Monthly Archives: May 2012

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Saint Louis Missouri Inundated By Rampant Animal Abuse Epidemic – 1 WildAss

 

Saint Louis Missouri Inundated By Rampant Animal Abuse Epidemic

Gang House Is Torture Chamber For Five Brutally Killed Dogs

ST. LOUIS, May 16, 2012 /PRNewswire-USNewswire/ — With rampant, unchecked animal abuse occurring on a daily basis, Saint Louis City has a dark cloud hanging over it that largely remains a secret to the rest of the nation. In a state notorious for puppy mills and lax animal abuse laws, St. Louis continues to stand out among other major metropolitan cities for their unwillingness to dedicate any resources of consequence to combat the rising animal abuse epidemic that plagues the area. Stray Rescue of St. Louis, a companion animal rescue and shelter nonprofit that has been featured on networks like CNN, National Geographic and Animal Planet, arrived at a vacant city house littered with gang graffiti on Tuesday, May 15 to find five dogs savagely tortured and killed.

(Photo: http://photos.prnewswire.com/prnh/20120516/DC08614)
“I have seen a lot of horrific abuse in the decades I have been rescuing dogs, but I haven’t seen anything this barbaric,” said Randy Grim, Founder of Stray Rescue. “It was like a scene from the most shocking horror film, and it will stay with me forever. These dogs truly went through hell.”
In the house, rescuers found chains and electrical cords used to restrain and strangle dogs. They found skeletal remains of a dog that had been choked to death, and a trail of dried blood that led to an area where a dog was burned – more than likely alive. Furniture was stacked upon more furniture over the body of another dog that had also been strangled with a cable cord.
The lifeless body of a dog seen through an upstairs window was draped over the windowsill. X-rays, taken by Stray Rescue’s veterinary staff as part of a necropsy report, revealed severe trauma to the larynx. The vet staff believes that this was caused by the abusers positioning the dog on the windowsill and slamming the window down upon him repeatedly, crushing his larynx and killing him. One witness in the area, who wishes to remain anonymous because they are afraid of the gang who committed the abuse, reported a sixth dog who was lynched, having been hung out of a window. This dog has not been recovered.
“It’s terrifying to know that people who are capable of such abuse are running free in our neighborhoods right this moment, and it’s chilling to not know who their next victim will be,” said Grim. “Stray Rescue is offering a $5,000 reward to anyone who comes forward with information that leads to the conviction of these abusers.”

The correlation between animal abuse and violent crime is well documented, and Stray Rescue has been building abuse cases for the city’s Circuit Attorney’s Office for prosecution. The police have been largely unsympathetic to the situation and unresponsive to assisting in the arrests of these dangerous criminals. In fact, St. Louis is one of the few major cities with no dedicated police officers assigned to such cases, and city officials rely heavily on the nonprofit to humanely remove dogs from the streets. In July of 2011, Agent Richie Raheb of the ASPCA’s Humane Law Enforcement Division and star of Animal Planet’s “Animal Precinct” accompanied Grim for a day of rescuing and promptly stated that the areas in St. Louis “were the worst he had ever scene.”
Stray Rescue deals with abuse cases in the city daily and is currently working to build a comprehensive case in order to seek arrest for the individual(s) who committed these gruesome crimes.
To honor the deceased dogs that likely never knew anything but terror, Stray Rescue gave them names before having their remains cremated together: Brandy, Schnapps, Frangelico, Grand Marnier, and B&B.
People can help by reading about this abuse story online and then contacting St. Louis Mayor’s Office, the Police Chief Isom, and other St. Louis Officials and express their outrage at this horrific abuse.

About Stray Rescue of St. Louis
Stray Rescue’s mission is to lead the way towards making St. Louis a compassionate city where every companion animal knows health, comfort, and affection, and no stray is euthanized merely because he or she has been abandoned, abused, or neglected. As part of our mission, Stray Rescue is out on the streets daily taking a progressive, proactive approach to establishing a permanent resolution to the stray companion animal problem through dedicated rescue efforts, sheltering, community outreach programs, education, collaborations, and the encouragement of responsible pet guardianship.
Contact: Randy Grim, 314.267.0704, randy@strayrescue.org
Jason Schipkowski, 314.740.5224, jason@strayrescue.org

SOURCE Stray Rescue of St. Louis

Saint Louis Missouri Inundated By Rampant Animal Abuse Epidemic – 1 WildAss

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Certified Forensic Loan Auditors, LLC | AG Biden Says $25B Settlement Not the End, Securitization Next

 

AG Biden Says $25B Settlement Not the End, Securitization Next

mortgagenewsdaily.com | May 16, 2012

Delaware Attorney General Beau Biden said recently that the states’ attorneys general need to make it clear that the recent $25 billion settlement with five major banks is the beginning not the end of their enforcement actions.   Biden, speaking on MSNBC’s Morning Joe said the savings and loan crisis cost the economy $168 billion and 1,000 people went to jail.  “This crisis, which was man made,” he said, “cost the economy trillions and I can’t really find anyone who has been held accountable.”

Show co-host Willie Geist asked Biden who he was focusing on, who did he think should be in jail?  Biden said one area he, New York Attorney General Eric T. Schneiderman and others are looking at is the securitization aspect, “whether or not there were false securities, mortgage-backed securities, sold to investors.  That affects borrowers as well.”

He noted that Missouri Attorney General Chris Koster recently indicted DOCX and its CEO Lorraine Brown.  This is relevant, Biden said, because this woman has become famous, on 60 Minutes and so forth, because she signed thousands upon thousands of foreclosure affidavits.  “Chris Costner indicted her for forgery.  That’s the kinds of thing we need to begin to do.”  He said that investigations need to go beyond robo-signing and that people must be held accountable.  “People are angry,” he said.  “Republicans, Democrats, Tea Partiers and 99 Percenters are all angry that no one has been held accountable for something they know is obviously fraught.  And that’s my job as AG.”

Certified Forensic Loan Auditors, LLC | AG Biden Says $25B Settlement Not the End, Securitization Next

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The Securitization Curtain is Lifting in Hawaii! | Deadly Clear

Deadly Clear

Derivatives are financial weapons of mass destruction… potentially lethal. -Warren Buffet

The Securitization Curtain is Lifting in Hawaii!

Posted on March 29, 2012 by Deadly Clear

“One of the most important decisions for Borrowers Rights in the history of Hawaii has been made with this decision,” remarked Honolulu attorney Gary Dubin. Honorable Judge J. Michael Seabright of the Hawaii United States District Court, today GRANTED the homeowners’ Motion to Dismiss the case filed against them in federal district court by Plaintiff Deutsche Bank National Trust Company, as Trustee Morgan Stanley ABS Capital I Inc. Trust 2007-NC1 Mortgage Pass-Through Certificates, Series 2007-NC1.

The Williamses (Leigafoalii Tafue Williams and Papu Christopher Williams), who were represented by Honolulu attorney, James J. Bickerton (Jim), of Bickerton Lee Dang & Sullivan, filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), in which they argue, among other things, that Plaintiff has no standing to foreclose because it has not established that it was validly assigned the Mortgage and Note.

The Court noted that: “Because the court finds that Plaintiff has failed to establish its standing to bring this action, the court need not reach the Williamses’ other arguments for dismissal.”

Honorable Judge J. Michael Seabright gets it! And his ORDER was detailed. In the Discussion, Judge Seabright notes an argument that homeowners have being trying to persuade the courts (especially at the lower state levels) to grasp: STANDING and JURISDICTION.

“Standing is a requirement grounded in Article III of the United States Constitution, and a defect in standing cannot be waived by the parties. Chapman v. Pier 1 Imports (US.) Inc., 631 F.3d 939,954 (9th Cir. 2011). A litigant must have both constitutional standing and prudential standing for a federal court to exercise jurisdiction over the case. Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 11 (2004). Constitutional standing requires the plaintiff to “show that the conduct of which he complains has caused him to suffer an ‘injury in fact’ that a favorable judgment will redress.” Id. at 12. In comparison, “prudential standing encompasses the general prohibition on a litigant’s raising another person’s legal rights.” Id. (citation and quotation signals omitted); see also Oregon v. Legal Servs. Corp., 552 F.3d 965, 971 (9th Cir. 2009).”

Let’s continue – but we’ll get back to that injury issue later in the post.

The WILLIAMSES’ ORDER continues: “The Williamses factually attack Plaintiff’s prudential standing to foreclose, arguing that there is no evidence establishing that Plaintiff was validly assigned the Mortgage and Note on the subject property. The issue of whether Plaintiff was validly assigned the Mortgage and Note is inextricably intertwined with the merits of the Plaintiffs claims seeking to foreclose…”

Of course, this was a New Century Mortgage (Home123) and the Plaintiffs were taking part in a fabricated assignment in 2009 to a 2007 Trust… (that boat had sailed 2 years before because theTrust had long since closed) – but even more compelling in the Motion to Dismiss-Memorandum was the Williamses assertion that New Century aka Home123 was in a liquidating bankruptcy as of August 1, 2008 and they had nothing to assign in January 2009.

Deutsche argued that the Williamses were not parties or beneficiaries to the assignment such that they cannot challenge it… [we’ve heard that before, yeah?]. However, the Judge Seabright clarifies a valid point:

“Plaintiffs argument confuses a borrower’s, as opposed to a lender’s, standing to raise affirmative claims. In Williams v. Rickard, 2011 WL 2116995, at *5 (D. Haw. May 25, 2011), — which involved the same parties in this action and in which Lei Williams asserted affirmative claims against Deutsche Bank – Chief Judge Susan Oki Mollway explained the difference between the two:

“…Standing” is a plaintiff’s requirement, and … Defendants must establish “standing” to defend themselves.”“

Judge Seabright continues: ”Deutsche Bank asserts affirmative claims against the Williamses seeking to enforce the Mortgage and Note, and therefore must establish its legal right (i.e., standing) to do so. See, e.g., IndyMac Bank v. Miguel, 117 Haw. 506, 513, 184 P.3d 821, 828 (Haw. App. 2008) (explaining that for standing, a mortgagee must have “a sufficient interest in the Mortgage to have suffered an injury from [the mortgagor’s] default”).”

Attorney Bickerton faced off in court and explained to the Judge in oral argument that the banks didn’t just miss the date to file their assignments or needed to tidy up paperwork, this was a ‘Business model using the loans for overnight lending.’ Bickerton told the Court that if this wasn’t dismissed, his first line of discovery would be geared to uncover the outside financial advantages being derived from the use of the Williamses’ loan.

Understanding the premeditated intentions of these banks, how they pledge, collaterize, swap, sell, lease,and trade these loans that are SUPPOSED to have been in a static trust will open the eyes of lawmakers to the real moral hazard – the fraud upon the homeowners, the courts and the state.

Jim Bickerton profoundly says that, “every foreclosure in the state is a victim of this shadow banking scam.”

James J. Bickerton
Bickerton Lee Dang & Sullivan
Fort St Tower
745 Fort St Ste 801
Honolulu, HI 96813
808-599-3811
Email: bickerton@bsds.com

“Security trusts will no longer be able to hide behind the hocus pocus of the pooling and servicing agreements. The ramifications of this decision are extraordinary,” praises Gary Dubin.

INJURY – Remember that issue from above?

Let’s discuss the trusts. We can see by the assignments that they were not made timely and NY trust laws call them VOID. The REMIC has failed. But maybe the investors ARE getting paid with the behind the scenes shadow banking scheme.

And let’s suppose we can see the trading in the trust is active, numerous investors have already been paid off – where is the “injury”….hmmm?

We’re connecting the dots, people with above average intelligence are realizing, just like Judge Seabright, that there are huge schemes behind the scenes of an everyday mortgage that the borrower never intended to participate in… and eventually we’ll know whether the application for a mortgage started the securitization process before the borrower signed the note making them securities with no disclosure, how many insurance policies were attached to the loans and when (we never agreed to be over insured which would give someone the incentive to “off” us)… it’s coming soon – to a court room near you…

…and the Securitization curtain will be lifting for the big show.

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Details by DeadlyClear

Honorable Judge J. Michael Seabright – Thank you. Mahalo!
This is why he gets the “Gets It” award:

http://archives.starbulletin.com/2005/04/28/news/story5.html

An assistant U.S. attorney who prosecuted several high-profile white-collar criminal cases here is on his way to becoming Hawaii’s fourth full-time federal judge. Michael Seabright: As an assistant U.S. attorney, he put three isle politicians behind bars.

The U.S. Senate voted 98-0 yesterday to confirm J. Michael Seabright as a U.S. district judge for the District of Hawaii. ”I’m very honored to have received that vote,” said Seabright, 46, an assistant U.S. attorney since 1990 and head of the white-collar crime section since 2002.

Image of the Honorable John Michael Seabright from http://www.grainnet.com/articles/usda_cited_by_federal_judge_for_permitting_violations_in_hawaii-36404.html