Kitchens v. Steele, 112 F.Supp 383 "A citizen of the United States is a citizen of the federal government ...
Murdock v. Penn., 319 US 105, (1943) "No state shall convert a liberty into a privilege, license it, and attach a fee to it." [Marriage, Travel, etc…]
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The 14th Amendment "created" federal (c)itizens. The Constitutional Republic created state (C)itizens. Take a look in an original copy of the Constitution. The word "Citizen" is always capitalized until you reach the 14th Amendment. From there on it is spelled in all lower cased letters. This indicates the change in status of Citizens.
Banks have become just mortgage servicing agents and foreclosure of your home is their new business model. Protect your home by learning about the tricks they play. (Newswire.net -- April 19, 2015) Los Angeles, CA -- Most homeowners are unaware that their mortgage banks make more money from foreclosure than actual payment. Mortgage banks give as few modifications as possible and comply minimally with statutes put in place to protect borrowers, all while employing tricks to “cash in” on homeowners’ defaults, pushing them to foreclosure. The banks take the risk of litigation because few people sue, but getting legal assistance as soon as possible can make the difference between homeowners asserting their rights or losing their homes while being bulldozed by the bank.
Securitization is the reason banks want homeowners to foreclose. When a bank assigns the risk of a loan to the investors of a securitized trust, the “bank” is no longer a traditional bank that gets the benefit when mortgage payments are made. Instead, the bank has become a servicer that actually benefits disproportionately from foreclosure on a homeowner’s property.
When foreclosure becomes a possibility, like when a borrower misses a payment or asks for a modification, the banks seize the opportunity for increased profit by foreclosure. According to Susan M. Murphy, Founding Member and Lead Attorney of Los Angeles based Advocate Legal, that is also when the bank will start to employ the following tricks:
Bank Trick #1: Refusing Payments
The bank refuses the check a homeowner sends in. The bank may offer a reason (for example, there’s a mistake on the account) or it might offer no explanation at all. The bank may even offer the homeowner a loan modification. The bank does this to delay the homeowner from immediately contacting an attorney to pursue a breach of contract claim.
Alternately, the bank may take trial payments in an effort to further delay the homeowner until the arrears (also known as the forbearance) becomes so great that the homeowner is ineligible for a loan modification or unable to repay the debt.
Eventually, the servicer combines this trick with other tricks, such as changing servicers, to draw the homeowner further into default.
Bank Trick #2: Switching Services During Modification
A homeowner gets a loan modification with one servicer and makes trial payments. The servicer advises the homeowner that it is switching servicing rights to another servicer.
The new servicer claims to know nothing about the modification and delays the homeowner for months waiting to get the relevant “paperwork.” No matter how many times the homeowner sends proof of the modification, the new servicer refuses to honor it.
It is a violation of California law to not honor a modification from a prior servicer but servicers know that most people will not pursue litigation.
Bank Trick #3: Breaching a Modification Contract
The homeowner gets a loan modification that includes a balloon payment of, for example, $50,000 after 20 years. After paying on this loan modification for a year and a half, the homeowner gets a new modification in the mail from the same servicer with a balloon payment of $150,000. No matter how many times the borrower calls the servicer, or tries to forward the existing modification, the agent will respond with a fixed script that does not acknowledge the prior modification but only talks about the new one. The confused borrower will feel like he or she is talking to a robot (on a recorded line, being monitored by a supervisor). Eventually, if the borrower does not sign and execute the new modification, the bank will begin to refuse their payments on the old modification.
The servicer will also create a paper trail that tells a different story than what is actually happening. If the bank is trying to stick a borrower with a new modification, the paper trail will show the borrower is refusing the modification and mention nothing about the old one. Eventually, the servicer will stop accepting payments unless the homeowner acquiesces to the new modification.
Bank Trick #4: Extra Fees & Escrow Accounts
The homeowner receives a bill for extra fees out of nowhere so that the mortgage payment becomes something the homeowner suddenly can’t afford. The servicer refuses to accept any “partial payment.” After that, the bank continues adding on fees each month, increasing the amount the borrower has to pay to reinstate. They may offer the homeowner a loan modification as a distraction to trick the homeowner into a longer default. Because the borrower thinks they are getting a modification, they will spend the money they would have put towards their mortgage and be unprepared to pay their arrears if the modification falls through, as it most likely will.
The servicer does all this while telling the borrower they are there to help.
The servicer may pay homeowner taxes early and then accuse the homeowner of not paying them. The servicer may point to a clause in the mortgage that says if the homeowner doesn’t pay the taxes, they can raise the interest rate. They may begin charging the homeowner for forced place insurance at a high rate even though the homeowner already has insurance. This is something the homeowner only finds out after-the-fact when trying to pay property taxes.
Bank Trick #5: False Notices
In a non-judicial foreclosure state, such as California, foreclosure is done by recorded notice. The Notice of Default states the amount of arrears that a homeowner must pay back to reinstate the loan.
Servicers uniformly overstate this amount by up to $20,000, which serves two purposes: (1) It scares borrowers with an inflated amount of arrears that they believe they can’t cure; and (2) It creates a paper trail for the bank so they can claim more money from investors.
Bank Trick #6: Multiple Modifications
The Homeowner Bill of Rights (HBOR) is recent California law that has protection built in for borrowers that apply for a loan modification. The bank must respond to the application with a denial or approval within a definite period. A denial must be in writing and must inform the borrower of the right to appeal. The bank cannot “dual track” a borrower by posting Notices of Foreclosure and Trustee’s Sale while reviewing the borrower for a modification.
There are big penalties for “dual tracking” by the bank, but only if it is the borrower’s first time applying. This is why a servicer will often deny a modification over the phone or encourage a borrower to apply again. Once a borrower becomes a serial modifier, the bank can dual track the borrower all it wants without statutory penalties. And, it will.
Banks use these tricks because they prefer foreclosure to loan modification. Murphy, whose practice focuses on litigation against lenders and servicers, goes on to note that servicers benefit more from foreclosure than from modification because of something called “creaming the debt.” If the servicers modify the loan, their penalties and fees might not get paid to them. When they foreclose, they get their penalties first, before the investors– which is the “creaming.”
Foreclosure is clearly the fattest pot of gold possible and it’s for this reason foreclosure is the bank’s primary goal.
Running out of options to keep his country afloat, Greek Prime Minister Alexis Tsipras ordered local governments to move their funds to the central bank.
With negotiations over bailout aid deadlocked, Tsipras needs the cash for salaries, pensions and a repayment to the International Monetary Fund. Greek bonds fell after the move, pushing three-year yields to the highest since the nation’s debt restructuring in 2012. The order was questioned by local officials and slammed by the leading opposition party.
The decree to confiscate reserves now held in commercial banks and transfer them to the central bank could raise about 2 billion euros ($2.15 billion), according to two people familiar with the decision. The move, reminiscent of step that cash-strapped Argentina has taken over the past decade, shows how time is running out for Tsipras, a point made by European officials who addressed the matter at IMF meetings in Washington in recent days.
“Central government entities are obliged to deposit their cash reserves and transfer their term deposit funds to their accounts at the Bank of Greece,” according to the decree issued Monday on a government website. The “regulation is submitted due to extremely urgent and unforeseen needs.”
A default on the country’s 313 billion euros of obligations and a euro exit would be traumatic for the currency area and plunge Greece into a major crisis, European Central Bank governing council member Christian Noyer told French newspaper Le Figaro in an interview published Monday.
Greece’s three-year yield jumped 183 basis points, or 1.93 percentage points, to 28.7 percent as of 5 p.m. London time. Credit-default swaps suggested about an 81 percent chance of Greece being unable to repay its debt in five years, compared with about 67 percent at the start of March, according to CMA data.
The new funds may be just enough for salaries and a 770 million-euro payment to the IMF due on May 12, the people said.
The move is a sign of the “dire liquidity situation for the Greek financial system as the government pools all liquidity available,” said Gianluca Ziglio, executive director of fixed-income research at Sunrise Brokers LLP in London. The “next step may be forcing all public-sector entities, including public-sector companies to do the same,” he said.
The Athens city council and the union of municipalities and communities in Greece will convene tomorrow to debate the order.
George Papanikolaou, mayor of the Athens suburb of Glyfada said that local officials have “a responsibility to serve our citizens and improve their living standards.”
Glyfada has cash reserves of about 16 million euros, he said in an interview.
Greece’s main opposition party decried the seizure.
“The deadlock that’s been brought on by the government can’t be paid for by using the wealth of the Greek taxpayer and through an internal default,” Kostas Karagounis, spokesman for the New Democracy party, said in a statement.
Argentina’s President Cristina Fernandez de Kirchner in 2008 nationalized about $24 billion of pension fund assets held in 10 private plans as her government struggled to find financing. The government justified the move as protecting retirement savings from the vagaries of the market.
Then in 2010 and again in 2012, Fernandez rewrote the central bank’s charter to allow the government to use foreign reserves for its own debt spending and payments.
Greece and its creditors remained at loggerheads with time running out. The sides haven’t even set 2015 budget targets, let alone policies to meet them, an official representing creditors said Monday, asking not to be named as talks aren’t public.
A spokesman for the Ministry of Finance declined to comment when contacted by phone.
European leaders want Greece to do more to revamp its debt-burdened economy, with progress to be reviewed on April 24 in Riga, Latvia, when finance ministers from the currency bloc meet. European Commission Vice President Valdis Dombrovskis said in an interview in Washington that creditors might need to wait until mid-May to see what Greece can deliver.
“The situation with Greece needs to be resolved soon,” Cypriot Finance Minister Harris Georgiades said in a Bloomberg Television interview Monday. “It would be a negative development if no progress is made at the meeting in Riga.”
That message was echoed by the Finance Ministry in Germany, Greece’s biggest country creditor.
“The coordination process must pick up considerable momentum and the responsibility for that lies with the Greek government,” ministry spokeswoman Friederike von Tiesenhausen said in Berlin.
Greek officials, including Deputy Prime Minister Yannis Dragasakis, remained defiant over the weekend, saying the government won’t betray its electoral promises and worsen the pain that came from previous austerity measures.
While “so-called” partners, including unidentified IMF officials, want to “blackmail” Greece into adopting measures that would hurt the working class, “we won’t betray the people’s mandate,” Energy Minister Panagiotis Lafazanis said, according to an interview published Sunday in Athens-based Real News newspaper.
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Marbury v. Madison, 5 US 137,(1803) "The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law."
Current Visitors: 10
(Members: 3, Guests: 7)
Colgate v. Harvey, 296 U.S. 404; 56 S.Ct. 252 (1935) “The governments of the United States and of each state of the several states are distinct from one another. The rights of a citizen under one may be quite different from those which he has under the other”.
Definition of a banker
"Definition of a banker: A man who loans you an umbrella when the sun is shining, asks for it back at the first sprinkle of rain, and doesn’t own the umbrella in the first place." (anonymous quote, circa 1949)
United States v. Cruikshank, 92 U.S. 542 (1875) “We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of it’s own...”
...the greatest menace to freedom is an inert [passive, ignorant, and uneducated] people [who refuse, as jurists and voters and active citizens
, to expose and punish evil in our government]
[Whitney v. California, 274 U.S. 357 (1927)]
Shuttlesworth v. Birmingham, 373 US 262, (1969) "If the state converts a liberty into a privilege, the citizen can engage in the right with impunity."
“Most of the important things in the world have been accomplished by people who have kept on trying when there seemed to be no hope at all.”
U.S. v. Rhodes, 27 Federal Cases 785, 794 (1866): "The amendment [fourteenth] reversed and annulled the original policy of the constitution"
Walker Todd Affidavit/Exhibit: A once Federal Reserve Attorney talks about how money is created out of thin air and more.
One of the best tools I have seen in explaining the U.S.
Banking system. Do not let this go by not reading it. Powerful is
the only thing I can say. Click here to read the
Walker Todd Affidavit. Attorney for the Federal Reserve Bank of New
Wadleigh v. Newhall 136 F. 941 (1905) “The rights and privileges, and immunities which the fourteenth constitutional amendment and Rev. St. section 1979 [U.S. Comp. St. 1901, p. 1262], for its enforcement, were designated to protect, are such as belonging to citizens of the United States as such, and not as citizens of a state”.
"Humility is the Christian's greatest honor; the higher men climb, the farther they are from heaven." — Burder
U.S. citizens are not under the Bill of Rights!
The US Supreme Court says that Fourteenth Amendment citizens are not protected by the Bill of Rights! --- United States v. 24 Federal Cases 829,830 (1873): "The rights of Citizens of the States, as such, are not under consideration in the fourteenth amendment. They stand as they did before the adoption of the fourteenth amendment and are fully guaranteed by other provisions."--Sounds to me like you would want to be a state Citizen or Republic Citizen, but not a Corporate U.S. Citizen under Title 28 Section 3002.