Lender: "We never transferred the paper. No one in the industry transferred the paper.”


Ok, ok, it’s an online publication.  But it’s a fairly good one….

“I think it’s safe to say that 95% of the foreclosure cases in Florida involve some form of fraud on the part of the bank,” David Goldman of Apple Law Firm, PLLC told The Daily Caller in a phone interview. “It’s probably closer to 99%. And the court system is helping them get away with it.”

Hoh hoh hoh…

Now let’s go further….

For financial institutions, the problem isn’t the “missing” documents. It’s the missing documents—the real ones, which say much different things than the “missing” ones, and which the banks can’t seem to get their hands on. Everyone in the financial industry has been looking for them in more places than kids look for Carmen Sandiego, and they still can’t seem to find the X that marks the spot. There’s good reason for that—the industry destroyed the papers a long time ago. On purpose.

Banking officials happily told the Florida court system in 2009 that the documents had been shredded. At the time, lenders were trying to prevent some foreclosure rule changes, so they sent a letter to the Florida Supreme Court. Among other things, the letter stated that it was standard practice to destroy mortgage papers once the mortgages were sold into MERS in order to avoid confusion. (“A” for effort on that front.) Something funny happens when tearing up a contract, and it might best be explained by a certain common phrase. That phrase is, “Tearing up a contract.” Unless very specific conditions are met, the contract becomes null. Void. Not worth the paper it is printed on. 

Heh heh heh…..

Well, yes and no, but yes, in the general case.

Then there’s this, which I have reported on previously:

Smith also reports that when confronted with this information, the CEO of a major subprime lender replied, “If you’re right, we’re [screwed]. We never transferred the paper. No one in the industry transferred the paper.” The CEO used appropriate terminology. The decision to stop foreclosures in only 23 states is nothing less than a giant middle finger given to the collective intelligence of the American people. When it comes to each individual branch, the left hand doesn’t know what the right hand is doing, but it turns out that there’s a brain after all. The brain knows exactly what’s going on, and it knows that both hands can only get away with it as long as they can operate outside the law. That’s because what they’re doing is illegal. Fraudulent. Wrong. A forgery wrapped in a deception wrapped in a lie.

Everyone wants to think this is about deadbeat homeowners.

It’s not.

It’s about due process, one of the basic Constitutional Rights on which this nation is founded.  A right that has come under unrelenting assault in recent years.

But that something is continually assaulted doesn’t make it go away.  In fact, it just makes the case stronger for enforcement and sanction, including prison time for those who acted collectivity to destroy a foundational principle of this country.


Without Due Process Of Law we are nothing as a nation.  We have descended into a feudal system where the only real law is that which someone enforces at the end of a rifled barrel.  And that’s not somewhere we should be going – in any form or fashion.

I have often spoken of “The Banks rob you” in these pages, but until recently, those robberies were occurring through lying about what you willingly purchased.  That’s the common fraud of selling someone a box of chocolates that really contains dog crap instead.  That crime used to be so common that we even have a name for it: Snake-oil salesmen.

But this is different.  Having run out of suckers the banksters-cum-robbers have now turned to the literal use of force.  Breaking and entering is a serious felony, whether The Sheriff will enforce the law or not.  The abuse of legal process, no matter whether the underlying circumstance has the homeowner paying or not, is a breach of the peace, not a “clerical error.”

The people have the right to expect that breaches of the peace be responded to with criminal legal sanction – not fines, but rather prison time and asset forfeiture.  We do it to drug dealers, we do it bank robbers, and we do it to the guy who carjacks you outside the liquor store.

If we don’t do it to these banksters, then we have declared that there are a group of people who one cannot expect the law to be applied to.  

That leaves the people with only one avenue of recourse other than placing a stick between one’s teeth and bending over to await the inevitable assault.

If a bank can file a bogus court process and not go to prison, what stops me from doing it?  Or anyone else?  What stops me from claiming that I sued you, served you, you didn’t show up, and now I’m entitled to a default judgment?  Then, with a writ of attachment, I start showing up with real cops and real guns to literally steal your property.

Nothing at all.

There is no difference between walking into a convenience store with a gun and shoving it up the clerk’s nose and what’s being done here.  In both cases the gun is present.  Whether I hold it in my own hand or whether I connive to get the state to appear with their Sheriffs (and guns) to do it for me is immaterial. 

In either case the people are being held up at gunpoint.

When you call 911 and the cops show up and rob you instead of arresting the burglar, we are not far away from the point where the citizens take arms themselves and say “Oh hell no.”  Indeed, we’re just one incident – one time that these abuses and offenses go wrong – away from widespread civil unrest and possibly even violent revolution.

We must not descend into that pit of Hell.

Prosecutions – real ones, not dog and pony shows – must start right now, and continue until each and every person who falsely swore before a court in these matters is on display like this:

Handcuffs by genesis

Discussion (registration required to post)