Wonderful Story, Thanks Whitewolfpack!

From:  http://www.whitewolfpack.com/2014/07/heroic-pit-bull-saves-deaf-boy-from.html?showComment=1405682028244#c1564072031171231199

Heroic Pit Bull saves deaf boy from house fire (VIDEO)

 

Ace the Pit Bull is being hailed as a hero after he alerted a sleeping deaf boy that the house was on fire.

Thirteen-year-old Nick Lamb was at home alone and was sleeping when Ace jumped on his bed.

“My dog licked my face and woke me up,” Nick told WISH-TV Indianapolis. “I was like, ‘Stop it! What? You want to be fed?’ I thought he wanted to be fed or go outside.”

But Ace wouldn’t stop licking Nick and that’s when he noticed the house was full of smoke.

“I couldn’t hear anything because I had my cochlear implants off. … My dog Ace smelled it,” said Nick. Nick grabbed one of his implants and without any shoes he went downstairs with Ace. Nick and Ace navigated to the back door through the smoke and fire.

The blaze destroyed the family’s home, but firefighters were able to rescue the cat stuck inside. The family home was a total loss, but the family is incredibly grateful that Ace saved Nick’s life.
Source

VIDEO 

 

Responses to “Heroic Pit Bull saves deaf boy from house fire (VIDEO)”

  1. nootkabear says:

    Pits have proven to be great search and rescue animals. The people being rescued, are usually scared to death when they see the Pit, but the animal did wonderful job, and the people should just get over their fears. Pits have had a bad rap!

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LivingLies’ Neil Garfield Post on Fannie and Freddie

New post on Livinglies’s Weblog

 

Fannie and Freddie Demand $6 Billion for Sale of “Faulty Mortgage Bonds”

by Neil Garfield

You read the news on one settlement after another, it sounds like the pound of flesh is being exacted from the culprits again and again. This time the FHFA, as owner of Fannie and Freddie, is going for a settlement with Bank of America for sale of “faulty mortgage bonds.” And most people sit back and think that justice is being done. It isn’t. $6 Billion is window dressing on a liability that is at least 100 times that amount. And stock analysts take comfort that the legal problems for the banks has basically been discounted already. It hasn’t.

For practitioners who defend mortgage foreclosures, you must dig a little deeper. The term “faulty mortgage bonds” is a euphemism. Look at the complaints there filed. When they are filed by agencies it means that after investigation they have arrived at the conclusion that something was. very wrong with the sale of mortgage bonds. That is an administrative finding that concluded there was at least probable cause for finding that the mortgage bonds were defective and potentially were criminal.

So what does “defective” or “faulty” mean? Neither the media nor the press releases from the agencies or the banks tell us what was wrong with the bonds. But if you look at the complaints of the agencies, they tell you what they mean. If you look at the investor lawsuits you see that they are alleging that the notes and mortgages were “unenforceable.” Both the agencies and the investors filed complaints alleging that the mortgage bonds were a farce, sham or in other words, a PONZI Scheme.

Why is that important to foreclosure defense? Digging deeper you will find what I have been reporting on this blog. The investors money was not used to fund the REMIC trusts. The unfunded trusts never had the money to buy or fund the origination of bonds. The notes and mortgages were never sold to the Trusts even though “assignments” were executed and shown in court. The assignments themselves were either backdated or violated the 90 day cutoff that under applicable law (the laws of the State of New York) are VOID and not voidable.

What to do? File Freedom of Information Act requests for the findings, allegations and names of investigators for the agency that were involved in the agency action. Take their deposition. Get documents. Find put what mortgages were looked at and which bond series were involved. Get a list of the mortgages and the bonds that were examined. Get the findings on each mortgage and each mortgage bond. Use the the investor allegations as lender admissions admissions in court — that the notes and mortgages are unenforceable.

There is a disconnect between what is going on at the top of the sham securitization chain and what went on in sham mortgage originations and sham sales of loans. They never happened in the real world, no matter how much paper you throw at it.

And that just doesn’t apply to mortgages in default — it applies to all mortgages, which is why all the mortgages that currently exist, and most of the deeds that show ownership of the property have clouded and probably “defective” and “faulty” titles. It’s clear logic that the government and the banks are seeking to avoid, to wit: that if the way in which the money was raised to fund the loans or purchase the loans were defective, then it follows that there are defects in the chain of title and the money trail that were obviously not disclosed, as per the requirements of TILA and Reg Z.

And when you keep digging in discovery you will find out that your client has some clear remedies to collect the profits and compensation paid to undisclosed recipients arising out of the closing of the “loan.” These are offsets to the amount claimed as due. If the loan was not funded by the Trust, then the false paper trail used by the banks in foreclosure is subject to successful attack. If the loans were in fact funded directly by the trust complying with the REMIC provisions of the Internal Revenue Code, then the payee on the note and the mortgagee on the mortgage would be the trust — or if the loan was actually purchased, the Trust would have issued money to the seller (something that never happened).

And lastly, for now, let us look at the capital structure of these banks. A substantial portion of their capital derives from assets in the form of mortgage bonds. This is the most blatant lie of all of them. No underwriter buys the securities issued by the company seeking financing through an offering to investors. It is an oxymoron. The whole purpose of the underwriter was to create securities that would be appealing to investors. The securities are only issued when you have a buyer for them, and then the investor is the owner of the security — in this case mortgage bonds.

The bonds are not issued to the investment bank as an asset of the investment bank. But they ARE issued to the investment bank in “street name.” That is merely to facilitate trading and delivery of certificates which in most cases in the mortgage bond market don’t exist. The issuance in street name does not mean the banks own the mortgage bonds any more than when you a stock and the title is issued in street name mean that you have loaned or gifted the investment to the investment bank.

If you follow the logic of the investment bank then the deposits of money by depository customers could be claimed as assets — without the required entry in the liabilities section of the balance sheet because every dollar on deposit is a liability to pay those monies on demand, which is why checking accounts are referred to as demand deposits.

Hence the “asset” has been entered on the investment bank balance sheet without the corresponding liability on the other side of their balance sheet. And THAT remains that under cover of Federal Reserve purchase of these bonds from the banks, who don’t own the bonds, the value of the bonds is 100 cents on the dollar and the owner is the bank — a living lies fundamental. When the illusion collapses, the banks are coming down with it. You can only go so far lying to the public and the investment community. Eventually the reality is these banks are underfunded, under capitalized and still being propped up by quantitative easing disguised as the purchase of mortgage bonds at the rate of $85 Billion per month.

We need to be preparing for the collapse of the illusion and get the other financial institutions — 7,000 community and regional banks and credit unions — ready to take on the changes caused by the absence of the so-called major banks who are really fictitious entities without a foundation related to economic reality. The backbone is already available — electronic funds transfer is as available to the smallest bank as it is to the largest. It is an outright lie that we need the TBTF banks. They have failed and cannot recover because of the enormity of the lies they told the world. It’s over.

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.

NORTH CAROLINA DISMISSES, AURORA FAILED TO PROVIDE SUFFICIENT EVIDENCE THAT IT WAS THE HOLDER OF THE NOTE

http://foreclosuredefensenationwide.com/?p=462

NORTH CAROLINA COURT DISMISSES NCGS 45-21.16 FORECLOSURE PROCEEDING, CONCLUDING THAT AURORA BANK FSB FAILED TO PROVIDE SUFFICIENT EVIDENCE THAT IT WAS THE HOLDER OF THE NOTE AND DOT OR HAD STANDING TO BRING NONJUDICIAL FORECLOSURE AS REAL PARTY IN INTEREST | Foreclosure Defense Nationwide – Mortgage Foreclosure Help – Free Advice

July 24, 2012

A Mecklenburg County, North Carolina Superior Court Judge has dismissed what is known as a NCGS 45-21.16 nonjudicial foreclosure proceeding filed by Aurora Bank FSB, finding that Aurora had not presented sufficient evidence that it was the holder of the Note and Deed of Trust (DOT), and thus it could not foreclose. North Carolina’s nonjudicial foreclosure procedure starts with a filing, by the party seeking to foreclose, of a notice of hearing requesting that the Court set a foreclosure sale date.

Aurora presented what it claimed to be the “original note” with several staple holes and an “Allonge” which contained two punch holes in the top center (whereas the Note did not). The Court found that the signatures on the “Allonge” did not appear to be original (those being of one Amy Hawkins, who has “executed” Allonges in the capacity of both a Vice President of First National Bank of Arizona (FNBA) and First National Bank of Nevada (FNBN), which merged before their assets were seized by the FDIC).

The homeowner presented documents demonstrating the transfer of the loan to a Lehman securitized mortgage loan trust which named Aurora as the servicer. The Court noted that Aurora’s claim as “holder” was inconsistent with the securitization documents which showed Aurora acting as servicer for the holder.

The Court found  that there was no information offered as to the dates of the alleged endorsements from FNBA to FNBN or to Aurora, nor how these dates related to the seizure of assets by the FDIC, and ultimately held that the document attached to the “Original Note” cannot constitute an allonge. The Court dismissed the proceeding, concluding that Aurora failed to provide sufficient evidence that Aurora was the holder of the Note and DOT and also failed to demonstrate that it had standing to bring the action as the real party in interest.

FDN network counsel Brian F. Chapman, Esq. represents the homeowner. He can be reached at (704) 380-2039, website address: www.chapmanlawonline.com. The decision was filed on June 28, 2012.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

Federal Judge Magner: Wells Fargo’s Behavior “Highly Reprehensible” – Mandelman Matters

 

Federal Judge Magner: Wells Fargo’s Behavior “Highly Reprehensible”

Does anyone know what’s happened at Wells Fargo Bank?  If so, please let the rest of us know, because in a line up of TBTF bank CEOs, to stand out as being particularly awful is no easy task… and yet Wells Fargo’s CEO, John Stumpf has risen to the challenge and then some.

At the beginning of April of this year, Judge Elizabeth Magner, a federal bankruptcy judge in the Eastern District of Louisiana, characterized Wells Fargo’s behavior as being “highly reprehensible.”  Think about that for a moment.  That means that the judge decided that to describe Wells Fargo as merely “reprehensible,” wasn’t enough.

Wow, that is something.  Can you imagine someone saying that about you… a federal judge, no less?  I’m thinking that if a federal judge ever has the occasion to describe my behavior as being worse than “reprehensible,” I’m going to jail for a long time.

Of course, no danger of anything like that happening here… bankers don’t go to jail in this country, every one knows that.  But, in this instance, after more than five years in litigation with a single homeowner, Judge Magner ordered Wells Fargo to pay the New Orleans man $3.1 million in punitive damages.

Now, if that sounds like a paltry sum for the likes of Wells Fargo, that’s only because it is.  And that it represents one of the largest fines ever levied related to mortgage servicing misconduct hardly makes it feel any better.

It’s kind of like being forced to eat dog turd ice cream, but finding out that it’s okay if you pour motor oil on top.  Does that improve your circumstances?  I guess so, but…

Judge Magner, in her opinion, wrote…

“Wells Fargo has taken advantage of borrowers who rely on it to accurately apply payments and calculate the amounts owed, but perhaps more disturbing is Wells Fargo’s refusal to voluntarily correct its errors. It prefers to rely on the ignorance of borrowers or their inability to fund a challenge to its demands, rather than voluntarily relinquish gains obtained through improper accounting methods.”

So, what was Wells Fargo doing exactly?  Well, they were systematically over-charging the people least able to do anything about it… those filing bankruptcy.  In this case, Wells Fargo improperly charged the borrower $24,000 in fees, but it wasn’t done by hand, it was the bank’s automated systems doing precisely what they were programmed to do.  Like, anything but an isolated incident.

After the borrower fell into default on his mortgage, Wells Fargo’s automated system began applying his mortgage payments to interest and fees that had accrued instead of to principal, as required by his servicing contract, which in turn led to him being charged with a virtual waterfall of additional fees and interest.  And even after the borrower filed bankruptcy, Wells Fargo continued to misapply his payments, according to Judge Magner’s written opinion.

And why wouldn’t they?  I know, it sounds weird to say it, but I think I would have been disappointed had Wells stopped there.

There’s even a terme de l’art for this scenario used by consumer lawyers… they call it a “rolling default.”  I suppose the name refers to the idea that once the scheme gets rolling, it’s all downhill from there.  I think it should be called a “boiling default,” because once it’s boiling, you’re goose is most assuredly cooked.

Or, wait a minute… hang on… how about we call it: “Getting Stumpfed.”

(Come on, admit it… I’m good.)

Judge Magner went on to describe Wells Fargo’s litigation tactics as involving the filing of dozens of briefs, motions and other filings clearly designed to slow down legal proceedings to such a point that anyone thinking of mounting a legal challenge against a bank quickly finds it essentially impossible.

And since it’s only through costly litigation that the insidious crimes of Wells Fargo become apparent, all the bank has to do is prevent those with limited resources from doing what they can’t do with limited resources.  Now there’s a winning business model for you.  Like making billions by stopping blind people from seeing.

What sort of a company engineers this sort of strategic core competency anyway?  Remember Ford’s infamous Pinto strategy… rather than fix the problem, just settle them as they exploded?  Well, this Wells Fargo stuff makes that look as benevolent as Girl Scouts selling cookies after church.

Wells Fargo actually engineered a strategy and built a system to rampantly abuse the individuals in our society least able to defend their interests.  This is a bank that deserves to have a statue erected in its likeliness and even its own Lazarus-styled sonnet.  I’m just thinking out loud here, but how about…

“The Statue of Larceny”

And inside the base, engraved on a bronze plaque, could be these words…

Give us your jobless, injured, bankrupt filers, whose lawyers won’t work free. 

The wretched refuse against whom in court we’ll always score. 

Send them one by one, homes all sold by substitute trustee,

We’ll rape them, rob them, force them out Wells Fargo’s golden door.

Not bad, right?  No?  Sheesh… tough crowd.

Judge Magner, in an interview with Ben Hallman of Huffington Post, said that she personally analyzed the loan files of twenty borrowers in her court and found supposed “errors” in every single instance.  So, at least we know the systems are working properly, and somehow I find that oddly reassuring.

I don’t know why but there’s something even more terrifying about the idea that we might be getting ripped off by banks in an entirely random way.  Like one day you get hit for a hundred… and the next day not only is your entire IRA gone, but two weeks later you learn that the bank bounced one of your checks to the IRS for the penalty on the early withdrawal.

I know, right?  Now, that would be rude.

I guess I only have a couple of questions I’d like to ask, and the most obvious is: Why would anyone whose read about this decision continue to bank at Wells Fargo?

I mean, if they do this sort of thing systematically… AND THEY UNQUESTIONABLY DO, how do you know where the other spots are that are picking your pocket for twenty here and twenty there.  Because you’re not going to tell me you think this case has uncovered the only place at Wells Fargo where this sort of thing goes on, are you?  Come on… what are you, six?

And, my second question is: What do our elected representatives do these days… I mean specifically?  State or federal, I don’t care which… you pick.  Because it kind of seems like we’ve quietly been transformed into a lawless society in many ways, don’t you think?

Like in this bankruptcy case… the judge has uncovered the systematic stealing from the defenseless, but it’s not like it’s a major news story, or anything.  To the contrary, it’s nowhere.  Doesn’t anyone but me find that amazing?  How do they do that?  Where have all the journalists gone?

I can tell you that I receive more complaints about Wells Fargo refusing to approve loan modifications than any three other mortgage servicers combined.  But then, Wells did modify one of the homeowners I wrote about a few months back.  I don’t know why, maybe it was an accident.

Here’s one more thing Judge Marner said about Wells Fargo in her written opinion…

“These are loans of working-class people who bought homes they could afford and whose loans were not administered correctly from an accounting perspective,” Judge Magner said. “I think that these types of problems occur in almost every [defaulted] loan in the country.”

Good Lord.

So, Mr. John Stumpf… Wells Fargo’s CEO… you just go ahead committing those criminal acts with impunity.  Don’t change now… go down with your ship.  Besides, I’m sure there are deceptions your people haven’t thought of yet.

Do you have a program that targets autistic children yet? Or what about something abusive for unmarried pregnant chicks that never finished high school? Or, what about the elderly, are you doing enough to take advantage of the elderly?

I’m sure you’ll think of something, which is why I’ve told my wife and daughter to stay out of banks for the foreseeable future.  We only make deposits at the ATM at night, which may sound crazy, but I’m betting will one day soon prove considerably safer than being inside during the day.

Lo siento.  Que se mejore pronto.

Mandelman out.

Federal Judge Magner: Wells Fargo’s Behavior “Highly Reprehensible” – Mandelman Matters