Community Voices Beware The Banksters

Published on July 16th, 2013 | by Zamná Ávila

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Letter from a Proud Progressive

 It is way past time for the Progressives of California to rid this State of the oppressive, Non-Judicial Foreclosure Laws [ California Civil Code §§ 2924 et seq,, et al] that allow Banksters to take away your home-sweet home without first going before a Judge (or conceivably, a Jury) to prove their ‘right’ do so.

Because of California’s Non-Judicial Foreclosure Laws, Banksters need only mail and post notices of their ‘election’ to foreclose before their ‘Judge’, the  Foreclosure Trustee Auctioneer, gives away your home-sweet home to the highest Bidder—or more likely, back to the Banksters, but now free and clear of your Title.

Such ‘progressive’ States as Florida and Ohio don’t allow Banksters such easy pickings.   In those—and indeed, many other States, Banks, Mortgage Lenders, and their Assignees must first seek the judicial remedy of foreclosure by filing a lawsuit and providing—( guess what? ) —the homeowner a proper Due Process opportunity to be ‘heard’ by the Judge (or conceivably, a Jury) why these Banksters should not have such a Draconian Right to take your home and throw you out on the street.

May I suggest a direct action solution?   Seize the INITIATIVE !   Let’s begin circulating now, An Initiative Petition to place on the 2014 Statewide General Primary Election, a California Constitutional Amendment outlawing the use of the Non-Judicial Foreclosure Process for homeowner-occupied real properties, i.e., your home-sweet home.  [ Commercial property and all those single family and townhouses owned “absentee” by the house-flipper crowd would not get the benefit of this homeowner protection provision.]

You say: “The Courts are clogged up already and can’t afford to dispense any more justice?”  Well, that’s exactly the idea behind this progressive proposal.

It will be up to the Banksters to file their lawsuits, to pay their filing fees, to beg for their day in the crowded courts, and ultimately, to prove their bono fides—without ‘robo-signatures’ by pretend-to-be bank officers who pretend to have personal knowledge about your mortgage.  As Snoopy (of “Peanuts”) once observed to Lucy:  “A case like that could drag on for years!”  Meanwhile, our homeowner stays—secure under Court restraining Order—in his/her/their home sweet home until Judgment Day—or even, a final Ruling by a Court of Appeals another year later!

Maybe, just maybe, the Banksters will find it more economical to negotiate (a Loan Modification) with you, the homeowner, than to litigate?

Better minds than mine need to consider and draft around such stumbling blocks as “sanctity of contract”, “ex post facto”, federal “supremacy”, and other speed bumps that the Banksters shills and lobbyists are sure to set up.   After all, while dismantling the Banksters’ Due Process destructive device {Non-judicial foreclosures}, we would not want to do anything Un-Constitutional, would we?

Even if the Initiative were allow for concessions to the banks that originated the mortgage loans, let’s make sure that all those “Assignees”—you know, the one’s who suddenly, out of the blue, send you a letter announcing they are your new “loan servicer”—first provide you, the homeowner, the judicial Due Process they paid only pennies on the dollar to deny to you,

Without naming names, these “assignees”, substituted “beneficiaries”, or other such role-players in California’s antiquated non-judicial foreclosure process are the real thieves in the night.  Their offices are out of State; and their owners and investors are not California bank depositors.

But you can bet your bippy that they intentionally purchased the easily exercised right to foreclose on yours, and your neighbors’, and 10,000 other Californians’ home sweet home.   Let’s make it a little less easy and make it take a lot longer.   And, let’s put them to the test of whether they can prove their case.

By the way, spill no crocodile tears for the Banksters and their buddies.  That mortgage money they ‘loaned’ you did not come from their depositors for the most part.   Rather, the Banksters bellied up to the Federal Reserve window—not open to you or me—pushed 75 cents in and got $ 100.00 out.   The Federal Reserve—a banker’s paradise, backed up by (you guessed it) the American taxpayer’s “full faith and credit” pledge —-simply creates the Federal Reserve Notes to sell to the Chinese, and others to back up the dollars they gave to the Banksters to fund your mortgage loan.

Now for the tough part.  Progressives need to gather at least ½ Million signatures standing outside the local supermarket, or better yet, going door-to-door among the distressed, financially underwater, homeowners still trying to find intelligent, and reasonable, life in Bankster land.  After getting the requisite Petition signatures, Progressives then need to get out the vote and rewrite the California Constitution to serve better the People of this Great State of California.

 

Bill Roberson,

Proud Progressive

 

 

 

 

 

 

 

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