Friday, 27 September 2013

Big Blow To USA Banks On Foreclosures

SOUTH CAROLINA COURT HOLDS THAT FORECLOSURE LAW OF U.S. SUPREME COURT TRUMPS EVERYTHING: 

FORECLOSING PARTY MUST OWN BOTH THE NOTE AND THE MORTGAGE TO FORECLOSE

This article was taken from Foreclosure Defence Nationwide website: 
To read the original article please click here: http://foreclosuredefensenationwide.com/?p=530
Use this information to protect yourself if you have to face the banks in court.
Also see www.newera.org.za for questions you should pose to the banks - re documents they need to present to the judge in a foreclosure case. If there is no wet-ink agreement (original), there can be no hearing or trial. Stick to this as strongly as you can. If only I had known this 3 years ago, our cases in SA would have gone very differently.

Article - September 20, 2013

In a stunning ruling from the Ninth Judicial Circuit Court of Common Pleas of Charleston, South Carolina, a Judge has issued a detailed, 4-page written opinion dismissing a foreclosure action filed by Deutsche Bank National Trust Company as the claimed trustee of an IndyMac securitization, holding that DB failed to show that it was the owner and holder of the original Note and Mortgage at the time the Complaint was filed. FDN South Carolina network counsel Bill Sloan, Esq. represents the homeowner and prepared and argued the homeowner’s Motion to Dismiss.
Counsel for DB made the familiar argument that it had possession of the original Note endorsed in blank, that the Note was a negotiable instrument under the UCC, that the Mortgage follows the Note, and that thus DB had established its right to foreclose. The Court disagreed, citing precedent from the United States Supreme Court’s decision in Carpenter v. Longan, 83 U.S. 271, 16 Wall. 271, 21 L.Ed. 313 (1872) which the Court found “clearly supports the notion that the Plaintiff must own the Note and the Mortgage to foreclose on the property (emphasis in the opinion).” The Court determined that “Plaintiff failed to show that it owned the Mortgage at the time the Complaint was filed”, and also noted that the Mortgage shows MERS to be the mortgagee but that “MERS is never mentioned in the Note.”
The Court stated: “It is clear that to have standing in this foreclosure case, Plaintiff must not only be the holder and owner of the original Note, but also the Mortgage as well. Plaintiff’s Complaint in this case fails to meet this criteria. Plaintiff lacks standing to initiate and prosecute the foreclosure, and dismissal pursuant to Rule 17(a) and Rule 12(b)(6) SCRCP is appropriate.”
This ruling is based on foreclosure law from the United States Supreme Court, which trumps any contrary state law which does not require the foreclosing Plaintiff to own both the Note and the Mortgage at the time that the foreclosure Complaint is filed. This ruling demonstrates the essential fallacy in the “UCC, I have the Note, mortgage follows the Note” theory espoused by every attorney for the banks and servicers. What remains to be seen is whether the judiciary handling foreclosure cases will follow the law of the U.S. Supreme Court or not.
A copy of the Order is available upon e-mail request.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

Garnishee Orders - The Most Blatant Evidence of Slavery



Sharing a critical message from the New Economic Rights Alliance on behalf of Scott Cundill and co.


While this is aimed at people in South Africa, it applies to everyone in all countries whose bank accounts are being raded unlawfully every month to settle some debt. Please use this information to help those in need against the criminal banksters and their pitbull lawyers. 

We need to help the 2-5 million South Africans who are being exploited by illegal garnishee orders or "EAOs."
NewERA has teamed up with a technology and Internet marketing partner, The Majestic Way, to help us get the message across to the people and rally the troops (if you are a business, please check out Majestic). We are also working with the Debt Counselling Industry and the Mascansdane Club who are assisting people and companies stop this nightmare that exploits around 40% of South Africa's workforce.
Step 1. Send this letter to your financial director and / or your payroll officer.

Step 2. If you are that person, please consider STOPPING all garnishee orders / EAOs from being deducted from salaries until the required information has been provided to you.

Step 3. Write to the credit provider to whom you are paying the order. Ask them to provide you with the information below:
  1. A copy of the loan agreement.
  2. The latest statement of account from inception of loan to date.
  3. A complete and detailed breakdown of legal costs (this must be itemised, do not accept a general figure)
  4. Proof that the required letter (in terms of Section 29 of the National Credit Act) was sent to the consumer.
  5. Registered letter slip for above, or signed receipt by debtor if handed to him personally.
  6. The debtor's written consent to jurisdiction, judgment and the EAO.
  7. The appropriate extract from civil judgment, duly stamped and signed by the clerk of the issuing court.
  8. The complete emolument attachment order.
  9. The Sheriff's return of service of the order.
In nearly all cases, you will not get the required information. At least 85% of them are illegal. For research and confirmation of this, please listen to this interview (episode 11): http://downloads.newera.org.za/TheNews/ and read these articles:
http://www.iol.co.za/business/news/garnishee-orders-escalate-woes-for-debt-stressed-consumers-1.1567846
http://www.itinews.co.za/companyview.aspx?companyid=22813&itemid=F1DEEC45-76A7-4F99-86BC-977C52B58F7D
http://mg.co.za/article/2012-11-30-00-ghastly-garnishee-abuse-exposed
http://www.bizcommunity.com/Article/196/512/100772.html

You can help the people of South Africa, merely by hitting the forward button. Send this to your senior management and let's stop illegal garnishee / EAO abuse today. Also join our petition here.


THE NEW ECONOMIC RIGHTS ALLIANCE

Michael of the family tellinger

Wednesday, 25 September 2013

A World Without Money

Michael Tellinger shares an extract from his full 2-hour presentation at the Global Breakthrough Energy (BEM) Conference in Holland during November 2012. This is part of his continued research into the origins of humankind, the vanished civilisations of southern Africa, origins of money, fraudulent corporate governments and the banksters that control them.
"Let us move from a money driven society to self governing global communities driven by people and their passion for life and their god-given talents to create a world of abundance for all -- free from any restriction or hurdles to achieve what we want to achieve. We live on a planet of abundance. Let us discard the philosophy of scarcity which only benefits the few. Let us reclaim our planet, a world of abundance on all levels of our human endeavour. It is much easier than most will ever imagine. We are the 99 percent -- the planet does not belong to the governments, corporations or the banksters. Let us take her back.
Join the UBUNTU movement wherever you are www.ubuntuparty.org.za and let us share the message of hope and become seeds of consciousness to fill the hearts of everyone with love for all of creation."
Love and Light and Unity
Michael of the family tellinger



World Bank Exposed By Insider Whistleblower on Russia Today

More and more pressure mounting on the global banking elite. Please share this video clip with everyone. This is one of the most cutting interviews done by Russia Today TV - linking the global elite to the control of the media and mega corporations that run our planet Earth. Share the UBUNTU philosophy where you can - the only way we will free ourselves from the stranglehold of the banksters is by not using their money. Nothing else will work - I trust that this is now becoming very clear to everyone.