Tuesday, October 12, 2010

At this time this is the most thorough single indictment of the fraud in non-judicial foreclosure states like California:  Dr. Charles Lincoln's 3rd amended complaint to Santa Anna USDC judge David O Carter.

He has outlined at least a couple of dozen arguments for striking down state laws that allow evictions regardless of victims' affirmative defensives, and thereby deny them due process, access to courts, petition for redress, and presentation of evidence.  He seeks to have the court declare 42 USC 1981 "color blind" for generally protecting everyone's constitutional (civil) rights, not just people suffering racial discrimination.  He seeks to make it easier to remove foreclosure defense actions from state to federal court, ending state court limited jurisdiction.  He seeks to spotlight the various levels of fraud, racketeering, and conspiracy including lenders, servicers, their attorneys, and state court judges that result in the wholesale theft of real estate from lawful owners.  He seeks to spotlight the loan fraud that has become an industry - the alleged lending of alleged money a bank does not have or own and the securitization of masses of notes without abiding by fiduciary responsibilities to the borrowers, while reaping huge undeserved profits.

Essentially, I believe Dr. Lincoln has correctly analyzed the matter and highlighted salient out-points that the courts and legislatures must correct to restore sanity and integrity to the business of lending mortgage money.

However, I believe he has missed some fairly important areas of explanation about how the system operates, like WHERE the bank gets the alleged money it allegedly lends, the nature of the implied contract for the lender to lend and borrower to borrow and repay, the privity of the lender to the contract that gives the contract its force and effect, and the manner in which securitization destroys the ability to enforce the mortgage.

See the Amended Complaint Here: Complaint

See Also:

Amended Complaint Suggestions, Notes and Opinion

Call to Action

Introduction

 

Bob Hurt contact information:

website: http://bobhurt.com/; Phone: 727-669-5511

Mailing address: 2460 Persian Drive #70 - Clearwater, FL 33763

 

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