Archive for the ‘legislation’ Category
Washington State Proposes Foreclosure Bill With Teeth!
23 (ii) A declaration by the beneficiary made under the penalty of perjury stating that the beneficiary is the actual holder of the promissory note or other obligation secured by the deed of trust shall be sufficient proof as required under this subsection. A violation of this subsection (7)(a)(ii) is a class C felony as provided in RCW 28 9A.20.020 and 9A.20.021.
Bingo. If this bill becomes law and you file a document foreclosing in Washington State claiming to be the beneficiary of a given mortgage and really aren’t, because, for instance, the trust never had the actual mortgage tendered into it, you go to prison.
It’s about damn time.
The bill is SB6199 and if you live in Washington State you can find your State Reps here: http://apps.leg.wa.gov/DistrictFinder/Default.aspx
Discussion (registration required to post)
Let’s Fix The Fraudclosure Mess
Here it is folks…. let’s push this as a singular piece of legislation that we want introduced and passed nationally on a state-by-state basis this coming year.
The Legislature finds that:
- The practice of failure to accurately record the real parties at interest in mortgages and other secured real property transactions has led to clouded titles and foreclosure actions that are of questionable legality;and
- The maintenance of clear, complete and accurate real property records forms the basis of private property rights and is a fundamental liberty interest secured under the State Constitution.
Therefore it is the law of this state upon the effective date of this legislation that:
- All real property land title records evidencing an indebtedness shallrequire public filing at the county level documentary evidence of the indebtedness claimed to be secured by said real property;
- All such filings shallname the real party or parties at interest with reference to the full legal name of the entity the security interest is in favor of;
- Such filings shallbe updated on a contemporary basis when debt instruments are sold, securitized, traded or otherwise transferred, with a deadline of not more than thirty (30) days after the effective date of said transaction.
- A release shall be filed and returned to the property owner within thirty (30) days upon the event of payment in full or extinguishment of the debt secured by the property by any means, including but not limited to payment through a credit-default instrument, swap, deed-in-lieu proceeding, insurance payment or otherwise. The release returned to the property owner shallinclude the original wet-ink mortgage documents marked “PAID IN FULL” and signed by an authorized signatory of the holder in wet ink.
- In any action for foreclosure the moving party shallpresent to the court in their original filing:
- The original, wet-ink mortgage agreement signed by the mortgagor and mortgagee or their agent(s).
- A full, complete and correct accounting of all monies transferred, paid, or received in reference to the indebtedness, including all securitization cash flows, payments in kind from third parties, credit protection payments under default swaps owed or paid under events of default or other arrangements, sufficient to establish as a matter of forensic proof through accounting that the monies claimed to be owed at the time of the default and foreclosure that are prayed for are in fact owed and outstanding and have not been satisfied and that the economic injury alleged has in fact occurred.
- Evidence of the full, complete and unbroken chain of assignments in the public records as required in items 1-3 above.
- A true, certified, dated and correct copy of the Notice of Default meeting the requirements of (6) below.
- Evidence documenting that any available Federal and State programs for foreclosure and default mitigation such as but not limited HAMP and HARP have been complied within in full and, if insufficient to resolve the default, the specific reasons for the failure or denial shallbe included in the initial foreclosure pleading.
- A foreclosure action shall be commenced within 120 days of the event of default giving rise to the action under the contract of mortgage, except that the time shall be tolled during the pendency of any HAMP or similar program not to exceed 90 additional days. Due to the deleterious effects on neighborhoods and the certainty of title and property within this state a tardy foreclosure action shall be barred as contrary to public policy of this state. The barring of said foreclosure actions shall notoperate to prevent other lawful and permissible collection actions such as suits at law or in equity for recovery of money damages.
- Any “Notice of Default” or similar tendered to a defaulting mortgagee shall set forth the amount(s) necessary to cure the default, if default can be cured or the mortgage redeemed, in exact dollars and cents and in the form of payment accepted, during any available cure period. A default shall be curable for at least 30 days following the Notice of Default. A mortgagor or the subsequent assignee or transferee shallbe required to accept payment at an office within the county where the property is located during the hours of 9:00 – 5:00 local time at least four days per calendar week, or if there is no such office at a designated office within 100 road miles of the property address.
- A foreclosure action that is filed and fails to satisfy the requirements of (5) and (6) above shall be dismissed upon the pleading by the defense alleging said deficiencies, and upon sustaining such a defense the defendants shallbe entitled to all reasonable attorney fees and costs from the plaintiff.
- Within 180 days of the effective date of this legislation all existing property records that bear a mortgage and do not conform with the statutory documentation requirements for chain of title under clauses 1-4 shall be brought into compliance. Any landowner or mortgagee may sue for quiet title once the 180 day cure period expires from the effective date of this legislation and such a suit shall be sustained, removing any mortgage cloud upon the title, with reasonable attorney fees and costs taxed to the defendants.
That should pretty much do it. Let’s make ramming this through our state legislatures our personal priority for 2012.
More 'Disappearing Legislation' Courtesy of Bankers

One thing though… from what Darrell explained to me, Carl Seel must have been in a very good mood the day of his unexpected tardiness, because even though he had been previously turned down twice for his own loan modification, two days before he showed up too late to propose the amendment, Ocwen granted him a PRINCIPAL REDUCTION that reduced his mortgage to $88,000 from roughly $190,000… that’s a reduction of approximately 56% give or take a few points one way or the other.
For those who are wondering what this is about, it ties right back to the series I’ve been doing on Arizona SB1259. The bill that Ms. McLain killed and which would have require mortgage servicers and debt-holders to follow existing law – you know, only foreclose on people when you actually own the debt in question?
And lest anyone think this is some sort of trite concern, we have multiple cases where we know these records are NOT correct and people HAVE been foreclosed upon in error, with not-the-least of them being instances where notes got sold twice. In fact, we have a former executive from TBW who seems to be headed to the pokey for his part in that practice. That statement, incidentally, is not an “allegation” any more – see, Mr. Fakas was convicted.
So what’s this new discovery about? Apparently Mr. Seel was intending to introduce an amendment that would basically restore SB1259 on top of another bill in Arizona. But somewhere along the way to the State House to do so, he got, well, “delayed.” And, if the allegation above is correct, he also, roughly at the same time, got an approximately 50% principal reduction in his mortgage.
Now perhaps there’s an innocent explanation for this….. second killing of that language.
But doesn’t there come a time where honest people demand actual investigations and answers?
I think we’re well beyond that point.
Ps: Trust me on this – you’ve not seen the last Ticker from me on this subject. Not by a long shot. If you’re an Arizona lawmaker, did something wrong in this regard, and think this issue is just going to wither away and die, you’re sadly mistaken.
Arizona State Rep Nancy McLain (R-3rd): A Putrid Viper
Here’s the architect of gutting SB1259, which would have required that banks coming to foreclose prove they actually held the debt.
The original bill is here:
SB 1259 – Introduced Version – Arizona State Legislature via MyGov365.com
It was gutted and replaced with a completely unrelated bill after passing the Senate 28-2.
This is how you got screwed Arizona – through an in-your-face act of Monarchy by one Representative McLain, who arrogated the entirety of the Democratic process even within the committee she chairs to herself, and abused that authority to financially rape every Arizona homeowner who is facing foreclosure. Vote? What’s a Vote? We don’t need any stinking votes! McLain is the chair and she’s arrogated herself King!
You’re simply not going to believe the audacity displayed by this bag of venomous pus.
Only one question remains for Arizona residents: Are you going to sit for being screwed raw by this putrid viper or will you stand and do something about it?
More On Bankers Making Legislation Disappear
The bottom line is this: Either the original issue of that mortgage and its subsequent securitization went through all previously-required assignments and you can prove it or your ability to convey a title via Trustee Sale is gone.
Awwww those poor widdle banksters that cheated on the rules…. looks like Arizona has had enough of their games and is going to body-slam them all in favor of their citizens. BRAVO!
Weeeeellll…. maybe not.
The Senate passed this bill, by the way, 28-2. But after it passed something odd happened – it disappeared!
Here’s the original:
SB 1259 – Introduced Version – Arizona State Legislature via MyGov365.com
SB 1259 – Introduced Version – Arizona State Legislature via MyGov365.com
And here’s what it got replaced by:
Senate Bill 1259 Relating to Fire Districts
Relating to fire districts?
How’d that happen? What sort of outrageous political corruption takes a bill that has been PASSED in one house of a State and before it gets to the other, the passed bill is replaced in its entirety with something completely unreleated?
(Incidentally, it’s the House that did that, if you haven’t figured it out yet. The problem of course is trying to determine who in the Arizona House did it. That, my friends, is “conveniently” not obvious.)
And by the way, this is real – it is not a hoax:
http://www.azleg.gov/Bills.asp?FirstBill=SB1251&LastBill=SB1300
There comes a time when it is apparent that there is no longer a rule of law in a state, or a nation. That time usually occurs right about when a law that is in the process of being passed, and in fact passes one house of a legislature by a 28-2 margin, and it then magically “disappears” without being considered by the other house and is replaced with something entirely unrelated.
When that happens within a State, it is then incumbent upon The Federal Government under Article IV of the Constitution to immediately intervene:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Should The United States Federal Government fail to do so, it will have, by its refusal, admitted complicity after the fact. That is, The United States no longer has a functioning Constitution nor does it follow the Rule of Law – by its own hand.
It is not an accident, I’m sure, that the bill in question in Arizona would have simply required that anyone foreclosing on a home prove that they are in fact the lawful owner of the debt in question and therefore that they have the right to foreclose. That this bill, which was clearly by the vote in their Senate about to become law, was deemed “unacceptable” by certain people who have not been identified is further proof that we no longer live in a Republic, and that neither Arizona or the United States has a functional Constitution – or the Rule of Law.
Update: The original sponsor of this bill, Ms. Michele Reagan, was sued in 2010 by her lender over her mortgage when she tried to find out who actually owned it. It appears that in order for a “Striker” amendment to be passed in Arizona the sponsor of the bill must concur. Therefore, the obvious questions arise: Is Ms. Reagan still being sued, was the case previously settled, and is there a quid-pro-quo – or perhaps even something more overt – going on here?
Why would a lawmaker who was sued for simply trying to find out who actually owns their mortgage drop a bill that would require documentation of ownership before foreclosure?
It gets better. There are reports that the House Committee Chair, Nancy McClain, threatened to “not hear” the bill as passed. That’s right – the Republican (where are you Tea Party?) Committee Chair intended to kill a bill without a vote that passed the Senate 28-2! Why? Well gee, who do you think she was talking to? (cough-banksters-cough!)
I smell a big, fat, stinking rat.
“Strange Happenings” in the Arizona State Senate. Can Bankers Make Legislation Disappear?
I oft times say “The oddities are odder with every other day.” This is a case of one of the odder oddities. One, that like the universe unfolding, is expanding in oddness. One that deserves an expansion of outrage.
The most recent development caught my eye in a short piece from Matt Weidner: Are the Banksters Powerful Enough To Make Legislation Disappear?. It caught his eye on popular blog site 4ClosureFraud. It caught their eye in an article posted to blog site “The Impode-O-Meter” by author Mandelman Matters.
At the core of the shocking new development is a bill, “State Senate Bill 1259? proposed by Arizona State Senator Michele Reagan:
“If you foreclose on somebody you should have to tell them who owns the property. People have the right in this country to face their accusers.”
In response to her bill the Arizona Banker’s Association threatened:
“If Arizona passes this, it will be the only state in the union that will require a production of chain of title. States that pass these types of laws will be riskier environments to lend in and more difficult environments to get a loan in.”
Apparently proving chain of title and that they actually own the homes they foreclose upon must be too onerous a requirement for major banks and servicers foreclosing on Arizona homes!
.
Before delving further, let me recap from my own writings. In March of 2010 Arizona State Senator Michele Reagan was sued by her lender, Colonial Savings Bank, simply for asking, who owned her note! I included the video in notes to Episode IV in my “Tale of Greed”.
Fast forwarding a year we find that Colonial Savings Bank was shuttered by the FDIC, having been wrapped up in fraudulent actions by executives at Taylor, Bean and Whitaker. The notes included under Episode IV: D-I-S-C-O-V-E-R-Y in a Nevada Desert goes into some detail of revelations in the trial of Taylor, Bean CEO Lee Farkas. In only the past week he was found guilty – on all 14 counts – of a $1.9 Billion fraud scheme! All of the other executives plead guilty without going to trial.
http://twainsthoughts.com/episode-iv-d-i-s-c-o-v-e-r-y-in-a-nevada-desert/iv-notes/
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Here a few highlights:
According to a statement of facts submitted with his plea agreement, Allen joined TBW in 2003 as its CEO and reported directly to its chairman. He admitted in court that from 2005 through August 2009, he and other co-conspirators engaged in a scheme to defraud financial institutions that had invested in a wholly owned lending facility called Ocala Funding. Ocala Funding raised money by selling asset-backed commercial paper to financial institutions, including Deutsche Bank and BNP Paribas, and used the money to purchase TBW mortgages. The facility was managed by TBW and had no employees of its own.
According to court records, shortly after Ocala Funding was established, Allen learned there were inadequate assets backing its commercial paper, a deficiency referred to internally at TBW as a “hole” in Ocala Funding. Allen admitted that in an effort to cover up the hole and to mislead investors, he told a co-conspirator to produce reports that concealed the hole. He also admitted that he knew that these misleading reports were sent to Ocala Funding investors and other third parties.
Allen also admitted in court that he kept the chairman of TBW informed of the collateral shortfall, and that in the fall of 2008, Allen was told that the hole had been moved from Ocala Funding to Colonial Bank. At the time that TBW ceased operations, the hole was approximately $1.5 billion. According to court documents, as a result of the Ocala Funding fraud scheme, Freddie Mac, Colonial Bank, and Ocala Funding investors believed they had an undivided ownership interest in thousands of the same mortgage loans.
***
Taylor, Bean & Whitaker Mortgage Corp.’s former chairman, Lee Farkas, ordered data sent to Colonial Bank for nonexistent loans in an effort to cover up the company’s growing deficits, a company ex-president said.
Raymond Bowman, 45, testifying yesterday for the government in federal court in Alexandria, Virginia, said Farkas in 2003 explained that the sale of “dummy” loans, known as Plan B, were necessary to prevent Taylor Bean from going out of business.
I told him I didn’t think it was a good idea, said Bowman, who pleaded guilty last month to conspiracy and to making false statements. Bowman said he thought the plan was unethical and possibly illegal.
***
By December 2003, Taylor Bean was overdrawing its account by about $150 million a day, the SEC said.
Bowman said “Plan B” was put into place by Farkas and Catherine Kissick, head of Colonial Bank’s Mortgage Warehouse Lending Division.
“Lee said we had two options,” Bowman testified. “Not do it and shut the company down. Cathy would lose her job and probably go to jail. Or, borrow money through Plan B, pay her back, and move forward.”
***
Desiree Brown, former treasurer of Taylor, Bean & Whitaker, the mortgage lender allegedly behind the August 2009 collapse of Colonial Bank, pleaded guilty in March to conspiring to commit bank, wire and securities fraud. Federal investigators linked TBW to a $1.9 billion scheme that defrauded the Federal Housing Administration, private investors and the Troubled Asset Relief Program. Montgomery, Ala.-based Colonial Bank ($25 billion in assets) was TBW’s biggest lender.
Brown, 45, of Hernando, Fla., could face up to 30 years in prison when she is sentenced June 10 by a U.S. District Court in Virginia. And more charges are expected from a separate enforcement action filed by the U.S. Securities and Exchange Commission against Brown.
The fate of Lee Farkas, once at the helm of TBW, remains to be determined. Farkas’ criminal trial began April 4 in Virginia. Farkas has pleaded not guilty to the 14 counts of conspiracy, bank fraud, wire fraud and securities fraud brought against him last year for his connection to TBW scheme.
***
As the former senior executive officer with Freddie Mac, Paul R. Allen joined the Ocala-based company initially as a consultant, eventually migrating over as the full-time CEO in charge of all company operations in August 2003.
As prosecutors began laying out his direct examination testimony for the jury Monday afternoon, Allen, 55, touched on the often grand promises extended by Lee Farkas, the company’s chairman, during his six-year run with the residential mortgage lender until it ceased all lending operations in August 2009 and eventually filed for bankruptcy.
For instance, when Farkas was leading a $300 million capital raise for Colonial BancGroup Inc. in 2009 so the bank could meet conditional approval for $550 million in TARP bailout funds, Allen said Farkas offered him a $5 million equity bonus that he could use to buy Colonial stock.
That figure stood out because in an average year, a typical bonus for him was about $100,000, said the former CEO. The TARP deal never went through and Allen never received that promised $5 million bonus.
***
On his part, Allen said he concealed the existence of this collateral shortfall on the monthly reports sent to credit rating agencies like Moody’s Investors. Established in April 2005, Ocala Funding sold commercial paper to investors to generate additional funding for Taylor Bean to originate and service residential mortgage loans.
By 2007, Ocala Funding restructured and brought in two new investors, Deutsche Bank and BNP Paribas. This helped funnel in $1.75 billion to the entity and pay off the old investors.
“Is that how you were supposed to use the money?” Assistant U.S. Attorney Charles Connolly asked Allen.
“No, sir,” the witness replied.
A former senior executive at Freddie Mac, Allen described Farkas as “a micromanager” who reached “far down the organizational level to have one-on-one conversations with people.”
Following one such unapproved discussion with a Colonial official, Allen said Farkas fired off a single-line missive to his email inbox, which read, “I am going to KILL you,” an exhibit that was published for the jury.
***
“There was that hole and if we were caught between a rock and a hard place, we would go to them and say, we need Plan B [loans],” Brown testified.
“We were stealing money,” she added.
Speaking in a deep, almost flat tone, the 45-year-old Hernando resident told the jury that Farkas’ residence, complete with a cabana and swimming pool, was “beautiful” — “kind of like walking through Silver Springs attraction,” she said, which she described for the courtroom, as “like a garden.”
“I used to say, if he wanted to drive a different car to work each day, he could — for a month at least,” the witness said, adding that her boss did use company funds to pay housekeeping staff.
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With respect to the “disappearing” SB 1259:
The Bill: Reference Title:Foreclosures: Proof of Ownership
Introduced by Senators Reagan, McComish: Biggs
AN ACT Amending Title 33 Chapter 6.1 Article 1. Arizona Revised Statutes By Adding Section 33-807.02: Relating To Deeds of Trust.
SB 1259 -
01 Be it enacted by the Legislature of the State of Arizona:
02 Section 1. Title 33, chapter 6.1, article 1, Arizona Revised Statutes,
03 is amended by adding section 33-807.02, to read:
04 333-807.02. Nonoriginator foreclosures; evidence of title;
05 remedy; attorney fees
06 A. FOR ANY BENEFICIARY WHO IS NOT THE ORIGINATING BENEFICIARY ON THE
07 DEED OF TRUST, THE BENEFICIARY SHALL RECORD A SUMMARY DOCUMENT REGARDING THE
08 BENEFICIARY’S LEGAL INTEREST IN THE DEED OF TRUST THAT CONTAINS THE FOLLOWING
09 INFORMATION IN CHRONOLOGICAL ORDER:
10 1. THE FULL NAME AND ADDRESS OF RECORD OF EVERY PRIOR BENEFICIARY ON
11 THE DEED OF TRUST.
12 2. THE DATE, RECORDATION NUMBER OR OTHER UNIQUE DESIGNATION OF THE
13 INSTRUMENT, AND A DESCRIPTION OF THE INSTRUMENT THAT CONVEYED THE INTEREST OF
14 EACH BENEFICIARY.
15 B. THE SUMMARY DOCUMENT PRESCRIBED BY THIS SECTION SHALL BE RECORDED
16 AT THE SAME TIME AND PLACE THAT THE NOTICE OF TRUSTEE’S SALE IS RECORDED
17 PURSUANT TO SECTION 33-808 AND A COPY OF THE SUMMARY DOCUMENT SHALL BE
18 ATTACHED TO ANY NOTICE OF TRUSTEE’S SALE THAT IS REQUIRED TO BE PROVIDED AS
19 PRESCRIBED IN SECTION 33-809.19C.
20 FAILURE TO PROPERLY RECORD THE SUMMARY DOCUMENT THAT DEMONSTRATES
21 EVIDENCE OF TITLE FOR THE FORECLOSING BENEFICIARY AS OF THE DATE OF THE
22 TRUSTEE’S SALE AS PRESCRIBED BY THIS SECTION RESULTS IN A VOIDABLE SALE.
23 D. ANY PERSON WITH AN INTEREST IN THE TRUST PROPERTY MAY FILE AN
24 ACTION TO VOID THE TRUSTEE’S SALE FOR FAILURE TO COMPLY WITH THIS SECTION AND
25 IS ENTITLED TO AN AWARD OF ATTORNEY FEES AS WELL AS DAMAGES AS OTHERWISE
26 PROVIDED BY LAW IF THE PERSON SUBSTANTIALLY PREVAILS, INCLUDING AN AWARD OF
27 ATTORNEY FEES FOR ANY INJUNCTION OR OTHER PROVISIONAL REMEDIES RELATED TO THE
28 CLAIM.
***
“ForeclosureIndustry.com” (Feb 6, 2011):
http://www.foreclosureindustry.com/2011/02/arizona-action-alert-support-sb-1259/
Arizona Action Alert! Support SB 1259!
“All Arizona homeowners should be interested in these changes to the Arizona foreclosure statute. It would require the recording of a certification regarding the complete chain of title prior to any non-judicial foreclosure not conducted by an originating lender, or the sale would be voidable. Attorney’s fees would be awarded if a homeowner had to sue to enforce this.”
***
Not surprisingly MERSCorp hired professional lobbyists to fight the bill.
(Findsen Law) http://findsenlaw.wordpress.com/2011/02/18/lobbyists-and-mers-hire-lawyers-to-kill-arizona-sb-1259/
“The bill passed through the Senate Republican caucus yesterday. MERS has reportedly retained Tri-Advocates, via Squire Sanders law firm (thought they used Quarles Brady law firm in Arizona?) to kill our bill, SB 1259, on Monday. Why are they so afraid of truth telling? A foreclosing party should be legally authorized. It should be easy to come up with a summary of transfers that must have already occurred at foreclosure, for the conveyances of real property interests in the deeds of trust to be legal. I’m glad that we’ve had an opportunity to create new jobs for lobbyists in Arizona but SB 1259 should pass. It’s a no brainer for Arizona citizens who oppose the theft of houses, and support transparency.
The bill should get a vote on Tuesday or Wednesday by the full Senate.”
***
Suggested reading – under Case Filings listed in links on the rightmost column of this blog. In particular The Ibanez Decision, Professor Randall Wray on the Grossman Ruling, and Randall Wray’s Nightmare on Wallstreet.
***
“Foreclosure Industry.com” (Feb 16, 2011): Bill Passes Senate
***
Mandellman Matters (Feb 24, 2011): Bankers Apoplectic Over Arizona’s Republican Dominated Senate Passing Chain of Title Bill, 28-2
Frankly, I don’t know where to begin. There’s just so much to say. It’s like a cornucopia of… well, lots of stuff to say. Bankers everywhere must be walking in circles, muttering to themselves, perhaps breaking out in hives. And I have to imagine that banking industry lobbyists are in some kind of trouble with their masters today, with phones being slammed down after CEOs have screamed:
***
You see, the Arizona State Senate has passed Senate Bill 1259, sponsored by Michele Reagan, which would require the lenders that didn’t originate a loan to produce the full chain of title, or risk the foreclosure sale being voided. The bill now goes to the House for a vote, but with the Senate having passed it by an overwhelming margin of 28-2, it would seem that its passage is a fait accompli.
According to the Arizona Senate’s FACT SHEET FOR S.B.1259, foreclosures; proof of ownership, the Bill’s purpose is as follows:
“Provides a chain of ownership during foreclosure proceedings and allows reimbursement of lawyer fees for injunctions or court cases that fail to prove ownership.”
I urge you to read his full article.
Since the bill has been passed, it appears to have “disappeared”, at least on the list of sponsored bills presented on Arizona State Senator Michele Reagan’s website:
http://www.azleg.gov/MembersPage.asp?Member_ID=47&Legislature=49&Session_ID=87
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Matt Weidner: Are the Banksters Powerful Enough To Make Legislation Disappear?
“I love that reruns of the Sopranos are back on. Remember Tony Soprano and the guys and the dark humor of the mafia? If they didn’t like someone, they were whacked….disappeared. But as I woke up this morning, I read on 4Closurefraud something that really blew my mind. It was an absolutely disturbing post from Mandelman Matters where he suggested that the banksters were able to make an entire piece of filed legislation….DISAPPEAR. “
****************
Mandelman Matters:
A Funny Thing Happened on the Way to the AZ House of Representatives… After passing the Senate 28-2… S.B. 1259 Completely Disappeared
Arizona State Senator Michele Reagan, was first elected to serve in the Arizona House of Representatives in 2002. In 2010, she was elected to the Arizona State Senate. She is Vice-Chairman of the Banking and Insurance Committee, and Chairman of the Committee on Economic Development and Jobs Creation.
Well, as you might remember from the article I posted on February 23rd of this year, she and her husband were sued by their servicer, Texas-based Colonial Savings FA, when they sent the bank a letter last July stating that they were planning to rescind their loan due to violations of the Truth in Lending Act or TILA.
Apparently, Senator Reagan found herself having a dickens of a time finding out who exactly owned her note, and she wasn’t at all happy about it. So, in response, and working with Arizona attorney, Beth Findsen, she sponsored Senate Bill 1259.
***
But that’s nothing more than just the industry’s standard scary bedtime story, nothing to get too excited about… at least that’s what I thought at the time.
So, I posted my article on Senator Reagan’s S.B. 1259 this past February and waiting anxiously to hear about its passage by the House. The governor, smart money was already saying, would sign the bill upon its passage. This was going to be good… don’t you just love Arizona, was all I could think to myself.
It was perhaps a little over a month later when I found myself packing my suitcase, about to leave for the greater Phoenix area on my second annual pilgrimage to watch Major League Baseball’s Cactus League during Spring Training.
I called an Arizona foreclosure defense attorney, Don Loeb, who lives in Phoenix, and who had suggested that we meet for dinner during my stay in the Valley of the Sun, and while I had him on the phone, I asked him about the status of Senator Reagan’s bill, as I had been unable to find anything about its status online. In fact, when I had searched for information on-line, S.B. 1259 seemed to be about something about firefighters… I was sure I was doing something wrong.
What I heard Don say, however, made no sense to me whatsoever and it simply wasn’t sinking in for the first minute or two… Don said S.B. 1259 was gone, replaced by something having to do with firefighting… he said I needed to speak with Beth Findsen to get the details.
Click here to follow Mandelman Matter’s conclusions.
hat tip: Implode-O-Meter, 4ClosureFraud, and Matt Weidner









