Lawmakers have also urged bank regulators and the Justice Department to investigate whether mortgage companies violated laws in handling foreclosures."


Read more: http://www.consumeraffairs.com/news04/2010/10/mortgage-services-may-face-fraud-charges-in-new-jersey.html#ixzz1263whqvw
A basic principle of contract law is that a plaintiff suing on a written contract must produce the signed contract proving he is entitled to relief. If there is no signed mortgage note or recorded assignment, foreclosure is barred. The defendant must normally raise this defense, and most defaulting homeowners, unaware of legal procedure and concerned about the expense of hiring an attorney, just let their homes go uncontested. But when the plaintiffs bringing subprime foreclosure actions have been challenged, in most cases they haven’t been able to produce the notes. Why not? It appears to be more than just sloppy paperwork.
The banks that originally entered into these risky subprime arrangements generally did so because they had no intention of holding the loans on their books. The mortgages were immediately sliced and diced, bundled up as mortgage-backed securities (MBS), and sold off to investors. Loan originators sold the mortgages to financial institutions or other banks, which then sold the rights to the monthly mortgage payment income to investors, while transferring the responsibility to collect these payments to specialized mortgage servicing companies. The result has been to slice up the mortgage contract, with no party really having ownership of the original paperwork. When foreclosure has been initiated, the servicer or trustee acting as plaintiff now has trouble proving that it originated the mortgage or owned the loan.
In order for a second bank or financial institution to have standing to bring a foreclosure lawsuit in court, it must have been assigned the mortgage; and with the collapse of the housing market, many of the subprime lenders have gone out of business, making it impossible to contact the originating mortgage company. Other paperwork has just been lost in the shuffle.2
Why weren’t the mortgage notes assigned to the MBS holders when they were first sold? Apparently because the investors aren’t even matched up with specific properties until after default. Here is how the MBS scheme works: when the mortgages are first bundled by the banks, all of the subprime mortgages go into the same pool.
The bundled mortgages are chopped into "securities" that are sold to many investors -- banks, hedge funds, money market funds, pension funds -- with different "tranches" or levels of risk. The first mortgages to default are then assigned to the high-risk "BBB-" tranche of investors. As defaults increase, later defaulting mortgages are assigned down the chain of risk to the supposedly more secure tranches.3 That means the investors get the mortgages only after the defendants breached the agreement to pay. It also means the investors weren’t a party to the agreement when it was breached, making it hard to prove they were injured by the breach.
The investors have another problem: the delay in assigning particular mortgages to particular investors means there was no "true sale" of the security (the home) at the time of securitization. A true sale of the collateral is a legal requirement for forming a valid security (a secured interest in the property as opposed to simply a debt obligation backed by collateral). As a result, the investors may have trouble proving they have any interest in the property, secured or unsecured.4
The Dog-Ate-My-Note Defense
When the securitizing banks acting as trustees for the investors are unable to present written proof of ownership at a time that would entitle them to foreclose, they typically file what’s called a lost-note affidavit.
April Charney is a Florida legal aid attorney well versed in these issues, having gotten foreclosure proceedings dismissed or postponed for 300 clients in the past year. In a February 2008 Bloomberg article, she was quoted as saying that about 80 percent of these cases involved lost-note affidavits. "Lost-note affidavits are pattern and practice in the industry," she said. "They are not exceptions. They are the rule."3
In the past, judges have let these foreclosures proceed; but in October 2007, an intrepid federal judge in Cleveland put a halt to the practice. U.S. District Court Judge Christopher Boyko ruled that Deutsche Bank had not filed the proper paperwork to establish its right to foreclose on fourteen homes it was suing to repossess.4
That started the ball rolling, and by February 2008, judges in at least five states had followed suit. In Los Angeles in January, U.S. Bankruptcy Judge Samuel L. Bufford issued a notice warning plaintiffs in foreclosure cases to bring the mortgage notes to court and not submit copies. In Ohio, where foreclosures were up by a reported 88 percent in 2007, Attorney General Marc Dann was reported to be challenging ownership of mortgage notes in forty foreclosure cases.5
Few defendants, however, are lucky enough to have advocates like Charney and Dann in their corner, and most defaulting debtors just let their homes go. A simple challenge can be filed to the complaint even without an attorney, and some subprime borrowers have successfully defended their own foreclosure actions; but retaining an attorney is strongly recommended. People representing themselves are often not taken seriously, and they are likely to miss local rule requirements.
With that warning, here is some general information on challenging standing to foreclose:Some states are judicial foreclosure states and some are non-judicial foreclosure states. In a judicial foreclosure state (meaning the matter is heard before a judge), if a promissory note or recorded assignment naming the plaintiff is not attached to the complaint, the defendant can file a response stating the plaintiff has failed to state a claim. This can be followed with a motion called a demurrer to the complaint.
Different forms of demurrers can be found in legal form books in most law libraries. In essence the demurrer states that even if everything in the complaint were true, the complaint would lack substance because it fails to set out a copy of the note, and it should therefore be dismissed.
Ordinarily there is no need to cite much in the way of statutes or case law other than the authority reciting the necessity of showing the note proving the plaintiff is entitled to relief. In a non-judicial foreclosure state such as California, foreclosure is done by a trustee without a court hearing, so the procedure is a bit trickier; but standing to foreclose can still be challenged.
If the homeowner has filed for bankruptcy, the proceedings are automatically stayed, requiring the lender to bring a motion for relief from stay before going forward. The debtor can then challenge the lender’s right to the security (the house) by demanding proof of a legal or equitable interest in it.6 A homeowner facing foreclosure can also get the matter before a court without filing for bankruptcy by filing a complaint and preliminary injunction staying the proceedings pending proof of standing to foreclose. A judge would then have to rule on the merits.
A complaint for declaratory relief might also be brought against the trustee, seeking to have its rights declared invalid.7
An Equitable Settlement for Everyone
These defenses can help people who are about to lose their homes, but there is another class of victims in the sub-prime mortgage crisis: investors in MBS, including the pension funds and 401Ks on which many people depend for their retirement. If the trustees representing the investors cannot foreclose, the lucky debtors may be able to stay in their homes without paying. However, the hapless investors will be left holding the bag. If the investors manage to shift liability back to the banks, on the other hand, the banks could go down and take the economy with them. How can these tricky issues be resolved in a way that is equitable for all? That question will be addressed in a followup article. Stay tuned.


2 Comments:

Blogger Double Jointed Fingers said...

I cannot believe what is going on. The democrats are spineless idiots and republicans are even worse. We are doomed.

11:41 AM, October 13, 2010  
Blogger Greenconsciousness said...

It really is unbelievable. They know for center people there is no alternative so they concentrate on pacifying their funding sources. We must just fight for the most helpless of our kind. And be willing to coalition where we can agree.

2:30 PM, October 13, 2010  

Post a Comment

Links to this post:

Create a Link