Arizona endangered wolves still on the brink

The Wolf Preservation Blog

Arizona Map

Wolf-relocation project struggles as lobos fall prey to guns and cars…

By Brandon Loomis The Republic  |  azcentral.com, Sat May 25, 2013 11:25 PM

“ALPINE — A brown-streaked wolf — named Ernesta by her admiring captors — bounded from a crate and onto Arizona soil. She carries in her womb the newest hopes for a rare native species that is struggling to regain a footing in the Southwest.

Her government-sponsored April 25 relocation with her mate, from New Mexico’s Sevilleta National Wildlife Refuge to a mountain south of Alpine, was the first in the state for a captive-bred pair of Mexican gray wolves in more than four years.

The last time a new canine couple sniffed freedom in these mountains, in fall 2008, they didn’t last the winter. Someone shot the female almost immediately, and the male disappeared by February.

“It’s a tough life for wolves in the wild,” Endangered…

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From Matt Weidner in Florida Foreclosure Hell

A COURT ACTUALLY MADE A BANK FOLLOW THE LAW AND ITS OWN RULES!

KABOOM! Non-Compliance With Pooling And Servicing Agreement (PSA) Voids Assignment of Mortgage….

Posted by: | on May 8, 2013

http://mattweidnerlaw.com/blog/2013/05/kaboom-non-compliance-with-pooling-and-servicing-agreement-psa-voids-assignment-of-mortgage/

Down here in Florida Foreclosure Courts, we are treated to a constant, steady, nearly impenetrable wall of,

“Fraud in Foreclosure Doesn’t Matter at All!”

and

“Banks Can Ignore All Laws, All Rules, All Foreclosure Processes And Still Take Your Home”

and a recent favorite

“Banks Can Spit In The Face of The Attorneys General And Ignore Their Absurd National Mortgage Settlement”

But up in New York, a court reached a stunning result…..

A COURT ACTUALLY MADE A BANK FOLLOW THE LAW AND ITS OWN RULES!

The assignment of the Defendant’s note and mortgage, having not been assigned fromthe Depositor to the Trust, is therefore void as in being in contravention of the PSA. The evidence submitted by Defendant that the note was acquired after the closing date and that assignment was not made by the Depositor, is sufficient to raise questions [*10]of fact as to Whether the Plaintiff owns the note and mortgage, and precludes granting Plaintiff summary judgment.

The assignment of the note and the mortgage which affected the transfer was dated July
16, 2008, however, pursuant to the terms of the PSA the trust closed on November 14, 2006.

Section 9.02 of the PSA specifically prohibits the acquisition of any asset for a REMIC
part of the fund after the closing date unless the party permitting the acquisition and the
NIMS (net interest margin securities) Insurer have received an Opinion letter from counsel, atthe party’s expense, that the acceptance of the asset will not affect the REMIC’s status. No such letter has been provided to show compliance with the requirements of the PSA.Plaintiff has provided no evidence that the trustee had authority to acquire the note and mortgage herein after the trust had closed.

Since the trustee acquired the subject note and mortgage after the closing date, the
trustee’s act in acquiring them exceeded its authority and violated the terms of the trust.The acquisition of a mortgage after 90 days is not a mere technicality but a material violation of
the trust’s terms, which jeopardizes the trust’s REMIC status.

Section 9.01(f) of the PSA provides that neither the Trustee, the Servicer or Holder of
the Certificates shall cause any REMIC formed under the PSA, by action or omission, to
endanger the status of the REMIC or cause any imposition of tax upon the REMIC.

Since the trust was organized as a REMIC, the investors received certain tax benefits on
the income that passed through the trust to them. Section 26 U.S.C.A. § 860D(a)(4) defines a REMIC as an entity that
as of the close of the 3rd month beginning after the startup day and at all times thereafter,
substantially all of the assets of which consist of qualified mortgages and permitted
investments.

From Our Friends at 4closureFraud.org

CIFG ASSURANCE NORTH AMERICA, INC., V. GOLDMAN SACHS: GOLDMAN SACHS MUST FACE FRAUD CLAIMS FROM INSURER

Posted by 4closureFraud on May 8, 2013 · Leave a Comment

Court

GOLDMAN SACHS MUST FACE FRAUD CLAIMS FROM INSURER

NEW YORK (Reuters) – Goldman Sachs Group Inc (GS.N) must face fraud claims brought by CIFG Assurance North America (CADEGA.UL) over insurance it provided for $275 million in mortgage-backed securities, a New York state appeals court ruled on Tuesday.

CIFG claimed in a 2011 lawsuit that the investment bank fraudulently induced it to provide insurance for a portfolio of more than 6,000 subprime residential mortgages by concealing the shoddy quality of the loans.

A trial judge in Manhattan threw out that claim last year, ruling that CIFG would have uncovered the alleged misrepresentations had it performed proper due diligence.

The New York State Supreme Court’s Appellate Division, First Department, reversed on Tuesday, finding that CIFG had done enough by having an outside consultant analyze the loans.

“There is a question of fact as to whether plaintiff reasonably relied on defendants’ representations,” a five-judge panel wrote in a unanimous decision.

Rest here…

~

4closureFraud.org

From Living Lies Important Info On Banks!

http://livinglies.wordpress.com/2013/05/07/new-york-getting-ready-to-prosecute-banks-for-violations-of-settlement/

 

New York Getting Ready to Prosecute Banks for Violations of Settlement

Posted on May 7, 2013 by Neil Garfield
At the end of the day everyone knows everything. If you start with the premise that the securitization of debt was a farce and that the necessary element of the false securitization of mortgage loans was the foreclosure of those loans, then you move one step closer to understanding the mortgage and foreclosure mess and a giant step forward to understanding and implementing a solution. All the actions, statements and myths promulgated by the Wall Street banks become clear, including their violation of every consent decree,order and settlement they ever made with respect to mortgage loans.
Attorney General Schneiderman of New York seems to understand this and he is taking the mega banks to task for violating a settlement that looks like pennies on the dollar. He doesn’t care why they violated the $26 Billion settlement but he is taking action for their consistent violation of the settlement. But I care about the reason and so should you. The reason is nothing less than the obvious: the mega banks expose themselves to liability that far exceeds the terms of the settlement.
In any normal circumstances when a big company enters into a settlement that amounts to pennies on the dollar, the company rushes to make the settlement final by paying the money and performing the actions required in the agreement. Thus they commit illegal acts and get away with it by entering into an agreement that looks big but doesn’t put them out of business. They are nothing but anxious to put the settlement behind them.
So why are the mega banks refusing to abide by a $26 billion settlement on a multi- trillion theft? The answer by pure logic and my sources is that if the banks actually performed on the material portions of the agreement they risk going out of business. Why?
The answer is arithmetic. The purpose of the settlement was to stop illegal foreclosure practices and compensate those who lost their homes in illegal Foreclosures (as opposed to simply reversing the Foreclosures and starting over again which is what any court of law would require if there was an admission that the documents and claims in foreclosure were false).
Arithmetic is the answer. Without Foreclosures, the banks cannot support their claim of failure of the mortgages. If the loans are reinstated then the “sales” of loans and mortgage bonds become immediately subject to an accounting and to payback to investors who bought empty bogus bonds issued by a trust that existed in name only. If the loans must be considered performing loans because of any of the reasons contained in those multistage settlements, consent decrees,orders and agency settlements, then the banks must reimburse the insurers, buyers and counter-parties on hedge products like credit default swaps.
Thus satisfactions the settlement agreement exposes the banks to a reduction in their tier 1, tier 2, and tier 3 capital such that the reality and empty underbelly of the banksia displayed for all to see. Those banks and are not nearly as big as they say they are and must be resolved by the FDIC because they actually do not have the minimum capital requirements that all banks must have to continue operations. That is why the Brown bill in the U.S. Senate is dead on right.
If the Foreclosures were invalid there is only one way to correct them, just like any title problem. Correct the defect In Title by reversing the foreclosure or get an affidavit from the homeowner joining in some correction of the corrupted title resulting from fake Foreclosures.
With trillions in liability at stake of course the banks are violating the settlement agreements and consent decrees. All they can do is try to control state and federal action by providing photo opportunities and planted articles around the media to make people feel good. But neither the housing market nor the economy will get the stimulus necessary for a full recovery until the truth is addressed instead of pretending you can fix this mortgage and foreclosure mess with Tiny settlements and promises that nobody intends to keep.

Eric Schneiderman: Banks Have ‘Confidence’ That Law Enforcement Is Not Taking Violations ‘Seriously’
http://www.huffingtonpost.com/2013/05/07/eric-schneiderman-banks_n_3226992.html