Foreclosuregate: Sue Judges Who Allow Fake Foreclosures

Table of Contents

  • In the Light of Foreclosuregate There Are Thousands of Bad Judges
  • It Is Difficult to Sue Judges Without First Exposing Them
  • So How Does the UCC Code Affect Foreclosures
  • Foreclosuregate In the News
  • Foreclosuregate Information
  • Facing Foreclosure Issues? Here Are Foreclosure Resources

In the Light of Foreclosuregate There Are Thousands of Bad Judges. But See the New Update in the News

In the light of Foreclosuregate, not so named by CNBC and the bankster crowd, there are many bad judges. In fact, the definition of a bad judge is one who fails to protect the unrepresented. Many people are being foreclosed on. And they are not being represented, as the alleged holder of the mortgage and IOU actually gets the judge to look the other way, as it is found that the servicer of the mortgage does not have the IOU. Foreclosures have been allowed by crooked judges in cases where the IOU has been lost! And why were they lost? Well, it was because of the need for companies to hide the crap loans put together in the MBS bankster scam.

So, the problem is that you have very unethical judges who are rubber stamping a foreclosure without the IOU being in anyone's possession. There are two issues that make this a serious offense:

1. The courthouse does not have the IOU. The courthouse has a copy of the deed, but not the IOU. But the IOU is required in order to determine the terms of the loan, and the owner of the mortgage.In many cases, the IOU has been lost, and in many cases was hidden or lost on purpose in order to fool investors into buying mortgage backed securities, you know, the crap bonds that were rated AAA but that really had junk attached!

2. Since the IOU has to be registered with the trustee of the MBS at the investment bank within a certain period, Title is clouded and broken when the investment bankster wants to hide this bad loan from potential investors. As it turns out, the investment banksters never bothered to convey the documents to the trustee of the Mortgage Backed Securities in the first place. This is both mortgage and securities fraud and it breaks the Title. In reality, these trustees don't own these mortgages because the IOU's cannot be reconstituted.

Warning: Sheila Bair, FDIC chairwoman wants a global solution, which means some foreclosure victims may get some dubious modifications in exchange for legal immunity for the TBTF banks. But what about all the folks already unjustly evicted? What about justice for past and future abuses. Tell Sheila you don't want this! Tell your state attorney general that you oppose the global solution.

Update: According to Business Insider, the Massachusetts Supreme Court has ruled against the banksters for failing to have the necessary paperwork to foreclose, hence no foreclosure is possible. A little justice can happen once in a while. I hope the sorry judges in states where this just ruling is not law will be ashamed of themselves and forced to act! I am happy Massachusetts was first because this is where the Revolutionary War started to rid the colonies of the oppressive money changing from the Bank of England, a private central bank. The founding fathers would have put the banksters in jail who allowed the ponzi lending scam with the blessing of the central bankers at Basel 2 in 1998. Through off balance sheet banking, the money changers were permitted to hide bad loans from investors, bondholders and all manner of unsuspecting people.

It Is Difficult to Sue Judges Without First Exposing Them

The first part of the process is to expose judges. If there is a judge that allows a phony IOU, list that judge with Caught.net.

Judges who are doing fraudulent things at the state level, like foreclosures, can be sued in Federal Court. It is difficult to sue a judge. And yet, perhaps a class action against judges would at least publicize their behavior so that they would be more reluctant to go along with the bankster claims of title.

However, it is possible to appeal. And people with the means who want to make the court own up to injustice can do so.

We know that Florida has a bunch of Kangaroo courts, rubber stamping foreclosures that have no clear title. Naked Capitalism Blog has been at the forefront of this exposure of judicial misconduct.

In order to buy some time for the borrower, it is time to clog the courts with paper. I advocate clogging the courts with all manner of lawsuits and motions. People need to stay in their houses as long as they can, because they have been scammed in the first place. Yes, the scam is primarily an injustice against investors, but no one can doubt that borrowers have been scammed by this process as well. Just learning about Foreclosuregate will make it clear that borrowers have been victims of a process that would have been stopped dead in its tracks had investors had access to the IOU's showing how bad the loans were that went into the MBS's. Investors would have stopped buying these fraudulent bonds long ago.

As it is, since these securities, the MBS's, are fraudulent, I hope investors seek major damages from the investment banksters. The entire credit crisis and private MBS scam was caused by lax regulation and a plan instituted by Basel 2. Confronting this system in court will be a start. We need to discuss whether securitization for mortgages is something that should even be permitted.


Squat In Your Own Home. Don't Pay. Show Me the Note!

Here Are Deceitful Practices Foreclosure Attorneys Should Not Be Engaged In.

I found this comment at this article at Business Insider:

-Deliberately use defunct lenders, lenders without "standing" for false civil and bankruptcy foreclosure proceedings
-Create and conceal malpractice foreclosure delays and engineer billable litigation
-Orchestrate sham foreclosure auctions; property never acquired by lenders, but 'straw buyers'
-Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits
- Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities
-Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar
-Intentionally false Bankruptcy court "Motion to Lift" and "Proof of Claim" on behalf of non-existent lenders which conceals fact of a "non-secured" mortgage debt
-Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance
- Fraudulent foreclosures abet loss of property taxes to city revenue, and invites rodents, vagrants
- Thousands of families made unlawfully homeless from null foreclosure proceedings


Here is the original link to the petition.

So How Does the UCC Code Affect Foreclosures.

First a disclaimer, this is not legal advice. This webpage does not in any way tell you how to proceed but rather gives some possible suggestions that you may be able to explore with your attorney.

So, as it turns out, the UCC Code generally requires that the proof of transfer from the lender to the investment bank can be proven. The IOU can be reconstructed if this link can be proven. There may be other laws which say title is broken, and in those cases, Title Insurance Companies may choose to hold off. But UCC requires a connection regarding transfer. This is where the banksters made a major fraud. The investment bankers who took these mortgages from the lenders never conveyed the documents. Since there was no proof of transfer, the bonds or I should say the trust for the bonds do not own the mortgages. This is major mortgage and securities fraud. This is where the court has to be careful that there are not a lot of phony documents. Congress should pass a law with serious penalties for those caught forging documents, getting fake notaries, etc. But congress was intent on doing just the opposite, as Diana Olick exposed regarding the robo signatures.

The courts that refuse to require proof of this transfer link must be exposed and their judges held up to severe ridicule. Lets hope that happens in the coming months.

Judge Ignorant of UCC Rules Against Borrower

Jennifer Brunner Fights The Banksters

Bad Judge List

Here are judges who have decided not to watch out for the underrepresented. Phone them and tell them to follow the law. Tell them to throw the bogus affidavits out of their courthouses! This is about due process and the validity of evidence you bad judge shills for big banksters.

W. Douglas Baird (727) 464-3233

Jack Cox (561) 355-3496

J. Rogers Padgett

Illinois Circuit Court Judge Chris Freese. (Unconstitutional Debtor's Prison Judge)

Bad Attorney List:

Attorneys listed here may have violated evidence requirements and due process in courts of law. Innocent until proven guilty, but we hope they will be criminally investigated.

Steven Baum New York

David Stern Florida

Florida Default Law Group

Bad Government List:

State of Florida


Critical Condemnation of the Conspiracy of MBS

A Good Ruling By Good Judges (At Least In This Ruling)

Arkansas Supreme Court Ruling, yet bad judges have ignored this for over a year:

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., APPELLANT, VS. SOUTHWEST HOMES OF ARKANSAS, APPELLEE

No. 08-1299

SUPREME COURT OF ARKANSAS

2009 Ark. LEXIS 121

March 19, 2009, Opinion Delivered

Further, under Arkansas foreclosure law, a deed of trust is defined as “a deed conveying real property in trust to secure the performance of an obligation of the grantor or any other person named in the deed to a beneficiary and conferring upon the trustee a power of sale for breach of an obligation of the grantor contained in the deed of trust.” Ark. Code Ann. § 18-50-101(2) (Repl. 2003). Thus, under the statutes, and under the common law noted above, a deed of trust grants to the trustee the powers MERS purports to hold. Those powers were held by East as trustee. Those powers were not conveyed to MERS.

MERS holds no authority to act as an agent and holds no property interest in the mortgaged land. It is not a necessary party. In [*11] this dispute over foreclosure on the subject real property under the mortgage and the deed of trust, complete relief may be granted whether or not MERS is a party. MERS has no interest to protect. It simply was not a necessary party. See Ark. R. Civ. P. 19(a). MERS’s role in this transaction casts no light on the contractual issues on appeal in this case. See, e.g., Wilmans v. Sears, Roebuck & Co., 355 Ark. 668, 144 S.W.3d 245 (2004).

Finally, we note that Arkansas is a recording state. Notice of transactions in real property is provided by recording. See Ark. Code Ann. § 14-15-404 (Supp. 2007). Southwest is entitled to rely upon what is filed of record. In the present case, MERS was at best the agent of the lender. The only recorded document provides notice that Pulaski Mortgage is the lender and, therefore, MERS’s principal. MERS asserts Pulaski Mortgage is not its principal. Yet no other lender recorded its interest as an assignee of Pulaski Mortgage. Permitting an agent such as MERS purports to be to step in and act without a recorded lender directing its action would wreak havoc on notice in this state.

Affirmed.

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Comments 24 comments

Hello, hello, profile image

Hello, hello, 5 years ago from London, UK

I am not surprised. I had my doubts many times about these so called judges wherever they are.


Micky Dee profile image

Micky Dee 5 years ago

This INJUSTICE SYSTEM of the US has not worked since 1780 or so. The statement I've just made is not up for debate. The evidence is just incredibly OVERWHELMING and NC courts have recently come under scrutiny AGAIN.

We have lawyers running a court system that is THEIR ATM machine. They act out a dram they care little aboout in aq court room.

Lawyers nominate lawyers to run for office. We have lawyers deciding the FUTURE! The job of a lawyer is to get AROUND the LAW!

Gee! Why doesn't our country work?


bgamall profile image

bgamall 5 years ago from Las Vegas, Nevada Author

Yes guys, it has been said that attorneys make bad judges. It is a character requirment that judges are fair. Lawyers simply want to win.


justom profile image

justom 5 years ago from 41042

Imagine that, crooked and unethical judges. Judges do exactly what they want to do and just like lawyers are rarely held accountable. The legal system is a system of cronyism beyond anyone's wildest dreams. My father worked in that shitstem his whole life and I've never seen anything like it, it's VERY deep rooted. Peace!! Tom


bgamall profile image

bgamall 5 years ago from Las Vegas, Nevada Author

Thanks Tom. But they can be exposed and humiliated. That at least, is a start.


justom profile image

justom 5 years ago from 41042

I agree! I try to do that whenever I can. Tom


bgamall profile image

bgamall 5 years ago from Las Vegas, Nevada Author

Yes, if people have an adverse reaction in court because of a bad judge there is a link on this site where you can register the information and let the world know.


LRCBlogger profile image

LRCBlogger 5 years ago

ugh, where is the accountability, it seems that responsibility is often blown away in the wind... thanks for writing this


bgamall profile image

bgamall 5 years ago from Las Vegas, Nevada Author

YW, LRC. Thanks for the encouragement. I hope people will become bold so that if they can't get title, they can at least get a significant settlement from the banksters, so that this NEVER EVER HAPPENS AGAIN.


parkersarah8415 profile image

parkersarah8415 5 years ago from USA

Why should a hire a lawyer if the judge has decided what to do from the beginning?


bgamall profile image

bgamall 5 years ago from Las Vegas, Nevada Author

I am not an attorney, so I can't make that call for you. However, as the courts become more aware of these false affidavits they are becoming more and more concerned from what I read. You may be able to fight a foreclosure based upon this fraud, but again, you should probably talk to an attorney who has some experience. There are resources here that can help you if you need to bounce your concerns about what an attorney would tell you.

A local attorney will likely know how things are going with the judges in the area.


White Horse 5 years ago

"There is legal precedent for this in relation to attempted foreclosures. Judge Christopher A. Boyko of the Federal District Court in Cleveland dismissed 14 foreclosure cases brought on behalf of mortgage investors, ruling that they had failed to prove that they owned the properties they were trying to seize." http://www.opednews.com/articles/The-worst-is-yet-...


bgamall profile image

bgamall 5 years ago from Las Vegas, Nevada Author

Nice article. Isn't that the truth that this is a massive fraud. My view is that it is not only massive fraud but that it was premeditated fraud.


N24REAL 5 years ago

GA. These bunch of hillbilly judges don't even know what they are talking about. Had one try and explain what a "trust" was the other day. No, not a securitized trust, I wasn't allowed to bring that up. As a matter of fact, I wasn't allowed to say anything really. So, now on to the next court.....where a Superior court judge has told me to get an attorney. In other words, he is saying, get an attorney or you are gonna lose!!!! Bad, bad. On another hand, you can get in federal court and have Jack T. Camp on your case; you all know he was sentenced Friday on drug charges and having sex with a stripper. And these jerks are fit to say that I have to give up my house??? Doesn't sound like justice to me....


bgamall profile image

bgamall 5 years ago from Las Vegas, Nevada Author

Justice does not seem to be the motive for these judges to act, which of course undermines the judiciary.


dani 5 years ago

jail all judges that do not give due process of the law to the people and allow banks to steal homes


bgamall profile image

bgamall 5 years ago from Las Vegas, Nevada Author

I wish that would happen. Some judges are coming around but others are still up to their old tricks, undermining the financial system.


dani 4 years ago

nj judges are the most ignorate and anti people ,they will not give a home owner any due process and will allow banksters to steal homes by way of fraud without even asking them to prove that they even own the loans


fupducked *...* 4 years ago

Full disclosure does not exist, and contract law is designed to fleece the little guy, so as to reward our 'betters' for the fine job they've done. And that is and has been, running this once-idyllic country into the ground. Sad...


DANI 4 years ago

NJ COURTS ALLOW BANKSTERS TO STEAL HOME BY FRAUD NEVER EVEN MAKE THE BANKS PROVE THAT THEY OWN THE LOANS.

WE WANT IN NJ ATTORNEY GENERAL LIKE IN NY HAVE AND NEVADA HAVE SOMEONE THAT PROTECT THE PEOPLE AND INSURE DUE PROCESS AND FAIRNESS AND NOT WORK FOR THE BANKSTERS

AND BELIVE THEIR FRAUD. OUR COVRENOR CRESTIE SHULD WAKE UP AND HELP THE PEOPLE OR WE THE PEOPLE WILL NEVER VOTE FOR HIM


bgamall profile image

bgamall 4 years ago from Las Vegas, Nevada Author

I am sorry that your situation proves my point, that the law means nothing to judges, AG's, or bankers in many situations. Best wishes, Dani.


Minister Johnson 3 years ago

he next housing shock

FEDERAL COURT JUDGE & WELLS FARGO BANK COMPLICITE IN FRAUDULENT DOCUMENT COVER UP.

5, JULY 2013 WRITER

On May 11, 2010, Lamont Johnson a Sacramento, California picky pay loan victim filed an action against Wachovia Bank FSB and its agents in the Northern District of California. Facing foreclosures and evictions by Wells Fargo Bank Johnson with little cash attempted to become a part of a pending Class Action case filed in the Northern District before Judge Jeremy Fogel (Mandrigues v. World Savings Bank, Inc., et al.) Upon Filing his case, Johnson immediately served Wells Fargo banks, Unlawful Detainer Attorney, Fred Kaiser. Wells Fargo Attorney Kaiser ignored the complaint. Johnson’s case was subsequently transferred from the Northern District to the Eastern District of Sacramento on October 21, 2010 Case NO. 2:10-cv-02839, Johnson vs. Wachovia Bank FSB et al. Johnson initially filed his case Pro Se and later hired Attorney Roxanne Mosley. Mosley represented Johnson for a short period of time eventually abandoning Johnson’s case.

On or about August 31, 2011 Johnsons case came before newly appointed Eastern District Court Judge Carolyn Delaney. October 6, 2011 Delaney filed an Order to Show Cause. On October 21, 2011 Johnson filed a Substitution of Attorney and a response to the Delaney Order to show Cause. Just entering the case, Johnson had been requesting from Delaney time to restructure and update his claim because there were defects in his First amended complaint and so much more violations that had occurred since Johnson’s original filing. Delaney denied Johnson that opportunity and on April 11, 2012, Document Query 46, Delaney ordered Johnson to Serve on Defendants Wells Fargo Bank Johnsons defective complaint drafted by Johnson’s previous Attorney Mosley. Defendants Wells Fargo Bank after being served immediately filed a Motion to dismiss. Delaney thereafter decided on her own and in violation of her oath, her duty and the law, set Johnsons case on a course to intentionally dismiss his case.

As Johnson filed his opposition to Defendant Wells Fargo Banks, Motion to dismiss, Johnson attached his proposed Second amended complaints to his answers, despite Delaney’s attempt to stop him from repairing his claims. Johnson added claims of Quiet Title, Racketeering under Rico, Mail Fraud, Wire Fraud, Conspiracy to foreclose using false and fraudulent document and affricatives. Johnson attached documented evidence showing that Wells Fargo Bank employees robo-signed and used forged and false documents to foreclose. Some of Johnsons attached evidence show that documents were notarized but not even signed. Johnson even attached documents that were back dated. To top it off, Johnson showed that defendants made a material alteration on his Deed of Trust for his Yorktown Property. It was changed from its original form and filed with the wrong address. Johnson’s Yorktown property Deed of Trust clearly illegally had an unreferenced attachment to it in an attempt to repair the defect in the legal description. The attachment was done after Johnson signed the contract. What was most difficult for Johnson to deal with was that he was disabled and going through a major depression and stress at the time and seeking counseling. Johnson always informed Delaney in his documents to be patient with him because he was going through this and it will take him more time to complete his Second Amended complaint. Delaney ignored Johnson’s documents.

On September 12, 2012 Delaney moved forward with defendant Wells Fargo’s Motion to dismiss trail. Transcripts show that District Court Judge Delaney conducted the trial to look procedural, but it was a sham trial. Despite all the evidence of fraud , and serious causes of actions Johnson claimed, Delaney intentionally and in violation of her oath and Duty suppressed all Johnson’s arguments, case law, arguments and evidence and refused at the hearing to allow any allegations of fraud to be put on record. Delaney asked both Johnson and Defendants Wells Fargo one main question. What is your legal theory? Delaney thereafter dismissed Johnson’s unfinished second amended complaint on the spot.

The mistake that District Court Judge Delaney made was that she drafted, filed and mailed fraudulent Findings and Recommendations conclusion order #65 that dismissed Johnson’s case by intentionally misrepresenting Johnson’s legal theory and by suppressing Johnson’s legal arguments and Fraud evidence that were attached to his complaint. Delaney intentionally drafted her order to construe around case law and evidence Johnson presented as if they did not exist. District Court Judge Delaney knew of Defendant Wells Fargo Banks fraudulent activities. They were common knowledge. Delaney’s employer along with 49 other States Attorney Generals, were part of a nationwide Class Action which identified the same fraudulent conduct by these same defendants. Delaney intentionally suppressed Johnson’s evidence because she did not want a Pro Se Plaintiff (Johnson) to win his case. District Court Judge Delaney knew that if she acknowledged verbally or in writing the fraud that she would be required to leave Defendants Wells Fargo Bank right where they stand without a defense. Delaney refused to allow this to happen as duty required her to do. In fact, in Johnson’s current appeal, he claims that the District Court altered the trial transcripts when it found out he was going to appeal the decision. All allegations are on the online Pacer cite. The Courts suppression of the banks fraud is clear. Johnson’s appeal outlines the Courts legal violations. Johnson is currently awaiting the appeals Court ruling in the ninth Circuit in Sacramento, California. Johnson believes that the appeals Court will help the District Court Judge cover up her fraudulent conduct. Watch for yourself. This will make Johnson a victim again and never hold the banks liable. In California, no person has won a Quiet Title Claim in our Eastern District Court. This can only be intentionally done and created by the District Courts own agenda policy because it is not by law. Johnson filed documents in the Appeal Courts that show that The District Court Judge was acting unlawfully. Johnson showed that the Judge regularly dismisses Pro Se Plaintiffs cases whom showed the Court Fraudulent documents. The Courts are trying to stop the flood of cases being filed by violating the Constitutional right to a trial of the Plaintiffs even when it sees the fraudulent documents. It is not suppose to do this. This is not the Courts job and it is illegal.


bgamall profile image

bgamall 3 years ago from Las Vegas, Nevada Author

Carolyn Delaney is a dirty rotten judge. There is a higher judge and she will not want to go before that one. http://newcovenanttheology.com

I am sick of these judges perverting the system to insure no justice for the TBTF banks. They have clearly broken the law, lied to the courts with robosigning and the courts do nothing. Shameful.


Consumer Rights Defenders Needs Attorneys who "get it." 2 years ago

Call us if you can assist in Fla foreclosure cases defend the homeowners.

Ask for Steve or Sara at 818.453.3585. Helping the homeowner with powerful litigation strategies

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